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Minutes March 21, 2000CITY OF DENTON CITY COUNCIL MIINUTES March 21, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, March 21, 2000 at 5:15 p.m. in the City of Denton City Manager’s Conference Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. Closed Meeting: a. Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086.** Deliberations Concerning Real Property --- Under TEX. GOV’T. CODE, Section 551.072. (1) Received information from Staff, discussed, deliberated, considered, 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. Regular Meeting of the City of Denton City Council on Tuesday, March 21, 2000 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Peldge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of January 18, January 19, January 25, February 1, and February 8, 2000. Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. CITIZEN REPORTS 3. The Council received a report from Christine McAdams regarding the widening of Morse Street. City of Denton City Council Minutes March 21, 2000 Page 2 Ms. McAdams stated that she was still trying to resolve the paving lien situation regarding her property. 4. The Council received a report from Raymond Redmon regarding a bridge for Fred Moore Park. Mr. Redmon again expressed a need for placing a historical bridge from the County at Fred Moore Park and the time frame that was involved in the placing of this bridge. 5. The Council received a report from Tom Atkins regarding the City’s health insurance. Mr. Atkins again expressed a concern regarding the City’s health insurance program and the possible need to be self-insured. 6. The Council received a report from Willie Hudspeth regarding tree removal from his property. Mr. Hudspeth stated he was still disturbed with the removal of the trees on his property. CONSENT AGENDA Kristoferson motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 7. Approved a tax refund paid by Transamerica Tax Service for Ramona Perez. The 1999 tax was paid twice, resulting in an overpayment. 8. Approved a tax refund to Eckert Hyundai, Inc. The 1999 tax was overpaid, resulting in an overpayment. 9. Approved a tax refund to James Wood Autopark. The 1999 tax was overpaid, resulting in an overpayment. 10. Approved a tax refund to McNatt Toyota Dodge. The 1999 tax was overpaid, resulting in an overpayment. 11. Approved a tax refund to Clayton Estates. The 1999 tax was overpaid, resulting in an overpayment. 12. Approved a tax refund to Pulte Homes of Texas for Mark and Diana Johansen. The 1998 tax was paid twice, resulting in an overpayment. 13. Approved a tax refund to Transamerica for Mitchell Joseph. The 1999 tax was paid twice, resulting in an overpayment. City of Denton City Council Minutes March 21, 2000 Page 3 14. Approved a tax refund to Richard J. Fisher. The 1999 tax was paid twice, resulting in an overpayment. 15. NO. 2000-099 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON BOTH SIDES OF DUCHESS DRIVE FROM ITS INTERSECTION WITH MCKINNEY STREET SOUTH FOR FOUR HUNDRED AND FORTY-SIX FEET (446 FEET); PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. 16. NO. 2000-100 AN ORDINANCE ESTABLISHING A BICYCLE AND PEDESTRIAN LANES ON BOTH SIDES OF HERCULES FROM ITS INTERSECTION WITH STUART ROAD TO ITS INTERSECTION WITH REDSTONE ROAD; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 17. NO. 2000-101 AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. 18. NO. 2000-102 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. 19. NO. 2000-103 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE PERSONAL SERVICES CONTRACT PROVIDING TECHNICAL SUPPORT FOR RIGHT-OF-WAY ACQUISITION ASSOCIATED WITH U.S. 77 ROAD WIDENING PROJECT BETWEEN THE CITY OF DENTON AND ROGER WILKINSON; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PO #92249 TO ROGER WILKINSON IN THE AMOUNT OF $120,000 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $25,000) 20. NO. 2000-104 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES, OR SERVICES IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; PROVIDING City of Denton City Council Minutes March 21, 2000 Page 4 AN EFFECTIVE DATE. (PO #02323 TO LAYNE – TEXAS IN THE AMOUNT OF $25,630) 21. NO. 2000-105 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; PROVIDING AN EFFECTIVE DATE. (PO #03622 TO DARR EQUIPMENT CO. IN THE AMOUNT OF $27,498.75) 22. NO. 2000-106 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR AN EMERGENCY PURCHASE OF MATERIAL, SUPPLIES AND SERVICE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PO #03944 TO THE ANDREW JOSEPH CO. INC. IN THE AMOUNT OF $27,022) 23. NO. 2000-107 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR A SECOND 12/20/25 MVA POWER TRANSFORMER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE FOR SECOND AWARD. (BID #2408 – POWER TRANSFORMER AWARDED TO WAUKESHA ELECTRIC SYSTEM, DIVISION OF GENERAL SIGNAL POWER SYSTEMS IN THE AMOUNT OF $427,459) 24. NO. 2000-108 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE ANNUAL SUPPLY OF COMMERCIAL REFUSE CONTAINERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2462 – ANNUAL PRICE AGREEMENT FOR REFUSE CONTAINERS IN THE ESTIMATED AMOUNT OF $140,000) 25. NO. 2000-109 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF 30 CUBIC YARD SELF- CONTAINED REFUSE COMPACTORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2468 – 30 CUBIC YARD SELF-CONTAINED COMPACTORS AWARDED TO GALBREATH INC. IN THE AMOUNT OF $10,375 EACH, ESTIMATED ANNUAL EXPENDITURE $83,000) City of Denton City Council Minutes March 21, 2000 Page 5 26. NO. 2000-110 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF THREE HYDRAULIC DIGGER DERRICK TRUCKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2469 – DIGGER DERRICK TRUCKS AWARDED TO PETERBILT MOTORS CO./DALLAS PETERBILT INC. IN THE TOTAL AMOUNT OF $409,799 INCLUDING $74,000 FOR TRADE-IN OF TWO OLDER UNITS) 27. NO. 2000-111 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF MISCELLANEOUS PAVEMENT MARKING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2473 – MISCELLANEOUS PAVEMENT MARKINGS AWARDED TO ASC PAVEMENT MARKINGS, INC. IN THE ESTIMATED AMOUNT OF $39,900) 28. NO. 2000-112 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2479 – WOOD GRINDING FOR COMPOST OPERATION AWARDED TO THELIN RECYCLING CO. IN THE ESTIMATED AMOUNT OF $93,000) 29. NO. 2000-113 AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE OF DESKTOP PC’S, NOTEBOOKS, SOFTWARE, AND PERIPHERALS AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, DEPARTMENT OF INFORMATION SERVICES (DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PO #03628 TO DELL FINANCIAL SERVICES IN THE AMOUNT OF $157,233 PER 6 MONTHS FOR A TOTAL AMOUNT OF $943,398 INCLUDING 36 MONTHS LEASE FINANCING) 30. This item was pulled from consideration. 31. NO. 2000-114 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVELYN BARTHOLD, ET. AL., RELATING TO THE PURCHASE OF APPROXIMATELY 1.7 ACRES OF LAND AT THE NORTHWEST CORNER OF I-35 AND LOOP 288 IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 141 FOR THE CONSTRUCTION OF A WATER STORAGE FACILITY; City of Denton City Council Minutes March 21, 2000 Page 6 AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 32. NO. 2000-115 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER AND EXTENSION TO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SPAN, INC. RELATING TO PUBLIC TRANSPORTATION WITHIN THE CITY; AUTHORIZING EXPENDITURE OF FUNDS AS PROVIDED IN SAID FIRST AMENDMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (RFSP 1762 – OPERATION OF PUBLIC TRANSPORTATION SERVICE AWARDED TO SPAN, INC.) ITEMS FOR INDIVIDUAL CONSIDERATION 33. The Council considered approval of recommendations from the Oversight Committee. Euline Brock, Chair of the Oversight Committee, stated that the Committee made the following recommendations for uses of the bond funds: Miscellaneous Street – McKinney Street from Bell Avenue to Jannie, Avenue E from Avenue E/D to Oak, Oakwood from Mercedes to Cul-de-Sac, Palmwood from Glenwood to Kayewood Miscellaneous Signals – coordinating the signals on Fort worth Drive, Teasley Lane from I-35E north, and on Lillian Miller/Teasley Lane form I-35W south, if funding was available. Beautification Project – repair of the median on Carroll Blvd., signage at City Hall, median repair and renovations to medians on Dallas Drive, and water conservation landscape at Bell/Robertson. Dr. Brock noted that these miscellaneous categories were all funded in the first year of the capital improvements program. Beasley motioned, Kristoferson seconded to approve the recommendations of the Committee. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 34. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for 2001 Fort Worth Drive, a proposal to plat 2.38 acres in a Light Industrial (LI) zoning district. (RN-00-008) Doug Powell, Director of Planning and Development, reviewed the details of the request for relief. Ken Hendricks, 420 South Bell, Denton, 76201, spoke regarding the issue. Don Fraizer presented a comment card regarding the issue. City of Denton City Council Minutes March 21, 2000 Page 7 Young motioned, Cochran seconded to grant the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. 35. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 5.0 acre parcel north of Mingo Road approximately 850 feet west of Cooper Creek. A building permit for a 10,000 to 12,000 SF building in a Light Industrial (LI) zoning district was proposed. (RN-00-007) Doug Powell, Director of Planning and Development, presented the details regarding the request for relief as noted in the agenda materials. Beasley motioned, Cochran seconded to grant the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 36. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for 2225 E. McKinney, a Planned Development Detailed Plan proposal for office and residential development. Doug Powell, Director of Planning and Development, presented the details regarding the request for relief as noted in the agenda materials. Dick Kelsey, 206 Ridgecrest Circle, Denton, 76205, spoke regarding the issue. Burroughs motioned, Durrance seconded to grant the relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 37. The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for the following building permits applications: a. 3517 Teasley, Small Animal Clinic, 2,200 square feet b. 1611 E. McKinney, Hawkins Car Wash, 2,404 square feet c. Daugherty Street, Lease Building, 6,520 square feet d. 1209 Bent Oaks, Medical Office, 3,804 square feet e. Teasley at I-35, Exxon Store, 3,000 square feet f. 1101 Dallas Drive, Quik Stop, 1,472 square feet g. Mingo Road, Telemarketing Business, 36,465 square feet h. 526 Smith, Mechanic Shop, 546 square feet i. 600 Smith, Lease Building, 10,000 square feet j. Nowlin Road, Prime Co. Cell Tower, 130 square feet k. 408 Wainwright, Lease Office, 10,728 square feet l. 1201 Parvin, Borman Elementary, 26,000 square feet m. 3300 Evers Park, Evers Park Elementary, 12,577 square feet n. 820 Sun Valley, Ginnings Elementary, 17,000 square feet o. Colorado Drive, Medical Office Building, 33,161 square feet p. Bolivar, St. Andrews Presbyterian Church, 16,660 square feet City of Denton City Council Minutes March 21, 2000 Page 8 q. 520 Ft. Worth Drive, AB Storage, 23,160 square feet r. Airport Road, Tetra-Pak Addition, 26,000 square feet s. Colorado Boulevard, Medical Office Building, 3,3612 square feet t. 1210 Duncan, Warehouse, 16,500 square feet Doug Powell, Director of Planning and Development, stated that the above items were applications at a building permit stage that were placed in the interim regulations. The developers were ready to begin with building permits but must be exempted from the interim regulations in order to proceed. Item e. was pulled as it was not platted. Jeff Hawkins, P.O. Box 1250, Denton, 76202 spoke in favor of Item b. Council Member Kristoferson requested that Items c, j q, t be pulled for separate consideration. Beasley motioned, Young seconded to approve requests for relief except for Items c, e, j, q, and t. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Item c. Burroughs motioned, Young seconded to approve the request. Durrance motioned, Kristoferson seconded to postpone consideration of Items c, j, q, and t to allow for further review. On roll vote, Beasley “nay”, Burroughs “nay”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 2-5 vote. On roll vote to approve Item c., Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. Item j. was considered. Kristoferson motioned, Cochran seconded to deny the request. Burroughs motioned, Beasley seconded to postpone consideration to allow for further review. Scott Cates, 5220 Tartan Circle, Denton, 76208, spoke regarding the issue. On roll vote, Beasley “nay”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “nay”. Motion carried with a 4-3 vote. Item q. was considered. Burroughs motioned, Young seconded to approve the request. Kristoferson motioned, Durrance seconded to postpone consideration to allow for further review. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 5-2 vote. City of Denton City Council Minutes March 21, 2000 Page 9 Item t. was considered. Beasley motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 38. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Mayhill Road Realty Co., relating to the purchase of 0.9628 acre of land located in the Gideon Walker Survey, Abstract No. 1330, or Denton County, Texas, for the utilization for electrical substation expansion authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered: NO. 2000-116 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MAYHILL ROAD REALTY CO., RELATING TO THE PURCHASE OF 0.9628 ACRE OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, OR DENTON COUNTY, TEXAS, FOR THE UTILIZATION FOR ELECTRICAL SUBSTATION EXPANSION AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 39. The Council considered adoption of an ordinance of the City of Denton, Texas, partially abandoning and vacating three sixty foot easements that extend from Stanley Street, Thomas Street, and Hillcrest Street recorded in Volume 408, Page 33 of the Deed Records of Denton County, Texas; and declaring an effective date. The following ordinance was considered: NO. 2000-117 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PARTIALLY ABANDONING AND VACATING THREE SIXTY FOOT EASEMENTS THAT EXTEND FROM STANLEY STREET, THOMAS STREET, AND HILLCREST STREET RECORDED IN VOLUME 408, PAGE 33 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Item 41 was considered. City of Denton City Council Minutes March 21, 2000 Page 10 41. The Council considered adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0.125 acre fire lane and access easement being located in the R. Beaumont Survey, Abstract No. 31 in the City of Denton, Denton County, Texas; authorizing the City Manager or his designee to make an offer to purchase the easement for its fair market value and if such offer is refused, authorizing the City Attorney or his designee to institute the necessary proceedings in condemnation in order to acquire the easement; and providing an effective date. Dave Hill, Assistant City Manager for Development, presented the details regarding the proposal as noted in the agenda materials. The following individuals spoke regarding the issue: Tim McNamarah, representing Kroger Ken Burdick, 2112 Pembrook, Denton, 76201-opposition Phil Philips, 525 N. Locust, Denton, 76201 – opposition The following individuals submitted Comment cards: Scott Richter, 525 S. Carroll, Denton, 76201 - opposition Greg Muirhead, 1820 Panhandle, Denton, 76201 - opposition Weldon Lucus, 127 N. Woodrow Lane, Denton, 76201 - opposition Carl Anderson, 114 Mustang Trail, Shady Shores, 76208 - opposition Wayne Johnson, 205 N. Elm, Denton, 76201 - opposition Dale Irwin, 2912 Chapel, Denton, 76205 - opposition Lloyd Ballard, 2712 Hartlee Court, Denton, 76208 - opposition Robert Bell, 1220 Duncan, Denton, 76206 - opposition Mark Foster, P.O. Box 312, Krum, 76249 - opposition Eddie Ary, 331 Radecke Road, Krum, 76248 - opposition R. D Martin, P.O. Box 729, Lake Dallas, 75065 - opposition Dale McKnight, 7066 Ganzer Road, Denton, 76207 - opposition Dale Frasier, 1740 Westminster, Denton, 76205 - opposition Cochran motioned, Young seconded to deny approval of the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 40. The Council considered adoption of an ordinance approving an agreement between the City of Denton, Texas and RPI providing for the payment of the cost of condemnation for a fire lane and access easement in the R. Beaumont Survey, Abstract No. 31; and providing an effective date. This item was not considered. 42. The Council considered adoption of an ordinance authorizing the City Manager to sign an agreement partially releasing an easement granted to the City from a blanket easement previously assigned to the City of Denton from Brazos Electric Power Cooperative; and providing an effective date. City of Denton City Council Minutes March 21, 2000 Page 11 The following ordinance was considered: NO. 2000-118 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT PARTIALLY RELEASING AN EASEMENT GRANTED TO THE CITY FROM A BLANKET EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF DENTON FROM BRAZOS ELECTRIC POWER COOPERATIVE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 43. The Council considered nominations and appointments to the City’s Boards and Commissions. Council Member Kristoferson nominated Audrey Bryant to the Human Services Advisory Committee. Council Member Kristoferson nominated Michael Monticino to the Traffic Safety Commission. Council Member Cochran nominated Jay Thomas to the Construction Appeals and Advisory Board. Mayor Pro Tem Beasley nominated Lisa Hinojosa to the Community Development Advisory Board. Council Member Burroughs nominated Adrian Norris to the Library Board. Council Member Durrance nominated Robyn Mullendore to the Zoning Board of Adjustment. Beasley motioned, Durrance seconded to suspend the rules and vote on the above nominations at this meeting. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. On roll vote for the nomination to the Human Services Advisory Committee, Traffic Safety Commission, Construction Advisory and Appeals Board, Community Development Advisory Committee and Zoning Board of Adjustment, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. On roll vote for the Library Board nomination. Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes March 21, 2000 Page 12 44. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Kristoferson asked for further information regarding animals roaming loose in neighborhoods and that the staff contact the individual in the paper with a recent editorial regarding the City’s policy. B. Council Member Kristoferson requested that the telecommunications ordinance be scheduled for the next available work session. 45. Items from the City Manager City Manager Jez did not have any items for Council. 46. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 47. There was no official Action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:46 p.m. __________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS