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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. 127 128 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. 129 Postponed until the next meet{ng. 130 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 132 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?" 134 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. 135 136 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 ..... 137 138 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 140 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." 141 14 2 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." 144 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 146 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?" 147 148 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." 149 150 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)" 152 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 153 154 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." 155 156 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. 157 158 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: 166 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. 168 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. 170 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 1989-90 172 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