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Minutes October 24, 20009 2 8 CITY OF DENTON CITY COUNCIL MINUTES October 24, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, October 24, 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. The Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEX. GOVT. CODE Section 551.071. Discussed and considered strategy and settlement proposal with the City's attorneys in litigation styled City of Denton v. Texas Utilities Company, et al., Cause No. 2000-60109-393 currently pending in the 393raDistrict Court of Denton County, and discussed legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct o£the State Bar of Texas. Special Called Session of the City of Denton City Council on Tuesday, October 24, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None PUBLIC HEARINGS The Council held a public hearing regarding the involuntary annexation and service plan for approximately 1,370 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ). (A-IOI: Ryan Road/Country Club Road Annexation) Tract #1: approximately 1,365.5 acres of land located on the southwestern side of the City of Denton's extraterritorial jurisdiction east of U.S. Highway 377, south of Regency Court on each side of Country Club Road, west of Montecito along Ryan Road and mostly north of Brush Creek Road. Tract #2: approximately 3.6 acres of land located on the southwestem side of the City of Denton's extraterritorial jurisdiction west of Montecito, south of E1 Paseo and east of Santa Moniea. Dave Hill, Assistant City Manager for Development Services, presented the details of the annexation for #1. Service plan was noted as in the agenda materials. The Mayor opened the public hearing. City of Denton City Council Minutes October 24, 2000 Page 2 Nelda Hackett requested that her time be given to her father, M.C. Burch. Young motioned to suspend the rules to allow Mr. Burch to have additional time. On roll vote,, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. The following individuals spoke during the public hearing: Charles Hackett, P.O. Box 998, Argyle, 76226 - opposed M. C. Burch, 7034 Country Club Road, Denton, 76210 - opposed Tommy Calvert, 5299 Settlers Creek Road, Denton, 76210 - opposed Dot Thompson, 175 Ryan Road, Denton, 76210 - opposed Fred Smith, 4432 Lois Road, Sanger, 76260 - opposed David Witherspoon, 410 Hamilton Road, Argyle, 76226 - opposed The following individuals submitted Speaker Cards but did not wish to address the Council: Walter Leatherwood, 1188 Hickory Creek Road, Denton, 76210 - opposed Jerry Don Cardwell, 4983 Settlers Creek Road, Denton, 76210 - opposed John Yount, 1220 Brush Creek Road, Argyle, 76226 - opposed The Mayor closed the public hearing. Council Member Burroughs left the meeting. Council Member Young felt that the Council should accept the petition for the residents and have due process. Hill stated that two petitions had been received- one for each involuntary annexation. The speakers indicated that they did not want a formal meeting at the area to be annexed. The petitions were accepted and placed in the staff report. The staff could facilitate a neighborhoodmeeting to help the residents understand the annexation process. Finding a suitable meeting room to hold the number of individuals who would attend such a meeting would be difficult but staff would be willing to help facilitate such a meeting. 2. The Council held a public hearing regarding the involuntary annexation and service plan for 1,711 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction (ETJ). (A-lO2: US 377/I-35W Annexation) 929 ao Tract #1: approximately 504 acres of land located in the southwestern side of the City of Denton's extraterritorial jurisdiction west of U.S. Highway 377, south of Allred and north of Johnson Road. Tract #2: approximately 1032 acres of land located in the southwester side of the City of Denton's extraterritorial jurisdiction east of Interstate Highway 35 West and west of the Kansas City Southern Railway Company, extending south along Bonnie Brae to the west side of U.S. Highway 377 930 City of Deuton City Council Minutes October 24, 2000 Page 3 c. Tract #3: approximately 1.7 acres of land located northeast of the intersection of Corbin and Bonnie Brae d. Tract #4: approximately 173 acres of land located east of U.S. Highway 377 (Fort Worth Drive) and north of Brush Creek Road and west of Country Club. Dave Hill, Assistant City Manager for Development Services, stated that this annexation proposal consisted of four separate mets and bounds tracts. He reviewed the details of the proposed annexation as noted in the agenda materials. A petition had been presented to make the Council aware of the opposition for the annexation but did not request a separate public hearing on the issue. Council Member Burroughs returned to the meeting. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Phil Henderson, 1506 Old Stony Road, Ponder, 76259 - opposed Becky Koonce, 4365 South Bonnie Brae, Denton, 76226 - opposed Steve Chumbley, gave time to Mary McWhorter Mary McWhorter, P.O. Box 75, Argyle, 76226 - opposed Vicki Watson, 2452 Hamilton Road, 76226 o opposed David Saxe, 8023 Bonnie Brae, Denton, 76226 - opposed Patricia Brown, 4300 Johnson Lane, Argyle, 76226 - opposed Betty Farmer, 9475 Hilltop Road, Argyle, 76226 - opposed Lonny McGee, 1200 Brush Creek Road, Argyle, 76226 - opposed Tom Holamon, 3346 S. Bonnie Brae, Denton, 76207 - opposed Richard Smutzer, 7053 Bonnie Brae, Argyle, 76226 - opposed Mont Wilkes, 141 Springfield Lane, Argyle, 76226 - opposed Kevin Wade, 6979 South Bonnie Brae, Argyle, 76226 - opposed Sheila Luster, 4377 South Bonnie Brae, Argyle, 76226 - opposed David Yoder, 940 Brush Creek Road, Argyle, 76226 - opposed Bill Lewis, 900 Brush Creek Road, Argyle, 76226 - opposed Mike Barber, 313 Allred Road, Argyle, 76226 - pposed M.C. Burch, 7034 Country Club Road, Denton, 76210 - opposed Charles Hackett, P.O. Box 998, Argyle, 76226 - opposed Gene Price - opposed Gary Davis, 972 Brush Creek Road, Argyle, 76226 - opposed Terry Houston, 4525 Brush Creek Road, Argyle, 76226 - opposed The Mayor closed the public hearing. The following individuals submitted Speaker Cards who did not wish to address the Council: Andrew Sewell, 3999 Roselawn, Deuton, 76207 - opposed E.J. Dane, 1040 Brush Creek. Road, Argyle, 76226 - opposed Diane Charles, 25 Oak Forrest circle, Denton, 76210 - opposed Betty McMahan, 2384 Hamilton Road, Argyle, 76226 - opposed City of Denton City Council Minutes October 24, 2000 Page 4 931 Trace Moffatt, 6150 Allred Road, Argyle, 76226 - opposed John Willis, 2776 Skivue, Argyle, 76226 - opposed Tom WcWhorter, 2740 Skivue, Argyle, 76226 - opposed Billy Mills, Rt. 7, Box 441MM, Denton, 76208 - opposed Debbie Arnold, 2729 Skivue, Argyle, 76226 - opposed Terry Houston, 4525 S. Bonnie Brae, Argyle, 76226 - opposed Don Logan, 6967 Bonnie Brae, Argyle, 76226 - opposed R. G. St. John, 3821 Bonnie Brae, Argyle, 76226 - opposed Pat Logan, 6967 Bonnie Brae, Argyle, 76226 - opposed W.C. Beck, 2705 Skivue, Argyle, 76226 - opposed Betty Beck, 2705 Skivue, Argyle, 76226 - opposed Kelly Houston, 4525 Bonnie Brae, Argyle, 76226 - opposed Millard Smith, 1996 Huling Road, Sanger, 76266 - opposed Ron and Ann Forsythe, 2777 Skivue, Argyle, 76226 - opposed Rex Baulman, 990 Brash Creek, Argyle, 76226 - opposed Jack Howell, 3198 S. Bonnie Brae, Denton 76207 - opposed ITEMS FOR INDIVIDUAL CONSIDERATION 3. The Council consider adoption of an ordinance to annex an approximately 37.8 acre tract of land located southeast of the comer of Teasley Lane and Hickory Creek Road in the,' extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the: annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance. (A-lO0, Forester TracO Kristoferson motioned, Beasley seconded to adopt the ordinance on first reading. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded unanimously. 4. The Council considered adoption of an ordinance amending Section 26-126.1 of the Denton Code of Ordinances to require that no wastewater tap fee would be required under circumstances where a tap fee was not required prior to the enactment of the tap fee regulations; ratifying previous actions; requiring the property owner to present evidence concerning the circumstances; providing a savings clause and an effective date. The following ordinance was considered: NO. 2000-406 AN ORDINANCE AMENDING SECTION 26-126.1 OF THE DENTON CODE OF ORDINANCES TO REQUIRE THAT NO WASTEWATER TAP FEE WOULD BE REQUIRED UNDER CIRCUMSTANCES WHERE A TAP FEE WAS NOT REQUIRED PRIOR TO THE ENACTMENT OF THE TAP FEE REGULATIONS; RATIFYING PREVIOUS ACTIONS; REQUIRING THE PROPERTY OWNER TO PRESENT EVIDENCE CONCERNING THE CIRCUMSTANCES; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE. 932 City of Denton City Council Minutes October 24, 2000 Page 5 Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. City Attorney Prouty stated that he had misread the amendment and Council needed to vote again on the ordinance. Young motioned, Burroughs seconded to adopt the amended ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 5. The Council considered adoption of an ordinance of the City of Denton, Texas, creating a rule prohibiting the carrying of a concealed handgun in a city building or portion of a city building; making compliance with the rule prohibiting the carrying of a concealed handgun in a city building or portion of a city building, a condition of the use of city buildings; providing for a severability clause; and providing for an effective date. Eva Poole, Director of Libraries, stated that this ordinance would prohibit firearms in City buildings. The following individuals submitted Speaker Cards: Stephen Camp, 2901 Osage Lane, Denton, 76210-opposed-proposed substitute language James W. Owens, 2226 N. Locust, Street, Denton, 76201 -opposed Johnny Guest, 2503 N. Elm, Denton, 76201 - opposed Dwight Crawford, 7997 Rector Road, Sanger - opposed Art Behrens, 500 Northridge, Denton, 76201 - opposed Don White, 2105 Savannah Trail, Denton, 76205 - opposed Dwight Archer, 2631 Collins Road, Denton, - opposed David Hall, 3418 Hummingbird, Denton, 76209 - opposed The following individuals spoke on the issue: Gary Picou, 2505 Shiloh Road, Denton, 76201 - opposed Lonny McGee, 1200 Brush Creek Road, Argyle, 76226 - opposed William Scott, 524 Aspen Drive, Denton, 76209 - opposed Elspeth Crawford, 7997 Rector Road, Sanger, 76266 - opposed Kenny Mason, 524 Aspen, Denton, 76209 - opposed Benjamin Hall, 3418 Hummingbird, Denton, 76209 - opposed Matthew Strauss, 621 Schmitz Street, Apt. 2, Denton, 76201 - opposed Lloyd Hensley, 2204 Emerson, Denton, 76209 - opposed Bill Knight, 3028 Broken Bow, Denton, 76201 - opposed Jeryl Golden, 3029 Brandywine, Denton, 76209 - opposed Floyd Hensley, 106 N. Locust Street, Denton, 76201 - opposed Mike and Barbara Maner, 3 Highview Court, Denton, 76205 - opposed Tim Wilkerson, 1433 Pickwick Lane, Denton, 76209 - opposed Ray Meckel, Rt. 3, Box 231, Aubrey, 76227 - opposed Hal Vinson, 4314 Harvest Hill Road, Carrollton, 75010 - opposed Cindy and Randy Oliver, 1315 Margie, Denton 76201 - opposed City of Denton City Council Minutes October 24, 2000 Page 6 Claudia Galloway, 1812 Emery Street, Denton, 76201 - opposed Mildred and L. T. Hensley, 912 Skylark, Denton, 76205 - opposed Randell Galloway, 1812 Emery, Denton, 76201 - opposed John Latta, 1200 Bellemead, Denton, 76201 -opposed Cochran motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "nay!', Burroughs "nay", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "nay", and Mayor Brock "aye". Motion failed with a 3-4 vote. Young motioned, Beasley seconded to adopt the ordinance with compromise language. After Council discussion, Young withdrew his motion and Beasley withdrew her second. Following the completion of the Special Called Session, the Council convened into a Work Session in the City Council Work Session Room. Item//7 was considered. 7. The Council received a report regarding redistricting for 2001. Alan Bojorquez and Karen Brophy presented an update on redistricting and the process involved. Consensus of the Council was to begin developing a contract for Council consideration. 1. The Council was to have received a report, held a discussion, and given staff direction regarding signage. This item was not considered. 2. The Council received a report, held a discussion, and gave staff direction regarding a request from the City of Kmm to release approximately 7 acres, from the city's extraterritorial jurisdiction generally located south of FM 1173 and east of Masch Branch Road. (SI-13, Krum Release of ETJ) Dave Hilt, Assistant City Manager for Development Services, stated that a residential development was proposed on and adjacent to the subject site. The majority of the development was within Krum's city limits or extraterritorial jurisdiction. A portion of the proposed development was in Denton's extraterritorial jurisdiction. Krum requested that the City relinquish the subject area to them. Staff was recommending that the City enter into negotiations with Kmm to draft an interlocal agreement regarding the proposed property and future limits of annexations. David Polley, Mayor of Krum, spoke in favor of the proposal. Vaughn Andrus, 206 Radecke Road, Krum, 76249, spoke in favor of the proposal. Consensus of the Council was to proceed with the staff recommendation for a draft interlocal agreement with Krmn at the same time working with Khan on the release of the ETJ. 933 ,934 City of Denton City Council Minutes October 24, 2000 Page 7 3. The Council received a report and gave staff direction regarding a request from the City of Sanger to release approximately 670 acres, from the city's division II extraterritorial jurisdiction generally located west of FM 2164 and north of Nicholson Road. (SI-19, Sanger Release of ET J) Dave Hill, Assistant City Manager for Development Services, stated that Sanger was working on bringing a large retirement community to Sanger. The majority of the proposed development was within Sanger's city limits or extraterritorial jurisdiction. A portion of the development was in the Denton's division II ETJ. Sanger had requested that Denton relinquish the subject area to them. Staff was recommending that the City enter into negotiations with Sanger to draft an interlocal agreement regarding the proposed property and future limits of annexations. It was felt that the property should not be released at this point in time. Consensus of the Council was to proceed with the staff's recommendation. Item #8 was considered. 8. The Council received a report, held a discussion and gave staff direction regarding conveying real property to Denton Housing Authority for affordable housing. (SI-00-05) Denton Housing Authority, 713 Wilson Street & 104 E. Prairie Street) 715 Wilson Street. The 0.54+ acre property was located at the southwest comer of Alexander and Wilson Street. 1043 E. Prairie Street. The combined 0.76+ acre parcels were located north of Prairie Street, west of the Phoenix Apartments and south of the Pec-4 drainage channel. Doug Powell, Director of Planning and Development, stated the Denton Housing Authority had requested to acquire these parcels of land to develop affordable housing. The parcel on Wilson Street would be developed as townhouses and the parcels on Prairie Street were proposed to serve as open space in conjunction with the redevelopment of the Phoenix apartments. Consensus of the Council was to proceed with the conveyance. 4. The Council viewed a video introduction to City Council Meetings and provided staff direction on how to proceed. Staff presented a video that would be used as a lead-in for Council meetings. Consensus of the Council was to proceed using the video as the lead-in for the meetings. 5. The Council was to have received a presentation concerning Stormwater Phase II regulations as they relate to the City of Denton and its operations. This item was not considered. 6. The Council was to have received a presentation concerning the United States Army Corps of Engineers' recent Environmental Assessment for Lake Lewisville and related lawsuits. City of Denton City Council Minutes October 24, 2000 Page 8 This item was not considered. With no further business, the meting was adjourned at 1:20 a.m. 935 EULINE BROCK, MAYOR CITY OF DENTON, TEXAS If,~¥FF~[ WALTERS TY SECRETARY CITY OF DENTON, TEXAS