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08/01/2011-CC-Minutes-RegularMINUTES: CITY COUNCIL MEETING August 1, 2011 PRESENT: Mayor Thomas Muir, Councilwoman Marjory Johnson, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Andy Garza OTHERS PRESENT: Mike Brice City Manager, Tami Taber City Secretary, Roger Hennen, Bill Wright, Sam Alexander, Kelli Alexander, Tony Veno, Duana James-Bowling, Donna Veno, Roger Hartman, Amanda Epps, Gloria Delaney, Valarie Mayhew, Linda Hartman, Kala Hall, Brenda Hernandez, Jessie Ashby Bonds, Arcle Hoyt Bonds, Rae McWhorter, Charles Bressler, Greg Egner, Mary Horn, Liz Morey, Michael Morey, Anne Scott, Harry Scott, Meredith Maddox, Richard Bosse, Brian Wicker, David Denman and Gina Gohlke- Wicker 1.Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:02 p.m. Councilman Garza led the Invocation followed by Councilman Stephens leading the Pledge of Allegiance. 2.Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). The Mayor read aloud a drafted letter addressed to the TCEQ to the audience before the public comments were held. Sam Alexander spoke about Animal Control. The following spoke about the Denton Terminal LLC, Gas Distribution Center: Kelli Alexander - 3219 McReynolds Rd Bill Wright - P.O. Box 1656 in Gainesville Duana James-Bowling - 12154 FM 2153 Tony Veno - 901 PR 6636 Jim Horn - 1194 FM 455 Linda Hartman - 3000 McReynolds Rd Valarie Mayhew - 785 Little Joe Rd Kala Hall - 9285 Whitehawk Drive Harry Scott -7822 Country View Lane Brenda Hernandez - 947 Hoss Richard Bosse - 625 Pecan Creek CONSENT AGENDA 3.a) Approval of Minutes: July 18, 2011 - Work Session July 18, 2011 - Council Meeting b) Disbursements Councilwoman Johnson made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 4.Consider any Items Removed from Consent Agenda. None. REGULAR AGENDA 5.Consider, Discuss and Possibly Act on Approving Resolution #08-17-11 - Rescheduling Public Hearings on Proposed Annexation of Approximately 556 Acres of Land Located Along the West Side of I-35, Extending From Lois Road North to the Denton County-Cooke County Line. Councilwoman Johnson made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 6.Conduct Public Hearing on Amending Chapter 14, Section 30.2 to Provide That a Cash Advance or Payday Loan Office use may be Permitted in a "B-2" Zoning District by a Specific Use Permit and Amending Chapter 42 to Provide Definitions. Mayor opened the Public Hearing at 8:08 p.m. No one spoke for or against. Mayor closed the Public Hearing at 8:09 p.m. 7.Consider, Discuss and Possibly Act on Approving Ordinance #08-27-11 - Amending the Comprehensive Zoning Ordinance by Amending Chapter 14, Section 30.2 "Use of Land and Buildings" to Provide That a Cash Advance or Payday Loan Office use may be Permitted in a "B-2" Zoning District by a Specific Use Permit and Amending Chapter 42, by Adding Section 42.2 to Provide Definitions. Councilman Martin made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 8.Conduct Public Hearing on Amending Chapter 14, Section 25.2, to set a Maximum Height of 200 Feet for Radio Communication Towers and 100 Feet for all Other Structures. Mayor opened the Public Hearing at 8:15 p.m. No one spoke for or against. Mayor closed the Public Hearing at 8:15 p.m. 9.Consider, Discuss and Possibly Act on Approving Ordinance #08-28-11 - Amending the Comprehensive Zoning Ordinance by Amending Chapter 14, Section 25.2 to set a Maximum Height of 200 Feet for Radio Communication Towers and 100 Feet for all Other Structures. Councilman Martin made a motion to approve. Seconded by Councilman Bilyeu. Motion carried unanimously. 10.Consider, Discuss and Possibly Act on Approving Ordinance #08-29-11 - Amending the Code of Ordinances Chapter 5, Article 5.500, Outdoor Burning by Adding Definitions and Restrictions. Councilman Stephens made a motion to approve. Seconded by Councilman Garza. Motion carried unanimously. 11.Conduct Public Hearing on Proposed Budget for Fiscal Year 2011-2012. Mayor opened the Public Hearing at 8:21 p.m. No one spoke for or against. Mayor closed the Public Hearing at 8:21 p.m. 12.Consider, Discuss and Possibly Act on Approving City Manager's Contract. Councilman Bilyeu made a motion to approve extending the contract for one year and City Manager's raise will be given in January. Seconded by Councilman Martin. Motion carried unanimously. 13.Consider, Discuss and Possibly Act on Approving Letter to TCEQ Regarding the Denton Terminal LLC, Gas Distribution Center. Brief discussion among Council members regarding amending the letter to TCEQ to include concerns of the audience. Council directed City Manager to add the possible concerns expressed by the audience. Councilman Bilyeu made a motion to amend the letter. Seconded by Councilman Martin. Motion carried unanimously. 14.INFORMATION ITEMS: Cancelled Public Hearing on Annexation of Appropriately 556 Acres of Land Located Along the West Side of I-35, Extending from Lois Road North to the Denton County-Cooke County Line. 15.Adjourn. Mayor Muir adjourned the meeting at 8:26 p.m.