Minutes September 05, 1989CITY OF DENTON CITY COUNCIL MINUTES
September 5, 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, Boyd, Gorton, Hopkins and
McAdams
ABSENT: None
1. The Council received a report regarding amending the
Zoning Ordinance by adding design standards for the Oak-Hickory
Historic District.
Mike Cochran, Chairman of the Historic Landmark Commission,
stated that four areas of concern addressed at the public
hearing held by Council on Auqust 1, 1989, were further
clarified in the draft ordinance presented. The four areas of
concern were: the materials allowed for fences, the size of
signs, the type of flags and the definition of wind devises.
Flags and wind devices had been more clearly defined banning
those for advertising purposes. Problems with metal fences had
been addressed in the draft ordinance. The Historic Landmark
Commission reviewed the amended ordinance and recommended
approval.
Council Member
advertising.
Gorton questioned wind socks that had
Mr. Cochran indicated that this problem was addressed in the
advertising definition.
Council Member McAdams questioned if the definition was too
vague and needed to be more clearly stated.
Council Member Hopkins asked if the amended draft ordinance had
been reviewed by the Legal staff.
Debra Drayovitch, City Attorney, indicated that her office had
reviewed the amended ordinance.
Council Member Hopkins questioned if the size of signs affixed
to buildings were too small.
Mr. Cochran indicated that the doctor's code of ethics required
a certain size sign and this amended ordinance was in
conformity.
2. The Council received a report concerning the proposed
resolution approving Policy Number 107.06, Occupational Injury
Benefit Program.
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City Of Denton City Council Minutes
September 5, 1989
Page 2
Harlan Jefferson, Risk Manager, stated that the purpose of this
policy was threefold. The policy would inform employees and
supervisors of their rights and responsibilities. The policy
would protect City resources by putting a cap on how long a ~ob
would be held for an employee. The policy would also
positively impact productivity by not holding a ~ob for an
indefinite period of time.
Council Member Gorton asked if the upcoming special session of
the legislature which will be addressing this situation might
not make some changes in this policy.
Jefferson replied that this policy had been drafted over a year
ago. Staff decided to go ahead with the policy after the
workman's compensation issue was postponed in the last
legislative session. Nothing that had been presented at this
time would impact this policy.
3. The Council received a report regarding adopting an
Appendix A for the Denton Development Plan and adopting an
amended Concept Plan for the Denton Development Plan.
Bill Claiborne, Chairman of the Appendix A Task Force, stated
that the task force had been created to incorporate standard
methodology for intensity analysis and the boundaries of the
intensity areas. The task force took into consideration trip
rates and methodology in developing three categories of
activity: low intensity, moderate activity, and high
intensity. Many problems were identified by the task force
and addressed. The recommendation of the task force was for
adoption of Appendix A and adoption of the amended Concept Plan.
4. The Council received a report regarding amending the
Denton Development Plan by deleting multi-family and high
density housing developments as being eligible for intensity
bonuses.
Harry Persaud, Senior Planner, stated that this amendment would
delete multi-family and high density housing from the list of
land uses eligible for an intensity bonus. The concept of the
Denton Development Plan was that the donation of land for
public or community facilities would get a bonus to develop
multi-family and high density housing. The Appendix A Task
Force in its deliberations on a standard methodology for
calculating intensity bonus was concerned that the bonus would
be granted for multi-family and high density housing. No
bonuses had been granted for multi-family or other high density
housing since the adoption of the Denton Development Plan in
September of 1988. The Appendix A Task Force recommended
amending the Denton Development Plan by deleting multi-family
and high density housing developments as being eligible for
intensity bonuses.
City of Denton City Council Minutes
September 5, 1989
Page 3
5. The Council received a report concerning the Animal
Shelter Advisory Committee.
Bill Angelo, Director of Community Services, stated that the
recent legislature passed House Bill ~2379, Animal Shelter Act,
for cities of less than 75,000 people. The City of Denton was
already in compliance with the majority of the provisions of
this act. Three basic changes would be (1) an annual
inspection of facilities by a licensed veterinarian: (2) sick
and injured animals must be housed separately from healthy
ones: and (3) establishment of an Animal Shelter Advisory
Committee for the purpose of assisting City to comply with this
act. Membership of this committee was specifically outlined in
the Act to include at least one licensed veterinarian, one City
official, one person whose duties include daily operation of an
animal shelter; and one representative of an animal welfare
organization.
After some discussion, the consensus of the Council was to
establish this committee with £1ve (5) members (the fifth
member to be a citizen, not involved by occupation or
membership in any of the mandated categories or groups), two
(2) members shall be appointed to serve a term expiring on June
30, 1990, and three (3) members shall be appointed to serve a
term to expire on June 30, 1991, to be determined by lot at the
first meeting.
6. The Council convened into Executive Session to discuss
legal matters (discussed In Re: Flow, Denton County vs. City,
Ali A1-Khafaii vs. City and Struble vs. City), real estate, and
personnel/board appointments (considered appointments to the
Board of Adjustments, Building Code, Cable TV Advisory Board,
Citizens Traffic Safety Support Commission, Electrical Code
Board, Human Services Committee, Main Street Advisory
Committee, Animal Shelter Advisory Committee, and the North
Texas Higher Education Authority).
The Council then convened into Regular Session at 7:00 p.m. in
the Council Chambers.
PRESENT: Mayor Stephens: Mayor Pro Tem Ayer: Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams
ABSENT: None
1. Presentations of "Yard of the Month" awards for
September.
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Postponed until the next meet{ng.
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City of Denton City Council Minutes
September 5, 1989
Page 4
Public Hearings
A. The Council held a public hearing and considered
adoption of an ordinance of the City of Denton, Texas,
providing for the approval of a planned development district
detailed plan for 1.727 acres of land located on the 1-35
service road, adjacent to Wolfe Nursery, and within Planned
Development 6 (PD6); providing for a penalty in the maximum
amount of $2000.00 for violation thereof; and providing for an
effective date. (Planning and Zoning Commission recommended
approval.)
The Mayor opened the public hearing:
NOTE: THE FOLLOWING SECTION OF MINUTES IS VERBATIM FROM THE
TAPE RECORDING OF THE MEETING.
A1Meloro, National Director of site development for Pep Boys:
"Good evening. Mr. Mayor, ladies and gentlemen of the board,
my name is A1Meloro. I am National Director of..."
Mayor Stephens: "How do you spell you last name?"
A1Meloro: "M - e - 1 - o - r - o. I am the National Director
of Site Development for the Pep Boys. We are here before you
this evening for final site plan approval. I would like to a
just summarize our business. You probably know the Pep Boys
from the surrounding areas such as Dallas and Fort Worth. But
just to clarify some matters that this store will employee 30
people from the area. We will only be selling automotive
parts, no used parts, and service department. We will install
the items that we sell. The trash and tires will be neatly
kept. The area will be very well landscaped as you can see.
There is safe vehicular traffic around there for the
pedestrians and ample parking. I do have a proffer and a
narrative report that I would like to submit to the board as an
exhibit. I will sign this and give this to the Board. This
basically states that our type of business and that we will be
doing what we say we are going to be doing. We are a $650
million corporation. We have been in business since 1921, and
we are on the New York Stock Exchange. We very carefully look
at locations, select them and then come before cities, such as
yourselves, to a put ou~ d~velopm~nt in. The job~ that
going to be creating will not be minimum wage jobs. They will
be the type of jobs that will be paying very good money.
Assistant Managers positions will be opened, sales people -
full time and part time, cashiers - ~ull time and part time.
And in the service department, there will be Assistant
Managers, technicians, and installers - full time and part
time. So it runs a full gamut. You have a full array of
people. At any particular time in our busiest day, there will
9pprqximately 15 people working but because of the swing shifts
in our hours, there will be a total of about 30 employees which
is which will be all new jobs for the area."
City of Denton City Council Minutes
September 5, 1989
Page 5
131
"I have a rendering here of the building. This is what the
building will look like. And um it is a masonry building,
steel construction. The construction alone will be
approximately about $1 million for the building not including
the land so its we are not trying to Mickey Mouse anything or a
a cut any corners. You can see that it is a well planned type
of building. It is our prototype. This particular building is
used throughout the United States. As I said we come before
you this evening for our site plan approval. We are very happy
that the Planning Board recommended a with a unanimous vote and
we ask for your consideration this evening, and I thank you
very much."
Mayor Stephens: "Thank you, Mr. Meloro. Any questions the
Council might have for Mr. Meloro? Thank you, sir? At the ah,
at the conclusion of the day's today's work day, a something
was brought to the attention of the legal staff and I thought
would mention this while we are waiting for the next person to
come down. And if you would please, just a moment, I think it
was about 4:45 today a new interpretation of how the 20% Rule
applies to this proposal was brought to our attention and
thought at this time for the benefit of the audience I would
like for the City Attorney to address this issue just
momentarily concerning the 20% Rule and how it would apply to
this particular case based on the Attorney General's
interpretation. Miss City Attorney."
Debra Drayovitch, City Attorney: "Thank you, Mayor. Ah, as
you stated, late this afternoon, ah Council, or the applicant,
Pep Boys, did visit my office and brought to our attention and
alleged problem with the calculations of property ownership and
abut...well how ...abutting ownership that would be necessary
under State law to invoke the requirement that the Council take
a or that the Council vote to approve this application by a 3/4
vote. What that means is they're saying that it does not take
a 3/4's vote, but a majority vote. And they did cite and
Attorney General's opinion in support of their position. Due
to the fact that it was about 15 minutes until it was time for
me to leave for Council meeting, I have not had a chance to a
research this yet and the Mayor has and has asked that
communicate this to a let the Council know after as soon after
tonight as possible whether or not the 3/4's rule does apply."
Mayor Stephens: "Okay, thank you Debra. Ah, the whole point
here is and it kind of leaves us in a quandary, we want to go
ahead with the meeting. It has been postponed too often and we
want to complete the public hearing and make a decision. If
uhm four or five members of the Council should vote in the
affirmative then what we are talking about here is uhm, well if
six vote in the affirmative then there is no question about it
at all. It would be approved. If four or five vote in the
affirmative
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City of Denton City Council Minutes
September 5, 1989
Page 6
then the question will have to whether this motion carries or
not will have .to be determined in a day or two after the
attorney has time to study the Attorney General's opinion. If
less than four vote in the affirmative, then the whole thing is
moot anyway, but we wanted you to understand that a before we
proceed a to what sometimes I understand has been a lengthy
proceedings for this a particular issue. So at this time we
continue then please those who would like to speak in favor of
this proposal."
George Weatherall, Henry S. Miller Development Company: "Mayor
Stephens, members of the Council, my name is George
Weatherall. I'm with the Henry S. Miller Development Company.
I'm here on behalf of the owners of the subject property and a
as a matter of introduction I would like to point out that this
property went under contract in April of 1988. We initiated
the site plan approval process the latter part of August 1988
so obviously this has been going on for quite some time now and
we )ust much as anybody would like to see a quick but fair
resolution to this entire matter. One thing that needs to be
emphasized in tonight's hearing is the extent to which Pep Boys
has gone to modify their initial site plan based on comments
and observations by the adjacent property owners. They turned
the building 45 degrees so that the bays face the freeway to
eliminate a perceived noise problem. Ail the loading will be
done from the front of the building. In fact, there will be no
entry points on the back side of the building whatsoever.
Dumpsters, trash area, will all be in the front of the building
and in fact the building has even dropped 7 feet in height
based the the new grading plan for the property so relative to
the old plan the building will appear to be 7 feet shorter a
because of this new grading. The building has moved closer to
Wolfe Nursery and a most importantly a concrete wall will be
built separating the subject building from the a homeowners. A
this is a a going to be a masonry construction versus the
minimum standard of a six foot wooden fence as a established in
your Development Guide and in addition this wall will not only
stop at the property line but Pep Boys hopes to buy but extend
past the Mervyn's shopping center to the drainage channel and
my understanding is that right now there is a problem with cars
driving across a through this neighborhood to the alley behind
the Mervyn Center. This wall will eliminate that problem and
this' wall will be a part of Pep Boys construction. A in
addition to the wall, a a landscaping buffer will be planted
that will provide additional screenage both visually and
audibly for the protection of the homeowners. The trees will
be evergreen and so far as the leaves will be there year round
and in fact there will be a a landscaping buffer between the
building and the property. There is a drainage easement back
there now and a a the City will still be able to maintain this
easement with no difficulty whatsoever a a and it will in fact
be a a grass with these a trees buffer."
City of Denton City Council Minutes
September 5, 1989
Page 7
133
"Again, Pep Boys has gone to great expense to implement these
modifications and has done the best they can in conjunction
with us to work with the homeowners and the City staff to
design the most acceptable building for Pep Boys. A a I would
llke to emphasize that the extent of the amenities in this
design greatly exceed the minimum criteria in your Development
Guide a and again at Pep Boys' expense. A so we have done
several revisions. Traffic has at one point been an issue. We
feel like with the recent modifications to Dallas Drive this
has been greatly alleviated and in fact when Interstate 35 is a
a improved it should be even a a better source of a traffic
through the area, safer. It certainly is safer now. I've
noticed in my drives out there that the a blocking down to one
lane is greatly improved access through this area. I also want
to emphasize that with Colorado Boulevard now being open, a it
provides another means of access to the Mall area and with the
exception of the homeowners in Township II most people should
take Colorado because it seems to be a easy means of access."
"A couple other points I'd like to make. A first of all, we
believe that this is this is not a zoning case. This is a site
plan approval process. A the property was zoned in 1969 and a
it was zoned commercially. Pep Boys meets the requirements of
the a zoning in 1969. A we have a we feel like as long as they
meet the Development Guide set in 1969 this is a non
discretionary issue. It should be approved as long as they
meet the requirements. A we pay property on this tax for over
ten years. Based on this investment and several other
investments in and around the Mall, a a Dunning Development as
well, a we feel that we are one of the largest taxpayers in the
City of Denton and have done a lot to to help this city and we
feel that it's only fair that we get to use this property for
what it's already zoned. A a a we ask you to treat this the
way you have all planned developments prior to 1986. A a as a
as it should be. The first of all another point I'd like to
make is that the economic impact of a Pep Boys could bring the
city somewhere in the neighborhood of $40-50,000 in sales tax.
A a there is a positive multiplier effect. There will be
thirty to forty employees involved here and most importantly
one thing you need to be aware o~ that the imminent opening of
the mall in Lewisville a has a really concerning a lot of your
local merchants. When that mall opens, you'll start seeing
some~ attrition and whatever we can do to help in attracting
national retailers such as Pep Boys will only help to stop that
outflow. It's going to greatly effect...we've been in this
business 25 years and we've seen all over the Metroplex."
Mayor Stephens: "Thank you, Mr. Weatherall. Any questions the
Council might have for Mr. Weatherall. Yes, Mr. Boyd."
Council Member Boyd: "A what was the 1969 zoning of this?"
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City of Denton City Council Minutes
September 5, 1989
Page 8
George Weatherall: "In 1969, this property was zoned a
combination retail/office."
Council'Member Boyd: "And would a would the Pep Boys have been
allowed in retail, no, it no wasn't it zoned
retail/recreational, wasn't it?"
George Weatherall: "Retail, part of it was, but a a the retail
portion of the zoning was what they would fall under that
criteria and Pep Boys meets all the criteria in the retail
zoning."
Unidentified: "It would not have included the muffler."
Council Member Boyd: "I'm sorry."
Unidentified: "It would not have included the muffler."
Council Member Boyd: "Yeah, it was my understanding that it
would not a since you since you'll be selling mufflers and some
things that were not allowed ..... "
George Weatherall: "Let me remind you that at the Planning and
Zoning hearing Mr. Meloro stated that if that does a a
contradict the proper use that mufflers would not be installed
in this store."
Council Member Alexander: "Let me clarify.
approval of this site plan based on the
correct?"
You're asking for
'69 zoning is that
George Weatherall:
believe."
"And subsequent modifications. In 1973, I
Mayor Stephens: "Any other questions of Mr. Weatherall? Thank
you, sir. Is there anyone else in the audience who would like
to speak in favor of this proposal? Anyone else to speak in
favor? Anyone else in favor?"
Susan Mead, 1445 Ross Avenue, Dallas: "Mr. Weatherall has
asked me to get up and clarify that question. In 196 .... "
Mayor Stephens: "What is your name?"
Susan Mead: "Susan Mead, M- E - A- D- E."
Mayor Stephens: "Your address, please."
Susan Mead: "1445 Ross Avenue, Dallas, TX."
Mayor Stephens: "Thank you."
City of Denton City Council Minutes
September 5, 1989
Page 9
Susan Mead: "In 1969, the property received a land use map
designation of retail and office. In 1973, there was a
modification to that land use site plan and it was zoned
commercial. Under the commercial classification under the Code
that was effective, Pep Boys complies in all aspects. Under
the '69 retail, the muffler stuff that we just talked about
could not occur and we'll be happy to restrict against that if
that is what you deem as necessary. The '73 site plan was
adopted by ordinance, it was attached to an ordinance in 1981
and has been used by the City of Denton since '73 to judge the
uses that are permitted in this shopping center. Does that
help?"
Council Member Boyd: "I, I think it does somewhat. The a it
was my understanding that there was some the 1973 ordinance was
adopted by voice vote. Is that your understanding?"
Susan Mead: "The 1973 site plan was approved by the Plan
Commission and adopted by motion as I understand it by the City
Council. In 1981, there was another ordinance that had that
site plan attached to it and the City has used that site plan
since 1973 for every single development plan, approval, for
every plat, for anything else that has occurred in PD6."
Council Member Boyd: "A all right .... "
Susan Mead: "And I have staff reports that essentially say the
same thing."
Council Member Boyd: "And are, I'm trying to determine if
we're doing this right. Are you relying on all three of those
or is there a particular one or a .... "
Susan Mead: "I'm relying the precedent setting nature of the
1973 site plan because that was what my client was given prior
to the purchase of the property and that's what my client
relied on showing that his property was commercially zoned back
in 1974 when they bought the property."
Council Member Boyd: "Ail right, it said, wasn't it, was that
the one that was commercial and recreational?"
Susan Mead: "Yes, sir. And commercial in the Code that was in
effect at the time. Commercial to me means more office-like,
commercial in the Code at the time was ao had some uses that
were not permitted in retail and that's the muffler use that
you..."
Council Member Boyd: "Right.
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City of Denton City Council Minutes
September 5, 1989
Page 10
Susan Mead: "...recalled. Uhm, so whether you put us under
retail or commercial, there's only one area that we're not in
full compliance with and that's under retail is the muffler."
Council Member Boyd: "Okay."
Council Member Alexander: "Again, could I ..... "
Susan Mead: "We believe our property is zoned commercial.,,
Council Member Boyd: "The recreational aspect of the zoning
its, how do you explain that?"
Susan Mead: "I can't. Thank you."
Mayor Stephens: "Mr. Alexander."
Council Member Alexander: "Excuse me. Ms. Mead, I wanted to
clarify. The provisions which would allow mufflers to be
installed would be based on the change that occurred in '73?"
Susan Mead: "Yes, sir."
Council Member Alexander: "Or would the muffler provisions be
attached only to the '69 ordinance? That's the really the
question I'm trying to clarify?"
Susan Mead: "Uhm, the commercial..."
Council Member Alexander: "The '73 amendment .... "
Susan Mead: "Sure."
Council Member Alexander: "...to exclude the muffler
installation as part of the ordinance, is that correct?"
Susan Mead: "The '73 amendment would permit the muffler."
Council Member Alexander: "The '73 amendment would permit,
okay."
Susan Mead: "Yes, sir."
Council M~mb~ Al~ander~ "That's what I thought I understood
earlier, but a .... "
Susan Mead: "the, I'm sorry if I got up to clarify and further
co~fused it."
Council Member Alexa~de:: "I~ we apply the '73 provisions,
then, and agreed that it was in fact commercial, then the
muffler installation could not be excluded. If we applied the
'69 provisions, the muffler installation could be excluded."
City of Denton City Council Minutes
September 5, 1989
Page 11
Susan Mead: "Yes, sir."
Council Member Alexander: "Okay, it's the question of whether
we accept the '73 amendment as part of the original '69
ordinance."
Susan Mead: "Okay."
Council Member McAdams: "Does it not also include the question
of our information tells us that that site plan said
commercial/ recreation and there's some question about what
that actually means and you are a taking one position about
commercial a as lust simply straight commercial zoning is what
I hear you saying and that's your interpretation of that and it
is there ..... that then that you are saying would allow the
muffler sales."
Susan Mead: "Councilwoman McAdams, I spent about, between two
and four hours in those files and uhm what I believe to be the
case is based on reading every staff report, every zoning
request and looking at every ordinance that was passed and
commercial..."
Council Member McAdams: "We're talking specifically about '73
when it says, that's the year when you're saying that the
change was made and that change according to the information we
have said commercial/recreation."
Susan Mead: "But that '73 site plan was incorporated in a 1981
ordinance as well and was referenced throughout by staff
reports as commercial .... "
Council Member McAdams:
commercial/recreation."
"But it still, it still said
Susan Mead: "I cannot tell you what the recreation stood for.
I can lust tell you that the City staff represented in a 1981
memo on September 4, I believe, that the 1973 site plan showing
commercial on our property had been used since '73. That memo
was written in September of '81. That same site plan was
attached to an ordinance in 1981 that was passed on December
the 15th."
Mayor Stephens: "Did you have another question?"
Council Member McAdams: "No, cause it didn't that did not
refe£ to that particular site. There was no reference in that
'81 to that particular site, so it is lust a difference of
opinion about whether a whether it had anything to do with it
or not but it did not reference it."
Susan Mead: "Do you know that the chart .....
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City of Denton City Council Minutes
September 5, 1989
Page 12
Council Member McAdams: "That's okay."
Susan Mead: "Okay, the chart I submitted to the Council has
about 25 different cases. That '73 site plan was used in each
case. Thank you very much."
Mayor Stephens: "Thank you, Ms. Mead. Is there anyone else in
the audience who would like to speak in favor of this
proposal? Anyone else to speak in favor? Anyone in favor?
Then, is there anyone in the audience who would like to speak
in opposition to this proposal? Please come forward. Again
state your name and address. You have five minutes."
Royce Weddle, 1512 San Gabriel: "Yes, Mr. Mayor, Council
Members, I am Royce Weddle, 1512 San Gabriel, right behind the
petitioners property. I have a quick, can I ask a question
before my time starts?"
Unidentified: "Okay, sure."
Royce Weddle: "Why was exhaust excluded? I mean, you know."
Mayor Stephens: "That's part of your time .... "
Royce Weddle: "Alright."
Mayor Stephens: "Keep the time going, Madam Secretary."
Royce Weddle: "You know, why was exhaust excluded? Can
anybody answer that?"
Council Member McAdams: "It was just that retail zoning .... "
Mayor Stephens: "A, Mr. Weddle, Ms. McAdams, you have five
minutes to make your presentation, and then any questions you
might ask, we'll ask the Staff or the Council to address those
later. We are here to get input from the citizens, please."
Royce Weddle: "Okay, okay. Folks, I'm a homeowner, live right
behind the property. I'm president of the Homeowner's
Association and we are definitely opposed to the Pep Boys type
of business. A, if I may, I'd like to ask our group to stand
so you know that you're citizens are turning out for City
government. These are people f~om ou~ neighborhood."
Mayor Stephens: "Thank you for coming."
Royce Weddle: "We've circulated a petition. I think all of
you got copies of it a month or so ago. A 93% of our
neighborhood oppose the Pep Boys building, llZ signatu:es on
record that we would rather not have a garage right in our
backyard. Our Board of Directors and our membership has met
City of Denton City Council Minutes
September 5, 1989
Page 13
139
Royce Weddle (continued): "with Pep Boys in the past. We have
set down with them and we admit they've made some changes, but
we still think that we that we would do better if we had the
same type of businesses that are there now like Mervyn's and
strictly retail. They're good neighbors, they don't bother us,
we don't bother them. We would hope to continue with that type
of business that a we feel like Pep Boys are that type of
business, not just Pep Boys, but having a garage kind of
violates the spirit of that type of business that we all
thought was required quite honestly. When we moved in the
neighborhood, of course I didn't come down and check with the
City, and I'm not an attorney, but I kind of thought that the
retail offices like Mervyn's and those people, that that was
the only type that could be there. Of course, we have since
learned different. I'd like to quote a staff report to the P&Z
regarding negotiations. Quote 'Staff feels that there should
be a limit on the number of times a neighborhood is expected to
defend itself against zoning that is perceived as a potential
detriment to the character of its area through the negotiation
process.' Of course, we're still doing that, but we, we're
)ust wondering how many times we have to to continue to fight
for the quality and integrity of our neighborhood. We object
to the noise from vehicles passing through the location. We
object to the noise from, just the total number of vehicles
that's going to be going in and out and all the machinery. We
understand there are going to be 1200 trips per day through
that organization and when you add that to Wolfe, on a busy
day, folks, I'm afraid we're going to get gridlocked. There's
just not that much room back there for all those cars. We
object to the possibility of making Dallas Drive more dangerous
than it already is. You know. there where it crosses in front
of Wolfe Nursery. There's been 194 accidents there with 92
injuries, 2 fatalities in two years from '85 to '87 and that's
a lot, folks. We object because our homes and property will
definitely be devalued. There's no question about that at
all. Who would want to buy or rent a house right behind a
garage that's open till 10 o'clock every night, Saturday,
Sunday and holidays. No where in Denton can we find where a
high volume garage is located so close to residences. If you
approve this petition you will be creating a dangerous
precedent similar to Houston or Arlington, two cities that
people can do anything they want to at any time and now they
wish. they had done something different. Approving this
petition will be in violation of Denton's own zoning codes like
we've been to talk, we understand that it's zoned office and
retail. We don't think that Pep Boys is either one of those.
Other cities we've contact, a garage like Pep Boys would be in
a light industrial or strict commercial or a mall type of
setting. It's obvious that the people most effected by your
decision do not want this garage in their neighborhoods and
hopefully, the citizens and residences of Denton will be more
important to the Council than an out-of-state business. Like I
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City of Denton City Council Minutes
September 5, 1989
Page 14
Royce Weddle (continued): "said earlier, we're not
anti-business, we're just anti this kind of business. In
closing, as you decide this petition, please remember the
problems created by this garage won't be shared by the
gentlemen seated to my left. They live in the Metroplex,
Philadelphia, California, wherever, and other places and
doubt if any of them live directly behind or close to one of
their own stores, but they want us to. Ladies and gentlemen of
the Council, all the folks seated to my right live here in
Denton and we will inherit these problems, and live with these
problems and suffer from these problems long after these other
folks are gone. We strongly urge you to deny their petition.
Thank you."
Mayor Stephens: "Thank you, Mr. Weddle.
any questions for Mr. Weddle? Yes, Mr.
please, we don't permit demonstrations.
sentiment. Mr. Boyd."
Does the Council have
Boyd. If you would
I understand your
Council Member Boyd: "I have a couple of questions."
Royce Weddle: "Yes, sir."
Council Member Boyd: "Were there any specific requests that
you made of Pep Boys that they did not comply with?"
Royce Weddle: "A, not to come in. That's it. No, the changes
they made were all voluntary and and and we, you know, we truly
are cognizant of the fact they made a lot of changes to try to
try to work the thing in, but a it's still a garage and you
know."
Council Member Boyd: "If we accept for a moment their argument
that this zoned commercial/recreation or commercial.
Commercial/ recreation, I guess, is is a bowling alley or
miniature golf course or something like that. Would that be
more acceptable to you?"
Royce Weddle: "A bowling alley or a miniature golf?"
Council Member Boyd: "Miniature golf course, or a go cart
track?"
Royo~ W~ddl~: "Quite honestly, no. Not to me personally.
can't speak for the membership. We, once again, we were under
the impression that the type of businesses that are there now
would be the type that could go in, only could go in, which is
shop, a video store, a Mervyn's, a a day care center, a
doctor's offices, those sort of things."
City of Denton City Council Minutes
September 5, 1989
Page 15
Council Member Boyd: "Right. Well, that, evidently, that may
not be the case, but let me ask you another hypothetical. What
if it is determined that this is commercial in zoning which
does allow considerably more than office in terms of what get
in there, would a Jack In The Box or a Red Lobster or something
like that be more acceptable?"
Royce Weddle: "Boy, we all like Red Lobster a lot. Now we've
all talked about that, but ..... A a I would say speaking as a
lust living right there, no."
Council Member Boyd: "Okay."
Mayor Stephens: "Any other questions for Mr. Weddle from the
Council? Thank you, sir."
Royce Weddle: "Okay, thank you."
Mayor Stephens: "Is there anyone else in the audience who
would like to speak in opposition to this proposal? Please
come forward. "
Harold Harkinso 1405 Sandy Creek: "I'm Harold Harkins and I
live in the Township II addition. I'm not going to be a
$500,000 taxpayer in Denton. I'm not going to hire the most
people that a a that anyone else does in Denton. I'm not even
going to hire 50. I'm Dust a citizen of Denton. I've been
harassed by zonings since I've lived in Denton these 9 years
beyond belief. This is the fifth time since I've moved into
this community that I've come in for a zoning change. Each
time I've sacrificed. I've said sure our a officials here are
looking after our benefit, they're looking after us and I've
gone along with you every time and every time that you've made
a zoning change it's made my property value go down. Henry S.
Miller's harassment crew that's come with these last three
zoning changes. We've give them everything they asked for.
The developer that was working under Henry S. Miller was going
to put a fence through there before. It was agreed on here.
We never got a fence. We never got anything but promises from
Henry S. Miller. We never got anything but dreams. And now
they've come back with another dream. Of big taxes for the
city, lots of employment and we're entitled to this and the
lawyer says this zoning entitles them to this. Tommyrot. It
doesn't entitle them to this. This zoning here is for retail
businesses and for office buildings. Whenever I bought that
property and I built that house myself I knew what the zoning
was. Then you, yourself, verified that I was true in what I
believed. When Midas Muffler come along and set in a muffler
shop in 19 and 81, you said no because its commercial. And now
Henry $. Miller, very important harassers, have come again with
the same tommyrot and they want you to give them everything
they ask for because they are Henry S. Miller. They haven't
done a thing for the City of Denton but take money out of it."
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City of Denton City Council Minutes
September 5, 1989
Page 16
Harold Harkins (continued): "Let's go a little bit further.
I'm just an ordinary taxpayer. I don't have much money. I
have supported every one of you that is sitting here on this
panel and if you support this change, I'm going to support a
change in Denton which we definitely are entitled to. Henry S.
Miller says the City keeps up that easement. That's a bunch of
tommyrot. The City doesn't keep up easements. The people keep
up easements. I've got one running down the side of my
property and across the back. Do you think the City runs in
there with their lawnmowers and keeps it up. No. We don't
have that kind of money. But Henry S. Miller is so important,
they think that we ought to run out there and take care of
their easement for them. Now he's going to build us a fence
again all the way down to the drainage which is a problem that
they've created. The drainage down there that's going to cost
me a taxpayer a whole lot more money to pay for his drainage.
You say, well it was there all the time. Well, it was there,
but it was a little bitty thing, but it's a great big problem
right now. Then, again, I, I'm just a taxpayer. I've been
harassed five times over zonings and every time its gone
against me. This time, it's going to go against me. My taxes
have gone up, up, up, up, up and believe it or not, I'm a
builder. I built that house myself and I can't even get the
money that I put into it nine years ago out of that house right
now and I'm not talking about making any money, I'm lust
talking about the initial building costs. I'm not talking
about all the shrubbery and the other things. So, I'm against
this zoning. I ask only from the elected officials of the
people of Denton, that you support us like we supported you.
Thank you, gentlemen."
Mayor Stephens: "Thank you, Mr. Harkins. Any Council Member
have a question for Mr. Harkins. Thank you, sir. Is there
anyone else in the audience that would like to speak in
opposition? If you would please a I know how you feel on this
emotional issue but we do ask you to keep demonstrations to a
minimum please, yes, which is zero."
Janet Sahliyeh, 1330 Laredo Ct.:
my husband .....
"My name is Janet Sahliyeh,
Mayor Stephens: "Pardon?"
Janet gahliyeh: "My name is Janet Sahliyeh, we live at ..... "
Mayor Stephens: "How do you spell your last name, please?"
Janet Sahliyeh: "S - A - H - L - I - Y - E - H. We live at
1330 Laredo Court. My husband couldn't be here tonight because
he is teaching a course right now at UNT, but he did want me to
City of Denton City Council Minutes
September 5, 1989
Page 17
143
Janet Sahliyeh (continued): "come and say a few words for both
us just from a family who is concerned about our neighborhood.
We came to Denton three years ago, never had a house before,
and two years ago we bought a lot in Hopkins Hill and very
excited, it's a beautiful area with lots of trees, all kinds of
wild animals, rabbits, we thought what a wonderful place to
raise our children and we built our house, our dream house, we
never had a house before and now that this issue has come up,
we're very much afraid that the value of our house is either
not going to hold or its going to go down. So this is my main
message. Another side note, I might put in is that my husband
is totally blind and he likes to hear nice sounds like birds
and dogs barking and so forth and if we're going to have a lot
of noise from a garage, I don't know if he's going to be too
happy in that neighborhood any more. So, I'd like to appeal to
all of you as homeowners and concerned people that I don't
think you'd want this kind of business in your own backyards
bringing down the value of your property and making a lot of
noise. Thank you."
Mayor Stephens: "Thank you, Ms. Sahliyeh. Any Council Member
have a question of Ms. Sahliyeh? Thank you, Maam. Is there
anyone else in the audience who would like to speak in
opposition to this proposal? Anyone else in opposition?"
Billie Harkins, 1405 Sandy Creek: "I'm Billie Harkins, 1405
Sandy Creek. I would just like to make one statement. This,
the zoning here in 1979 I personally came down to the City of
Denton to check the zoning. It was retail/office and my only
point I want to make to you if it's commercial why has Henry S.
Miller had a sign on this piece of property retail/office since
1975. That's my only statement."
Mayor Stephens: "Thank you, Ms. Harkins. Any Council Member
have a question for Ms. Harkins? Thank you, Maam. Is there
anyone else who would like to speak in opposition? Anyone else
to speak in opposition?"
Virginia Hooper, Olmos Creek: "My name is Virginia Hooper and
I live on Olmos Creek, right behind Wolfe Brothers and I lust
add whatever has been said before in opposition, I just
reinforce that. But I'm using Wolfe Brothers as a a standard.
If I. have to face something worse than Wolfe Brothers, it's
bad. Wolfe's Brothers wakes us up with their loudspeaker every
morning at 9 o'clock and it goes till 9 o'clock every night.
The radios go constantly. The traffic is terrible. Our place
abuts theirs. So you see the fence doesn't help us either. It
doesn't come, I don't believe it's planned to come behind Wolfe
Brothers. And it's right next to Wolfe Brothers. This I just
wanted to add to it."
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City of Denton City Council Minutes
September 5, 1989
Page 18
Mayor Stephens: "Thank you, Ms. Hooper. Any Council Member
have a question for Ms. Hooper? Thank you, Maam. Is there
anyone else who would like to speak in opposition? Anyone else
to speak in opposition? Anyone to speak in opposition? At
this time then we shall hear from the petitioner for a
rebuttal. One person who represents the petitioner and if you
would please confine yourself to less to five minutes or less
and to only the opposition questions that were raised. No new
information please."
A1Meloro: "Mr. Mayor, members of the board, as far as noise,
uhm everyone is concerned with noise. I grant you that the
first site plan that was put together was definitely wrong.
Although I was not involved at that time, I will take blame for
that because I work for the Pep Boys. We had no right to do
something like that. We did change the building and moved the
service bays facing the highway which did turn 90 degrees.
Noise is like light. It does not go around corners, noise goes
straight. Any noise that emits from the service bays will be
going out towards the highway, not towards the residents.
Number two, as far as traffic, it is zoned commercial. You
could have a restaurant, a Burger King, a Wendy's, and these
neighbors could be faced with some of the items that go along
with a restaurant like being open to 2 o'clock in the morning,
traffic that would be far exceeding our traffic, the gentleman,
the president of the Homeowners Association said 1200 trips a
day. That's 600 customers and they're counting in and out.
Fast food would be somewhere between 1500 to 2,000 cars per
day. Round trips that 2,000 times 2. We can all see what that
is going to be. As far as the traffic, the State is aware of
the traffic. They're making changes. The City's aware,
they're making changes. That's going to be a safer
intersection and area than it has been in the past because
people have been aware of that. As far as the hours, our hours
are until 9 o'clock in the evening. A restaurant would be open
until late in the evening, early in the morning, maybe until
one or two o'clock. You'd also be a subject to the greasy
smells of the restaurant, of of we all know what fast food
smell like when the food is cooking, I'm not saying that it's
bad, I'm just saying would you want to be subject to that. As
far as landscaping, I think we did our share in putting enough
landscaping there. We're not frugal when it comes to
landscaping. The company has that I work for has given me the
ability to do what is best for the surrounding neighbors.
belong to the Arbor Day Society, I am not cheap when it comes
to trees. I try to plant at least a dozen trees on my property
every year although they are seedlings, they keep growing. But
that's as far as the landscaping and the easement across the
back, that's that would be our property. That would not be the
City,s responsibility to mow that or take care of that, but it
is an easement for the City to go on to that property and to
take care of any piping or drainage or anything else that would
be necessary."
City of Denton City Council Minutes
September 5, 1989
Page 19
145
A1 Meloro (continued): "As far as meeting with the homeowners,
I think I did my homework there. I've met with them three
times. I came down from Philadelphia. Maybe they want to call
me a big city boy or whatever, but unfortunately, I live in the
Philadelphia area. I met with them and discussed the problems
of noise, pollution, trash, landscaping, traffic
maneuverability and everything else and I think we met everyone
of their questions. We worked on it diligently. If an
individual was to buy a home in anywhere along there with the
wall and the landscaping that is going to be put in there, it's
not going to depreciate their homes, number one. Number two,
the landscaping is going to be of a nature that it'll be if
anything it will add to their homes. If I just may ....
Mayor Stephens: "You have one minute left."
A1 Meloro: "Okay, if ! ~ust may add, we even asked them if
they would like to have vines growing on their side of the
property so ! think. I realize that a homeowners interested in
the value of their homes and )ust because we're "large city
multi- million dollar organization and we have top guns" that's
not what I want. I want these people to shop at our store.
It's a service that is needed in the area. It's a service that
is zoned for the ............. and that is my rebuttal."
Mayor Stephens: "Thank you, Mr. Meloro. Any questions the
Council might have for Mr. Meloro? At this time I'll declare
the public hearing to be closed and call upon the City Manager
to direct the presentation by his staff."
Unidentified: "Mr. Mayor, can we have time to say something?"
Mayor Stephens: "No sir, the public hearing is closed. We
have we gave several calls to fors and several calls for the
opposition and I presumed that everyone in the audience who
desired to speak has had a full opportunity to do so. The
public hearing is closed. At this time the Council, the City
Manager will direct the presentation by his staff."
Lloyd V. Harrell, City Manager: "Yes, Mr. Mayor, let me call
on our Executive Director for Planning, Mr. Robbins to make the
staff presentation."
Frank Robbins, Executive Director for Planning: "Mayor and
Members of the Council, this is a request to continue the
zoning process on a 1.72 acres of land specifically where the
request for approval of a detailed plan is shown on the slide.
The Staff has been processing this case based on a zoning
ordinance that I'll show you a slide or an amendment to our
zoning ordinance in part that reads as shown on this slide.
This part of the ordinance was effective on May 20, 1986, in
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City of Denton City Council Minutes
September 5, 1989
Page 20
Frank Robbins (continued): "which for PD's and we believe this
property is zoned Planned Development for PD's approved before
May 1986 a detail plan or a concept plan must be approved by
the Council. If it did not meet the a ordinance requirements
as stated in 1986, or the information required on concept or
detail plans, a an additionally that no development had
occurred then you'd have to process the site plan as any other
zoning case if those two conditions were met. A the bottom
part of this slide is another section of the zoning ordinance
that describes the situation in which if the site plan, the
planned development site plan is less than 10 acres, then a
detailed plan is required. And this is less than 10 acres."
"A little bit on the history. We can go into more detail if
you like under questions. In 1969, a site plan was adopted by
Council Ordinance No. 69-35 and this is in your backup
beginning on page 4-1. Since 1969, or since 69 ordinance 69-35
was adopted, the Planning and Zoning Commission or the City
Council have approved six site plans within PD6 without
ordinances. Beginning in 1981, the Council approved four
zoning cases two of which were detailed plans by ordinance
within PD6. This is the second application for a site plan
approval in this area. A the first site plan which was
reviewed by the Planning and Zoning Commission a was
recommended for denial by the Planning and Zoning Commission on
October 19th, 1988. A it was scheduled for a review by the
City Council. Council postponed until December the 13th, 1989,
at which time the applicant withdrew this site plan from
consideration. Subsequent to the time, the applicant has
submitted a different sit plan and we've gone through the same
process with the Planning and Zoning Commission, held public
and hearings and so forth. Then on May 10th, 1989, Planning
and Zoning Commission considered the new site plan and approved
this site plan. I'll go back to these numbers later on. This
is the same site plan that we had up initially. A the Council
was to initially consider this site plan on July llth, 1989, at
that time the applicant requested it be postponed and Council
agreed to that postponement and it is scheduled for our
discussion tonight."
"Since the Planning and Zoning Commission made their
recommendation on May 10th, we have received opposition from
landowners that own more than 20% of the land within 200 feet
of Block A, Lot 4A, Phase II which is the site which we are
considering tonight. About 24%, a little over 24% of the area
within 200 feet or the area shown in red on this slide, owners
of property have opposed this rezoning since the Planning and
Zoning Commission. And if I might, I don't want to reiterate
everything in the Staff report, I would like to go back and
make note again o~ the cha~g~s that have b~n made to the site
plan since the once the Planning and Zoning Commission
recommended denial and which they recommended approval of."
City of Denton City Council Minutes
September 5, 1989
Page 21
Frank Robbins (continued): "Item ~1 reflects the fact that the
bay doors now face IH35. Your backup includes two noise
studies that have been provided by the applicant. Number 2,
there' is a retaining wall on the, do I have a folder of the
opposition? The letters? No, sir."
Mayor Stephens: "They are not necessarily the opposition,
Frank. Normally, you have the reply forms."
Frank Robbins: "Yes sir, I don't have the reply forms with me."
Mayor Stephens: "Why not?"
Frank Robbins: "I just don't have them. I could go get them,
I don't have them in hand right now."
Mayor Stephens: "That's what you normally circulate."
Frank Robbins: "Yes, sir. I understand."
Mayor Stephens: "Let's see if we can continue that practice."
Frank Robbins: "Yes sir. Number two is a retaining wall on
the east side in two locations. First the retaining where the
number 2 points to but as well as this retaining wall and this
area have been added. The area in the rear of the building is
now heavily landscaped and no vehicular access is allowed in
that area now according to that site plan. The masonry wall is
eight feet high. The previous height with the previous site
plan was six feet. The dumpsters were in the rear. Now
they're facing IH35. Number five, the sign is a much smaller
sign than the one that would be allowed for a sign according to
our sign for sign size and height that would be allowed by the
sign ordinance. This sign would be 15 feet high no larger than
150 square feet. The Sign Ordinance if this weren't done by a
PD would allow a sign 250 square feet in size. Lighting
standards have been added since the site plan was last viewed
by the Planning and Zoning Commission and no parking will be
allowed on the access road. This is a Fire lane. And that
concludes my presentation. I am prepared to answer any of your
questions."
Mayor Stephens:
Mr. Boyd."
"Thank you, Mr. Robbins. Any questions, yes
Council Member Boyd: "A one of the questions we had from one
of the speakers earlier was that they'd been promised them a
fence earlier that had not been done and actually that's been
one of my pet peeves since I've been involved working with the
City that periodically we do hear, periodically we do hear of a
promise that, P&Z, Historic Landmark Commission or at Council
that later doesn't seem to be en~orceable and you know we this
is what we intend to do and based on that the City agency
approves it. What is the mechanism and what reason do we have
to believe that the fence, sign and lighting promises that are
being made here will actually be fulfilled if this is approved?"
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City of Denton City Council Minutes
September 5, 1989
Page 22
Frank Robbins: "If, because they are shown on this site plan.
A some of those restrictions are also part of the what were
called development standards that would be attached to this
detail plan and if approved would be approved by ordinance
would be a zoning ordinance and would be enforced as any other
zoning violation or problem would be enforced."
Council Member Boyd: "Okay."
Frank Robbins: "In other words, you're adopting a zoning
standard when you adopt this site plan."
Council Member Boyd: "Now I'd also heard mentioned at an
earlier meeting and maybe this is no longer part of the
proposal that a request had been made by the citizens that the
hours of operation be modified somewhat and that Pep Boys had
agreed to do that. Is that now no longer part of the proposal?"
Frank Robbins: "It was never part of the proposal that is it
was not part of the application there was no mention of it on
the site plan was not part of the applicants submitted
development standards. So that issue is not part of the would
not be part of the ordinance."
Mayor Stephens: "Mr. Alexander."
Council Member Alexander: "I'd like to address the question of
the cement fence at the back of the property. If we look at
the site plan what we see is the designation of the fence there
at the back of the property, but there is discussion and my
understanding part of the agreement that's being developed that
if indeed this were to be approved that that fence would be
extended all the way down to the drainage ditch behind
Mervyn's. Now my question is, is what's the legal status of
that commitment if indeed it does not show as such on the site
plan that is formally before us? I think we need to be sure we
have addressed that to everyone's satisfaction so that we're
sure we understand the realities that we are coping with here."
Frank Robbins: "One of the attachments to the ordinance is a
legal description and that legal description describes the area
within-which the zoning ordinance is standards of detail plan
would be applied and that fence is not part of is not within
that legal description except on the lot itself, in other
words, the fence that was being discussed earlier is not, the
requirement to build that fence is not part of your ordinance
at this time."
Council Member Alexander: "I think we may need Mr. Weatherall
to address that commitment in very specific terms before we
vote here this evening."
City of Denton City Council Minutes
September 5, 1989
Page 23
Mayor Stephens: "Well, actually, it's more the lawyer. I
understand that the lawyer has been intending to bring in such
wording and has not."
Frank Robbins: "That's all I can say, Mayor, is that we do not
have said wording. We had, we had discussed it, but ....
Mayor Stephens: "that's not part of the proposal at this time."
Frank Robbins: "That is correct."
Mayor Stephens: "..because it's not in writing as part of the
ordinance. That's a good point to be made."
Council Member Alexander: "Well, I want that to be addressed
before I vote tonight in very clear terms."
Mayor Stephens: "In very clear terms."
Council Member Alexander: "Mr. Weatherall's made reference to
it and I want to make sure that we have a clear commitment in
the minutes one way or another on that."
Council Member Boyd: "I would also like to understand not only
that point but also what if any commitments should be made on
the hours of operation."
Mayor Stephens: "Okay. Why don't you go ahead and see what
else you might have. Any other questions for hours of
operation and fence. Any other questions for Mr. Robbins while
he is at the microphone. Also, Mr. Robbins, Mr. Weddle had a
question earlier about muffler exclusion. I...I wasn't trying
to stop his question from being answered I thought there was a
time and place for things and this is the time. If a did you
hear his question concerning the exclusion of muffler
operation? Would you care to answer that please."
Frank Robbins: "Yes. I think the issue relates to how the
various ordinances that have been adopted as they relate to
PD's and specifically this PD apply. Ordinance 69-35 adopted a
provision that essentially said that the that the requirements
of a of a like zoning, like zoning district that the
requirements of a like zoning district would apply. There in
1969 there was an office zoning district but there is no
district called only retail. There was a general retail
district, a neighborhood service district, commercial and so
forth but here was no specific retail district. A in the
commercial district the muffler, seat cover use was authorized
not in any of the districts below the commercial district, that
is it was not authorized in neighborhood service, it was not
authorized in general retail, but was authorized in the
commercial zoning district. I don't know whether I've muddied
the waters or clarified it any more for you."
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City of Denton City Council Minutes
September 5, 1989
Page 24
Mayor Stephens:
question?"
"Mr. Weddle, you understand? You asked the
Royce Weddle: "No. The question is, why is it called
(inaudible)"
Frank Robbins: "I can't answer ..... "
Royce Weddle: "(inaudible)"
Frank Robbins: "I don't know that mufflers was picked on. The
issue is what what standards would you apply and I'm responding
to the to the issue that if the because the the way the 69-35
ordinance is written it said that the standards of like
districts would be applied. We went back and researched a use
that would be done by Pep Boys. One of those would be to
change mufflers. That's not authorized in the general retail
and neighborhood service district, only authorized in
commercial and commercial is not a word that was used on the
site plan adopted in 69-35. The two words that were used are
retail/office.
Mayor Stephens: "Okay"
Unidentified Female: "(Inaudible speaking)"
Mayor Stephens: "Well, that's another issue. And he raised
the question...what I'm trying to do is not to introduce new
information at this time .... "
Unidentified Female: "(Inaudible speaking)same thing .... why
are they being allowed that?"
Mayor Stephens: "Well .... "
Frank Robbins: "I can't...I can't respond to that Mayor."
Unidentified Female: "I mean what's good for one is good for
the other ..... (inaudible)"
Unidentified Male: "(inaudible)"
Unidentified Female: "inaudible)"
Mayor Stephens: "Well, okay, just a minute. 0oooo. Okay. At
this time there was a couple questions that, I believe that
were that the Council as I understand want Mr. Weatherall to
address."
Council Member Alexander: "That's right."
Mayor Stephens: "And if he would come to the microphone
because our...our uhm recorder doesn't pick up that far away.
So if you would a would you speak only to the hours of
operation and the fence question please."
City of Denton City Council Minutes
September 5, 1989
Page 25
George Weatherall: "I would like to make a something clear
here. If it's not already a part of the proposed ordinance,
whatever means is necessary to make it a part of the proposed
ordinance, we would like two conditions to be attached to this
proposal. One is that muffler work will be excluded from this
particular Pep Boys facility. Whatever needs to be done to get
that in the ordinance, we would like that to happen. Number
tWO .... "
Mayor Stephens: "Our attorney is going to address how that
would be done to .... "
George Weatherall: "Fine."
Mayor Stephens: "her satisfaction when you finish .... "
George Weatherall: "In addition..."
Mayor Stephens: "all of these points you raise. Okay?"
George Weatherall: "In addition to that, we also want another
condition included with respect to the fence. We've said that
we would have this fence built to the drainage channel. We'd
like that included in the ordinance. What we want is a a
confidence from all parties involved that these promises will
be kept and and something that is enforceable. Those are the
two conditions that we would like included in the ordinance."
Mayor Stephens: "What about the hours of operation?"
George Weatherall: "The hours of operation, we would like to
leave as as previously stated."
Mayor Stephens: "What is that nine to nine? So you're nine to
nine is that what I'm seeing here?"
Unidentified Male: "8:30 to 9:00 p.m."
George Weatherall: "8:30 to 9:00 p.m. One other thing that
probably should be added too is that the initial thing to
happen here would be the construction of this wall. I would
like that included in the ordinance. Before any construction
begins on the building, the wall will go up first."
Mayor Stephens: "Ms. Harkins has a question about the fence.
I believe he answered that didn't he?"
Harold Harkins: "No, (inaudible)...behind Wolfe's.
stop at Wolfe's..."
Does it
Mayor Stephens: "Oh, I see."
151
Harold Harkins: "(inaudible)"
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City of Denton City Council Minutes
September 5, 1989
Page 26
George Weatherall: "Yes maam. It stops at the corner of the
Wolfe Nursery property that abuts Pep Boys."
Harold Harkins: "(inaudible)"
George Weatherall: "Yes maam."
Harold Harkins: "(inaudible)"
Unidentified Female: "(inaudible)"
Mayor Stephens:
that far back.
here."
"Well, we're the microphone just won't pick up
I'm sorry. We want everything to be on record
Harold Harkins: "In other words (inaudible)"
Mayor Stephens: "Well, I guess, the answer is yes. Ail
right. Mr. Weatherall ..... "
George Weatherall: "That's correct."
Mayor Stephens: "Anything further you want to add?"
George Weatherall: "That's it."
Mayor stephens: "That's it. Madam Attorney, uhm I believe we
had a question of Council Members that everything be wrapped up
here before they vote. What would you require then to make
this, should it pass, to make it a mandatory thing or a
condition would...to be included in the main motion if someone
makes the motion to that effect a with those conditions would
that have the force that I heard expressed here that would be
desired as a well condition that a motion to approve this
request would include those fence and muffler questions."
Debra Drayovitch, City Attorney: "Thank you, Mayor. Uhm the
quite frankly, I would like if there was an intent on the part
of the Council an opportunity to write some language to
incorporate any such suggestion. This is one reason why this
was brought up six weeks ago when I asked if there was such an
intent that we be provided a letter outlining that. A...the
one thing I will say, to be quite honest, there is some, there
Gould be a question on down the line about the enforceability
of offsite improvements such as this. If it were not
constructed, I understand that in previous zoning cases
involving adjacent property, that promises were made. Those
promises were not include in the ordinance and, or alleged
promises, I'm sorry I wasn't here at the time, but what was
represented to me .... anyway, we can certainly write language to
that effect for the ordinance, but I did want you to know that
it is, it would be subject the fence requirement could possibly
City of Denton City Council Minutes
September 5, 1989
Page 27
Debra Drayovitch (continued): "be subject to challenge and I
have previously advised one of the Council Members that made
that request to that, of that particular regard. However, the
applicant has represented it, it is willing and able and would
construct such a fence prior to the issuance of any necessary
permits. A...that does go a long way towards enforceability."
Mayor Stephens:
of staff."
"Any further questions the Council might have
Council Member Alexander: "Question."
Mayor Stephens: "Yes, Mr. Alexander."
Council .Member Alexander: "Did I understand the attorney to
say that you need time to write that in the ordinance or can
yOU .... "
Debra Drayovitch: "Well ..... "
Council Member Alexander: "...write that in the language based
on intent of Council here tonight?"
Debra Drayovitch: "No, sir. A, I would require that the
wording be approved on a matter such as this by the Council.
don't think the muffler use language will be hard. However,
'I'm hearing discussion even in the audience about points, a, as
far as the fence. If somebody has a a description drawn up or
or a language I would certainly want the Council to be
satisfied that that language is specific enough."
Mayor Stephens: "Ms. Hopkins."
Council Member Hopkins: "Might I ask the Attorney then what
would be her suggestion to us? To go on and take the vote
representing these changes that we would require and that I
would feel this whole Council would certainly bind them and
then in two weeks bring us back the ordinance with the
language? Can we do that? Can tonight's vote tell you what to
do and then you bring us back the ordinance with the wording to
be approved officially?"
Debra Drayovitch: "That, that's a very good suggestion. Like
I said I don't have problem with the sale and installation of
mufflers, but I am a little bit concerned about drawing up a
proper specific condition regarding the fence."
Mayor Stephens: "Yes, Ms. Hopkins."
Council Member Hopkins: "I might lust add for the audience
that one reason we want to give this time. We have been, the
Council has been remiss in the past in asking for specific
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City of Denton City Council Minutes
September 5, 1989
Page 28
Council Member Hopkins (continued): "legal wordage or to
change something that night and then it doesn't exactly come
out right or it didn't say what we thought it did and she's
been put on the spot because it had to be done rapidly. That
was the reason for that question."
Mayor Stephens:
Alexander."
"Any further comments or questions. Yes, Mr.
Council Member Alexander: "I have another question for Mr.
Robbins. If this site plan were to be approved tonight and
indeed the fence is clearly included in that site plan
regardless of whether we added the other language or not, we're
talking about specifically now the fence included in the site
plan as presented on the screen. What are the requirements for
maintenance of that fence over time? How can that be
enforced? Are there any provisions that we can utilize as a
city to enforce those requirements?"
Frank Robbins: "Sure. If it's, if it's a required, in this
case wall or any other kind of development, it would be part of
a detail plan that we would approve that would have to be
maintained and if it became dangerous or fell down and just
failed to serve the purpose for which we intended or
thought...intended it to be at the time we approved the
ordinance, it would be a zoning violation."
Council Member Alexander: "Okay, it would be a zoning
violation and could be enforced as such in that context."
Frank Robbins: "That is correct."
Council Member Alexander: "Can that be incorporated, Madam
Attorney, into the remainder of the fence that is not a part of
this site plan as presented here tonight? Because I worry
about the technical aspects there, too."
Debra Drayovitch: "We can require, or the City Council can
require anything by an ordinance. A...again, I wouldn't know
the caveat that I earlier stated."
Mayor Stephens: "Okay. Any further comments, questions. What
is the pleasure of the Council concerning .... "
Council Member Boyd: "Let me ask .... "
Mayor Stephens: "...this item. Yes sir."
Council Member Boyd: "...as a point of information. · A, what,
a, was the attorney's recommendation with regards to voting on
this before we have precise language?"
City of Denton City Council Minutes
September 5, 1989
Page 29
Debra Drayovitch: "Council Member Boyd, prior to I think your
election as Council Member in planned development zoning
ordinances this is exactly what the Council used to do. I
think that Mayor Stephens and Council Member McAdams will
remember. The Council would vote in principal on an ordinance
that was a, I know this isn't a complex -ordinance, but
sometimes the larger Planned Developments were, and direct the
City Attorney to prepare the appropriate instrument to bring
back at the next meeting. And that practice does have
precedent. A .... "
Council Member Boyd:
was unsuitable..."
"Okay. At that point, if the language
Debra Drayovitch: "That's correct."
Council Member Boyd: "...it (inaudible)"
Debra Drayovitch: "But you satisfied your legal requirement
for a public hearing and a generally the the while it's not
binding, the original vote has always been followed. Given
minor differences in or variations in working out the wording
on a particular section. Does that answer your question?"
Council Member Boyd: "Yes, it does."
Mayor Stephens: "Okay, what is the pleasure of the City
Council concerning this proposal for a Planned Development in
this particular detail plan for 1.77 acres adjacent to Wolfe
Nursery otherwise knows as the Pep Boys proposal? Do you need
additional .... "
Council Member McAdams: "Mr. Mayor, in order just to provide
some noise? I will move denial of the request."
Mayor Stephens:
second?"
"We have a motion for denial.
Is there a
Council Member Hopkins: "Mayor Stevens .... "
Council Member Ayer: "I'll second the motion."
Mayo~ Stephens: "A motion and a second. A motion for denial.
Is there discussion by the Council?"
Council Member Gorton: "Mr. Mayor?"
Mayor Stephens: "Yes."
Council Member Gorton: "On a motion for denial, does that also
require the 20% rule or a simple majority?"
Mayor Stephens: "That's why we have a Parliamentarian here."
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City of Denton City Council Minutes
September 5, 1989
Page 30
Debra Drayovitch: "I'm trying to think if this has every come
up before. As in many issues in this case, I haven't faced
this particular one, but I would assume that by default only a
majority would be necessary."
Mayor Stephens: "Motion and a second for denial. Is there
further discussion? If not, the Council will now vote."
NOTE: THIS ENDS THE VERBATIM TRANSCRIPTION OF THE MINUTES.
The following ordinance was considered:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE APPROVAL OF A PLANNED DEVELOPMENT DISTRICT
DETAILED PLAN FOR 1.727 ACRES OF LAND LOCATED ON THE
1-35 SERVICE ROAD, ADJACENT TO WOLFE NURSERY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Ayer seconded denial of the request.
vote. McAdams "aye," Alexander "aye," Hopkins "nay,"
"nay," Ayer "aye," Boyd "aye," and Mayor Stephens
Motion carried with 5-2 vote.
On roll
Gorton
"aye."
B. The Council held a public hearing and considered
adoption of an ordinance amending Appendix B-Zoning of the Code
of Ordinances of the City of Denton, Texas, by adding a new
Article 28B to provide for regulations for the Oak-Hickory
Historic District, including architectural, sign, and parking
regulations. (Historic Landmark Commission and Planning and
Zoning Commission recommend approval.)
The Mayor opened the public hearing.
Mike Cochran0 Chairman of the Historic Landmark Commission,
spoke in favor of the ordinance. The Commission felt that this
ordinance would fine tune the Historic District's ordinance to
provide for codified regulations in this area. Problems that
had been identified by Council and explained in the detail in
the Work Session had corrected the deficiencies of the
ordinance.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
September 5, 1989
Page 31
NO. 89-110
AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A
NEW ARTICLE 28B TO PROVIDE FOR REGULATIONS FOR THE
OAK-HICKORY HISTORIC DISTRICT, INCLUDING
ARCHITECTURAL, SIGN, AND PARKING REGULATIONS:
PROVIDING FOR A PENALTY IN THE MAXIMUI~ AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
C. The Council held a public hearing and considered
a resolution adopting an Appendix A for the Denton Development
Plan; adopting an amended "Concept Plan" for the Denton
Development Plan; and providing for an effective date. (The
Planning and Zoning Commission recommended adoption.)
The Mayor opened the public hearing.
Bill Claiborne, 820 Smokerise, Chairman of the Appendix A Task
Force, spoke in favor of the resolution. The Denton
Development Plan had a Concept Map which defined three areas of
development: low intensity, moderate activity centers, high
activity centers. The Task Force addressed the technical areas
of the Concept Map. The resolution addressed the criteria used
in developing the specific area maps and the maps themselves.
No one spoke in opposition.
The Mayor closed the public hearing.
The following resolution was considered:
NO. R89-054
A RESOLUTION ADOPTING AN APPENDIX A FOR THE DENTON
DEVELOPMENT PLAN: ADOPTING AN AMENDED "CONCEPT MAP"
FOR THE DENTON DEVELOPMENT PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
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City of Denton City Council Minutes
September 5, 1989
Page 32
Counofl Member Ayer expressed the appreciation of the Council
to the,Appendix A Task Force for the monumental job they had
performed.
D. The Council held a public hearing and considered
a resolution amending the Denton Development Plan by deleting
multi-family and high density housing developments as being
eligible for intensity bonuses: and providing for an effective
date. (The Planning and Zoning Commission recommended
adoption.)
The Mayor opened the public hearing.
Harry Persaud, Senior Planner, spoke in favor of the
resolution. The Denton Development Plan approved in September
of 1988 contained a policy which allowed for an intensity bonus
to be granted for multi-family development. The intention was
that the bonus would only be granted for community facilities,
public office spaces, parks, etc. The Appendix A Task Force
felt that multi-family would no longer be included in the list
eligible for the bonus.
Mitchell Turner, 2118 Stoneview, spoke in favor of the
resolution. As a member of the Appendix A Task Force, he felt
that the only thing bonuses would be granted for is for open
space or community facility.
The Mayor closed the public hearing.
The following resolution was considered:
R89-055
A RESOLUTION AMENDING THE DENTON DEVELOPMENT PLAN BY
DELETING MULTI-FAMILY AND HIGH DENSITY HOUSING
DEVELOPMENTS AS BEING ELIGIBLE FOR INTENSITY BONUSES;
AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
E. The Council held a public hearing regarding the
adoption of the proposed 1989-90 tax rate.
City of Denton City Council Minutes
September 5, 1989
Page 33
Lloyd V. Harrell, City Manager, presented an overview for both
the tax rate and the program of services. The proposed tax
rate of .6240 was a little over a three cent increase in the
proposed budget devoted to public safety type needs that had
been articulated by the Council. The increase would bring in a
little over $400,000. The various patrol officers,
communication dispatchers, the first narcotics unit of the
City, and an expansion of of the DARE program would be funded
from the earmarked two cents of the increase. The remaining
1.12~ increase would bring the City even with this year because
of lost valuation.
Mr. Harrell reported the the budget called for the expenditure
of $122,332,279 for all funds of the City compared to this
year's adopted budget of $119,937,684 or slightly less than a
2% increase in the total City budget. This was a status quo,
hold-the-line budget with the exception of public safety.
The Mayor opened the public hearing.
Mitchell Turner, 2118 Stonegate, spoke in opposition to the tax
increase. Taxpayers had been asked to fund seventeen new staff
positions and a $435,000 salary increase package. Mr. Turner
stated that when people and businesses of this City were not
prospering, Staff should not ask for more. Mr. Turner felt
that this was not the time to be increasing City taxes in real
dollars. Mr. Turner felt that no conscious effort had been
made to keep taxes down even during the time of our City's
prosperity. Mr. Turner offered some specific requests and
suggestions. Mr. Turner felt that the increase in City staff
was out of line. He felt the City Staff should be reorganized
from top to bottom along with a hiring freeze, no new positions
and without a reduction in City services. Mr. Turner felt that
there should be no salary increases. He also felt the GIS
computer system should result in a reduction of personnel
costs. Mr. Turner questioned the need for a new vehicle
maintenance facility, and the increase in the economic
development budget expenditures. Mr. Turner felt the budget
was a good budget for the Staff but not for the taxpayers. Mr.
Turner requested that the Council hold the tax rate to the
effective rate of .60601.
Council Member Randall Boyd commented that the figure Mr.
Turner recommended the City use and the figure recommended to
Council by staff represented the increase proposed in law
enforcement. Mr. Boyd questioned whether Mr. Turner thought
the City ought to be striving towards this goal.
159
160'
City of Denton City Council Minutes
September 5, 1989
Page 34
Mr. Turner replied that he was suggesting a zero personnel head
count increase and reorganizing the staff so that the 17
proposed positions in law enforcement could be accommodated.
Mr. Turner also questioned the need for 16 of the 17 proposed
new positions.
Council Member Hopkins stated she was in agreement with Mr.
Turner, and if at all possible, she did not want to see a tax
increase.
Council Member McAdams stated that she supported Council Membe~
Hopkin's feelings and felt the need to hold the line on taxes.
McAdams also stated that she felt that funding new positions
for one half year in a new budget year and an entire year in
the next budget year was not a good practice because it would
not give an accurate picture of the cost of the new person.
Ms. McAdams also felt that there may be a need to cut some
items or delay some programs in order to get the budget down.
Mr. Turner asked if the Council had taken a good look at what
the average cost of a new hire in this budget. It was $21,000
per year per new hire.
Council Member McAdams stated that the
enhancements that had been bought for City
making the staff more productive.
equipment and
staff should be
Robert LaForte, 2917 Croyden, Chairman of the Public Utilities
Board and former Chairman of the Planning and Zoning
Commission, stated that the geographical information system was
more than a mapping system and necessary for planning for the
future. Mr. LaForte pointed out a number of advantages of the
system throughout the City including Fire and Police response
time.
Council Member Alexander stated that he agreed with Mr. LaForte
and felt he had taken a very responsible but very conservative
position in support of the GIS system.
D.W. Edwards, 3005 Windy Hill and Controller for Peterbilt
Motors, stated that he felt Peterbilt Motors had been a
socially responsible business since locating in Denton. He
stated that Peterbilt Motors was very concerned with the tax
£ates in the city and county of Denton for their business and
for their employees. Mr. Edwards questioned why there was a
need for a 1.12~ increase for an eroding tax base and why was
there an eroding tax base. He also questioned if the tax base
lowers would not the level of services also lower and what fine
tuning was needed to maintain costs.
City of Denton City Council Minutes
September 5, 1989
Page 35
Lloyd Harrell, City Manager, explained that the property tax
system in the State of Texas was divided into two parts. One
was a tax rate set by the taxing entity and secondly an
appraisal set by an independent tax appraisal agency outside of
the control of the city, school district or county. The
Appraisal Districts reported that the actual assessed value in
the City of Denton went down this year over what it had been
previously. We had a lower valuation in the community despite
the addition of TI and the expansion of Peterbilt. Without TI
and the Peterbilt expansion, the tax base would have been
substantially less, The primary reason given by the Appraisal
District was centered on apartments in the community which had
previously been valued on an income basis at the request of the
owners as opposed to a market value basis which was their
option. Vacant commercial property in town was also reduced in
value.
Harrell stated that reducing City services was an option that
the Council had as they set the tax rate. When presenting the
preliminary budget to Council, Staff addressed major issues.
Some of the alternatives presented call for a reduction in
services. In response to concern for the burden placed on city
taxpayers, City staff had addressed certain line items in
City's General Fund budget eliminating approximately $4Zl,000
worth of expenditures that the City'had this year that were not
recommended to Council to continue next year.
Council Member Boyd asked how did Denton's decrease in tax base
compare to other areas of Denton County.
Harrell replied the there was no generalization that could be
made. Flower Mound had an increase. On the other hand, the
City of Lewisville had lost more valuation than Denton. Some
areas in Dallas County had lost considerable valuation.
Council Member Boyd stated that the City of Denton had found a
law enforcement program that was successful in meeting the
needs of the citizens in the C.O.P. program. However, to
expand or even to continue the present level of service would
cost more money.
Edwards stated that the Council must place a priority in where
they-were going to spend money and perhaps adjust the level of
service somewhere else.
The Mayor declared the public hearing closed.
adoption of
Services.
The Council held a public hearing regarding he
the proposed 1989-90 City of Denton Program of
161
The Mayor opened the public hearing.
162
City of Denton City Council Minutes
September 5, 1989
Page 36
Edward Coomes, 809 Denton Street, asked the Council to try to
find $4,600 for the Denton County Prenatal Clinic to assist the
lonely and economically deprived citizens of Denton. The
services of the clinic are provided almost totally by
volunteers.
Roberta Donsbach, Director of SPAN, spoke on behalf of SPAN'S
request for funding from the City of Denton for $38,000 for
senior services and $40,000 for Handi Hop transportation.
Senior services included door-to-door transportation for the
elderly, three meal sites in the City of Denton for elderly,
and social services for the fragile elderly. Ms. Donsbach
stated that there had been a tremendous surge in the number of
people eligible to use Handi Hop in the last few years. Not
only did the $40,000 requested provide transportation, it also
was the local match for transit for the Section 18-Rural
Transit Program. The moneys would also be used for the
trolleys which would be used to start the public transportation
program which had been worked on for several years.
Dorothy Domico, 1801 Panhandle, spoke as a member of the Human
Services Committee of the City of Denton in support of the
recommendations already made to Council for human services
funding. The Committee 'used the criteria outlined by the
Council. The list presented to the Council included the seven
agencies funded previously with fundamentally no changes and
added two new agencies.
Adrian Anderson, Executive Director of Ann Haven's Hospice,
stated that this agency had been very directly impacted by the
increase in medical expenses which everyone was facing. With
the economic conditions as they were, Ann Haven's Hospice had
increased demand for services. Ms. Anderson stated that they
had doubled in size since January.
The Mayor closed the public hearing.
Council recessed for a short break.
3. Council received a citizen's report from John McDonald
regarding access to property on E. McKinney.
John McDonald, Route 11, Box 655, on East McKinney Street,
stated he had been a resident at this address since 1976 and
presented facts about the road easement in dispute. On Friday,
May 26, 1989, the City of Denton graded the said road in
question. In so doing, the City had taken additional footage
of Mr. McDonald's property which included dirt, grass, and rock
and also tore out two driveways put in for access to his
property - one on the east side of the road and one on the west
side of the road to his mother's residence. This action was
taken without Mr. McDonald's permission. Since that time, the
City of Denton City Council Minutes
September 5, 1989
Page 37
driveway on the east side had been fixed, and the driveway on
the west side had not been fixed. Mr. McDonald had sought and
received permission from his neighbor to tie onto her fence.
Before construction of the fence, Mr. McDonald had the property
surveyed. Dissatisfied neighbors north of Mr. McDonald's
property had not furnished the proper legal documents
concerning the easement of the road in question, and these
documents were not recorded in the County Courthouse as of
August 3, 1989. The road in question had never been dedicated
as an official County road.
Mr. McDonald stated that the City of Denton Fire Department had
no problem with access to the adjoining property on the 20 foot
easement. Also, many utility and waste disposal trucks had no
problem accessing the properties in question. Mr. McDonald
stated that he would never block access to the residents and
businesses located north of his property.
4. Council received a petition from Carol Kelly regarding
the institution of a curfew in the City of Denton.
Carol Kelly, 2401 KingSton Trace, stated that she would like to
petition the Council for a curfew for the children of Denton.
Because of increased vandalism, Ms. Kelly felt a curfew of 11
p.m. for children under 16 would provide the police and parents
of the children another tool in which to keep these children
under control.
Item 7.B. was moved ahead in the agenda order.
7. B. The Council considered approval of a resolution
temporarily closing Congress Street between Alice Street and
Denton Street on Friday, October 20, 1989.
The following resolution was considered:
NO. R89-057
163
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE
STREET AND DENTON STREET ON FRIDAY, OCTOBER 20, 1989; AND
DECLARING AN EFFECTIVE DATE.
Eleanor Ismart, 3000 Montecito, stated that she represented the
Calhoun PTA which had opted to have "Cougar Day" in the fall
this year. They requested that the block in front of Calhoun
J~nior High School between Alice and Denton Street be closed on
"Cougar Day" from 3 p.m. to 7 p.m. in the interest of the
safety of the students.
16,4
City of Denton City Council Minutes
September 5, 1989
Page 38
Hopkins motioned, Alexander seconded to approve the
resolution. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
Regular agenda order was resumed.
Consent Agenda
Hopkins Motioned, McAdams seconded to approve the Consent
Agenda as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid ~9998 - Asbestos Removal at Power Plant
2. Bid ~1002 - Transformers
6. 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. 89-111
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.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
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. 89-112
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Denton City Council Minutes
September 5, 1989
Page 39
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
C. The Council considered adoption of an ordinance
designating and establishing speed zones on State Highway FM
426 (McKinney Road) from northbound U.S. Highway 77 (Locust
Street) to eastern city limits for a distance of 5.151 miles:
providing for a penalty of a fine not exceeding two hundred
dollars ($200.00): providing a severability clause: and
declaring an effective date. (Citizens Traffic Safety Support
Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that the last time
this ordinance was presented to Council the suggestion from
Traffic Safety was for a little higher speed limit in the area
of Mack Park and the new subdivison near Mack Drive. At
Council's request, staff tested the area and Traffic Safety
supported the recommendation of a reduced speed to 35 m.p.h.
The following ordinance was considered:
NO. 89-113
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES
ON STATE HIGHWAY FM 426 (MCKINNEY ROAD) FROM
NORTHBOUND U.S. HIGHWAY 77 (LOCUST STREET) TO EASTERN
CITY LIMITS FOR A DISTANCE OF 5.151 MILES; PROVIDING
FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED
DOLLARS ($200.00): PROVIDING A SEVERABILITY CLAUSE:
AND DECLARING AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton, Texas, and Friends of the Family, Inc., to provide
assistance for abused women and children: authorizing the
expenditure of funds therefore: and providing an effective date.
Lloyd V. Harrell, City Manager, reported that this was the
second step in implementing the homeless grant which was
acquired by the City.
165
The following ordinance was considered:
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City of Denton City Council Minutes
September 5, 1989
Page 40
NO. 89-114
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND FRIENDS OF THE FAMILY,
INC., TO PROVIDE ASSISTANCE FOR ABUSED WOMEN AND CHILDREN;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "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, amending Section 4-5 of the Code
of Ordinances: establishing the Animal Shelter Advisory
Committee; prescribing the duties therefor; prescribing
qualifications and terms of office; renumbering the renumbering
the remaining sections of Article I of Chapter 4 of the Code:
and providing an effective date.
The following ordinance was considered:
NO. 89-115
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION 4-5 OF THE CODE OF ORDINANCES; ESTABLISHING
THE ANIMAL SHELTER ADVISORY COMMITTEE; PRESCRIBING THE
DUTIES THEREFOR; PRESCRIBING QUALIFICATIONS AND TERMS
OF OFFICE; RENUMBERING THE REMAINING SECTIONS OF
ARTICLE I OF CHAPTER 4 OF THE CODE; AND PROVIDING AN
EFFECTIVE DATE.
Boyd motioned, McAdams seconded to adopt the ordinance filling
the the blanks as follows: five (5) members (the fifth member
to be a citizen, not involved by occupation or membership in
any of the above mentioned categories or groups), two (2)
members shall be appointed to serve a term expiring on June 30,
1990, and three (3) members shall be appointed to serve a term
to expire on June 30, 1991, to be determined by lot at the
first meeting. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously,
F. The Council considered adoption of an ordinance
amending Article I of Chapter 22 "Taxation" of the Code of
Ordinances of the City of Denton, Texas amending section 22-2
relating to payment of taxes: repealing sections 22-3, 22-4 and
22-5 relating to delinquent taxes: repealing all ordinances in
conflict therewith: and providing for an effective date.
City of Denton City Council Minutes
September 5, 1989
Page 41
The following ordinance was considered:
,NO. 89-116
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 22
"TAXATION" OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS AMENDING SECTION 22-2 RELATING TO
PAYMENT OF TAXES: REPEALING SECTIONS 22-3, 22-4 and
22-5 RELATING TO DELINQUENT TAXES; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt this ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
7. A. The Council considered approval of a resolution
approving the exchange of certain fire hose with the City of
Aubrey: and providing for an effective date.
The following resolution was considered:
NO. R89-056
A RESOLUTION APPROVING THE EXCHANGE OF CERTAIN FIRE HOSE WITH
THE CITY OF AUBREY; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
B. Item 7.B. was considered earlier in the meeting.
C. The Council considered approval of a resolution
authorizing the City Manager to execute a lease agreement
between the City of Denton and Ernest and Lewis Trietsch for
property located at the City of Denton Municipal Airport,
Denton, Texas and providing for an effective date. (Airport
Board recommends approval.)
Rick Svehla, Deputy City Manager, stated that this was for the
agricultural lease at the Airport. This lease had been
negotiated last year.
Council Member Ayer questioned if the rent had been paid for
the past year.
167
Svehla stated that the rent had been collected.
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City of Denton City Council Minutes
September 5, 1989
Page 42
The following resolution was considered:
NO. R89-058
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND ERNEST
AND LEWIS TRIETSCH FOR PROPERTY LOCATED AT THE CITY OF
DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING
FOR AN EFFECTIVE DATE.
McAdams motioned, Alexander seconded to approve the
resolution. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
D. The Council consider approval of a resolution
authorizing providing sewer service to property owned by
Muskett Corporation as described herein; and providing for an
effective date. (PUB and P&Z recommend approval.)
R. E. Nelson, Executive Director for Utilities, stated that two
years ago the Love's Country Store on north 1-35 requested to
tie into our sewer system. Since that area was certified to
the City of Denton, the City said yes pending Board and Council
approval. Love's would have to pay all costs for a pump
station and a force main down to the City system. Love's had
delayed further action due to cost but had now decided to move
forward.
Council Member Gorton questioned if there would be a pro rata
charge for any other property owner who may want to tie into
this line.
Nelson stated that at the present time the City was not looking
at oversizing that line and were not looking at any pro rata
charges for anyone tieing into that line.
NO. R89-059
A RESOLUTION AUTHORIZING PROVIDING SEWER SERVICE TO
PROPERTY OWNED BY MUSKETT CORPORATION AS DESCRIBED
HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Ayer seconded to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
City of Denton City Council Minutes
September 5, 1989
Page 43
169
E. The Council considered approval of a resolution
authorizing letter of intent by the cities o~ Bryan, Denton,
Garland and Greenville to sell electric power and energy to the
City of College Station. (PUB recommended approval.)
R. E. Nelson, Executive Director for Utilities, stated that
this was the same letter the Council had seen about a month
ago. The document had undergone some revision in the other
cities but essentially was the same document.
NO. R89-060
A RESOLUTION AUTHORIZING A PROPOSAL TO THE CITY OF
COLLEGE STATION, TEXAS, OFFERING THE SALE OF POWER AND
ENERGY BY THE CITY OF DENTON, TOGETHER WITH THE CITIES
OF BRYAN, GARLAND AND GREENVILLE, BEGINNING IN 1992;
AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded approval of the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
F. The Council considered approval of a resolution
authorizing the City Manager to execute a contract between the
City of Denton, Texas and the Texas State Library for the
City's provision of library services to disadvantaged
populations; and providing for an effective date.
Joella Orr. Library Director. stated that this was a
continuation of the Outreach Program started at the Martin
Luther King Recreation Center last year which had great success.
NO. R89-061
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE
TEXAS STATE LIBRARY FOR THE CITY'S PROVISION OF
LIBRARY SERVICES TO DISADVANTAGED POPULATIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded approval of the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
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City of Denton City Council Minutes
September 5, 1989
Page 44
G. The Council considered approval of a resolution
of the City of Denton City Council supporting the introduction
of fire suppression legislation regulating buildings owned by
the State of Texas.
John Cook, Fire Chief, stated that previously he had reported
to Council his concern on the inability of the Fire Department
to enforce codes and regulate state owned buildings. Denton
had over 150 buildings owned by the State of Texas in the City
of Denton. The Texas Municipal League had asked for any
resolutions for consideration at this year's conference in
order to gear up for the next session of the legislature.
NO. R89-062
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING THE
INTRODUCTION OF FIRE SUPPRESSION LEGISLATION REGULATING
BUILDINGS OWNED BY THE STATE OF TEXAS; AND DECLARING AN
EFFECTIVE DATE.
McAdams motioned, Alexander seconded approval of the
resolution. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
Miscellaneous matters from the City Manager.
City Manager Harrell presented the following item:
1. The City Manager presented a review of the
remaining budget issues to be discussed on September 12, 1989.
All Staff had done at this point was make a listing of the
issues which the Council had indicated that would like to
receive further information. The Staff planned to address each
item in detail at the meeting on the 12th. The Manager stated
that Staff would be happy to address any other issue which the
Council so desired.
Council Member Gorton requested that the health insurance plan
be a specific item.
Mayor Pro Tem Ayer requested not only a
contributions for economic development,
contributions that could be included.
listing of direct
but also indirect
The Mayor requested that Staff provide details on the point Mr.
Mitchell Turner expressed that Lewisville had lowered their tax
rat~. The Mayor had al~o requested a p~iority listing of items
requested in the new budget.
City of Denton City Council Minutes
September 5, 1989
Page 45
171
Harrell indicated that the list of requests for the new budget
year were located in the budget document and were ranked in
priority order.
8. There was no official action taken during the Work
Session Executive Session.
9. New Business
No items of new business were suggested by Council Members for
future agendas.
10. The Council then convened into the Executive Session
to discuss legal matters (considered action in In Re: Flow,
Denton County vs. City, Ali A1-Khafaii vs. City and Struble vs.
City), real estate and personnel/board appointments (considered
appointments to the Board of Adjustments, Building Code, Cable
TV Advisory Board, Citizens Traffic Safety Support Commission,
Electrical Code Board, Human Services Committee, Main Street
Advisory Committee, Animal Shelter Advisory Committee and the
North Texas Higher Education Authority).
The Council reconvened into open session and took the following
action:
A. The Council considered appointments to the Board
of Adjustment, Building Code, Cable TV Advisory Board, Citizens
Traffic Safety Support Commission, Electrical Code Board, Human
Services Committee, Main Street Advisory Committee and Animal
Shelter Advisory Committee.
The following appointments were considered:
Cable TV
Susan McGuire
1989-92
Building Code Board
Don Fletcher (move from alternate to full member) 1989-91
Huma~ Services
Linda Holloway
Sandy Kristoferson
1989-91
1989-90
Electrical Code Board
Trenton L. Williams 1989-90
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City of Denton City Council Minutes
September 5, 1989
Page 46
Citizens Traffic Safety Support Commission
Betty Butch
Gorton motioned, Alexander seconded to approve the
appointments. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
B. The Council considered appointments to the North
Texas Higher Education Authority.
The following appointment was considered:
North Texas Higher Education Authority
Re-appoint Lindsay Keffer
Gorton motioned, Alexander seconded to approved the
appointment. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
With no further business, the meeting was adjourned at 11:25
p.m.
CITY ~F DENTON, TEXAS
DEPUTY CITY SECRETARY
CITY OF DENTON
4703M