Nov 20, 2017 City Council on 2017-11-20 10:30 AM

But first we're going to call a special closed meeting. So any citizen comments on the special called meeting will happen afterwards. So at this time I'll go ahead and call the closed meeting. Go ahead and read these. >> You have to just read the cheat sheet. >> Okay. I'll convene the closed session at 1031. We'll consider the following items. Consultation with attorneys under Texas Government Code section 551.071 and deliberations regarding real property under Texas Government Code 551. It's 1121 AM and we're convening in a special called meeting to consider the following items. First we're going to consider items for individual consideration. Consideration of the use of eminent domain to condemn real property interest. That's item 1A. Any, do I get clarification or no? We're good to go? >> We're good to go. >> Okay, so we just have our staff presentation at this time. >> Council, I'm Trey Lansford in the city attorney's office . What you have before you right now is an ordinance for consideration to provide authority to use. Imminent domain process shouldn't be necessary to condemn approximately 19 acres in the city of Denton. As you are aware, there is currently a road project that's the Mayhill Road Project. Mayhill Road is being widened and improved as it comes south. Back earlier this year, the city hired a new city engineer, Todd Estes, who had looked at all of the capital improvement projects. This was one of the projects he looked at. Looked at, decided based upon his review that the proposed plan for a bridge there at the curve of Mayhill would be in the public safety and interest to put a bridge in there. And then in doing that, he also looked at flood control and storm water improvements that would be made necessary by the bridge. The city was to do the bridge and have the complete drainage that the bridge would require. More drainage would be needed in this area than was originally included under the original plans for the project. So what you have before you is, what's up on the screen is just an area map, kind of where you see the location, you see Mayhill coming down. A close in on the property is the 18.969 acres there towards the south curve of Mayhill Road. Ask for your consideration of this. Again, staff would certainly go through the process. It does not mean that condemnation is necessary. It does not necessarily mean that it is the next step, but that staff would be prepared and be authorized to go that far should negotiations with the landowner fail. So following staff discussion and any comments from the public we may have and upon favorable motion, I will proceed to show the property description. Do we have any questions for staff? Hearing none, we do have a blue card. Mr. Robert Donnelly. How many minutes does he have? >> Three minutes. >> Mr. Donnelly, you have three minutes. >> Thank you. My name is Robert Donnelly. I live at 3900 Quail Creek Road, Denton, Texas, and this is my property. I can't speak to what he said because I don't see a bridge on any of the backup. I don't know what he's talking about. But I'm here today to talk about the process. First, I'm going to ask you all to vote no on this. I believe the city of Denton gives a courtesy notice to property owners within 500 foot of a simple zoning change. Had I not looked at the city website late Friday afternoon, I would not have even known y'all were going to vote to condemn my property. This was posted late Friday for an early Monday meeting, and that is just wrong. I would also like to say that your vote today is going to send a very clear signal to every resident in Denton as to what Denton, the city of Denton, has become under your leadership. If this is the way you do things with Friday agendas and Monday morning votes, then I just want you to know that you need to own up to it. This will send a message to the city of what Denton is and what it's become. And I guess I can answer, I can't answer any questions about, I guess, the agenda because I don't know what they're talking about and none of it's in the backup. So I'm really here today to just say this process was dread fully wrong. Thank you. >> Okay, we have no other blue cards. I do have a question for legal. >> Yes, ma'am. >> Trey, sorry. I'm gonna turn this way. Regarding the posting for purposes of the Texas Open Meet ings Act, was the posting with sufficient amount of time? >> Yes, ma'am, it was. It was posted Friday morning more than 72 hours before the meeting. >> Okay, and then regarding the 500 feet courtesy notice, is that something that we do for eminent domain proceedings ? >> No, ma'am, not necessarily. It's not required under the property code. >> Okay, all right, any other questions for Councilwoman Br iggs? >> Was something supposed to be put in the paper, like a public notice? >> No, ma'am. >> Okay. >> No, ma'am. >> Councilmember Gregory. >> I'm ready to make a motion. >> Please go ahead. >> I move that the city of Denton, do you have your exhibits ready? >> Yes, sir. >> Okay. >> I move that the city of Denton, after having made the offers required by state law, use the power of eminent domain, if needed, to acquire fee simple to an 18.969 acre tract of land, being situated in the David Ho survey, abstract number 646, city of Denton County, Texas, and more particularly, described on exhibit A to the ordinance now under consideration and on the overhead screen being now displayed to the audience, all of which is for a valid public use necessary to provide the expansion and improvement of Mayhill Road, a municipal street and roadway located in the city of Dent on, Texas, and for flood control and storm water improvements necessitated thereby for public safety and welfare to serve the public and citizens of the city of Denton, Texas. >> Thank you. Councilmember Ryan. >> I will second. >> All right, have a motion and a second. Is there any discussion on this item? I do have a question. Regarding the public use and public benefit of the flood plain aspect, do we know exactly how many homes would be taken out of the floodplain? >> I do not know, ma'am. >> Okay, all right. Hearing no discussion, we'll go ahead and take a vote. All in favor, please indicate by raising your right hand. All opposed by like sign. Okay, we have five, one, two, three, four, five, one. In favor. Thank you, Trey. >> Thank you. >> The next item is item two, items for individual consideration. A, consider adoption of an ordinance canvassing the returns and declaring the results of the municipal election to amend the city charter of the city of Denton on November 7, 2017. Entering an order in the records of the municipality declaring that the charter amendments are adopted and providing an effective date. >> Mayor Pro Tem and council members, I'm Jane Richardson from the city manager's office. This agenda item is to canvas the results of the charter election held on November 7th. As noted in the ordinance, there were 4,899 ballots cast in the election. The total votes cast for each proposition are as follows. Proposition A, yes, 4,607 votes. No, 238. Proposition B, yes, was 1,941 votes. No, was 2,895 votes. Proposition C, yes, was 4,093 votes. No, was 726 votes. Proposition D, yes, was 4,128 votes. No, was 616 votes. And Proposition E, yes, was 2,710 votes and no, was 2,050. Upon approval of the ordinance, propositions A, C, D, and E will be adopted. Proposition B was defeated and will not be adopted. >> Any questions for staff? I'll entertain a motion. Councilman Briggs? >> I'll motion to approve. >> Okay. We have a second. Council member Gregory? >> Second. >> Any discussion? All right. All in favor of this item, please indicate by raising your right hand. All opposed by same sign? Ayes have it. 6-0. Okay. That brings us to concluding items number three. Are there any concluding items? Hearing none, that will convene our meeting. Thanks everybody. We're at 1131, it looks like. [BLANK_AUDIO]