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Minutes December 14, 1999CITY OF DENTON CITY COUNCIL MINUTES December 14, 1999 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, December 14, 1999 at 5:15 p.m. in the City of Denton Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 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. Consultation With Attorney --- Under TEX. GOV’T. CODE Section 551.071. 1. Considered, discussed, and deliberated approval of an Interruptible Natural Gas Transportation Agreement pertaining to natural gas requirements to be furnished to the Denton Municipal Electric Spencer Steam Power Plant to be used furnished to the Denton Municipal Electric Spencer Power Plant to be used for the production of electric energy. Consultation with the City’s attorneys concerning the Agreement, and related legal issues and requirements, where to discuss such issues and matters in a public meeting would conflict with the attorney’s duties and responsibilities under the Texas Disciplinary Rules of Professional Conduct. 99-475 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERRUPTIBLE NATURAL GAS TRANSPORTATION AGREEMENT BY AND BETWEEN THE CITY Of DENTON AND TXU LONE STAR PIPELINE, A DIVISION OF TXU GAS COMPANY, PERTAINING TO NATURAL GAS REQUIREMENTS FURNISHED TO THE SPENCER STEAM POWER PLANT; AUTHORIZING THE EXPENDIUTRE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. This matter was considered and approved in closed meeting as reported in the certified agenda for that meeting. B. Deliberations Regarding Certain Public Power Utilities Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086. 1. Considered, discussed, and deliberated, and received competitive commercial, financial, and technical information from Denton Municipal Electric (“DME”) staff concerning the updated DME financial model; the assumptions used in the development of the model; including forecasting and planning strategies and options regarding the future operations and position of DME in a competitive, deregulated, restructured electric marketplace. The information presented would involve issues and projections respecting a number of possible alternate electric competitive scenarios in which Denton might operate during the next twenty years. City of Denton City Council Minutes December 14, 1999 Page 2 C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086. Consultation With Attorney --- Under TEX. GOV’T. CODE Section 551.071. Deliberations Concerning Real Property --- Under TEX. GOV’T. CODE, Section 551.072. 1. Considered, discussed, and deliberated the valuation of and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton’s electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City’s electric generation assets. Conducted a consultation with the City’s attorneys, in order to obtain the advice and recommendations of the City’s attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys’ duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. Work Session of the City of Denton City Council on Tuesday, December 14, 1999 at 6:40 p.m. in the Council Work Session Room in City Hall, 215 E. McKinney Street. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Cochran, Durrance, Kristoferson, and Young. ABSENT: Council Member Burroughs 1. The Council received a report, held a discussion and gave staff direction regarding Diversified Utility Consultants, Inc.’s audits of TXU Electric and Gas, including discussion of the Senate Bill 7 methodology of calculating franchise fees. Herb Prouty, City Attorney, introduced Dan Bohannan from Diversified Utility Consultants. Bohannan stated his firm had been retained by the City to review franchise calculations. They were to determine why there was a reduction in the 1998 franchise fee payment over the 1997 payment from TXU-Lone Star Gas. He stated that they reviewed the franchise fee calculations for the period from 1982 to 1998 to determine if TXU was in compliance with the franchise fee agreement. He stated their preliminary report showed that TXU-Lone Star Gas had underpaid its franchise fees by $861,088 for the years 1982 to 1998. Steve Taylor, 2213 Stonegate, Area Manager of TXU Electric and Gas, stated that the franchise payment had been properly calculated and paid in accordance with the franchise agreement. Prouty stated that staff recommended meeting with TXU to discuss the audit findings and include negotiations regarding the electric franchise. The Council agreed to this. 2. The Council received a report, held a discussion, and gave staff direction regarding the draft interim development standards ordinance intended to apply policies of the comprehensive plan to specified development applications. th Dave Hill, Assistant City Manager of Development Services, stated that at the December 7 meeting, the Council agreed to discuss the interim ordinance at the work session on December City of Denton City Council Minutes December 14, 1999 Page 3 th 14. The Planning and Zoning Commission agreed to postpone deliberations regarding the th ordinance until December 15. He stated that until the Planning and Zoning Commission made its recommendation, the Council could not take formal action on the ordinance. Hill stated the moratorium ordinance was designed to be short-lived. The major concept of the interim ordinance was to create base densities for residential development and allow limited increases in density in proportion to the developer’s willingness to enhance the project. Two types of submissions are proposed in the ordinance: 1) The Zoning Plan, which would require the evaluation of neighboring areas and the impact of proposed zoning densities; and 2) The Project Plan, which would address the construction and lot characteristics of the project and allow evaluation of design quality. Hill stated there were several issues that the Council might wish to address. He stated that Council could consider expiration dates for the Zoning Plan and Project Plan. He also stated that consideration should be given as to whether the Project Plan should be considered a zoning versus an administrative approval. If considered a zoning approval, the Project Plan would require P&Z and City Council review. If considered an administrative approval, the Project Plan could be reviewed by Council only. He stated that Council should consider an exemption for PD Concept Plans approved after May 1, 1997. This would allow recently approved PD’s to submit Detailed Plans under the existing regulations. The Council discussed the date for allowing exemptions and decided that any PD Concept Plans approved prior to May 1, 1997 would require a zoning plan and a project plan. Anything approved between May 1, 1997 and April 7, 1998 would require a concept plan and a project plan. Anything approved after April 7, 1998 would require a detailed plan. The Council discussed revisions to the draft ordinance and instructed staff to make the revisions and allow the Planning and Zoning Commission to review their recommendations. Council Member Burroughs returned to the meeting. 3. The Council received a report, held a discussion, and gave staff direction regarding an ordinance of the City of Denton, Texas, amending and superceding in its entirety Ordinance No. 99-440 establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified residential development applications prior to adoption of a revised land development code; providing for exemptions. Terry Morgan stated that the proposed ordinance would place moratoriums on the acceptance and processing of preliminary plats, final plats, and building permits for residential developments. It would also place a moratorium on an application for a detailed plan where a development plan had been previously approved. He stated that there were only two exemptions: a residential development application for property that received zoning approval on or after April 7, 1998 and an application for final plat approval for single-family dwellings where a preliminary plat had previously been approved. The Council recommended keeping in place the ordinance that was passed last week. City of Denton City Council Minutes December 14, 1999 Page 4 4. The Council received a report, held a discussions, and gave staff direction regarding an ordinance of the City of Denton, Texas establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified commercial development applications prior to adoption of a revised land development code; providing for exemptions. Terry Morgan stated that this would place a moratorium on the acceptance and processing of preliminary plats, final plats and building permits for commercial developments. The only exemption was for plat and building permit applications for property that had received zoning approval on or after April 7, 1998. Mayor Pro Tem Beasley asked if the Council could go into executive session on this item. Herb Prouty, City Attorney, stated they could under consultation with attorney. He stated he would prepare written notice and then they could go into executive session. The Council considered item #6. 6. The Council received a report, held a discussion, and gave staff direction regarding an annexation schedule for the Spencer Plant site (A-98, DME Generation Plant). Consensus of the Council was to proceed with the schedule. 5. The Council received a report, held a discussion and gave staff direction regarding implementation of the Fry Street Small Area Plan, specifically the creation of a Fry Street Zoning Overlay District. Dedra Ragland, Small Area Planning Manager, stated that council had directed staff to identify different scenarios of off-street parking requirements. Ragland stated that the council had two options. Option 1 involved initiating a zoning amendment process to create a Fry Street Zoning Overlay District to eliminate all off-street parking requirements and establish building densities and minimum area and height requirements; determine the location and consolidation of solid waste containers; and to amend the sign regulations for the District. Option 2 involved initiating a zoning amendment process to create a Fry Street Zoning Overlay District to reduce all off- street parking requirements to 1:400; determine the location and consolidation of solid waste containers; and to amend the sign regulations for District. She stated that staff recommended Option 1. Consensus of the council was to go with the 1:400 off-street parking requirements. The council returned to Item #4. The Council convened into executive session at 11:50 p.m. The Council convened into regular session at 12:20 a.m. Terry Morgan stated this