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Minutes October 12, 1999CITY OF DENTON CITY COUNCIL MIINUTES October 12, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, October 12, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Deliberations regarding certain public power utilities competitive matters –– Under TEX. GOV’T. CODE Section 551.086.** [**Before the City Council could deliberate, vote, or take final action on this agenda item as a competitive matter in a Closed Meeting under the provisions of TEX. GOV’T. CODE Section 551.086 (c), the Council made a good faith determination, by majority vote of its members, that the agenda item was a competitive matter that satisfied the requirements of Section 551.086 (b)(3). The vote was taken during the Closed Meeting and was included in the certified agenda of the Closed Meeting. If the Council failed to determine by a majority vote that the agenda item satisfied the requirements of Section 551.086 (b)(3), the Council did not deliberate or take any further action on the agenda item in the Closed Meeting.] 1. Considered, discussed and deliberated proposals for Denton Municipal Electric to acquire thirty (30) megawatts of electric peaking capacity and energy from an outside source for calendar year 2000, as well as the relevant transmission constraints and contingencies, and the risks associated with such acquisition. The Council convened into a Work Session on Tuesday, October 12, 1999 at 6:00 p.m. in the Council Work Session Room in City Hall. 1. The Council received a report, held a discussion, and gave staff direction on City’s health insurance contract for the year 2000. Max Blackburn, Risk Manager, stated that the recommendation was for a one year contract with Aetna who was the lowest and best proposal for a fully insured HMO and Point Of Service plan. Mayor Pro Tem Beasley asked about the disruption of doctors who were not currently signed on with Aetna. Blackburn stated that Aetna would try and sign up as many of those doctors as possible. Consensus of the Council was to proceed with the proposal. City of Denton City Council Minutes October 12, 1999 Page 2 2. The Council received a report, held a discussion, and gave staff direction regarding the revised draft Comprehensive Plan. Dave Hill, Assistant City Manager for Development, stated that City Council revision comments had been inserted into the draft Comprehensive Plan, which had been reprinted with annotations. The draft Plan had also been improved through the copy-editing services of Dr. James Rogers. Two items remained outstanding – floodplains and schools. Staff recommendations were included in the agenda materials regarding these outstanding items. He indicated that the population forecast map had been revised as well as the land use plan. Council reviewed the proposed changes and made recommendations for further refining of the document. Council Member Young left the meeting. 3. The Council received a report, held a discussion, and gave staff direction regarding residential conversions in nonresidential land use zones. Dave Hill, Assistant City Manager for Development, stated that this was a request from Council Member Cochran regarding a specific property situation at 1508 N. Elm Street. Due to the nature of the north Elm-Locust corridor as a mixed use of residential and nonresidential land uses, staff felt that the request to rezone from office to residential would be suitable. A question to resolve was under what circumstances would a conversion be permitted without the property owner having to go through a long lengthy and possibly costly process. It was felt that the Elm/Locust corridor was different than any other corridors within the City. Council discussed possible procedures to allow for changes in the status of these types of situations. A suggestion was for a temporary planned development district that would allow for both office and residential use. Conditions would be imposed based on the uses. The city could initiate the change in zoning that would relieve the property owners of the cost for the change. Consensus of the Council was that the change should be handled on a case by case basis. 4. The Council received a report, held a discussion, and gave staff direction regarding land use regulations as they applied to public, private, and parochial schools. Dave Hill, Assistant City Manager for Development, stated that the issue seemed to be whether to require denominational schools to obtain a specific use permit for new facilities on residentially zoned land or continue to be treated as public schools. Consensus of Council was to request additional legal research into the issue. 5. This item was pulled from consideration. 6. The Council received a report, held a discussion, and gave staff direction regarding a proposed voluntary annexation of approximately 24 acres located at the southwest corner of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. City of Denton City Council Minutes October 12, 1999 Page 3 The zoning at the time of annexation would be Agricultural (A). (A-96, Silver Dome at Cooper Creek) Dave Hill, Assistant City Manager for Development, stated that the applicant had requested the property be annexed. The property was currently undeveloped and the stated purpose of the annexation was to incorporate a single family development. Consensus of the Council was to proceed with the proposed schedule of annexation. 7. The Council was to have held a discussion regarding the terms of office for the members of the Public Utilities Board. This item was not considered. 8. The Council received an update on the City of Denton’s emergency warning system, especially the City’s outdoor warning siren system. Ross Chadwick, Fire Chief, presented an update on the status of the early warning system as noted in the agenda materials. Consensus of the Council was to proceed as proposed. 9. The Council received a report, held a discussion, and gave staff direction regarding public right-of-way franchise fees for providers of utility service. Sharon Mays, Director of Denton Municipal Electric, stated that this proposal would be for a standard ordinance replacing the franchise ordinance. It was recommended by the legal advisors to have uniform processes that applied to all electric providers within the City. This would be a two step process with the second step being a short franchise agreement with the individual providers. Both TXU and CoServ were in agreement with the concept of an ordinance. She reviewed the provisions of the ordinance as noted in the agenda materials. While TXU was in agreement with the concept of the ordinance, it had some philosophical differences with some of the provisions in the ordinance. These objections were included with the agenda materials. Option two was recommended by staff for approval by the Council. Consensus of the Council was to proceed with Option Two. Following the completion of the Work Session the Council convened into a Special Called Session. 1. The Council considered adoption of an ordinance establishing uniform regulations to govern the use and occupancy of public rights-of-way by providers of electric utility service in the City of Denton; providing definitions; requiring such users to obtain a franchise from the City prior to such use; prescribing the compensation to be paid to the City by providers; prescribing the conditions under which such users may use and occupy the public rights-of-way; requiring undergrounding of conduits; requiring joint use of poles and conduits; requiring the maintenance of maps and data regarding facilities in public rights-of-way; providing for enforcement of the regulations and franchises granted thereunder; providing for penalties and City of Denton City Council Minutes October 12, 1999 Page 4 other legal remedies in the event of provider’s violation of the provisions of this ordinance or of the franchise; providing for governmental immunity of the City and its employees; providing for insurance; providing a severability provision; providing an effective date; and ordaining other provisions related to the subject matter hereof. Beasley motioned, Burroughs seconded to adopt the ordinance with option two and the requirement that future developments would place the utilities underground. Steve Taylor, TXU, spoke on the issue. The following ordinance was considered: NO. 99-373 AN ORDINANCE ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY BY PROVIDERS OF ELECTRIC UTILITY SERVICE IN THE CITY OF DENTON; PROVIDING DEFINITIONS; REQUIRING SUCH USERS TO OBTAIN A FRANCHISE FROM THE CITY PRIOR TO SUCH USE; PRESCRIBING THE COMPENSATION TO BE PAID TO THE CITY BY PROVIDERS; PRESCRIBING THE CONDITIONS UNDER WHICH SUCH USERS MAY USE AND OCCUPY THE PUBLIC RIGHTS-OF-WAY; REQUIRING UNDERGROUNDING OF CONDUITS; REQUIRING JOINT USE OF POLES AND CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND DATA REGARDING FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR ENFORCEMENT OF THE REGULATIONS AND FRANCHISES GRANTED THEREUNDER; PROVIDING FOR PENALTIES AND OTHER LEGAL REMEDIES IN THE EVENT OF PROVIDER’S VIOLATION OF THE PROVISIONS OF THIS ORDINANCE OR OF THE FRANCHISE; PROVIDING FOR GOVERNMENTAL IMMUNITY OF THE CITY AND ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A SEVERABILITY PROVISION; PROVIDING AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 2. The Council considered adopting an ordinance disannexing and releasing from the city’s extraterritorial jurisdiction approximately 2.1 acres located west of State School Road, north of its intersection with Robinson Road in the Oakmont II subdivision; and providing an effective date. The Planning and Zoning Commission recommended approval (7-0). (First reading, A-92) Dave Hill, Assistant City Manager for Development, stated that items 2 and 4 were related and 3 and 5 were related. Each was the first reading of the ordinance. The Council considered the following ordinance: City of Denton City Council Minutes October 12, 1999 Page 5 (First Reading) AN ORDINANCE DISANNEXING AND RELEASING FROM THE CITY’S EXTRATERRITORIAL JURISDICTION APPROXIMATELY 2.1 ACRES LOCATED WEST OF STATE SCHOOL ROAD, NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 3. The Council considered adopting an ordinance disannexing and releasing from the city’s extraterritorial jurisdiction approximately 16.3 acres located south of Robinson Road in the Oakmont IV subdivision; and providing an effective date. The Planning and Zoning Commission recommended approval (7-0). (First reading, A-93) The following ordinance was considered: (First Reading) AN ORDINANCE DISANNEXING AND RELEASING FROM THE CITY’S EXTRATERRITORIAL JURISDICTION APPROXIMATELY 16.3 ACRES LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 4. The Council considered adopting an ordinance annexing approximately 1.5 acres located west of State School Road north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommended approval (7-0). (First reading, A-94) The following ordinance was considered: (First Reading) AN ORDINANCE ANNEXING APPROXIMATELY 1.5 ACRES LOCATED WEST OF STATE SCHOOL ROAD NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION; ESTABLISHING ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 12, 1999 Page 6 Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. 5. The Council considered adopting an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing planned development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommended approval (7-0). (First reading, A-95) The following ordinance was considered: (First Reading) AN ORDINANCE ANNEXING APPROXIMATELY 17.2 ACRES LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION; ESTABLISHING PLANNED DEVELOPMENT (PD-111) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY APPROVING A CONCEPT PLAN; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 10:15 p.m. _____________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS