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October 2, 2007 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 2, 2007 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, October 2, 2007 at 4:30 p.m.in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins, Montgomery, Thomson, and Watts. ABSENT: Mayor Pro Tem Kamp 1.Staff responded to requests for clarification of agenda items listed on the agenda for October 2, 2007. There were no requests for clarification but Council Member Heggins asked if African- Americans were bidding on jobs in the City. Tom Shaw, Purchasing Agent, stated that his department actively solicited minority contractors but very few were located within the city. Council Member Montgomery indicated that he would be pulling Item G for separate consideration. 2.The Council held a discussion and gave staff direction regarding the 2008 Council meeting schedule. Jennifer Walters, City Secretary, presented the proposed schedule to Council. Consensus of the Council was to proceed with the schedule as presented. 3.The Council received a report from the Denton County Geriatric Services Workgroup regarding the current and proposed activities of Denton County Senior Services. The Council held a discussion regarding the impact of these activities on the senior community and the city. Barbara Ross, Community Development Administrator, introduced Armand Christopher and Keith Turner from Denton County Geriatric Services Workgroup. Dr. Turner presented a description of their organization. He requested to meet periodically with the Council to report findings and activities. He also asked the Council to work with their group in adopting models done by other groups so services did not fall entirely on the City of Denton. This focus was in response to the fact that the number of seniors who will retire and reside in Denton County was projected to greatly increase. This was to become elder friendly-senior ready. Mr. Christopher stated that “elder friendly” focused on elderly issues and “senior ready” focused on the need for a plan. Resources, planning, health services, transportation, and housing were among some of the issues to consider. Senior-ready development should be encouraged as mixed use development in the community with universal design and sustainable modifications. He asked Council to work with his group to develop statistical information to work as a team role model for other communities in the area. City of Denton City Council Minutes October 2, 2007 Page 2 Gary Crones stated that the tendency was to put off critical issues until an emergency occurred. He urged Council to not do that with these issues. An action plan was needed including following State legislative issues that might affect seniors. He wanted Denton to a model for other communities to follow Mayor McNeill asked what action the Council needed to do to assist with the program. Turner responded that Denton needed to try and develop a planning model that could be adopted by other communities, especially with planning departments. Mayor McNeill asked that they work with the Community Development and Planning staff regarding the various issues. They were welcome to meet with Council on periodic basis. 4.The Council received a report, held a discussion, and gave staff direction regarding a proposed resolution to facilitate certification of a Municipal Setting Designation for property located at the southwest corner of Interstate 35 and Highway 380. Linda Ratliff, Director of Economic Development, stated that in order to develop on the property, the developer was asking Council to support the establishment of a municipal setting district which would set restrictions for drilling for potable water on the property. If Council approved the resolution, the developer could approach the TCEQ for the designation. Paul Rodusky, Reed Engineering, presented information regarding the proposed development. The future land use would be a proposed retail development. The MSD would designate the groundwater as non-potable and prohibit any future uses as potable water. The City’s roll in the MSD was to approve an ordinance or resolution that protected public exposure to contaminated groundwater. Council discussion – The restriction would also not allow for a well to use the groundwater for irrigation. What was the risk for development in the area? Rodusky stated that development would not be limited as long as the groundwater was not used. The MSD process still required the property owner to go through TCEQ standards in order to receive the certificate. Council held a lengthy discussion regarding property owner accountability for the contamination at the site, environmental concerns for the property and surrounding area, setting standards for future designations and enforcement of the MSD conditions. Regular Meeting of the City of Denton City Council on Tuesday, October 2, 2007 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. City of Denton City Council Minutes October 2, 2007 Page 3 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards Mayor McNeill presented proclamations for Heart Health Month and Fire Prevention Week. 3. CONSENT AGENDA Mayor McNeill reviewed the items to be considered on the Consent Agenda Mulroy motioned, Thomson seconded to approve the Consent Agenda with the exception of Items G and I. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Item G was considered. Janie McLeod, Community Events Coordinator, stated that NuconSteel was having a Halloween event on the Square and was requesting an extension of the hours for the noise ordinance from 10:00 p.m. to 10:30 p.m. and noise level from 70 db to 72 db. Montgomery motioned, Heggins seconded to approve Item G. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. Item I was considered. Mulroy motioned, Watts seconded to continue the item to future date. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. A. 2007-233 - An ordinance authorizing the City Manager to execute the second amendment to professional services agreement by and between the City of Denton and T. R. Edgar & Associates; providing for the expenditure of funds therefor; and providing an effective date (approval of professional services agreement by the City Manager on February 7, 2007; approval of first amendment to professional services agreement on the 18th day of July, 2007 by the Purchasing Department; now the second amendment to professional services agreement for the additional professional services of T.R. Edgar & Associates – in the amount of not to exceed $19,200; for the total amount authorized of $118,700). B.2007-234 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of sand, soil, lime and aggregate for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3850–Annual Contract for the Sand, Soil, Lime and Aggregate awarded to the lowest responsible bidder meeting specification for each item in the estimated annual amount of $2,000,000). City of Denton City Council Minutes October 2, 2007 Page 4 C.2007-235 - An ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 3851–Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the estimated annual amount of $750,000). D.2007-236 - An ordinance accepting requests for proposals and awarding a contract for the purchase of Individual and Aggregate Stop Loss Insurance for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 3832–Individual and Aggregate Stop Loss Insurance awarded to ING Employee Benefits with a cost of $41.70 per employee per month for an estimated annual cost of $521,917.20). E.Approved tax refunds for the following property taxes: Tax Name Reason Amount Year 1.Auto Zone DCAD Supplemental Change 2006$ 686.89 2. Auto Zone DCAD Supplemental Change 2005 $ 648.81 F.2007-237 - An ordinance authorizing the City Manager or his designee to cancel the balance of the non-performed portion of Purchase Order No. 123460 to Jamail Construction Company and pay over the funds held as retainage by the City of Denton to Jamail Construction Company, and to deny the proposed Change Order No. 2 submitted by Jamail Construction Company for the design- build of the landfill scale house; authorizing the Purchasing Department and the Solid Waste Department to re-bid the construction phase of the landfill scale house project; and providing an effective date (cancellation of the balance of Purchase Order No. 123460 to the non-performed portion of the purchase order to Jamail Construction Company regarding the landfill scale house project, and payment of the remaining retainage amount held by the City of Denton over to Jamail Construction Company). The Public Utilities Board recommended approval (6-0). G.Approved a request for an exception to the Noise Ordinance for the purpose of the United Way Masquerade Ball and Halloween Event, sponsored by NUCONSTEEL Commercial Corporation. The event will be held at the County Courthouse-on-the-Square on Wednesday, October 31, 2007, from 6:00 p.m. to 10:30 p.m. The exception was specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to increase the allowable decibels for an outdoor concert from 70 to 72. H.Approved the minutes for: August 21, 2007 I.NOTE: Consideration of this item was postponed to a future date – a resolution of the City Council of the City of Denton authorizing the acceptance of deed restrictions prohibiting the use of designated groundwater from beneath the property, containing approximately 8.2424 acres located at the southwest corner City of Denton City Council Minutes October 2, 2007 Page 5 of Interstate 35 and US Highway 380, Denton, Texas as described in Exhibit “A,” to facilitate certification of a Municipal Setting Designation (“MSD”) of said property by the Texas Commission of Environmental Quality (“TECQ”), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date. 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding a Specific Use Permit for a Semi-public, Halls, Clubs, and Lodges use which includes a fraternity or sorority house. The site was at the southeast corner of West Oak Street and Miller Street and was located within a Neighborhood Residential 3 (NR-3) zoning district. (S07-0011, Chi Alpha House) The Planning and Zoning Commission recommended denial (6-0). A supermajority vote by Council was required for approval. Brian Lockley, Interim Director of Planning and Development, stated that the petitioner had requested a postponement of the public hearing as he was unable to attend the meeting. The item would be placed on the November 6, 2007 agenda. The Mayor opened the public hearing. A Comment Card had been submitted by Eugene Hargrove in opposition to the proposal. Donna Woodfork spoke in opposition. Mulroy motioned, Thomson seconded to continue the public hearing until November 6, 2007. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B. The Council held the first of two public hearings to consider, under the annexation procedures for areas exempted from the municipal annexation plan, the annexation and service plan for approximately 835 acres. The property to be annexed was generally located west of the Elm Fork tributary of the Trinity River, east of Collins Road, and north of US 380. (A07-0005, Clear Creek Natural Heritage Area Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was the first of two public hearings on the Clear Creek Natural Heritage area and the Greenbelt Trail. The ownership of the property was the U. S. Army Corps of Engineers. The annexation of the Clear Creek Natural Heritage Area site would be in two phases. Phase one would be the western portion of the property which would bring in the Nature Center and all areas currently being used for educational activities into the city limits. Phase two would annex an area north of this proposed annexation. Staff had received 6 letters of opposition one of which was from the Union Pacific Railroad. The annexation service plan was included in the backup materials and the proposed annexation met all state mandated requirements. The Mayor opened the public hearing. The following individuals spoke during the public hearing: City of Denton City Council Minutes October 2, 2007 Page 6 Don Turner, 2347 Riverside Drive, Denton, 76208 - opposed Jeff Manie, 2396 Riverside Drive, Denton, 76208 - opposed Diane Cotton, 2162 Riverside Drive, Denton, 76208 - opposed Gerald DeMarsh - asked questions regarding annexation Donna Woodfork - opposed Debra Renner, 2202 Riverside Drive, Denton, 76208 – opposed The Mayor closed the public hearing. No action was needed on this item at this meeting. C. The Council held the first of two public hearings to consider the voluntary annexation and service plan for approximately 0.123 acres of land, contiguous and adjacent to the City of Denton generally located to the northeast of F.M. 2181/ Teasley Lane, west of Old Alton Road in the southwestern portion of Denton’s Extraterritorial Jurisdiction (ETJ). (A07- 0004, Wild Mustang Crossing Annexation) Brian Lockley, Interim Director of Planning and Development, stated that this was a voluntary annexation initiated by the owner of the property. The property was one of three parcels on this location owned by the applicant. The annexation schedule had met all state mandated requirements for annexation. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing No action was required on this item at this meeting. D. The Council held a public hearing and considered adoption of an ordinance regarding an amendment to Subchapter 35.7.11.3.D of the Denton Development Code (the Unicorn Lake Overlay District) regarding “Minimum House Size”. The Unicorn Lake Overlay District was generally located on approximately 47 acres south of Wind River Boulevard and west of Unicorn Lake Boulevard. The property was located within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. (Z07-0022, Unicorn Lake Overlay District Amendment) The Planning and Zoning Commission recommended approval (4-0). Brian Lockley, Interim Director of Planning and Development, stated that this ordinance would amend the ordinance previously approved for the Unicorn Lake Overlay District which allowed a single-family gated community within the Unicorn Lake development. The requirements of the Overlay District included a minimum residential lot size of 5,000 square feet and a minimum house size of 2,500 square feet of air conditioned living space. The proposed amendment would change the required minimum house size to 2,500 square feet under roof rather than 2,500 square feet of air conditioned space. The 2,500 square feet under roof requirement would not include covered patios or porches unless they were enclosed. City of Denton City Council Minutes October 2, 2007 Page 7 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. 2007-238 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A PORTION OF SECTION 35.11.7 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO THE REQUIRED MINIMUM HOUSE SIZE; AND PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREFOR, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0022) Thomson motioned, Heggins seconded to adopt the ordinance with the clarification that the minimum 2,500 square feet under roof excluded porches and patios unless they were enclosed. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered approval of a resolution by the City Council of the City of Denton, Texas, supporting the Community Development Block Grant Program and providing an effective date. Barbara Ross, Community Development Administrator, presented information for Item 5A – 5E. The resolution for Item 5A would provide support for the continuation of the Community Development Block Grant Program and if approved would be sent to the City’s congressional representatives. Item 5B would designate the Denton Committee on People with Disabilities as the local organization designated to promote programs and seek funding sources to assist persons with disabilities in the Denton community. Item 5C approved the guidelines for operation of the City’s Home Improvement Program and eligibility criteria. Support for the City’s Home Investment Partnerships Program would be provided by approval of Item 5D. Item 5E would approve the sale of a new single-family home acquired under the Action Plan for Housing and Community Development. Under this program, the vacant lot that was struck off to the City through the tax foreclosure process was acquired and used for construction of a new single- family home. Adoption of this ordinance would allow staff to proceed to sell the unit to an eligible low or moderate-income household. The following resolution was considered: NO. R2007-029 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 2, 2007 Page 8 Heggins motioned, Thomson seconded to approve the resolution. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. B.The Council considered approval of a resolution of the City Council of the City of Denton, Texas, authorizing the Mayor, as representative of the City, to issue a letter designating the Denton Committee on People with Disabilities for the purposes of promoting aid to disabled persons in the City of Denton; and providing an effective date. The following resolution was considered: NO. R2007-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR, AS REPRESENTATIVE OF THE CITY, TO ISSUE A LETTER DESIGNATING THE DENTON COMMITTEE ON PEOPLE WITH DISABILITIES FOR THE PURPOSES OF PROMOTING AID TO DISABLED PERSONS IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Montgomery seconded to approve the resolution. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. C.The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $25,000 for projects meeting program guidelines and criteria; and providing for an effective date. The following ordinance was considered: NO. 2007-239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOME IMPROVEMENT PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $25,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Mulroy motioned, Watts seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. D.The Council considered approval of a resolution by the City Council of the City of Denton, Texas supporting the Home Investment Partnerships Program and providing an effective date. The following resolution was considered: City of Denton City Council Minutes October 2, 2007 Page 9 NO. R2007-031 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND PROVIDING AN EFFECTIVE DATE. Montgomery motioned, Heggins seconded to approve the resolution. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. E.The Council considered adoption of an ordinance providing for the sale of real property located at 816 Allen Street as a part of the City’s Infill New Construction Program for affordable housing for sale to low-moderate income buyers; and providing for an effective date. The following ordinance was considered: NO. 2007-240 AN ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY LOCATED AT 816 ALLEN STREET AS A PART OF THE CITY’S INFILL NEW CONSTRUCTION PROGRAM FOR AFFORDABLE HOUSING FOR SALE TO LOW-MODERATE INCOME BUYERS; AND PROVIDING FOR AN EFFECTIVE DATE. Thomson motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. F.The Council considered approval of a resolution authorizing the city staff to develop an environmentally preferable purchasing policy regarding its public purchasing activities to the extent it is available, to the extent it is practicable, and to the extent reasonably permitted by the Texas state purchasing laws. Katherine Barnett, Special Projects Coordinator, stated that this resolution would allow staff to develop an Environmentally Preferable Purchasing policy which would encourage the use of products having a lesser impact on human health and the environment. The following resolution was considered: NO. R2007-032 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY STAFF TO DEVELOP AN ENVIRONMENTALLY PREFERABLE PURCHASING POLICY REGARDING ITS PUBLIC PURCHASING ACTIVITIES TO THE EXTENT IT IS AVAILABLE, TO THE EXTENT IT IS PRACTICABLE AND TO EXTENT REASONABLY PERMITTED BY THE TEXAS STATE PURCHASING LAWS; PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 2, 2007 Page 10 Mulroy motioned, Thomson seconded to approve the resolution. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. G.The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of the "City of Denton Certificates of Obligation ($7,065,000), Series 2007A"; authorizing the issuance of the certificates of obligation, approving and authorizing instruments and procedures relating to said certificates of obligation, and enacting other provisions relating to the subject. Bryan Langley, Director of Finance, stated that during the recent budget development process, it was determined that additional funding was needed to construct various drainage improvements throughout Denton. The proposed budget included a one cent tax increase to support the issuance of Certificates of Obligation for these projects. Laura Alexander, First Southwest, indicated that 7 bids had been received. She recommended awarding the bid to Citigroup Global Markets, Inc. at a true interest rate of 4.397708%. The following ordinance was considered: NO. 2007-241 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF THE "CITY OF DENTON CERTIFICATES OF OBLIGATION ($7,065,000), SERIES 2007A"; AUTHORIZING THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION, APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID CERTIFICATES OF OBLIGATION, AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Mayor motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. H.The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Regional Recyclables Processing Agreement with Visy Recycling, Inc. (d/b/as Pratt Recycling) providing for the construction and operation of a Materials Recovery Facility (“MRF”) located at the City’s landfill; providing additional authority to the City Manager to execute a lease agreement and any other related document; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). Vance Kemler, Director of Solid Waste, stated that the one proposal had been received from Pratt Industries to construct and operate a materials recovery facility located at the City’s landfill. This will set the stage for the expansion of the local recycling efforts. The following ordinance was considered: City of Denton City Council Minutes October 2, 2007 Page 11 NO. 2007-242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A REGIONAL RECYCLABLES PROCESSING AGREEMENT WITH VISY RECYCLING, INC. (D/B/AS PRATT RECYCLING) PROVIDING FOR THE CONSTRUCTION AND OPERATION OF A MATERIALS RECOVERY FACILITY (“MRF”) LOCATED AT THE CITY’S LANDFILL; PROVIDING ADDITIONAL AUTHORITY TO THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT AND ANY OTHER RELATED DOCUMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. I.The Council considered approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Mayor McNeill indicated that a list of nominees was included in the Council’s backup materials. All were willing to serve another term. Currently Rick Woolfolk and Charles Stafford were the City’s representatives. The following resolution was considered: NO. R2007-033 A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Thomson motioned, Mulroy seconded to nominate Rick Woolfolk and Charles Stafford. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. J.The Council discussed and considered approval of the creation of a temporary ad hoc committee of the city council to include Joe Mulroy, Chris Watts and Charlye Heggins to study and review code enforcement related issues. Thomson motioned, Montgomery seconded to approve the appointment of the three individuals at noted above. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. K. The Council considered nominations/appointments to the City’s Boards and Commissions. There were no nominations for Construction Advisory & Appeals Board, the Human Services Advisory Committee and the Zoning Board of Adjustment. City of Denton City Council Minutes October 2, 2007 Page 12 The Council confirmed the nomination of Michael Green to the Traffic Safety Commission. On roll vote, Heggins “aye”, Montgomery “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor McNeill “aye”. Motion carried unanimously. K.Citizen Reports 1.Review of procedures for addressing the City Council. 2.The Council received citizen reports from the following: A.Jerry Yensan regarding the infill ordinance. Mr. Yensan stated that at first he was encouraged when the infill ordinance was passed. He felt that his tract of land clearly applied to that ordinance but the Planning Department told him it did not. He reviewed the history of his tract of land as to what had been done regarding platting. He questioned why his property did not comply with the provisions of the infill ordinance. B.Gerald DeMarsh regarding the annexation of property on Riverside Drive. Mr. DeMarsh was not at the meeting. C.Donna Woodfork regarding diversity with public relations publications. Ms. Woodfork requested that every city publication have a diversity note in the document. She also noted that the City was not spraying for mosquitoes and was not picking up dead animals. L.New Business and Announcements The following items were suggested by Council for future agendas: Deputy Mayor Pro Tem Mulroy asked for a review of Mr. Yensan’s infill application and Council be provided with a written report. Deputy Mayor Pro Tem Mulroy asked for a review of the drainage funding from 1997 to date. M.City Manager’s Report City Manager Campbell did not have a report for Council. N.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Session. City of Denton City Council Minutes October 2, 2007 Page 13 O.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 Meetings items. With no further business, the meeting was adjourned at 8:22 p.m. __________________________ PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS