Minutes January 15, 2002CITY OF DENTON CITY COUNCIL M1NUTES
January 15, 2002
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 15, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall.
PRESENT:
Mayor Brock; Mayor Pro Tern Beasley; Council Members Burroughs, Fulton,
McNeill, Phillips, and Redmon.
ABSENT: None.
1. The Council considered requests for clarification of consent agenda items listed on the
consent agenda for today's City Council regular meeting of January 15, 2002.
Council Member McNeill asked if Item #9 would be granting a full variance.
Ed Snyder, Deputy City Attorney, replied that a full variance was the Planning and Zoning
Commission' s recommendation.
Council Member Burroughs asked about Item #6 and why there was only one bidder.
Tom Shaw, Purchasing Agent, stated bids had been sent to six companies but that only one
response had been received. He stated they were requesting an electronic meter reading system
that would replace the present antiquated system.
2. The Council received a report, held a discussion, and gave staff direction regarding the
draft Development Code.
David Hill, Assistant City Manager of Development Services, stated that additional information
from residents on Bonnie Brae and the Denton Merchants Association had been distributed to the
Council.
Hill stated that a meeting had been held with the Chamber Committee regarding the Special
Exceptions Section.
Ed Snyder, Deputy City Attorney, stated that the Special Exceptions section of the Code would
give a Special Exception designation to any lots, structures, and uses of land and structures to
allow the property to be used in the same or similar manner as allowed under the prior
development regulations.
Snyder stated that there were some restrictions to the Special Exceptions. A land use could
expand within the same lot, but expansion of a Special Exception onto an adjoining lot would
require approval of the City Council using the Zoning Amendment Procedure. A building could
be expanded by following the Expansion requirements in Subchapter 12. A building or site
could be rebuilt as is after being destroyed partially or totally except for voluntary demolitions.
Council Member Redmon wanted to know how long the appeal process would take.
Doug Powell, Director of Planning and Development, stated that it would depend on each
individual case, but it might have to go before the Zoning Board of Adjustment or the Planning
and Zoning Commission or the City Council. It could take up to 60 days.
City of Denton City Council Minutes
January 15, 2002
Page 2
Council Member Redmon suggested that the Planning Staff meet with the Denton Merchants
Association to look at their issues.
Council Member McNeill felt the Council had addressed the issues that some citizens had
regarding the Code.
Council Member McNeill felt another issue they needed to discuss was accessory dwelling units
under the Permitted Uses. He felt that they should be taken out of the Code.
Doug Powell, Director of Planning & Development, stated that accessory dwelling units could be
allowed with limitations but a Specific Use Permit (SUP) would be required.
Powell stated that accessory dwelling units could be attached or detached.
The Council agreed to allow accessory dwelling units in the Code with an SUP.
Council Member Burroughs wanted to discuss the issue of parking areas being located behind
buildings or on one or both sides and not between the buildings and the streets for non-residential
buildings.
Powell stated that the Council could allow parking areas in front of buildings along the interstate
and add a provision that there be a minimum fifteen foot additional landscape area required
along parking areas in front of buildings.
Consensus of the Council was that was acceptable along the interstate because the interstate was
not pedestrian friendly.
Regular Meeting of the City of Denton City Council on Tuesday, January 15, 2002 at 6:30 p.m.
in the Council Chambers at City Hall.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
flags.
PROCLAMATIONS/PRESENTATIONS
2. Mayor Brock presented the January Yard of the Month Awards:
Linda King and Ed Hall
Kristi & Adam Galan
Steve Enfinger
Mike White
Ray & Eloise Sears
B. Lorraine Wilson
Don & Charlotte Beebe
North Star Bank of Texas
City of Denton City Council Minutes
January 15, 2002
Page 3
3. City Manager Mike Conduff presented recognition of staff accomplishments.
CITIZEN REPORTS
4. Ross Melton regarding Code Enforcement, the Development Code, and related issues.
Mr. Melton stated the Council could simplify development in Denton by eliminating the laws,
leaving the old zoning in place with the new zoning, and completely eliminate the zoning in an
area as a test program.
CONSENT AGENDA
Burroughs motioned, Redmon seconded to approved the Consent Agenda and accompanying
ordinances. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips
"aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously.
5. NO. 2002-031
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH FREESE AND NICHOLS,
INC., FOR THE DESIGN AND DEVELOPMENT OF MAJOR WATER
TRANSMISSION LINES (36-INCH AND 42-INCH) TO CONNECT TO THE 54-INCH
LAKE RAY ROBERTS WATER TRANSMISSION LiNE AS SET FORTH IN THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2777 -
PROFESSIONAL SERVICES AGREEMENT FOR 36 INCH AND 42 INCH
TRANSMISSION LINES AWARDED TO FREESE AND NICHOLS, INC., FOR A
TOTAL ESTIMATED AMOUNT OF $233,249).
NO. 2002-032
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF AN ELECTRONIC METER
READING SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2770 -
ELECTRONIC METER READING SYSTEM AWARDED TO ITRON, INC., IN THE
ANNUAL AMOUNT OF $54,202).
NO. 2002-033
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING THE FIRST AMENDMENT TO THAT AGREEMENT BETWEEN THE
CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING
CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FIRST AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
NO. 2002-034
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
City of Denton City Council Minutes
January 15, 2002
Page 4
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS
FOR USE OF CDBG FUNDS TO MAKE IMPROVEMENTS AT COUNTY DENTAL
CLINIC FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
9. Anderson Addition. The 8.4-acre property was generally located along the southeast side
of Hartlee Field Road approximately 4,322 feet from Sherman Drive. The property was located
in the extra-territorial jurisdiction of the City of Denton. A three lot single-family subdivision
was proposed.
a. Approved an exaction variance from Section 34-114(5) of the Code of Ordinances
concerning perimeter paving. The Planning and Zoning Commission recommended approval of a
full variance (6-0). (F01-0028)
b. Approved an exaction variance from Section 34-114(17) of the Code of
Ordinances concerning sidewalks for Lots 1, 2 & 3, Block A of Anderson Addition. The
Planning and Zoning Commission recommended approval of a full variance (6-0). (F01-0028)
c. Approved a variance from Section 34-116 of the Code of Ordinances concerning
the construction of a waterline and fire hydrants for the proposed Anderson Addition; Lots 1, 2,
& 3. The Planning and Zoning Commission recommended approval (6-0). (F01-0029)
10. Approved a variance from Section 34-114(17) of the Code of Ordinances concerning
sidewalks for the Alex Robertson Addition. The 0.4-acre property was generally located on the
north side of Ruth Street approximately 80 feet from the intersection with Cook Street. The
property was zoned Multiple Family Dwelling District (MF-1). A one lot single-family
subdivision was proposed. The Planning and Zoning Commission recommended approval (6-0).
Wo/-oo3o)
11. NO. 2002-035
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ABANDON A PORTION OF MARTIN STREET AND EXECUTE A QUIT CLAIM
DEED TO HABITAT FOR HUMANITY FOR A 0.078-ACRE TRACT, LOCATED IN
THE A. HILL SURVEY, ABSTRACT NUMBER 623, DENTON COUNTY, TEXAS;
AND PROVIDING AN EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
12. The Council considered approval of a resolution approving a Residential Project Plan for
Lexington Park South. The 38-acre property was in a One Family Dwelling (SF-10) zoning
district generally located on the west side of Teasley Lane approximately 2,200 feet south of
Robinson Lane. A 78 single-family residential subdivision and three open space lots were
proposed. (SPO0-O017)
Marty Brown, Valdese & Associates, spoke regarding the proposal.
The following resolution was considered:
City of Denton City Council Minutes
January 15, 2002
Page 5
NO. R2002-001
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A
RESIDENTIAL PROJECT PLAN FOR LEXINGTON PARK SOUTH, IN A ONE
FAMILY DWELLING (SF- 10) ZONING DISTRICT, BEING AN APPROXIMATELY
38 ACRE SITE GENERALLY LOCATED ON THE WEST SIDE OF TEASLEY LANE
APPROXIMATELY 2,200 FEET SOUTH OF ROBINSON LANE; AND PROVIDING
FOR AN EFFECTIVE DATE. (SP00-0017)
Beasley motioned, McNeill seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carried unanimously.
13. This item was not considered.
14. New Business
Council suggested the following items of New Business for future agendas or for information
from the City Manager.
A. Council Member Redmon asked how he was to handle complaints from city
employees regarding policies or lack of policies.
City Manager Conduff stated that those employees should be directed to the City Manager's
Office and the matter would be handled there.
15. Items from the City Manager
City Manager Conduff did not have any items for Council.
16. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
17. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
The regular meeting was adjourned at 6:55 p.m. and the Work Session reconvened at 7:10 p.m.
Doug Powell, Director of Planning and Development, stated there were three remaining issues:
Environmentally Sensitive Areas, Arterial streets, and Mapping issues.
Powell stated that the Chamber had asked that nonresidential and mixed use buildings along
secondary arterials in industrial areas be exempt from the building design standards.
The Council agreed that buildings adjacent to a secondary arterial could have 50% metal.
Environmentally Sensitive Areas were discussed.
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January 15, 2002
Page 6
Consensus of the Council was that the Upland Habitat Area on the map would consist of tree
stands a minimum of 10 acres.
The Council considered the remaining mapping issues as indicated on the attached chart.
Mayor Pro Tem Beasley stated that she did not feel the Council should be making changes to the
map and that the property owners should go thru the process that had been established.
Dave Hill, Assistant City Manager of Development Services, asked the Council for direction on
what issues they still wanted to discuss and whether they wanted to have another work session.
Council Member McNeill stated that they did not need to discuss any more mapping issues but
needed to cover some text issues.
Consensus of the Council was to have another work session on the Development Code on
January 28 at 5:00 p.m.
With no further business, the meeting was adjourned at 9:40 p.m.
EUL1NE BROCK, MAYOR
CITY OF DENTON, TEXAS
JANE RICHARDSON
ASST. CITY SECRETARY
CITY OF DENTON, TEXAS