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
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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.
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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
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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
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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
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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
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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.
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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.
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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)
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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