moratorium ordinance would apply to commercial development applications. This ordinance would place a moratorium on the acceptance and processing of City of Denton City Council Minutes December 14, 1999 Page 5 preliminary plats, final plats and building permits for commercial developments. The only exemption was for plat and building permit applications for property that had received zoning approval on or after April 7, 1998. If the ordinance was adopted, staff would need to be given direction to develop interim regulations for commercial developments. Hill stated that staff needed direction on what to do with applications already in the development review process. He stated staff was under an obligation to advise council when new applications came in to advise if the land use proposed was consistent with the plan. He asked Council if a moratorium was needed to allow staff the time to devise the proper strategy to bring these to Council. Following further discussion, Council advised staff to proceed with drafting an interim ordinance. 7. The Council received a report, held a discussion and gave staff direction regarding a Planned Development sunsetting ordinance, which sets time limits on all steps and processes in planned development districts. Herb Prouty, City Attorney, stated that this would place a time limit on all steps and processes in the planned development districts. The concept was that the various stages of the PDs–concept plan, development plan, and detailed plan–all be subjected to time limits. Council Member Kristoferson requested postponement of this item. Consensus of the Council was to postpone this item. 8. New Business This item provides a section for Council Members to suggest items for future agendas. Following the completion of the Work Session, the Council convened into a Special Called Session to consider the following: 1. The Council discussed and took action on the reconsideration of the December 7, 1999 City Council decision related to Annexation Case # A-96, Silver Dome at Cooper Creek, the first reading of an ordinance voluntarily annexing approximately 24 acres of land located at the southwest corner of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. Young motioned, Burroughs seconded to consider reconsideration of the December 7, 1999 City Council decision related to Annexation Case #A-96. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 2. The Council considered approval of an ordinance of the City of Denton, Texas, reconsidering the City Council vote of December 7, 1999, on Annexation Case #A-96, pertaining to the voluntary annexation of approximately 24 acres of land at the southwest corner of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas, to City of Denton City Council Minutes December 14, 1999 Page 6 approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance. (A-96, Silver Dome at Cooper Creek) The following ordinance was considered: (FIRST READING) AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.89 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED AT THE SOUTHWEST CORNER OF SILVER DOME AND COOPER CREEK IN THE COUNTY OF DENTON, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-96) Young motioned, Burroughs seconded to approve the ordinance on first reading. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 3. Consider approval of an ordinance of the City of Denton, Texas, amending and superceding in its entirety Ordinance No. 99-440 establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified residential development applications prior to adoption of a revised land development code; providing for exemptions. Terry Morgan stated that this ordinance would supercede the ordinance approved last week The following ordinance was considered: 99-473 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING AND SUPERCEDING IN ITS ENTIRETY ORDINANCE NO. 99-440 ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED RESIDENTIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to approve the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried 6-1. The following individuals spoke regarding the item: Paul Spain, 700 Lakeview Blvd. Denton, spoke in opposition Gene Price, 725 Chisolm Trail, Denton, spoke in opposition City of Denton City Council Minutes December 14, 1999 Page 7 The following individuals submitted comment cards: Dallas Paulsen, 9532 E. Riggs Road, Sunlakes, Arizona – support Jonathan Vinson, 1445 Ross Avenue, Suite 3200, Dallas – opposition David Huffines, 8222 Douglas Avenue, #660, Dallas – opposition 4. The Council considered approval of an ordinance of the City of Denton, Texas establishing a moratorium pending the adoption of interim standards for applying policies of the adopted comprehensive plan to certain specified commercial development applications prior to adoption of a revised land development code; providing for exemptions. The following ordinance was considered: 99-474 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS;PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Cochran seconded to approve the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried 5-2. The meeting was adjourned at 1:47 a.m. ____________________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ____________________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS