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Minutes May 02, 2000 CITY OF DENTON CITY COUNCIL MINUTES May 2, 2000 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Special Called Meeting on Tuesday, May 2, 2000 at 11:00 a.m. in the City Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, and Durrance. ABSENT: Council Members Kristoferson and Young. 1. The Council received and opened bids regarding City of Denton General Obligation Bonds, Series 2000. David Medanich, First Southwest Company, opened the bids and read the effective interest rate as follows: Prudential Securities, 5.8008; First Southwest Company, 5.736; Southwest Securities, 5.749; Payne Webber, 5.791. He stated that all of the bids had been checked for accuracy and timeliness. 2. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 2000, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. The following ordinance was considered: NO. 2000-163 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 2000, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance awarding the bid to First Southwest Company. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, and Mayor Miller “aye”. Motion passed unanimously. 3. The Council received and opened bids regarding City of Denton Certificates of Obligation Bonds, Series 2000. David Medanich, First Southwest Company, read the bids received with the effective interest rate: Prudential, 5.804; First Southwest Company, 5.7402; Payne Webber, 5.794; Southwest Securities, 5.797. He stated that the bids had been checked for accuracy and timeliness. 4. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation Bonds, Series 2000, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. The following ordinance was considered: City of Denton City Council Minutes May 2, 2000 Page 2 NO. 2000-164 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION BONDS, SERIES 2000, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance awarding the bid to First Southwest Company. With no further business, the meeting was adjourned at 11:15 a.m. After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, May 2, 2000 at 5:15 p.m. in the City of Denton Council Work Session 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. 1. Received information from Staff pertaining to several issues respecting the present and future efficient maintenance, repair, and operation of the Spencer Generation Plant, and discussed, deliberated, considered, and provided Staff with direction respecting such issues. 2. Considered final action regarding the lifting and cancellation of the condition expressed and set forth in Ordinance No. 2000-152, as enacted by the Council on April 18, 2000; and final action unconditionally approving the Agreement and Purchase Order entered into by and between the City of Denton and Applied Utility Systems, Inc. for the purchase of combustion technology equipment and related professional engineering services; authorizing the expenditure of funds therefor; and providing an effective date. 3. Received a presentation and information from Staff respecting valuation issues related to electric transmission and distribution assets owned by Denton Municipal Electric; and discuss, deliberate, consider, and provide Staff with direction respecting such issues. B. Deliberations Regarding Real Property – Under TEX. GOV’T. CODE Section 551.072. City of Denton City Council Minutes May 2, 2000 Page 3 1. Considered possible real property acquisition including value for relocation of Edwards and Mayhill Roads near State School Road, in the D. Lambert Survey, Abstract 784, in the M.E.P. & P.R.R. Co. Survey, Abstract 950, and in the G. Walker Survey, Abstract 1330 in the City of Denton. C. Consultation with Attorney – Under TEX. GOV’T. CODE Section 551.071 1. Receipt of legal advice from the City’s attorneys regarding contemplated or threatened litigation concerning the RNW Addition and the rezoning thereof under Zoning Case 00-03, being an approximate 8.3 acre site located on the corner of Teasley and Teasley including discussion with the City’s attorneys of the legal aspects of such a rezoning under circumstances where the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas requires such discussions to be held in private. Regular Meeting of the City of Denton City Council on Tuesday, May 2, 2000 at 6:30 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 Pledge of Allegiance to the U. S. and Texas flags. 2. The Council considered approval of the minutes of April 4 and April 11, 2000. Beasley motioned, Kristoferson 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. PROCLAMATIONS/PRESENTATIONS 3. Mayor Miller presented the following proclamations: A. Days of Remembrance B. Arson Awareness Week C. TWU Gymnastics Day D. Drinking Water Week 4. Presentation for Drinking Water Week Denton Municipal Utilities employees presented fun facts regarding water and water usage. City of Denton City Council Minutes May 2, 2000 Page 4 CITIZEN REPORTS 5. The Council received a report from Willie Hudspeth regarding tree removal from his property. Mr. Hudspeth reviewed the situation regarding the removal of trees from his property. He also commented on the types of businesses that were being allowed to develop in the southeast Denton area. CONSENT AGENDA Burroughs motioned, Kristoferson seconded to approve the Consent Agenda and accompanying ordinances and resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 6. Approved a tax refund to Stewart Title for TMI, Inc. The 1999 tax was paid twice, resulting in an overpayment. 7. Approved a tax refund to Extraco Mortgage for Mark & Terry Krantz. The 1999 tax was paid twice, resulting in an overpayment. 8. Approved a tax refund to First American Tax Service for John & Linda Yarbrough. The 1999 tax was paid twice, resulting in an overpayment. 9. Approved a tax refund to First American Tax Service for Doyle Davis. The 1999 tax was paid twice, resulting in an overpayment. 10. Approved a tax refund to First Denton Ltd. The 1998 taxable amount was lowered per court order of 12/29/99, resulting in an overpayment. 11. NO. 2000-155 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE DELINQUENT TAX ATTORNEY CONTRACT WITH THE LAW FIRM OF LINEBARGER, HEARD, GOGGAN, BLAIR, GRAHAM, PEÑA & SAMPSON, L.L.P., AND THE LAW FIRM OF GREGORY & BRADSHAW, P.C. EXTENDING THE CONTRACT FOR AN ADDITIONAL ONE YEAR TERM ENDING ON JUNE 30, 2001; AUTHORIZING THE CITY MANAGER TO GIVE WRITTEN NOTICE TO THE FIRM OF ITS DESIRE TO EXTEND THIS CONTRACT; AMENDING THE FIRM NAME AND MAKING ADDITIONAL CHANGES TO THE CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. 12. NO. R2000-017 A RESOLUTION APPROVING THE TRANSFER OF DUTIES AS VITAL STATISTICS REGISTRAR FROM THE CITY OF DENTON TO THE COUNTY City of Denton City Council Minutes May 2, 2000 Page 5 CLERK OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. 2000-156 AN ORDINANCE AUTHORIZING THE WITHDRAWAL OF A BID AND CANCELLATION OF AN AWARD OF A CONTRACT FROM AND TO SMITH LANDSCAPES FOR THE ANNUAL CONTRACT FOR MOWING SERVICES; PROVIDING FOR A NEW AWARD TO THE SECOND LOWEST RESPONSIBLE BIDDER; AND PROVIDING AN EFFECTIVE DATE. (BID 2467 – ANNUAL MOWING CONTRACT SECTION B AWARDED TO BLAGG LAWN SERVICE IN THE ESTIMATED ANNUAL AMOUNT OF $25,000) 14. NO. 2000-157 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF COPPELL RELATING TO PARTICIPATION IN THE CITY OF DENTON CONTRACT WHICH PROVIDES FOR THE PURCHASE OF OFFICE SUPPLIES AND SIMILAR MATERIAL; AND DECLARING AN EFFECTIVE DATE. (FILE 2502 – INTERLOCAL AGREEMENT WITH CITY OF COPPELL) 15. NO. 2000-158 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A SERVICE CONTRACT FOR THE CONSTRUCTION OF MISCELLANEOUS TRAFFIC SIGNAL INSTALLATIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2492 – CONSTRUCTION OF TRAFFIC SIGNALS AWARDED TO THE SINGLE RESPONDENT DURABLE SPECIALTIES, INC. IN THE ESTIMATED ANNUAL AMOUNT OF $110,000) 16. NO. 2000-159 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SALE OF SCRAP TRANSFORMERS; AND PROVIDING AN EFFECTIVE DATE. (BID 2493 – SALE OF SCRAP TRANSFORMERS AWARDED TO SESCO, INC.) 17. NO. 2000-160 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF LIME AND AGGREGATE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2494 – LIME AND AGGREGATE AWARDED AS LISTED) City of Denton City Council Minutes May 2, 2000 Page 6 18. NO. 2000-161 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS FOR THE LAKE RAY ROBERTS GROWTH MANAGEMENT PLAN; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS AS REQUIRED BY SUCH AGREEMENT, AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 19. The Council held a public hearing and considered rezoning approximately 8.3 acres, commonly known as RNW Addition from a Planned Development (PD-16) zoning district to Conditioned Neighborhood Service (NS) zoning district. The property was located at the southwest corner of Teasley Lane and Teasley Lane. The Planning and Zoning Commission’s motion to recommend approval failed (2-5). (Z-99-00-03, RNW Addition) Doug Powell, Director of Planning and Development, stated that this was a city initiated zoning proposal as it was determined to not be in compliance with the Comprehensive Plan. It would require a supermajority vote of Council for approval. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Kim Jenson, 829 Abbot’s Lane, Denton, 76205 – favor Teresa Andres, 34 Oak Forest Circle, Denton, 76205 – favor/postpone Robert Kissam, 2221 Loon Lake Road, Denton, 76205 - favor Dean Garner, 3002 Manor Court North, Denton – favor/postpone Tommy Thompson, 900 Ellison Park Circle, Denton, 76205 – favor Geof Bissell, 2013 Lamprey Circle, Denton, 76205 - favor Robyn Mullendore, 1139 Oakhurst, Denton, 76205 - favor Lee Rainey, 211 Royal Oaks Place, Denton, 76205 - favor Rodney Stubblefield, 2405 Kariba Lane, Denton, 76205 – favor Linda Chapel, 1019 Ridgecrest Circle, Denton, 76205–favor/postpone Lynn Thompson, 1520 Hunters Ridge Circle, Denton, 76205 – favor Marla Cartwright, 1143 Oakhurst, Denton, 76205 – favor Monya Satterfield, 1108 Chapel, Denton, 76205 – favor Norri Carcieri, 911 Smokerise Circle, Denton, 76205 - favor Harry Phillips, 1128 Bent Oaks Drive, Denton, 76205 – favor/postpone Don Bailey, 1408 Lynhurst Lane, Denton, 76205 - favor John Kokalis, 1400 Lynhurst, Denton, 76205 - favor John Alexander, 4811 Bluffview, Dallas, 75209 – opposed The following individuals submitted Comment Cards: Patricia Boosa, 43 Rolling Hills Circle, Denton, 76205 - favor Sharon Key, 1100 Ellison Park, Denton, 76205 - favor Dawn Ide, 3608 Lake Country Drive, Denton, 76205 - favor City of Denton City Council Minutes May 2, 2000 Page 7 Brenda Jordan, 3733 Lake Country Drive, Denton, 76205 - favor Nancy Leggett, 1105 Abbot’s Lane, Denton, 76205 - favor Troy and Kelly McFarland, 2316 Caddo Circle, Denton, 76205 - favor Robert Insley, 3600 Longhorn Drive, Denton, 76205 - favor Colette Yetka, 2520 Champlain Lane, Denton, 76205 - favor John Michael Weldon, 21 Highview Circle, Denton, 76205 - favor Stacy Weldon, 21 Highview Circle, Denton, 76205 - favor Jennifer Ponder, 2220 Stonegate Drive, Denton, 76205 - favor Kurt Jenson, 829 Abbot’s Lane, Denton, 76205 - favor Keri Scruggs, 3700 Longhorn Drive, Denton, 76205 - favor Rebecca and William Thomas, 1100 Indian Ridge, Denton, 76205 - favor Pam Rudd, 9 Rolling Hill Circle Denton, 76205 - favor Chris Spencer, 3725 Ranchman Blvd., Denton, 76205 - favor Johanna and Hunter Marshall, 3400 Santa Monica Drive, Denton, 76205 - favor Margaret Joy Kay, 705 Seville Road, Denton, 76205 - favor Cynthia Gray, 2517 Sundown, Denton, 76205 - favor Todd Gray, 2517 Sundown, Denton, 76205 - favor Sheral Thompson, 900 Ellison Park Circle, Denton, 76205 - favor Paul Rawley, 1421 Hunters Ridge Circle, Denton, 76205 - favor Clemencs Rawley, 1421 Hunters Ridge Circe, Denton, 76205 - favor Sandra Faust, 912 Ellison Park Circle, Denton 76205 - favor Lynn Michelson, 3701 Lake Country Drive, Denton, 76205 - favor Greg Bristow, 901 Smokerise Circle, Denton, 76205 - favor Diane Jolly, 1127 Oakhurst, Denton, 76205 - favor Herman and Elizabeth Vogt, 2017 Lamprey Circle, Denton, 76205 - favor B. B. McMenamy, 2305 Stonegate Circle, Denton, 76205 - favor Lavern and Bonnie Bassett, 905 Ridgecrest Circle, Denton, 76205 - favor Robert and Nydia Sigler, 920 Ellison Park Circle, Denton, 76205 - favor Debbie Leonardi, 800 Smokerise Circle, Denton, 76205 - favor James Leonardi, 800 Smokerise Circle, Denton, 76205 - favor Lynn Thompson, 1520 Hunters Ridge, Denton, 76205 - favor Paula Scott, 704 Smokerise Circle, Denton, 76205 - favor Seema Mazhar, 3804 Granada Trail, Denton, 76205 - favor Charmaine Asouza, 1113 Indian Ridge Drive, Denton, 76205 - favor Mary Woodruff, 704 Lafayette, Denton, 76205 - favor The Mayor closed the public hearing. Mayor Pro Tem Beasley asked for a comment from the DISD representatives. Gene Holloway, Planner-DISD, stated that the DISD had particular concerns that needed to be addressed regarding the proposal. Council discussed the proposed uses for the property under the current regulations and future regulations. City of Denton City Council Minutes May 2, 2000 Page 8 Mayor Pro Tem Beasley stated that she was concerned that the City had not met regarding the District’s concerns and had not received comments from the DISD. Some of the individuals at the meeting had expressed concerns regarding traffic. Beasley motioned, Kristoferson seconded to postpone consideration until the next regular City Council meeting and asked staff to meet with the DISD for comments regarding their opposition to the proposal. 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. ITEMS FOR INDIVIDUAL CONSIDERATION 20. The Council considered an appointment by the City Manager of a new member to the Civil Service Commission. City Manager Jez appointed Vincent Ramos. Beasley motioned, Burroughs seconded to approve the appointment. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 21. The Council considered and took action on a request for relief from the Residential ± Interim Regulations, Ordinance 2000-069, for Regency Oaks Phase II. The 10.2 acre site was generally located on the east of FM 1830 and south of Hobson Lane. Twenty-two (22) SF-16 residential lots were proposed. (RR-00-11, Regency Oaks) Doug Powell, Assistant Director for Planning, stated that the request was for relief from submitting preliminary and final plats for a proposed 20 lot single-family subdivision. Evertt Newlan spoke in favor of the request for relief. Kristoferson motioned, Burroughs seconded to approve the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion passed unanimously. 22. The Council considered and took action on a request for relief from the Residential ± Interim Regulations, Ordinance 2000-069, for Eagle Place Apartments. The 0.35 acre property was located at 317 Bernard Street. Fourteen (14) efficiency apartments were proposed. (RR-00- 12, Eagle Place Apartments) Doug Powell, Assistant Director for Planning, stated that relief was being sought from the residential interim regulations to submit a building permit to construct a 14 unit apartment complex. David Manning spoke in favor of the request for relief. Burroughs motioned, Young 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 passed with a 6-1 vote. City of Denton City Council Minutes May 2, 2000 Page 9 23. The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-069, for the 420 acre Preserve at Pecan Creek Subdivision and a 42 acre parcel adjacent to The Preserve and south of Pockrus Page Road, (RR-00-13, The Preserve) A. Relief to proceed with zoning and platting on a 42 ± acre parcel located adjacent to The Preserve at Pecan Creek and south of Pockrus Page Road. Single-family development was proposed. B. Relief to proceed with an application to amend the Detailed Plan for PD-132 (The Preserve) to revise lot coverage. Doug Powell, Director for Planning and Development, stated that Item B was no longer needed. Marc Footlick spoke in favor of the request for relief for Item A. Burroughs motioned, Young seconded to grant relief based on the conditions that the property would be included in the current planned development with the same conditions as the current planned development. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion passed with a 5-2 vote. 24. The Council continued consideration of and took action on a Non-residential Project Plan request for Oak Tree Plaza Shopping Center. The 7.44-acre site was located at the southeast corner of Loop 288 and Spencer Road. (SP-00-001, Oak Tree Plaza) Doug Powell, Director of Planing and Development, stated that a revised plan had been submitted by the applicant for Council consideration. Mayor Pro Tem Beasley asked if all of the concerns by staff had been worked out. Powell replied yes. The following resolution was considered: NO. R2000-018 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR OAK TREE PLAZA SHOPPING CENTER, BEING AN APPROXIMATE 7.44 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF LOOP 288 AND SPENCER ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. (SP-00-001, OAK TREE PLAZA) Beasley motioned, Young seconded to approve the resolution with the two alternate designs. Ralph Isenberg spoke in favor of the request for relief. City of Denton City Council Minutes May 2, 2000 Page 10 On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion passed with a 6-1 vote. Council Member Young left the meeting. 25. The Council considered and took action on a request for relief from the Non-Residential ± Interim Regulations, Ordinance 2000-069, for a 1 acre property located at 319 East Prairie. The proposal was for wheat processing and storage. (RN-00-25, Morrison Milling) Kristoferson motioned, Burroughs seconded to approve the request for relief. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Miller “aye”. Motion passed unanimously. Council Member Young returned to the meeting. 26. The Council considered approval of a recommendation from the 2000 Oversight Committee to use parkland acquisition funds to cover additional costs on the Denton Rail Trail Project. Rick Svehla, Deputy City Manager, stated that funds would be transferred to the rails to trails project. Bonds would be sold to replace the funds used this year. Beasley motioned, Durrance seconded to approve the recommendation. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion passed unanimously. 27. The Council considered approval of a resolution of the City of Denton, Texas supporting the simplification of state and local sales and use taxes, and urging states to move expeditiously to develop and approve model simplification legislation that allows state and local sales and use taxes to be applied equitably to traditional retail and remote sales; and providing an effective date. The following resolution was considered: NO. R2000-019 A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE SIMPLIFICATION OF STATE AND LOCAL SALES AND USE TAXES, AND URGING STATES TO MOVE EXPEDITIOUSLY TO DEVELOP AND APPROVE MODEL SIMPLIFICATION LEGISLATION THAT ALLOWS STATE AND LOCAL SALES AND USE TAXES TO BE APPLIED EQUITABLY TO TRADITIONAL RETAIL AND REMOTE SALES; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to approve the resolution with a modification removing the second sentence of the second paragraph. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion passed unanimously. City of Denton City Council Minutes May 2, 2000 Page 11 28. The Council considered nominations and appointments to the City’s Boards and Commissions. Council Member Young nominated Ernest McNeill Mayor Pro Tem Beasley nominated Alice Gore. Kristoferson motioned, Durrance seconded to suspend rules and vote on the nominations. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion passed unanimously. On roll vote for Ernest McNeill, Beasley “nay”, Burroughs “nay”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “nay”. Motion failed with a 1-6 vote. On roll vote for Alice Gore, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion passed with a 6-1 vote. 29. New Business There were no items of New Business suggested by Council Members. 30. Items from the City Manager A. Notification of upcoming meetings and/or conferences B. Clarification of items on the agenda City Manager Jez did not have items for Council. 31. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 32. Official Action on Closed Meeting under Sections 551.071-551.086 of the Texas Open The following ordinance was considered: NO. 2000-162 AN ORDINANCE CONSIDERING FINAL ACTION REGARDING THE LIFTING AND CANCELLATION OF THE CONDITION EXPRESSED AND SET FORTH IN ORDINANCE NO. 2000-152, AS ENACTED BY THE COUNCIL ON APRIL 18, 2000; AND FINAL ACTION UNCONDITIONALLY APPROVING THE AGREEMENT AND PURCHASE ORDER ENTERED INTO BY AND BETWEEN THE CITY OF DENTON AND APPLIED UTILITY SYSTEMS, INC. FOR THE PURCHASE OF COMBUSTION TECHNOLOGY EQUIPMENT AND RELATED PROFESSIONAL ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 2, 2000 Page 12 Beasley 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 passed unanimously. With no further business, the meeting was adjourned at 10:00 p.m. _____________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS