Minutes May 25, 1999CITY OF DENTON CITY COUNCIL MINUTES
May 25, 1999
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a closed meeting on Tuesday, May 25, 1999 at 5:15 p.m. in the Council
Work Session Room at City Hall.
PRESENT: Mayor Miller, 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. GOV’T. CODE Sec. 551.071. The
Council discussed and consulted with the City’s attorney, including outside legal counsel,
litigation styled City of Denton v. Denton County Fresh Water Supply District No. 1A and
nd
Denton County Fresh Water Supply District No. 5, Cause No. 99-40158-362, filed in the 362
District Court of Denton County, Texas, including strategy and possible settlement
negotiations.
B. Conference with Employees – Under TEX. GOV’T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
C. Deliberations regarding Real Property – Under TEX. GOV’T. CODE Sec.
551.072; and Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071.
1. The Council discussed and gave staff direction regarding an ordinance
authorizing the City Manager to execute an assignment of a real estate contract to the City of
Denton from R. D. Smith, Trustee, relating to the purchase of 6.174 acres of land for use by
the utility department for future expansion needs of Solid Waste and Water.
Special Called Meeting of the City of Denton City Council on Tuesday, May 25, 1999 at 6:00
p.m. in the Council Chambers at City Hall.
1. The Council held a public hearing and considered adopting an ordinance annexing a
52.49 acre tract located on the south side of Ryan Road, one hundred and fifty (150) feet east
of Forestridge Drive; approving a service plan for the annexed property; establishing a Single-
family 16 (SF-16) zoning district on the northern twenty-one (20.98) acres and a Single-family
10 (SF-10) zoning district on the remaining thirty-one and a half (31.51) acres of the annexed
property; providing a severability clause and providing for an effective date. Second reading
of ordinance, A-79. (The Planning and Zoning Commission recommended approval.)
Mark Donaldson, Assistant Director of Planning, stated the property was located south on
Ryan Road, between Teasley Lane and Country Club Road. He stated the annexation and
zoning was combined into one ordinance. There were two zoning districts: single family with
16,000 square foot minimum lot sizes was to the north (approximately 21 acres) and single
family with 10,000 square foot minimum lot sizes was to the south (approximately 31 acres).
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May 25, 1999
Page 2
The Planning and Zoning Commission approved a preliminary plat. A total of 129 single-
family lots would be approved.
The Mayor opened the public hearing.
No one spoke in support or opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 99-176
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 52.49
ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY
ONE HUNDRED FIFTY (150) FEET EAST OF FORESTRIDGE DRIVE IN THE
COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY; PLACING THE PROPERTY IN A PERMANENT
SINGLE-FAMILY 16 (SF-16) ZONING DISTRICT ON 20.98 ACRES AND
SINGLE-FAMILY 10 (SF-10) ON 31.51 ACRES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE
DATE. (A-79/Z-98-058)
Cochran motioned, Young seconded to approve the ordinance. On roll vote, Beasley “aye”,
Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and
Mayor Miller “aye”. Motion carried unanimously.
2. The Council held the first of two public hearings regarding the proposed voluntary
annexation of an approximately 2,746 acre tract of land located west of I-35W, north of
Crawford Road, and east of Florence Road. (Robson Communities, Inc.)
Dave Hill, Director of Planning, stated the property was expected to be part of a Planned
Development application for a senior retirement community. He stated an Interlocal
Agreement with the Town of Northlake was pending which would assign the Robson tract to
Denton. If the Interlocal Agreement was signed, staff recommended withdrawing the
involuntary annexation proposed for the area within the Denton ETJ and proceed with the
process for the voluntary annexation.
The Mayor opened the public hearing.
No one spoke in support or opposition.
The Mayor closed the public hearing.
The Mayor stated the second public hearing would be on June 1.
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May 25, 1999
Page 3
3. The Council considered adoption of three ordinances annexing three tracts of land
located in the southwestern section of the City of Denton extraterritorial jurisdiction,
amounting to approximately 2,549 acres of land. Second reading.
a. Tract #1 (A-80): approximately 1,952 acres of land located at the southwestern
edge of the City of Denton’s extraterritorial jurisdiction, between Crawford and Lively Roads,
approximately 5,800 feet west from I-35W, and east from Florence Road. (Robson property)
b. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width extending
north from Crawford Road, and extending to the west approximately 5,800 feet from I-35W.
(Hillwood property)
c. Tract #3 (A-82): approximately 472 acres of land, located between I-35W and
U.S. 377, north of Crawford Road, and south of Alred Road. (Huffines property)
Dave Hill, Director of Planning, stated staff recommended postponement of any action until
June 1 in order for staff to get more information for the Council before making a decision.
The following individuals spoke on the issue:
Kevin Brown, 615 Valley View, Argyle, 76226, spoke in support of the annexation but
expressed concern on the infrastructure. He stated that some of the citizens of Argyle would
like the Council to urge the developer to talk with the citizens of Argyle about the
development, as they had been very vague about everything to date.
Quentin Burnett, 300 Oregon Trail, Argyle, 76226, stated he was the Superintendent of
Schools in Argyle. He spoke in support of the annexation but requested the Council remind
the developer that school sites be considered part of the infrastructure. He stated they did not
have any information on existing plans or future plans on the development in Argyle. He
stated there had been no communication from the developer since June of 1998.
Curt Mosier, 800 Skyline, Argyle, 76226, spoke in support of the annexation but stated that
communication with the developer had been very poor.
Tim Hamm, 730 Valley View, Argyle, 76226, spoke in support of the annexation but stated
that the developer had made promises but had not carried through on the promises.
Burroughs motioned to postpone the items until June 1 to allow for the conclusion of
negotiations, Beasley seconded. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran
“aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion
carried unanimously.
4. The Council held a public hearing and considered adoption of three ordinances to
temporarily designate three tracts of annexed land, amounting to approximately 2,549 acres, as
Agricultural (A) zoning district classification and use designation; providing for a penalty in
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May 25, 1999
Page 4
the maximum amount of $2,000.00 for violations thereof; and providing for an effective date.
Descriptions of the tracts affected include:
a. Tract #1 (A-80): approximately 1,952 acres of land located at the southwestern
edge of the City of Denton’s extraterritorial jurisdiction, between Crawford and Lively Roads,
approximately 5,800 feet west from I-35W, and east from Florence Road. (Robson property)
b. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width extending
north from Crawford Road, and extending to the west approximately 5,800 feet from I-35W.
(Hillwood property)
c. Tract #3 (A-82): approximately 472 acres of land, located between I-35W and
U.S. 377, north of Crawford Road, and south of Alred Road. (Huffines property)
Dave Hill, Director of Planning, stated the Council could hold the public hearing on the
zoning, but could not act on the zoning when the annexation had been postponed because land
that had not been annexed could not be zoned. Staff recommended postponing the temporary
agricultural zoning designation that would occur as a result of adoption of these three
ordinances until June 1. He stated that for Tract #1, staff had been in contact with Robson
Communities and they intended to submit a planned development application fairly soon. He
stated that in the schedule for Tract #1, there were briefings scheduled with the Planning and
Zoning Commission for the planned development. He stated that staff felt agricultural zoning
would be the final outcome for Tract #2. A planned development application concept plan for
508 acres had been submitted for Tract #3.
The Mayor opened the public hearing.
No one spoke in support or opposition.
The Mayor closed the public hearing.
Kristoferson motioned to postpone and continue the public hearing until June 1 and directed
staff to facilitate a meeting with the developer and the City of Argyle, Cochran seconded. On
roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson
“aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously.
5. The Council considered appointments to a special Citizens Advisory Committee to
study capital improvement needs for projects to be included in a January 2000 bond election.
Council Member Durrance nominated Douglas Ebersole to the committee.
6. There was no official action on Closed Meeting items held under Section 551-071–
551.085 of the Texas Open Meetings Act.
Following the completion of the Special Called Meeting, the Council convened into a Work
Session.
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May 25, 1999
Page 5
Item 4 was considered.
4. The Council received a report, held a discussion, and gave staff direction regarding
placing time limits on various steps in the planned development process and potentially
requiring re-zoning if such time limits expired.
Herb Prouty, City Attorney, stated this would set time limits on the planned development
process. He stated that the Council could determine the time limit for each step of the PD
process, including the filing and approval of the concept plan, development plan, detailed plan,
and the application for a building permit and commencement of construction. He stated that
the new vested rights statute would need to be considered in the process. One option would be
to declare a moratorium on planned developments and give instruction to staff.
Terry Morgan stated setting expiration dates on antiquated PD’s was not the best strategy. He
stated the vested rights law had a “Dormant Project” provision. Under that provision, the
soonest expiration date, if a new expiration date were to be applied, would be five years from
the anniversary of the statute’s effective date.
Morgan stated enacting a moratorium would prohibit the submission of documents on planned
developments until the Council could decide what to do with the underlying zoning. He stated
Council might want to consider changes to the planned development zoning along with other
changes the Council might want to make to achieve consistency with the zoning map and the
Comprehensive Plan when it was adopted.
Morgan stated the Council could amend the ordinance to provide that upon the expiration of a
detailed plan under existing regulations, the right to re-submit a plan would be subject to the
Council’s review and potential re-zoning of the land.
Morgan stated he would not recommend the Council adopt the draft ordinance as presented.
Council Member Burroughs suggested staff look at refining the draft ordinance and review a
limited moratorium on aged PD’s, five or ten years. He also asked for a list of the old PD’s.
Morgan stated he could make recommendations on the time limits in the ordinance.
The Council asked for this to be put on another work session.
Item 5 was considered.
5. The Council received a report, held a discussion, and gave staff direction on the
enactment of a moratorium to stay applications for dormitories and other forms of multi-family
housing that have three or more bedrooms per unit, or which lease bedrooms in a unit
individually.
Herb Prouty, City Attorney, stated that staff needed direction from the Council on a time limit
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May 25, 1999
Page 6
and other specifics of the moratorium.
After a lengthy discussion on this item, Mayor Miller directed staff to prepare an ordinance on
the moratorium and to define and clarify the situation on the type of housing to be included and
specify a reasonable period of time.
1. The Council received a report, held a discussion, and gave instructions to staff
regarding the draft Fry Street Small Area Plan.
Dave Hill, Director of Planning, stated that this was a cumulative effort between city staff and
members of the community. He stated the area stakeholders were identified as merchants,
property owners, the University of North Texas, and the City of Denton. Eight public
meetings were held with Fry Street area stakeholders, which was the general neighborhood.
The major problem areas identified were: solid waste services, parking and traffic, social
concerns and safety, property maintenance and community aesthetics. These areas were
addressed through a number of recommendations.
Hill stated that some of the recommendations were to establish a public-private partnership for
area improvements. This could be achieved through the creation of a Fry Street Zoning
District and a Fry Street Public Improvement District. Another recommendation was that the
solid waste department install centralized solid waste facilities. Other recommendations
included that City Engineering could develop a Traffic Improvement Plan for one-way design
(Fry Street one way South and Avenue A one-way North and Mulberry one-way west) and
eliminate all parking requirements.
Mayor Miller directed staff to proceed with editing and bring back to the Council for final
approval on June 15.
2. The Council received a report, held a discussion, and gave staff direction regarding a
proposed dance instruction program at Martin Luther King, Jr. Center.
Ed Hodney, Director of Parks and Recreation, stated that the staff would like to implement the
dance instruction program proposed by Creative Expressions. The program could be
implemented through private or neighborhood funding or through a fee-based instruction
contract.
Mayor Miller directed staff to proceed with recommendation #2 – implement the program
through a fee-based instruction contract.
3. The Council held a discussion and gave staff direction regarding possible revisions to
the 1999 Action Plan for Housing and Community Development and the funding recommended
for the Denton Affordable Housing Corporation.
Barbara Ross, Administrator of Community Development, stated the 1999 Action Plan
included over $1.7 million in various projects and programs. She stated that the Council had
requested additional options regarding the funding that was recommended by the Community
Development Advisory Committee to be provided to the Denton Affordable Housing
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May 25, 1999
Page 7
Corporation as the city’s only community development housing organization that was currently
certified by both the City and the State of Texas.
The first two options involved reallocating the operating money either to the main program that
was administered by the Denton Affordable Housing Corporation, a HOT program which was
a purchase, renovate, and resale program; or taking the operating funding ($20,000) that was
recommended and putting that into another HOME or CDBG funded activity. The third option
was to set aside an amount in the Action Plan as a CHDO set aside and a request for proposals
could then be developed to determine if other organizations were interested in participating the
City’s HOME program as a CHDO.
The final option, which was recommended by staff, would be to approve the funding as
recommended by the Community Development Advisory Committee and include additional
public participation requirements in the contract with the Denton Affordable Housing
Corporation.
The following individual spoke on the issue:
Carol Lewis, 325 Kingfisher, Denton, 76201 – opposition to funding for DAHC
Mayor Miller stated that he had speaker cards from the following individuals regarding the
item who did not wish to address the Council:
Ken and Sandy Turner, 3217 Oriole, Denton, 76201 – opposition to funding for DAHC
Penni Abbott, 3224 Oriole Lane, Denton, 76201 – opposition to funding for DAHC
Mason Haggard II, 504 Kingfisher Court, Denton, 76201 – opposition to funding for DAHC
James Fagan, 3304 Woodthrush, Denton, 76201 – opposition to funding for DAHC
Judy Patmen, 3505 Meadowlark, Denton, 76201 – opposition to funding for DAHC
Stephens A. Camp, 3319 Oriole Lane, Denton, 76201 – opposition to funding for DAHC
Elizabeth Fagan, 3304 Woodthrush, Denton, 76201 – opposition to funding for DAHC
Andy Joe Thomas, 3318 Meadowlark, Denton, 76201 – opposition to funding for DAHC
Jill Gwartney, 321 Mockingbird Lane, Denton, 76201 – opposition to funding for DAHC
Neva Thomas, 3318 Meadowlark, Denton, 76201 – opposition to funding for DAHC
After a lengthy discussion, the Council advised staff to revise the 1999 Action Plan relating to
funding for DAHC and hold back $20,000 on the operational side and the granting of that
$20,000 would be subject to them working out a substantial progress agreement with the City’s
building official as it related to the renovation and/or removal of the houses.
With no further business, the meeting was adjourned at 10:55 p.m.
____________________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
City of Denton City Council Minutes
May 25, 1999
Page 8
______________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS