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
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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
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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
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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.)
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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.
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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.
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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