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Minutes April 25, 2000CITY OF DENTON CITY COUNCIL MINUTES April 25, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, April 25, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. Closed Meeting: A. Deliberations Regarding Real Property --- Under TEX. GOV’T. CODE Section 551.072. (1) Received information from Staff, discussed, deliberated, considered, and provided Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton Municipal Utilities Department of two (2) tracts of real property; the first being an approximate 3.976 acre tract situated within the proposed North Pointe Addition to the City of Denton; and the second tract being an approximate 0.4221 acre tract situated adjacent to the proposed North Pointe Addition to the City of Denton; both tracts being situated within the T. Toby Survey, Abstract No. 1288, in Denton County, Texas; which acquisition is for a public purpose; and which two (2) tracts of real property are located off of Riney Road, near the High School Elevated Storage Tank. (2) Received information from Staff, discussed, deliberated, considered, and provided Staff with advice and direction pertaining to the location of, the purchase price of, the possible terms of purchase of, negotiating issues, and valuation issues respecting the possible acquisition by the City of Denton Municipal Utilities Department of a certain approximate 20 acre tract of real property that is part of a 30.191 acre tract of real property, commonly known as Lot 2, Block A, Sandlin Addition, an addition to the City of Denton, Denton County, Texas according to the Conveyance Plat recorded at Cabinet O, Slide 132 of the Plat Records of Denton County, Texas; and which tract is located North of Joyce Lane; which acquisition is for a public purpose. Special Called Session of the City of Denton City Council on April 25, 2000 at 6:00 p.m. in the Work Session Room at City Hall. 1. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Bonds, Series 2000, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that the bids were for utility system revenue bonds in the amount of $55,395,000. The bonds would be used to fund system City of Denton City Council Minutes April 25, 2000 Page 2 improvements and upgrades including the acquisition of land, to make a deposit to the reserve fund and to pay the cost of issuance associated with the sale of the bonds. David Medanich, First Southwest Company, stated that the City had maintained its bond rating at A1 and A+. He felt that was very favorable for the City given the current market. The following ordinance was considered: NO. 2000-153 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 2000, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance. 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 adoption of an ordinance with respect to proposed amendments to bond ordinances and approving and providing an effective date. Ted Brizzolara, McCall, Parkhurst and Horton, stated that this ordinance would amend all outstanding utility revenue ordinances. It did not affect any general obligation or certificates of obligations bond ordinances. The City would be able to sell a portion of the utility system that was determined to be non-essential to the system. A second amendment would allow the City to maintain some records of the utility system as confidential and not subject to the Open Records Act. The third amendment would allow for competition within the City. The following ordinance was considered: NO. 2000-154 AN ORDINANCE WITH RESPECT TO PROPOSED AMENDMENTS TO BOND ORDINANCES AND APPROVING AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Following the completion of the Special Called Session, the Council convened into a Work Session. 1. The Council received a presentation from Diversified Utility Consultants, Inc. regarding Electric Utility Rate Design. Dan Lawton, Diversified Utility Consultants, Inc., presented information regarding concepts and issues related to rate design in terms of traditional cost of service allocations. This was the first City of Denton City Council Minutes April 25, 2000 Page 3 of several educational programs to be presented to Council in order to help evaluate and make decisions regarding electric rates in a deregulated market. 2. The Council received a report, held a discussion, and gave staff direction regarding a group counseling program for couples to be presented by the Police Department’s Family Services Coordinator. nd Gary Matheson, Police Chief, stated that at the February 22 Council meeting, this program was presented to Council and at the time the plans for the proposal were discussed. During that meeting, several concerns were raised regarding the program. He reviewed the concerns and the proposed solutions as noted in the agenda materials. Council Member Cochran expressed continued concerns regarding liability of the City with such a program and the screening process used to enroll individuals in the program. Herb Prouty, City Attorney, stated that the program was more risky than other governmental functions. If the function was considered governmental, the liability of the city was capped. If the function was considered proprietary, there was no cap for city liability. Council Member Durrance suggested receiving additional information and clarification regarding the liability issue. He liked the multiple disciplined approach to the proposal. He was concerned that the program should have a broad based approach and wanted to know how the program would address that concern. Mayor Pro Tem Beasley stated that she was pleased to see that the Friends of the Family would be more involved with the program. She questioned what was currently being done with these types of situations. Richard Godoy, Family Services Coordinator, stated that he currently dealt with some of these couples on an informal individual basis and not in a group session. Mayor Pro Tem Beasley also expressed a concern regarding the liability issue. Mayor Miller felt that the program was trying to work on the prevention aspect of the issue. He felt this was a perfect setting for this program. He felt the program should be implemented. Council Member Burroughs expressed support for the program. Council Member Young expressed a desire for a safeguard to prevent individuals from being pressured to participate in the program. City Manager Jez expressed a concern on which direction to follow. He felt that at the last meeting Council had given direction to implement the program and would follow up with more specific information on several of the Council’s concerns. He needed further clarification from the Council on how to proceed with the program. Council Member Young felt that more information was needed regarding the liability issues. City of Denton City Council Minutes April 25, 2000 Page 4 City Manager Jez suggested that Chief Matheson and Mr. Godoy be directed to begin to take the steps to implement the program with the City Attorney addressing the final liability issues in his status report. If there were no significant problems, the program would continue and if there were significant problems, the program would be stopped. Chief Matheson stated that the intent was to not fully implement the program until September. Consensus of the Council was to proceed as stated by City Manager Jez. 3. The Council received a report, held a discussion, and gave staff direction regarding the Dunkin Sims Stoffels’ contract for the joint Lake Ray Roberts Growth Management Plan proposed by the Cities of Denton and Dallas. Julie Smith, Environmental Compliance Manager, stated that this contract would produce the necessary information to develop a successful Growth Management Plan for Lake Ray Roberts. The study included extensive data collection and analysis of existing information such as topography, vegetation analysis, utility facilities and easements. She reviewed the goals of the plan as noted in the agenda materials and the scope of services that the consultant would provide. Consensus of the Council was to proceed with the proposal. 4. The Council received a report, held a discussion, and gave staff direction regarding the use of Public Improvement Districts. Ed Hodney, Director of Parks and Recreation, presented an update on the concept of public th improvement districts based on Council comments received at a work session on January 11. He reviewed the concerns expressed and the results of the research on those concerns. Staff felt that public improvement districts were a viable financing mechanism for a wide range of public improvements and were considered attractive to many developers. It was felt that further research was needed to determine the appropriate role of the City in regards to policy or regulatory options. Staff was recommending that research continue into the appropriate use of public improvements districts and that the Development Code Committee’s recommendations related to development requirements be incorporated into a public improvement district policy and ordinance. Consensus of Council was to continue with the research as proposed by staff. 5. The Council received a report, held a discussion, and gave staff direction regarding the adoption of a new master plan for North Lakes Park. Ed Hodney, Director of Parks and Recreation, stated that staff was requesting endorsement of the proposed master plan for the North Lakes Park. The proposed update of the master plan incorporated the existing facilities and laid plans for future developments in an orderly manner that was consistent with Denton’s growth, neighborhood compatibility and the citizens’ desires for new recreational facilities. Consensus of the Council was to proceed with the staff proposal. City of Denton City Council Minutes April 25, 2000 Page 5 6. The Council received a report, held a discussion, and gave staff direction regarding the adoption of a Parks, Recreation and Open Space Plan, with a Pedestrian and Bicycle Mobility Element. Ed Hodney, Director of Parks and Recreation, presented the details of the draft master plan that would guide the provision of new parks, recreation facilities and open space. Also included in the plan was the development of a mobility plan that would recommend routes for pedestrian and bicycle paths plus recommendations for recreational and pathway improvements. The plan would qualify for City matching grant funds from the Texas Recreational and Parks Fund, administered by the Texas Parks and Wildlife Department. Consensus of the Council was to proceed with the proposal as presented. 7. The Council received a report, held a discussion, and gave staff direction regarding possible amendments to the Interim Residential and Nonresidential Ordinances, including consideration of a draft schedule prepared to allow for review and adoption of site design and environmental standards recently released by the Code Committee. Doug Powell, Director of Planning and Development, stated that three short-term issues had been identified. If changes were desired by Council, staff would prepare draft revisions, followed by Planning and Zoning Commission public hearing and recommendations, Council public hearing and adoption. The three issues included small development (5 acre) exemption, building permits and exemptions for additions. Consensus of Council was to proceed with the change for small development exemptions as noted in the agenda materials. Council debated the pros and cons of the issue of whether to make building permits subject to the provisions of the ordinance. Consensus of Council was to proceed with the change for building permits as noted in the agenda materials. Consensus of the Council was to proceed with the change for the exemptions for additions as noted in the agenda materials. Powell stated that there were two broad-based issues with regard to the interim ordinance. Those issues were tract size density inequities and discretionary project plan review as detailed in the agenda materials. Staff was recommending that the Code Rewrite Scope of Work be followed as approved by Council by moving forward to adopt the site design and environmental standards as a set of overlay regulations to operate in conjunction with existing regulations. Consensus of the Council was to proceed with the process as recommended by staff. 8. The Council received a report, held a discussion, and gave staff direction concerning cable television rates for Charter Communications. City of Denton City Council Minutes April 25, 2000 Page 6 John Cabrales, Public Information Officer, reviewed the information regarding the City’s ability to regulate cable television rates for basic cable service, equipment, changing tiers, and the hourly service charge. He reviewed the current, proposed and recommended rates proposed by the consultant. Staff was recommending that a resolution be drafted approving rates as determined by C2 Consulting. Consensus of the Council was to accept the Consultant’s recommendations and proceed with drafting an ordinance based on C2’s recommendations. 9. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 10:00 p.m. ____________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS