Loading...
Minutes November 09, 1999CITY OF DENTON CITY COUNCIL MINUTES November 9, 1999 The Council convened into a Work Session on Tuesday, November 9, 1999 at 6:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, and Kristoferson. ABSENT: Council Member Young 1. The Council received a report, held a discussion and gave staff direction regarding the November 2, 1999 City Council decision related to Zoning Case #Z-99-061, a proposed Concept Plan amendment to PD-115, a 231-acre Planned Development located north of Windsor Road between Bonnie Brae and Westgate. Dave Hill, Assistant City Manager for Development, stated that the question following the vote on the Smith tract concept plan was a late submission of a letter of opposition submitted from Westgate Hills. That letter indicated opposition to the detailed plan, not the concept plan under consideration. The letter was used to change opposition calculations and added enough property to require a supermajority vote by Council for approval of the Concept Plan, rather than a simple majority vote. Council vote for approval of the concept plan was 4-2 but due to the requirement of a supermajority vote, the concept plan was denied. The detailed plan listed on the agenda was not considered. A legal decision indicated that the letter in question should apply only to the detailed plan and the 4-2 vote taken would approve the concept plan due to a simple majority vote. City Attorney Prouty stated that legal statutes and the city code provisions were clear that written notices received before the time of the vote on the proposal were to be considered. The final letter received in opposition referred to the detailed plan and not the concept plan. As a result, it should not have been counted towards the 20% calculations and the supermajority vote should not have been achieved. Instead of failing, the 4-2 vote would pass the ordinance for the concept plan due to a simple majority vote. By Charter there was a 14-day period in which the zoning ordinance would become effective which would be before the next council meeting. He th recommended reconsidering the ordinance before the November 16 meeting. Council could amend the ordinance or institute a city initiated zoning application through the Planning and Zoning Commission with noticing in the newspaper. Council Member Cochran felt this was a technicality and changed a vote that was of a concern for the community. The ordinance would only become effective if Council chose to follow the interpretation of the issue. He questioned if he could ask for a reconsideration of the proposal. City Attorney Prouty stated that as Council Member Cochran was not present for the prior meeting, he would not be able to ask for a reconsideration of the proposal. Only someone on the prevailing side could ask for a reconsideration of the issue. Council could vote to suspend the rules and then anyone could make the motion for reconsideration. Mayor Miller stated that in the past when Council suspended the rules to allow for reconsideration after the next regular meeting, the motion for reconsideration was still required from a person from the prevailing side of the motion. City of Denton City Council Minutes November 9, 1999 Page 2 City Attorney Prouty stated that in the past the requirement had been that someone on the prevailing side had to make the motion. Mayor Pro Tem Beasley stated that she was distressed over the situation. She had made the motion to accept the concept plan and she felt that the citizens at the meeting felt that one decision had been made and now that was overturned. For that reason she felt a reconsideration was in order. City Attorney Prouty stated that if the Council wanted to reconsider the issue, it would have to nd vote to reconsider, vote to void the prior vote on November 2, and direct staff to re-notice the entire process. A vote was needed to remove the prior vote on the issue. Council questioned whether the entire process would have to be redone or could a poll be done from the individuals who had submitted opposition to the proposal. City Attorney Prouty stated that the written protests would be the basis for the proposal and would have to be used on the basis of what was indicated. If Council agreed with that, the th ordinance passed and would become effective on November 16. If Council wanted to undo the previous action, it would have to reject that opinion, make another decision and let the citizens dispute what was on the written protest. Mayor Pro Tem Beasley felt that a reconsideration as had been done in the past was in order as the opposition form indicated opposition to the detailed plan and not the concept plan. City Attorney Prouty stated that his ruling included the fact that the form clearly indicated that it was for the detailed plan and not the concept plan. Further outside evidence could not be now brought in regarding that issue especially after taking a vote. Another option was to reconsider th the proposal without doing notices but in any case it should be done before November 16 when the ordinance would become effective as a matter of law. Mayor Pro Tem Beasley stated that the third chose was to reopen the case all the way but declare the previous action null and void and start over at the Planning and Zoning Commission. City Attorney Prouty sated yes to declare the action null and void based on the way the vote was done. After discussion by Council on whether or not to reconsider the issue, the consensus was to proceed with the reconsideration with a rescinding of the prior ordinance. The reconsideration would begin with the Planning and Zoning Commission. 2. The Council received a report, held a discussion, and gave staff direction regarding the Fry Street Zoning Overlay District. Dedra Ragland, Small Area Planning Manager, stated the Fry Street Small Area Plan provided a number of recommendations and strategies to address the physical and social concerns identified by Fry Street area stakeholders. The proposed Fry Street zoning overlay district parking and density recommendations exempted all non-residential development from the provision of off- street parking requirements, a 100% building coverage, the floor to area ratio of 2:1 and a height City of Denton City Council Minutes November 9, 1999 Page 3 restriction of three stories. She reviewed the recommendation for parking as noted in the agenda materials. Staff was recommending a zoning amendment to create a Fry Street Zoning Overlay District to eliminate all off-street parking requirements and establish building densities and minimum area and height requirements; determine the location and consolidation of solid waste containers; and amend sign regulations for the District. Council Member Cochran stated that he had serious reservations about the proposal to remove all requirements from the area. One reservation was that to take away the parking requirement would increase the density in a compact area. That would create an adverse situation in the surrounding areas due to not enough parking. The neighbors adjacent to the Fry Street area were concerned about the increased density in the neighborhood. This area was adjacent to a very sensitive area of the City and would affect that area with less parking in the Fry Street area. He was in favor of Option 2. Ragland stated that even if parking requirements were relaxed, it would not eliminate the parking demand. A parking demand would be generated with any option and a concern for on-street parking for all areas. Mayor Pro Tem Beasley stated that the neighborhoods were impacted during the day with the parking situations. She questioned if it was the same situation at night or was it more concentrated in the Fry Street area. Review of variances in the past indicated that the Council was not consistent with decisions. Mayor Miller felt there were similarities between the Central Business District and the Fry Street area. He was in favor of Option 1. The Council could not come to a consensus on the proposal. It would be brought back to Council for consideration at a future date. 3. The Council received a report and held a discussion concerning the proposed Water Conservation and Drought Management Plan. Tim Fisher, Assistant Director of Water Utilities, reviewed the provisions of the water conservation plan and the drought contingency plan as provided in the agenda materials. Consensus of the Council was to follow the recommendations as noted in the agenda materials. 4. The Council received a report, held a discussion, and gave staff direction regarding the relocation and restoration of the Union Pacific Freight Depot. Ed Hodney, Director of Parks and Recreation, stated that the application for a grant and the relocation of the depot were still on schedule. The City should hear in December whether or not it would receive the grant application. Consensus of the Council was to proceed with the schedule and to continue to coordinate efforts with the Railroad. City of Denton City Council Minutes November 9, 1999 Page 4 5. The Council received a report and held a discussion regarding the 1999 tax abatement incentive for United Copper Industries, Inc. Linda Ratliff, Economic Development Director, stated that the tax abatement agreement with United Copper required United Copper to have a valuation of $35 million, employment of 250 employees and an average wage of $34,000. If United Copper failed to meet any of the above thresholds, the abatement would be reduced by the percentage difference between the threshold and the actual amount. The Appraisal District confirmed that land, building and equipment valuations were below the $35 million threshold. Employment at the facility was at 160 employees and the average wage was $31,052. As United Copper failed to meet the thresholds established in the agreement, the City, County and DISD would reduce the amount of tax abatement granted to United Copper. 6. The Council received a report, held a discussion, and gave staff direction regarding the City of Denton logo and the proposed Publication Standards and Usage Policy No. 505.02. Betty Williams, Director of Management and Public Information, presented the proposed publication standard and usage policy as noted in the agenda materials. Consensus of the Council was to proceed with the proposal. th 7. The Council received a report regarding the City’s approach and strategy for the 77 Legislature. Julie Smith, Environmental Compliance Manager, stated that a Denton Legislative Committee was formed to address future legislative issues and strategy on a citywide basis. The Committee would coordinate issues and bills as they became available such as transportation and air quality issues. 8. The Council received a report, held a discussion, and gave staff direction regarding results from the Economic Development Workshop and the City’s Tax Abatement Policy. Linda Ratliff, Economic Development Coordinator, stated that the City and Chamber sponsored a community workshop to provide information to the participants and to solicit input regarding economic goals and challenges for the next two-year plan. She reviewed the results of that meeting as noted in the agenda materials. Staff was requesting direction on two issues: whether to add categories to be included in the economic development strategic plan and whether to draft another tax abatement policy in January. Consensus of the Council was to not add additional categories to the strategic plan and to draft another tax abatement policy. 9. The Council received a report, held a discussion, and gave staff direction regarding a voluntary annexation schedule, including public hearings, with regard to the proposed voluntary annexation of approximately 9.2 acres located on the southeast corner of Teasley Lane and Nowlin Road in the City of Denton’s extraterritorial jurisdiction (ETJ). (A-97, 4525 Teasley Lane) City of Denton City Council Minutes November 9, 1999 Page 5 Dave Hill, Assistant City Manager for Development, stated that staff was requesting Council approval for the proposed annexation schedule. Consensus of the Council was to proceed with the proposed schedule. 10. The Council received a report, held a discussion and gave staff direction regarding the Council 2000 meeting calendar. Jennifer Walters, City Secretary, presented the proposed schedule and possible meeting dates for the Council Planning Session. Consensus of the Council was to proceed with the schedule as proposed and to hold the Planning Session on June 2-3, 2000. 11. The Council received a report, held a discussion, and gave staff direction regarding revisions to the draft Comprehensive Plan. Dave Hill, Assistant City Manager for Development, presented the revisions to the draft Comprehensive Plan as noted from the last meeting. Council reviewed five major topics that still needed to be addressed regarding the Comprehensive Plan. Consensus of Council was to direct staff to proceed with the interim guidelines as proposed with a joint meeting with the Planning and Zoning Commission for consideration of the ordinance. Further minor revisions were suggested by Council to be incorporated into the Plan. 12. New Business There were no items of New Business suggested by Council for future agendas. With no further business, the meeting was adjourned at 11:05 p.m. _____________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS