Minutes January 10, 2006
CITY OF DENTON CITY COUNCIL MINUTES
January 10, 2006
nd
After determining that a quorum was present, the City Council convened in a 2 Tuesday
Session on Tuesday, January 10, 2006 at 4:00 p.m. in the Council Work Session Room at City
Hall.
PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp,
Montgomery, Mulroy, and Thomson.
ABSENT: None
1. The Council received a briefing, held a discussion and gave staff direction on the status
of multiple family development and Single-Family/Multi-Family ratios in general.
Kelly Carpenter, Director of Planning and Development, presented discussion points for the
Council to consider:
Aggressive code enforcement
Rental housing inspection
Aggressive substandard housing removal (well beyond what was currently funded
by CDBG)
Open space dedication requirement
Trail dedication requirement
Road impact fee
Minimum lot size requirement
Market analysis requirement for housing proposals
Support and lobby for fair share distribution of subsidized housing throughout the
county
Amend the mixed use zoning outside of downtown/university and planned
communities
Restrict low-income housing tax credit projects to the rehabilitation of existing
older (10 years+) rental housing or demolition and reconstruction of older rental
housing similar to Renaissance Courts-DHA
Carpenter reviewed the number of multi-family dwellings. A goal of the Denton Plan was to
accommodate 27,000 single-family homes and 18,000 multi-family units by the year 2020 to
bring the ratio of single to multi-family housing from 51:49 in 1998 to 58:42 in 2020. However,
already in 2006 there were over 17,000 multi-family housing units.
Council discussion-
The ratio of single family to multi-family units needed to be reviewed and not considered
set figures.
It was now known where students reside in the City and it was different than first
thought.
The 60-40% ratio was incorrect-it was too much multi-family.
The ratio needed to be changed in the Comprehensive Plan, which would correct the
Development Plan.
Consider a ratio that would stop the growth of multi-family.
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January 10, 2006
Page 2
There needed to be some discretion in the multi-family growth as a first come/first serve
basis might not allow some projects needed, especially in downtown area.
Consider allowing some increases in multi-family but do in sectors of the city.
Consider a SUP process for multi-family developments.
There were changes in the state statutes that affected multi-family development ?
restrictions on changing the code at this time.
If the Comprehensive Plan were changed, use the SUP process as a measuring stick for
multi-family development.
Support would be needed from the School District, the existing multi-family community,
and neighborhood groups for this type of restriction.
There needed some amount of flexibility to allow certain projects in certain areas.
The age of the current multi-family buildings was surprising.
Multi-family housing was not needed for students-many students were not living on
campus and did not need multi-family housing.
A 70-30 ratio on a 1.8 density would allow an increase of 4,000-5,000 multi-family units.
Consider changing the Comprehensive Plan ratio and combine it with criteria standards
for multi-family development.
Build a model with the ratio and preferred locations for multi-family development such
as downtown and transit areas.
Multi-family development was driving the educational level of the city.
Ray Braswell, Superintendent of Schools, stated that this was long standing issue and one that
both the City and DISD needed to address.
Rick Woolfolk, DISD Board Member, stated that there was also a need to consider multi-family
developments for senior citizens with no students to impact the school district.
2. The Council received a briefing, held a discussion and gave staff direction on a process
and review criteria for multi-family tax credit projects.
Kelly Carpenter, Director of Planning and Development, presented information on a process and
criteria for review of multi-family tax credit projects. The proposed process would include an
implementation plan, change in definition, approval process, information be to submitted and a
review of criteria and standards. The change in definition would include the statement that these
projects shall include a demolition, replacement and/or rehabilitation component. New
construction without commensurate demolition would not be allowed. The number of units to be
demolished, number of replacement units to be constructed, and the number of units to be
rehabilitated would be included in the application. In reviewing the criteria and standards, the
applicants would have to demonstrate compliance with the applicable subchapters of the Denton
Development Code, must identify the site design features proposed to enhance the project over
and above the minimum requirements in the Denton Development Code by list and by drawing
and the application must meet the intent of the Denton Plan.
Consensus of the Council was to have staff prepare a hard copy of the information and look at
how the criteria went along with that information and possible trade-offs.
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January 10, 2006
Page 3
3. The Council received a report, held a discussion and gave staff direction regarding the
applicability of Chapter 176 of the Local Government Code to various public officials and City
vendors.
Herb Prouty, Consulting Attorney, stated that the last session of the Texas Legislature passed
H.B. 914, which had been codified as Chapter 176 of the Local Government Code. Chapter 176
was applicable to certain local governmental officials, city contractors and vendors. He
reviewed the details of the legislation that required the disclosure of conflict of interest
questionnaires and conflict disclosure statements.
Council discussion-
The Conflict of Interest Statement was filed with the City Secretary. Those statements
would have to be posted on the City?s website for public access. The City Secretary
would also maintain a list of all public officials subject to the Act.
The provision for disclosure of contributions to campaign funds did not apply to Denton
as the County had not met the population requirements.
Failure to disclose resulted in a Class C misdemeanor. The forms must be signed under
penalty of perjury.
nd
Following the completion of the 2 Tuesday Session, the City Council convened in a Closed
Meeting at 5:40 p.m. to consider the specific items listed below under the Closed Meeting
section of this agenda.
1. Closed Meeting:
A. Consultation with Attorney ? Under Texas Government Code Section 551.071.
1. Received legal advice from the City Attorney or his staff concerning legal
issues and the legal interpretation of Chapter 176 of the Local Government
Code and how it applies to certain City officials and City vendors and
contractors where to discuss such matters in public would violate the City
Attorney?s responsibilities under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
2. Consultation with the City?s attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the City?s northern ETJ,
under annexation case no. A05-0002, along with other legal issues related
to the annexation, including zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation
agreements, service plans, utility service, and legal issues implicated by
alternative proposals advanced by individuals owning property within the
proposed annexation area. A public discussion of these legal matters
would conflict with the duty of the City?s attorneys to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas or would jeopardize the City?s legal position in any
administrative proceedings or potential litigation.
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January 10, 2006
Page 4
B. Personnel Matters ? Under Section 551.074 of the Texas Government Code.
1. Deliberated the evaluation and duties of the Interim City Manager.
The Council returned to Open Session at 7:09 p.m. and adjourned with no further business to
consider.
___________________________
EULINE BROCK
MAYOR
CITY OF DENTON, TEXAS
____________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS