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Minutes August 2, 2005 CITY OF DENTON CITY COUNCIL MINUTES August 2, 2005 The City Council attended a reception for Board and Commission members on Tuesday, August 2, 2005 at 5:30 p.m. in the Council Work Session Room at City Hall. The City Council convened in the Council Chambers at 6:00 p.m. PRESENT: Mayor Brock; Council Members Heggins, Montgomery, Mulroy, and Thomson. ABSENT: Mayor Pro Tem McNeill and Council Member Kamp. 1. The Council considered approval of a resolution of appreciation for retiring Board/Commission members. Montgomery motioned, Thomson seconded to approve the resolution. On roll vote, Heggins ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 2. Oath of Office for New and Continuing Board Members. Jennifer Walters, City Secretary, administered the Oath of Office to the new and continuing members. After determining that a quorum was present, the City Council convened in a Regular Meeting on Tuesday, August 2, 2005 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 Keep Denton Beautiful presented awards from Keep Texas Beautiful to Officer Mike Sweet and the Environmental Services Division of the City of Denton. B. Recognition of staff accomplishments City Manager Conduff presented staff accomplishments to the Council and members of the audience. 3. CONSENT AGENDA Mayor Brock noted that Item 3.A. would not be considered. Mulroy motioned, Montgomery seconded to approve the Consent Agenda and accompanying ordinance. On roll vote, Heggins ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. City of Denton City Council Minutes August 2, 2005 Page 2 A. This ordinance was not considered. B. 2005-209 - An ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Hurst under Section 271.102 of the Local Government Code for the purchase of street slurry seal services; providing for the expenditure of funds therefore; and providing an effective date (File 3385 ? Interlocal Agreement for Street Slurry Seal Services with the City of Hurst, contract awarded to Viking Construction, Inc. in the estimated amount of $150,000). C. Approved a request for an exception to the Noise Ordinance for the purpose of the Christ Fellowship of Denton Church to host an outdoor concert at the Denton County Courthouse lawn on Sunday, August 7, 2005, from 7:00 p.m. to 9:00 p.m. The requestor is specifically asking for an exception to allow amplified sound on Sunday. 4. PUBLIC HEARINGS A. Extraterritorial Boundary Adjustment with Krum 1. The Council held a public hearing and considered an ordinance releasing 7.011 acres of Denton?s extraterritorial jurisdiction (ETJ) to the City of Krum for the Aspen Park Development. The 7.011-acre property was located on Hopkins Road, north of FM1173 and immediately east of the City of Krum?s ETJ. The Planning and Zoning Commission recommended approval (6-0). Tim Fisher, Assistant Director of Water Utilities, presented the details of the proposal. The tract of land was located in a multi-jurisdictional situation. A developer of a 60-acre tract of land had requested utility service from the City of Krum. Approximately 52 of the development?s acres were located inside Krum?s ETJ and 7 acres within Denton?s ETJ. The developer had requested that Denton release the 7 acres to allow Krum to annex the entire tract as well as execute a Transfer of Sale and Merger for Denton?s water and wastewater CCN. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2005-210 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A BOUNDARY ADJUSTMENT AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM, TEXAS TO BE EXECUTED BY THE MAYORS OF THE TWO CITIES; PROVIDING FOR A RELEASE OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION City of Denton City Council Minutes August 2, 2005 Page 3 FROM THE CITY OF DENTON TO THE CITY OF KRUM OF THAT CERTAIN 7.011 ACRES OF LAND THAT IS LYING WITHIN THE ASPEN PARK PHASE TWO THAT IS ADJACENT TO THE CITY OF KRUM, TEXAS, LOCATED IN THE WESTERN SECTION OF THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION?; IN DENTON COUNTY, TEXAS SPECIFICALLY LOCATED AS SHOWN IN THE BOUNDARY ADJUSTMENT AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (SI05-0008) Mulroy motioned, Thomson seconded to adopt the ordinance was presented. On roll vote, Heggins ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 2. The Council considered adoption of an ordinance approving and authorizing the City Manager to execute a service area designation and transfer agreement by and between the City of Denton and the City of Krum wherein the City of Denton transfers and assigns its retail water and sewer service rights in and to the two tracts known as Aspen Park Phase One and Aspen Park Phase Two Additions to the City of Krum for a total of 59.99 acres of land. The following ordinance was considered: NO. 2005-211 AN ORDINANCE OF THE CITY COUNCIL OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AREA DESIGNATION AND TRANSFER AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE CITY OF KRUM, TEXAS WHEREIN THE CITY OF DENTON TRANSFERS AND ASSIGNS ITS RETAIL WATER AND SEWER SERVICE RIGHTS IN AND TO THE TWO TRACTS KNOWN AS ASPEN PARK PHASE ONE AND ASPEN PARK PHASE TWO ADDITIONS TO THE CITY OF KRUM, TEXAS, FOR A TOTAL OF 59.99 ACRES OF LAND; AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins ?aye?, McNeill ?aye?, Montgomery ?aye?, Mulroy ?aye?, Thomson ?aye? and Mayor Brock ?aye?. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution nominating a member to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Council did not have a nomination. B. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Council received citizen reports from the following: City of Denton City Council Minutes August 2, 2005 Page 4 A. Nell Yeldell regarding Utility Administration, Justice System, and Taxes. Ms. Yeldell stated that she had concerns regarding public utilities. She felt that the citizens should have the choice of utility service providers. She felt that the taxes she paid were not consistent with her property. Her taxes had been changed with other lots in the area. The youth of the city were not being serviced properly and were not able to get jobs in the city. B. Keep Denton Beautiful Board of Directors regarding a letter of support for the ?pay-as-you-throw? program. Dr. Rudi Thompson read a letter of support from Keep Denton Beautiful for the citywide implementation of a ?pay-as-you throw? program. C. New Business There were no items of New Business suggested by Council for future agendas. D. 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. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 7:05 p.m. _____________________________________ EULINE BROCK MAYOR CITY OF DENTON, TEXAS _____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS