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November 14, 2006 Minutes CITY OF DENTON CITY COUNCIL MINUTES November 14, 2006 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Tuesday, November 14, 2006 at 4:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: None 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 on first reading to voluntarily annex approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property was generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction (ETJ) on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas. The Planning and Zoning Commission recommended approval (7-0). (A06-0002, Corinth Substation Annexation) Kelly Carpenter, Director of Planning and Development, stated that two prior public hearings had been held on this proposed annexation. The property would be used for a TXU substation. No comments had been received from the public on the proposed annexation. Mulroy motioned, McElroy seconded to adopt the ordinance on first reading. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.Motion carried unanimously. B. The Council considered adoption of an ordinance on first reading to voluntarily annex approximately 33 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed was generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally described as Lot 2 of the Marriott Garden Addition. The Planning and Zoning Commission recommended approval (7-0). (A06-0004, Lot 2 of the Marriott Garden Addition Annexation) Deputy Mayor Pro Tem Mulroy left the meeting with a conflict of interest. Kelly Carpenter, Director of Planning and Development, presented details of the location of the annexation. This proposal was the result of the property owners defaulting on a prior agreement. The default zoning would be RD-5. Staff was working with the property owners for a more appropriate zoning category for the property. City Attorney Snyder indicated that the use would be a legal non-conforming use and the current uses would continue subject to the new zoning. Montgomery motioned, Kamp seconded to adopt the ordinance on first reading. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. City of Denton City Council Minutes November 14, 2006 Page 2 Deputy Mayor Pro Tem Mulroy returned to the meeting. C. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, supporting state legislation allowing citizens to vote to exempt from the two- percent cap on local sales tax any local sales tax committed to public transportation initiatives; and declaring an effective date. Jon Fortune, Assistant City Manager, stated that the proposal was in support of state legislation that would allow citizens to vote to exempt the two-percent cap on local sales tax for any sales tax committee to public transportation initiatives. This would free up a percentage of the sale tax for other uses. The following resolution was considered: NO. R2006-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING STATE LEGISLATION ALLOWING CITIZENS TO VOTE TO EXEMPT FROM THE TWO-PERCENT CAP ON LOCAL SALES TAX ANY LOCAL SALES TAX COMMITTED TO PUBLIC TRANSPORTATION INITIATIVES; AND DECLARING AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to approve the resolution. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”. Motion carried unanimously. D. The Council received a report, held a discussion and gave staff direction regarding the City of Denton’s Sesquicentennial Celebration. Jane Fitzgerald, Director of Parks and Recreation, stated that the Council appointed committee had met weekly to work on the details of the celebration. They had developed 150 milestones and were looking at activities from outside agencies. The Committee wanted to share the logo and slogan it had developed. This logo and slogan would be used to promote the celebration events. They were in the process of developing criteria for use of the logo. The Committee was asking Council to allow the use of the logo by other agencies. Council Member Heggins asked if the logo would expire after the celebration. Fitzgerald replied yes that it would be used just for the celebration year. Kamp motioned, Heggins seconded to approve the use of the logo as described. On roll vote, Heggins “aye”, Kamp “aye”, McElroy “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye” and Mayor McNeill “aye”.Motion carried unanimously. With no further business, the meeting was adjourned at 4:25 p.m. __________________________ ___________________________ PERRY R. MCNEILL JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS