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Minutes October 09, 2001CITY OF DENTON CITY COUNCIL MINUTES October 9, 2001 PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips and Redmon. ABSENT: None 1. The Council considered adoption of an ordinance on first reading to involuntarily annex approximately 32 acres of land generally located along Masch Branch Road, south of Hampton Road and north of Highway 380, in the extraterritorial jurisdiction (ETJ) of the City of Denton. (A01-0004) Doug Powell, Director of Planning and Development, stated that this was the first reading of the annexation ordinance. The service plan was included for Council consideration. The following individual spoke on the issue: Lurlene Mayo, 3913 Hampton Road, Denton, 76207 - favor A comment card was presented from Erle Mayo, 3913 Hampton Road, Denton, 76207 in favor of the annexation. The following ordinance was considered: First Reading AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 31.53 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ALONG MASCH BRANCH ROAD, SOUTH OF HAMPTON ROAD NORTH OF HIGHWAY 380 IN THE S. HUIZAR SURVEY, ABSTRACT NO. 514 AND W. BRYAN SURVEY, ABSTRACT NO. 148, DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A01-0004) Beasley motioned, Phillips seconded to approve the annexation ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. 2. The Council considered adoption of an ordinance on first reading to voluntarily annex approximately 2,226 acres of land generally located south of FM 2449, west of Interstate Highway 35W, north of Robson Ranch Road and partially east of the Robson Ranch Development and John Paine Road in the City of Denton Extraterritorial Jurisdiction. (A01- 0005) Doug Powell, Director of Planning and Development, stated that the Hunter Ranch property started as an involuntary annexation. The property that was not owned by Petrus Investment that was in the original involuntary annexation was not included in the current voluntary annexation. The following ordinance was considered: City of Denton City Council Minutes October 9, 2001 Page 2 First Reading AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 2,194 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF FM 2449, WEST OF I-35 WEST, NORTH OF ROBSON RANCH ROAD AND PARTIALLY EAST OF THE ROBSON RANCH DEVELOPMENT AND JOHN PAINE ROAD E. PIZANO SURVEY, ABSTRACT NO. 994, THE G. PETTINGALE SURVEY, ABSTRACT NUMBER 1041, THE J. TAFT SURVEY ABSTRACT NUMBER 1269, THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 159, THE S. PRITCHETT SURVEY, ABSTRACT NO. 1021, THE G. WEST SURVEY ABSTRACT NUMBER 1393, THE J. DALTON SURVEY, ABSTRACT NUMBER 353 AND THE S. PRITCHETT SURVEY, ABSTRACT NO. 1004, AND THE I. BYERLY SURVEY, ABSTRACT NUMBER 1458; AND THE J. DALTON SURVEY, ABSTRACT NUMBER 353; AND ALSO BEING A PART OF A TRACT OF LAND CONVEYED TO PETRUS INVESTMENT, L.L. BY DEED AS RECORDED BY COUNTY CLERK’S FILE NUMBER 99- 0117450, TRACTS 1 & III, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT OF LAND CONVEYED TO GELIA ESTES COLEMAN BY DEED AS RECORDED BY COUNTY CLERK’S FILE NUMBER 00-00000473, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Burroughs seconded to approve the annexation ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. SPECIAL CALLED PUBLIC HEARINGS 3. The Council held the second of two public hearings to consider the voluntary annexation and service plan for approximately 2.67 acres of land generally located north of Crawford Road, east of Interstate Highway 35W and west of John Paine Road, in the City of Denton Extraterritorial Jurisdiction. (A01-0006) Doug Powell, Director of Planning and Development, stated that this parcel was part of a larger parcel, most of which was already in the City limits. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was needed on this item. 4. The Council held the second of two public hearings to consider the involuntary annexation and service plan for approximately 300 acres of land generally located north of City of Denton City Council Minutes October 9, 2001 Page 3 Lively Road, south of FM 2449 and west of C. Wolfe Road, in the City of Denton Extraterritorial Jurisdiction. (A01-0007) Doug Powell, Director of Planning and Development, stated that this property was controlled by Robson Ranch. Robson stated that the property was not to be developed at this point in time. Staff was requesting direction as to whether to continue with the annexation. Council Member McNeill stated that he was not in favor of continuing with the annexation as long as the gas fields were not going to be developed. He suggested an agreement in lieu of annexation. Ed Snyder, Deputy City Attorney, stated that it might be difficult to get an agreement due to the condition of why the City was proposing the annexation. Staff was able to obtain prior agreements because the property would be developed sometime in the future. This property was outside the development proposal for Robson Ranch. Council Member McNeill recommended to discontinue the annexation procedure at this point in time until the start of development and to pursue an agreement in lieu of annexation. Council Member Burroughs suggested continuing with the annexation process until there was an agreement worked out with the Robson developers. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Consensus of the Council was to continue with the annexation while working on an agreement in lieu of annexation. 5. The Council held the second of two public hearings to consider the involuntary annexation and service plan for approximately 882 acres of land generally located south of Jim Christal Road and west of C. Wolfe Road, in the City of Denton Extraterritorial Jurisdiction. (A01-0008) Doug Powell, Director of Planning and Development, stated that staff and the developer were continuing to work on a letter of agreement in lieu of annexation. The Mayor opened the public hearing. The following individual spoke during the public hearing. Richard Traynor, 1445 Ross Avenue, Dallas, 75204 - favor The Mayor closed the public hearing. There was no action required by Council at this time. City of Denton City Council Minutes October 9, 2001 Page 4 6. The Council held the second of two public hearings to consider the involuntary annexation and service plan for approximately 104 acres generally north of Jim Christal Road, south of University and west of Masch Branch Road, in the City of Denton Extraterritorial Jurisdiction. (A01-0009) Doug Powell, Director of Planning and Development, stated that there were homeowners included in this proposed annexation who were opposed to the annexation. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Linda Cole, 6376 Jim Christal Road, Denton, 76207 – opposed Larry Manning, 3104 Deerfield, Denton, 76204 - opposed Mark Cole, 6376 Jim Christal Road, Denton, 76207 – opposed The Mayor closed the public hearing. There was no action required by the Council on this item. Following the completion of the Special Called Session, the Council convened into a Work Session in the Work Session Room at City Hall. 1. The Council received a report, held a discussion, and gave staff direction regarding recommendations from the Web Site Task Force. Kiersten Dieterle, Public Information Manager, stated that due to constant changes in technology and multiple requests for enhancements and additions to the City of Denton’s web site from both internal and external users, staff from Technology Services and Public information began a review of the web site in the fall of 2000. She reviewed the history of the development of the task force as noted in the agenda materials. Robb Bertelsen, Co-Chair of the Web Site Task Force, presented the recommendations of the committee. Recommendations of the committee were centered on three specific charges of thematic appearance, ease of use, and transaction services. Details of the recommendations were included in the agenda materials. Some of the issues and recommendations of the task force were to review/revise the City’s linking policy, ensure Section 508 compliance, create and implement an oversight committee, add items of value, restructure the web site and set priorities. Consensus of the Council was to accept the report and begin implementation as possible with those recommendations with a work session to discuss the policy of linking with the City’s web site. 2. The Council received a report and held a discussion regarding the voluntary P-L-U-S One Program (Prevent Loss of Utility Service). This program assisted in the payment of utilities for citizens in emergency situations. City of Denton City Council Minutes October 9, 2001 Page 5 Susan Croff, Utilities, Manager-Customer Service, presented the details of the P-L-U-S One program. The program allowed citizens to voluntarily donate funds to support others in the community that need assistance to maintain utilities services. Mayor Brock asked for suggestions to increase donations to the fund. Mayor Pro Tem Beasley suggested increasing publicity of the program such as on the web site. Council Member Phillips suggested promoting the program to new customers as they sign up for service. 3. The Council received a report, held a discussion and gave staff direction regarding proposed amendments to Subchapter 34, "Subdivision and Land Development Regulations" and Chapter 35 "Zoning Ordinance", of the Code of Ordinances of the City of Denton, Texas, relating to gas well development. (SI01-0011) Doug Powell, Director of Planning and Development, stated that revision of these regulations were necessary due to recent natural gas well development in the City. Current regulations are not suitable to address this type of development. The Zoning Ordinance, Subdivision Regulations and fee schedule would need to be amended. Changes would allow drilling by right in agriculture and industrial districts and drilling would be allowed by a specific use permit in districts other than agriculture and industrial; and to deviate from the standards. Outstanding issues included insurance requirements and a road repair agreement. Council Member Burroughs stated that he understood that as long as issues such as insurance and safety needs were addressed that mineral production could take place anywhere and city could not regulate. Dottie Palumbo, Assistant City Attorney, stated that there was prior case law indicating that the city could regulate production within the city limits. Council Member Fulton stated that there were many federal regulations already in place and felt that the Planning and Zoning Commission should complete their recommendations and submit an ordinance for council consideration. Palumbo stated that staff had included requirements that were not covered by the federal regulations relative to safety regulations. Powell stated that the ordinance did not exempt governmental entities from complying with the regulations. Council could write that exemption into the ordinance if Council desired. Mayor Pro Tem Beasley felt that the city should comply with the development regulations but was not sure on the zoning regulations. Consensus of the Council was to encourage the Planning and Zoning Commission to continue to work on the development of an ordinance for Council consideration. 4. The Council received a report, held a discussion and gave staff direction regarding potential annexation of AGF Ranch Southwest. The site was proposed for the development of a City of Denton City Council Minutes October 9, 2001 Page 6 natural gas field and is approximately 200 acres generally located south of T. N. Skiles Rd. in the western section of the City of Denton Extraterritorial Jurisdiction (ETJ). Doug Powell, Director of Planning and Development, stated it was a requirement of the Subdivision Regulations to present proposed development in the extraterritorial jurisdiction to the Council to consider annexation. The site was not contiguous to the city of Denton and could not be annexed until adjoining property to the city was annexed. Mayor Pro Tem Beasley was in favor of not annexing the property at this point in time as it was not in an urbanized area and not adjacent to the city. Consensus of Council was to not annex at this point in time. 5. The Council received a report, held a discussion, and gave staff direction regarding an economic development grant program agreement for the Denton Crossing, a retail and commercial project located on Loop 288, approximately one-quarter mile east of IH-35E. Dave Hill, Assistant City Manager for Development Services, stated that the site was a 52 acre site proposed for retail development. Staff had been working with the developer regarding transportation and utility improvements needed for the site with significant attention paid to Loop 288 widening from two to six lanes. A Chapter 380 agreement had been proposed by the developer to allow reimbursement of grant assistance based on a portion of the sales tax generated directly by the Denton Crossing project. The developer would be responsible for funding all improvements up front with approximately 1/3 of the sales tax revenue generated by Denton Crossing to be used to reimburse the $8 million requested over a period of approximately 15-20 years. Currently the City imposed a 1 ½% local sales tax option and in the case of Denton Crossing, ½% would be used for property tax reduction, ½% would be revenue accrued to the city’s General Fund, and ½% would be used to reimburse Denton Crossing Partners, L.P. Hill asked that before he went any further staff needed to know if Council was in favor of the proposal. Council Members Fulton and Redmon were both in favor of the proposal. Council Member Burroughs questioned if there was a way to have an assurance that the high quality levels of anticipated development would be fulfilled. Hill felt that discussion could happen with the developer to identify the quality development standards that would be necessary to attract high quality businesses to the development. Mayor Brock stressed bringing in new businesses that were not already in Denton so as to not compete with current businesses. Mayor Pro Tem Beasley felt that a time limit should be set on how long the sale tax would be reimbursed, what costs would be covered and publicity on the specifics on the project for the general public. Hill stated that staff could investigate unprogrammed improvements to Spence Road in the amount of $2.2 million and the Brinker Ramp relocation. City of Denton City Council Minutes October 9, 2001 Page 7 Consensus of the Council was to proceed with negotiations on the agreement, work towards continued road improvements and ramp improvement with the development of the proposal and to consider an ending point in the term of the proposal. 6. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Phillips asked for information relative to the City’s emergency plans if the city had a terrorist threat or incident. B. Council Member Redmon asked for a discussion on how to make the Community Development Office more people friendly. Following the completion of the Work Session, the Council convened into a Special Called Session in the Work Session Room at City Hall. 1. The Council considered approval of a resolution of the City of Denton, Texas authorizing the City Manager to negotiate an economic development grant agreement under applicable law, including Chapter 380 of the Local Government Code with Denton Crossing Partners, L.P. for a retail and commercial project located on Loop 288 approximately one quarter mile east of I-35 in the City of Denton; and providing for an effective date. The following resolution was considered: NO. R2001-061 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN ECONOMIC DEVELOPMENT GRANT AGREEMENT UNDER APPLICABLE LAW, INCLUDING CHAPTER 380 OF THE LOCAL GOVERNMENT CODE WITH DENTON CROSSING PARTNERS, L.P. FOR A RETAIL AND COMMERCIAL PROJECT LOCATED ON LOOP 288 APPROXIMATELY ONE QUARTER MILE EAST OF I-35 IN THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Fulton motioned, Beasley seconded to approve the resolution. Council Member Burroughs suggested removing the wording” term not to exceed 15 years” and replace with wording “within a specified term”. Fulton and Beasley accepted that amendment. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. 2. The Council considered approval of a resolution by the City Council of the City of Denton requesting that the Texas Municipal League support legislation that would allow an optional sales tax increase to fund rapid transit. City of Denton City Council Minutes October 9, 2001 Page 8 The following resolution was considered: NO. R2001-062 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE SUPPORT LEGISLATION THAT WILL ALLOW AN OPTIONAL SALES TAX INCREASE TO FUND RAPID TRANSIT; AND PROVIDING FOR AN EFFECTIVE DATE. Mark motioned, McNeill seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 9:30 p.m. ___________________________ EULINE BROCK, MAYOR CITY OF DENTON, TEXAS _________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS