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Minutes July 20, 2004CITY OF DENTON CITY COUNCIL MINUTES July 20, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, July 20, 2004 at 4:00 p.m. in the Council Work Session Room at City Hall: PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Kamp, Montgomery, Mulroy, Redmon and Thomson ABSENT: None 1. The Council received a report, held a discussion, and gave staff direction regarding the Bond Election process. Kathy DuBose, Assistant City Manager, stated that staff was putting together the Capital Improvement Program and the Bond Election was scheduled for February 5. Tentative schedule was in the backup. She stated that the Council would make appointments to the committee at the August 3 council meeting. Each council member would make seven nominations. The committee would have 50 members. Council Member Mulroy stated that the chair of the committee should run the meetings of the committee and not the Council. Montgomery asked if the committee members gave a list of items for the Capital Improvement Program to staff. DuBose stated that they had not in the past but could. 2. The Council received a report, held a discussion and gave staff direction regarding a proposal to conduct a mobility study for the Denia Neighborhood. Kelly Carpenter, Director of Planning and Development, stated that the Denia Neighborhood Plan was adopted in 1999. During a recent meeting of the Denia Neighborhood Association, a request was made for a mobility study of the Denia neighborhood. She stated that the Engineering Department requested a proposal from C&P Engineering to undertake a mobility study of three scenarios with the neighborhood. The scenarios proposed were: to evaluate the existing streets, existing access system and existing traffic volumes; utilize the current traffic volumes identified and evaluate access and street system presented in the currently approved mobility plan; and to evaluate the future conditions based on traffic volumes generated and distributed throughout the Denia neighborhood to account for the full build out of the study area. These traffic volumes would then be compared to the City's Mobility Plan to identify any inadequacies and recommend changes to address those inadequacies. The proposal was for $11,525 and currently no funding source had been identified. Mayor Brock stated that a citizen wanted to speak to the Council regarding this item. Montgomery motioned, McNeill seconded to allow the citizen to speak. General consensus of the Council was to allow the citizen to speak. Linnie McAdams stated that the neighborhood wanted the traffic study to include traffic coming up Bonnie Brae. City of Denton City Council Minutes July 20, 2004 Page 2 Carpenter advised that Bonnie Brae would be included in the study. Council directed staffto identify funding to complete the mobility study. 3. The Council received a report, held a discussion and gave staff direction regarding code enforcement procedures. Captain Joanie Housewright stated that the appearance of the city was primarily dependent upon the policies that regulated the development of properties and the policies that regulated the maintenance of properties. The development of property was regulated almost exclusively by the Development Code through the Planning Department and Building Inspections Department. The maintenance of property was regulated by a variety of laws and ordinances with enforcement through the Code Enforcement Department and Building Inspections Department. Housewright reviewed current Code Enforcement procedures for violations involving high grass and weeds; trash and debris; junked vehicles; violations of regulations related to signs and zoning or land use; view obstructions; complaints regarding cars for sale on parking lots; car dealerships where vehicles are parked on sidewalks; solid waste complaints; complaints of neighborhoods blowing grass clippings into the drainage system; and stagnant water, especially in private pools. She stated that staffhad reviewed the ordinances and procedures of other cities and State law and recommended revisions to the ordinances. The recommendation from staff regarding legislation for high grass and weeds and trash and debris included: abate, without notice, weeds higher than 48 inches; property of 20 acres or less be mowed in its entirety rather than the 100 feet required by the Denton ordinance; revisions to the definition of garbage, impure or unwholesome matter, junk, and nuisance; increase the administrative fee for the abatement process to $125.00. The recommendation from staff regarding legislation for junked vehicles included: a State law revision that changed the length of time for a junked vehicle to be inoperable to thirty days; revisions to the definition of an inoperable motor vehicle, inoperable vehicle, and junked vehicle; requirement that junked vehicles be screened by an opaque fence or enclosed in a building. Housewright briefly reviewed the Ft. Worth Code Rangers volunteer program. Mayor Brock suggested that staff prepare a chart that showed recommended changes and current ordinances and place that on a future work session for discussion. 4. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of July 20, 2004. Regular Meeting of the City of Denton City Council on Tuesday, July 20, 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. : City of Denton City Council Minutes July 20, 2004 Page 3 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards There were no proclamation/awards for this meeting. B. July Yard-of-the-Month Awards Mayor Brock presented the July Yard-of-the-Month awards to: Bill and Donna Smith Ed and Nancy Gibson Clint and Elizabeth Smith Bill, Robin and G-riffm Schofield Javier Subias Larry and Beth Manning - Water Smart Yard Peter L. Holland, D.D.S. and Steven Alspach, D.D.S., M.S. - Business C. Recognition of staff accomplishments City Manager Conduffpresented staff accomplishments to the Council and audience. 3. CITIZENS REPORTS A. The Council received citizen reports from the following: 1. Tom Sprabeary regarding increasing taxi rates. Mr. Sprabeary was not present. 2. Gary Naderi regarding increase in taxi rates. Mr. Naderi stated that he owned Ace Cab Company and requested that the Council increase the fares to $2.00. He was also request'mg that the City change the ordinance to allow cabs to be 7 years old versus 5 years old. 3. Nell Yeldell regarding taxes and legal description of property. Ms. Yeldell stated that she was concerned about property taxes. She had been to the Denton Appraisal District to protest her taxes. She stated that she had purchased a different piece of property and the property description was listed as Block 3 and it should be Block 5 and wanted it changed but no one would change it. 4. Willie Hudspeth regarding minority hiring and the tree ordinance. Mr. Hudspeth was concerned that there was no minority representation in the Fire Department. 5. Aron Frydberg regarding the sign code. City of Denton City Council Minutes July 20, 2004 Page 4 Mr. Frydberg was not present. 6. Carolyn Phillips regard'rog untimely liens and the black elderly. Ms. Phillips was not present. 7. Bob Clifton regarding various city issues. Mr. Clifton was not present. 8. Peternia Washington regarding more "cluck" for the "buck". Ms. Washington was not present. 9. Militza Bishop regarding TWU apartment development. Ms. Bishop expressed concerns about traffic and safety regarding the TWU apartment development. She requested that a traffic study be done for Oakland and Austin. 10. Dessie Goodson regarding "responsibility". Ms. Goodson stated that she was upset because she had not received signed copies she had requested of items 6F, 6G, and 6H from the June 15 City Council meeting. 4. CONSENT AGENDA Montgomery motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with a correction to item O to remove the nomination of Lovie Price to the Human Services Advisory Committee. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mufroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2004-182 - An ord'mance amending Ordinance No. 2001-193 and Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas, and all amending ordinances and repealing and consolidating Ordinances 2001-204, 2002-018, 2003-235, 2003-373, 2004-014 and 2004-033; providing for recording of attendance at Council meetings and setting work session times; providing a severability clause; and declaring an effective date. R2004-034 - A resolution approving the fiscal year 2005 Financial Plan of the Denco Area 9-1-1 District, pursuant to the Texas Health and Safety Code; Chapter 772, as amended; and providing an effective date. 2004-183 - An ordinance of the City of Denton, Texas updating Impact Fees by amending Chapter 26, "Utilities," Section 26-210 through 26-232 of the City of Denton Code of Ordinances; adopting revised Land Use Assumptions and Capital Improvements Plans for Water and Wastewater Impact Fees; establishing new service areas for Wastewater Impact Fees; establishing new maximum impact fees per service unit and impact fees to be collected; creating schedules for the City of Denton City Council Minutes July 20, 2004 Page 5 assessment and collection of impact fees; amending the definition of "new development" conta'med in Section 26-213(9); adding the definition of "utility connection" to Section 26-213(14); add'rog clarifying language to Section 26- 221(a) and (h); adding Section 26-2210) which clarifies the powers of the Director respecting the enfomement, assessment, computation or collection of impact fees; revising procedures for administering impact fees; repealing conflicting ordinances and resolutions; providing a severability clause; providing for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date. An exception to the Noise Ordinance for the purpose of Jagoe-Public, a hot mix asphalt plant need to operate between the hours of 7:00 p.m. and 6:00 a.m., Sundays through Thursdays, for 28 to 35 working days between July 21st and November 18th, 2004. 2004-184 - An ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Juneteenth Committee to support the 2004 Jnneteenth Celebration; providing for an effective date. 2004-185 - An ordinance approving an Interlocal Cooperative Agreement between the City of Denton & Denton County approving a project for completion of roadway pavement improvements on Long Road from the Denton Independent School District's western property line to Smart Road adjacent to and serving the new Denton Athletic Facility/Advanced Career and Technology Center; and providing for an effective date. 2004-186 - An ordinance of the City of Denton, Texas amending the provisions of Chapter 18 relating to motor vehicles and traffic by amending Section 18-107 to allow for disabled parking signs to be posted on a wall or on a post; providing for a severability clause; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. 2004-187 - An ordinance of the City of Denton, Texas amending Section 18-13 of the Code of Ordinances of the City of Denton by prohibiting the operation of bicycles, motor assisted scooters, and neighborhood electric devices or any other similar vehicle or toy devices on sidewalks in the area surrounding the City Square; providing that this ord'mance does not apply to any mobility impaired individual using a motorized device; provid'mg for a severability clause; providing a repealing clause; providing for a penalty not to exceed two hundred dollars for a violation of this ordinance; providing for publication; and providing for an effective date. 2004-188 - An ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Knnn 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 July 20, 2004 Page 6 Jo 2004-189 - An ordinance approving a Real Estate Contract between Deborah J. Wrenn as seller and the City of Denton, Texas as purchaser for a tract of land commonly known as 1110 E. Sycamore located in the Cisco Survey, Abstract 1184 in the City of Denton, Denton County, Texas; authoriz'mg the expenditure of funds and providing an effective date. 2004-190 - An ordinance authorizing the City Manager or his designee to execute a Wireline Crossing Agreement with Union Pacific Railroad Company for an aerial wireline crossing located at Mile Post 718.38, Choctaw Subdivision, City of Denton, Denton County, Texas; authoriz'mg the expenditure of funds, therefor; and providing an effective date. 2004-191 - An ord'mance of the City of Denton, Texas, authorizing the Mayor to execute an Interloeal Cooperation Agreement between the City of Denton, Texas and the Denton Independent School District regarding the use of the Right of Way for DISD Fiber Optic System; and providing an effective date. Mo 2004-192 - An ordinance on second reading to voluntarily annex 63.32 acres of land generally located west of Swisher Road, and north of Edwards Road in the eastern section of the City of Denton Extraterritorial Jurisdiction (ETJ). The Planning and Zoning Commission recommends approval (4-0). (Longhorn Development Annexation, A04-0001) R2004-035 - A resolution of the City of Denton, Texas, approving the acquisition of real property by the Denton County Central Appraisal District commonly known as 3901 Morse Street, Denton, Texas 76208; and providing an effective date. Approved appointments to the following boards and commissions: 1. Airport Advisory Board - Don Smith, Larry Lute 2. Animal Shelter Advisory Committee - Kody MacKenna, Marilyn Wells, Joella Orr, Curtis Martin 3. Community Development Advisory Committee - LaNelle Winn, Ed Touraine, Sandra Benavides, Run Aldridge 4. Construction Advisory and Appeals Board - Alan Nelson 5. Historic Landmark Commission - Randall Boyd, Darlene Mullenweg, Peggy Capps 6. Hman Services Advisory Committee - Teri Rheault 7. Library Board - Lori Wolfe 8. Parks, Recreation and Beautification Board - Chuck Smith, Palrice Lyke, Ged Aschenbreuner 9. Planning and Zoning Commission - DeCarlo Noble, Vicki Holt, Mary Thibodeaux 10. Public Utilities Board - Phil Gailivan 11. TMPA - George Hopkins 12. Traffic Safety Commission - Connie Baker, Lelia Howell 13. Zoning Board of Adjustment - Cliff Reding, Cecil Adkins City of Denton City Council Minutes July 20, 2004 Page 7 2004-193 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of EMS Supplies for Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3165 - EMS Supplies awarded to the lowest responsible bidder for each item in the estimated amount of $120,000). 2004-194 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Overhead 13.2 kV Capacitor Bank Assemblies for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3177 - Overhead 13.2 kV Capacitor Bank Assemblies awarded to Wesco Distribution in the estimated amount of $38,000). 2004-195 - An ordinance accepting competitive bids and awarding a contract for the purchase of printing, typesetting, distribution and advertisement sales for the Parks and Recreation Department's PLAY Seasonal Brochure; providing for the expenditure of funds therefor; and providing an effective date (Bid 3186 - Annual Contract for P.A.R.D. Seasonal Catalogs awarded to the lowest bidder for each section in the gross amount of $41,595 less $12,000 (Estimated Ad Revenue) for a net estimated cost of $29,595). 2004-196 - An ordinance accepting competitive bids and awarding a contract for the purchase of two 15 kV Bus Duct replacements for the Hickory Street Substation; providing for the expenditure of funds therefor; and providing an effective date (Bid 3172 - Hickory Substation Bus Duct Replacements awarded to Powell Electrical Manufacturing Company in the amount of $27,829). 2004-197 - An ordinance accepting competitive bids and awarding a contract for the purchase of a hydraulic excavator for the Water Distribution Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3178 - Hydraulic Excavator awarded to Continental Equipment Company L.P. in the amount of $131,463.29). Approved the minutes of June 1, June 8, and June 15 Regular Meetings and June 15 Luncheon. 5. PUBLIC HEARINGS A. The Council held a public hearing and consider adoption of an ordinance rezoning approximately 19 acres from the Neighborhood Residential 4 (NR-4) zoning district to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning dislrict, and approximately 63 acres to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The property was generally located west of Swisher Road, and approximately 1,500 feet north of Edwards Road. The Planning and Zoning Commission recommended approval (6-0). (Z04-0002, Longhorn) Kelly Carpenter, Director of Planning and Development, stated that a multi-family development with a golf course was proposed. The multi-family use was permitted in the NRMU-12 zoning district, however the golf course was classified as outdoor recreation and required approval of a Specific Use Permit in addition to the zoning. Opposition was 7.9%. City of Denton City Council Minutes July 20, 2004 Page 8 The Mayor opened the public hearing. Mark Webb, representing One Longhorn Land I, LP, spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-198 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE ZONING OF AN APPROXIMATE 82 ACRE TRACT OR PARCEL OF LAND TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT, APPROXIMATELY 25 ACRES OF WHICH IS CURRENTLY ZONED NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND APPROXIMATELY 63 ACRES OF WHICH IS CURRENTLY ZONED NEIGHBORHOOD RESIDENTIAL 4 (NR-4) INTO THE CITY OF DENTON, SAID 88 ACRE TRACT IS GENERALLY LOCATED IN THE GIDEON SURVEY, ABSTRACT NO. 1330, WEST OF SWISHER ROAD, AND APPROXIMATELY 1,500 FEET NORTH OF EDWARDS ROAD 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. (Z04-0002) Kamp motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. B. The Council held a public hearing and considered adoption of an ordinance rezonlng approximately 0.56 acres from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district. The property was generally located south of McKirmey Street and approximately 900 feet west of Loop 288. The Planning and Zoning Commission recommended approval (6-0). (Z04-0019, Church's Chicken) Larry Reichhart, Assistant Director of Planning and Development, stated that this application was associated with an application for the Special Use Permit (SUP) for a drive-through facility, and a variance request from driveway separation requirements. The Planning and Zoning Commission approved the driveway separation variance on June 23, 2004. No property owners within 200 ft. of the property had responded. He stated that the proposed zoning change was compatible with neighboring zoning designations. The Mayor opened the public hearing. Karen Mitchell, Mitchell Planning Group, spoke in support of this item and the next item. The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes July 20, 2004 Page 9 NO. 2004-199 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 MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.56 ACRE OF LAND LOCATED GENERALLY SOUTH OF MCKINNEY STREET AND APPROXIMATELY 900 FEET WEST OF LOOP 288 AND LEGALLY DESCRIBED AS A PORTION OF TRACT 66 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. (Z04-0019) Redmon motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. C. The Council held a public hearing and considered adoption of an ordinance for a Specific Use Permit (SUP) for a drive-through facility for Church's Chicken. The property was generally located south of McKinney Street and approximately 900 feet west of Loop 288. The Planning and Zoning Commission recommended approval (6-0). (Z04-0020, Church's Chicken.) Larry Reichhart, Assistant Director of Planning and Development, stated that the restaurant was a permitted use in the proposed NRMU zoning district, but a drive-through facility required a Specific Use Permit. He stated that staff recommended approval of the SUP for the drive- through facility, and site plan approval on the request and location of the drive-through facility with conditions: the drive-through facility shall be as provided in the site plan; and an access easement or the connection between the property and the driveway to the east must be provided prior to final plat approval. The Mayor opened the public heating. No one spoke during the public hearing. The Mayor closed the public heating. The following ordinance was considered: NO. 2004-200 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.56 ACRE OF LAND GENERALLY LOCATED SOUTH OF MCKINNEY STREET AND APPROXIMATELY 900 FEET WEST OF LOOP 288, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) 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. (Z04-0020) City of Denton City Council Minutes July 20, 2004 Page 10 Kamp motioned, Redmon seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 1.25 acres from Downtown Residential 1 (DR-l) zoning district to Downtown Residential 2 (DR-2) zoning district. The property was generally located southeast of Underwood Street at Avenue A. The Planning and Zoning Commission recommended approval (6-0). (Z04-0022, Underwood and Avenue A) Larry Reichhart, Assistant Director of Planning and Development, stated that multi-family use was proposed. Staff had received three written responses expressing opposition, which was 13.5%. He stated that changing the zoning from DR-1 to DR-2 would increase the density from 8 dwelling units to 30 per acre, and for this particular site would allow a maximum development of approximately 37.5 units (75 bedrooms). The Mayor opened the public hearing. The applicant, Scott Brown, spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 1.25 ACRES OF LAND LOCATED GENERALLY SOUTH OF UNDERWOOD STREET AT AVENUE A AND LEGALLY DESCRIBED AS TRACT 642, 643, 644, AND 645 OF THE E. PUCHALSKI 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. (Z04-0022) Thomson motioned, Redmon seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "nay". Motion carded 6-1. E. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a drive-through facility. The approximately 0.72 acre property was in a Neighborhood Residential Mixed Use (NRMU) zoning district and was generally located on the east side of Lillian Miller Parkway, approximately 170 feet north of Wind River Lane and approximately 100 feet west of Lake Fork Circle. The Planning and Zoning Commission recommended approval (6-0). (Z04-0021, Dry Clean Super Center) City of Denton City Council Minutes July 20, 2004 Page 11 Larry Reichhart, Assistant Director of Planning and Development, stated that the Specific Use Permit was required for all drive-through uses. Staff had received three written responses in opposition to the request, which was 11%. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Sid Hollingsworth, 4725 Nail Rd, Dallas, in support Ray Ellis, 4725 Nail Rd, Dallas, in support Mary Brower, 3205 Meredith Lane, in support Eddy Lynton, 2405 Great Bear Lane, in support Marty Rivers, 2000 Whitefish Court, in support Clemence Rawley, 1421 Hunters Ridge Circle, Vice President of Hunters Ridge Homeowner's Association, opposed to additional traffic and non-conforming building plans Comment Cards were received from the following individuals in opposition to the ordinance. Sharon McKee, 1204 Tulane Carolyn Gold, 1413 Hunters Ridge Circle Curtis L. Gold, 1413 Hunters Ridge Circle Lynn Thompson, 1520 Hunters Ridge Circle The Mayor closed the public hearing. The Mayor re-opened the public hearing. Paul Rawley, 2420 Champlain Lane, spoke regard'rog a curb cut on Wind River Lane. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.72 ACRE OF LAND GENERALLY LOCATED ON THE EAST SIDE OF LILLIAN MILLER PARKWAY, APPROXIMATELY 170 FEET NORTH OF WIND RIVER LANE AND APPROXIMATELY 100 FEET WEST OF LAKE FORK CIRCLE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) 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. (Z04-0021) Thomson motioned, McNeill seconded to adopt the ordinance with the following conditions: increase the height of the proposed six-foot masonry fence to a height of eight feet, architecture City of Denton City Council Minutes July 20, 2004 Page 12 of structure be consistent with surrounding structures, illuminated sign be recessed into the building, existing live oak trees along fence line be preserved, landscaping resemble existing landscaping on CVS site, stop sign be erected at the exit of the site, safety bollards be located on north side of lot, all signs cease illumination at 10 pm, and parking lot lighting not extend beyond the property line. On roll vote, Kamp "aye", McNeill "aye", Montgomery "nay", Mulroy "nay", Redmon "aye", Thomson "aye" and Mayor Brock "nay". Motion carded 4-3. F. The Council held a public hearing and considered adoption of an ordinance regarding rezoning of approximately 8.3 acres from the Neighborhood Residential 2 (NR-2) zoning district to an Employment Center Commercial (EC-C) zoning district. The property was generally located on the south side of University Drive, and approximately 900 feet east of Thomas Egan Road. An office and light-manufacturing park was proposed. The Planning and Zoning Commission recommended approval (6-0). (Z04-0023, Shady Creek Business Park) Larry Reichhart, Assistant Director of Planning and Development, stated that the requested zoning change would allow the applicant to develop the property for a medical center and retail uses. Staffhad received no written responses from property owners within 200 feet of the site. The Mayor opened the public heating. Allen Bussell, representing the owner, spoke in support. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 8.3 ACRES FROM THE NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT; THE PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY 900 FEET EAST OF THOMAS EGAN ROAD 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. (Z04-0023) Montgomery motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. G. The Council held a public heating and considered adoption of an ordinance rezoning approximately 30.7 acres from a Neighborhood Residential 2 (NR-2) zoning district to .approximately 6.2 acres of Neighborhood Residential 4 (NR-4) and 24.5 acres of Neighborhood Residential 6 (NR-6) zoning districts with an overlay district. The property was generally located at the southwest comer of Hinlde and Windsor intersection. Single-family development was proposed. The Planning and Zoning Commission recommended denial (5-1). NOTE: ~, SUPERMAJORITY VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL. (ZO4-O017, The Cove at North Lakes) City of Denton City Council Minutes July 20, 2004 Page 13 Larry Reichhart, Assistant Director of Planning and Development, stated that under the proposed zoning of 6.2 acres of NR-4 and 24.5 acres of NR-6 with an overlay zoning designation up to 24 NR-4 lots and 117 NR-6 lots could be developed totaling 141 residential lots. Under the existing NR-2 zoning a maximum of 61 residential lots could be developed. Staff had received seven responses in opposition from property owners, which represented 8.2%. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Karen Mitchell, Mitchell Planning Group, in support Allen Bussell, 1621 Amanda Court, in support Comment Cards were received from the following individuals in opposition to the ordinance. Dureen White, 720 Headlee Richard White, 720 Headlee Peggy Gist, 1215 Meadow Ridge Dr. Kay Norman, 1213 Meadow Ridge Arlene Morrison, 624 Headlee Ivy Doak, 518 Northridge Mason Kearby, 601 Magnolia Helen Kearby, 601 Magnolia Terry and Hazel Masten, 402 Magnolia Lee Nahrgang, 506 Northridge Joan Taylor, 1209 Tulane Tom Bucldey, 519 Magnolia Betty Nabors, 524 Magnolia Homer Nabors, 524 Magnolia Bess Buckley, 519 Magnolia Mildred Marsh, 717 Headlee Doretha Wilson, 301 Mimosa Cletice Gilley, 1200 Tulane Alice Pockrus, 2500 Hinkle Drive Jean Frank, 12500 Hinkle Drive #1 Judith M. Garbar, 1200 Meadow Ridge Drive Etna Roberson, 1211 Meadow Ridge Charles Wilson, 301 Mimosa Gall Garber, 1200 Meadow Ridge Colleen Briscoe, 507 Magnolia Maurine Petty, 707 Headlee The following individuals spoke during the public hearing: Avon Cline, 714 Mimosa, in opposition Gall Garber, 1200 Meadow Ridge Drive, in opposition Darby Reinke, 701 Northridge, in opposition Kay Selby, 428 Northridge, in opposition Harold Perry, 720 Mimosa, in opposition City of Denton City Council Minutes July 20, 2004 Page 14 Jack Frisby, 405 Magnolia, in opposition Lisa Melby, Administrator at Denton Good Samaritan Village, 2500 Hinlde, concerned about residents, density, and traffic on Hinkle Patrice Frisby, 405 Magnolia, in opposition The Mayor closed the public heating. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 30.7 ACRES FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO 6.2 ACRES OF NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND 24.5 ACRES OF NEIGHBORHOOD RESIDENTIAL 6 (NR-6), WITH AN OVERLAY DISTRICT; SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER ON WINDSOR DRIVE AND HINKLE STREET INTERSECTION AND LEGALLY DESCRIBED AS TRACT 31 OF THE R. BEAUMONT SURVEY ABSTRACT NUMBER 61 AND TRACTS 54 AND 56 OF THE MEISENHEIMER SURVEY ABSTRACT NUMBER 810 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; SUCH OVERLAY DISTRICT ESTABLISHES DIFFERENT REGULATIONS THAN WOULD NORMALLY BE PERMITTED IN THE NR-6 DISTRICT, INCLUDING THE REDUCTION OF THE NUMBER OF PERMITTED RESIDENTIAL LOTS, THE INCREASING OF BUILDING SETBACKS, AND LIMITATIONS OF PERMITTED LAND USES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0017) Thomson motioned to deny the zoning request. McNeill motioned to approve zoning of NR-4 for the entire piece of property. Motion died for lack of a secon[l. Montgomery seconded the original motion. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. H. The Council considered the following: 1. The City Council held a public hearing and considered adoption of an ordinance creating a Special Sign District for the Unicorn Lake development. The purpose of the Special Sign District was to allow signage for the development, located south of Interstate 35 East along both sides of Wind River Lane, deviating from the requirements of Subchapter 15 of the Development Code relating to directional signage. The Planning and Zoning Commission recommended approval (3-3). NOTE: A SUPERMAJOR1TY VOTE BY THE COUNCIL WAS REQUIRED FORAI'PROVAL. (SD04-0002, Unicorn Lake DevelopmenO Larry Reichhart, Assistant Director of Planning and Development, stated that the Development Code did not address "way finding" signs. The proposed sign district would allow an off- premise "way finding" sign to be located on public property. One neutral response from a property owner was submitted to staff. A supermajority vote of the City Council was required to approve this case since the Planning and Zoning Commission recommended denial. City of Denton City Council Minutes July 20, 2004 Page 15 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Melissa Lindelow, 1717 Main Street, #2800, Dallas, in support Bob Shelton, 3300 Sundown, in support The Mayor closed the public hearing. The following ord'mance was considered: NO. 2004-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 0.023 ACRE OF LAND LOCATED AT THE INTERSECTION OF STATE SCHOOL ROAD AND UNICORN LAKE BOULEVARD LEGALLY DESCRIBED AS 0.023 ACRES OF TRACT 19 OF THE M.E.P. & R.R. SURVEY ABSTRACT NUMBER 950 IN THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (SD04-0002) Mulroy motioned, Thomson seconded to adopt the ordinance with updated exhibits. On roll vote, Kamp "aye", MeNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2. The Council considered adoption of an ordinance authorizing the City Manager or his designee to approve a Right of Way Use Agreement, to allow a monument sign and other improvements to be located within street right-of-way at Unicom Lake Blvd. and State School Road to indicate entryway into Unicom Lake, said tract being described as a 0.023 acres of land situated in the M.E.P. & P.R.R. Survey, Abstract No. 950, in the City of Denton, Denton County, Texas, being part of a 2.631 acre tract of land, conveyed as tract two to the City of Denton by Deed recorded in County Clerk's file No. 2004-56699, Real Property Records, Denton County, Texas, and providing an effective date. The following individuals spoke regarding the ordinance: Melissa Lindelow, 1717 Main Street, #2800, Dallas, in support Bob Shelton, 3300 Sundown, in support The following ordinance was considered: NO. 2004-205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE A RIGHT OF WAY USE AGREEMENT TO ALLOW A MONUMENT SIGN WITHIN STREET RIGHT-OF-WAY AT UNICORN LAKE BLVD. AND STATE SCHOOL ROAD TO INDICATE ENTRYWAY INTO UNICORN LAKE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes July 20, 2004 Page 16 Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance amending, repealing and replacing Ordinance No. 2002-244 of the City of Denton, Texas, establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the City as provided for in Sec. 27-102 of Article IV of Chapter 27 "Vehicles For Hire" of the Code of Ordinances of the City of Denton, Texas; repealing all ordinances in conflict herewith; providing a severability clause; and providing for an effective date. Ross Chadwick, Fire Chief, stated that the last change of emergency ambulance fees was in 2002. He stated that costs to provide emergency medical services continued to increase, and an increase was needed to remain competitive with other area emergency medical services providers. Chadwick stated that the proposed ordinance would increase the Resident Transport Fee to $475.00 and the Non-Resident Basic Transport Fee to $600.00. A Comment Card was received from Bill Lewis, 900 Brash Creek Road, Argyle, in support of the ordinance. The following ordinance was considered: No. 2004-206 AN ORDINANCE AMENDING, REPEALING AND REPLACING ORDINANCE NO. 2002-244 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE IV OF CHAPTER 27 "VEHICLES FOR H1RE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mu[roy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carded unanimously. B. The Council considered adoption of an ordinance of the City of Denton, Texas amending Chapter 16 relating to licenses, permits and business regulations by changing the definition of soliciting in Article III titled Solicitors and Itinerant Merchants; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. Captain Joanie Housewfight reviewed the changes to the ~olicitor's ordinance. She stated that it expanded the defmition of soliciting to include a person who asked for a ride, employment, City of Denton City Council Minutes July 20, 2004 Page 17 goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose in any public place. It excluded requesting a ride, employment, goods, services, or f'mancial aid from a friend or relative. The new defmition also included a person who distributed without remuneration goods, services, or publications. The proposed ordinance also added a definition for solicitor. It excluded those individuals who set up and operated a temporary business within a building of another business. Individuals soliciting employment at the Day Labor Site were exempted. However, the change in the definition of soliciting allowed for the regulation of individuals soliciting employment. The proposed revision included the addition of a definition of the Day Labor Site that would require the laborers to solicit employment at least fifty feet from the intersection of the driveway entrance and West Collins and at least 20 feet from the curb of any adjacent streets. Council Member Thomson asked how it would be enforced. Housewright stated that they would start with warnings. She stated they were having small cards prepared that they could hand to people that were homeless, etc. The following individuals spoke regarding the ordinance: Dessie Goodson, 1511 N. Elm, Apt. 8, in opposition Ann Pemberton, 2118 Cherrywood Lane, in opposition Bill Thomas, 2205 Archer Trail, in support Bob Moses, 115 W. Hickory, in support Ed Prout, 215 E. Oak Street, in support George Gibson, 1401 Lynhurst, asked the City to get the word out that help was available Ken Willis, 111 N. Elm Street, in support Robb Bertelsen, 110 W. Oak Street, in support Council Member Redmon requested a six-month evaluation of the ordinance if approved. The following ordinance was considered: NO. 2004-207 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 16 RELATING TO LICENSES, PERMITS AND BUSINESS REGULATIONS BY CHANGING THE DEFINITION OF SOLICITING IN ARTICLE III TITLED SOLICITORS AND ITINERANT MERCHANTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. McNeill motioned, Kamp seconded to adopt the ordinance and requested a six-month evaluation. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement by and between the City of Denton, Texas and the Texas Woman's University pertaining to the use of and upgrade of Civic Center Park; and providing an effective date. City of Denton City Council Minutes July 20, 2004 Page 18 This item was pulled from consideration by TWU. D. The Council considered nominations/appointments to the City's boards and commissions. Council Member Kamp nominated Larry Calvert to the Construction Advisory and Appeals Board. Council Member Kamp nominated Mary Tisher to the Human Services Advisory Committee. Council Member Thomson nominated Judy Deck to the Library Board. Council Member McNeill nominated John Vann to the Airport Advisory Board. Mayor Brock announced the appointment of Jeanie Chilton to the Denton Housing Authority. E. New Business The following items of New Business were suggested for furore agendas: 1. Council Member Redmon asked if staff could look for other ways of funding traffic analysis studies for neighborhoods. F. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff reminded the Council of the retreat on Thursday and Friday, July 22 and 23, 2004. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 11:12 p.m. JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS