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Minutes June 25, 1996447 CITY OF DENTON CITY COUNCIL MINUTES June 25, 1996 The Council convened into a Closed Meeting on Tuesday, June 25, 1996 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; CounCil Members Beasley, Cott, Krueger, and Young. ABSENT: Council Member Biles The Council considered the following in a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered acceptance of a possible assignment on behalf of a 4B non-profit economic development corporation to be formed by the City from Bill Methenitis, Trustee; the possible lease of the assignedpropertyand discussion regarding terms of the lease relative to the Texas Instruments Addition, Lot 1, Block 1. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Considered acceptance of a possible assignment on behalf of a 4B non-profit economic development corporation to be formed by the City from' Bill Methenitis, Trustee; the possible lease of the assignedpropsrtyand discussion regarding terms of the lease relative to the Texas Instruments Addition, Lot 1, Block 1. Co Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, June 25., 1996 at 7:00 p.m. in the City Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Me, hers Beasley, Cott, Krueger, and Young. ABSENT: Council Member Biles 1. The Council received a report, held a discussion and gave staff direction with regard to the following annexation studies: 96.85 acre tract located north of Mingo Road and west of Cooper Creek Road. 29.115 acre tract located north of Blagg Road and east of Ge.sling Road. 29.046 acre tract located north of Hickory Hill Road and east of FM 1830. 110 acre tract located on the southeast corner of FM156 and US Highway 380. Harry Persuad, Senior Planner, stated that the Subdivision Regulations required that staff prepare annexation studies when certain d~velopment~ were proposed in the City's extraterritorial jurisdiction. Also if a land owner applied to the City for 448 City of Denton City Council Minutes June 25, 1996 Page 2 annexation, the regulations required that the staff prepare the same annexation study and bring those findings to Council for determination on whether or not to proceed with annexation. 96.85 acre tract located north of Mingo Road and west of Cooper Creek Road. Persuad stated that this case involved 96 acres located north of Mingo Road and west of Cooper Creek Road. The entire tract owned by EDS was approximately 240 acres. Part of that tract was located in the City limits. The other area was outside the City limits and EDS was proposing to annex that tract into the City for possible future development. The Cooper Creek United Methodist Church would also be brought into the City limits. There were existing water lines and sewer lines in the area with a proposal in the future for a major wast.water line along Loop 288 and Mingo Road. Factors in favor of the annexation included the facts that EDS had requested annexation, that the location was in close proximity to the built up areas of Denton, public safety response time was reasonable and water and wast.water services were in close proximity. Factors against the annexation included that the tract might not develop in the short term while the City would have to maintain the roads at approximately $4-7000 per year. Staff was recommending to proceed with this annexation. council Member Young asked what EDS planned to build on the site. Persuad stated that EDS was proposing a mixed use development to include residential and commercial type uses. Council Member Young asked how the neighbors felt about the proposed annexation. Persuad stated that the first step was to find out whether this was something the City should do. After that, public hearings would be held for public input. Council Member Young asked about the First United Methodist Church. Persuad replied that staff would inform the Church of the possible annexation if Council decided it wanted to proceed with the annexation. They could participate in the public hearing. If there was a problem and if Council felt, at a later point, that the Church should not be included, it could be excluded at a later date. The annexation would not harm the church as they Were non- exempt in terms of City taxes. Consensus of the Council was to proceed with this annexation and go on to the next step including the church area. 29.115 acre tract located north of Blagg Road and east of Geesling Road. City of Denton City Council Minutes June 25, 1996 Page 3 449 Persuad stated that this was a 29 acre tract located north of Blagg Road and east of Ge.sling Road. The developers of this tract had received a final plat approval for seven single family lots on the site. At the time of final plat approval, they also received a variance on the paving and sidewalk requirements on Blagg Road. Two lots currently had homes built on them. Blagg Road was currently maintainedbythe County. The proposed annexation was to not include Blagg Road. Factors in favor of the annexation included the facts that there was no immediate cost to the City, the County maintained Blagg Road, the estimated tax benefit was $2,03§ per year, the tract was part of a large donut hole and public safety response time was reasonable. Factors against the proposed annexation included the facts that water and wast.water lines were 6,000 feet and 5,500 feet from site and ultimate repaying Blagg Road could be costly. Council Member Krueger stated that staff had indicated the possibility that Blagg Road might cost the City money but Blagg Road was maintained by the County. Persuad stated that in the short term there would be no ~mmediate- cost to the City. In the future Blagg Road might have to be repaved to City standards. If that area were annexed into the City, the city would have the responsibility for maintenance of the road. Council Member Young asked about water and sewer in the area. Persuad replied that the homes would have to provide their own water and'septic tanks. Council Member Young asked about police and fire protection. Persuad replied that police services were available within 7.5 minutes and fire within 8 minutes. The staff recommendation was to annex the area but to not annex Blagg Road. Consensus of the Council was to proceed with the next step of annexation. 29.046 acre tract located north of Hickory Hill Road and east of FM 1830. Persuad stated that staff was not recommending annexation for this area. The site was isolated from the built up areas of the City, public safety response time would be high, the site was not contiguous to the City limits, there would be hi~her costs to provide city services to the area and the water and wast.water lines were far from the site. Consideration of this annexation was due to the development in the area per City regulations. Consensus of the Council was to not consider annexation. 450 city of Denton City Council Minutes June 25, 1996 Page 4 De 110 acre tract located on the southeast corner of FM 156 and US Highway 380. Persuad stated that this was a 110 acre tract located on the southeast corner of FM156 and US Highway 380. The proposal was for a single family large lot subdivision. A major concern of staff was the commercial development along US Highway 380 which was a major entrance into the City. If the area was not in the City limits and development took place in the area, the City could not regulate development in terms of landscaping and building development. Factors in favor of the annexation included the facts that the City could regulate development along the entranceway and it was easier to annex one large tract before development. Factors against annexation of the tract included the facts that it was isolated from the City's built up area, public safety response time was high, higher costs to provide city services to the area, and water and wastewater lines were far from the site. Staff was not recommending annexation at this time. Consensus of the Council was to not proceed with this annexation. 2. The Council held a discussion regarding the nomination process for the City's Boards and Commissions. Mayor Miller stated that Council Member Biles had requested this item be placed on agenda but he was not at the meeting due to an illness. council Member Krueger asked that the item be delayed for one week or considered during the Council's planning session at the end of the week. Krueger motioned, Young seconded to postpone the agenda item until the Planning Session or until the next meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Following the completion of the Work Session, the Council convened into a Special Call Session to consider the following: 1. The Council oonsidered adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a fee simple interest in 1.822 acres of land located in the Gideon Walker Survey, A-1330, owned by James L. Brockie; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute a condemnation proceeding for the public purpose of acquiring such property for the expansion of the City's landfill. Bob Nelson, Executive Director for Utilities, stated that this was a 1.82 acre tract of property located on southeast corner of the proposed new landfill. This tract was necessary to provide a City of Denton City Council Minutes June 25, 1996 Page 5 451 drainage pond for the runoff water from the area. The City had been in negotiations with Mr. Brockie and was not able to reach an agreement at this point in time. The following ordinance was considered: NO. 96-143 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN 1.822 ACRES OF LAND LOCATED IN THE GIDEON WA~XERSURVEY, A-1330, OWNED BY JAMES L. BROCKIE; AUTHORIZING THE CITY MANAGEROR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF ACQUIRING SUCH PROPERTY FOR THE EXPANSION OF THE CITY'S LANDFILL; AND DECLARING AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 2. The Council considered approval of a resolution recommending the creation of a County Development District by Denton County pursuant to Chapter 312, Texas Tax Code relating to approximately 285.67 acres with the Texas Instruments Addition, Lot 1, Block I of the City of Denton for the purpose of promoting economic development. Betty McKean, Executive Director for Economic Development and Municipal Services, stated that this item was on Council's agenda at the request of the County Commissioner's Court in support of a county development district. This item was also on the agenda for the DISD and who was considering a similar resolution. This resolution came as a result of a request and a petition by Texas Instruments to the Commissioner's Court asking them to .create a county development district. If approved at a public hearing held by the Commissioners in July, the Commissioners would appoint five directors. The following resolution was considered: NO. R96-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS RECOMMENDING THE CREATION OF A COUNTY DEVELOPMENT DISTRICT BY DENTON COUNTY PURSUANT TO CHAPTER 312, TEXAS TAX CODE RELATING TO APPROXIMATELY 285.67 ACRES WITH THE TEXAS INSTRUMENTS ADDITION, LOT 1, BLOCK i OF THE CITY OF DENTON FORTHE PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 452 City of Denton City Council Minutes June 25, 1996 Page 6 Young motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried with a 5-1 vote. 3. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Krueger stated that because of the nature of Council's future discussions on the boards and commissions, he suggested postponing this item until the next meeting. He was not prepared to vote, either for or against, the nominations made at this point in time. Krueger motioned, Young seconded to postpone the item until next Tuesday. Mayor Miller stated that under the Council procedures, Council could vote on the nominations which were made at the last meeting. The earliest the nominations made at the July 2nd meeting would be July 9th. That would cause the process to be very late. Council Member Krueger felt that he was not prepared to make any further nominations until after the discussion on the process. Mayor Pro Tem Brock asked if the people already nominated would be in question. Was the purpose of the delay to keep them from being approved. Council Member Krueger stated no, not on his part. Mayor Pro Tem Brock asked why the Council could not vote on the people who were nominated last week. Council Member Krueger ~anted to look at each individual board/commission before voting on nominations. He wanted to do the whole process at one time rather than in pieces. Mayor Pro Tem Brock stated that if the purpose of the discussion was to add more members to some boards, any change would be to expand rather than contract those boards/commissions. Council Member Krueger stated that if a board had nine members, Council might want to reduce that board to seven members rather than go to 14 members. Council Member Beasley had a problem as she had nominated individuals and when the issue first came up, it was stated that the Council would follow a time line but discuss the process at the planning session. She had already started contacting her appointees. Last week, when she was prepared to make her nominations, the process which had been decided on at a previous meeting, was changed. She felt an obligation to the people she nominated that they would be on those committees. City of Denton City Council Minutes June 25, 1996 ~?~!i~ ...... Page 7 453 Council Member Cott felt that there was a basic feeling on Council that there was an inequity on the type of board certain Council Members have nominations for. Mayor Miller recalled a conversation that Council could make the nominations and appointments now and then if the size of the boards were increased, make interim appointments. He suggested that Council vote on those individuals nominated but make no further nominations until the next process. council Member Krueger withdrew motion. The Council voted on the nominations made at the last meeting. Airport Advisory Board - Terry Garland and Jim Risser. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Building Code Board - Steve Kniatt, Mary McCain, and Ken Dobias. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Cable Television Advisory Board - Mark Burroughs. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Co~unity Development Advisory Committee - Peggy Fox, Jean Ellen Rogers and Ann Hatch. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Downtown Advisory Board - Joy Williams and Bette Sherman. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Human Services Committee - Carol Brantley. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Keep Denton Beautiful Board - Gayla Robles and Vera Laney. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Library Board - Kjell Johansen. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Parks and Recreation Board - Annie Burroughs. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 454 City of Denton City Council Minutes June 25, 1996 Page 8 Planning and Zoning Commission - Ellen Schertz. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Plumbing and Mechanical Code Board - Millard Heath and Lee Capps. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Public Utilities Board - Bill Giese. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Sign Board of Appeals - Mike Wiebe. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Traffic Safety Commission - Greg Sawko. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Civil Service Commission - Dennis Stephens. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Denton Housing AuthoritY - Tony Soto and Bob Crouch. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye"~ and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 8:20 p.m. WA ,T .RS Y SECRETARY Y OF DENTON, TEXAS ACCOO31E