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Minutes June 4, 1996CITY OF DENTON CITY COUNCIL MINUTES June 4, 1996 The Council convened into a Closed Meeting on Tuesday, June 4, 1996 at 5:45 p.m. in the Civil Defense Room of city Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None The Council discussed the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered acceptance of a possible assignment on behalf of a 4B non-profit economic development corporation to be formed by the city from Bill Methenitis, Trustee; the possible lease of the assigned property and deaccession with City Attorney regarding terms of the lease relative to the vacant Texas Instruments facility. Deliberated and considered the appointments to and possible litigation to resolve conflict of interest questions with regard to the Board of Directors of the Economic Development Corporation of Denton, Inc. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Considered acceptance of a possible assignment on behalf of a 4B non-profit economic development corporation to be formed by the city from Bill Methenitis, Trustee; the possible lease of the assigned property and deaccession with City Attorney regarding terms of the lease relative to the vacant Texas Instruments facility. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Deliberated and considered the appointments to and possible litigation to resolve conflict of interest questions with regard to the Board of Directors of the Economic Development Corporation of Denton, Inc. The Council convened into a Regular Meeting on Tuesday, June 4, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Biles, Cott, Krueger, and Young. ABSENT: None 403 1. Pledge of Allegiance 404 City of Denton City Council Minutes June 4, 1996 Page 2 The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. Mayor Miller presented Yard of the Month awards to: Ben E. Keith Beers Larry and Terry Arnett Richard Andrew and Diane Buchanan Howard and Loraine Foster W. J. Blagg, Jr. and Candy Blagg Cooper's Copies and Printing 2. The Council considered approval of the minutes of May 7 and 14, 1996. Biles motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizen report from Bertha Odnoposoff regarding a City subcontractor destroying her bushes on Longridge Drive. Ms. Odnoposoff was not present at the meeting. B. The Council received a citizen report from Nell Lights regarding various issues with the City. Ms. Lights stated that conditions regarding her issues had not improved during this past week. David Salmon, Civil Engineer, came to her property, 516 East Prairie, to inspect whether she could build a home on her property. He indicated that half of her property was in the flood way and half was out of the flood way. She could build a home on the property but only on a certain portion of the property. She had a conference with Frank Robbins, Director of Planning and Development, who indicated that she did not have a problem except for that the property was zoned retail. She knew 514 Prairie was zoned retail but thought 516 was zoned residential. Her tax statements from the City and County indicated that that property was residential. If she had known the property was not residential, she would not have purchased the property. She was in the process of remodeling 514 Prairie as an office and was moving a building to that location. She received a letter from Jackie Doyle, Building Official, which indicated that she would have to have seven pa~kin~ lot spaces fo~ he~ office building. She had asked Mr. Robbins if she needed the parking spaces first and he stated no that they could be put in afterwards. When she went to get her permit she was denied the permit. She only had two days to City of Denton City Council Minutes June 4, 1996 Page 3 405 put in the parking lot or she would lose the house. She felt it was unfair and asked Council for help with the matter. Ce regarding Cleaners. The Council received a citizen report from Heidi Robinson illegal workers standing on the corner at Tippins Ms. Robinson stated that the situation on the corner by her business had gotten out of control. Several weeks ago when the Immigration Service was called, the workers felt she had called the police. On Monday the men began holding up their fists to the workers at the cleaners. On Tuesday, someone tried to rob her business. The next day someone called a lady working in the afternoon at the cleaners to ask her if she scared enough. She had asked for police cars for surveillance but did not get very good response. On Thursday a worker came out of a restroom and discovered a garment on fire from the bottom up by the door. The Fire Department answered the 911 call extremely fast and probably saved the cleaners and the worker from harm. The initial report from the Fire Marshall was that it was their fault due to a faulty conveyor belt. Since then the fire report stated that the cause was inconclusive. Her fire investigators have indicated that it was not the fault of the machinery. It was scary to have those men standing there and customers were afraid to come in to the business. Nothing had been done to solve the problem. She could not reopen her business due to the situation on the corner. Mayor Miller stated that Council would be brought up to date on the situation. The City was working with other citizens in the community regarding the situation in the area. Council Member Young stated that he sympathized with her and understand the problem. The City had met with the business people in the area and at this time was working on the problem. Council Member Cott stated that they had located a private corporation to raise funds to see that a facility was established for the day workers. There was a major influx of people in the area and the INS removed a good number of those people. He spent much time on that street and felt there was no way the men could be made to be quiet in the hot sun. They were looking for a place for those individuals to sit and have a restroom which would be hopefully away from the businesses. Council Member Young stated that the business people in the area had a legitimate concern regarding the situation. He suggested the Council consider an ordinance indicating no standing, sitting, parking, etc. on that portion of Locust ~treet. Mayor Pro Tem Brock stated that in the meantime criminal acts and harassment of citizens was a city concern and there needed to be 406 City of Denton City Council Minutes June 4, 1996 Page 4 action taken when there were those types of acts. police could concentrate on that area for a while. Perhaps the Council Member Biles stated that there were two issues. One was the City trying to move forward on the Labor Exchange issue which had been worked on for nearly a year with some progress being made. The other issue was one of enforcement. 4. Citizen Requests A. The Council considered a request from Robin Selman for an exception to the noise ordinance for a bikini contest on Sunday, June 30, 1996 from 3:00 p.m. - 5:00 p.m. at 112 Eagle Drive. Veronica Rolen, Administrative Assistant, stated that Robin Selman had requested an exception to the noise ordinance for June 30th. The event would take place in the parking lot of Igloo's on Eagle Drive. Because the event was in a commercial zone a temporary use permit was required in order for the event to take place. The Building Official could grant the permit if certain conditions were met. If Council granted this exception it would be contingent on obtaining the temporary use permit. Young motioned, Biles seconded to approve the request. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning 1.32 acres to the Multi-Family-1 (MF-1) zoning district, from the General Retail (GR) district. The site was located on the south side of Hercules Road, approximately 180 feet west of Stuart Road. (The Planning and zoning Commission recommended approval 4-2.) Frank Robbins, Director for Planning and Development, stated that the agenda back-up indicated that over 29% of the property within 200 feet was in opposition which would require a super majority vote by Council. That was no longer the case as there was a withdrawal o£ opposition so that les~ than 20% of %he land was in opposition. Approval by Council would not require a super majority vote of the Council. The property had been zoned general retail for many years. The applicant was applying for multi-family to build apartments at the site. There were other apartments in the manner of four-plexes in the area along with single family residences. The proposal would be oon~idered a downzoning due to the reduction of intensity from general retail to multifamily. The Mayor opened the public hearing. ~'"; City of Denton City Council Minutes June 4, 1996 Page 5 407 Jack Bell stated that he had sent a letter to the neighbors in the area indicating that he would meet with them regarding the preliminary plans for the development. He received one call as a result of that letter. That caller wanted to review the plans for the traffic plans and the parking for the proposal. Due to that one call, he felt confident that he would not have opposition when he went to the Planning and Zoning Commission. The neighbors main concerns dealt with (1) increased traffic, (2) parties at the apartments, and (3) the location of the drive. The residents indicated that they would like a 9:00 p.m. curfew in the area as the current businesses closed at 9:00 p.m. He used the Texas Apartment Association lease which he felt would take care of any possible party violations. The location of the driveway had not been confirmed at this point. He had not been aware of the 9:00 p.m curfew issue before the Planning and Zoning Commission meeting. He did have a letter of intent from a local businessman to put in 24 hour day care center which would take care of a curfew. The last concern was the increased traffic. Based on the International Traffic Association guidelines, a 42 unit apartment house would generate 315 trip per day as opposed to a restaurant which would generate a total of 6,900 trips per day. No one else spoke during the pubic hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-127 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATIONAND USE DESIGNATION FOR 1.32 ACRES OF LAND LOCATED APPROXIMATELY 180 FEET WEST OF STUART ROAD, ON THE SOUTH SIDE OF HERCULES ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Youn~ seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending Chapter 34, Subdivision and Land Development, amending the definition of subdivision such that lease of l&nd doe~ no% require platting, and providing for expiration periods for preliminary and final plats. (The Planning and Zoning Commission recommended approval 6-0.) 408 City of Denton City Council Minutes June 4, 1996 Page 6 Frank Robbins, Director for Planning and Development, stated that when the word "lease" was eliminated from the definition of subdivision, the process was streamlined. In the situation when there was a strip center and a number of ground leases, there would not be a requirement to plat the ground lease. This was an almost impossible provision to enforce because it might not be known how the property would be leased. The second provision dealt with the expiration of plats. This was a clarification of the existing ordinance. In 1994 it was felt that House Bill 4 would not allow the expiration of plats so the City's subdivision regulations were amended. But the wording of the ordinance indicated that if HB 4 was amended to not apply to plats, preliminary plats and final plats would expire in two years. The law was changed in 1995 which clarified that the language still applied to plats and indicated that cities might have an expiration period for plats. With the language of the 1994 amendment and the intent of HB 481, this ordinance would clarify the expiration of plats for the City. The period for a preliminary plats would be extended from two to five years. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-128 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34- 11 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO CONFORM THE DEFINITION OF "SUBDIVISION" TO SECTION 212.004 OF THE TEXAS LOCAL GOVERNMENT CODE; AMENDING SUBSECTION (d) OF SECTION 34-17 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR EXPIRATION PERIOD OF PRELIMINARY PLATS; AMENDING SUBSECTION (e) OF SECTION 34-22 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR EXPIRATION OF FINAL PLATS; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. Brock motioned, Beasley seconded to adopt the ordinance. Council Member Biles stated that the staff report indicated that the preliminary plat would expire if the final plat was not approved rather than submitted. Why was there such a distinction. Robbins stated that the final plat might be denied. A plat might be submitted and then denied. If that happened, the preliminary plat would still be in effect. City of Denton City Council Minutes June 4, 1996 Page 7 409 On roll vote, Beasley "aye", Brock "aye", Cott "aye", "aye", Young "aye", Biles "aye", and Mayor Miller "aye". carried unanimously. Krueger Motion 6. Variances A. The Council considered an exaction variance of Section 34-114(5) requiring perimeter street paving for the Alyssa and David Addition. The subject property was in, the Single Family 7 (SF-7) zoning district and was located on the north side of Willowwood Drive between McCormick and Kendolph. (The Planning and Zoning Commission recommended approval 5-0.) Frank Robbins, Director for Planning and Development, stated that this variance was associated with a four lot subdivision. This variance would allow the paving of Willowwood Drive to not be up to City specifications. Only two lots had frontage on Willowwood and the Planning and Zoning Commission felt that the cost would be excessive. Brock motioned, Biles seconded to approve the variance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council considered an exaction variance of Section 34-116(e) requiring adequate water capacity for fire protection for the GWJ Addition. The subject property was in Division 1 of the ETJ and was located approximately 700 feet east of Locust (FM 2164) approximately a mile north of Loop 288. (The Planning and zoning Commission recommended approval 4-0.) Frank Robbins, Director for Planning and Development, reviewed the next four variances as they all dealt with the same piece of property. The first variance dealt with fire flow standards with the cost of the improvements being $336,000 for the water line for the two-four acre lots. The drainage variance would eliminate the requirement to install drainage pipe in the area and dedicate a 100 year easement on the plat. The street variance dealt with a private street which would cost $35,000 which the Planning and Zoning Commission felt was excessive for the impact on the development. This variance was conditioned that the road would be at least 20' wide. The cost of the sidewalk variance would be $7,000 with no other sidewalks in the area. Biles motioned, Young seconded to approve all the variances for that piece of property as per the conditions by the Planning and Zoning Commission. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 410 City of Denton city Council Minutes June 4, 1996 Page 8 C. The Council considered an exaction variance of Section 34-124(e) concerning drainage design standards for the GWJ Addition. The subject property was in Division 1 of the ETJ and was located approximately 700 feet east of Locust (FM 2164) approximately a mile north of Loop 288. (The Planning and zoning Commission recommended approval 4-0.) This item was considered with #6.B. D. The Council considered an exaction variance of Section 34-114 (17) concerning sidewalks for the GWJ Addition. The subject property was in Division 1 of the ETJ and was located approximately 700 feet east of Locust (FM 2164) approximately a mile north of Loop 288. (The Planning and Zoning Commission recommended approval 4-0. ) This item was considered with #6.B. E. The Council considered an exaction variance of Section 34-114(3) concerning street paving standards for the GWJ Addition. The subject property was in Division 1 of the ETJ and was located approximately 700 feet east of Locust (FM 2164) approximately a mile north of Loop 288. (The Planning and zoning Commission recommended approval 4-0.) This item was considered with #6.B. 7. Consent Agenda Brock motioned, Biles seconded to approve the Consent Agenda as presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. ae Bids and Purchase Orders: Bid #1891 - Moncayo and Stuart 15" Sanitary Sewer Check Requisition - Federal Energy Regulatory Commission Be Tax Refunds 1. Elizabeth Olufsen - $912.61 8. Consent Agenda Ordinances Beasley motioned, Brock seconded to adopt the Consent Agenda Ordinances 8.A. - 8.B. On roll vote, Beasley "aye", Brock "aye"~ Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Counci'~ Min~6'' ' ~'I June 4, 1996 Page 9 411 A. NO. 96-129 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. (7.A.1.- Bid #1891) Bo NO. 96-130 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE FEES TO FEDERAL ENERGY REGULATORY COMMISSION (FERC); AND PROVIDING AN EFFECTIVE DATE. (7.A.2.) 9. Ordinances A. The Council considered adoption of an ordinance confirming the action taken by Lone Star Gas Company in accordance with the Gas Utility Regulatory Act to modify the main line extension rate and implement a weather normalization adjustment clause in the City of Denton. Bob Nelson, Executive Director for Utilities, stated that on May 24th Lone Star Oas filed its intent to modify the ordinance with the city regarding these two items. The first item was the modification of their main line extension clause within their existing rates. Presently Lone Star was required to install a gas line to any requesting customer up to 100' at no charge. Anything beyond that point was paid at a per foot price. Presently that per foot price was based on the entire system-wide average. Lone Star was asking to change that to where it was based on an actual bid price for the specific job which was a fairer method for customers. The second item was the modification of a weather normalization adjustment. Lone Start had a weather normalization which was part of their normal rate package. In the event of a cold winter month with a large volume of gas used, rather than using the same rate for that large volume, the rate would be reduced to help hold the down the bill. In that case, Lone Star would only recover the costs that it took for them to pay for the fixed part of their system. If there was a warm month and low volume of gas used, the regular rate would be used. This appeared to be rate neutral for the gas customers. The following ordinance was considered: NO. 96-131 AN ORDINANCE CONFIRMING THE ACTION TAKEN BY LONE STAR GAS COMPANY IN ACCORDANCE WITH THE GAS UTILITY REGULATORY ACT TO MODIFY THE MAIN LINE EXTENSION RATE AND IMPLEMENT A WEATHER NORMALIZATION ADJUSTMENT CLAUSE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. 412 City of Denton City Council Minutes June 4, 1996 Page 10 Biles motioned, Krueger seconded to adopt the ordinance. City Attorney Prouty stated that the ordinance needed to be changed so that the effective date would be on or after July 1, 1996. Biles motioned, Young seconded to adopt the ordinance including the change in language for the effective date. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance amending Chapter 18, Section 18-109, to provide for an additional disabled parking space on the west side of Cedar Street at its intersection with West Hickory Street; and amending Section 18-109(a) to correctly cite the new Texas Transportation Code. (The Traffic Safety Commission recommended approval.) Jerry Clark, Director of Transportation and Engineering, stated that this was a request by the Denton Community Theater for the Campus Theater building. The following ordinance was considered: NO. 96-132 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18, SECTION 18-109, TO PROVIDE FOR AN ADDITIONAL DISABLED PARKING SPACE ON THE WEST SIDE OF CEDAR STREET AT ITS INTERSECTION WITH WEST HICKORY STREET; AMENDING SECTION 18- 109(a) TO CLARIFY THE LANGUAGE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 10. The Council considered nominations/appointments to the Keep Denton Beautiful Board, the Development Policy' Committee, and the Data Proce~ming Advisory Board. Mayor Miller nominated Juanita Johnson to the Development Policy Committee. Lupe Tavor was nominated to the Data Processing Advisory Board by Council Member Young at an earlier meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Councii~Mih6~ June 4, 1996 Page 11 413 There was no nomination to the Keep Denton Beautiful Board. 11. The Council considered an appointment of a North Central Texas Council of Governments voting representative. Brock motioned, Young seconded to have Mayor Miller continue as the voting representative to the North Central Texas Council of Governments. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 12. Miscellaneous matters from the city Manager. City Manager Benavides did not have any items at this time. 13. There was no official action on Closed Meeting Items discussed during the earlier Closed Meeting. 14. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Cott requested a study to develop a juvenile curfew in City of Denton including individuals older than the juvenile age. B. Council Member Young asked the City Attorney to prepare an ordinance prohibiting standing, stopping, loitering for 1000 feet on Locust from the corner of Eagle to Locust Street. C. Council Member Young asked for an update on the Cannon drainage problem as it was felt that it was going to be worse than originally thought. D. Council Member Young asked for an in-fill policy update. E. Council Member Biles asked for a work session review of the board and commission appointments. F. Council Member Krueger asked for a review of the parking restrictions passed on certain streets near the Denton High School, in particular Linden Street. 15. Council convened into a continuation of the Closed Meeting to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 414 City of Denton City Council Minutes June 4, 1996 Page 12 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 With no further business, the meeting was adjourned. yyI P~R-~ALTERS SECRETARY OF DENTON, TEXAS ACC00316 CITY'OF DENTON, TEXAS