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Minutes May 22, 2001CITY OF DENTON CITY COUNCIL MINUTES May 22, 2001 169 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, May 22, 2001 at 5:15 p. m. in the City of Denton Council Work Session Room. PRESENT: Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips, and Redmon. ABSENT: Mayor Brock 1. The Council considered the following in Closed Meeting: Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. The Council received legal advice from the City Attorney regarding the awards of special commissioners and procedural options in condemnation proceedings styled The State of Texas and City of Denton, Texas vs. R.D. Martin, Cause No. ED-2000-01212 and The State of Texas and City of Denton, Texas vs. Tex Morgan Martin, Cause No. ED-2000~01211 pending in the Probate Court of Denton County, Texas. Special Called Session of the City of Denton City Council on Tuesday, May 22, 2001 at 6:00 p.m. in the Council Chambers at City Hall. 1. The Council held the first of two public hearings to consider the involuntary annexation and service plan for approximately 2,226 acres of land generally located south of FM 2449, west of 1-35 West, north of Robson Ranch Road and partially west of the Robson Ranch Development and John Paine Road in the extraterritorial jurisdiction (ETJ) of the City of Denton. (A-Ol-O005, Hunter Ranch Annexation) Dave Hill, Assistant City Manager for Development Services, stated that the staff had received one response regarding the public hearing. This was the first public hearing regarding this annexation. The schedule for annexation was included in the back-up materials. The Council would have to decide whether to include two other parcels in the annexation that would make the annexation line continuous and complete. The Mayor Pro Tem opened the public heating. Ike Shupe, 1717 Main Street, Suite 2800, Dallas, 75201, spoke in opposition to the annexation. He requested a delay in the annexation for 90-100 days in order to drill a preliminary well to determine if gas was in the area. If them were no gas, the annexation would not be necessary. If them were gas in the area, he would proceed with the annexation. R. C. and Gelia Coleman presented a speaker card with their concerns. Council Member Burroughs asked if Mr. Shupe would be willing to formalize an agreement supporting what he was requesting at this meeting. 17 City of Denton City Council Minutes May 22, 2001 Page 2 Shupe replied correct. Hill stated that staff and the developer could meet to work on a time schedule for annexation that would incorporate the suggestion by Mr. Shupe. Consensus of Council was to proceed with an extended schedule for annexation with staff and the developer working on the details of the schedule. 2. The Council considered appointments to City Council Committees. Phillips motioned, Redmon seconded to suspend the rules to consider expanding the Agenda Committee membership to allow for an additional city council member. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carded unanimously. McNeill motioned, Phillips seconded to appoint Council Members Burroughs and Redmon to the Agenda Committee along with the Mayor and City Manager. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carried unanimously. Following discussion, the Council made appointments to the Council Committees as noted in Attachment A. Following the completion of the Special Called Session, the City Council convened into a Work Session in the Work Session Room to consider the following: 1. The Council received a report, held a discussion, and gave staff direction regarding an ordinance amending Chapter 24, entitled "Solid Waste", of the Code of Ordinances of the City of Denton, Texas, by amending Section 24-2 entitled "Definitions"; amending Section 24-42 entitled "Charges for Residential Service"; adding Section 24-43 entitled "Automated Collection"; providing a penalty in the amount of $2,000 for violations thereof; providing for a savings clause, providing for a severability clause; and providing an effective date. Howard Martin, Assistant City Manager of Utilities, stated that the Public Utilities Board had approved the proposed ordinance and the Council had reviewed it and recommended changes. On May 7, the PUB reviewed and approved the revised ordinance. He stated that staff wanted direction from the Council whether to proceed with the proposed ordinance. The proposed ordinance included the following changes: the automated container would be assigned to the street address; the containers would be the property of the City and maintained by the customer without damage; all waste must be bagged prior to placement in the container; the earliest placement at the curb would be 6:00 p.m. prior to the date of service with removal from curb by 8:00 a.m. following the day of collection; stolen containers were to be reported to both the Police Department and Solid Waste; container lids w~r~ to be kept closed at all times and no items were to be placed on top of containers; additional containers were available for heavier waste volume customers; only City of Denton authorized containers would be serviced; and there would be no pick up of additional waste outside the container. The proposed ordinance also established delivery fees for the delivery of replacement containers and solid waste residential service may be discontinued if the customer elected to not pay his bill. City of Denton City Council Minutes May 22, 2001 Page 3 17 '1 The Council recommended proceeding with the proposed ordinance. 2. The Council received a report, held a discussion, and gave staff direction regarding preliminary findings of the community recycling survey conducted for the City by the Survey Research Center at the University of North Texas. Howard Martin, Assistant City Manager of Utilities, reviewed the results of the survey. He stated that the Public Utilities Board felt the survey was too narrow in scope and did not adequately cover the opinions of Denton's population. Council Member Redmon asked about recycling appliances and perhaps placing a local businessman on the committee. Martin stated that the City had a contract with a vendor who recycled appliances. Council Member McNeill wanted to know what was the Public Utilities Board's opinion on curbside recycling. Martin stated that the Public Utilities Board felt that it might be cost prohibitive for the City at this time. Council Member Fulton asked how much it cost the City to recycle. Martin stated that the City recycled about 3500 tons per year at a cost of $138 per ton. Council Member Fulton stated that the City needed to decide if it wanted to be a City that recycled or not. General consensus of the Council was to keep the recycling bid on the agenda for June 5 but also check on an extension on the curbside recycling bid and receive more information about the cost impact to the City. Council Member Redmon asked about the possibility of doing a different survey with more realistic figures regarding the cost to the City. 3. The Council received a report, held a discussion and gave staff direction regarding a proposed timeline for Board/Commission appointments. Betty Williams, Director of Management and Public Information, briefed the Council on the timeline. Mayor Pro Tern Beasley suggested including information on the Boards and Commissions as an insert in the utility bills next year. Consensus of the council was to proceed with the timeline as proposed. 172 City of Denton City Council Minutes May 22, 2001 Page 4 4. The Council received a report, held a discussion, and gave staff direction regarding options to initiate a zoning case to either amend the existing Specific Use Permit (Ordinance No. 83-54) or issue a new Specific Use Permit for a mobile home park known as Center Point Mobile Home Community located on Fort Worth Drive south of 1-35. Dave Hill, Assistant City Manager of Development Services, asked the Council for direction on this item. The current Specific Use Permit was for the addition to the mobile home park. Ed Snyder, Deputy City Attomey, stated that the ordinance could not just be amended. A new zoning case would have to be initiated. Hill stated if the Council wanted to recognize the entire piece of property under the SLIP, it would be better for the property owner to have the City initiate the zoning process. Consensus of the Council was to talk with Mr. Cassar to determine how he would like to proceed before the City initiated the zoning process. If the City initiated the zoning process, all fees would be waived. 5. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Phillips asked for a special called meeting to appoint new board appointees and a closed meeting to discuss the sale of electric generation. Council Member Redmon asked if the closed meeting could include the consultant. Council Member McNeill asked for a recommendation from the PUB if available. 6. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 7. 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 8:57 p.m. iNNIFE~ WALTERS TY SECRETARY CITY OF DENTON, TEXAS RONI BEASLEY, MAYOR J~O TEM CITY OF DENTON, TEXAg 173 CITY COIINCII~ COMMITTEES 2001-02 AGENDA COMMITTEE Mayor Brock City Manager Conduff Council Member Burroughs Council Member Redmon AUDIT COMMITTEE Mayor Brock Council Member Phillips INVESTMENT POI ,ICY COMMITTEE Mayor Brock Mayor Pro Tem Beasley [,Al ,OR FI]ND COMMITTEE Mayor Brock Council Member McNeill Council Member Redmon COMMIINITV .HISTICE COUNCIl, Council Member Redmon I,AKE RAV ROIIERTS P & Z Mayor Pro Tem Beasley CONVENTION & VISITORS BUREAU Mayor Pro Tem Beasley Council Member Fulton JOINT TAX ABATEMENT COMMITTEE Council Member Phillips Council Member McNeill ENVIRONMENTAl, COMMITTEE Council Member Fulton Council Member McNeill Council Member Phillips Mayor Brock DAI,I,AS REGIONAl, MOBIl,lTV COALITION Council Member Burroughs REGIONAl, TRANSPORTATION COUNCIl, Council Member Burroughs COUNCIl. MORII JTV COMMITTEE Council Member Burroughs Mayor Pro Tern Beasley Council Member McNeill