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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). City of Denton City Council Minutes 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. City of Denton City Council Minutes 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 City of Denton City Council Minutes 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. City of Denton City Council Minutes 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 City of Denton City Council Minutes 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 City of Denton City Council Minutes 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