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Minutes February 03, 2004CITY OF DENTON CITY COUNCIL MINUTES February 3, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 3, 2004 at 4:00 p.m. in the Council Work Session Room. PRESENT: Mayor Brock; Council Members Kamp, McNeill, Montgomery, and Thomson. ABSENT: Mayor Pro Tem Burroughs; Council Member Redmon 1. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for February 3, 2004. 1. Council considered the following in Closed Meeting: Mayor Pro Tem Burroughs joined the meeting during the Closed Session. Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Received a presentation, discussed, and considered the two (2) City of Denton impact fee appeal claims of the Denton Independent School District filed on December 10, 2003 pertaining to the Teasley Lane High School Project and the C.H. Collins Athletic Complex Project; consider the legal position of the City regarding the appeals by conducting a consultation with the City's attorneys in order to obtain the advice and recommendations of the City's attorneys concerning these appeals and related issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client, the Denton City Council, under the Texas Disciplinary Rules of Professional Conduct. B. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074. Evaluation of Municipal Judge Evaluation of City Attorney Evaluation of City Manager Regular Meeting of the City of Denton City Council on Tuesday, February 3, 2004 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. Proclamations/Awards City of Demon City Council Minutes February 3, 2004 Page 2 Mayor Brock presented proclamations for: Harold Jackson Day Andrew Scott Day Charles Alexander Day Leonard Terry Stansbury Charlye Heggins Day B. Recognition of staff accomplishments City Manager Conduffpresemed staff accomplishmems to the Council. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: 1. John Skelton regarding water meters and impact fees. Mr. Skelton stated he was a local developer in the process of completing a development in Denton. He had a problem with the installation of a water meter relative to his landscaping of the median and the related impact fee. He would not be able to install a water meter for watering the landscaping as the cost was too high. 2. Dessie Goodson regarding competency. Ms. Goodson was not present at the meeting. 3. Chris Williams regarding Ordinance 2003-266 and the utility billing cycle imposed by that ordinance. Mr. Williams was not present at the meeting. 4. Carolyn Phillips regarding the Demon Housing Authority Board. Ms. Phillips expressed a concern with the Demon Housing Authority Board and the acceptance of the Director's resignation. She listed the accomplishments of Ms. Minster during her tenure as Director. 5. Irene Burk regarding the Denton Housing Authority. Ms. Burk stated that she was in support of the former Director and felt that the Housing Authority did not respond to the wishes of the senior population. She would be requesting an investigation into the activities of the Housing Authority. 4. CONSENT AGENDA Burroughs motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item N. On roll vote, Burroughs "aye", Kamp City of Demon City Council Minutes February 3, 2004 Page 3 "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Montgomery motioned, Thomson seconded to approve Item N with the change in wording in Section 6.4.C. to "should" instead of"shall. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Momgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. Approved the minutes of January 6, 2004 and January 13, 2004. R2004-007 - A resolution authorizing the participation by the City Attorney in an amici curiae brief to be filed by a number of home rule cities in support of the argument by the City of Irving, Texas, in the appeal pending in the Fifth District Court of Appeals styled City of Irving v. Inform Construction, Inc., and providing an effective date. 2004-024 - An ordinance repealing Ordinance No. 2000-429 and authorizing Assignment Pay for Fire Department employees in the classification of Battalion Chief who perform the specialized duties of Training Chief and Emergency Medical Services Chief, Battalion Chief- Information Services Manager, and Captain-Logistics/Maimenance Officer who are assigned to perform assigned functions on a forty-hour work week in the Fire Departmem and providing an effective date. 2004-025 - An ordinance of the City of Demon, Texas authorizing the City Manager to execute on behalf of the City of Demon an Airport Project Participation Agreement with the Texas Department of Transportation relating to the purchase and installation of airport radio equipment at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to execute documems on behalf of the City of Demon in order to implemem the project; and providing an effective date. 2004-026 - An ordinance of the City of Demon authorizing the City Manager, or his designee, to execute on behalf of the City of Demon an acceptance of an offer from the Texas Department of Transportation relating to a grant for routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the gram program; and declaring an effective date (TxDOT) Project No.: AM2004DNTON; and TxDOT CSJ No.: M418DNTON). Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 2. Amplicon Financial DCAD Supplememal 2002 932.14 4. Roberson, Linwood & Eula Duplicate Paymem 2001 670.59 Refund City of DeNon City Council Minutes February 3, 2004 Page 4 Go R2004-008 - A resolution reviewing and adopting the investmem policy for funds for the City of DeNon; designating an investmem officer; providing a savings and repealing clause; and providing an effective date. Ho 2004-027 - An ordinance authorizing the purchase of fitness equipment for North Lakes Recreation Center from Bodyworks Fitness; providing for the expenditure of funds therefor; and providing an effective date (Bid 3124 - Lease/Purchase of Fitness Equipment-North Lakes in the amount of $12,876.78 per year for a three year total of $38,630.34). 2004-028 - An ordinance authorizing the City Manager or his designee to execute a professional services agreemem with EMS Biocare Medical Comrol of Methodist Dallas Medical Center to provide medical control and continuing education services in support of the City of Denton Fire Department; authorizing the expenditure of funds therefor and providing an effective date (RFP 3061 - in an amoum not to exceed $66,000). Jo 2004-029 - An ordinance authorizing the City Manager or his designee to execute a professional services agreement with Alan Plummer Associates, Inc. to perform an odor survey and air dispersion modeling of City owned facilities; authorizing the expenditure of funds therefor and providing an effective date (RFP 3117 - in an amoum not to exceed $116,330). Ko 2004-030 - An ordinance accepting competitive bids and awarding a public works contract for the construction of sidewalks for McKinney Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3119 - McKinney Street Sidewalks awarded to Quantum Contracting, Inc. in the amount of $70,628). Lo 2004-031 - An ordinance of the City Council of the City of DeNon designating a depository for City funds for a term beginning March 1, 2004 and ending February 28, 2006; authorizing the Mayor to execute a Depository Contract with Bank One as the primary depositary; authorizing the City Manager and other City employees to transact business with the depository; and providing for an effective date. Mo 2004-032 - An ordinance accepting competitive bids and awarding a comract for the purchase of an automated meter reading system for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3122 - Automated Meter Reading System awarded to the lowest responsible bidder for each item for a total estimated amoum of $84,000). No 2004-033 - An ordinance amending Ordinance No. 2002-018, No. 2004-014 and Section 2-29 of the City Code relating to the Rules of Procedure to clarify Section 6.4c (2-29(f)(4)c) "Presemation By Citizens and Section 6.5 (2-29(f)(5)) "Time Limits"; providing a savings clause; and providing an effective date. City of DeNon City Council Minutes February 3, 2004 Page 5 5. PUBLIC HEARINGS A. The Council held a public hearing to consider amending the Mobility Plan Component of The Denton Plan to revise the location of Lakeview Blvd and to change the classifications of various streets. After the conclusion of the public hearing, the City Council considered the adoption of one of the following ordinances: An ordinance amending the Mobility Plan componem of the DeNon Plan to revise the location of Lakeview Blvd, to change the classifications of Trinity Road between Mills Road and FM 426 to a collector street, Route No. 1 of Lakeview Blvd as shown on the currem Mobility Plan between Mills Road and FM 426 to a collector street, and FM 426 between proposed Route No.5 of Lakeview Blvd and the intersection of current Route No.1 of Lakeview Blvd. to a secondary arterial; and providing an effective date. The Planning & Zoning Commission recommends approval (5-2). An ordinance amending the Mobility Plan componem of the DeNon Plan to revise the location of Lakeview Blvd; to change the classification of Trinity Road between Mills Road and FM 426 to a collector street, change Route No. 1 of Lakeview Blvd between Mills Road and FM 426 to a collector, change FM 426 between proposed Route No. 4 of Lakeview Blvd. and Route No. 1 of Lakeview Blvd. to a secondary arterial, change Lakeview Blvd. between proposed Route No. 4 and Edwards Road to a collector, change Edwards Road between Swisher Road and existing Lakeview Blvd. to a collector, and change Swisher Road between Pockrus Page Road and Edwards Road to a local street; and providing an effective date. Charles Fiedler, Director of Engineering, presented details of notifications sent out to area residems and the delay in delivery of those notices by the Post Office. City Attorney Prouty stated that the legal requirements required a 15-day notice was to be sent out before the holding of the public hearing. The previous public hearings were done correctly and as this was a third public hearing, it would not be considered a substamial defect to hold this public hearing. A conservative procedure would be to delay consideration of the item and resend the notices out in a timely manner. Deputy City Attorney Snyder stated that state law did not require an advertisement for such an amendmem but that DeMon's ordinance required an advertisemem. Council had already had two prior public hearings that were advertised properly. This public hearing had been advertised in the newspaper, just not within the 15 day time period. If the council were to proceed with the public hearing, it would be in substamial compliance but not literal compliance of the ordinance. Mayor Brock indicated that options would be to postpone the public hearing and re-notice the meeting or hold the public hearing but make no decision. City of Demon City Council Minutes February 3, 2004 Page 6 Council discussed the pros and cons of holding or delaying the public hearing and the impact it might have on the neighborhood and developer. Consensus of opinion was to proceed with the public hearing and a decision on the issue. Fiedler stated that staff had evaluated other alternatives for Lakeview Blvd. Those evaluations were included in the Council's back-up materials. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Cyann Looney, 5493 Edwards Road, Denton - opposed to Route 4 John DeVries, 4099 Swisher Road, Demon, 76208 - opposed to Route 4 Susan May, 5493 Edwards Road, Denton, 76208 - opposed to Route 4 Rebecca Nunez, 3057 Swisher Road, Denton, 76208 - opposed to Route 4 Gina Nunez, 3325 Swisher Road, Demon, 76208 - opposed to Route 4 Marueen Jamile, 4208 Boxwood Drive, Denton, 76208 - opposed to Route 5 Heather Bobo, 4144 Boxwood Drive, Denton, 76208 - opposed to Route 5 Scott Lent, 6509 Daisy Drive, Denton, 76208 - opposed to Route 5 Serena Eckert, 6600 Lantana Drive, Denton, 76208 - opposed to Route 5 Bill Dahlstrom, 901 Main Street, Suite 6000, Dallas, 75202 - favor of Route 4 Dan Hopkins, representing Pecan Creek development - favor of Route 4 Clayton Newman, 6406 Daisy Drive, Demon, 76208 - favor of Route 4 Carold Nunez, 3057 Swisher Road, Demon, 76208 - favor of Route 5 Dena Devereaux, letter read by Carold Nunez, in favor of Route 5 The following individuals submitted Commem Cards: Janice Randel, 4508 Trumpet Vine, Denton, 76208 - opposed to Route 5 Bradley Schafer, 4147 Boxwood Drive, Denton, 76208 - opposed to Route 5 Catherine and Todd Knight, 6502 Daisy Drive, Demon, 76208 - favor of Route 4 Chandra and Brad Rivers, 4245 Boxwood, Demon, 76208 - favor of Route 4 Tammy and James Wenger, 4202 Boxwood Drive, Denton, 76208 - favor of Route 4 Mike Echert, 6600 Lantana Drive, Denton, 76208 - opposed to Route 5 Sandra Dutton, 6300 Hawthorne Drive, Denton, 76208 - opposed to Route 5 Hugh and Ginger O'Neil, 4602 Trumpet Vine, Denton, 76208 - opposed to Route 5 Darryle and Doretta Petters, 4201 Boxwood Drive, Denton, 76208 - opposed to Route 5 Mark and Laura Leeds, 6506 Lantana Drive, Denton, 76208 - favor of Route 4 Troy Jamail, 4208 Boxwood, Denton, 76208 - opposed to Route 5 Delores and Frank Simon, 4605 Trumpet Vine, Denton, 76208 - opposed to Route 5 Rebecca Scott, 4605 Baytree, Denton, 76208 - opposed to Route 5 Deanna Velat, 6602 Lantana Drive, Denton, 76208 - opposed to Route 5 Cyndi and Brian Buckingham, 6503 Lantana Drive, Denton, 76208 - opposed to Route 5 Rich and Carrie Stoechert, 6500 Lantana Drive, Denton, 76208 - opposed to Route 5 Donise Lent, 6509 Daisy Drive, Denton, 76208 - opposed to Route 5 Becca Pierce, 6305 Barberry, Denton, 76208 - opposed to Route 5 R. T. and Jackie Bruce, 4215 Boxwood Drive, Denton, 76208 - opposed to Route 5 Michael Smith, 4511 Baytree, Denton, 76208 - opposed to Route 5 Bob Bobo, 4144 Boxwood Drive, Denton, 76208 - opposed to Route 5 Paige and Jay Walker, 6302 Hawthorne Drive, Denton, 76208 - opposed to Route 5 City of Demon City Council Minutes February 3, 2004 Page 7 Jim Basham, 4201 Sweetgum, Denton, 76208 - opposed to Route 5 Rita Newman, 6406 Daisy Drive, Denton, 76208 - opposed to Route 5 Sue and Scott Ewing, 6503 Barberry, Denton, 76208 - opposed to Route 5 Gary and Carol Paul, 6506 Daisy Drive, Denton, 76208 - opposed to Route 5 Josephine and David Olson, 6298 Hawthorn Drive, Denton, 76208 - opposed to Route 5 Patricia and Bill Yates, 6409 Daisy Drive, Denton, 76208 - opposed to Route 5 Abia Busby, 4205 Boxwood Drive, Denton, 76208 - opposed to Route 5 Mike Boswell, 4511 Trumpet vine, Denton, 76208 - favor of Route 5 The Mayor closed the public hearing. Council Member Kamp stated that concessions had been made by the neighbors and development people in Pecan Creek. With the financial issue taken off the table and the right-of- way land donated to the city, she was in favor of Route 4. She felt Route 4 was a thoroughfare as opposed to Route 5 and would support Route 4. Mayor Pro Tem Burroughs stated that this was a transportation and mobility issue with the roadway being a critical connector for the early morning hours. With a school zone crossing planned for Route 5 and the large number of homes south of the route, the mobility factor of the road would be slowed down during the worst possible time of the day. He felt Route 4 would more positively impact mobility. Council Member Montgomery stated that the purpose of a boulevard was to move traffic and a long- term investment was needed to relieve a long-term problem. Council Member Thomson felt that Route 4 would minimize problems in the area better than Route 5. Council Member McNeill stated that a second route was needed due to the traffic in the area. Route 4 was a more efficient route to do that and was less expensive than Route 5. He was in favor of Route 4. Kamp motioned, Thomson seconded to deny ordinance 5.A. 1. and to approve 5.A.2 as amended by the Legal Department. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. NO. 2004-034 AN ORDINANCE AMENDING THE MOBILITY PLAN COMPONENT OF THE DENTON PLAN TO REVISE THE LOCATION OF LAKEVIEW BLVD; TO CHANGE THE CLASSIFICATION OF TRINITY ROAD BETWEEN MILLS ROAD AND FM 426 TO A COLLECTOR STREET, CHANGE ROUTE NO. 1 OF LAKEVIEW BLVD BETWEEN MILLS ROAD AND FM 426 TO A COLLECTOR, CHANGE FM 426 BETWEEN PROPOSED ROUTE NO. 4 OF LAKEVIEW BLVD. AND ROUTE NO. 1 OF LAKEVIEW BLVD. TO A SECONDARY ARTERIAL, CHANGE LAKEVIEW BLVD. BETWEEN PROPOSED ROUTE NO. 4 AND EDWARDS ROAD TO A COLLECTOR, CHANGE EDWARDS ROAD BETWEEN SWISHER ROAD AND EXISTING LAKEVIEW BLVD. TO A COLLECTOR, AND City of DeNon City Council Minutes February 3, 2004 Page 8 CHANGE SWISHER ROAD BETWEEN POCKRUS PAGE ROAD AND EDWARDS ROAD TO A LOCAL STREET; AND PROVIDING AN EFFECTIVE DATE. The Council considered Item 5C. C. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 6.6 acres from Neighborhood Residemial 2 (NR-2) zoning district to Neighborhood Residemial 4 (NR-4) zoning district. The property was located approximately 350 feet south of Paisley Street, between Audra Lane and Mack Drive. Applicam proposed single-family uses. The Planning and Zoning Commission recommended approval (6- 1). (Z03-0030, Laurel Oaks DevelopmenO Curtis Loveless, representing the petitioner, stated that as there were only six council members presem and as the proposal required a supermajority vote, he would like to postpone consideration of the item until the next regular session. Burroughs motioned, McNeill seconded to postpone the item umil the February 17, 2004 council meeting. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. The Council returned to the regular agenda order. B. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for an automotive servicing and repair shop. The approximately 0.95 acre property was in a Dowmown Commercial General (DC-G) zoning district and was generally located on the south side of McKinney Street approximately 300 feet east of Frame Street. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z03-0029, A&A Motors) Larry Reichhart, Assistam Director of Planning and Developmem, presemed the details of the proposal. He stated that a simple majority vote of Council would be required. The proposal was for a specific use permit for an auto repair shop. The Planning and Zoning Commission had recommended approval with conditions. The Mayor opened public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-035 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE REPAIR SHOP ON APPROXIMATELY 0.95 ACRE OF LAND GENERALLY LOCATED SOUTH OF MCKINNEY STREET APPROXIMATELY 300 FEET EAST OF FRAME STREET, WITHIN A DOWNTOWN COMMERCIAL GENERAL ZONING DISTRICT CLASSIFICATION City of Demon City Council Minutes February 3, 2004 Page 9 AND USE DESIGNATION; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Montgomery seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance concerning the rezoning of approximately 4 acres from a Neighborhood Residemial 4 (NR-4) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The property, commonly known as 305 and 321 Mockingbird Lane, was generally located at the intersection of Mockingbird and Oriole Lane along the west side of Mockingbird Lane. Detach single-family units were proposed. The Planning and Zoning Commission recommended approval (6-1). (Z03-0022, Oriole CourO Mayor Brock indicated that Items D and E would be considered at same time with joim public hearings. Larry Reichhart, Assistant Director for Planning and Development, stated that the Planning and Zoning Commission had recommended Oriole Court for approval. A new proposal had been received regarding Nevada Court that would reduce the density from the prior proposal. The Planning and Zoning Commission had recommended denial of Nevada Court but the Council would be receiving new information on that proposal. The Mayor opened public hearing. The following individuals spoke during the public hearing: Alan Bussell, represeming the petitioner - favor of both sites for good infill Council discussion included how long the restrictions for the type of housing for Nevada Court would be valid and the visual effect of the outside of the structures due to the common walls. The following individuals also spoke during the public hearing: Tammy Wellman, 4137 Ballard Trail, The Colony, 75056 - favor Teri and Frenchy Rheault, 35 Wellington Oaks Circle, Demon, 76210 - favor Mark Fearing, 440 Strata, Denton, 76201 - favor Jane Provo, 604 N. Bell, Demon, 76209 - favor Linnie McAdams, 1120 Kendolph, Demon, 76205 - favor Ruby Jones, 303 McKinney, Demon, 76209 - concern about neighboring property Tom Brewer, 830 I35, Denton, 76205 - favor Elizabeth and James Fagan, 3304 Woodthrush, Demon, 76209 - opposed Wendy Mayfield, 3321 Kingfisher Lane, Demon, 76209 - opposed Carlton Wendel, 3300 Woodthrush, Demon, 76209 - opposed Jeff Hyde, 3406 Kingfisher Lane, Demon, 76209 - opposed Teresa Dillard, 3024 Paisley, Demon, 76209 - opposed City of Demon City Council Minutes February 3, 2004 Page 10 Robert Graber, 2908 Penniman Road, Demon, 76209 - opposed Commem cards were received from the following individuals: Jack McKinney, 3140 No. Trinity Road, Demon, 76208 - favor William Crouch, 408 Magnolia, Demon, 76201 - favor Sadie Castillo, 3308 Huisache, Demon, 76209 - favor Martin Jaeckel, 2111 Emerson, Denton, 76209 - favor Karen White, 3217 Deerfield, Demon, 76208 - favor Jorge Palos, 2293 West Oak #1, Denton, 76201 - favor Joe Lanham, 4090 Sauls Road, Aubrey, 76227 - favor Katherine Litteral, 3308 Huisache, Denton, 76209 - favor Vickie Hendricks, 2207 Cindy Lane, Demon, 76207 - favor D. Jorge Urbina, 2224 Houston, Denton, 76201 - favor Noe Rodriguez, 416 Meng Circle, Demon, 76209 - favor Kelley Reese, 2008 Paisley, Demon, 76209 - opposed Janet and Allen Kingsley, 3311 Kingfisher, Demon, 76209 - opposed Cymhia Graber, 2908 Penniman Road, Demon, 76209 - opposed Emily Valdez, 3407 Kingfisher, Demon, 76209 - opposed Dierdre Wendel, 3300 Woodthrush, Demon, 76209 - opposed Janet Grauso, 3323 Kingfisher, Demon, 76209 - opposed Jennie Davis, 3323 Kingfisher, Demon, 76209 - opposed William Stramm, 2804 Christopher, Demon, 76209 - opposed Emily Joos, 3012 Weston, Denton, 76209 - opposed Jeff Baker, 3313 Kingfisher, Demon, 76209 - opposed Yance Stevens, 3020 Bob O Link, Demon, 76209 - opposed Andy and Neva Thomas, 3318 Meadowlark, Demon, 76209 - opposed Dustin Wright, 3412 Oriole, Demon, 76209 - opposed Melinda Cacal, 3025 Bob O Link, Demon, 76209 - opposed Jennifer Ebert, 3502 Kingfisher, Demon, 76209 - opposed Eyrline and Douglas Morgan, 400 Conditt Circle, Demon, 76209 - opposed Don Goldstone, 3405 Kingfisher, Demon, 76209 - opposed The following individuals also spoke during the public hearing: Kay Fisher, 2601 W. Oak Shores, Cross Roads, 76227 - favor Jason Joos, 3012 Weston, Denton, 76209 - opposed Jean Pekara, 3403 Kingfisher, Demon, 76209 - opposed Jack Kingsley, 3311 Kingfisher, Demon, 76209 - opposed Peggy Fearing, 525 Roberts, Denton 76201 - favor The Mayor closed public hearing. Issues the Council considered during discussion included the emotional issues and trust connected with the proposal; the affordable housing portion of the proposals appeared to be an attribute to the community; keeping the single-family home portion of the proposals at the NR-4 zoning category; the Oriole Court proposal seemed to be generating the most opposition due to the density of the zoning; and the cost factors involved with infill developmem. City of DeNon City Council Minutes February 3, 2004 Page 11 Mayor Brock asked that Item E. be considered before Item D. The following ordinance was considered: NO. 2004-036 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZON1NG CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3.85 ACRES OF LAND COMMONLY KNOWN AS 406, 408, 410, AND 414 MOCKINGBIRD LANE GENERALLY LOCATED AT THE INTERSECTION OF MOCKINGBIRD LANE AND WESTON DRIVE ALONG THE EAST SIDE OF MOCKINGBIRD LANE AND LEGALLY DESCRIBED AS TRACTS 3, 4, 5, 6, 12, AND 13 OF THE M. YOACHUM SURVEY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS ; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0023) Kamp motioned, Burroughs seconded to adopt the ordinance based on the proposal presented at the meeting with the rezoning of the 1.974 acres subject to verification of the property description with the remainder of the tract remaining at NR-4. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council considered Item D. Mayor motioned, Kamp seconded to deny. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "nay" and Mayor Brock "aye". Motion to deny carried with a 5-1 vote. E. The Council held a public hearing and considered adoption of an ordinance concerning the rezoning of approximately 3.9 acres from a Neighborhood Residemial 4 (NR-4) zoning district to a Neighborhood Residemial 6 (NR-6) zoning district. The property, commonly known as 406, 408, 410, and 414 Mockingbird Lane, was generally located at the imersection of Mockingbird Lane and Weston Drive along the east side of Mockingbird Lane. Detached and attached single-family units wee proposed. The Planning and Zoning Commission recommended denial (6-1). (Z03-0023, Nevada CourO The public hearing and vote for this item were considered with Item 5.D. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas relating to the appeal of the Denton Independent School District regarding the Teasley Lane High School, brought pursuam to §26-226 of City of DeNon Ordinance No. 2003- 137, involving the imposition of impact fees; and providing for an effective date. City of Demon City Council Minutes February 3, 2004 Page 12 Mayor Brock stated that Council had asked for additional information from staff on Items 6A and 6B. Burroughs motioned, McNeill seconded to continue Items 6A and 6B to allow staff time to continue investigation on these items. The items would return to Council when staff had completed the investigation. On roll vote, Burroughs "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas relating to the appeal of the Denton Independent School District regarding the C.H. Collins Athletic Complex, brought pursuam to §26-226 of City of Demon Ordinance No. 2003-137, involving the imposition of impact fees; and providing for an effective date. This item was considered with Item 6A. C. New Business The following item of New Business was suggested for future agendas: 1. Mayor Pro Tem Burroughs asked that duplexes by only a specific use permit be considered when drafting an NR-5 zoning category. Do Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items. E. There was no cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. 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 11:30 p.m. EULINEBROCK MAYOR CITY OFDENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS