Loading...
Minutes November 07, 1989CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 7, 1989 The Council convened into the Work Session at 5:30 p.m. in the civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boydo Gorton, Hopkins and McAdams. ABSENT: None 4:30 p.m. 1. The Council participated in a tour of transportation routes on Locust and Myrtle Streets south of Eagle Drive. Mayor Stephens, Mayor Pro Tem Ayer and Council Member Hopkins participated in the tour. 243 5:30 p.m. Mayor Stephens recognized the participants in the Leadership Denton class who were attending the Council meeting. 1. The Council held a discussion regarding exempting aircraft from personal property taxes. John McGrane, Executive Director for Finance, stated that effective January 1, 1990, House Bill 82 provided that all tangible personal property other than manufactured homes that were not held or used for the production of income would be exempt from property taxes. Council could act and rescind this action by following certain guidelines. In the City of Denton this primarily dealt with airplanes. The Airport Advisory Board had unanimously recommended not to tax the aircraft. Consensus of the Council was to allow the exemption and not tax the aircraft. 2. The Council received a presentation and held a discussion of the DENCO E-9-1-1 proposed budget, Bill Munn, Executive Director of E-9-1-1, stated that six other )urisdictions had formally approved the E-9-1-1 budget. He stated that they hoped to have all contracts signed by December with a first priority of a cut-over date and set up a schedule. He felt that in March/April they could begin to install the system in cities. He stated that they were not anticipating borrowing money or issuing bonds to pay'to put the system on-line. Consensus of the Council was to schedule a resolution to be presented at the next Council meeting. 244' City of Denton City Council Minutes November 7, 1989 Page 2 3. The Council held a discussion regarding planning and Zoning Commission's recommendation for the Capital Improvement Plan. Lloyd Harrell, City Manager, discussed the process used this year to determine the CIP program. He stated that the CIP program was a requirement of the City Charter. He then reviewed the document with the following notations: (1) pages 1-9 were the CIP items recommended by the Planning and Zoning Commission for the next five years. The sections were divided by categories such as sidewalks, streets, etc. New categories were "sold bonds", "1986 bonds" and "future bonds or CO's" (2) pages 10-31 were the Utility five year CIP for electric, water and wastewater. These were divided by bond funds or current revenue. (3) pages 32-37 were a detail of the next five year schedule and a general direction of the next projects. (4) pages 38-39 were FYI pages comparing the CIP as submitted to the voters three years ago compared to the present schedule. (5) pages 40-42 showed where the projects had been moved. (6) page 43 was the General Government area of the CIP. (7) page 44 was the Executive Summary. Harrell stated that there were some policy changes in the CIP program. The original CIP program had been stretched out with several projects moved back in order to keep taxes down. Staff and the Planning and Zoning Commission were recommending that as the projects were stretched out, a small election could be held in 1991 for streets and drainage only. Then, in 199'3, a new comprehensive program could be presented with new streets and drainage projects and hold an election then for those projects. The projects that had been pushed back included two recreation centers and the law enforcement center. 1990-91 would see the first funding for the law enforcement center with a study being conducted before any building were to begin. Frank Robbins, Executive Director for Planning, reviewed the projects by categories and years. Consensus of the Council was to proceed with the program as presented with a public hearing and formal resolution to be scheduled in the near future. 4. The Council held a discussion on the proposed revisions of the Subdivision and Land Development Regulations. Frank Robbins, Executive Director for Planning, presented an overview of the work done with the platting process. Exhibit A details that analysis. 5. The Council did not meet in Executive Session during tho Work Session. City of Denton City Council Minutes November 7, 1989 Page 3 The Council convened into the Regular Session at 7:0'0 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council considered approval of the minutes of the regular sessions of August 1 and August 15, 1989, the special call session of August 22, 1989 and the work session of August 29, 1989. McAdams motioned, Gorton seconded to approve the minutes as submitted. Motion carried unanimously. 2. The Council received a citizen's report from Mr. Bruce McMahon regarding the sign ordinance. Bruce McMahon stated that the sign ordinance was not in good working order as there was no room for arbitration. It was necessary for him to change his Gulf Oil sign to a Chevron sign. He had requested a variance in the sign ordinance to allow a higher sign than 6 feet. The Development Review Committee had denied his request for a variance. McMahon felt that a 6 foot sign was too short as there were other higher signs in the area. He had asked for a twenty foot sign from a thirty foot sign and had cut the overall signage down by 50%. A six foot sign would be a hazard as drivers could not see over it. Council Member Alexander asked McMahon what he would like to see done with the sign ordinance. McMahon replied he could like to see some flexibility to reduce the size of signs and not such a drastic change. Council Member 'Boyd asked if staff had checked with other cities in the area as to how they were handling the situation. Frank Robbins, Executive Director for Planning, stated that the standards used in Denton were similar to the standards other communities had. Denton's standards were consistent with many of the other cities in the Metroplex. 3. The Council received a report from Carl Anderson representing the Park Board regarding the curtailment of hours of operation for the City of Denton Recreation Centers. 245 246 City of Denton City Council Minutes November 7, 1989 Page 4 Roy Appleton III spoke for Mr. Anderson. Appleton stated that 11 hours per week had been cut from each of the recreation centers in order to save $14,000. The Park Board had received numerous complaints from citizens and from representatives from Advisory Boards of the four recreation centers. The Park Board was surprised to learn of the curtailment and had not been involved in the discussions about it. The Board was unanimously opposed to the curtailment of the hours. He felt a bad message was being sent about the commitment of the Council and the City to the park system. The Board urged the Council to authorize staff to look at the budget and'find a way to reinstate the money needed to restore the reduced hours. Council Member McAdams stated that when staff prepared their various budget, there was a basic budget and supplemental packages. In the view of staff, that particular item was a part of the supplemental package, it was not a part of the basic budget. It was not a matter of Council saying what was most important. Staff made the decision to put that particular item in the supplemental budget rather than in the basic budget. Appleton replied that he understood that process and questioned the item ever being put in a supplemental package. What was needed was an expansion of the hours of the recreation centers, not cutting back. If bond issues were going to be passed and centers built, they had to be properly maintained, operated and staffed. The citizens who voted for the bonds for the recreation centers wanted the centers open. The hours needed to be expanded rather than curtailed. McAdams replied that she was suggesting that it was not necessary for the Council to give permission to staff to find the money to keep the centers open, it was a staff decision to put it on the supplemental list in the first place. Staff could take out something, not hire another employee or do ~omething else to find the money for those hours. Appleton replied that the staff could still find ways within the existing budget to fund those hours. McAdams replied yes. Council Member Hopkins stated that the issue was not taken lightly. Council also had a responsibility to taxpayers to do what they could to hold taxes. She asked Steve Brinkman, Director of Parks and Recreation, what the recreation budget was. Brinkman replied approximately $2.2 million. City of Denton City Council Minutes November 7, 1989 Page 5 Hopkins continued that out of that $2.2 million, the Parks Department could find the $14,000 needed to restore the hours. The decision was not done lightly. Council Member Boyd stated that he would like to find a way to restore the hours either within the Parks budget or perhaps from unencumbered funds. Mayor Pro Tem Ayer stated that the Parks Department with its large budget could not go free without any cuts. He would like to see the Parks Department, with the assistance and advise of the Parks Board, take a careful look at the budget and see if the budget could be rearranged in order to restore the hours. Appleton replied that the Board did not know they had that option. Debra Drayovitch, City Attorney, stated that Section 8.7 of the Charter provided that the City Manager could, at any time, transfer any unencumbered appropriation balance or portion thereof, between general classifications of expenditures within the .department. Mayor Stephens stated that the Park Board could work with the Parks Department and make recommendations on how to shift funds to restore the curtailed hours. Hours could be adjusted if needed and if the money were found within the park budget. 4. The Council received a citizen's report from Mr. Frank Dalton representing the North Lakes Advisory Board regarding the curtailment of hours of operation for the City of Denton Recreation Centers. Frank Dalton, North Lakes Advisory Board, presented a petition against the curtailment with 130 signatures on it. He felt the hours should be expanded, not curtailed. The centers should be open later at night and more on the weekends. 5. The Council received a presentation from Norm Thomas, Mayor of Argyle, discussing wholesale wastewater services from the City of Denton. Mayor Thomas stated that the City of Argyle had some concerns about wastewater and its ability to move the wastewater. He referred to an exhibit in the back-up material which encouraged the City of Denton to enter into a contract with the City of Argyle and to a draft contract. He had one exception to the contract that dealt with the City of Argyle entering into a contract with the Upper Trinity Regional Water District. Argyle believed that it was now ready to receive services and desired to enter into a contract with the City of Denton. He presented figures that showed that the Denton system would be able to 247 248 City of Denton City Council Minutes November 7, 1989 Page 6 handle the wastes from Argyle. In the early Stages of planning, Denton considered using the plant as a regional concept which could service other areas in close proximity. A facilities plan was developed which called for Argyle to be a leading candidate to be serviced. The plan showed a line going directly to Argyle. He stated that an Argyle Independent School District bond had successfully passed which would allow them to construct a new campus. The construction of the new school would immediately destroy the current septic system as they would be building over the top of it. They would not have a system to take care of the waste within approximately a month after the start of construction. The proposed contract would be an interim contract which involved trucking the waste to Denton for treatment. Argyle had also looked at long term plans which would involve laying a line along Country Club Road to Denton's collection system. At the present time, Argyle had only one customer, the school district. No other customers were foreseen for approximately 18 months to two years. Three options were discussed which included (1) continue with a malfunctioning septic system, (2) build its own plant, and (3) enter into a contract with Denton. The first two options were not seen as viable which left the best option of a contract with Denton. Argyle desired Denton to consider the contract but with the deletion of "with the Upper Trinity Regional Water District". Reasons for deleting that phrase were that the School District did not want to enter into so many contracts, added cost, and legal concerns. Legal concerns included (1) to be eligible for a member contract with the Upper Trinity River, Argyle must be in the business of supplying some utility service which they were not doing at the present time; (2) payments for the management through the Upper Trinity were required to be from revenues generated by the combined water works and sewer system according to the contract which Argyle did not have. Argyle did not have the prerequisits needed to enter into a contract with the Upper Trinity Regional Water District. Council Member Hopkins stated that the letter Mayor Thomas referred to was almost 10 years old and changes in the wastewater system and environmental laws and issues had changed dramatically since the original plans had been developed. She had no problem with an interim contract but not a permanent contract. She stated that Mr. Nelson had assured her that the Public Utilities Board agreed that this was to be an interim contract. Thomas stated that Argyle was not against the Upper Trinity as a regional approach but that Argyle was not ready to enter into a contract with them at that time. Possibly in the future they would be ready. The proposed contract with the wording of a future contract with the Upper Trinity might not be the ultimate goal for Argyle. Other options could be considered City of Denton City Council Minutes November 7, 1989 Page 7 after the interim contract such as Argyle's own system~ Mayor Pro Tem Ayer stated that the District was developed in very close consultation with State agencies from the beginning and had the full endorsement of the State agencies. The City of Argyle was represented on the planning committee from the beginning and had been one of the strong supporters to bring the District into existence. He understood the need for an interim agreement with the City of Denton but would like to see the Upper Trinity Regional District move into fulfilling its proposed purpose as rapidly as possible. Council Member McAdams stated concern regarding the elimination of the phase totally from the contract. She did not think anyone had a problem with an interim contract for Argyle but felt that a part of the contract needed to indicate that it was only interim and suggest some alternative for the future so that someone looking at the contract would not be mislead. She suggested that some similar terminology needed to be a part of the contract. Thomas replied that the phrase restricted Argyle from any other type of planning abilities. The elimination of the phrase allowed other options and other negotiating tools. With the phrase left in, there was no negotiating ability or alternative plans. Bob Nelson, Executive Director for Utilities, stated that the phrase would indeed limit Argyle to only the option of the Upper Trinity Regional Water District. Argyle could possibly make application for a permit and could possibly install their own wastewater treatment system. The time frame that they were faced with right now for the school system would not permit them to do that for the school system. An adjustment could be made in the phrasing to say the Upper Trinity or their own system. His perceptions from Council and the Public Utilities Board was that Denton's goal was that the Upper Trinity Regional Water District should be the wholesale server for any of the communities around Denton. Denton would then have one contract with the' Upper Trinity and the Upper Trinity would deal with a number of other entities. Council Member Gorton left the meeting. After further discussion by the Council, consensus was to have Mr. Nelson work with the Public Utilities Board to take into .consideration the views of Council and the concerns of Argyle and make adjustments to the contract, if necessary, and bring back at a later date. 249 25'0 City of Denton City Council Minutes November 7, 1989 Page 8 Council Member Gorton returned to the meeting. Public Hearings A. The Council held a public hearing access to the Eagle Point Subdivision specifically South Locust and Myrtle Streets. regarding involving The Mayor opened the public hearing. Nancy Martin supported the Planning and Zoning Commission's Plan E Modified for the following reasons: (1) the Eagle Point Subdivision would provide increased exposure and visability for all the businesses on South Locust between I35 and Eagle Drive; (2) the increased exposure for the businesses would provide a greater potential for increased revenue for these businesses; (3) increased revenues for these businesses would mean more spending in town; (4) a further economic slump would exist if the City Council overturned the Planning and Zoning Commission and closed any portion of Locust Street and/or changed the street from two-way to one-way; (5) the residents of Locust selected their homes so they could live where they conducted their business; (6) closing Locust Street and/or changing the status of the street to satisfy one individual might cause businesses to suffer financially and some might go out of business totally; (7) other options would not be fair to the residents and businesses on South Locust; (8) petitions from the neighbors had been submitted to the City Council which reflected the neighborhood opinions; (9) if South Locust were closed, then Eagle and Collins would be the only means of getting to Fort Worth Drive with Collins being a narrow two-lane street and Eagle Drive extremely difficult to cross; (10) the accessibility of Eagle Drive and the light situation had been a problem for years and should not be looked upon as a new issue. Melba Miller stated that she owned a business on South Locust and agreed with the Plan E-Modified. If a traffic light were installed at Co'llins on Fort Worth Drive, traffic would be backed up both on Collins and Fort Worth Drive. She asked that Locust be left open. George Selby, a business ~outh Locust be left open. Locust were closed. owner in the area, requested that His business would be hurt if South Council Member Gorton asked Mr. Selby if he would have a problem with the Planning and Zoning Commission's Modified Plan E with regards to the private access on Daugherty. City of Denton City Council Minutes November 7, 1989 Page 9 Selby replied that at times when there were heavy rains, Myrtle Street would flood and residents would have to use Daugherty to get to South Locust, Mayor Pro Tem Ayer asked if it would be possibie that drainage would be improved in the Myrtle area when the Eagle Point Subdivision made its improvements. City Manager Harrell replied yes that a storm water drainage pipe would be installed on Myrtle that would Pick up the water from the Eagle Point area which should significantly reduce the amount of water in the area. Wayne Mitchell, a business owner on Daugherty, asked that Locust be left open to I35. He did not agree with putting any barricades at Eagle and Locust. He suggested a traffic signal there to coordinate with the other lights. Henry Barlow, a property owner on Daugherty Street, stated that he was unaware South Locust might be closed. If South Locust were closed, the refrigerator trucks which serviced the pizza plant would not be able to get to the plant. The pizza plant had been considering expanding at the present site or moving to McKinney. If the street were closed, it might force the company to move. He was in favor of the project and the development of the area but was against the closing of the streets. The Mayor closed the public hearing. Jerry Clark, City Engineer, stated that the Eagle Point Subdivision which started in early 1989 basically created the current situation. Several issues had been looked at to make sure the development did not cause traffic problems or accelerate any existing ones. The existing conditions were dangerous with deep ditches, small culverts, drainage problems, people using the area to avoid the traffic problems on Fort Worth Drive. Upon approval of the current CIP, Fort Worth Drive would be rebuilt into at least a four lane divided road from I35 to Collins Street with a signal at Fort Worth Drive and Collins. The development would be installing a signal at Lindsey and Fort Worth Drive. Existing problems were also at Bell/Eagle which had difficult geometry with a sharp turn where Bell turned into Fort Worth Drive and a narrow railroad bridge which did not allow a full left turn lane. The Daugherty Street area was too narrow to support major traffic. Myrtle Street had been recommended to be closed between Daugherty and where it joined with S. Locust. Citizens Traffic Safety Support Commission had recommended that all roads be left open except for a small section of Myrtle and the ~ection between 251 252 City of Denton City Council Minutes November 7, 1989 Page 10 the Selby Nursery be a private access road. The Planning and Zoning Commission agreed with that recommendation except to reopen Daugherty Street and access to the Selby Nursery. The Modified E Plan, provided that CIP funds were used to upgrade S. Locust and Myrtle Street, was recommended by staff. Clark presented cost estimates for signalization of several intersections along with realignment of Dallas/Bell/Eagle. Council Member Alexander stated that it was a bad policy decision to close a street to attract new development when there was already a significant amount of existing development taking place with existing businesses in place. Council Member Boyd asked if lights could be added at Locust that would allow traffic off S. Locust to get northbound without creating additional stacking problems for other traffic in the area. Clark replied that an additional signal would cause additional stacking problems. Council Member McAdams did not feel that the approach to the problem was to close the streets. The area had possibilities for more extensive commercial possibilities. She suggested that the entire area be looked at and even if the money was not available to do the entire project at once, projects be started as money became available. Council Member Gorton left the meeting. Council Member Hopkins felt that Myrtle must be closed but allow ingress in the area. Daugherty was not a big issue with her and would agree to the general consensus of the others. At this point, Council needed to go with the Planning and Zoning Commission and the Citizens Traffic Safety Support Commission's recommendation to allow a right turn only at Locust .and Eagle. A left turn could not be allowed there until something else could be done regarding signalization at Bell and Eagle. Council Member Boyd felt that the street needed to be kept open and not signalize Locust at this point. Mayor Pro Tem Ayer felt that Locust should be kept open at this time. There might be other alternative developments in the future. Consensus of the Council was to place the item on the next regular meeting for consideration. City of Denton City Council Minutes November 7, 1989 Page 11 253 B. The Council held a public hearing and Considered adoption of an ordinance providing for a change from Multi-family One (MF-1) and General Retail or Single Family Seven (SF-7) to Light Industrial (LI) on approximately 21.9725 acres of land. (The Planning and Zoning Commission recommended approval.) Z-89-016 The Mayor opened the public hearing. Allen Williams, representing the County of Denton, stated that a 400' radio tower would be built on the site. The purpose of the tower was to support antenas for a county-wide emergency public safety system for police, fire and EMS. No one spoke in opposition. The Mayor closed the public hearing. Elizabeth Evans, Planning Administrator, stated that this was a petition from the County of Denton requesting a zoning change. She showed slides of the area where the tower would be placed. The property north of the site was zoned general retail with an · existing use. The property to the south was zoned light industrial and Single Family Seven where the Animal Control Center was located. The Planning and Zoning Commission recommended approval. Council Member McAdams expressed concern regarding the light industrial classification. She did not have a problem with the tower but was concerned with what else might develop under light industrial. She would like to see perhaps a specific use permit to allow the tower but would not change the tract to anything that was light industrial. Evans replied that the lowest intense zoning the City had that would allow the height limit for the tower was light industrial. A specific use permit would not allow enough height for the tower. There was a vacant piece of property between the jail-and the detention center and a vacant piece of property between the detention center and the animal control center. Council Member Alexander asked if a planned development would have the proper zoning. Evans replied yes. Council held a discussion regarding light industrial zoning versus other types of zoning for the area. 254 City of Denton City Council Minutes November 7, 1989 Page 12 Hopkins motioned, Stephens seconded to adopt the ordinance. Council Member Alexander stated that he was uncomfortable voting for the motion in its present form. He was looking for an option, perhaps to refer back Planning and Zoning for further consideration. He asked about the timing situation for the tower. Williams replied that they were ready to being the installation of the tower. Delaying would delay putting the system on the air which would cause problems with a mandate from the Federal Communications Commission which required them to have a certain amount of construction done by a particular date. He stated that all the current vacant property would be used for expansion of the law enforcement center. Frank Robbins, Executive Director for Planning, stated that this could be an interim zoning for the tower and a planned development could be done later for the other property. Boyd motioned, McAdams seconded to postpone the item until the next regular meeting. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance providing for a change from Multi-Family One (MF-1) to Office (O) for the Owsley Park Addition, Lots 1 and 2, Block 9. (The Planning and Zoning Commission recommended approval.) Z-89-013 The Mayor opened the public hearing. David Hillary stated apartment complexes. a chiropractic clinic. that .the area was oversaturated with He was requesting office zoning to build David Martin requested approval of the request. He felt that it would upgrade-the neighborhood. The Mayor closed the public hearing. Elizabeth Evans, Planning Administrator, stated that the p~operty was located at ~he sou~neas~ corner of Bonnie Brae and Charlotte Streets. The surrounding land use was zoned multi-family. The following ordinance was considered: City of Denton City Council Minutes November 7, 1989 Page 13 255 NO. 89-150 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY (MF-1) TO OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR LOTS 1 AND 2, BLOCK 9, OWSLEY PARK ADDITION, LOCATED AT THE SOUTHEAST CORNER OF BONNIE BRAE AND CHARLOTTE STREET, AS MORE PARTICULARLY DESCRIBED HEREIN: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D. The Council held. a public hearing and considered adoption of an ordinance amending Article 17, Signs, Appendix B, Zoning of the Code of Ordinances to provide for amended setback requirements for signs. (The Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director for Planning, stated that this would be a narrow amendment to the sign ordinance. The amendment would allow the existing supporting structure of a ground sign to be used for a new sign, regardless of its setback, in most cases; and added an internally illuminated sign standard of 200 feet. The following ordinance was considered: NO. 89-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REGULATIONS OF CHAPTER 17 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES TO PROVIDE FOR AMENDED SETBACK REQUIREMENTS FOR GROUND SIGNS; PROVIDING FOR AN EXCEPTION TO THE SIDE AND REAR YARD SETBACK REQUIREMENTS FOR SIGNS PLACED ON EXISTING SUPPORTING STRUCTURES: AMENDING THE SETBACK REQUIREMENTS FOR CERTAIN SIGNS IN PROXIMITY TO RESIDENTIAL USES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. 256 City of Denton City Council Minutes November 7, 1989 Page 14 Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried'unanimously. E. The Council held a public hearing and considered adoption of an ordinance amending Article 4.04 of Division I of Chapter IV of Appendix A, Subdivision and Land Development, of the Code of Ordinances to provide that no sidewalks shall be required for developments along certain Airport runways. (The Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. W. D. Hill stated that he was not a developer but rather associated with a group of individuals with a common interest. The intent was to pursue national historic recognition for the airfield. There were three critical points to the development: (1) the authority to build and maintain private roads on the airfield. They would conform with the historical appearance of the 1930's-1940's. They would be well constructed and well designed. The private roads would allow them to pursue the national historic recognition and would provide security for the airfield. (2) a release from the need to have each lot in physical contact with a public road. (3) a strong indication of support from the Council. George Turtle stated that Hartlee Field already existed as a private airport and they would like to keep it as such. He reviewed the flight plan for the area and the runway construction. By-laws had been written for the residents. Rita Holcomb, a member of the Historic Landmark Commission, stated that the Commission had reviewed the proposal and gave it strong support. Mary Keasler stated that the site was perfect for their home. It was a low key area for their vintage aircraft. There would be no commercial operations. By-laws had been written with strict flying restrictions. Council Member Boyd expressed a concern about fire protection on a private road. Hill replied that accident/fire emergency trucks could enter on the runway with prompt access to the hangers/homes on either side. City of Denton City Council Minutes November 7, 1989 Page 15 Buddy Cole, County Commissioner of Precinct One, stated that he would like to see this unincorporated area of the County improved. In order to get a historic designation, the roads needed to remain in as historic condition as possible. He felt the demands of the City for five inches of lime stabilization and five inches of asphalt would kill the project. Mayor Stephens left the meeting. No one spoke in opposition. The Mayor Pro Tem closed the public hearing. Frank Robbins, Executive Director for Planning, stated that the Planning and Zoning Commission recommended approval of a bracket law that would enable the development to not build sidewalks in the Hartlee Field area. It was not recommending the development be exempted from the requirements to build streets to City specifications. The Commission had a problem · in making a distinction between a 26 unit subdivision which had a runway and a 26 unit subdivision which did not have a runway. The standards for those types of developments should be the same. It also had a concern about setting a precedent regarding bracket law legislation. Council Member McAdams stated that the extent of the change was to not require the sidewalks but all other subdivision rules and regulations would apply. Robbins replied yes that street requirements then drafted. if the Council wanted to exempt the a new ordinance would have to be Council Member Alexander asked how the request for gravel roads would be affected if the Council approved the ordinance as presented with the recommendation from Planning and Zoning. Robbins replied that they would need to build to City specifications and standards. They would not be able to build gravel streets even if they were private streets. Council Member Alexander asked to what extent did the Planning and Zoning Commission discuss that alternative. Robbins replied that they did discuss it at some length. The issue for them was what was the difference between that kind of subdivision and one that did not have a runway. 257 258 City of Denton City Council Minutes November 7, 1989 Page 16 Council Member Hopkins asked if the development did not have gravel roads would it preclude them from obtaining historical designation. Robbins stated that it would not preclude them from receiving the historical designation. What would be designated would be those structures or the runway that would be historic. Having paved roads would not detract from the buildings in the area being designated on a national historic landmark. Mayor Stephens returned to the meeting. Council Member Hopkins asked for a reply from the petitioners regarding historic designation. W. D, Hill stated that he was not sure Robbins would like to invest $200,000 in a home with the hope that it might be designated. His information from the historic group was that it would not be all right to have paved roads. He asked why the ordinance would have to be rewritten and passed at another meeting instead of changing it at the present meeting. He stated that if the 15 families involved were asked to put between $2 million and $3 million in homes, they had to have the assurance of the City of Denton that nothing would be done that might compromise the opportunity to establish a national historic site that was recognized by the Federal, State, County and City government. Council Member Alexander asked what the construction of the homes in the area would do to the historic designation. Hill replied that the State of Texas historical group provided an architectural group who would work with them to design homes that met their needs and which would maintain the historic appearance of the period. The homes and hangers would be compatible with the time. Mayor Pro Tem Ayer stated that there was nothing incompatible with paved streets and sidewalks in the 1930's and 1940's. He asked Mr. Hill what evidence he had that Mr. Robbins had incorrect information regarding the paved streets and historic designation. Hill replied that he had talked with the State Historical Commission, the City historical group, and County historical group. All had assured them that every effort needed to be taken to maintain the appearance of the time period in which the field established its reputation. City of Denton City Council Minutes November 7, 1989 Page 17 Lloyd Harrell, City Manager, stated that the ordinance that the Council had and that had been advertised for a public hearing was the recommendation made by the Planning and Zoning Commission. That recommendation was for a bracket law that excluded the sidewalk requirements from that particular development. If the Council agreed with the request of the petitioners and would like the bracket law expanded to include streets, that action would have to be advertised and an ordinance brought back. Hopkins motioned, Alexander seconded to refer back to the Planning and Zoning Commission with the recommendation to allow the development without paved streets and to readvertise as such. Council Member McAdams stated that she would not favor a proposal to allow gravel streets. She could not see any difference between this and any other project. She found it difficult to believe that putting down a paved street which existed in the 30's and 40's would preclude an area from obtaining the historical designation. City Manager Harrell stated that the Planning and Zoning Commission had thoroughly discussed the issue as presented by the petitioners and it was not necessary to send it back to the Planning and Zoning Commission. The legal staff and the planning staff could readvertise and redo the ordinance. Mayor Pro Tem Ayer stated that he was opposed to excepting the streets. He did not feel that requiring paved streets and sidewalks would jeopardize historical designation. A bracket law set a precedent and was a bad idea. He would reluctantly support the ordinance before him now. Commissioner Cole stated that he agreed there were paved streets and sidewalks in the 30's and 40's but Hartlee Field never was a city airport. It always was an urban airport. There was not enough traffic to maintain streets. Hopkins and Alexander withdrew their original motion and second. Hopkins motioned, Alexander seconded to postpone action until the next regular meeting and to direct staff to redraft the ordinance to allow exception for both sidewalks and paved streets and to readvertise as such. On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 4-2 vote. 259 260 City of Denton City Council Minutes November 7, 1989 Page 18 Consent Agenda McAdams motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~9976 - Water Works Improvements 2. Bid 91013 - Oak, Bryan, Fry Street Utilities 3. Bid ~1020 - Elevated Water Storage Tank Painting/Repair 4. Bid #1029 - Irrigation Supplies for Denia 5. PO %93337 - T. K. G. Equipment Rental Co. B. Plats and Replats Consider approval of the preliminary plat of the Putt-Putt Golf & Games Addition, Lot 1, Block A. (The Planning and Zoning Commission recommended approval.) Consider approval of the preliminary plat of the Searls Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommended approval with a condition as stated in the Staff Report). 8. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 89-152 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TH~ PURCHAS~ OF MAT~KIALS, ~QUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes November 7, 1989 Page 19 261 B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 89-153 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Hopkins questioned the awarding of a contract to Cajun Contractors, Inc. as the last time they bid a contract they were outside the State of Texas. John Marshall, Purchasing Agent, stated that Cajun now had an office in Dallas and did meet state requirements for an in-state company. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was considered: NO. 89-154 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 262 City of Denton City Council Minutes November 7, 1989 Page 20 D. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (Bid ~1000 - Suburban type vehicle) The following ordinance was considered: NO. 89-155 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance of the City of Denton, Texas, prohibiting the parking of vehicles on the south side of Cordell Street between Crescent and Fulton Streets. (The Citizens Traffic Safety Support Commission recommended approval.) The following ordinance was considered: NO. 89-156 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE SOUTH SIDE OF CORDELL STREET BETWEEN CRESCENT AND FULTON STREETS; PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE. Ayer motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption'of an ordinance of the City of Denton, Texas, providing for two-hour angle parking on a portion of the 14OO block of Oakland Street; and providing for a penalty not to exceed two hundred dollars for violations thereof. (The Citizens Traffic Safety Support Commission recommended approval.) City of Denton City Council Minutes November 7, 1989 Page 21 263 The following ordinance was considered: NO. 89-157 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TWO-HOUR ANGLE PARKING ON A PORTION OF THE 1400 BLOCK OF OAKLAND STREET; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED $200.00 DOLLARS FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance of the City of Denton, Texas, prohibiting the parking of vehicles on both sides of McKinney Street, from its intersection with Bell Avenue to its intersection with Janie Street, for a distance of 3,852 feet; providing a severability clause; and providing a penalty not to exceed two hundred dollars. (The Citizens Traffic Safety Support Commission recommended approval.) The following ordinance was considered: NO. 89-158 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING ~. THE PARKING OF VEHICLES ON BOTH SIDES_OF Mc~iinne~ St~eet'~~ . inverse_cicaDA% [f~Jit[1 3ar~le3 Street from its intersection with ~Bell AVe. to its ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Piner Street between Oak and Hickory Streets; providing a severability clause; and providing a penalty not to exceed two hundred dollars. (The Citizens Traffic Safety Support Commission recommended approval.) The following ordinance was considered: 264 City of Denton City Council Minutes November 7. 1989 Page 22 NO. 89-159 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF PINER STREET BETWEEN OAK AND HICKORY STREETS; PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance approving a contract with Freese & Nichols, Inc., for professional engineering services in connection with the Lake Ray Roberts off-site facilities, booster station and distribution system connections. (The Public Utilities Board recommended approval). Bob Nelson, Executive Director for Utilities, stated that this was an engineering contract for the booster station and the ground storage tank for the site off of Hartlee Field Road. It would include the booster pump, the tank and the installation of pipeline into the main system. This was an amendment to the original contract with Freese and Nichols. Mayor Pro Tem Ayer stated that the contract indicated that the maximum amount indicated would be in effect unless written authorization of the owners. Nelson replied that as long as the design aspects stayed within the preliminary proposed scope, the maximum amount of payment would remain the same. The following ordinance was considered: NO. 89-160 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT OF FEBRUARY 16, 1988 BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR LAKE KAY KOB~RT5 OFFSITE WATER TRANSMISSION FACILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes November 7, 1989 Page 23 J. The Council considered adoption of an ordinance reconsidering the non-cost shareable contract and escrow agreement between the City of Denton, Dallas, and the Corps of Engineers~ (The Public Utilities Board recommended approval). Bob Nelson, Executive Director of Utilities, stated that the Council had approved this contract in June of 1988. However, the Corps did not sign the contract before Washington changed the contract format. The City was now required to approve the contract again. The following ordinance was considered: NO. 89-161 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE U.S. ARMY CORPS OF ENGINEERS FOR ENGINEERING, DESIGN AND CONSTRUCTION OF NON-COST SHARABLE RECREATION FACILITIES AT RAY ROBERTS LAKE: AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. K. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing the payment of funds for completing consultant services as provided for in the agreement entered into with Mercer Meidinger Hansen. Lloyd Harrell, City Manager, stated that this was the second year of the pay/classification study. The funds were already in the current budget. The following ordinance was considered: NO. 89-162 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE PAYMENT OF FUNDS FOR COMPLETING CONSULTANT SERVICES AS PROVIDED FOR IN THE AGREEMENT ENTERED INTO WITH MERCER ME IDINGER HANSEN: AND PROVIDING AN EFFECTIVE DATE. Ayer motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 265 2 66 City of Denton City Council Minutes November 7, 1989 Page 24 L. The Council considered adoption of an ordinance approving a contract between the City of Denton and the Denton City County Day Nursery. (The Human Services Committee recommended approval). The following ordinance was considered: NO. 89-163 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. M. The Council considered adoption of an ordinance approving a contract between the City of Denton and Denton County Friends of the Family. (The Human Services Committee recommended approval). The following ordinance was considered: NO. 89-164 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. N. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs (SPAN); authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. (The Human Services Committee recommended approval). The following ordinance was considered: City of Denton City Council Minutes November 7, 1989 Page 25 NO. 89-165 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. O. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. (The Human Services Committee recommended approval). · The following ordinance was considered: NO. 89-166 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE- CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. P. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute Amendment No. 1 to an agreement between the City of Denton and Coopers & Lybrand, Inc. relating to professional consulting services. Tom Klinck, Director of Personnel, stated that this contract would assist the City with the Council request to project the cost, revenues, plan participants for an alternative prescription drug program and if feasible, to assist with contract review. The contract would also assist in monitoring run-off claims after the ending of the old insurance program. It would also include conducting a plan renewal analysis to assess the effectiveness of the Sanus program. 267 268 City of Denton City Council Minutes November 7, 1989 Page 26 The following ordinance was considered: NO. 89-167 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS & LYBRAND, INC. RELATING TO PROFESSIONAL CONSULTING SERVICES; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 9. Resolutions meeting. Item A. was not considered during the regular 10. Miscellaneous matters from the City Manager. City Manager Harrell did not have any matters for the Council. 11. There was no Executive Session during the Work Session. 12. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem Ayer requested a staff report on how much privatization the City of Denton was engaged in. 13. Executive Session The Council convened into the Executive Session to discuss legal matters (considered action in Denton County vs. City and In Re: F10w), .real estate (considered condemnation of a drainage easement on Brandywine Street), and personnel/board appointments (considered candidates on the Denton Central Appraisal District Board: considered appointments to the Animal Shelter Advisory Committee, Building Code Board, and NCTCOG Regional Transportation Council: considered appointments to the Lake Information Exchange Committee: continued annual performance evaluation of the Municipal Judge, City Attorney and City Manager. City of Denton City Council Minutes November 7, 1989 Page 27 269 The Council reconvened into open session and took the following action: The following resolution was considered: NO. R89-071 A RESOLUTION CASTING VOTES FOR MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT: AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Ayer seconded to cast 247 votes for Horace Brock and 216 votes for Jon Beck for the Denton Central Appraisal District Board. Moti'on carried unanimously. B. Hopkins motioned, McAdams seconded to appoint Bob Nelson, Archie Payne. Buddy Cole and Jerry Simmons to the Lake Information Exchange Committee. Motion carried unanimously. C. Alexander motioned, Boyd seconded to grant a 4% merit increase plus a deferred compensation payment to the I.C.M.A in the amount of $3,440 for the City Manager, $2,684 for the City Attorney and $1,842 for the Municipal Judge. Motion carried with a 5-1 vote with McAdams casting the nay vote. With no further business, the meeting was adjourned at 12:50 a.m. j~F~iN ~ ~R~rWJ%LTERS - (LV~Y SECRETARY · CITY OF DENTON, TEXAS 3201C EXHIBIT "A" CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: TO: FROM: SUBJECT: October 23, 1989 Mayor and City Council Frank H. Robbins, Executive Director Planning and Development ANALYZING THE DEVELOPMENT PROCESS Ptr~POSE The purpose of the work session is to review with the Council our most recent staff work with the Planning and Zoning Commission concerning the platting process. BACKGROUND In March 1989, the Council's strategic goals committee responsible for analyzing the development process reported to you that the following objectives and tasks should be undertaken: 1. Continue regulatory streamlining. 2. Consider eliminating Council from the plat review process. 3. Analyze the impacts of required regulatory procedures. Staff has been pursuing these tasks in the context of our re-write of the Subdivision and Land Development Regulations. Additionally, Senate Bill 1075 came into effect in August. substantially changes state subdivision law as follows: It Allows a city employee to approve, but not disapprove, plats with four or fewer lots on an existing street, and where extension '~f "municipal facilities" are not required. Changes notice for residential replats to owners in the "original subdivision" within 200 feet of the replat, regardless of the number of lots in the subdivision. Mayor and City Council October 23, 1989 Page 2 3. Gives replat protest "standing" to those within 200 feet of the replat. Authorizes the plat approving authority to approve protested plats (20% of those within 200 feet) by three-fourths vote, which eliminates the "66 2/3% rule." Staff held a work session with Planning and Zoning in August to discuss the platting process re-write, SB1075, and the goals committee's work. STREAMLINING AND ISSUES Streamlining the regulatory process simply means making it easier to understand and use, less time consuming, more efficient, and usually less costly for the public and private sector without decreasing appropriate and in-depth scrutiny. Three aspects of Texas platting laws related to steamlining are: 1. Approval of a plat is an administrative not a legislative act. 2. If a plat meets the requirements of the applicable ordinance, it must be approved. Final plats must be approved by the municipal authority within 30 days, if the Commission approves the plat; or 60 days, if the Council approves plats. Given the nature of plat decision making and the potential for shortening the existing process, the goals committee and Planning and Zoning are exploring the following issues. ISSUES 1. Plat decisions and plat variance decided by Planning and Zoning, only. Currently Council approves preliminary plats, variances to the Subdivision and Land Development Regulations, and replats. 2a. Allow submission of the preliminary and final plats at one time for all plats on a voluntary basis by the subdivider; or 2b. Allow the Development Review Committee to approve preliminary plat~, 3. Allow staff approval of minor subdivisions in accordance with SB1075. Planning and Zoning and staff have agreed that not all large or intensive four lot plats should go without public review by Planning and Zoning. Temtative parameters discussed by the staff would allow staff approval of four lot plats that are five acres or less in size, unless the four lots were all single family; and that the subdivision would not generate more than 5,000 vehicle trips per day. Mayor and City Council October 23, 1989 Page 3 Replats that require public hearings are required, regardless of the number of lots, still have to be reviewed by the municipal authority that approves plats. Not require platting for a single parcel not being subdivided, which was subdivided before Denton adopted subdivision regulations, or before Denton's subdivision regulation became effective in the ETJ; if basic water, sewer, and street improvements are adequate. Platting and exaction standards for existing development. Redevelopment incentives. THERE-WRITE PROCESS The Subdivision and Land Development Regulations are being re-written section by section. Last year we adopted a new street, sidewalk, and parking lot section. A Planning and Zoning Committee is now working on the drainage section. As the drainage section reaches its final phases, a new process section will be presented to Planning and Zoning for their review and recommendation to Council. ATTACHMENTS SB1075 Flat Flow Chart Replat Flow Chart 2741s