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Minutes March 30, 1999 CITY OF DENTON CITY COUNCIL MINUTES March 30, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, March 30, 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. The Council convened into a Special Called Meeting on Tuesday, March 30, 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 proposed annexation of a 52.49 acre tract located on the south side of Ryan Road, 150 east of Forestridge Drive. Mark Donaldson, Assistant Director for Planning, stated that this was a voluntary annexation request. Associated with the annexation petition was a request for residential zoning. A preliminary plat had been approved by the Planning and Zoning Commission. As a result of the development, improvements would be made to Ryan Road and a portion of a collector road on the southern border of the property would be constructed. One issue discussed at the last public hearing was the ownership of the property to the east of the southern boundary. There would be a gap in the collector road as a result of development of both of those properties. Mayor Pro Tem Beasley asked if the City could purchase the property and be responsible for development of that portion of the road if development was wanted in the near future. Donaldson stated that that would be one option available. The City could work with the developers to include development of the collector road and either fund the project with City funds to do the construction with the improvements that they would have to make or treat the project as an independent project as a CIP project. City of Denton City Council Minutes March 30, 1999 Page 2 The Mayor opened the public hearing. Tommy Calvert stated that he was in opposition to the annexation of this property. He owned the adjoining property to the south of the proposed development. This was the second development that would adjoin him and he had not received any notification regarding potential development. The Mayor closed the public hearing. th Mayor Miller stated that this item would return to Council on April 20 for a first reading of the annexation ordinance. 2. 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 was the second reading of this annexation. A public hearing notice had been published in the paper regarding the proposed annexation and a service plan had been provided. April 20th was the first reading of the th annexation ordinance with the second reading scheduled for May 25. A supermajority vote was required for each reading of the annexation ordinance. The major purpose behind the initiation of the public hearing for annexation was the formation of a water district that was formed in the southern portion of Tract Three through an annexation process of the City’s ETJ. Six major reasons were listed in the agenda materials as to why this annexation was desired. There was a definite plan to provide services. Within 60 days of final approval of the annexation, fire/EMS, police, street maintenance, and solid waste would be provided. State law required the beginning of construction of water/wastewater improvements within 2 years and must be completed within 4 ½ years from the effective date of annexation. This was essentially a contract for services that had to be complied with. The Mayor opened the public hearing. No one spoke in favor of the annexation. Millard Smith stated that he was trustee of some of the property in Tract Three. He felt it was not fair that the individuals in the area did not have a voice in the annexation process. He felt the solution was that the City should take in the portion of the property that was going to be developed rather than the entire area. He had heard that some of the roads in the area might be closed and that was a concern for him. Peggy Bassham stated that the City was concerned about the water district below her property and the ramifications of that district. If services were not going to be provided she questioned why the City would want to proceed with the annexation. Trace Moffit stated that he was in strong opposition to the annexation and did not see the necessity of annexing the entire Tract Three area. He felt just the lower half could be annexed instead of the entire tract. City of Denton City Council Minutes March 30, 1999 Page 3 Patricia Brown stated that the annexation to the Huffines property could be done contiguously and not have to annex their property. She was concerned about the way the drainage would take place. She did not see any benefit from their property being in the city limits. She also had a concern about fire and police protection. The lift stations for City service were five to six miles out. Currently they were serviced by Argyle and she felt those services could be provided with a much faster response time. These properties were too far removed to be serviced adequately by the City of Denton. Mike Barber stated that the complaint was with the Water District and not with the property owners. He felt it was senseless to take that portion of the area and should only take the property that was scheduled for development. David Saxe stated that there were 8-10 families that would be affected by this annexation. It did not make economic sense for water and sewer services to be developed at this point in time. He requested that the City remove the north half of that tract and would help the residents. The Mayor closed the public hearing. Mayor Miller stated that this item would be presented to the Planning and Zoning Commission th meeting on April 14th and to the Council on April 20 . Several Council Members requested staff to look into the possibility of limiting the amount of property to be annexed. Following the completion of the Special Called Meeting, the Council convened into a Work Session in the Council Chambers at City Hall. 1. The Council received a report, held a discussion and gave staff direction regarding a proposed Denton Fire Department Five Year Strategic Plan. Ross Chadwick, Fire Chief, presented an overview of the five year strategic plan as presented in the agenda materials. Consensus of Council was to proceed with presentation of the entire Strategic Plan as presented. 2. The Council received a report, held a discussion and gave staff direction concerning the Supplemental Agreement from the Corps of Engineers to the cities of Denton and Dallas for operation and maintenance of the Greenbelt. Howard Martin, Assistant City Manager for Utilities, stated that this would add the greenbelt as an additional recreational facility for the Corps of Engineers. The Corps, Denton and Dallas would meet within the next two weeks to finalize the supplemental lease agreement. Once both City Councils had approved the supplemental agreement, the Corps would execute it. Consensus of the Council was to proceed with finalization of the contract. City of Denton City Council Minutes March 30, 1999 Page 4 3. The Council received a report, held a discussion and gave staff direction concerning the proposed Agreement between the cities of Denton and Dallas and the Texas Parks and Wildlife Department (“TPWD”) for the TPWD to operate and maintain the Greenbelt. Howard Martin, Assistant City Manager for Utilities, stated that this would be a supplemental agreement with Texas Parks and Wildlife Department to operate and maintain the Greenbelt. In exchange for the TPWD operating and maintaining the Greenbelt for the cities at no cost, the cities agreed to lease the Greenbelt at no cost to the TPWD. Consensus of the Council was to proceed with the agreement. 4. The Council received a report, held a discussion and gave staff direction concerning the approval of a contract between the City of Denton and the University of North Texas to conduct the activities of the EMPACT Grant (Environmental Monitoring for Public Access and Community Tracking). Howard Martin, Assistant City Manager for Utilities, stated that this grant would be in conjunction with the University of North Texas to collect real time and time relevant environmental data that would be used to inform the citizens of Denton of current and forecasted environmental conditions. Consensus of the Council was to proceed with the finalization of the contracts. 5. The Council received a report, held a discussion and gave staff direction regarding Infrastructure Sections of the Draft Comprehensive Plan. Dave Hill, Director of Planning and Development, stated that this review session would be devoted to the Infrastructure Chapters on transportation, water, wastewater, stormwater drainage, solid waste and electric utilities. The intent of the Council review of the draft was to prepare the plan for public review. Council would not be asked to deliberate on the plan until public comments were available. Revisions would be made as per Council direction and other improvements would be implemented as additional chapters of the plan were available. Jerry Clark, City Engineer, presented goals and strategies associated with changing and managing travel demand and travel behavior; land use and transportation; use of streets; level of service; parking, transit; pedestrians and bicycles; moving goods and services; municipal airport; intelligent transportation systems; and transportation financing. Detailed information concerning these goals and strategies were located in the agenda back-up materials. Howard Martin, Assistant City Manager for Utilities, presented goals and strategies for water supply; water treatment; water storage; water distribution; and water conservation and reuse. He also presented goals and strategies for wastewater reuse; surface and groundwater protection; and an environmental impact model as indicated in the agenda materials. In the area of stormwater drainage, goals and strategies for floodplain protection, floodplain retrofit; water quality; and continuing protection were presented. Solid waste goals and strategies included areas of community enhancement; environmental protection; and waste recovery and reuse. Martin also presented goals and strategies for provision of electric utilities, environmental sensitivity; and City of Denton City Council Minutes March 30, 1999 Page 5 development and maintenance. Goals and strategies for all of these sections were included in the agenda materials. 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