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Minutes January 04, 2000CITY OF DENTON CITY COUNCIL MINUTES January 4, 2000 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting of the City of Denton City Council on Tuesday, January 4, 2000 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members, Cochran, Durrance, Kristoferson and Young. ABSENT: Council Member Burroughs 1. Closed Meeting A. Deliberations Regarding Real Property – Under TEX. GOV’T. CODE Section 551.072. 1. Considered, discussed, and deliberated concerning the location, valuation, purchase price, and possible terms of purchase of a certain tract of real property, consisting of 207.54 acres, more or less, in the J. Douthit Survey, Abstract No. 329, located northeast of the City of Denton, abutting Hartlee Field Road, and being situated in Denton County, Texas; said real property to be possibly acquired by the City for public use by its Wastewater Utility Department. B. Deliberations Regarding Certain Public Power Utilities Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086.** 1. Further discussed, deliberated, considered, and provided staff direction concerning the updated Denton Municipal Electric (“DME”) financial model; and receive further competitive commercial, financial, and technical information from DME staff concerning the updated DME financial model; the assumptions used in the development of the model; including forecasting and planning strategies and options regarding the future operations and position of DME in a competitive, deregulated, restructured electric marketplace. The information presented involved issues and projections respecting a number of possible alternate electric competitive scenarios in which Denton might operate during the next twenty years. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086.** Consultation With Attorney --- Under TEX. GOV’T. CODE Section 551.071. Deliberations Concerning Real Property --- Under TEX. GOV’T. CODE, Section 551.072. 1. Considered, discussed, deliberated, and provided staff with direction respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton’s electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City’s electric generation assets. Conducted a consultation with the City’s City of Denton City Council Minutes January 4, 2000 Page 2 attorneys, in order to obtain the advice and recommendations of the City’s attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys’ duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. D. Consultation with Attorney – Under TEX. GOV’T. CODE Section 551.071. 1. Considered and discussed settlement of litigation styled Furstenberg Construction Company v. City of Denton, Texas, et al., Cause No. 98- th 20716-158, pending in the 158 District Court of Denton County, Texas. 2. Considered and discussed status of litigation styled Municipal Administrative Services, Inc. v. City of Denton, Cause No. 99-50263-367, th pending in the 367 District Court of Denton County, Texas, including mediation and possible settlement authority. Regular Meeting of the City of Denton City Council on Tuesday, January 4, 2000 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members, Cochran, Durrance, Kristoferson and Young. ABSENT: Council Member Burroughs 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PRESENTATIONS/PROCLAMATIONS 2. Mayor Miller presented the January Yard of the Month Awards to: Shawn and Terry Kelly Mulkey/Mason Funeral Home 3. Fry Street Small Area Planning Award The Mayor and Council received the award from Karen Mitchell representing the Midwest Section of the Texas Chapter of the American Planning Association. 4. Resolution of Appreciation The Council considered approval of a resolution of appreciation for Bill Giese. Cochran motioned, Beasley seconded to approve the resolution. On roll vote, Beasley “aye”, Cochran City of Denton City Council Minutes January 4, 2000 Page 3 “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. CITIZEN REPORTS 5. The Council received a report from Tom Atkins regarding the city’s health insurance. Mr. Atkins presented his issue regarding the City’s health insurance in written comments. A copy of those comments was included with the agenda back-up materials. 6. The Council received a report from Mildred Hawk and Raymond Redmon regarding historical bridges. Ms. Hawk and Mr. Redmon stated that they had determined that the City could use two historical bridges and suggested that the funds be found to move the bridges. They encouraged the Council to follow through with their suggestions for the bridges. 7. The Council received a report from Dessie Goodson regarding the City of Denton. Ms. Goodson presented a report on the public transportation system and the schedule that she felt was used during the holiday season. 8. The Council received a report from Ross Melton regarding “You’ve Got Mail!” Mr. Melton stated that he had sent letters to the Council and to the City and had not received any response to those letters. 9. The Council received a report from Bridger Tatum regarding wastewater billing procedures. Mr. Tatum stated he was concerned about the manner in which the City billed for wastewater. He felt it was incorrect as he was paying more than 20% of the water than he was taking in. He asked that the City review the procedures for individuals who used smaller amounts of water. CONSENT AGENDA Cochran motioned, Durrance seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 10. Approved a tax refund to KM Leasing, Inc. The 1999 tax was paid twice, resulting in an overpayment. 11. NO. 2000-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS ENERGY City of Denton City Council Minutes January 4, 2000 Page 4 TRANSFER CO., LTD. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2438 – NATURAL GAS AWARDED TO TEXAS ENERGY TRANSFER CO., LTD. FOR THE MONTHLY CONSIDERATION FOR THE SPOT PURCHASE OF NATURAL GAS) 12. NO. 2000-02 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF BASEBALL BACKSTOPS AND FENCING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2442 – MACK PARK BASEBALL BACKSTOPS AND FENCING AWARDED TO J & J CONSTRUCTION, INC. IN THE AMOUNT OF $121,480) 13. NO. 2000-03 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ORNAMENTAL LAMP POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2434 – ORNAMENTAL LAMP POLES AWARDED TO LONE STAR PRESTRESS MFG., INC. IN THE AMOUNT OF $350 EACH, FOR AN ESTIMATED ANNUAL EXPENDITURE OF $70,000) 14. Approved a recommendation from the Oversight Committee to transfer $70,000 from 1986 sidewalk funds to fund the truck route signage on U.S. 380. 15. NO. 2000-04 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRUCK ROUTE SIGNAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2440 – LOOP 288 TRUCK ROUTE SIGNAGE AWARDED TO MICA CORPORATION IN THE AMOUNT OF $69,251.10) 16. NO. 2000-05 AN ORDINANCE APPROVING THE CALENDAR YEAR 2000 (“CY2000”) BUDGETS FOR THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS COUNCIL, THE DENTON CHAMBER OF COMMERCE, AND THE NORTH TEXAS STATE FAIR; AND PROVIDING AN EFFECTIVE DATE. 17. NO. 2000-06 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING THERETO SECTION 26-233 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN” AND SECTION 26- 234 “CRIMINAL AND CIVIL PENALTIES”, ADOPTING A WATER City of Denton City Council Minutes January 4, 2000 Page 5 CONSERVATION PLAN IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW; ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 PER VIOLATION AND A CIVIL PENALTY NOT TO EXCEED $1,000 PER DAY PER VIOLATION AND VARIOUS 20% SURCHARGE PENALTIES ON EXCESSIVE WATER USE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 18. NO. R2000-01 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION SO THAT A PROJECT APPROVED IN THE 1999-2000 CAPITAL IMPROVEMENT BUDGET MORE FULLY DESCRIBED IN THE ATTACHMENT TO THIS RESOLUTION MAY BE COMMENCED; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 19. The Council held a public hearing and considered a request to amend the Concept Plan for a Planned Development (PD-115) encompassing approximately 230 acres. The property was generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal was for mixed-use development including single-family residential, multi-family residential, commercial use open space and a school site. The Planning and Zoning Commission recommended approval 5-0 with conditions. (Z-99-061R, Smith Tract Concept Plan) Mark Donaldson, Assistant Planning Director, presented a staff report on the proposal. Details of the proposal were located in the agenda back-up materials. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Tary Arterburn, developer, - favor Roland Payne – favor Cheryl Hassell, 2712 Stephen Drive, Denton 76207 – favor Wallace Duke, Bonnie Brae, Denton, 76207 – favor Dorothy Smith – 3309 North Bonnie Brae, Denton 76207 – favor Dillon Smith, 3604 Lynwood Drive, Arlington, 76013 – favor Rick Gibbons, 327 Westgate, Denton, 76207 – opposed Sherry Darby, 2208 Crestmeadow, Denton, 76207 – opposed Todd Parton, DISD - neutral The following individuals submitted comment cards: City of Denton City Council Minutes January 4, 2000 Page 6 Shawn and LaRae Smith, 2291 Wheat Hill Road, Sanger, 76266 – favor John Smith, 3309 North Bonnie Brae, Denton, 76207 – favor Earla Smith, 3604 Lynwood, Arlington, 76013 – favor Joyce Poole, 3021 North Bonnie Brae, Denton, 76207 - opposed The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-007 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 86-101 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 230.11 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-061R) Young motioned, Beasley seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission plus 80% masonry (brick or stone), the submission of a letter of intent for a school site prior to approval of the preliminary plat, no more than 80% of units would be greater than 2 bedroom for a total of 400 bedrooms. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “nay, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. Council Member Cochran left the meeting. 20. The Council held a public hearing and considered a request to approve a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property was generally located north of Windsor Road between Bonnie Brae and Westgate. A school site, open space and single-family residential use were proposed. The Planning and Zoning Commission recommended approval 5-0 with conditions. (Z-99-073R, Smith Tract Detailed Plan) Mark Donaldson, Assistant Planning Director, presented an overview of the proposed detailed plan. The agenda back-up materials included the specifics on the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Tary Arterburn – favor Bill Williamson – neutral Mayor Miller indicated that the following individuals had submitted speaker cards but did not wish to address the Council: City of Denton City Council Minutes January 4, 2000 Page 7 Joyce Poole, 3021 North Bonnie Brae, Denton, 76207 – opposed Cheryl Hassell, 2712 Satephen, Denton, 76207 – favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-008 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE APPROVAL OF A DETAILED PLAN CONTAINING 193.888 ACRES WITHIN THE AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-073) Beasley motioned, Young seconded to adopt the ordinance with the conditions recommended by the Planning and Zoning Commission. On roll vote, Beasley “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-1 vote. 21. The Council held a public hearing and considered a request to amend condition one (1) of Ordinance No. 95-198. The 1.2+ acre property, commonly known as 3912 Teasley Lane, was located at the northwest corner of Teasley Lane and Ryan Road and was zoned General Retail conditional (GR[c]). The amendment would allow auto laundry as a permitted use. The Planning and Zoning Commission recommended approval 6-0 with conditions. (Z-99-085, 3912 Teasley Lane) Mark Donaldson, Assistant Planning Director, presented an overview of the proposal. Details of the proposal were located in the agenda back-up materials. 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. 2000-009 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 95-198 WHICH ESTABLISHED A GENERAL RETAIL CONDITIONED (GR[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.233 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (F.M. 2181) ALSO KNOWN AS 3912 TEASLEY LANE; City of Denton City Council Minutes January 4, 2000 Page 8 PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99- 085) Young motioned, Beasley seconded to adopt the ordinance with the conditions as recommended by the Planning and Zoning Commission. On roll vote, Beasley “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 22. The Council held a public hearing and considered adopting an ordinance annexing and zoning approximately 1.5 acres locate west of State School Road north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommended approval 7-0. Second reading. (A-94, Oakmont II, Boundary Adjustment with City of Corinth) City Manager Jez stated that as there was not a full Council present and six votes were required for an annexation, Council could postpone action on this issue. The original intent was to th schedule a Special Called meeting on January 11. However, if Council failed to act prior to th January 10, the process would be invalidated and would have to start over again. He suggested a Special Called meeting prior to January 11th or begin the process over. A noon meeting on th January 10 could be held for just this one item. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Durrance motioned, Young seconded to postpone action on both the annexation and zoning until th January 10. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 23. The Council held a public hearing and considered adopting an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing Planned Development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommended approval. Second reading (A-95, Oakmont IV, Boundary Adjustment with City of Corinth) City Manager Jez stated that the same conditions applied to this item as for Item #22. The Mayor opened the public hearing on the zoning proposal. No one spoke during the public hearing. The Mayor closed the public hearing. City of Denton City Council Minutes January 4, 2000 Page 9 th Beasley motioned, Young seconded to postpone consideration until January 10. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 24. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for planning services by and between the City and Denton County Electric Cooperative, Inc. D/B/A CoServe Electric for aerial photography services; authorizing the expenditure of funds therefore and providing an effective date. The following ordinance was considered: NO. 2000-010 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PLANNING SERVICES BY AND BETWEEN THE CITY AND DENTON COUNTY ELECTRIC COOPERATIVE, INC. D/B/A COSERVE ELECTRIC FOR AERIAL PHOTOGRAPHY SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 25. The Council considered adoption of an ordinance of the City of Denton, Texas approving an amendment to the existing interim wastewater treatment services contract between the City of Denton, Texas and the Upper Trinity Regional Water District (UTRWD) heretofore executed on November 20, 1990, extending the term thereof for an additional six month period; authorizing the City Manager to execute said amendment; providing for retroactive effect of said amendment; and providing an effective date. The following ordinance was considered: NO. 2000-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE EXISTING INTERIM WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD) HERETOFORE EXECUTED ON NOVEMBER 20, 1990, EXTENDING THE TERM THEREOF FOR AN ADDITIONAL SIX MONTH PERIOD; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT; PROVIDING FOR RETROACTIVE EFFECT OF SAID AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes January 4, 2000 Page 10 Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 26. The Council considered adoption of an ordinance authorizing settlement of litigation styled Furstenberg Construction Co., Inc. v. City of Denton, Texas, et al., Cause No. 98-20716- th 158, currently pending in the 158 District Court of Denton County, Texas; authorizing the City Manager and the City Attorney to act on the City’s behalf in executing any and all documents necessary to effect such settlement under the terms set forth in the attached mediation settlement agreement, and to take such other actions deemed necessary to finalize the settlement and release of claims; authorizing the expenditure of funds necessary to effect the settlement in an amount not to exceed the $23,463.00 previously held in retainage; and declaring an effective date. The following ordinance was considered: NO. 2000-012 AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED FURSTENBERG CONSTRUCTION CO., INC. V. CITY OF DENTON, TEXAS, ET AL., TH CAUSE NO. 98-20716-158, CURRENTLY PENDING IN THE 158 DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY’S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED MEDIATION SETTLEMENT AGREEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED THE $23,463.00 PREVIOUSLY HELD IN RETAINAGE; AND DECLARING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 27. The Council considered adoption of an ordinance approving a real estate contract by and between the City of Denton and Mark Kempe relating to the City’s purchase of 207.54 acres of real property, more or less, in the J. Douthit Survey, Abstract No. 329, in Denton County, Texas, for public use by the City Wastewater Utility Department; authorizing the City Manager to execute said Real Estate Contract and such other and further documents as shall be necessary and appropriate to consummate the purchase of said real property; authorizing the expenditure of funds therefore; and providing an effective date. (The Public Utilities Board recommended approval.) The following ordinance was considered: City of Denton City Council Minutes January 4, 2000 Page 11 NO. 2000-013 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BY AND BETWEEN THE CITY OF DENTON AND MARK KEMPE RELATING TO THE CITY’S PURCHASE OF 207.54 ACRES OF REAL PROPERTY, MORE OR LESS, IN THE J. DOUTHIT SURVEY, ABSTRACT NO. 329, IN DENTON COUNTY, TEXAS, FOR PUBLIC USE BY THE CITY WASTEWATER UTILITY DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID REAL ESTATE CONTRACT AND SUCH OTHER AND FURTHER DOCUMENTS AS SHALL BE NECESSARY AND APPROPRIATE TO CONSUMMATE THE PURCHASE OF SAID REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Emory D. Groening relating to the purchase of 0.145 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-014 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EMORY D. GROENING RELATING TO THE PURCHASE OF 0.145 ACRES OF LAND FOR THE RINEY ROAD REALIGNMENT WITH U.S. HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 29. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Eva Elaine, Inc., relating to the purchase of 1.06 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-015 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVA ELAINE, INC., RELATING TO THE PURCHASE OF 1.06 ACRES OF LAND FOR THE RINEY ROAD REALIGNMENT WITH U.S. City of Denton City Council Minutes January 4, 2000 Page 12 HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 30. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Charles R. Jackson relating to the purchase of 0.462 acres of land for the Riney Road realignment with U.S. Highway 77; authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-016 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLES R. JACKSON RELATING TO THE PURCHASE OF 0.462 ACRES OF LAND FOR THE RINEY ROAD REALIGNMENT WITH U.S. HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 31. The Council considered approval of an ordinance of the City of Denton, Texas, amending Ordinance No. 99-474 by establishing exceptions for certain commercial uses from the moratorium established pending the adoption of interim standards for applying policies of the adopted Comprehensive Plan to certain commercial development applications prior to adoption of a revised land development code; providing for a specific exemption for public projects from the commercial development application moratorium; providing for a savings clause; providing for severability clause; and providing for an effective date. Dave Hill, Assistant City Manager for Development, presented an overview of the amendment as detailed in the agenda back-up materials. The following ordinance was considered: NO. 2000-017 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-474 BY ESTABLISHING EXCEPTIONS FOR CERTAIN COMMERCIAL USES FROM THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR A SPECIFIC EXEMPTION FOR PUBLIC PROJECTS City of Denton City Council Minutes January 4, 2000 Page 13 FROM THE COMMERCIAL DEVELOPMENT APPLICATION MORATORIUM; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. Bill McCarty, 3912 E. McKinney, Denton 76208, spoke in support of the issue. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 32. The Council considered the following requests for relief from the provisions of Ordinance 99-474, establishing a moratorium to certain specified commercial development applications: a. Kwik Industries b. Children’s Lighthouse Learning Center c. Denton Independent School District projects d. Denton Cancer Center e. Shadow Brook Place f. Metzler’s Addition Dave Hill, Assistant City Manager for Development Services, stated that Item 32c. was removed from consideration. Council considered Item 32a. Beasley motioned, Young seconded to approve the relief from the provisions of Ordinance 99- 474. On roll vote, Beasley “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-1 vote. Council considered Item 32b. Kristoferson motioned, Beasley seconded to approve the relief from the provisions of Ordinance 99-474. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Council considered Item 32d. Young motioned Kristoferson seconded to approve the relief from the provisions of Ordinance 99-474. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Council considered Item 32e. Beverly Stephens, 420 El Paseo, Denton, 76205 spoke in favor of the issue. City of Denton City Council Minutes January 4, 2000 Page 14 Kristoferson motioned, Young seconded to approve the relief from the provisions of Ordinance 99-474. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Council considered Item 32f. Kristoferson motioned, Young seconded to approve the relief from the provisions of Ordinance 99-474. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 33. The Council considered nominations/appointments to Boards and Commissions. No nominations/appointments were made at this meeting. 34. Miscellaneous matters from the City Manager. th City Manager Jez reminded Council that the Closed Session on January 11 would begin at 5:30 p.m. so that Early Voting could be completed. 35. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Durrance asked for a discussion on self-insured plans for health insurance. B. Council Member Durrance asked for the factors involved for purchase of two county bridges. 36. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 37. The following official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act was taken: Beasley motioned, Young seconded to approve the course of action suggested by the City Attorney in Closed Session. On roll vote, Beasley “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 10:26 p.m. ______________________________ JACK MILLER, MAYOR ____________________________ CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS