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Minutes November 19, 2002CITY OF DENTON CITY COUNCIL M1NUTES November 19, 2002 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 19, 2002 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Burroughs; Council Members Fulton, McNeill, Montgomery, Phillips, and Redmon. ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the Fry Street Fair, related public safety issues, and staff recommendation to relocate the event. Kathy DuBose, Assistant City Manager for Fiscal Services, presented information on surveys done to gather information on mixed beverage tax, sales tax revenues and hotel occupancy during the Fry Street Fair. Captain Paul Abbott, Denton Police Department, presented information regarding the Police Department's activities during the Fair. He reviewed the number of officers on duty during the Fair, the number of calls received during the Fair, the severely impacted streets and closed streets, cost of additional on-duty officers during the Fair, and police/fire recommendations for the upcoming Fair. The recommendation was to encourage the Delta Lodge to find a better location and not permit the Fair on Fry Street. Following discussion, the consensus of the Council was to use a fence blockade to allow access to one lane on each street as noted in the drawing of the plan; to establish a crosswalk inside the fence barriers between the stages; to increase up to 50% the police presence in number of hours with the cost passed on to the Delta Lodge; and to put the Delta Lodge on notice that they could have this location this year but must have a new location for 2004. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the City Council regular meeting of November 19, 2002. Following the completion of the Work Session, the Council convened in a Closed Meeting 1. The following was considered in Closed Meeting: Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Discussed and considered the status of Charter Communications Effective Competition Petition and discussed legal issues concerning this petition in a contested administrative proceeding with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Discussed and considered the status of the City Attorney's research and analysis of whether to pursue a claim for franchise fees for Charter City of Denton City Council Minutes November 19, 2002 Page 2 Communications' refusal to pay franchise fees on cable modem as a result of the FCC Order in March of this year and whereas to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, November 19, 2002 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Mayor Brock presented a proclamation for Santa Helper Week. Awards were given for National Purchasing Procurement Award and the Best Local Initiative Award from the North Central Texas Workforce. B. November Yard-of-the-Month Awards were given to: Albert Hammons Elizabeth Parmer and Clint Smith John and Kay Cooper Betty Jane and George Morrison Helen and Richard Hayes Mary Downey The Water Smart Garden-Bell at Robertson TexasBank C. City Manager Conduff presented recognition of staff accomplishments. 3. CITIZEN REPORTS A. The Council received citizen reports from the following: 1. David Wier regarding revisiting the selective enforcement of ordinances. Mr. Wier stated he was still unable to keep his horses at his home because he was in violation of the current city ordinance. There were many places in Denton where the ordinance was not being enforced. He had requested a variance to the ordinance but was told no variance would be granted. He asked the Council to consider a modification to the ordinance by cutting the ordinance regulation to 100 feet instead of 200 feet and to form a committee to review the provisions of the ordinance. City of Denton City Council Minutes November 19, 2002 Page 3 2. Ross Melton regarding Code Enforcement, Municipal Court, trash ordinance, and the Council. Mr. Melton reviewed his prior citation that was found defective in Court. 3. Mike Sotny regarding the Fry Street Fair. Mr. Sotney stated that the Fair belonged on Fry Street and they were working with the Police Department for a workable agreement. 4. CONSENT AGENDA Mayor Brock stated that Item 4. S. would be pulled for separate consideration. Mayor Pro Tem Burroughs asked to pull Items 4.0. and 4.P. for separate consideration. McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items O., P., and S. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. Items 4.0. and 4.P. were considered. The following Speaker Card was submitted: Jerald Yensan, representing the property owner - in favor of the variance Phillips motioned, Brock seconded to approve a partial variance as recommended for Items 4.0 and 4 P. On roll vote, Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote. Item 4. S. was considered. The following individuals spoke on the item: David Bynum, 215 Marietta Street, Denton, 76201 - opposed Elise Ridenour, 2205 West Oak, Denton, 76201 - favor Burroughs motioned, Phillips seconded to approve the initiation of the rezoning. On roll vote, Burroughs "aye", Fulton "nay", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "nay", and Mayor Brock "aye". Motion carried with a 5-2 vote. A. Approved the minutes of October 15, 2002, October 22, 2002 and November 5, 2002. B. 2002-370 - An ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for routine airport City of Denton City Council Minutes November 19, 2002 Page 4 maintenance program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date (TxDOT Project No. AM2003DNTON; and TxDOT CSJ No. :M318DNTON). 2002-371 - An ordinance authorizing the City Manager to execute change order number three to the contract between the City of Denton and Tim Beaty Builders, Inc.; providing for the expenditure of funds therefore; and providing an effective date (File 2920 - Bid 2749 - New Central Fire Station Change Order Number Three in the amount of $29,851). 2002-372 - An ordinance awarding a contract for the purchase of public access computers for the City of Denton Public Library System, Parks and Recreation Centers, Senior Center, and select community facilities as defined in the Denton Community Network Plan from Dell Computer as awarded by the State of Texas Building and Procurement Commission (formerly known as State of Texas General Services Commission) through the Qualified Information Services Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2918 - Dell Computer in an amount not to exceed $319,459). 2002-373 - An ordinance awarding a contract for the purchase of Cisco equipment for VOIP (Voice Over Internet Protocol) phone implementation at the Customer Service Department (City Hall East), New Central Fire Station, New North Branch Library, New Solid Waste Operations Building, City Hall West, Economic Development, Community Development, Main Street and Public Transportation Offices (New Wells Fargo Building) from the Forsythe Solutions Group as awarded by the State of Texas Building and Procurement Commission (formerly known as State of Texas General Services Commission) through the Qualified Information Services Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2919 - Forsythe Solutions Group in an amount not to exceed $208,516). 2002-374 - An ordinance awarding a contract for the purchase of a Printer/Plotter Scanner for the City of Denton Engineering Department from Stewart Engineering Supply, Inc. as awarded by the State of Texas Building and Procurement Commission (formerly known as State of Texas General Services Commission) through the Qualified Information Services Vendor (QISV) Catalogue Program; providing for the expenditure of funds therefore; and providing an effective date (File 2921 - Metro-Repro, Inc. in an amount not to exceed $28,771.25). 2002-375 - An ordinance of the City Council of the City of Denton, Texas approving a Beneficial Reuse Water Contract by and between the City of Denton, Texas and Columbia Medical Center of Denton Subsidiary, L.P., doing business as the Denton Regional Medical Center; providing for the City Manager's execution thereof; providing for the expenditure of funds therefore; and providing an effective date. City of Denton City Council Minutes November 19, 2002 Page 5 2002-376 - An ordinance of the City Council of the City of Denton, Texas approving a Beneficial Reuse Water Contract by and between the City of Denton, Texas and the Denton State School; providing for the City Manager's execution thereof; providing for the expenditure of funds therefore; and providing an effective date. 2002-377 - An ordinance of the City Council of the City of Denton, Texas approving a Beneficial Reuse Water Contract by and between the City of Denton, Texas and Oakmont Management Corp.; providing for the City Manager's execution thereof; providing for the expenditure of funds therefore; and providing an effective date. 2002-378 - An ordinance authorizing the City Manager or his designee to execute an Interlocal Agreement between the City of Denton, Texas and Denton State School, acting by and through The Texas Department of Mental Health and Mental Retardation for the acquisition of easements, a water tank site, and the installation of a reuse water irrigation system; providing for the expenditure of funds therefore; and providing an effective date. 2002-379 - An ordinance accepting competitive bids and awarding a public works contract for the construction of an 18" reuse waterline to Oakmont Country Club, providing for the expenditure of funds therefore; and providing an effective date (Bid No. 2899 - 18" Reuse Waterline to Oakmont Country Club awarded to Texas Electric Utility Construction, Inc. in an amount not to exceed $1,147,995.37.) 2002-380 - An ordinance of the City of Denton, Texas approving a Real Estate Agreement between the City of Denton and Dale Irwin and Craig Irwin, relating to the exchange of an approximate 0.3238 acre parcel of land being a part of the Wm. Loving Survey A-759 owned by the City of Denton for an approximate 0.2939 acre parcel of land being a part of the M.E.P. & P.RR. Survey A-927 owned by Dale Irwin and Craig Irwin for use as right-of-way required for future road improvements to Duchess Drive; authorizing the expenditure of funds therefore; and providing an effective date. 2002-381 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 3.6469 acre tract or parcel of land in fee simple for municipal landfill facilities and improvements, such title to be in the name of the City of Denton and said property being located in the G. Walker Survey Abstract Number 1330 in the City of Denton, Denton County Texas; authorizing the City Manager or his designee to make an offer to purchase the property for its just compensation and if such offer is refused, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of municipal landfill facilities and improvements, and other municipal purposes; and declaring an effective date. City of Denton City Council Minutes November 19, 2002 Page 6 2002-382 - An ordinance authorizing the City Manager or his designee to execute a contract for an Electrical Utility Easement consisting of 6.85 acres being part of a tract conveyed to the Hudson Family Partnership, Ltd. by deed recorded in County Clerk's File Number 95-R0080500 of the Real Property Records of Denton County, Texas, said property being located in J.W. Hardin Survey, Abstract No. 1656, Denton County Texas; authorizing the expenditure of funds therefore; and providing an effective date. (West Denton Electric Project-Hudson) Approved a partial exaction variance of Section 35.20.2(L.2.) of the Code of Ordinances concerning perimeter paving. The 4.357-acre parcel is located on the southwesterly corner of Bonnie Brae and Corbin Road. The property is located in a Neighborhood Residential 2 (NR-2) zoning district. A single-family residence is proposed. The Planning and Zoning Commission recommends approval of a partial variance (5-1). (V02-0024) Approved a partial exaction variance of Section 35.20.3 (B.) of the Code of Ordinance concerning perimeter sidewalk. The 4.357-acre parcel was located on the southwesterly corner of Bonnie Brae and Corbin Road. The property was located in a Neighborhood Residential 2 (NR-2) zoning district. A single-family residence was proposed. The Planning and Zoning Commission recommended approval of a partial variance (5-1). (V02-0022) R2002-053 - A resolution of the City of Denton, Texas supporting a "Safe Routes to Schools" grant application to the Texas Department of Transportation for the funding of the construction of sidewalks along Ryan Road and providing for an effective date. R2002-054 - A resolution of the City of Denton, Texas, adopting the City of Denton's 2003 State Legislative Program; and providing an effective date. 2002-383 - An ordinance authorizing the initiation of the rezoning of certain real property located at 1822, 1828 and 1902 Oak Street in the City of Denton, Texas from MF-1 to Neighborhood Residential 3 (NR-3); and providing an effective date. 2002-384 An ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton and Denton County for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. 2002-385 An ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton, Texas, and the City of Roanoke, Texas, for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. City of Denton City Council Minutes November 19, 2002 Page 7 5. PUBLIC HEARINGS A. The Council continued a public hearing and considered adoption of an ordinance rezoning approximately 80 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 1 (NR-1) zoning district. The five tracts were generally located on Brush Creek Road west of the intersection of Brush Creek Road and Country Club. No development was proposed at this time. The Planning and Zoning Commission recommended approval (4-3). (Z02-0036) Doug Powell, Director of Planning and Development, stated that this was a continuation of a prior public hearing. There were five pieces of property that were similar in nature with city- initiated rezoning. He reviewed the background details on Items A-E. The Mayor opened the public hearings for Items A-E. The following individuals spoke during the public hearings for Items A-E: Joel Neele, 4704 Argyle, Lane, Argyle, 76226 - A-E support Gary Davis, 970 Brush Creek Road, Argyle, 76226 - A-E support David Yoder, 940 Brush Creek Road, Argyle, 76226 - A-E support John Michaels, 9559 Spring Road, Argyle, 76226 - A-E support Larry McGehee, 2001 Christina Court, Argyle, 76226 - A-E support David Anderson, 1704 Warwick Crescent, Argyle, 76226 - A-E support Larry Apple, 8000 Woodcreek Circle, Argyle, 76226 - A-E support Susan Apple, 8000 Woodcreek Circle, Sandra Lewis, 900 Brush Creek Road, Mrs. Harry Wolfe, 4801 Argyle Lane, Argyle, 76226 - A-E support Argyle, 76226 - A-E support Argyle, 76226 - A-E support Curt Erwin, 400 Argyle Lane, Argyle, 76226 - A-E support Richard Shanhouse, 8001 Woodcreek Circle, Argyle, 76226 - A-E support James Vogelgesang, 1805 Wickwood Court, Argyle, 76226 - A-E support Rob Scott, 1900 Warwick Crescent Lane, Argyle, 76226 - A-E support Fred Mueller, Denton Country Club - A-E support Carol Haesle, 4701 Upper Glenwick Court, Argyle, 76226 - A-E support Carlos Garcia, 1701 Warwick Crescent, Argyle, 76226 - A-E support Julie Anderson, 1704 Warwick Crescent, Argyle, 76226 - A-E support Dennis Cox, 8008 Woodcreek Circle, Argyle, 76226 - A-E support Tim House, 240 McMakin, Double Oak, 75022 - opposed to E Hugh Pruett, 4024 Pruett Lane, Argyle, 76226 - opposed Michael Gielink, 1240 Brush Creek Road, Argyle, 76226 - A-E support Russell Cox, 8008 Woodcreek Circle, Argyle, 76226 - A-E support Michael Ulman, 4805 Snowshill Court, Argyle, 76226 - A-E support Ciro Lopez, 8011 Woodcreek Circle, Argyle, 76226 -A-E support Tierra Moon, 960 Brush Creek Road, Argyle, 76226 - A-E support Comment Cards were submitted from: Drew Mooney, 960 Brush Creek Road, Argyle, 76226 - A-E support Bill Lewis, 900 Brush Creek Road, Argyle, 76226 - support City of Denton City Council Minutes November 19, 2002 Page 8 Enzon Lombardozzi, 4801 Snowshill Court, Argyle, 76226 - A-E support Michael Kisselburgh, 2001 Wickwood Court, Argyle, 76226 - A-E support Kathy Yoder, 940 Brush Creek Road, Argyle, 76226 - A-E support Suzanne Davis, 970 Brush Creek Road, Argyle, 76226 - A-E support Barbara Powell, 4600 Argyle Lane, Argyle, 76226 - A-E support Chris Mellberg, 1900 Warwick Crescent Court, Argyle, 76226 - A-E support Michael and Sheri Block, 1800 Warwick Crescent Court, Argyle, 76226 - A-E support Wendie Heine, 4601 Upper Glenwick Argyle, 76226 - A-E support Kim McGehee, 2001 Christina Court, Argyle, 76226 - A-E support Jennifer and Kristopher Martin, 26-1 Chipping Campden, Argyle, 76226 - A-E support Tom & Suzanne Buvinghausen, 2505 Winthrop Hill Drive, Argyle, 76226 - A-E support Kevin and Susan Faciane, 4805 Argyle Lane, Argyle, 76226 - A-E support David Haesle, 4701 Upper Glenwick, Argyle, 76226 - A-E support Kay Scott, 1900 Wickwood Court, Argyle, 76226 - A-E support Susan and Coy Fagan, 1905 Warwick Crescent, Argyle, 76226 - A-B & D-E support Patricia and James McKeown, 4505 Argyle Lane, Argyle, 76226 - A-B & D-E support Linda Vogelgesang, 1805 Warwick Crescent, Argyle, 76226 - A-B & D-E support Don and Marlene Blank, 2004 Christina Court, Argyle, 76226 - A-B & D-E support Patrick and Sandra Hiatte, 2000 Warwick Crescent, Argyle, 76226 - A-B & D-E support Claudia Echeverri, 8011 Woodcreek Circle, Argyle, 76226 - A-E support The Mayor closed the public hearing. The following ordinance was considered: NO. 2002-386 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 80 ACRES OF LAND LOCATED AT 1300, 1360, AND TRACT 5 BRUSH CREEK ROAD LEGALLY DESCRIBED AS TRACTS 33, 34, 35, 36, 36A, 36B IN ABSTRACT 1343A IN THE J.W. WITHERS SURVEY, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0036) Burroughs motioned, McNeill seconded to adopt the ordinance for rezoning for Items 5A-5E. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. B. The Council continued a public hearing and considered adoption of an ordinance rezoning approximately 6.8 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 1 (NR-1) zoning district. The five tracts were generally located on Woodcreek Circle, south of Brush Creek and east of Fort Worth Drive. No development was proposed at this time. The Planning and Zoning Commission recommended approval (6-0). (Z02-0037) City of Denton City Council Minutes November 19, 2002 Page 9 The public hearing for this item was considered with Item 5A. The following ordinance was considered: NO. 2002-387 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 6.8 ACRES OF LAND GENERALLY LOCATED AT WOODCREEK CIRCLE, SOUTH OF BRUSH CREEK ROAD AND EAST OF FORT WORTH DRIVE LEGALLY DESCRIBED AS LOTS 1 - 5, BLOCK 1 OF THE WOODCREEK ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0037) Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. C. The Council continued a public hearing and considered adoption of an ordinance rezoning approximately 9.6 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 1 (NR-1) zoning district. The two tracts were generally located on Fort Worth Drive, north of Hamilton. No development was proposed at this time. The Planning and Zoning Commission recommended denial (5-2). (Z02-0038) The public hearing for this item was considered with Item 5A. The following ordinance was considered: NO. 2002-388 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 8.65 ACRES OF LAND, LEGALLY DESCRIBED AS BEING A PORTION OF A TRACT IN ABSTRACT 1164 IN THE J. SEVERE SURVEY, IN THE DEED TO PAUL S. BERRY RECORDED IN VOLUME 4616, PAGE 1936 AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO RUIBAL PROP INC. RECORDED IN VOLUME 4958, PAGE 691 OF THE REAL PROPERTY RECORDS IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0038) City of Denton City Council Minutes November 19, 2002 Page 10 McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. D. The Council continued a public hearing and considered adoption of an ordinance rezoning approximately 21 acres from a Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 1 (NR-1) zoning district. The three tracts were generally located on Fort Worth Drive south of Hamilton Road and north of Brush Creek. No development was proposed at this time. The Planning and Zoning Commission recommended approval (6-1). (Z02-0039) The public hearing for this item was considered with Item 5A. The following ordinance was considered: NO. 2002-389 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 1 (NR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 19.69 ACRES OF LAND GENERALLY LOCATED AT FORT WORTH DRIVE NORTH OF BRUSH CREEK ROAD LEGALLY DESCRIBED AS BEING A PORTION OF A TRACT IN ABSTRACT 1164 IN THE J. SEVERE SURVEY, AND ABSTRACT 160 IN THE B.B.B. & C.R.R. SURVEY IN THE DEED TO ORAN E. MONROE RECORDED IN VOLUME 429, PAGE 247 DEED RECORDS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO WILLIAM L. FRYE & MARILYN J. FRYE RECORDED BY COUNTY CLERK NUMBER 94-R00082319, REAL PROPERTY RECORDS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY ROYCE KENAS RECORDED IN VOLUME 981, PAGE 737, DEED RECORDS IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0039) Burroughs motioned, Mayor seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. E. The Council continued a public hearing and considered adoption of an ordinance rezoning approximately 43.7 acres from a Neighborhood Residential 4 (NR-4) to a Neighborhood Residential 2 (NR-2) zoning district. The nine tracts were generally located on Fort Worth Drive south of Brush Creek. No development was proposed at this time. The Planning and Zoning Commission recommended approval (5-2). (Z02-0040) The public hearing for this item was considered with Item 5A. City of Denton City Council Minutes November 19, 2002 Page 11 The following ordinance was considered: NO. 2002-390 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 34.16 ACRES OF LAND GENERALLY LOCATED AT FORT WORTH DRIVE SOUTH OF BRUSH CREEK ROAD LAND LEGALLY DESCRIBED AS BEING A PORTION OF A TRACT IN ABSTRACT 517 IN THE H. HAGGOOD SURVEY AND A PORTION OF A TRACT IN ABSTRACT 568 IN THE W. HUDSON SURVEY AND A PORTION OF A TRACT IN ABSTRACT 351 IN THE GEORGE W. DAUGHERTY SURVEY AND BEING ALL OF A TRACT SHOWN BY DEED TO JOE W. RHOADES RECORDED IN VOLUME 639, PAGE 486, DEED RECORDS AND BEING ALL OF A CERTAIN TRACT SHOWN BY DEED TO HERBERT E. WYSS RECORDED IN VOLUME 1042, PAGE 834, DEED RECORDS AND BEING ALL OF A TRACT OF LAND SHOWN BY DEED TO EWELL BURKALTER, ET AL, RECORDED IN VOLUME 886, PAGE 602, DEED RECORDS IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0040) Mayor motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "nay", Redmon "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote. F. The Council held a public hearing and considered adoption of an ordinance granting the request for a Specific Use Permit for approximately 45.7 acres allowing for gas well development. The site was in a Neighborhood Residential 4 (NR-4) zoning district. The subject property was located at the northeast corner of Roselawn Drive and Bonnie Brae Drive. Two gas well sites were proposed. The Planning and Zoning Commission recommended approval (7-0). (Z02-0049, Chamberlain/Elder Gas Well) Doug Powell, Director of Planning and Development, presented the details of the proposal. 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. 2002-391 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS WELL DEVELOPMENT ON 45.7 ACRES OF LAND City of Denton City Council Minutes November 19, 2002 Page 12 LOCATED AT THE NORTHEAST CORNER OF ROSELAWN DRIVE AND BONNIE BRAE, WITHIN A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ZO2-0049) McNeill motioned, Burroughs seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. G. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 35.3 acres of land generally located north and south of Audra, and east of Mayhill Road, from Planned Development 191 (PD-191) zoning district to Neighborhood Residential 2 (NR-2), Neighborhood Residential 4 (NR-4) and Neighborhood Residential 6 (NR-6) zoning districts. A residential subdivision and open space was proposed. The Planning and Zoning Commissions recommended denial (5-2). (Z02-0045, Prominence Square) Doug Powell, Director of Planning and Development, presented details of proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Allen Buscel, representing the developer - favor Jess Wallace, 1018 N. Lindale Lane, Richardson, 75080 - favor L. T. Holland, 3760 Holland Lane, Denton, 76208 - opposed Nancy and Ralph Tunnell, 3776 Holland Lane, Denton, 76208 - opposed Henry Rife, property owner, favor The Mayor closed the public hearing. Fulton motioned, Phillips seconded to approve the ordinance as presented. On roll vote, Burroughs "nay", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion failed with a 5-2 vote as a supermajority vote of Council was required. H. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 1.1 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The site, commonly known as 2309 Hinkle Drive, was generally located 300 feet north of Greenbrier Street along the west side of Hinkle Drive. No development was proposed. The Planning and Zoning Commission recommended approval (6-1). (Z02-0050) Doug Powell, Director of Planning and Development, presented the details of the proposal. The Mayor opened the public hearing. City of Denton City Council Minutes November 19, 2002 Page 13 The following individual spoke during the public hearing: Karen Mitchell, Mitchell Planning Group - favor The Mayor closed the public hearing The following ordinance was considered: NO. 2002-392 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU- 12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 1.1 ACRES OF LAND COMMONLY KNOWN AS 2309 H1NKLE DRIVE AND GENERALLY LOCATED 300 FEET NORTH OF GREENBRIAR STREET ALONG THE WEST SIDE OF H1NKLE DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZO2-0050) Phillips motioned, Redmon seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "nay". Motion carried with a 6-1 vote. I. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit (SUP) for a gas station on an approximately 2-acre site. The site was located approximately 1,200 feet north of Interstate 35 E on the east side of Fort Worth Drive. The property was in a Downtown Commercial General (DC-G) zoning district. A convenience store and gas station was proposed. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z02-0048) Doug Powell, Director of Planning and Development, presented the details of the proposal. 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. 2002-393 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A GAS STATION ON APPROXIMATELY 2 ACRES OF LAND GENERALLY LOCATED 1,200 FEET NORTH OF INTERSTATE 35 E ON THE City of Denton City Council Minutes November 19, 2002 Page 14 EAST SIDE OF FORT WORTH DRIVE, WITHIN A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z02-0048) Burroughs motioned, Montgomery seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of an exaction variance of Section 35.20.2(L.2.) of the Code of Ordinances concerning perimeter paving. The 1.0-acre parcel was located on the easterly side of Mockingbird Lane and just south of Mingo Road. The property was currently in a Neighborhood Residential (NR-4) zoning district. The property was presently being subdivided into two (2) lots and one residence on one of the lots currently exists. The Planning and Zoning Commission recommended approval of the full variance (6-0). (F02-0023) Burroughs motioned, Montgomery seconded to grant a full variance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. B. The Council considered approval of an exaction variance of Section 35.20.3 (B.) of the Code of Ordinance concerning perimeter sidewalks. The 1.0-acre parcel was located on the easterly side of Mockingbird Lane and just south of Mingo Road. The property was currently in a Neighborhood Residential (NR-4) zoning district. The property was presently being subdivided into two (2) lots and one residence on one of the lots currently exists. The Planning and Zoning Commission recommended approval of the full variance (6-0). (F02-0021) Fulton motioned, Burroughs seconded to approve a full variance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye". Motion carried unanimously. C. The Council considered denial of an exaction variance of Section 35.20.2 (P. 1.) of the Code of Ordinance concerning coordination with surrounding streets and connectivity. The 5.0-acre parcel was located on the westerly side of Old North Road and across from Chebi Lane (approximately 900 feet north of US380/University Drive). The property was located in a Neighborhood Residential 6 (NR-6) zoning district. No development currently existed. The Planning and Zoning Commission recommended denial of the variance (7-0). (F02-0020) This item was pulled from consideration at the request of the petitioner. The Mayor left the meeting with a conflict of interest. City of Denton City Council Minutes November 19, 2002 Page 15 D. The Council considered adoption of an ordinance of the City of Denton, Texas finding, after reasonable notice and hearing, that TXU Gas Distribution's rates and charges within the City should be changed; determining just and reasonable rates; adopting general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial customers; providing for recovery of rate case expenses and the City's share of rate case expenses related to GUD Docket Nos. 9267-9270, 9278-9279, & 9284-9288; preserving regulatory rights of the City; providing for repeal of conflicting ordinances; and providing for an effective date. The following ordinance was considered: NO. 2002-394 AN ORDINANCE OF THE CITY OF DENTON, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND iNDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES AND THE CITY'S SHARE OF RATE CASE EXPENSES RELATED TO GUD DOCKET NOS. 9267-9270, 9278-9279, & 9284-9288; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Montgomery seconded to adopt the ordinance. On roll vote, Burroughs "aye", Fulton "aye", McNeill "aye", Montgomery "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. Mayor Brock returned to meeting. E. New Business The following items of New Business were suggested by Council Members for future agendas: Council Member McNeill requested a report regarding Wier property as noted in the earlier citizen report. Council Member Redmon requested information regarding a "brush-up" program for the City. Council Member Redmon requested the annual update on the noise ordinance. City of Denton City Council Minutes November 19, 2002 Page 16 F. Items from the City Manager City Manager Conduff stated that Council would be considering the cancellation of the December 17th meeting at the December 10th meeting. G. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 11:00 p.m. EUL1NEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS