September 02, 2014 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
September 2, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 2, 2014 at 11:30 a.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Gregory, Council Member Hawkins, Council Member Johnson,
Council Member Roden, Council Member Ryan, and Mayor Watts.
ABSENT: Mayor Pro Tem Engelbrecht.
1. Work Session Reports
A. ID 14-0467 Receive a report, hold a discussion, and give staff direction on the
operations, procedures, policies and regulations of the Historic Landmark
Commission related to: Strategic Direction and goals of the Historic Landmark
Commission; the City Council Ad Hoc Committee on Historic Preservation;
Suspension of work for violations of Certificates of Appropriateness; Expiration of
Certificate of Appropriateness; Notification of Designated Historic Property at time of
Sale or Deed Transfer; and the Procedure for removal from a historic/conservation
district.
Brian Lockley, Director of Planning and Development, stated that there were six topics
scheduled for discussion. Those topics included (1) strategic direction and goals of the Historic
Landmark Commission, (2) Ad Hoc Council Committee on historic preservation (3) suspension
of work for violations of Certificate of Appropriateness, (4) expiration of Certificate of
Appropriateness, (5) notification of designated historic property at the time of sale or deed
transfer, and (6) procedure for removal from a historic conservation district.
History of development of the Historic Landmark Commission - there had not been substantive
review of the enabling ordinance for over 34 years and the current powers and duties were
adopted in 2002. The authority of the HLC was limited to City of Denton designated historic
properties and the composition of the HLC did not reflect the Denton Development Code
requirements.
Council Member Roden asked about the limitation of authority. The enabling ordinance had
broad powers or goals encouraging historic preservation. From a jurisdictional point of view he
questioned if that meant only historic preservation but could education still be done.
Lockley stated that education was allowed.
The powers and duties of the HLC were reviewed. The preservation plan was last created in
1986 and had not been revised since that time.
Council Member Roden asked if the preservation plan was in the ordinance or a separate
document.
Lockley stated that it was a separate document. The HLC had expressed a desire to redefine and
expand their role in the review of historic designated property. This included City of Denton
designated historic properties and properties which were a part of the National Registry of
Historic Places on the Downtown Square. The HLC had been developing the implementation of
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September 2, 2014
Page 2
a historic overlay district for the Downtown to identify historic properties and historic elements
of the Downtown that should be preserved.
Mayor Watts asked if the preservation plan provided authority to make decisions in terms of an
overlay district and if so, was the authority limited to the City of Denton historic properties. If
the authority was not designated in the plan, then there was no authority.
Lockley replied correct.
Commissioner Conte stated that one of the problems was the category in terms of priority as well
as the process issues and trying to clean up the underlying processes.
Council and the Commission discussed properties in the downtown area in terms of preservation
of historical elements and what areas were important for preservation.
Mayor Watts stated that he would like to know the specifics on items as they worked through the
presentation.
Commissioner Haworth stated that up until a few years ago, the Commission did review the
National Registry property but when the ordinance was updated, that function was removed.
Mayor Watts stated that the HLC would like to have authority not just over city of Denton
properties but also the National Registry.
Commissioner Haworth replied correct.
Council Member Roden stated that in Denton, the historic district had been formed from the
ground up. He questioned if property owners had knowledge of the guidelines before they were
instituted. There was no example of unilateral imposition on regulations on property that did not
want it. That was an important issue for the downtown area as historic regulations would be a
new approach of on property owners that may not want them.
Commission Conte suggested a committee of stakeholders to set standards and create them to be
unique for the city of Denton. That would allow for a set of standards but also allow for growth.
The different historic districts would start with a set of standards and set them to be specific to
their needs.
Council Member Johnson stated that if someone bought and redeveloped an old building, it was
done because they loved it. The process should be a collaborative process to start with and not
end up at HLC or Council with a conflict. Time was the enemy so the process needed to have
clear definition of responsibility and authority. Collaboration and flexibility were needed.
Council and the HLC discussed the need for guidelines and processes to be proactive rather than
reactive. Be part of a team with those interested in historic properties rather than an enforcer.
Mayor Watts stated that there were six topics for discussion but there was also a time constraint
to get through all of them. He felt that the priority issues were (1) the need to revisit the
ordinance and give guidance for jurisdiction of the HLC to expand to the downtown area, (2)
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September 2, 2014
Page 3
how to develop a code to provide for interaction in early stages of development rather than later
and (3) better notification of property owners that were in a historic neighborhood.
Council and the HLC discussed notification of designated historic property at time of sale. It was
felt that it was important to know at the time of sale but that the information might be hard to
find on sale documents. A suggestion was to attach something to the deed at the Court House.
Mayor Watts stated that the general issue was how to ensure that people knew their property was
located in one of these regulated districts. One one way was to put the information in the
covenants.
Council Member Johnson asked about modifications to the property as opposed to purchasing
the property in a historic district.
Council and the HLC discussed scenarios when work was done and property owners did not
know about the regulations. The HLC turned into the bad guys to redo the work. If the goal was
to make sure people knew about the historic regulations, there needed to be something attached
to the deed which usually was not read at closing.
Mayor Watts stated that the issue seemed to be how protect the city's investment in terms of the
abatements and/or grants and how to notify property owners of those conditions. He questioned
how the incentives worked and whether there was something that could be done to give
incentives to those already in the historic designation. A suggestion was to create an overlay in
the downtown for a historic designation, vet with property owners and the end process have an
interaction with HLC and staff on the front end to know that all of the processes were in place.
Lockley stated that the consensus was to have notification for historic property and ways to make
sure that notification was done. HLC was currently working with staff on the development of
standards for the installation of solar panels on historic structure. The HLC was concerned that
there were inadequate design guidelines for installation of the panels in historic designated areas
of the City and approval could set a precedent with no established guidelines. The HLC also
wanted to ensure that any guidelines did not conflict with other city documents or programs like
the city sustainability plan or Denton Municipal Electric green sense program.
Council and the HLC discussed the possibility of codes that allowed solar panels and also wind
turbines. Another item might be rain collection systems and where they could be located, color,
etc. These items showed that there was a need to do a revision on the design guidelines for each
neighborhood. Another area might be the placement of air conditioners and guidelines for those
locations. The issue was a balance of modern advances as opposed to the historic nature of the
buildings. A suggestion was that HLC have a design task force to work with it to help
homeowners when reworking their property.
Lockley suggested a clear definition of the scope of the HLC to include the National Registry of
Historic Places, define distinct standards for each historic district and include collaboration and
flexibility for building owners including tax incentives for downtown development. A
clarification was also needed for structures within historic districts.
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September 2, 2014
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Ad hoc committee – this committee would explore policies and a vision for historic preservation
in the City through open lines of communication. The resolution creating the ad hoc committee
was reviewed.
Lockley stated that one goal was whether the intent of the HLC and Council was that once
property was designated as historic was the intention that the structure would remain intact and
not allow modifications or allow modifications so long as the structure remained intact. The
question was whether the building be kept intact so that it was in the same form, shape and
design was when it was originally constructed or allow modifications so long as the original
building remained intact.
Council Member Johnson stated that if options were eliminated on how to keep the building in
great shape by not allowing change, over time the building would deteriorate. In terms of a
commercial property, if the conditions were too restrictive, the business would not survive by not
allowing the modification of the outside.
Council and the Commission discussed that the HLC wanted to be part of the discussion and not
a determent to development. There was a need to change the reputation of the HLC so it was
known that they wanted to help with the process.
Council Member Roden suggested that a number of topics be identified for discussion such as a
preservation plan, what needed to be revised with the plan and then look at the tools necessary to
do those revisions. Look at shared values and then do specifics.
Expiration of Certificate of Appropriateness – there was no expiration at this time for certificates
of appropriateness and this had created some confusion for the HLC and residents within the
historic district. There was one instance when work was started many years after receiving a
certificate of appropriateness. The expectation was that once the application was approved, the
work would begin. The recommendation was a one year time frame to begin the work on the
certificate of appropriateness. The second item was suspension of work for violations of a
certificate of appropriateness. Work was allowed to continue in the interior of the building until
a certificate of appropriateness was obtained. However, some contractors continue with the
work. The recommendation was to suspend the entire building permit until a certificate of
appropriateness was received. A revocation of the building permit was also an option. Each
option would preclude any work from being performed until full compliance with the certificate
of appropriateness was obtained.
Council Member Gregory felt that it would be heavy handed to stop work on all of the projects.
The building official could determine what items needed approval and what items could be
continued. He suggested getting an item on certificates of appropriateness on the next possible
meeting and consider a tiered process.
Mayor Watts suggested a Work Session on this issue with the scope of this issue for Council to
consider. Decisions should not be made based on one circumstance.
Commissioner Conte asked if three HLC members should meet with the Council ad hoc
committee.
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Council Member Roden suggested that the Council ad hoc committee should meet first and get
organized. They then could determine how to proceed. Meeting with the HLC members might
be on an as needed basis.
B. ID 14-0468 Under Section 551.042 of the Texas Open Meetings Act, respond to
inquiries from the City Council or the public with specific factual information or
recitation of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act,
provide reports about items of community interest regarding which no action will be
taken, to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official,
public employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body or
an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda.
There were no items for this portion of the agenda.
With no further business, the meeting was adjourned 1:10 p.m.
______________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS