June 23, 2015 MinutesCITY OF DENTON CITY COUNCIL MINUTES
June 23, 2015
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 23, 2015 at 2:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Watts, Council Member Hawkins, Council Member Briggs, and Mayor Pro
Tern Gregory.
ABSENT: Council Member Roden, Council Member Johnson, and Council Member Wazny.
1. Work Session Reports
A. ID 15 -494 Receive a report, hold a discussion, and give staff direction regarding the outcome
of the 84th Texas Legislative Session and future legislative issues and strategies.
Brandon Aghamalian, Focused Advocacy, presented a legislative update for Council. He
reviewed the volume of bills that were filed and the total bills passed. About 1900 of the bills
that were introduced were city- related bills and about 220 of those were passed. He presented
information on the beginning of the session which involved new statewide officials, GOP
majorities in both Chambers, lots of turnover in the Legislature, a reduction of standing
committees in the Senate, and the replacement of the 2/3 rule with a 3/5 rule. The Comptroller
announced $113 billion in revenue for 2016 -17.
Council discussed the budget information presented in terms of spending amounts and funds that
received or did not receive funding.
Transportation funding — the November 2015 election may produce a new revenue stream from
sales tax and motor vehicle sales tax vote. There was no solution for new road construction but
the funding should help TxDOT with maintenance.
Tax relief - the various bills that affected tax relief were reviewed. Those included a school
homestead exemption and a cut in the franchise tax rate. SB 1760 required a majority vote to
adopt a property tax rate exceeding the effective rate. The big bills that did not pass were
reviewed.
Snapper Carr, Focus Advocacy, reviewed the municipal issues. He presented the municipal bills
that did not pass and those that did pass. Of particular note was HB 40 which dealt with oil and
gas regulation.
Curt Seidlits, Focus Advocacy, reviewed SB 776 in terms of TMPA.
Carr reviewed information on elections, city contracting, vendor relationships, financial
reporting, open meetings, open records, politics and campaigning. He noted that currently there
was no special session expected. He reviewed the topics that might be considered in the next
session.
B. ID 15 -508 Receive a report, hold a discussion, and give staff direction about possible ways
that the City can support or assist in a potential residential development near Ryan Road and
Teasley Lane.
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June 23, 2015
Page 2
Aimee Bissett, Director of Economic Development, stated that this was a proposed development
on Ryan Road which currently was outside the city limits. The developer was interested in
bringing it into Denton and would involve the development of higher end homes. There were a
variety of constraints on the property including an existing gas well on the site. The flood plain
and ESA area divided the property into two pieces, significant road improvements would be
required and there was no wastewater service to the property.
As the property was currently located in the ETJ there was no requirement to preserve the trees.
If located in the city limits, half of the ESA and all of the trees would be preserved. A piece of
the property through the middle of the tract was very heavily treed and was the kind of property
the City would like to preserve. Because the property was not in the city limits, there was the
potential that a property owner would cut the trees down. A future park area could provide
connectivity from Ryan Road to Lake Forest Park with provided benefits to the parks.
Council Member Gregory asked if the park dedication came into play if the property were in the
city limits.
Bissett stated that the developer would be required to develop .6 acres of the 26 acres. The ESA
had 11 acres.
City Attorney Burgess stated that the property had a non - annexation agreement and if
development occurred, the property was subject to annexation.
Bissett stated that at some point, the developer would need to make a decision on whether to
keep the property in contract. Options for Council to consider included providing infrastructure
assistance, whether the property had value to the parks, the value for tree presentation and a
determination of an economic value. Staff was looking for direction from Council on whether
there was any interest in the property for park land and the use of the tree fund for acquiring the
treed portion of the property. Staff was also looking for direction if there was interest in
assisting the developer with options for public infrastructure.
Council Member Hawkins questioned how the City assisting would help the developer.
Bissett replied by buying the entire tract with trees as that portion of the property made it too
costly for homes.
Council Member Gregory stated that he would like to have a Closed Session on the cost of the
land in the flood plain, etc. and was not comfortable giving direction to staff at this time.
City Attorney Burgess suggested specifically posting this item at a next meeting.
Council Member Briggs stated that she was not in favor of staff direction at this meeting.
Mayor Watts felt that he could give direction from his perspective. The price on the flood plain
land was $40 per acre and purchasing that property would deplete the tree fund. However, the
land was so expensive there was no way to land bank based on purchase price. The developer
needed the City to subsidize the park property to make the project work and he could not agree to
that. Much of the property was in the flood plain which was an issue. The City would be
City of Denton City Council Minutes
June 23, 2015
Page 3
spending $2 million to achieve a goal for only 60 homes and that was not viable. The property
would not be used as park land except for a trail. The City was being asked to subsidize a
project that was not economically viable for the developer and was not usable for anyone else.
Council Member Briggs agreed with the Mayor.
Mayor Watts stated that half of the Council was absent. He was clear on his direction but it could
be brought before the entire Council to consider.
Consensus of the Council was to postpone the item to another meeting.
Council Member Briggs asked about the gas well on the property
Bob Shelton stated that there was a vertical well on the property. There was no more drilling
anticipated and he was trying to buy the well to get it removed from the property.
Council Member Hawkins asked if putting in the infrastructure would benefit any neighboring
development.
Shelton stated that the drainage affected the north side directly and that all of the drainage would
have to be accommodated.
C. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a
proposal to place the matter on the agenda for an upcoming meeting AND Under Section
551.0415 of the Texas Open Meetings Act, provide reports about items of community
interest regarding which no action will be taken, to include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary or
salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a
social, ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an announcement involving
an imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
Council Member Briggs requested an update on the tree ordinance and amendments.
Mayor Watts asked about exploring the possibility of a festival that incorporated the diversity in
Denton and to include two universities in the discussion.
Following the completion of the Special Called Work Session, the City Council convened in a
Closed Meeting at 3:54 p.m. to consider the specific items listed below under the Closed
Meeting section of this agenda.
1. Closed Meeting:
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June 23, 2015
Page 4
A. ID 15 -498 Consultation with Attorneys - Under Texas Government Code, Section 551.071;
Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072.
Receive information from staff pertaining to the acquisition of real property interests related
to the proposed expansion and reconstruction of Locust Substation generally located
southeast of Fort Worth Drive & West Collins Street, in the City of Denton, Denton County,
Texas. Consultation with the City's attorneys regarding legal issues associated with the
potential acquisition and /or condemnation of parcels of real property near the aforementioned
location and more particularly described as: Lot 1, Block A of Garcia Addition, an addition
to the City of Denton, Denton County, Texas, according to the plat thereof recorded in
document No. 2009 -168 of the plat records of Denton, County, Texas. [Locust Substation]
B. ID 15 -499 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction relating
to the site selected for the DME Hickory Substation and the acquisition of real property
interests. Consultation with the City's attorneys regarding legal issues associated with the
acquisition or condemnation of the real property interests in the 100 block of N. Bonnie Brae
St., Denton, TX where a public discussion of these legal matters would conflict with the duty
of the City's attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City's legal position in any administrative proceeding or potential litigation. [Hickory
Substation]
The Council returned to Open Session at 4:45 p.m. and with no further business, the meeting was
adjourned.
CHRIS WATTS
TS
MAYOR
CITY OF DENTON, TEXAS
JE " IF ':1 AL`l E S
CI S l `CI NARY
CITY OF DENTON, TEXAS