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August 28, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES August 28, 2006 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, August 28,2006 at 1 :30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: Deputy Mayor Pro Tem Mulroy 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance ordering an election to be held on November 7, 2006 for the purpose of submitting to the registered voters of Denton, Texas amendments to the Denton City Charter regarding annexation provisions, no expansion of City liability, Council elections, Council terms of office, Council meetings, Council minutes, City Auditor, powers of Council, introduction of ordinances, City Manager and subordinates, City Attorney, budget, bond elections, sale of bonds, Planning and Zoning Commission, legal effect of master plan, platting and subdivision control, regulation of construction, slum clearance and rehabilitation of blighted areas, Public Utilities Board, regulation of franchised utilities, and nepotism; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with Denton County; prescribing the form and content of the ballot; providing for notice; providing for publication of the notice of this election; providing a severability clause; providing an open meetings clause; and providing an effective date. City Attorney Snyder stated that the Charter Review Committee had been working on 23 proposed amendments for the November election. One amendment dealing with exercising of governmental function did not receive a favorable recommendation from the Committee. Two of the propositions would need Council direction - one dealing with Council terms of office and one with franchise utilities. The Committee met on Monday, August 21 st to finalize the two remaining propositions. The Committee vote on Proposition #3, dealing with terms of office, was split. Four members were against changing the council terms of office, as they did not find any compelling reason to do so. Two members of the Committee were in favor of changing the terms of office. The Committee voted in favor of the wording for the proposition dealing with exercising of governmental function. Staff had prepared three drafts of the ordinance calling the election. Option # 1 contained the propositions as recommended by the committee with no proposition for changing council term of office. Option #2 added a proposition #4 for changing council terms of office with the three-year terms taking effect for places one, two, three and four in 2007 and places five, six and seven in 2008. Option #3 provided for the three-year terms but with the three-year terms taking effect for places five, six and seven in 2012, and places one, two, three, and four in 2013. City of Denton City Council Minutes August 28, 2006 Page 2 Mayor McNeill stated that he originally was in favor of the change in council term of office but had been swayed by the Committee report. He felt that perhaps this was not the time to do this. Council Member Thomson agreed with the Committee findings with no change in terms of office. Thomson motioned, Heggins seconded to adopt the ordinance with Option # 1 with no change in terms of council office. Mayor Pro Tem Kamp stated that the although she agreed with the findings of the Committee, she still felt that the council needed to serve three year terms at some point in time. Council Member Heggins stated that she had attended the Committee meetings and there was no pressure at any point in time to make a decision either one way or another. The following ordinance was considered: NO. 2006-232 AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER REGARDING ANNEXATION PROVISIONS, NO EXPANSION OF CITY LIABILITY, COUNCIL ELECTIONS, COUNCIL TERMS OF OFFICE, COUNCIL MEETINGS, COUNCIL MINUTES, CITY AUDITOR, POWERS OF COUNCIL, INTRODUCTION OF ORDINANCES, CITY MANAGER AND SUBORDINATES, CITY ATTORNEY, BUDGET, BOND ELECTIONS, SALE OF BONDS, PLANNING AND ZONING COMMISSION, LEGAL EFFECT OF MASTER PLAN, PLA TTING AND SUBDIVISION CONTROL, REGULATION OF CONSTRUCTION, SLUM CLEARANCE AND REHABILITATION OF BLIGHTED AREAS, PUBLIC UTILITIES BOARD, REGULATION OF FRANCHISED UTILITIES, AND NEPOTISM; PRESCRIBING THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE IN ACCORDANCE WITH AN AGREEMENT WITH DENTON COUNTY; PRESCRIBING THE FORM AND CONTENT OF THE BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR PUBLICATION OF THE NOTICE OF THIS ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. On roll vote to adopt the ordinance with Option #1, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing a contract for election services with Denton County, Texas, performed by and through its election administrator to conduct a November 7, 2006 election concerning amendments to the City of Denton Charter; validating and ratifying certain services performed; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: City of Denton City Council Minutes August 28, 2006 Page 3 NO. 2006-233 AN ORDINANCE AUTHORIZING A CONTRACT FOR ELECTION SERVICES WITH DENTON COUNTY, TEXAS, PERFORMED BY AND THROUGH ITS ELECTION ADMINISTRATOR TO CONDUCT A NOVEMBER 7, 2006 ELECTION CONCERNING AMENDMENTS TO THE CITY OF DENTON CHARTER; VALIDATING AND RATIFYING CERTAIN SERVICES PERFORMED; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton abandoning, vacating and rescinding the 0.008 acre and 0.030 acre street right-of-way dedication offered to the City of Denton by the Final Plat of the Nelson Addition, filed in Cabinet N, Page 399, of the Plat Records of Denton County, Texas; and providing an effective date. Paul Williamson, Real Estate Manager, stated that Ken Currin, the proprietor of the Greenhouse Restaurant, had petitioned for the abandonment of the street right-of-way dedication tracts that were exacted during the initial platting activity associated with the onset of the restaurant in 1997. The restaurant would like to expand by adding a patio dining addition along the southern wall of the existing building and would need to use the right-of-way tracts on that end. Staff had met with Mr. Currin on several occasions to discuss what options were available to accommodate his plans, in balance with the public's interests and still meet code requirements. The following ordinance was considered: NO. 2006-234 AN ORDINANCE OF THE CITY OF DENTON ABANDONING, V ACA TING AND RESCINDING THE 0.008 ACRE AND 0.030 ACRE STREET RIGHT-OF-WAY DEDICA TION OFFERED TO THE CITY OF DENTON BY THE FINAL PLAT OF THE NELSON ADDITION, FILED IN CABINET N, PAGE 399, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 2:00 p.m. PERRY R MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS