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Minutes May 23, 2000CITY OF DENTON CITY COUNCIL MINUTES May 23, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, May 23, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086.** Deliberations Concerning Real Property --- Under TEX. GOV’T. CODE Section 551.072. (1) Received information from Staff, discussed, deliberated, considered, and provided Staff with direction respecting 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. B. 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) Received information from Staff respecting competitive electric certification and regulatory issues in pending proceedings, and issues relating to Denton Municipal Electric (“DME”) regulatory strategy; discussed, deliberated, considered, and provided Staff with direction on such issues. 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. C. Deliberations Regarding Real Property – Under TEX. GOV’T. CODE Section 551.072. (1) Considered real property acquisition including real property value for U.S. Highway 77 (North Elm Street) from U.S. Highway 380 (University Drive) northward to Interstate Highway 35, in the City of Denton, Texas. City of Denton City Council Minutes May 23, 2000 Page 2 Work Session of the City of Denton City Council on May 23, 2000 at 6:00 p.m. in the Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council received a presentation from Diversified Utility Consultants, Inc. regarding Electric Utility Rate Design. Dan Lawton, Diversified Utility Consultants, Inc., reviewed the details of the rate design study as presented in the agenda materials. Items to consider when designing a utility rate included determining how the City would charge for the services, what the competitors were charging, and what the residential customers were like. 2. The Council received a report, held a discussion, and gave staff direction regarding the third in a series of reports prepared in response to the Teasley Lane Corridor Traffic Study. (The first two Council discussions held regarding this topic took place on February 8, 2000 and April 11, 2000.) Danny Cummings, C & P Engineering, reviewed the revised information from the study as noted in the agenda materials. Suggestions included permanent count stations along the Teasley Lane corridor and cost estimates for the various sections of right-of-way acquisition. Jerry Clark, Director of Engineering and Transportation, reviewed the details of the meeting staff had with the property owners and developers within the Teasley Lane Corridor Traffic Study Area. He narrated a video showing traffic congestion in various locations of the City. Dave Hill, Assistant City Manager for Development Services, reviewed proposed conclusions to the issues relative to the impacts of new development on the Teasley Lane Corridor. Those conclusions included the development of a funding strategy to expedite the widening of Teasley Lane from two to six lanes; the development of a funding strategy to ensure that roadways feeding into Teasley Lane were of adequate capacity to handle projected travel demand; preparing an amendment to the Denton Mobility Plan-Roadway Component that would propose adding a collector street connection to State School Road from Ranchman Street; considering an adequate public facilities ordinance to establish transportation concurrency principles that would better match roadway capacity to travel demand plus evaluating other measures such as transportation impact fees as possible impact mitigation options; installing permanent traffic counters at strategic locations throughout the Teasley Study Area to allow constant monitoring and measurement of traffic volumes; implementing two phases of levels of service standards – one for use during an interim period when roadway improvements had not reached the point of full mobility plan capacity and an acceptable standard of level of service D once the full Mobility Plan capacity was reached; and evaluating the central location of community activity centers within the Teasley Lane area. Herb Prouty, City Attorney, reviewed the vested rights statutes and how they would apply to an adequate public facilities ordinance. City of Denton City Council Minutes May 23, 2000 Page 3 Consensus of the Council was to have the Legal Department continue to explore the legal options in the area of vested rights as they applied to an adequate public facilities ordinance. 3. The Council received a report, held a discussion, and gave staff direction regarding the proposed “Arena Site” located west of Sherman Dr. approximately 3,600’ north of Loop 288. Dave Hill, Assistant City Manager for Development Services, stated that at the first public hearing on this annexation, the developers had requested that the annexation be delayed and that they have an opportunity to discuss their development proposal in detail at a work session meeting. Don Hill, representing the project, reviewed the basics of the proposal. The site would include a conference center, single-family homes, golf course, horse arena and hotel. Additional comments on the proposal were made by members of the development team. Council discussed the various aspects of a County Development District as it dealt with the proposal plus a possible amendment of the Denton Comprehensive Plan. Consensus of the Council was to proceed with additional input regarding the legal aspects of the proposal and return for Council consideration. 4. The Council received a report, held a discussion, and gave staff direction regarding the proposed preparation and enactment of a Site Design Standards and Environmental Standards Overlay Ordinance. John Fregonese presented the details of the site design standards and environmental protection and management standards that were proposed to replace the Interim Ordinances. The intention was to adopt the Site Design and Environmental Protection and Management Standards as a set of overlay regulations to operate in conjunction with existing regulations. The site design and environmentally sensitive area standards, combined with adequate public facilities requirements, would replace the interim ordinance currently in effect. Issues to consider were property owner notification, applicability, process and procedure, and matching codes to relate to current zoning districts. Council discussed the various aspects of the standards including landscape and tree canopy standards, single family design standards, and multi-family design standards, 5. The Council received a report, held a discussion, and gave staff direction regarding proposed development of mineral rights located on the Denton Municipal Airport. Mark Nelson, Airport Director, stated that Mitchell Energy Corporation had located a formation of natural gas and believed that this formation was present under the southwestern part of Denton County. They had requested that the City consider entering into an agreement to sell the natural gas rights to Mitchell Energy. Preliminary research indicated that this would not violate any local zoning restrictions, however, the drilling equipment might be a flight safety hazard for approximately two weeks. Once that was completed, there would be no height restrictions at the Airport. Mitchell Energy would be required to drill one well every 18 months until all five of the proposed wells were drilled. Mitchell Energy had offered a one-time payment of $50 per acre City of Denton City Council Minutes May 23, 2000 Page 4 for the right to develop Airport mineral rights to be paid at the time each well was drilled. The City would receive three-sixteenths of the royalties on the production of the wells. Over the 20- year life of the wells, the City could see revenues between $1 million and $1.6 million. If it was determined that it would be profitable for the overall operations of the Airport and City, staff would begin formal negotiations on a long-term agreement. Consensus of the Council was to continue research to explore safety issues for the Airport and cost alternatives. 6. The Council received a report, held a discussion, and gave staff direction concerning the placement of a 200-foot buoy protection barrier for the City of Denton’s raw water intake located on Lake Lewisville. Julie Smith, Environmental Compliance Manager, stated that the City had arranged with both the Texas Natural Resources Conservation Commission and the U.S. Army Corps of Engineers to enforce a 200-foot barrier around the City’s intake at Lake Lewisville. Because of unusually low lake levels, this barrier would effectively close the cove to boat traffic. Consensus of the Council was to proceed with the project. 7. The Council considered appointments to City Council committees. Consensus of the Council was to look at the entire structure of the Council committees including the enabling legislation for the committees, the number of members for each committee, etc. The item would be placed on the next work session agenda for consideration. 8. The Council received a report, held a discussion, and gave staff direction regarding a paperless agenda. This item was not considered. 9. The Council received a report and held a discussion on the relocation of the County Line Road Bridge to Fred Moore Park. Howard Martin, Assistant City Manager for Utilities, stated that the County was not going to close the road early as was stated per Jim Carter at Commissioners Court. A new bridge was going to be installed in approximately 2001. Issues with residents along County Line Road and the inconvenience that the extended road closure would cause were cited as the reasons that the County would not be able to close the road early. One question was the suitability of this bridge in the park. While there was consensus that there was a need for a bridge, there were some comments from residents in the area that the proposed bridge would look out of place at the Fred Moore Park location. The Parks Department had programmed $250,000 for Trails and Linkages in the CIP for 2001, with part of those funds allocated for a path in Fred Moore Park. If desired, some of the funds could be allocated for a new pedestrian bridge at Fred Moore Park. Mayor Pro Tem Beasley suggested a neighborhood meeting to discuss what type of bridge area residents would like in the park. City of Denton City Council Minutes May 23, 2000 Page 5 Martin stated that the Parks Department would assist in finding a more suitable location for the County Line Bridge if a new bridge option was selected. Council felt there was a need for a bridge in the area as soon as possible and a historic bridge might be a problem at this time. Council asked staff to investigate the possibility of using CIP funds for a new pedestrian bridge at Fred Moore Park. 10. The Council received a report, held a discussion, and gave staff direction concerning a sales tax exemption sought by the Robson Development that would exempt state tax on all tangible property used to construct the Robson wastewater treatment plant. Howard Martin, Assistant City Manager for Utilities, stated that Robson was asking the City to execute an Infrastructure Sales Tax Agreement in order to achieve the sales tax exemption on plant equipment. Robson would agree to indemnify the City against all liabilities associated with the City facilitating the sales tax exemption by acceptance of the purchased equipment prior to installation and operation. It was the opinion of staff that the proposed sales tax exemption proposed by Robson was lawful and represented an agreement that could be recommended with minimal risk to the City if revised in form to include the comments provided in Exhibit II as included in the agenda materials and subject to the Council’s consideration of all other relevant political, administrative and/or fiscal issues. Consensus of the Council was to proceed with the proposal. Following the completion of the Work Session, the Council convened into a Special Called Session. 1. The Council held the second of two public hearings to consider the proposed involuntary annexation of approximately 250 acres generally located west of Sherman Dr. approximately 3,600’ north of Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of the annexation would be Agricultural (A). (A-99, Sherman Road Arena Site) Doug Powell, Director of Planning and Development, stated that this was the second public hearing on this issue. Staff recommended to proceed with the public hearing and the annexation. The Mayor opened the public hearing. The following individuals submitted Speaker Cards: Robert Goodman, 1042 Bobcat, Sanger, 76266 – opposed. Kay Williams Goodman, 1042 Bobcat, Sanger, 76266 – opposed The Mayor closed the public hearing. Consensus of the Council was to proceed with the annexation. 2. The Council considered a motion to authorize the holding of a City Council meeting outside of City Hall. City of Denton City Council Minutes May 23, 2000 Page 6 Beasley motioned, Burroughs seconded to authorize the holding of a City Council meeting outside of City Hall for a joint meeting with the Denton ISD. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 12:20 p.m. ____________________________ EULINE BROCK, MAYOR CITY OF DENTON, TEXAS _________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS