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Minutes October 02, 2001 CITY OF DENTON CITY COUNCIL MINUTES October 2, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, October 2, 2001 at 5:15 p.m. in the City of Denton Council Work Session Room, Denton City Hall. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton, McNeill, Phillips and Redmon. ABSENT: None 1. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters – Under TEXAS GOVERNMENT CODE Section 551.086.** (1) Received competitive electric and commercial information from one of the City’s Texas Municipal Power Agency (“TMPA”) Board Members and/or City Staff pertaining to matters regarding the TMPA Annual Meeting, and including present and future maintenance issues, financial issues, operational issues, legal issues, compliance issues, and other related issues and strategies concerning the City’s interest in, and its business relationship with TMPA; discuss, deliberate, consider, and provide such TMPA Board Member and/or Staff with direction regarding same. B. Deliberations regarding real property – Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section 551.071. (1) Deliberated the purchase and value of real property interests for street purposes in the Mary Austin Survey, Abstract No. 4 and being an approximate 0.777 acre tract in Denton County, Texas, located about 200 feet north of Pecan Creek, along the west side of State Highway Loop 288; which acquisition is for a public purpose. Receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and/or condemnation of such real property interests. (Duchess Drive). C. Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section 551.071. (1) Discussed and considered strategy, status, and possible settlement of litigation with the City’s attorneys in litigation styled City of Denton, et al v. TXU Electric Company, et al, Cause No. 009383 currently pending in th the 134 District Court of Dallas County, Texas, and discuss legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton City Council Minutes October 2, 2001 Page 2 (2) Considered and discussed status and possible settlement authority of litigation styled Truman and Carole Harp v. City of Denton, Cause No. rd 98-30822-211, currently pending in the 393 District Court of Denton County, Texas. Regular Meeting of the City of Denton City Council on Tuesday, October 2, 2001 at 6:00 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. PROCLAMATIONS/PRESENTATIONS 2. Mayor Brock presented the following proclamations: A. Breast Cancer Awareness Month B. Texas Task Force 1-Urban Search and Rescue Appreciation Day 3. The City was presented a Library TIF Grant. 4. City Manager Conduff presented recognition of staff accomplishments. CITIZEN REPORTS 5. Peternia Washington regarding Southeast Denton Small Area Plan. Ms. Washington stated that the Southeast Denton Small Area Plan was a good plan and although the meetings were not attended by everyone in southeast Denton, there was a good representation of the neighborhood. 6. This request had been withdrawn. 7. Carolyn Phillips regarding forgery vs. Wilson St. zoning case. Ms. Phillips stated that there was no intent to misinform anyone when representing the opposition to the recent Wilson Street zoning case. She asked the Council to study the intent of the Denton Housing Authority zoning case that would be coming before Council in the near future. 8. Ross Melton regarding lack of response from the City and the trash and debris ordinance. Mr. Melton felt that he had not received a response from the City regarding his problems with Code Enforcement and was still having a problem with the trash and debris ordinance. City of Denton City Council Minutes October 2, 2001 Page 3 NOISE EXCEPTIONS 9. The Council considered a request for an exception to the noise ordinance for the purpose of Fuego y Alma: The International Latino Music and Arts Festival of North Texas scheduled for October 13, 2001 during the hours of 11 a.m. to 12 midnight at the Civic Center Park. Specifically, the request was for an exception to the hours of operation and an exception to the sound level requirements from 65 dba to 70 dba of the noise ordinance. Beasley motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. 10. The Council considered a request for an exception to the noise ordinance for the purpose of Bryan Fair: a celebration of live music, outdoor art display, and video screening scheduled for October 26 and 27 from 3 p.m. to 11 p.m. to be held in the courtyard of 410 Bryan Street. Bryan Fair was requesting an exception to the hours of operation and an exception to the sound level requirements from 65 dba to 70 dba of the noise ordinance. Mayor motioned, Fulton seconded to approve the exception but to keep the sound level at 65 db. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. CONSENT AGENDA Council Member Phillips requested that Item #29 be pulled for separate consideration. Mayor Pro Tem Beasley requested that Items #17 and #42 be pulled for separate consideration. Mayor Brock indicated that Item #36 would not be considered. Mayor Brock noted that she would be voting on all of the remaining Consent Agenda items except for the TXU Item #37. Burroughs motioned, Beasley seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of the above noted pulled items. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously with Mayor Brock not voting on Item #37 due to a conflict of interest. 11. Approved the minutes of August 28, September 4, September 11, September 17, and September 18, 2001. 12. NO. 2001-369 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON BOTH SIDES OF IOOF STREET FROM ITS INTERSECTION WITH HIGHLAND STREET NORTH FOR 673 FEET; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING City of Denton City Council Minutes October 2, 2001 Page 4 FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. 13. NO. 2001-370 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A GRANT WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO PROVIDE LIBRARY SERVICES TO PRESCHOOL CHILDREN IN DAYCARE CENTERS; RATIFYING THE ACTIONS OF THE CITY MANAGER, DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THE GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. 14. NO. R2001-053 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT PROJECTS APPROVED IN THE 2001- 2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. (PROJECTS - $450,000.00 FOR AIRPORT IMPROVEMENTS AND $200,000.00 FOR PURCHASE OF YMCA LAND AND BUILDING). 15. NO. R2001-054 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS SO THAT A PROJECT APPROVED IN THE 2001- 2002 CAPITAL IMPROVEMENT BUDGET MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. (PROJECT - $4,000,000.00 FOR AQUATIC CENTER). 16. NO. 2001-371 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A WHOLESALE WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE LAKE CITIES MUNICIPAL UTILITY AUTHORITY (“LCMUA”) WHEREIN DENTON AGREES TO PROVIDE WHOLESALE WASTEWATER TREATMENT SERVICES TO LCMUA; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 18. NO. 2001-372 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE LEASE OF AGRICULTURAL LAND AT THE City of Denton City Council Minutes October 2, 2001 Page 5 MUNICIPAL AIRPORT AND PROVIDING FOR AN EFFECTIVE DATE (BID 2713 – LEASE OF AGRICULTURAL LAND AT MUNICIPAL AIRPORT). 19. NO. 2001-373 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF ROOF COATING AT FIRE STATIONS NO. 5 AND NO. 6, DENTON, TX; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2714 – ROOF COATING AT FIRE STATIONS NO. 5 AND NO. 6, AWARDED TO MOISTURE SHIELD, INC., DALLAS, TX IN THE AMOUNT OF $39,330.00). 20. NO. 2001-374 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE CARPENTER ROAD SANITARY SEWER, DENTON, TX; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2731 – CARPENTER ROAD SANITARY SEWER, AWARDED TO DICKERSON CONST. CO., INC, CELINA, TX, IN THE AMOUNT OF $162,363.75). 21. NO. 2001-375 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HUITT-ZOLLARS, INC. FOR THE DESIGN OF SOLID WASTE FACILITIES AS SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (PSA 2685 – PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF SOLID WASTE FACILITIES AWARDED TO HUITT-ZOLLARS, INC., FOR A TOTAL AMOUNT OF $198,000). 22. NO. 2001-376 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 10, ARTICLE II “PURCHASING” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE THAT THE CITY OF DENTON MAY UTILIZE ANY PURCHASING AND PROCUREMENT METHOD AUTHORIZED BY LAW; ALLOWING ALTERNATIVE PROCUREMENT METHODS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (FILE 2740 – PURCHASING ORDINANCE AMENDMENT) 23. NO. 2001-377 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE ANNUAL SUPPLY OF FRONT LOAD REFUSE CONTAINERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; City of Denton City Council Minutes October 2, 2001 Page 6 AND PROVIDING AN EFFECTIVE DATE (BID 2732 – FRONT LOAD REFUSE CONTAINER AWARDED TO ROLL OFFS OF AMERICAN/USA IN THE ANNUAL ESTIMATED AMOUNT OF $85,000). 24. NO. 2001-378 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE CITY’S PARTICIPATION IN THE OVERSIZING OF SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 25. NO. 2001-379 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC. FOR ADDITIONAL ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF AND PREPARATION OF ENGINEERING PLANS AND SPECIFICATIONS FOR; TOGETHER WITH OTHER PROFESSIONAL ENGINEERING SERVICES INCIDENT TO ADDITIONAL IMPROVEMENTS THAT ARE NECESSARY TO GAIN OPERATIONAL EFFICIENCY AND TO ADD HYDRAULIC CAPACITY, INCIDENT TO THE CONSTRUCTION, EXPANSION, AND COMPLETION OF THE PECAN CREEK WATER RECLAMATION PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 26. NO. 2001-380 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC. FOR ADDITIONAL ENGINEERING SERVICES PERTAINING TO THE RESIDENT PROJECT REPRESENTATION SERVICES FOR THE CONSTRUCTION PERIOD; SPECIALTY INSPECTION SERVICES FOR THE ELECTRICAL, INSTRUMENTATION, AND HVAC EQUIPMENT FOR THE CONSTRUCTION PERIOD; PRODUCTION OF A COMPREHENSIVE OPERATION AND MAINTENANCE MANUAL FOR PLANT OPERATION; INCIDENT TO THE CONSTRUCTION, EXPANSION, AND COMPLETION OF THE PECAN CREEK WATER RECLAMATION PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 27. NO. 2001-381 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO THE PUBLIC WORKS CONTRACT PROVIDING FOR CONSTRUCTION OF City of Denton City Council Minutes October 2, 2001 Page 7 THE GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN BETWEEN THE CITY OF DENTON, TEXAS AND S. J. LOUIS CONSTRUCTION OF TEXAS, LTD., L.L.P.; PROVIDING FOR AN EXPANSION OF SERVICES, AND AN INCREASE IN THE SCOPE OF WORK, MATERIALS, LABOR AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE (BID NO. 2571 TO S. J. LOUIS CONSTRUCTION OF TEXAS, LTD., L.L.P. IN THE AMOUNT OF $2,302,537.22 PLUS CHANGE ORDER NO. 1 IN THE AMOUNT OF $171,516.75). 28. NO. 2001-382 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES PERTAINING TO THE BASIC SERVICES-FINAL DESIGN; AND CONSTRUCTION PHASE SERVICES-GENERAL REPRESENTATION, AND THE PERFORMANCE OF OTHER RELATED CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 30. NO. 2001-383 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF AVENUE E AND A PORTION OF AVENUE D TO NORTH TEXAS BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. 31. This item was not considered. 32. This item was not considered. 33. NO. 2001-384 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF FIELD TRAINING OFFICER (FTO) IN THE FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. 34. NO. 2001-385 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF HAZARDOUS MATERIAL RESPONSE TEAM MEMBER IN THE FIRE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 2, 2001 Page 8 35. NO. 2001-386 AN ORDINANCE ON SECOND READING TO ANNEX APPROXIMATELY 73.2 ACRES OF LAND LOCATED NORTH OF LOOP 288, EAST OF STUART ROAD AND WEST OF SHERMAN DRIVE IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS, TO APPROVE A SERVICE PLAN FOR THE ANNEXED PROPERTY, TO PROVIDE A SEVERABILITY CLAUSE AND TO PROVIDE FOR AN EFFECTIVE DATE. (A-01-0001) 36. This item was not considered. 37. Approved the second reading granting to TXU Electric Company doing business as TXU Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; regulating the construction work done by the grantee in the city; prescribing the duties, responsibilities, and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise; providing for a severability provision; providing for acceptance of the franchise by grantee; providing for retroactive effect; and providing an effective date. 38. NO. R2001-056 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION ALLOWING THE USE OF LOGO READER BOARDS IN URBAN AREAS WITH A POPULATION OF 50,000 OR MORE; AND PROVIDING FOR AN EFFECTIVE DATE. 39. NO. R2001-057 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION INCREASING THE HOTEL/MOTEL SALES TAX TO 9% FOR CITIES OVER 75,000 TO PROVIDE FOR CONVENTION CENTER FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. 40. NO. R2001-058 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO OPPOSE LEGISLATION ALLOWING THE CREATION OF SPECIAL DISTRICTS WITHIN A CITY’S EXTRATERRITORIAL JURISDICTION AND TO SUPPORT LEGISLATION REQUIRING SPECIAL DISTRICTS, INCLUDING WATER DISTRICTS, TO PROVIDE NOTICE AND RECEIVE PERMISSION FROM A CITY BEFORE FORMING WITHIN A CITY’S EXTRATERRITORIAL JURISDICTION; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 2, 2001 Page 9 41. NO. R2001-059 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION REQUIRING FACILITIES CONSTRUCTED OR ACQUIRED BY A HIGHER EDUCATION AUTHORITY OR NONPROFIT CORPORATIONS ACTING ON THEIR BEHALF TO BE LOCATED WITHIN THE BOUNDARIES OR EXTRATERRITORIAL JURISDICTION OF A CITY THAT CREATED THE AUTHORITY. Item #17 was considered. Mayor Pro Tem Beasley nominated Rick Woolfolk. Council Member Burroughs nominated Charles Stafford. The following resolution was considered: NO. R2001-055 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, McNeill seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. Item #29 was considered Council Member Phillips felt that this position was not necessary and that the city would be giving up a man-year of work for this employee from the Texas Forest Service. He indicated that this was not the time to be adding employees to the budget. Phillips motioned, Redmon seconded to postpone consideration of the item in order to review it at a work session. Council Member Burroughs felt that this item was not a policy issue but rather a management issue. City Manager Conduff stated that the focus of the Council was on policy issues and that this item was a mechanism to accomplish a goal. He felt it was a management issue and not a policy issue. He requested that the Council not postpone the item but rather vote to approve or not approve the item. It was not necessary to have a work session on the item. Council Member McNeill stated that the policy question was related to accepting grants and the general philosophy of accepting grants that lead to full time employees. Phillips and Redmon withdrew the motion and second to postpone. City of Denton City Council Minutes October 2, 2001 Page 10 Phillips motioned, Redmon seconded to deny adoption of the ordinance. On roll vote, Beasley “nay”, Burroughs “nay”, Fulton “aye”, McNeill “nay”, Phillips “aye”, Redmon “aye”, and Mayor Brock “nay”. Motion failed with a 3-4 vote. Council Member McNeill indicated that he had cast his vote incorrectly. On revote of the motion to deny, Beasley “nay”, Burroughs “nay”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “nay”. Motion carried with a 4-3 vote. Item #42 was considered. Council Member Burroughs reviewed the provisions of the legislation. Beasley motioned, Phillips seconded to deny adoption of the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “nay”. Motion carried with a 6-1 vote. PUBLIC HEARINGS 43. The Council held a public hearing inviting citizens to comment on the proposed usage of the 2001 Local Law Enforcement Block Grant funding. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required by Council on this item at this time. 44. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 2.67 acres of land generally located north of Crawford Road, east of Interstate Highway 35W and west of John Paine Road, in the City of Denton Extraterritorial Jurisdiction. (A01-0006) Doug Powell, Director of Planning and Development, presented the details of the case as noted in the agenda materials. The Mayor opened the public hearing. No one spoke during the public hearing. The public hearing was closed. No action was required by Council on this item at this time. City of Denton City Council Minutes October 2, 2001 Page 11 45. The Council held the first of two public hearings to consider the involuntary annexation and service plan for approximately 300 acres of land generally located north of Lively Road, south of FM 2449 and west of C. Wolfe Road in the City of Denton Extraterritorial Jurisdiction. (A01-0007) Doug Powell, Director of Planning and Development, presented the details of the case as noted in the agenda materials. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required by Council on this item at this time. 46. The Council held the first of two public hearings to consider the involuntary annexation and service plan for approximately 882 acres of land generally located south of Jim Christal Road and west of C. Wolfe Road in the City of Denton Extraterritorial Jurisdiction. (A01-0008) Doug Powell, Director of Planning and Development, presented the details of the case as noted in the agenda materials. The Mayor opened the public hearing. The following individual spoke during the public hearing: Bill Dahlstrom, 1445 Ross Avenue, Suite 3200, Dallas, 75202 - opposed The Mayor closed the public hearing. No action was required by the Council on this item at this time. 47. The Council held the first of two public hearings to consider the involuntary annexation and service plan for approximately 104 acres generally north of Jim Christal Road, south of University and west of Masch Branch Road in the City of Denton Extraterritorial Jurisdiction. (A01-0009) Doug Powell, Director of Planning and Development, presented the details of the case as noted in the agenda materials. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Beth Manning, 3104 Deerfield, Denton, 76209– opposed Ken Bonson, - if annex, keep word on giving services Linda Cole, 6376 Jim Christal, Denton, 76207 - opposed City of Denton City Council Minutes October 2, 2001 Page 12 Larry Manning, 3104 Deerfield, Denton, 76208 – opposed Rusty Reed, no address given - opposed Mark Cole, 6376 Jim Christal, Denton, 76208, presented a speaker card in opposition. The Mayor closed the public hearing. No action was required by the Council on this item at this time. 48. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit (SUP) for a telecommunication tower approximately 104 foot high on 0.34 acres located at 1217 W. Oak and zoned General Retail (GR). The Planning and Zoning Commission recommended approval 7-0. (Z01-0015) Doug Powell, Director of Planning and Development, presented the details on the case as noted in the agenda materials. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Hart Mason, 1341 W. Mockingbird, Suite 600E, Dallas, 75247 - favor Michael Crain, 1341 W. Mockingbird, Suite 600E, Dallas, 75247 – favor Mike Esfandi, 1314 W. Mockingbird, Dallas, 75247 – favor Curtis Loveless, 218 N. Elm, Denton, 76201 – favor The following Comment Cards were presented: William Vaughn, 1341 W. Mockingbird, Dallas, 75427 - favor Dwayne Baker, 2409 Summit Court, Denton, 76201 - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-387 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON 0.34 ACRES OF LAND LOCATED AT 1217 WEST OAK, WITHIN A GENERAL RETAIL (GR) 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. (Z01-0015) Burroughs motioned, McNeill seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. City of Denton City Council Minutes October 2, 2001 Page 13 ITEMS FOR INDIVIDUAL CONSIDERATION 49. A. The Council considered approval of a resolution of the City of Denton, Texas, supporting Proposition #15 on the November 6, 2001 Constitutional Amendment Election, creating the Texas Mobility Fund, and authorizing grants, loans of money, and issuance of obligations for financing of mobility projects throughout the State of Texas. Council Member Burroughs presented an update on the constitutional amendments that would be th on the November 6 election relative to the issuance of mobility funding. The following resolution was considered: NO. R2001-060 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING PROPOSITION #15 ON THE NOVEMBER 6, 2001 CONSTITUTIONAL AMENDMENT ELECTION, CREATING THE TEXAS MOBILITY FUND, AND AUTHORIZING GRANT, LOANS OF MONEY, AND ISSUANCE OF OBLIGATIONS FOR FINANCING OF MOBILITY PROJECTS THROUGHOUT THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. B. The Council received a briefing from Council Member Burroughs regarding recent activities of the Dallas Regional Mobility Coalition and the NCTCOG Regional Transportation Council. Council Member Burroughs reviewed his duties on the Dallas Regional Mobility Coalition and the NCTCOG Regional Transportation Council as noted in the agenda materials. 50. The Council considered nominations and appointments to the City’s Boards and Commissions. Council Member Redmon nominated Cassandra Berry to the Parks, Recreation and Beautification Board. Phillips motioned, Burroughs seconded to suspend the rules and approve the nomination at this meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Fulton “aye”, McNeill “aye”, Phillips “aye”, Redmon “aye”, and Mayor Brock “aye”. Motion carried unanimously. 51. New Business The following items of New Business were suggested by Council for future agendas or for information from the City Manager: City of Denton City Council Minutes October 2, 2001 Page 14 A. Council Member Redmon requested information on the use of HUBs for RFP contracts. B. Council Member McNeill asked about the schedule for the development code. C. Council Member Redmon asked for an update on the status of the billboards on Loop 288. D. Council Member Phillips requested an update on the time frame for the recycling bids. 52. Items from the City Manager City Manager Conduff did not have any items for Council. 53. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 54. 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 9:00 p.m. __________________________ EULINE BROCK, MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS