Loading...
Minutes March 29, 1999 CITY OF DENTON CITY COUNCIL MINUTES March 29, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Monday, March 29, 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. Closed Meeting: A. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071. Discussed and consulted with the City’s attorney, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No. 1A and Denton County Fresh Water Supply District No. 5, Cause No. 99-40158- nd 362, filed in the 362 District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Special Called Meeting of the City of Denton City Council on Monday, March 29, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council held a public hearing regarding the involuntary annexation and service plan for 3,102 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction. Dave Hill, Director of Planning and Development, stated that this public hearing was to receive comments from individuals regarding an involuntary annexation and service plan for 3.102 acres of land located in the southwestern section of the City’s extraterritorial jurisdiction. The requirements for annexation were exact according to the Texas Local Government Code. Public notification was limited to publication of a legal notice – a full-page ad with mets and bounds for the properties in the three tracts. Other requirements for state law included the annexation petition, the annexation service analysis, the annexation service plan, and the annexation schedule. The schedule included two public hearings at the Council level; final action would thths take place on May 25. Annexations required a 4/5 vote by Council in order to be adopted. The intent of the ordinance would be to annex the properties with an agricultural zoning district classification of one dwelling unit per acre. If the property owners wanted to develop the property after the initial zoning designation, they would have to come before Council. There were several reasons for the proposed annexation including (1) the Fresh Waster Supply District No. 5 had annexed a portion of Denton’s ETJ near Tract 3. The creation of a fresh water district was not necessarily negative but in this care, the indication was that having an ETJ by state law City of Denton City Council Minutes March 29, 1999 Page 2 should provide some measure of approval authority over the formation of these types of districts. (2) There was a need to make sure service was coordinated and as the City had a CCN in these areas it had an exclusive right to provide water and wastewater to these tracts; (3) Hickory Creek water shed ran through this area and was the area for raw water intact for the City of Denton; (4) districts that conformed also had the authority to pay for improvements needed in the district; (5) fresh water supply districts and MUD’s had been known to fail in Texas and was a concern for the future operation of the area. The recommendation from staff was to proceed with the annexation process. The Mayor opened the public hearing. No one spoke in favor. David Saxe stated that he did not have any interest in coming into the City. Services were not being provided. He questioned when they would be receiving services from the City as opposed to outside development. Peggy Bassham stated she did not want her farm property annexed into the City limits. She felt the city was taking advantage of them and they did not want the extra taxes. Patricia Brown stated this would take a pocket of farmers into the city and would not provide the city with any great taxes. There were no services that the city would provide that she would want. Kathleen Norris stated that her property was not involved in the annexation but wanted to know what future plans there might be for her property. Hill stated that the Growth Management Strategy indicated those areas would be structured for high density development. If the city did not provide the services, someone else in the future would. The Mayor closed the public hearing. Mayor Miller stated that the schedule would proceed as presented. Council Member Cochran stated that he would be interested in how much of the land in Tract Three was not slated for development. 2. The Council considered approval of a resolution of the City Council of the City of Denton, Texas supporting House Hill 3237 defining entitlements to school districts for students in average daily attendance in special education programs and special instructional arrangements for students with disabilities as a part of the school funding formula; and providing an effective date. The following resolution was considered: City of Denton City Council Minutes March 29, 1999 Page 3 NO. R99-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING HOUSE HILL 3237 DEFINING ENTITLEMENTS TO SCHOOL DISTRICTS FOR STUDENTS IN AVERAGE DAILY ATTENDANCE IN SPECIAL EDUCATION PROGRAMS AND SPECIAL INSTRUCTIONAL ARRANGEMENTS FOR STUDENTS WITH DISABILITIES AS A PART OF THE SCHOOL FUNDING FORMULA; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 3. The Council considered approval of a resolution of the City Council of the City of Denton, Texas supporting Senate Bill 594 relating to State assistance for certain school district instructional facilities project, Senate Bill 595 relating to the State funding for school district debt service, and Senate Bill 596 relating to an additional foundation school program allotment for schools that open or expand instructional facilities; and providing an effective date. The following resolution was considered: NO. R99-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING SENATE BILL 594 RELATING TO STATE ASSISTANCE FOR CERTAIN SCHOOL DISTRICT INSTRUCTIONAL FACILITIES PROJECT, SENATE BILL 595 RELATING TO THE STATE FUNDING FOR SCHOOL DISTRICT DEBT SERVICE, AND SENATE BILL 596 RELATING TO AN ADDITIONAL FOUNDATION SCHOOL PROGRAM ALLOTMENT FOR SCHOOLS THAT OPEN OR EXPAND INSTRUCTIONAL FACILITIES; AND PROVIDING AN EFFECTIVE DATE Kristoferson motioned, Beasley seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 4. The Council considered approval of a resolution of the City Council of the City of Denton, Texas supporting Senate Bill 1634 amending the Texas Education Code to provide a development fee for public school facilities; and providing an effective date. The following resolution was considered: NO. R99-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING SENATE BILL 1634 AMENDING THE TEXAS EDUCATION CODE TO PROVIDE A DEVELOPMENT FEE FOR PUBLIC SCHOOL FACILITIES; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes March 29, 1999 Page 4 Kristoferson motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 5. The Council considered adoption of an ordinance amending Ordinance No. 99-057 ordering an election to be held on May 1, 1999, for the purposes of submitting to the registered voters of Denton, Texas amendments to the Denton City Charter; by amending Amendment No. 2 and Amendment No. 5 to add some additional statutory references; by amending Amendment No. 23 to expand the number of Public Utilities Board members and to make it subject to the Open Meetings Act; to amend Amendment No. 25 to add additional wording; to amend Proposition Nos. 2 and 4 to correct statutory and section references; to amend proposition Nos. 5 and 7 to eliminate redundant and unnecessary phrases; to amend Proposition Nos. 8 and 14 to change word references; to amend Proposition No. 11 to divide it into three separate propositions and to renumber the remaining propositions accordingly; providing a severability clause; providing a savings clause; providing an Open Meetings clause; and providing an effective date. The following ordinance was considered: NO. 99-100 AN ORDINANCE AMENDING ORDINANCE NO. 99-057 ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999, FOR THE PURPOSES OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER; BY AMENDING AMENDMENT NO. 2 AND AMENDMENT NO. 5 TO ADD SOME ADDITIONAL STATUTORY REFERENCES; BY AMENDING AMENDMENT NO. 23 TO EXPAND THE NUMBER OF PUBLIC UTILITIES BOARD MEMBERS AND TO MAKE IT SUBJECT TO THE OPEN MEETINGS ACT; TO AMEND AMENDMENT NO. 25 TO ADD ADDITIONAL WORDING; TO AMEND PROPOSITION NOS. 2 AND 4 TO CORRECT STATUTORY AND SECTION REFERENCES; TO AMEND PROPOSITION NOS. 5 AND 7 TO ELIMINATE REDUNDANT AND UNNECESSARY PHRASES; TO AMEND PROPOSITION NOS. 8 AND 14 TO CHANGE WORD REFERENCES; TO AMEND PROPOSITION NO. 11 TO DIVIDE IT INTO THREE SEPARATE PROPOSITIONS AND TO RENUMBER THE REMAINING PROPOSITIONS ACCORDINGLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; 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”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 6. The Council considered approval of a resolution supporting the passage of House Bill 2648 filed by Representative Madden which will clarify the consent requirements that apply when land within the corporate limits or extraterritorial jurisdiction of a city is included within the boundaries of a water district; authorizing the Mayor to send a letter to public officials in support of this legislation; and providing an effective date. City of Denton City Council Minutes March 29, 1999 Page 5 The following resolution was considered: NO. R99-013 A RESOLUTION SUPPORTING THE PASSAGE OF HOUSE BILL 2648 FILED BY REPRESENTATIVE MADDEN WHICH WILL CLARIFY THE CONSENT REQUIREMENTS THAT APPLY WHEN LAND WITHIN THE CORPORATE LIMITS OR EXTRATERRITORIAL JURISDICTION OF A CITY IS INCLUDED WITHIN THE BOUNDARIES OF A WATER DISTRICT; AUTHORIZING THE MAYOR TO SEND A LETTER TO PUBLIC OFFICIALS IN SUPPORT OF THIS LEGISLATION; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to approve the resolution. 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 Meeting, the Council convened into a Work Session to discuss the following: 1. The Council received a report, held a discussion, and gave staff direction regarding implementation of the proposed land conveyance program. Barbara Ross, Community Development Administrator, stated that this program was brought to Council in September. The program would allow the City to take vacant abandoned propety and convey it at no cost or little cost to non-profit organizations. This was a request to talk with the County and DISD about the program. Final approval would take place after those discussions. Council Member Young felt this was not a good program as indivdiuals who might want to purchase the property would not be able to do so. Council Member Burroughs suggested to target properties that were abandoned and not able to sell the first time. A provision might be that if a neighbor wanted to request a private sale which was already allowed under the law, he could petition the City for a resale at a reduced amount and also ask the County and DISD to allow him to purchase the property. Consensus of the Council was to proceed with the proposal and include an option to have a private sale for individuals before envoking HB 110. Staff would talk with DISD and County regarding options for an income cap for indidiviuals to participate and a development schedule to avoid land speculation. 2. The Council received a report, held a discussion, and gave staff direction regarding the economic development program. Linda Ratliff, Director of Economic Development, presented the follow up on a Council request for information regarding economic development. She reviewed the options as included in the agenda materials. City of Denton City Council Minutes March 29, 1999 Page 6 Council Member Cochran suggested preparing a chart comparing the various types of chamber and city participations. It could include advantages for partnership rather than a city only effort and items a city office might not be able to do. Council Member Durrance expressed an interest about an innovative approach that the city could take in this area. Such an approach might include moving towards how to best utilize the City’s assets such as the two universities and how to take advantage of those assets. Council Member Cochran felt that the program was designed with the philosophy of desperation and that was not the current economic climate. He would prefer a program that would strenthen the core of the community with the best services that could be provided. He would like to provide a program that more individual citizens could benefit from. The perception was that the current program was geared to benefiting a select few in the community. He would like to see something innovative or not done at all. There was also a need to have local executives participate in the program. Mayor Miller felt the joint program was good and would like to see it continued. Council Member Young agreed that the current program was working well and should continue. Mayor Pro Tem Beasley saw a positive trend in the city and chamber programs. Everyone should be conveying how great Denton was and the positive attitude in the community. Council Member Kristoferson suggested surveying what were the businesses in Denton and what were people leaving to go to other jobs outside the city. She felt there was a need to look at a home based business. With no further business, the meeting was adjourned at 8:25 p.m. _________________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS