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July 23, 2019 MinutesCTTY OF DENTON CITY COUNCIL MINUTES July 23, 2019 After determining that a quarum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, July 23, 2019, at 11:02 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. � r . � , . � � '- �_ ._ : �, . �, r '' , �-i�� '.��; . ; , � � � . , � � �- Also present were City 1Vlanager Todd Hileman and City Attorney Aaron Leal C�'ZI�.'II.Y.`i��7►i 1. Citizen Comments c�� '"�ar�� ,�cN�� de�� 2. 1�� a��«�t� �'�r�� c��°i.�"�ra��i�a��rr� ��"� +�t��i�. i��?�� 1i��.�� w�� wi;� ��c�r��i��r. � 3. "V�w'��rM�� a��i�� l�� c,,,�..,��.�� A. ID 19-1454 Receive a report, hald a discussion, and give staff direction regarding the 86th Session of the Texas State Legislature and impacts of new legislation to the City of Denton. The presentation was made and discussion followed. There was no direction pravided as the item was only far presentaiian purposes in preparation far compliance with provisions set forth by the 86th Session of the Texas State Legislature. The meeting was recessed for a short break at 11:59 a.m. and reconvened at 12:07 p.m. B. ID 19-1702 Receive a report, hold a discussian, and give staff direction regarding a status of the 2019 Development Code and the effects of recently passed House Bills. The presentation was made and discussion followed. Following discussion, staff was directed to conduct additianal research and provide information at a future meeting as to what spec�fically staff is asking for direction on. City of Denton City Councii Minutes July 23, 2019 Page 2 1 � � ' ` - . � .,�1 � � , r � . � • - � �' . � .,� � • . �� - . . - � - � . � i ! 1 .'M�. : � �ilt / � . a/- . ! � � `• � ' -� � ! � 1' � • ' 1 �' � � ' i � . � �` � . ! • ' • ' ' � � i . '- � ' ' '� �' . f i '. � � � � . � . .� � f , , l, I r. _ � � .1• � w . �' 1 , � • . r ( ' �,' '+e � i' •.•f. �' ��' • �. . � 1#1 ��S " � ' " . � . .�' . f � � • • .� Following discussion, staff was directed to conduct mare research for presentation at a future meeting. � � � r. . . , -r� � � . • � . � +, _ � . � -.. � + �-�. - r - . . ♦ r'•�. . • � ` 1 � 1 ' �s• -� : �.. ,� � �, � . . - ' •+ � . �; - • - � ,�- , �' . � � � -�i _ ._ . , . - -� � , � r - . • . � - � - -� . � � _. , •� . • r� �-�, . . . • � .-- , � � .r- �-...`� � - 1 * 1 : �,_- � • - . .. , , . . _� � , � • �. . � � . r . � . .� . 1 , � � .. . . . _r� • � . �' s . � . . : , � - � .,� � • . �. �, : . f _ �. - � . ., 1 ' 1 �.- . + : +' � . � . , . . . �, � - � - . � .�- . � • • � � -�' Following discussion, staff was directed to prepare for presentation at a future budget meeting. City of Denton City Council Minutes July 23, 2019 Page 3 The City Council convened into a Closed Meeting at 6:00 p.m. consistent with Chapter 551 of the Texas Gavernment Code, as amended, or as otherwise allowed by law, as follows: A. ID 19-1724 Deliberatians Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Deliberate and discuss competitive information regarding public power operational and financial matters pertaining to the purchases and risks of wholesale energy supply pertaining to the proposed electric budget. NOT DELIBE TED B. ID 19-1742 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultatian with Attorneys - Under Texas Gavernment Code Section 551.071. Receive information from staff, consult with the City's attorneys, and provide direction pertaining to potential acquisition and use of the facility located at 401 North Elm Street, where discussion of these legal matters in an open meeting would conflict with the duty of the City's attorneys ta the City of Denton and the Dentan City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal positian in any administrative proceeding or potential litigation. DEI.IBERATED Council Member Davis had a conflict of interest and left the Work Session Room. The Closed Meeting started at 6:30 p.m. and ended at 6:47 p.m. Item 1.A (ID 19-1724) was rescheduled for the August 1 St meeting. No votes or actions were taken during the Closed Meeting. , ,. After determining that a quorum was present, the City Council of the City af Denton, Texas convened in a Regular Meeting on Tuesday, July 23, 2019, at 6:56 p.m. in the Council Chamber at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer �:; . ♦ 'r - -. � � •. Alsa present were City Manager Todd Hileman and City Attorney Aaron Leal Mayor Watts announced Consent Agenda Item 2.I (ID 19-1728) was being removed fram consideration at staf�s request. City of Denton City Council Minutes July 23, 2019 Page 4 A. U.S. Flag f►�K13��;�►�i \ 1 : The consent agenda consisted of Items 2.A-J. Item 2.I (ID 19-1728) was pulled from consideration at staff's request. r , �- ' . � -w � .r�• - � . ..- �. r • + • - ` • r - r �- � � ' - �` !. � � . -� AYE� (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth A. ID 19-1628 Consider adoption af an ordinance of the City of Denton, authorizing settlement of a property damage claim against the City for damage to a hydraulic excavator rented from Kirby-Smith Machinery, Inc.; authorizing expenditure of funds in the amount of $123,750.00, including funds received from the City's general property insurance policy with Affiliated FIVi[ Insurance Company; and declaring and effective date. ASSIGNED O INANCE NO. 19-1628 B. ID 19-1630 Consider approval of a resolution by the City of Denton authorizing the City Manager, or his designee, to accept the Victim Assistance Coordinator Grant (Grant Na. 3632902), in the amount of $178,080.00 from the State of Texas, Ofiice of the Governar, thraugh a grant from the US Department of Justice for the period of October 1, 2019, through September 30, 2021 and a cash match in the amount of $44,520.00; and providing an effective date. 1 ' # I ` 1 ' ► I' C. ID 19-1652 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal carporation, authorizing the City Manager to execute a contract for the purchase of natural gas for use in the Salid Waste Department's CNG Fuel Pumps; in accordance with Texas Local Government Code 252.022, which provides an exemption from competitive b�ddzng for this purchase; and providing an effective date (File 6795 - awarded to Luminant Energy Campany, LLC, in the not-to-exceed amount of $75,000}. ASSIGNED ORDINANCE NO. 19-1652 City of Denton City Council Minutes July 23, 2019 Page 5 D. ID 19-1653 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for Pecan Creek Wastewater Reclamation Plant Painting Project with Corrosion Contral Resources, Inc.; providing for the expenditure of funds therefor; and providing an effective date (RFP 7039 - awarded to Corrosion Contral Resaurces, Inc., in the not-to-exceed amount of $240,217}. I ` � C!�`a IZI ' 1 � : ► � 1 '' + E. ID 19-1654 Consider adoption of an ordinance of the City af Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Sam's Club through the PACE Purchasing Association of Cooperative Entities Contract Number P00170 for Retail Suppliers Services; providing for the expenditure of funds therefor; and providing an effective date (File 6979 - awarded to Sam's Club in the five (5) year not-to-exceed amount of $220,000}. ASSIGNED O INANCE NO. 19-1654 F. ID 19-1655 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the supply of Elevators and Lifts Services for the City of Dentan to EMR Elevator, Inc.; providing for the expenditure of funds therefor; and providing an effective date (IFB 7073 - awarded to EMR Elevator, Inc., in the five (5) year not-to-exceed amount of $330,000). ASSIGNED O II�TANCE NO. 19-1655 G. ID 19-1656 Cansider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Rick Robinson, Inc., for developing and delivering a variety of programs in the areas of Leadership Development, Project Management, ERP systerns, Lean Manufacturing, Teambuilding, Quality 5ystems, Strategic Planning9 MO�IVRL1O119 Measurement Systems, and Change Management; providing for the expenditure of funds therefor; and providing an effective date (File 7100 - Professional Services Agreement awarded to Rick Robinson, Inc., in the not-to-exceed amount af $75,000). ASSIGNED O INANCE NO. 19-1656 H. ID 19-1726 Consider adoption of an ordinance of the City of Denton, Texas granting the North Texas State Fair association a three year exception pursuant to section 17-20 of the City of Denton code of ordinances, with respect to sound levels and hours of operation for the North Texas Fair and Rodeo, which will be held August 15-25, 2019, August 20-30, 2020, and August 21-29, 2021, at 221 N. Carroll Boulevard; granting a variance in the hours of operation for said dates on Monday through Thursday from 10:00 p.m. to midnight, Friday and Saturday from 10:00 p.m. to 1:00 a.m., and Sunday from 11:00 a.m. to 11:00 p.m., with saund not to exceed 70 decibels; and providing an effective date. ASSIGNED O INANCE NO. 19-1726 City of Denton City Council Minutes July 23, 2019 Page 6 J. DCC 19-0001 Consider adoptian of a resolution of the City of Dentan, Texas, approving a Certificate of Design Consistency for a mural entitled "Customer's Request" located at 119 Elm Street, which is within The Denton Square Overlay Zoning District, in the city of Denton, Denton County, Texas; and establishing an effective date. (DCC19-0001, Mural Project, Sean Jacobson) ASSIGNED SOLUTION 1lTO. DCC19-0001 I Y Y�1►� i 111 /I 11 �I Il �I:Z17► [KI7►i.'� 11]��I Y[l7►1 I. ZCI19-0029a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classiiication from Regional Center Commercial Neighborhood (RCC-N} and initially zoning an un-zoned property to the General Office (GO) zoning district and use classiiication defined under the 2019 Denton Development Code (Ordinance DCA18-0009q}, on approximately 120.16 acres af land, generally located approximately 3,000 feet north of US 380 between the xailroad tracks and I-35, in the City of Denton, Denton County, Texas; amending the City's official zoning map; providing far a penalty in the maximum amount of $2,000.00 for violatians thereof; providing for severability; and establishing an effective date. The Planning and Zoning Comrnission recommends approval (7-0). (ZCI19-0029a, City Initiated Zoning Change, Ron Menguita) As annaunced earlier in the meeting, the item was pulled from consideration at staff's request. 1' 1 1, . 1 1'; , 1 ! ';1 '� 1 I 1 11 . � � ;� � . ►�'� � � � A. ID 19-1695 Consider adoption af an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of fee simple title ta the surface estate, including a waiver of surface use to the mineral estate, of an approximately 1.22 acre property tract ("Property Interests'°), situated in the Hiram Sisco survey, Abstract Number 1184, in the City and County af Denton, Texas, also known as 612 East McKinney Street; and more particularly described in the attached Exhibit °'A;" authorizing the City Manager and the City Attorney, or their respective designees, to acquire the Property Interests by agreement including making initial and final offers; authorizing the use of the power of eminent domain to condemn the Property Interests if an agreement cannot be reached; and authorizing the City Attorney, ar his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; makings findings; providing a savings clause; and providing an effective date. --- 1' 1:1 \:► \1 ' +' The presentation was rnade with no discussion following. City of Denton City Council Minutes July 23, 2019 Page 7 Council Member Briggs moved that the City ofDenton, after having made the offers required by state law, use the power of eminent domain, if needed, to acquire the fee simple parcel of land, generally located in the Hiram Cisco Survey, Abstract Number 1184, City and County of Denton, Texas and also known as 612 East McKinney Street, Denton County, Texas, and being more particularly described in Exhibit 6`A" to the ordinance now under consideration and on the screens overhead, now being displayed for the audience, which is for a valid public use, necessary to pravide for the expansion, improvement, and security of Police and Public Safety I7ispatch operations, including creation, expansion, and improvement of controlled access and a secured, monitored area for public safety and welfare, as well as to provide public parking, pedestrian and automotive circulation, and jail connectivity, to serve the public and the citizens of the City of Denton, Texas. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth B. ID 19-1696 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisitian of a fee simple title to the surface estate, including a waiver of surface use related to the mineral estate, of an approximate 2.202 acre of real property for road right of way, generally located along the south side of Hickory Creek Road East and along the west side of Barrel Strap Road (FM 2499), the limits of which being bounded to the west by Nautical Lane, to the east by Barrel Strap Road (FM 2499), and being situated in the Berry Merchant Survey, Abstract Na. 800, all in the City of Denton, County of Denton, Texas, and being more particularly described in the attached Exhibit °°A" (the "Property Interest'°); authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interest by agreement, if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the Property Interest if an agreement cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing and effective date. ASSIGNEID ORDINANCE NO. 19-1696 The presentation was made with no discussion fallowing. Council Member Ryan moved that the City of Denton, after having made the affers required by law, use the power of eminent domain, if needed, to acquire a fee simple title to the surface estate, with waiver of surface ta use related to the mineral estate, of appraxirnately 2.202 acre of real property for road right of way generally located along the south side of Hickory Creek Road East and along the west side of Barrel Strap Road (F.M. 2499), and City of Denton Crty Cauncil Minutes July 23, 2019 Page 8 � . , , - � - : . . . - � r; . � :1' 1 . - r � - � � � �- �' - . . � r' �' r. . 1` 1-� �: a 1 " � � .` ' • " �' � �' . �'; . 1 !' ^ '- � • '.� •, �' � � � . '� ,� . � ., . + � . ' 1 . . • ' � , - - ' .' i r'! r; � . .,. �- � , * � • " -' � ' - � -- � t.� ' . . • � - ! . . - , , . . / ' � 1' 1 • "; • �'� � i . !" �. • • . `( AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth , ► ; •' � • �1 !. c • . � r -, � , • � �- .��r � •' � i , - � - � — R- � - , . + + - • • � , r . . . � � '-+ * . • _ � - , + .• �� '' T . • '.� �, . . . � - . i� ' � . � • - _ . � - 1� � + � . � - . . � a- -c �- - � �- a �- - r� - � - •;� . - � � : 111•. � .�� • , . � 1. . < • . �i *- - . �; -r - r , � � � :. � � ''�.� - • �- � �- � � . . - � � - � . • � �� • r � • � . �- , , 1 1 1 ,� � , � -� � • • t - .. . . . � �' � . +� � � . . _ �. . . � �� 1� �. -� ' • . +- ' • � � � -� - � � , �-- � �w .� : �. �, ! ��. � i . � ,• .� r r � # f'' .��!' # ! � * . _ ' , , 1` # `'� . � • ' � • � . � ' . . w • R`� � � .. ,,, � � � � � . � ' � � � � � � ' � • . - � ! ' ' � � � • - ' + ' �'� � . � � • � �. �' - , . f' �' -� � ' � � 1' �,; �- - �• . �a. ! � , - � � i 111'� � .r� w . 1 � . � � �- � � �� • � ��'• �" � � i.�l � #.� ,; • � � . 1 �' ` • 1 � �' # 1 + . f' � � • � � . �- , _ , . • �' '� 11#' !1 � � . � - -r � ♦ � • • . . ,. . - . , - _ . �, . , � .* .� l � 11�.�. . -. � • , .- � � . , • � -� - � � • �-- r� �� -• 1. '� �'�� a. � r .'� - t �- . . 1 '.�1#'. !'. � , -�' - � �- � _ , . + � - � . � . • - , . • � �� • . - - . � • - . • �• t; + r . � . . � s- -• •- - � � #- * �. . �� . a,�- � � .� - � � � City of Denton City Council Minutes July 23, 2019 Page 9 0009q), on approximately 3.57 acres of land, generally located on the northwest corner of I- 35E and Fort Worth Drive in the City of Denton, Denton Caunty, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the rnaximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends appraval (6-0}. (ZCI19- 0024b, City Initiated Zoning Change - Area 24, Ron Menguita) ASSIGNED O INANCE NO. ZCI19-0024b The presentatian was made and no discussion followed. The public hearing was opened; and with no speakers coming farward, the public hearing was closed. Council Member Meltzer moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0}: None ABSENT (1): Mayor Pro Tem Hudspeth Follawing discussion on how the remaining public hearing items would be heard, because the proposed zoning changes applied collectively to Public Hearing Items 4.D-V, the items were grouped as foliaws to include, as applicable, the collective presentations, discussion, public hearings opened, and speakers called, with each item voted on individually. The items are therefore noted in the order discussed/considered. • 4.H,I,J,K • 4.P • 4.T, U, V City Attorney Leal reported Itern 4.Q (ID ZCI19-0038a) required a super majority vote,. D. ZCI19-0009c Hold a public hearing and consider adoption af an ordinance of the City of Dentan, Texas, changing the zoning district and use classification from Regional Center Residential 1(RCR-1) and Regional Center Commercial Downtown (RCC-D) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on appraximately 25.31 acres of land, generally located west of San Jacinto Boulevard and north of I-35E, in the City of Denton, Dentan County, Texas; amending the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for vialations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends appraval (7-0). (ZCI19-0009c, City Initiated Zoning Change, Ron Menguita) ASSIGNED O INANCE NO. ZCI19-0009c City of Denton City Cauncil Minutes July 23, 2019 Page 10 _ . � . • - _ � _ . � . - -� , a � r � ♦ � -� - � � .. � ••,- -� . � � r-, - � � � , • - , -. . . . • -• ., � - . • r � . � ` �_ ` ` r -M � •� � . . . . � ` - -r • ,� - • �-r � � � ' �' ,R � �� .: � . .. :� ♦ . � � ��. AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None �4BSENT (1}: Mayor Pro Tem Hudspeth I •1 . ��... -. •. � • �- .�1� � � . �� . .� . � � - t - . . ;, : - • : • , � . . • � 1' r � '- �- � �'` �� , '- �- . �' . � �r , � • . -. � • . -� - ' -+;� . ' � � a . • - . . � . .� �. 1' ' �- � 1� -'r• •�- • � �- ) � : 111''• � .r• • � . � , c �- - . � . - t � �- -• :.- , s -- . � - �� - ' � !- � �� r � - . . . , . � . � .r � � , + � . •. . _ . • � !� 1t! 11 '� t . • ~- ,.� • � � ;• - - .� . �' - .r +' . -' - - �. . . r . , � � � � ! � . ' l'' ' � . � f ! . � •'- � � . . -! � * . • - � * • •- - -' \ 1 1 � 1 \ : l \ 1 ' I'l � . � � . � . _ � _ - � - - - . � • r' • � '�' ' � '� -, • �r- -� . � � �'. . � • � , r - � '� _. � - - � -a -. � - • � �' ,, � . • r' �' -� 1 .�� • . � ^ ,� � '� - � �`�' r � ' �' �. � il _M '� AYES (6): Mayor Watts and Cauncil Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth •' 1! r. � • . � .. • . � � •- .��° � � . � � . - • . �, �• • - . , . , . •� � � . � - , ,; • � l• � ..,- r� ;�, , , . - � , -. . . � ! . ' • + . . ( - , . � ' 1 - ' � � - . ' . , _ � i' - �� r- • �' . - � ' ; 11'1�r � .r� � . - 1 � . �' �- � , -c � r � �- - � • :� : r �- • �- � . . ; � + �' . � * .• � r + � � , r- . ' . �' � ,� 11' 11 • � . • -� � � . � City of Denton City Cauncil Minutes July 23, 2019 Page 11 severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0026a, City Initiated Zoning Change, Ron Menguita} ASSIGNED O INANCE NO. ZCI19-0026a Items 4.D, E, and F were collectively presented, and no discussion followed. With the public hearings opened and no speakers caming forward, the public hearings were clased, with each item voted on individually. Cauncil Member Meltzer moved to approve the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth G. ZCI19-0027a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Neighborhood Residential2 (NR-2) to the Residential 1(R1) zoning district and use classification deiined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 147.49 acres of land, generally located west of Marshall Raad between US 3 80 and Hampton Road, in the City of Denton, Denton County, Texas; amending the City's official zaning map; providing for a penalty in the maximum amount of $2,OQ0.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commissian recamrnends approval (6-0). (ZCI19-0027a, City Initiated Zoning Change, Ran Menguita) ASSIGNED ORDINANCE NO. ZCI19-0027a The item was individually presented and discussion followed. With the public hearing opened, the following spoke on the item: Jim Poirot, 3801 Hampton - in support af the item Ann Smith, 2013 Andy Lane - in support of the item Sandy McDonald West, 2000 Marshall Lane - in support of the item With na other speakers coming forward, the public hearing was closed. Council Member Davis moved to approve the item as presented. Motion seconded by Council Member Arrnintor. Mation carried. AYES (6): Mayar Watts and Council Mernbers Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth City afDenton City Council Minutes July 23, 2019 F'a�e 12 H. ZCI19-002$a Hcald a public hearing anci cansider adoption of an a�°dinance of the City of Denton, Texas, changing the zoning district and use classificatian from Regional Center Commercial I'�eighbarhood (RCC-N) and �egional Center Commercial Downtown (RCC- D) to the Highway Corridar (HC) zoning district and use classificatian defined under the 2019 Dentan Development Code {Ordinance DCA18-0009q), on a�pz•a�imat�ly $7.b2 acres ofland, generally located west of I-35 between Loop 288 and US 3$0, in the City of Dentan, I7enton County, Texas; amending the City's of�icial zoning map; providing for a penalty in the maximum amaunt c�f $2,Q00.00 for violatians thereof; praviding for severability; and estabiishing an effective date. The Planzzin�; and Zanrng Commissian recammends approva� (i-0}. (ZCI19-Q02$a, City Initiated Zaning Change, Ron Menguita) ASSIGNED CI YNANCE NO. ZCIl9-002$a Items 4.H? I, J and K�vere collectively prese��ted and no discussian followed. With the public hearings opened aizd no speakers coming forward, the public hearings were closed, with each itern voted an individually. Cauncii Men�b�r �tyan moved ta approve the item as presented. Motion secanded by Cauncil Member Davis. Motion carried. AYES (6): Mayar Watts and Counc�l Mem�rers Briggs, Davis, Ryan, Armintor, and Meltzer NAYS {0): hlone ABSENT {1): Maya�� Pro Tem Hudspeth ZCI19-0029a [Iolci a public hearing and cansider adoption of an ardinance of the City �rf Dentan, Texas, changing the zoning distz�gci and use classificatian from Regianal Center Cammercial Neig�abarhood (RCC-N) and initzally zaning an un-zoned praperty to tkae General Ofiice (GO) zaning district and use classification defined under the 2019 Denion Development Code (Ordinance DCA�s-aoo��, on approximately 12Q.16 acres of land, generally located approxirnately 3,000 feet narth of US 38Q between the railraad tracks and I-35, in the City ofDelxton, Denton Co�,ant�y, Texas; amending the City's official zoning map; providing far a penalty 1n the maximuxn aznaunt of $2,000.00 for vialations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commissian recoanxnends approval (7-0). (ZCI19-0029a, City Initiated Zoning Change, Ran Menguita) ASSIGNED tJ ITYANCE NOe ZCI19-pp29a � � � - '� . � • �; t ► • -� - r' '� .. • ��- -� , N � - - � 4 • - � '� . . - � -� -, •-•� �r Cauncil Member Tiya1� rnaved to apprave the itern as presented. Matian seconded by Cauncil Member Davis. Motian carried. City of Denton City Cauncil Minutes July 23, 2019 Page 13 AYES (6): Mayor Watts and Council Mernbers Braggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (l): Mayor Pro Tem Hudspeth J. ZCI19-0031 a Hc�ld a public hearing and consider adoption af an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Neighborhood Residential 2(NR-2), Neighborhoad Residential Mixed LTse 12 {NRMU-l2), Regianal Center R�sidential 1(RCR.-1), and Re�ianal Center Commercial I7owntown (RCC-D) ta the General Ofiice (GO) zaning district and use classification defined ut�der the 2019 Dentan Developrnent Cade (C►rdinance DCA18-0009q), an approximateiy 54.54 acres af land, generally lacated west af I-35 between (.�anzer Road and Barthald Road, in the City of Denton, Dentan Caunty, Texas; amending the City's afficiai zoning map; providing far a penaity in the maximtun amaunt of $2,0t70A0 for vialatrons thereof; prc�viding %z• severability; and establishing an effective date. The Planning arld Zaning Comrnissian recommends approval (7-Qj, (ZCI19-0031 a, City Initiated Zaning Change, R.an Menguita) ASSIGNED OR�J►INAirTCE NO. ZCI19-0031a 4.H, I, J and K were collectively presented azad no discussion followed, With the public hearings apened and na speakers coming farward, the public hearin�s were closed, with each item voted on individually. Council Member Ftyan maved to approve the item as presented. Motion seconded by Council Member Armintor. Motion carried. AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Arnaintar, and Meltzer NAYS (0): Nane ABSENT (1): Mayor Pro Tem Hudspeth K. ZCI1 }-QQ32a Hald a pubiic hearing and cansider adopiion af an ordinance af the City af Denton, Texas, changing the zaning dxstrict and use classificatic�n from Neighborhood Residential Mixed Use (I`�RMU), Regional Center Residential 1(RCR-1), Regianal Cenier Commercial Neighborhaod (RCC-N), and Regional Center Cam�nercial ]7owntown (RCC- D) to the General Office (GO) zoning district az�d use classification defined under the 2019 Denton Development Cade (Ordinance I7CA18-q009q), on approxirnately 2$0.16 acres of land, generally lacated east of I-35 and north af Laop 288, in the City of Denton, Denton County, Texas; arnending the City's ofiicial zaning map; providin� for a penalty in the maximum amount af $2,OQO.aa �� violations thereaf; providing for severability, and establishing an effective date. The Planning a�d Zoning Cammission recommends apprava� (7-0). (ZCI19-0032a, City Initiated Zoning Change, Ron Menguita) ASSIGI"�ED► 012I�INANCE NO. ZCI19-0f132a City of Denton City Council Minutes July 23, 2019 Page 14 Items 4.H, I, J and K were collectively presented, and no discussion followed. With the public hearings opened and no speakers coming farward, the public hearings were closed, with each item voted on individually. � . �- ' , � -. � ..� � - - - . � . . -, � , . � �-+ . � •' !. � a -a AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pra Tem Hudspeth L. ZCI19-0033a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification fram Neighborhood Residential 3(NR-3} to the Suburban Corridor (SC) zoning district and use classiiication defined under the 2019 Denton Development Cade (Ordinance DCA18-0009q), on approximately 0.20 acres of land, generally located west of Primrase and approximately 120 feet south of US 380, in the City of Denton, Denton County, Texas; amending the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 far violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0033a, City Initiated Zoning Change, Ron Menguita) ASSIGNED ORDINANCE NO. �CI19-OQ33a Items 4.L and M were collectively presented and no discussion followed. Councrl Member Davis had a conflict of interest on the item and left the Cauncil Chambers. With the public hearing opened on the item and no speakers coming forward, the public hearing was closed. Council Member Ryan moved to approve the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (5): Mayor Watts and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSTAIN (1): Council Member Davis ABSENT (1): Mayor Pro Tem Hudspeth M. ZCI19-0034a Hold a public hearing and cansider adoption of an ordinance of the City of Denton, Texas, changing the zaning district and use classification fram Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zaning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18- City of Denton City Council Minutes July 23, 2019 Page 15 0009q), on approximately 3.26 acres of land, generally located south of US 380 between Bolivar Street and Locust Street, in the City of Denton, Denton County, Texas; amending the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 far violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Cammissian recommends approval (7-0). (ZCI19-0034a, City Initiated Zoning Change, Ron Menguita) ASSIGNED O INANCE NO. ZCI19-0034a Items 4.L and M were collectively presented and no discussion followed. With the public hearing opened on the item and no speakers coming forward, the public hearing was closed. Council Mernber Briggs moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (6}: Mayor VVatts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth N. ZCI19-0035a Hold a public hearing and consider adoption of an ordinance of the City af Denton, Texas, changing the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU) ta the Suburban Corridor (SC} zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18- 0009q), on approximately 10.00 acres of land, generally located west of Old North Road between US 380 and Mingo Road, in the City af Denton, Denton County, Texas; amending the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0}. (ZCI19-0035a, Clty IriltlateC� Zoning Change, Ron Menguita) ASSIGNED ORDINANCE NO. ZCI19-0035a Items 4.N, O and R were collectively presented and no discussion followed. With the public hearings opened and no speakers coming forward, the public hearings were closed, with each item voted on individually. Council Member Ryan moved to approve the item as presenied. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintar, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth City of I7enton City Cout�cil Minutes J�ily 23, 2019 Page 16 O. ZCI19-0036a Hc�ld a public hearing and cansider adaption af an ordinance of the City of Denton, Texas, changing the zoning distrrct and use classificatran fram Neighbarhaad Residential Mixed Use (IVRMU) to the Suburban Corridar (SC) zanxng district and use classification defined under the 2019 I7enton Development Code (Ordinance DCA18-� 0009q), on approximately 3.46 acres of land, generally locaied sauth of US 380 and west of Loop 28$, in the City of I7enton, Denton County, Texas; amending the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for vioiations thereof; praviding far severability; and establishing an effective date. The Pianning and Zoning Commission recommends approval (7-0). (ZCI19-Q036a, City Initiated Zoning Change, Ron Menguita} ASSIGNETI O INANCE NO. ZCI19-0036a Items 4.N, C7 and I�. were collectively presented, and no discussion followed. With the public hearings opened and no speakers cc�ming farwarci, the public hearings were closed, with each item voted on individually. Councii Member Ryan maved ta approve the item as presented. Motion secanded by Councii Member Davis. Motion carz•ied. AYES (6): Mayar Watts and Council Metnbers Briggs, Davis, R�an, Arrnintor, and Meltzer NAYS (0): None ABSENT (1): Mayor Pro Tem Hudspeth R. ZCI19-0039a Ho1d a public hearing and cc�nsider adoption af an ordxnance of the City af Dentan, Texas, chal�ging the zoning district and use classification fi�om Neighborhood Residential Mixed Use (NRMU} to the Suburban Corridor (SC) zc�ning district and use crassif�catian defined under the 2019 Dentan Development Cade (t7rdinance DGA 18- 0009q), on approximately 5.05 acres af land, generally located west of Loop 2$8 approximately 900 feet south of Audra La�xe, xn. the City of Dentan, I7enton County, Texasa amending the City's official zoning map; praviding for a penalty itx the rnaximum amaunt of $2,000,00 faz� vialations thereof; providing for severability; and establishing an effective date. The Plannin� and Zoning Cammisszan z�ecommends approval ('7-0). (ZCI19-0039a, City Initiated Zc�ning Change, Ran Menguita) ASSIGNED CMR.I�Il�tAlvCE NO. ZCI19-0039a Items 4.N, (� and R v�ere caliectiveiy presetated, and na discussion %llowed, With the public hearings apened and no speakers cozning farward, the public hearings were closed, with each itern voted on indivrdually. r . - ' +� -4 � . • � ' - - , � . . »• � t - � •'� �! R ` • f i AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, ArXnintor, and IVleltzer NAYS (0}: None ABSENT (1): Mayor Pro Tem Hudspet% City of Denton City Council Minutes July 23, 2019 Page 17 P. ZCI19-0037a Hold a public hearing and consider adoption of an ordinance af the City of Denton, Texas, changing the zoning district and use classification fram Neighborhaod Residential 3(NR-3) and Neighborhood T�esidential6 (NR-6) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Cade (Ordinance DCA18-0009q), on approximately 46.43 acres of land, generally lacated east of Locust Street between Loop 288 and Hercules Lane, in the City af Denton, Denton County, Texas; amending the City's ofiicial zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commissian recommends approval, with a condition (4-3). (ZCI19-0037a, City Initiated Zoning Change, Ran Menguita) ASSIGNED O INANCE NO. ZCI19-0037a The presentation was made and discussion followed. With the public hearing opened, the following spoke on the item: � Dalton Allen, 150 Hobson Lane - in support af the item • Vince Haisler, 4946 N. Locust Street - in support of the item • Phillip Paulino, 14 Meadow Lane - in opposition to the item • Jaqueline Banfield, 305 Meadow Lane - in apposition to the item The following requested to have their name read inta the record as noted: • Melvin Haisler, 4500 Locust Street - in support of the item • Maxy McCutchean, 1217 Greenbriar - in support of the item • Shirley Haisler, 1200 Cowling Road, Sanger, TX -�n support of the item +� J.B. Haisler Jr., 1200 Cowling Road, Sanger, TX - in support of the item At City Attorney Leal's inquiry on the effect of those speakers in opposition to the item, staff clarified the opposition was still not at 20%. Additional discussion followed. Council Member Armintar moved to deny the item. Motion secanded by CM Briggs. Motion failed. AYES (2): Council Members Briggs and Armintor NAYS (4): Mayor Watts and Council Members I7avis, Ryan, and Meltzer ABSENT (1): Mayor Pro Tem Hudspeth Council Member Davis moved to approve the item as presented. Mation seconded by Council Member Ryan. Motion carried. City of Denton City Council Minutes July 23, 2019 Page 18 . �, � �' � �' �. ' . � ` ! " �" i . 1 • l � R y � � � l - -- ,' r ,, - ' '-� •' . �; � ',', . i i � . � . -f s i ! Q. ZCI19-003$a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Neighborhood Residential Mixed Use (N U} to the Suburban Corridor (SC) zoning district and use classificaiian defined under the 2019 Denton Development Code (Ordinance DCA18- 0009q), on approximately 9.67 acres of land, generally located south of Kings Raw and on bath sides af Loop 288, in the City of Denton, Denton County, Texas; amending the City's official zoning map; praviding for a penalty in the maximurn amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends denial (7-0). A SUPER MAJORITY VOTE IS REQUIRED TO APPROVE THIS ITEM. (ZCI19-003$a, City Initiated Zoning Change, Ron Menguita} The presentation was made and no discussion followed. The public hearing was opened; and with no speakers coming forward, the public hearing was closed. Council Member Meltzer moved ta deny the item. Motion seconded by Council Mernber Armintor. Mation carried. AYES (5): Mayor Watts and Council Members Davis, Ryan, Arrnintor, and Meltzer NAYS (1): Council Member Briggs ABSENT (1}: Mayor Pro Tem Hudspeth S. ZCI19-0040a Hold a public hearing and consider adaption of an ordinance of the City of Denton, Texas, changing the zoning district and use classificatian from Emplayment Center Industrial (EC-I} to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 91.33 acres of land, generally located on both sides of Russell Newrnan Boulevard between Loop 2$8 and Mayhill Road, in the City of Denton, Denton County, Texas; amending the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severabilitya and establishing an effective date. The Planning and Zaning Commission recommends approval (7-0}. (ZCI19-0040a, City Initiated Zoning Change, Ron Menguita) The presentation was made and discussion followed. City of Denton City Council Minutes July 23, 2019 Page 19 With the public hearing opened, the following spoke on the item: Brandon Martino, 5255 Loop 2$8 - in opposition to the item Mathew Brown, 3 815 Market Street - in opposition to the item City Attarney Leal announced the item required a super majority vote. Staff requested the item be postponed indefinitely rather than a denial in order that the remaining property owners not in opposition nat be affected by the deniai. Property owners would not be precluded from asking for a zoning change if the item was denied, but it would preclude the City from doing another city-initiated zaning change. Council Member Ryan moved to deny the item. Motion seconded by Cauncil Member Briggs. Motion carried. AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0}: None ABSENT (1): Mayor Pro Tem Hudspeth T. ZCI19-0041 a Hold a public hearing and consider adoptian of an ordinance of the City of Dentan, Texas, changing the zoning district and use classification from Employment Center Industrial (EC-I} to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q}, on approximately 19.22 acres of land, generally located north of McKinney Street on both sides Mayhill Road, in the City of Denton, Denton County, Texas; amending the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0}. (ZCI19-0041 a, City Initiated Zoning Change, Ron Menguita) ASSIGNED O INANCE NO. ZCI19-0041a Items 4.T, U, and V were collectively presented and no discussion followed. With the public hearings opened and no speakers coming forward, the public hearings were closed, with each item voted on individually. Council Member Ryan moved to approve the item as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0}: None ABSENT (1): Mayor Pro Tem Hudspeth City of Dentan City Council Minutes July 23, 2019 Page 20 U. ZCI19-0042a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Employment Center Industrial (EC-I) ta the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-OQ09q), an approximately 50.12 acres of land, generally located on both sides of Morse Street between Loop 288 and Mayhill Road, in the City of Denton, Denton County, Texas; amending the City's official zoning map; providing for a penalty in the maxirnum amount of $2,OOO.QO for violations thereof; providing for severability; and establishing an effective date. The Planning and Zaning Commission recommends approval (7-0). (ZCI19-0042a, City Initiated Zoning Change, Ron Menguita) ASSIGNED O INANCE NO. ZCI19-0042a Items 4.T, U, and V were collectively presented, and na discussian followed. With the public hearings opened and no speakers coming forward, the public hearings were closed, with each item voted on individually. • �-' ' • -� � .�• • - . • - -� • � . � •-• r' � �- ` � • � ,� -� AYES (6}: Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAI'S (0): None ABSENT (1): Mayor Pro Tem Hudspeth V. ZCI19-0043a Hald a public hearing and consider adoption of an ordinance of the City af Denton, Texas, changing the zoning district and use classification from Employment Center Industrial (EC-I) to the General Office (GO) zoning district and use classification defined under the 2019 Dentan Development Code (Ordinance DCA18-0009q), on approximately 15.97 acres of land, generally located west of Mayhill Road between Karina Street and Spencer Road, in the City of Denton, Denton County, Texas; amending the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for v�olations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0043a, City Initiated Zoning Change, Ran Menguita) ASSIGNED O INANCE N. ZCI19-0043a Items 4.T, U, and V were callectively presented, and no discussion followed. With the public hearings opened and no speakers coming forward, the public hearings were closed, with each item voted on individually. � ` �' ' . � '� • ,�� • . _ _ , � - - -• �' ♦ - � �'r r • �- !, • ;� -� AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Nlayor Pro Tem Hudspeth City of Denton City Council Minutes July 23, 2019 Page 21 � .. � , . � - -. - , - - # • . . • - . , • � � � -. • - - , . • . _ , • r • �- - ,� _ • , • w � - -. - • � , • . r. � . �, . _ � � � - With no further ��:�s, the �� t:�z�� was adjourned at 9:04 p.m. �,.� m`° �� ' � ._...._ _...____...........__._.. ..��.a�.... � CHRIS WATTS . �• • � • � � �� .�5 ��'�.�� ,�,.� �.�y��A�" _ ....__. � ---------_� �� A RIOS - � j• . • * I � ,• � MIl'�UTES APPR.OVEI� (�N: � � � � '� rn:�'�; �. � �4� � �� " ° �" ° .�" , ° � �° �� , � �" ,�'�.� ..„� .. � _ � ._�� ..�....._._ _ _ _ __ �. � �. ,�� .