CITY OF DENTON CITY COUNCIL MINUTES
January 19, 2010

After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 19, 2010 at 10:30 a.m. in the Council Work Session Room at City Hall.

Click here to view Agenda with Backup Materials

PRESENT:      Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins; Council Member Mulroy and Council Member Watts.

 

ABSENT:       None


After determining in Open Session that a quorum was present, the City Council convened in a Closed Session on Tuesday, January 19, 2010 at 10:30 a.m. in the Council Work Session Room at City Hall.

1. Closed Meeting:

A. Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code 551.074.

1. Consultation with the City’s attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, city auditor, and/or the municipal court judge where public discussion associated with these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary of Professional Conduct of the State Bar of Texas.  Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, internal auditor, and/or the municipal court judge.

B. Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1. Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to possible annexations of property into the City of Denton where public discussion of these legal matters would clearly 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.

Following the completion of the Closed Meeting, the Council will convene in a Special Called Work Session at which the following item will be considered:
1. Receive a report, hold a discussion and give staff direction regarding issues concerning areas under consideration for annexation, including the costs related to providing municipal services.

Mark Cunningham, Director of Planning and Development, presented information on the cost to provide services relative to the areas under consideration for annexation. He provided information on provisions of services that included water/wastewater and fire/EMS.

 

Council Member Watts stated that during the first public hearing comments were received about accessibility to private roads in one of the annexation areas by the fire department.

 

Fire Chief Chadwick stated that after the public hearing, staff drove the roads in question with the fire trucks and could access specific homes in the area.  Only the largest truck would have a problem and that truck would not be used for the structures in those areas.

 

Cunningham continued with services that would be provided in terms of parks and recreation.

 

Council Member Watts stated that PAA1 did not include the mowing of roadways.

 

Cunningham stated that the PAA1 proposed annexation would not jump across the street to the rights-of way to provide mowing.

 

Cunningham presented information on roadway maintenance in the proposed annexation areas.

 

Mayor Burroughs asked about the ownership of the roads.  He questioned if they would be county owned or how it was structured and who had the responsibility of maintenance.

 

City Attorney Burgess stated that there were two ways to deal with the roads.  One was to obtain a fee interest in the real property.  The second was a dedicated usage of the right-of-way as a roadway and the city accept the dedication of the property as a roadway.

 

Council Member Watts asked about maintenance costs and how the per mile cost compared to the current budgeted maintenance cost per lane mile in the city.

 

Jim Coulter, General Manager-Water, stated that he had contacted the County maintenance office and had adjusted the formula for mowing, etc.

 

Cunningham reviewed information concerning infrastructure improvements; code enforcement; library services; community development; and solid waste.

 

Bryan Langley, Director of Finance, reviewed how the cost estimates were derived. The basis of the assumptions was that there would be no major development in the areas that were annexed. He emphasized that the actual numbers would most likely be different from the estimated numbers presented at this meeting.

 

Council discussed the merits of the figures presented and the associated assumptions.


Following the completion of the Work Session, the City Council will convene in a Special Called Regular Meeting in the City Council Chambers at this the folloiwng items will be considered:
1. PUBLIC HEARING

A. Hold the second of two public hearings to consider and discuss, under the annexation procedures for areas exempted from the municipal annexation plan, the Involuntary Annexation, Service Plan and Non-Annexation Development Agreement for approximately 7,480 acres, located in the City’s Extraterritorial Jurisdiction (ETJ), Division 1, and provide staff appropriate direction.  The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1.  The 15 areas are identified and generally located as follows:

(1) PAA1: 1,171 acres, located on the South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road; (2) PAA2 South:  1,472 acres located on the South side of FM1173; north of W. University Drive; west of I-35; (3) PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35; (4) PAA4: 1,555 acres, located on the South side of Milam Road; north of Loop 288; east of I-35; (5) DH-1: 315 acres, located on the East of H. Lively Road; south of FM 2449; west side of John Paine Road; (6) DH-2: 258 acres, located on the South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road; (7) DH-3: 421 acres, located on the South side of Spring Side Road; north, south and west of Corbin Road; west of I-35;  (8) DH-4: 347 acres, located on the East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage; (9) DH-5: 307.11 acres, located on the East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road;  (10) DH-6: 9 acres, located on the East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court; (11) DH-8: 29 acres, located on the West of Old Edwards Road; north and south of Edwards Road; (12) DH-10: 87 acres, located on the South of East McKinney; east and west of Lakey Circle; (13) DH-11: 388 acres, located on the Southeast of the intersection of Mayhill Road and McKinney Street; (14) DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and (15) DH-14: 26 acres, located on the South side of Robinson Road; east of Teasley Lane.

Mark Cunningham, Director of Planning and Development, stated that this was the second of two required public hearings for the annexations. The first public hearing was held on January 12, 2010. He presented the following areas of discussion: annexation requirements background; annexation goals; determination of potential annexation areas; the requirements of an annexation plan; the requirements of a service plan; immediate services that had to be provided such as fire/EMS, solid waste, parks, streets, water services, wastewater services, operation and maintenance services; agricultural, wildlife and timberland use non-annexation agreements; the annexation schedule; notices that were provided residents and area school districts, railroads and companies; and staff recommendations for areas of annexations.  

The Mayor opened the public hearing.

 

The following individuals spoke during the public hearing:

 

            Don Wolmack, 6 Highview Court, Denton, 76205 - opposed

            Kent Wolf, 7254 Barthold Road, Denton, 76207 - opposed

            Melissa Vargas, 6954 Ganzer Road, Denton, 76207 - opposed

            Ray Roberts, 2136 Chinn Road, Denton, 76207 – opposed

            Lee Fitch, 7202 Barthold Road, Denton, 76207 – opposed

            Deborah Cottle, 480 Hickory Creek Court, Krum, 76249 – opposed

            Emrie Wilkes, 4045 South Bonnie Brae, Argyle, 76223 – opposed

            Bernice Patterson, 6488 Jim Christal Road, Denton, 76207 – opposed

            Janelle Burch, 4478 Country Club Road, Denton, 76210 – opposed

            Billie Glosser, 990 Tom Cole Road, Denton, 76207 – opposed

            Larry and Ladonna Pockrus, 9080 Wolf Run, Ponder, 76259 – opposed

            Mrs. Grady Baker, 33472 N. Masch Branch Road, Denton, 76207 - opposed

            Bent Carter, 2043 Chinn Road, Denton, 76207 – opposed

            Brenda O’Shel, 4647 S. Bonnie Brae, Argyle, 76226 – opposed

            Denise Eberhardt, 6829 Ganzer Road, Denton, 76207 – opposed

            Janet Ross, 4690 Miller Road, Krum, 76249 – opposed

 

Comment cards were received from:

            Richard Burch, 4478 Country Club Road, Denton, 76210 – opposed

            Larry Green, 2388 Lovers Lane, Krum, 76249 - opposed

            Charles Hackett, PO Box 998, Argyle, 76226 - opposed

            Danny Van, 2499 Lovers Lane, Krum, 76249 - opposed

            Lisa Eaton, 2519 Lovers Lane, Krum, 76249 - opposed

            John Chutkowski, 6957 Ganzer Road, Denton, 76207 - opposed

            David Patterson, 6488 Jim Christal Road, Denton, 76207 - opposed

            Malcolm and Linda Ellison, 3602 N. Masch Branch Road, Denton, 76207 - opposed

            Sidney Baudonin, 6920 Spring Valley Way, Fort Worth, 76132 - opposed

            Don Logan, 4269 S. Bonnie Brae, Argyle, 76226 - opposed

            Ann Stults, 2199 Underwood Road, Denton, 76201 - opposed

            Dana Miller, 4575 Miller Road, Krum, 76249 - opposed

            Linda Cole, 6376 Jim Christal Road, Denton, 76207 - opposed

            Tom Hook, 721 West Windsor, Denton, 76205 - opposed

            Nelda Hackett, PO Box 998, Argyle, 76226 - opposed

            Leslie Buell, 6778 C. Wolfe Road, Ponder, 76259 - opposed

            Shawn Sloan, 2000 Lovers Lane, Krum, 76249 - opposed

 

Richard LaSalle, 2055 Chinn Road, Denton, also spoke in opposition.

 

The Mayor closed the public hearing.


2. ITEMS FOR INDIVIDUAL CONSIDERATION

Resolution No. R2010-004

A. Consider approval of a resolution of the City of Denton, Texas regarding the term of the employment agreement, dated June 5, 2007, as amended on December 1, 2009, between the City of Denton and the City Auditor, said term providing for automatic renewal of one year unless a written notice of no less than thirty days is provided prior to March 1, 2010; and declaring an effective date.

Council Member Gregory motioned, Council Member Engelbrecht seconded to approve the resolution.  On roll call vote, Council Member Engelbrecht "aye", Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Heggins "aye", Mayor Pro Tem Kamp “nay” and Mayor Burroughs "aye". Motion carried with a 6-1 vote.

B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

There was no continuation of Closed Meeting.

C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.

There was no official action on Closed Meeting items.

 

With no further business, the meeting was adjourned at 2:15 p.m.


__________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS



__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS