Minutes November 11, 1997CITY OF DENTON CITY COUNCIL MINUTES
November 11, 1997
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a closed meeting on Tuesday, November 11, 1997 at 5:15 p.m. in the Council Work
Session Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. Closed Meeting:
A. Conference with Employees -Under TEX. GOV'T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
Work Session of the City of Denton City Council on Tuesday, November 11, 1997 at 6:00 p.m. in the
City Council Work Session Room at City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson,
Cochran, Young and Durrance.
ABSENT: None
1. Presentation by Rick Chellman regarding local roadway systems.
Dave Hill, Director of Planning and Development, stated that Mr. Chellman was working on new
street guidelines. His presentation was one in a third of a series which the Council agreed to hold. Mr.
Chellman would present ideas on what was the current professional thought on transportation concepts
and what other cities were doing.
Mr. Chellman stated that there were a wide range of issues in the transportation field. He presented a
slide presentation showing different types and features of roads for various means of transportation.
He felt that conflicts should be resolved in favor of non-vehicular users of the street when dealing with
traffic congestion.
Council Member Cochran asked how to introduce new ideas when there was a market which dictated
a traditional style of development. What type of ordinance was needed.
Chellman stated that a possibility was to adopt a separate ordinance which would encouraged other
types of development and would leave the existing types in place. Another way was to vary the
process.
Mayor Miller asked about attempting to change vehicular movement through the use of speed limits.
Chellman stated that if a street were created with the experience of a lower speed limit, drivers would
use it in that fashion. He felt that neighborhood streets should be 20 miler per hour.
Council Member Cochran asked if lane width was used as a technique for calming traffic.
Chellman replied correct that lane width could be one technique to calm traffic.
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November 11, 1997
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Rudy Moreno, Planning and Development Commissioner, asked how such techniques would be
marketed to the general public.
Chellman stated that that was dependent on how much the community and citizens were involved.
Such techniques were not for everyone everywhere but other options might be preferred by citizens.
Hill asked how communities with narrow street widths dealt with access for emergency vehicles.
Chellman stated that that was a design for a specific solution. Emergency vehicles could be provided
for in a number of ways. Most of the time there was non-emergency conditions and such wide streets
were not needed. A street could be designed which would reduce speeds. Speed humps or cushions
were designs that drivers did not speed over. If a mixed use community were created, the reality at the
beginning would be that people who lived there would not work there but over time that condition
would change.
2. The Council received a report, held a discussion and gave staff direction on small area plans.
Dave Hill, Director of Planning and Development, stated that the origin of this proposal dealt with a
structured framework. This was an opportunity to recognize unique factors which might not be city-
wide but relative to a certain geographic area. Small area sections would look at unique factors in
different areas. While small area planning was not ready to be used in the City, this plan would develop
an idea of how it would be used for specific purposes in the City. Staff was recommending that no
small area plans to initiated that could be addressed by the upcoming Comprehensive Plan process.
This would be a plan in place for future development. The small area plans would be adopted by
resolution so that Council could maintain flexibility and the plans could be amended without a great
deal of difficulty. A large part of the process was citizen participation. This presented an opportunity
to work with individuals most affected by planning activities. This was a way of giving citizens a voice
in the development of their neighborhood.
Council Member Beasley felt that this whole idea was great. She asked if in a hypothetical situation
where perhaps the School District wanted to build a school in a location which was not very good,
would this type of planning help with infrastructure problems.
Hill replied that this was not meant to force other entities to enter into this type of relationship.
Council Member Beasley stated that participation by citizens would be very good throughout the
process. It would bring more people into the system.
Council Member Cochran felt that this was a good idea. It would allow for diversity throughout the
community with different solutions for different situations. He suggested including mentioning specific
neighborhoods.
Hill stated that it might be better to complete the Comprehensive Plan first and then work on specific
neighborhoods. That would reduce the number of issues which had to be addressed at the small area
plan consideration.
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Council Member Durrance stated that the process would be to develop the Comprehensive Plan and
then work on small area planning.
Hill stated that the Comprehensive Plan would identify small area candidates.
Council Member Durrance agreed that citizens should be involved as much as possible. He asked if
citizens could begin to contact the Planning Department to begin to target small planning areas.
Hill replied yes that the process would start with a public review period about specific problems to
address. The intent was to return to Council with a list of candidates for review. The process would
start with the Comprehensive Plan and then incorporate small area planning.
Council Member Durrance stated that each area of the City could have a set of concerns which would
work well with small area planning.
Council Member Kristoferson stated that the Denia area might be a perfect area to work on small area
planning.
Mayor Pro Tem Brock stated that small area plans would be a major part of solving the problem of
having mixed use developments. Small area development was not as threatening to the residents.
Hill stated that regulations need to be adopted for a specific area such as public improvements. That
needed to be stated in some type of ordinance.
Mayor Miller asked if small area planning superceded the zoning already in place.
Hill stated that a small area plan might need to change an ordinance. An ordinance might be needed
with performance standards to make sure certain development happened. Anytime a better indication
was given to an investor of what was wanted in a community, there was a better assessment of risk he
would have if he invested in the community.
Consensus of the Council was to move ahead with small area planning after the completion of the
Comprehensive Plan.
3. The Council received a report, held a discussion, and gave staff direction regarding
thoroughfare corridors (overlay districts).
Dave Hill, Director of Planning and Development, stated that this topic was one which was reserved
for implementation as quickly as possible. The other topics included scenic corridors, mandatory park
dedication, landscape ordinance amendments and overlay districts. There was no draft document at
this point in time as this was a complicated issue and staff wanted instruction from Council before
proceeding. This was a regulatory tool which could be used for a number of purposes. Denton already
had some types of these districts such as the Oak-Hickory Historic District. There was a general
feeling that the City's corridors might be cluttered with no plan on how the corridors should look to
those passing through Denton. The outline included in the agenda back-up materials showed kinds of
considerations which were important.
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Mayor Pro Tem Brock asked if the visual quality assessment would deal with internal entranceways off
major corridors or special entranceways to area of the City such as an entrance to UNT.
Hill stated that a through inventory process would go through a normal classification system and
include special areas for consideration. There might be some areas of importance in the community
which were internal which needed to be identified from the beginning.
Council Member Young asked ifa task force needed to be formed for this type of issue.
Hill stated that the preference would be to define a statement of intent.
Council Member Young felt that this was such an important issue that a citizen task force was needed
for input. It was important to find out what the citizens wanted and not just the Council.
Council Member Kristoferson stated that during the public input process there was a survey instrument
to be used by those in attendance to provide input in these areas.
Mayor Pro Tem Brock stated that were many ways to hear about public involvement but that the
Council ultimately would have to make the decisions. A task force might not be the best method for
this issue.
Council Member Young stated that a task force would only make a recommendation to the Council.
This was too big an issue for only the Council to decide as they would be telling individuals what they
could and could not do with their property. Public input was needed on this issue.
Council Member Durrance felt that there were several areas to look at but ultimately a plan had to be
approved by Council. Council would be responsible for the ordinance passed. He suggested
proceeding with the plan as proposed.
Hill asked if Council wanted staffto begin such research as needed for the Comprehensive Plan.
Council Member Durrance suggested focusing on both at the same point in time as the comprehensive
plan would overlap with the development plan. This would avoid duplication of effort and would
provide for economy of work.
Mayor Pro Tem Brock stated that she would like to have a presentation on a variety of aesthetic
regulations available in the metroplex. That would give some useful ideas about how these ideas
worked and what were the results.
Council Member Kristoferson stated that this was not only an aesthetic issue but that it also pertained
to traffic safety and enhancing property values around that development. She would like to see some
type of instrument from individuals incorporated in this to receive their preferences for Council
consideration.
Council Member Young stated that an overlay district was perceived as anti-business like the impact
fee and mandatory park dedication. All of it drove up the cost which a developer had to pay for
developing property. There was a need for citizen input on this issue through a citizen task force.
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Without it, Council would be telling individuals what they could and could not do with their property.
A task force with recommendations to Council would be better accepted in the community. This was
anti-business and growth was already behind what it was last year. Word was getting out that Denton
was anti-business. The sales tax was also down due to Denton's anti-business message.
Mayor Miller stated that the sales tax was up in October, not down. Council was not talking about not
being able to build a certain type of building, only discussing where those types of building could be
placed. Council was discussing certain corridors along areas in the community. He supported the idea
of overlay districts but it was a very complex issue. He would like to move forward with the
Comprehensive Plan but he not sure there was enough information about overlay districts to take it to
the public at the same time with the Comprehensive Plan. He was concerned that if this were done at
the same time, it would be too much for the community to digest and for Council to consider.
Council Member Kristoferson stated that these should go out together in order to gather public input at
the same time. Once the building were built, they were there indefinitely. Current zoning could allow
incompatible zoning next to these structures.
Hill felt that specific projects might take attention away from the policies and felt that the policies
should receive the most attention. Part of the plan could be streets or overlay districts. This could be a
major element in the Comprehensive Plan and the process could be started early next year.
Council Member Durrance felt that it might be possible to get behind on this issue if it were not done in
conjunction with the policies. The City would have to cooperate with the State if an overlay district
were done on State highways. He asked how soon that would have to be in place.
Rick Svehla, Deputy City Manager, stated that a proposed plan could always be presented to the State.
It would depend on how much the City had to contribute to the participation cost. Anything over
standard would have to be paid for by the City with upfront money.
Council Member Beasley felt that citizen participation was needed in the project. There was a need to
go through the process similar to the comprehensive plan to make sure everyone had equal access to
the process. She was also concerned about losing the window of opportunity of when these could take
place. She was not sure on how to proceed except that she felt the Comprehensive Plan was one of the
most important issues the Council was going to deal with in the next 10 years. She suggested
modifying the procedures of receiving information through the Comprehensive Plan to get more citizen
feedback. Modify the approach with the Comprehensive Plan process but not make overlay districts a
separate item but have on priority list of the Comprehensive Plan.
Hill stated that a suggested approach would be to not just do overlay districts but prioritize those roads
which needed more attention in the beginning. This could be done faster in the Comprehensive Plan.
Mayor Pro Tem Brock suggested proceeding specifically looking at regulations in the metroplex and
thinking in terms of looking at instruments for visual preference surveys. This could be done while
maintaining the comprehensive planning process.
Council Member Kristoferson stated that Denton was not leading the process but rather was behind in
many issues. This would send the message that Denton was taking pride in the appearance of the
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community.
Mayor Miller stated that there were time sensitive issues, issues which changed every day. The
community was moving ahead every day. Development was coming and these issues needed to be
resolved before development was in progress.
Consensus of the Council was to proceed with the Comprehensive Plan while at the same time
pursuing overlay districts with presentations on issues and visual perception issues.
4. The Council received a report, held a discussion, and gave staff direction regarding private on-
site sewage systems within the City of Denton.
Howard Martin, Assistant City Manager for Utilities, stated that trends were developing in this area
which needed to be considered by the Council. These private on-site sewage systems were commonly
known as septic tanks or septic systems. There were concerns and problems with this type of
development which dealt with developments not having access to City facilities. The trend was that
approved subdivisions outside the City's service system would develop on private systems. This
presented concerns about the impact on water quality and public health. Two types of on-site sewage
facilities were the conventional treatment systems which dealt with a drainfield, graveless pipe. Surface
irrigation systems used aerated treatment of the wastewater followed by chlorine disinfection of the
treated water. After disinfection, the treated water was sprayed onto the surface of the ground. When
this water was sprayed from sprinkler heads, and if there was sufficient wind, there was a very high
likelihood that an aerosol spray would be created. If the disinfection system was not properly
maintained, there was a great potential for aerosol contamination. In high-density neighborhoods,
surface irrigation systems had the potential to create serious health problems. Concerns about aerobic
treatment systems with surface irrigation included design, lot size, property line set backs, sprinkler
heads, chlorination system, system maintenance, aerosols, and public health. The proposal was to only
use this system on one and a half acre lots and not any smaller. This type of system also had a potential
impact on the Environmental Services Division with manpower, tracking and data collection,
laboratory testing, inspections, monitoring, enforcement, and citizen complaints. Recommendations
for on-site sewage facility development were listed in the position paper included in the agenda back-up
materials.
Council Member Cochran asked how many systems currently existed in the City limits.
Martin stated that there were approximately 20 inside the city limits. There had been an increase in the
number of systems and all were aerobic with irrigation systems.
Council Member Beasley asked if the City had to allow this type of system.
Martin replied that it was an acceptable system for on-site disposal and that there would be much
opposition to not allowing this type of system.
City Attorney Prouty stated that it would be hard to stop allowing this type of system due to
regulations.
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Council Member Beasley asked if the City could force the homeowner to sign a release of harm by the
City if a system were not maintained.
City Attorney Prouty stated that it would be possible to put in regulations or have the irrigated water
meet certain standards.
City Manager Benavides stated that it might become another code enforcement issue and that some
citizens would not be responsible in maintaining the system.
Council Member Kristoferson stated that in 15-20 years this could possibly create another infill
problem when these systems failed. She would encourage development to hook onto the City's system
in the beginning. If the Council proceeded with the recommendations from the Public Utilities Board,
it might impact on development not yet started.
Martin stated that economics dictated what was more economical to a subdivision which might be
several miles from the City's system.
City Attorney Prouty stated that problems started when the City required connecting to its system
without impact fees. The City could not impose a charge to extend off-site lines and the City would
have to pay for all or most of those off-site extensions. That would be a tremendous financial impact
on either the developer or property owner to pay.
Martin stated that these were systems located only inside the City limits. This was taking the TNRCC
regulations and making them more stringent. The County had control over systems outside the city
limits in the ETJ.
Council Member Kristoferson asked if the City proceeded with this proposal could it require already
approved developments to meet requirements.
City Attorney Prouty stated that there were issues with respect to a concern on these systems for
maintenance and could probably enact strict regulations for control. It would be more difficult to
prohibit these systems altogether than to place strict regulations on the systems.
Martin stated that the City could implement these changes but probably could not change lot sizes in
already approved developments. The development could be made to adhere to the regulations. The
intent would not to be to install irrigation systems on already platted lots but to increase the
requirements for future lots.
Mayor Miller asked if the restrictions would be phased in.
Martin stated that the system design, testing and monitoring could be put into place immediately.
City Attorney Prouty stated that it would be possible to regulate to take away all or most of the danger
of the system.
Council Member Cochran stated that he would like to see the differences between the County's
regulations and the proposed city regulations.
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Consensus of the Council was to receive a recommendation from the Public Utilities Board as quickly
as possible for Council consideration.
5. The Council received a report, held a discussion, and gave staff direction regarding free citizen
disposal at the solid waste landfill.
Howard Martin, Assistant City Manager for Utilities, stated that this had been a request of Council.
Staff was suggesting a free disposal period over a week instead of only one day to avoid overloading
the capacity of the landfill while ensuring safe, efficient service. It was also suggested to postpone such
a period until the new site was in operation so that there would be no additional volumes over what
was normal. A limit would be set for 5-10 cubic yards for disposal and no tires without a charge. Also
no household hazardous wastes would be accepted and all loads would have to be tarped as was now
required.
Council Member Cochran stated that this had been his suggestion and he agreed with all of the staff's
suggestions. He felt this whole idea was to help someone clean up his yard. He suggested
coordinating the event with something Keep Denton Beautiful was doing.
After Council discussion, the consensus was to refer this proposal to the Keep Denton Beautiful Board
for recommendations on how to coordinate it with one of their events and then to hold this event once
to see if it was financially reasonable.
With no further business, the meeting was adjourned at 10:17 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS