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Minutes November 2, 2004CITY OF DENTON CITY COUNCIL MINUTES November 2, 2004 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 2, 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 recommendations from the Citizens Capital Improvement Advisory Committee for the 2005- 2009 Capital Improvement Program. Mark Burroughs, Chair-CIP Committee, and Randy Robinson, Co-Chair-CIP Committee, presented a handout representing the committee's recommendations. The committee was recommending three main categories of improvements; transportation, parks and recreation, and community development, ideally spread over five years. In order to provide flexibility for timing and to maximize leverage of local dollars, the top priorities in each category were listed and the committee encouraged the Council to use its best judgment over the life of the CIP. The committee acknowledged that based on the timing of these improvements, inflation, and the growth of the local tax base, up to a four-cent tax rate increase may be necessary. The committee felt the projects listed were absolute imperatives for the quality of life for the citizens. The wording on the ballot should provide the most flexibility possible. Council discussion included: An Oversight Committee would make recommendations on any shift in the priority of projects during the life of the bond program. The original committee presentation had indicated a three and a quarter cent tax increase would be needed to do all of the projects-what kind of increase would be needed with inflation factored in - an estimate was about 4 cents. It appeared that the categories had been reorganized from the original presentation of projects with an inflation factor added. Which of the proposed projects would require some additional staffing - staffing along with operation and maintenance costs would have to be considered. The proposed package was diverse with benefits for all citizens. The inflation factor, based on historical data, appeared to be correct. Leveraging state and federal money would allow for additional flexibility with the program. Randy Robinson, Co-Chair, CIP Committee, stated that a four-cent tax increase might not be needed over the life of the proposed CIP. Growth assumptions of the property tax would need to be factored into the equation. 2. The Council discussed and considered legislative priorities to be presented by the City of Denton at the Denton County Legislative Luncheon, including but not limited to state initiatives that impact city finances, regional transportation, and Texas Municipal League Resolutions passed at the Texas Municipal League Annual Conference. City of DeNon City Council Minutes November 2, 2004 Page 2 Dottie Palumbo, Senior Assistant Attorney, presented information regarding the propose issues, reviewing the categories and definitions of the proposed legislation. The City's legislative issues included opposition to state initiatives that restricted a city's ability to fund necessary local services; support for legislation that repealed the drainage exemption for state entities; and support for legislation that would permit cities to exceed the two-percent local sales tax cap for transportation revenue purposes. The City would continue to work with the Chamber and DISD on join cooperative issues. 3. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of November 2, 2004. Mayor Pro Tem McNeill requested a rewording of a bullet point on page 2 of the October 13, 2004 minutes. He felt the bullet point regarding fencing would be clearer if it stated, "staff would readdress this issue". 1. The Council considered the following in Closed Meeting: mo Consultation with Attorney -- Under TEXAS GOVERNMENT CODE Section 551.071. Considered and discussed status of litigation styled Ugwuh v. City of Denton, Cause No. 2002-41462-362, curreNly pending in the 362nd District Court of Denton County, Texas. Considered and discussed status of litigation styled Robinson v. City of Denton, Cause No. 2003-60130-393, curreNly pending in the 211th District Court of Denton County, Texas. o Consultation with the City's attorneys on legal matters arising out of construction of Aquatic Center facilities under the Interlocal Agreement dated September 15, 2001 between the City of Denton and the Denton Independent School District, where to discuss such matters in public would conflict with the duty of the attorneys to the City Council and City under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Bo Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated the value of real property iNerests for the fee acquisition of approximately 1.0578 acres being a part of the Gideon Walker Survey, Abstract No. 1330, located on the east side of Mayhill Road between Spencer Road and Foster Road, DeNon, Texas, which is being acquired for a public purpose, and receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition and donation of such real property iNerests. City of DeNon City Council Minutes November 2, 2004 Page 3 Discussed and deliberated the use and value of certain real property and appurtenances, thereto, consisting of street right-of-way all owned by the City of DeNon, Texas, being situated throughout the City of DeNon, Texas; relating to Verizon's fiber optic operations within the City of Denton, Texas and the receipt of legal advice from the City's attorneys on matters in which their professional responsibility to the City Council regarding requires private legal consultation. Deliberations regarding economic development negotiations---Under TEXAS GOVERNMENT CODE Section 551.087, regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072 and Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. Deliberated and discussed commercial or financial information received from a business prospect and offers of financial or other incentives to the business prospect for the purposes of economic development negotiations relating to a proposed lease with Jet Works Aviation for a hangar development located at the Denton Municipal Airport east of Taxiway Alpha on the expanded north terminal apron. The deliberation includes the leasing and value of such real property imerests. It also may include consultation with the City Attorney or his staff concerning legal issues regarding the leasing of such real property imerests. Regular Meeting of the City of DeNon City Council on Tuesday, November 2, 2004 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards Mayor Brock presemed proclamations for: City of Demon GIS Day Texas Recycles Day Mike Conduff-congratulations for ICMA award B. Recognition of staff accomplishments City Manager Conduffpresemed staff accomplishmems to Council. 3. CONSENT AGENDA Mayor Brock indicated that Item N had been pulled from consideration. City of DeNon City Council Minutes November 2, 2004 Page 4 Mayor Pro Tem McNeill requested Item I be pulled for separate consideration. Council Member Montgomery requested that Item D be pulled for separate consideration. Montgomery motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items D, N and I. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Item D was considered. Council Member Montgomery left the meeting due to potential conflict of interest. Mulroy motioned, Kamp seconded to approve Item D. On roll vote, Kamp "aye", McNeill "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. Council Member Montgomery returned to the meeting. Item I was considered. Mayor Pro Tem McNeill stated that he had requested this item for separate consideration in order to inform citizens of further support by the Council for the police department. McNeill motioned, Mulroy seconded to approve Item I. On roll vote, Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 2004-335 - An ordinance of the City of DeNon, Texas approving an Imerlocal Cooperation Agreemem by and between the City of DeNon, Texas and the City of Oak Poim, Texas to provide temporary municipal clerk services; and providing an effective date. R2004-051 - A resolution by the City of DeNon, Texas, authorizing the City Manager to sign and submit an amendment to the 2004 Action Plan for Housing and Community Developmem submitted in June 2004 to the U.S. Departmem of Housing and Urban Development with appropriate certifications, as authorized and required by the Housing and Community Developmem Act of 1974, as amended, and the Affordable Housing Act of 1990, as amended; and providing for an effective date. 2004-336 - An ordinance of the City of DeNon, Texas authorizing an agreemem between the City of DeNon, Texas and the DeNon City-County Day School for professional childcare and preschool for low to moderate income families; finding an exemption from public bidding requiremem; providing for the expenditure of funds therefor; and providing for an effective date. City of DeNon City Council Minutes November 2, 2004 Page 5 Do 2004-337 - An ordinance of the City of DeNon, Texas authorizing an agreemem between the City of Denton, Texas and Denton County Friends of the Family for counseling and case management to victims of domestic violence for low to moderate income families; finding an exemption from public bidding requiremem; providing for the expenditure of funds therefor; and providing for an effective date. mo 2004-338 - An ordinance of the City of DeNon, Texas authorizing an agreemem between the City of Denton, Texas and Family Health Care Incorporated for prenatal services for low-income families; finding an exemption from public bidding requiremem; providing for the expenditure of funds therefor; and providing for an effective date. Fo R2004-052 - A resolution to declare intent to reimburse expenditures from the Motor Pool Fund with Certificates of Obligation so that vehicles approved in the 2004-05 Budget more fully described in the attachment to this resolution may be purchased; and providing an effective date. Go 2004-339 - An ordinance accepting competitive bids and awarding an annual comract for the purchase of Hand Tools and Miscellaneous Hardware; providing for the expenditure of funds therefor; and providing an effective date (Bid 3211 - Annual Contract for Hand Tools and Miscellaneous Hardware awarded to Denton Tool and Fastener in the estimated amoum of $35,000). Ho 2004-340 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Hot Mix Hot Lay Asphalt Concrete; providing for the expenditure of funds therefor; and providing an effective date (Bid 3221 - Annual Contract for Hot Mix Hot Lay Asphalt Concrete awarded to Jagoe Public Company in the estimated amoum of $1,000,000). 2004-341 - An ordinance accepting competitive bids by way of an Imerlocal Agreement with Tarrant County and awarding a contract for the purchase of police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 3251 - imerlocal Agreemem for Police Sedans with Tarram County, contract awarded to Philpott Ford inc. in the amoum of $386,388). Jo 2004- 342 - An ordinance approving the expenditure of funds for the purchase of the renewal of annual support maintenance for Denton Municipal Electric's Supervisory Comrol and Data Acquisition System (SCADA) available from only one source in accordance with the provision for state law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3246 - Renewal of SCADA Maimenance Agreemem awarded to Advanced Comrol Systems in the amoum of $31,967). Ko 2004-343 - An ordinance accepting competitive bids and awarding a comract for the purchase of a Pole Setting Machine for the Electric Distribution Department; and providing for the expenditure of funds therefor; and providing an effective date (Bid 3217 - Pole Setting Machine awarded to lowest responsible bidder, Altec industries, inc., in the amoum of $87,618). City of Demon City Council Minutes November 2, 2004 Page 6 Lo 2004-344 - An ordinance of the City of Demon authorizing the City Manager, or his designee, to execute on behalf of the City of Demon an acceptance of an offer from the Texas Department of Transportation relating to a grant for routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the gram program; and declaring an effective date. (TxDOT Project No.: AM2005DNTON; and TxDOT CSJ No.: M518DNTON) Mo 2004-345 - An ordinance approving a commercial operator airport lease agreement between the City of Denton and Terrence Jarog on approximately 2,790 square feet of land at the Denton Municipal Airport; and providing an effective date. No Note: this item was pulled from consideration - an ordinance approving a commercial operator airport lease agreement between the City of Denton and Jet Works Aviation, Inc. at the Denton Municipal Airport; and providing an effective date. Oo Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 2004-346 - An ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 1.0578 acre tract or parcel of land with fee simple title vesting in the City of Demon, Texas, and said real property being located in the G. Walker Survey, Abstract Number 1330 in the City of Denton, Denton County, Texas and being a portion of a parcel of land conveyed to Rosa Lee Chavez by Deed recorded in Volume 676, Page 369 of the Deed Records of Demon County, Texas; authorizing the City Manager or his designee to make an offer to purchase the property for its just compensation, and if such offer is not accepted, authorizing the City Attorney, or his designee, to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of municipal landfill facilities and improvemems, and other municipal purposes and declaring an effective date. Qo 2004-347 - An ordinance authorizing the City Manager or his designee to execute a Wire Crossing Agreemem with The Kansas City Southern Railway Company for an aerial wire crossing located at Mile Post 104.79, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Ro Approved the minutes of: October 4, 2004 October 5, 2004 October 12, 2004 October 13, 2004 City of Demon City Council Minutes November 2, 2004 Page 7 4. PUBLIC HEARINGS A. The Council held a public hearing, considered a recommendation from the Capital Improvements Committee, and gave staff direction. Mark Burroughs, Chair-CIP Committee, reviewed the process undertaken by the committee to reach its recommendation for Council. He reiterated the charge given the committee by the Council. The committee presented the recommendation with three categories of transportation, parks and recreation, and community developmem. Council discussed that any possible tax rate increase for the proposed projects would cover the next five years at a maximum of 4 ceres and might not even be required. Flexibility was a key issue to allow a future council to adapt the recommendations in order to leverage best usage of the dollars available. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Randy Robinson, Co-Chair-CIP Committee, spoke in favor. He stated that many tough choices had to be made regarding recommendation of projects. Chuck Carpemer, Chamber of Commerce, spoke in favor. The Chamber was in support of the bond package. Darlene Mullenweg, 711 West Oak Street, Denton, 76201, spoke in favor. She suggested a better image for corridors such as emranceways, sidewalks, and a revitalization of older neighborhoods. George Young, 3822 Waterford Way, Demon, 76210, spoke in favor. He suggested looking at parks and recreation items for greater quality of life issues for Denton. Mayor Brock indicated that Commem Cards had been received from: Richard Huckaby, 924 Ridgecrest Circle, Demon, 76205 - in favor of the proposal. Pat Goble, 3901 Grant Parkway, Denton, 76208, in favor of the proposal. Charlice Kruger, 3841 Gram Parkway, Demon, 76208, in favor of the proposal. The Mayor closed the public hearing. B. The Council held a public hearing and considered adoption of an ordinance amending the Mobility Plan Componem of The Demon Plan revising the alignmem and changing the classification of Mayhill Road; and providing an effective date. The Planning & Zoning Commission recommended approval (7-0). Butch Jones, Regional Mobility Coordinator, stated that the proposed change to Mayhill Road was to make it a primary arterial. That designation would make it a six lane divided road between US380 and I35. The Texas Department of Transportation was also looking at designating this section of road as a farm-to-market road within the next few years. In order to meet those standards two alignment problems needed to be corrected. The Mayor opened the public hearing. City of Demon City Council Minutes November 2, 2004 Page 8 The following individuals spoke during the public hearing: Wilma Haggard, 1900 S. Mayhill Road, Demon, 76208 - spoke in opposition. Robert Donnelly, 3900 Quail Creek Road, Demon, 76208 - spoke in opposition Dean Stoler, ITS, available to answer questions regarding the traffic study on Loop 288. Frank Martino spoke in favor. Alan Bussell, Greg Edwards Engineering, questioned the mass transit connection and suggested looking at the Comprehensive Plan in relation to the proposal. Mayor Brock indicated Commem Cards had been received from: Lavilla and Terry Johnson, P.O. Box 2425, Sherman, 75091 - in favor of the proposal. Carl Janin, Mayhill/Mills, Demon - in favor of the proposal. Nick Zala, Mayhill & Mills, Demon - in favor of the proposal. Randall DesCamp, 551 N. Mayhill, Demon - in favor of the proposal. Additional speakers included: Janet Calhoun, 321 N. Mayhill Road, Denton - expressed concerned about the location of the road when expanded in relation to her home. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-348 AN ORDINANCE AMENDING THE MOBILITY PLAN COMPONENT OF THE DENTON PLAN TO REVISE THE ALIGNMENT AND CHANGE THE CLASSIFICATION OF MAYHILL ROAD; AND PROVIDING AN EFFECTIVE DATE. 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 carried unanimously. C. The Council held a public hearing and considered the following: Adoption of an ordinance for a Comprehensive Plan Amendmem from 'Existing Neighborhood/Infill Compatibility' to 'Employmem Cemers' land use designation. The 4.38-acre site was generally located on the west side of Woodrow Lane and approximately 300 feet north of Morse Street. The Planning and Zoning Commission recommended approval (6-1). (CA04- 0003, Vetco) Kelly Carpenter, Director of Planning and Development, stated that the property was located on the northwest corner of Morse and Woodrow. She showed the existing land use areas, reviewed the currem zoning conditions and the proposed zoning regulations for the property. The Mayor opened the public hearing. City of Demon City Council Minutes November 2, 2004 Page 9 The following individual spoke during the public hearing: Alan Bussell, representing the petitioner, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2004-349 AN ORDINANCE AMENDING THE DENTON PLAN 1999-2020 BY ADOPTING AN AMENDMENT TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS; THE AREA FOR AMENDMENT ENCOMPASSING APPROXIMATELY 4.38 ACRES AND IS GENERALLY LOCATED ADJACENT TO THE WEST SIDE OF WOODROW LANE, APPROXIMATELY 300' NORTH OF MORSE STREET, PROVIDING A SAVINGS AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA04-0003) Mulroy 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 carried unanimously. Adoption of an ordinance rezoning approximately 4.38 acres from a Neighborhood Residemial 4 (NR-4) to an Employmem Cemer Industrial (EC-I) zoning district. The site was generally located on the west side of Woodrow Lane and approximately 300 feet north of Morse Street. The Planning and Zoning Commission recommended approval (7-0). (Z04- 0043, l/etco) The following ordinance was considered: NO. 2004-350 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE AND USE DESIGNATION CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) TO EMPLOYMENT CENTER INDUSTRIAL (EC-I) FOR APPROXIMATELY 4.38 ACRES OF LAND LOCATED ADJACENT TO THE WEST SIDE OF WOODROW LANE APPROXIMATELY 300' NORTH OF MORSE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0043) Montgomery 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 carried unanimously. D. The Council held a public hearing and considered the following: City of DeNon City Council Minutes November 2, 2004 Page 10 Adoption of an ordinance for a Comprehensive Plan AmendmeN from 'Neighborhood CeNer' to 'Community Mixed Use Activity CeNer' land use designation. The 2.0-acre site was located south of McKinney Street and approximately 700 feet west of Loop 288. The Planning and Zoning Commission recommended approval (6-1). (C,404-0002, 3520 E. McKinney StreeO Kelly Carpenter, Director of Planning and Development, presented the details of the proposal. The proposed change would be from a neighborhood resideNial mixed use-12 to a community mixed use general zoning category. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Brad Springer, 8181 E. McKinney, DeNon, 76208 - spoke in favor indicating he waned the same zoning opportunities as neighboring properties. Rob Rayner, 1200 Woodrow Lane, DeNon, 76205 - spoke in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: 2004-351 AN ORDINANCE AMENDING THE LAND USE PLAN ELEMENT OF THE DENTON PLAN 1999-2020 FOR THE CITY OF DENTON, TEXAS FROM NEIGHBORHOOD CENTERS TO COMMUNITY MIXED USE CENTER PERTAINING TO APPROXIMATELY 2.0 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF E. MCKINNEY STREET AND 700' WEST OF LOOP 288; PROVIDING A SAVINGS AND REPEAL CLAUSE; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (CA04-0002) Montgomery motioned, McNeill seconded to adopt the ordinance. On roll vote, Kamp "nay", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "nay" and Mayor Brock "nay". Motion carried with a 4-3 vote. Adoption of an ordinance rezoning approximately 2 acres from the Neighborhood ResideNial Mixed Use 12 (NRMU-12) zoning district to the Community Mixed Use General (CM-G) zoning. The site is south of McKinney Street and approximately 700 feet west of Loop 288. The Planning and Zoning Commission recommends approval (6-1). (Z04- 0032, 3520 E. McKinney StreeO The following ordinance was considered: No. 2004-352 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 City of Demon City Council Minutes November 2, 2004 Page 11 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 2 ACRES OF LAND LOCATED GENERALLY ADJACENT TO THE SOUTH LINE OF MCKINNEY STREET, APPROXIMATELY 700 FEET WEST OF LOOP 288 AND LEGALLY DESCRIBED AS LOT 1, BLOCK A, PUTT-PUTT GOLF AND GAMES ADDITION 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. (Z04-0032) Montgomery motioned, Mulroy seconded to adopt the ordinance. On roll vote, Kamp "nay", McNeill "aye", Montgomery "aye", Mulroy "aye", Redmon "aye", Thomson "nay" and Mayor Brock "nay". Motion carried with a 4-3 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Demon, Texas, amending the provisions of Chapter 20 by amending Article ii titled "Abandoned Property" by changing the name of Article ii to "Junk Vehicles" and by replacing Section 20-41 and 20-47; by deleting Article iii entitled "Grass and Weeds" in its entirety and replacing it with a new Article iii titled Article iii titled "Weeds and Grass and Unsightly or Unsanitary Matter"; providing for a severability clause; providing for a repealer clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. Captain Joanie Housewright-Denton Police Department, stated that the proposed ordinance had been revised per Council's suggestions. Council would be considering additional proposals regarding code enforcemem in upcoming meetings. Council discussion included: 20 acres was too large a step at one time to change from the current requirement for mowing vacant lots-a better cut off measurement was needed for acreage. A suggestion would be up to five acres for the entire lot to be mowed. The following ordinance was considered: NO. 2004-335 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROVISIONS OF CHAPTER 20 BY AMENDING ARTICLE ii TITLED "ABANDONED PROPERTY" BY CHANGING THE NAME OF ARTICLE ii TO "JUNK VEHICLES" AND BY REPLACING SECTION 20-41 AND 20-47; BY DELETING ARTICLE iii ENTITLED "GRASS AND WEEDS" IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE iii TITLED ARTICLE iii TITLED "WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER"; PROVIDING FOR A SEVERABiLiTY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. City of DeNon City Council Minutes November 2, 2004 Page 12 Mulroy motioned, Montgomery seconded to adopt the ordinance with a change to mow 5 acres and below rather than 20 acres and below. Thomson motioned, Mayor seconded to amend the motion to keep the requiremem at 20 acres for complete mowing. On roll vote, Kamp "nay", McNeill "nay", Momgomery "nay", Mulroy "nay", Redmon "nay", Thomson "aye" and Mayor Brock "aye". Motion carried with a 5-2 vote. B. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the DeNon Central Appraisal District; and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that the three Demon represematives had terms that would expire at the end of this year. Only one of those members could be re-nominated, John Solberg, as the other two members were termed out. Mulroy motioned, McNeill seconded to postpone consideration of this item umil the November 16th work session meeting. 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 nominations/appoimmems to the City's Boards and Commissions. Mayor Pro Tem McNeill nominated Thomas Wood for the Historic Landmark Commission. Citizen Reports 1. Review of procedures for addressing the City Council. The Council received a citizen report from the following: A. Peternia Washington regarding issues with Demon Electric. Municipal Ms. Washington stated that she should have a choice of electric provider. She felt the utility charges were too high and that an alternate provider should be available. E. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Momgomery requested an update Taliaferro Street-whether it could be opened and if so, when. 2. Mayor Brock asked for a review on random used car sales. on reopening Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda City Manager Conduff did not have any items for Council. City of Demon City Council Minutes November 2, 2004 Page 13 G. Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Brock indicated that Council would continue with the Closed Meeting items listed at the beginning of the agenda plus the item listed below. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. Closed Meeting: 1. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074 a. Evaluation and appraisal of the City Manager including deliberation on the City Manager's duties. With no further business, the meeting was adjourned. JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS EULINE BROCK MAYOR CITY OF DENTON, TEXAS