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Minutes June 20, 2000CITY OF DENTON CITY COUNCIL MINUTES June 20, 2000 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, June 20, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room, Denton City Hall. PRESENT: Mayor Brock; 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) Considered approval of an ordinance providing for, authorizing, and approving an Agreement By and Between the City of Denton and Andrew Corporation for Electric Service; determining that said Agreement pertains to a competitive electric matter; approving the expenditure of funds therefor; providing an effective date; and discussed, deliberated, considered, voted, and took final action thereon. Regular Meeting of the City of Denton City Council on Tuesday, June 20, 2000 at 6:00 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 Brock; 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. PROCLAMATIONS/PRESENTATIONS 2. Presentations A. A presentation of Certificate of Congratulations was made to State Representative Myra Crownover. B. June Yard of the Month Awards were presented to: Charles and Ella Williams Dwayne and Stacy Waters Tom and Gail Morgan John and Sherry Hardin Ron Aparda and Patricia Foster City of Denton City Council Minutes June 20, 2000 Page 2 Chris Lantham Grizaffe Darby, LLP C. Dave Hill, Assistant City Manager for Development Services, made the presentation of The Denton Plan. CITIZEN REPORTS 3. The Council received a report from Willie Hudspeth regarding concerns about southeast Denton. Mr. Hudspeth presented a video regarding the removal of trees on his property and spoke about the Juneteenth celebration, the organization of a neighborhood group, and the hiring practices of the City. 4. The Council received a citizen report from Dessie Goodson regarding the City of Denton Public Transportation and threats. Ms. Goodson was not present at the meeting. 5. The Council received a citizen report from Carolyn Phillips regarding zoning concerns. Ms. Phillips expressed concerns regarding zoning issues in southeast Denton such as building in the floodplain, warehouses bringing trucks in the area, and the zoning of the area. 6. The Council received a citizen report from Joe Dodd regarding theft of a street. Mr. Dodd stated that he was not in favor of the building of a motel behind his house on Earl Street. The developers were damaging his property. He requested that the City check what the developers of the motel did with the curb cut at Earl Street. 7. The Council received a citizen report from Ross Melton regarding “Service with a smile – I hope”. Mr. Melton was not present at the meeting. NOISE EXCEPTIONS 8. The Council considered a request for an exception to the Noise Ordinance for an outdoor concert at the North Texas Fairgrounds on September 22, 2000 until midnight. Cochran motioned, Burroughs seconded to approve the request. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. CONSENT AGENDA Council Member Cochran requested that Items #18 and #19 be pulled for separate consideration. City of Denton City Council Minutes June 20, 2000 Page 3 Beasley motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items #18 and #19. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 9. Approved a tax refund to James Lott. The 1999 tax was overpaid, resulting in an overpayment. 10. Approved a tax refund to Elizabeth Barrick. The 1999 tax was paid twice, resulting in an overpayment. 11. Approved a tax refund to PNC Leasing Corp.. The 1999 assessed value was lowered per Denton Central Appraisal District, resulting in an overpayment. 12. NO. 2000-207 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF DUNCAN, MASSEY, CLEVELAND, COLLINS DRAINAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2512 – DUNCAN, MASSEY, CLEVELAND, COLLINS DRAINAGE-D.B.R. CONSTRUCTION $567,399.70) 13. NO. 2000-208 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF WOOD UTILITY POLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2506 – WOOD UTILITY POLES- CUMMINS UTILITY SUPPLY) 14. NO. 2000-209 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF DENTON MUNICIPAL UTILITY ENVELOPES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2511 – DENTON MUNICIPAL UTILITY ENVELOPES-PRECEPT, INC.–ESTIMATED AMOUNT OF $18,877.50) 15. NO. 2000-210 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF EMERGENCY MEDICAL SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2509 – EMS SUPPLIES-AWARDED AS LISTED IN THE ORDINANCE IN AN ESTIMATED TOTAL AMOUNT OF $160,000) City of Denton City Council Minutes June 20, 2000 Page 4 16. NO. 2000-211 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF PUBLIC OFFICIALS LIABILITY (POL) AND EMPLOYMENT PRACTICES LIABILITY (EPL) INSURANCE PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (RFSP 2498 – PUBLIC OFFICIAL LIABILITY AND EMPLOYMENT PRACTICES LIABILITY INSURANCE-GENESIS INDEMNITY INSURANCE COMPANY THROUGH PALMER AND CAY OF TEXAS, INC.-FIRST YEAR PREMIUM AMOUNT IS $40,740-THREE-YEAR OPTION IS ESTIMATED TO BE APPROXIMATELY $122,220.) 17. NO. 2000-212 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2516A & B PLAYGROUND EQUIPMENT INSTALLATION (A) FRED MOORE PARK, (B) PHOENIX PARK – PLAYGROUND SPECIALISTS, INC. - $28,157.20) 20. NO. 2000-215 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE, L.L.P. FOR INDEPENDENT AUDITS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2481 – AUDIT SERVICES AWARDED TO DELOITTE AND TOUCHE, L.L.P. IN THE NOT TO EXCEED AMOUNT OF $50,000 FOR 2000, $62,750 FOR 2001 AND $65,900 FOR 2002. FEES FOR 2003 AND 2004 WILL BE BASED UPON THE CONSUMER PRICE INDEX FOR THE DALLAS METROPLEX). PUBLIC HEARINGS 21. The Council held a public hearing and considered approving a Detailed Plan for approximately 253 acres in the Planned Development 170 (PD-170), Planned Development 172 (PD-172), and Planned Development 176 (PD-176) zoning districts. The property was generally located southeast of the intersection of Robinson Road and Teasley Lane (FM 2181). The intent was to develop a single-family residential subdivision of approximately 850 lots. The Planning and Zoning Commission recommended approval (3-2) with conditions. (Z-99-104) Doug Powell, Director of Planning and Development, stated that this was a detailed plan that combined three planned development zoning districts. The intent was to develop a single-family residential subdivision. The Planning and Zoning Commission recommended approval with conditions as noted in the agenda materials. City of Denton City Council Minutes June 20, 2000 Page 5 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Robert Prendergast, Dallas – favor Johnny Jester, 4525 Teasley Lane, Denton, 76205 – concern for access road The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-216 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 99-257, ORDINANCE NO. 99-367, AND ORDINANCE NO. 99-405 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 253 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 10 (PD-170), PLANNED DEVELOPMENT 172 (PD-172) AND PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICTS AND LAND USE CLASSIFICATIONS; THE SUBJECT PROPERTY BEING GENERALLY LOCATED EAST OF TEASLEY BETWEEN ROBINSON AND HICKORY CREEK IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-00-104) Burroughs motioned, Young seconded to approve the detailed plan with the conditions from the Planning and Zoning Commission. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried with a 6-1 vote. 22. The Council held a public hearing and considered approval of a Zoning Plan for 36.67 acres between Loop 288 and Mayhill Road south of Audra Road. The property was currently located in a one-family dwelling (SF-10) zoning district. The intent was to develop a 124-lot single-family residential subdivision. The Planning and Zoning Commission recommended denial (4-1). (ZP-00-004) Doug Powell, Director of Planning and Development, stated that the property was covered by the interim regulations. The supermajority rule was in effect due to the 20% rule and denial by the Planning and Zoning Commission. The proposal was for a 124 lot single-family residential subdivision. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Tommy Kline, Dallas – favor Les Holland, 3760 Holland Lane, Denton, 76208 – opposition Rebuttal by Kline City of Denton City Council Minutes June 20, 2000 Page 6 The Mayor closed the public hearing. Young motioned to approve the proposal as submitted. Motion died for lack of a second. Durrance motioned, Cochran seconded to deny the proposal. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Brock “aye”. Motion carried with a 6-1 vote. 23. The Council held a public hearing and considered approving a Zoning Plan for approximately 60 acres at the northwest corner of Stuart Road and Loop 288. The property was currently zoned Agricultural (A). The intent was to develop a single-family residential subdivision. The Planning and Zoning Commission recommended approval (5-0) with conditions. (ZP-00-001) Doug Powell, Director of Planning and Development, stated that this application was for a 201 lot single-family home development. There would be ten acres of common open space and 2.9 acres were designated for future commercial development. The Planning and Zoning Commission recommended approval with conditions. This was a Zoning Plan under the interim residential regulations. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Craig Glendenny - favor Gene Holloway, Planning Director for DISD – not reviewed current plan The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-217 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 60.3 ACRES LOCATED AT THE NORTHWEST CORNER OF STUART ROAD AND LOOP 288 IN THE CITY OF DENTON, TEXAS, DENTON COUNTY, TEXAS; PROVIDING FOR APPROVAL OF A ZONING PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ZP-00- 001) Burroughs motioned, Young seconded to approve the proposal with the conditions as recommended by the Planning and Zoning Commission. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Brock “nay”. Motion carried with a 4-3 vote. City of Denton City Council Minutes June 20, 2000 Page 7 24. The Council held a public hearing and considered a Specific Use Permit (SUP) for approximately 40 acres in an Agricultural (A) zoning district. The property was located west of Stuart Road north of Loop 288. The intent was to develop a 206-lot manufactured home community. The Planning and Zoning Commission recommended approval (3-2) with conditions. (Z-00-006) Doug Powell, Director of Planning and Development, stated that the proposed development met the criteria for a mobile home park. The Planning and Zoning Commission recommended approval with conditions. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Craig Glendenny - favor Kay Gedding, 1900 Canyon Court, Denton, 76205 – favor Sonny Chauncey, 2473 North Field Street, Dallas, 75201 - favor Rick Woolfolk, 3121 Westgate Drive, Denton, 76207 – requested postponement The Mayor closed the public hearing. Young motioned, Burroughs seconded to approve the proposal with the conditions as recommended by the Planning and Zoning Commission plus the condition of a recorded deed restriction that the residents shall be 55 years or older subject to the provisions of the Fair Housing Act. Durrance motioned to postpone consideration until the DISD had an opportunity to review the proposal. Motion died for lack of a second. On roll vote, Beasley “nay”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Brock “nay”. Motion failed with a 2-5 vote. 25. The Council held a public hearing and considered approving a Detailed Plan and Non- residential Project Plan for the Planned Development – 5 (PD-5) zoning district. The 1.19 acre property was located at the southeast corner of the intersection of University Drive and Bonnie Brae Street. A commercial development was proposed. The Planning and Zoning Commission recommended approval of the PD Detailed Plan (4-1) with conditions. (Z-00-002 & SP-00-002, Kwik Kar Wash / Dry Clean Super Center) Doug Powell, Director of Planning and Development, stated a commercial development was proposed for a commercial car wash and a dry cleaners. The Planning and Zoning Commission recommended approval with conditions. The Mayor opened the public hearing. City of Denton City Council Minutes June 20, 2000 Page 8 The following individual spoke during the public hearing: Ray Ellis, 4725 Nall Road, Dallas – favor- requested a sign for each location The Mayor closed the public hearing. The following ordinance was considered: NO. 2000-218 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A DETAILED PLAN FOR 1.19 ACRES LOCATED WITHIN PLANNED DEVELOPMENT (PD-5) ZONING DISTRICT; THE SUBJECT PROPERTY BEING THE PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND BONNIE BRAE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z-00-002) Beasley motioned, Young seconded to adopt the ordinance with the conditions as recommended by the Planning and Zoning Commission plus the added condition that the brick and decor match the existing Kwik Lube previously developed by the petitioner. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Brock “aye”. Motion carried with a 4-3 vote. 26. The Council held a public hearing and considered creating a definition for and assigning a zoning classification to car rental establishments. Car rental establishments were a use not currently listed within the City of Denton’s Zoning Ordinance. The Planning and Zoning Commission recommended that car rental establishments be allowed in General Retail (GR) zoning districts (5-0) with conditions. (SI-00-008) Doug Powell, Director for Planing and Development, stated that currently there was no definition for a car rental establishment and was not currently listed on the City’s zoning ordinance. The proposed ordinance would establish a definition for the use and the zoning districts for each type of rental establishment. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Mike Kehoe – favor-remove the limit of ten vehicles per establishment – consider wording to not to exceed the limit of the number of parking spaces per location The Mayor closed the public hearing. The following ordinance was considered: City of Denton City Council Minutes June 20, 2000 Page 9 No. 2000-219 AN ORDINANCE AMENDING CHAPTER 35 “ZONING” OF THE CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTION 35-76 TO INCLUDE A DEFINITION FOR CAR RENTAL FACILITIES AND AMENDING SECTION 35-77 TO ALLOW CAR RENTAL FACILITIES IN SPECIFIC ZONING AND LAND USE DISTRICTS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. (SI-00-008) Kristoferson motioned, Cochran seconded to adopt the ordinance as presented with staff and Planning and Zoning Commission recommendations. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION The Council considered Items #18 and 19 from the Consent Agenda. Item #18 NO. 2000-213 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY ANN MCDUFF RELATING TO THE PURCHASE OF A TRACT PREVIOUSLY CONVEYED FROM DICK G. MCDUFF BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 4054, PAGE 0474, OF THE REAL PROPERTY RECORDS OF DENTON, COUNTY, TEXAS, FOR FLOOD MITIGATION ASSISTANCE PROJECT GRANT; TEXAS WATER DEVELOPMENT BOARD NO. 99-011-027; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Council Member Cochran stated that he felt this should have more discussion than what was allowed on the Consent Agenda. Mayor Brock indicated that this item was discussed at a work session that Council Member Cochran had missed. Council Member Cochran suggested looking at the option of raising the house up instead of demolishing the home or moving it. Paul Williamson, Right-of-Way Agent, stated that in order to receive the grant from the State, the lot had to be completely cleared so that raising the home above the flood level was not an option. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried with a 6-1 vote. City of Denton City Council Minutes June 20, 2000 Page 10 Item #19 NO. 2000-214 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 98-213 OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC. 27-102 OF ARTICLE IV OF CHAPTER 27 “VEHICLES FOR HIRE” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Cochran requested information from staff regarding this issue as he was not present at the work session when this item was discussed. Chief Chadwick reviewed the costing procedures that were included in the ordinance. Kristoferson motioned, Beasley seconded to adopt the ordinance. Cochran motioned, Young seconded to amend the motion to not change the basic rate for residential ambulance fee and implement the fee structure change. On roll vote, Beasley “nay”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Brock “nay”. Motion failed with a 3-4 vote. On roll vote on main motion to adopt the ordinance, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Brock “aye”. Motion carried with a 5-2 vote. 27. The Council considered adopting an ordinance to annex approximately 254 acres generally located west of Sherman Dr. approximately 3,600’ north of Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance. (A-99) Dave Hill, Assistant City Manager for Development Services, stated that this was the first reading of the annexation ordinance that required a supermajority vote by Council. The second st reading was scheduled for August 1. There were three staff issues relative to this proposal: a th request for a work session for June 27, the property owner selling the property requested a postponement of the first reading of annexation ordinance and if not feasible, not annex property at all. Don Hill spoke regarding the issue. Burroughs motioned, Beasley seconded to approve the first reading of the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Brock “aye”. Motion carried with a 6-1 vote. City of Denton City Council Minutes June 20, 2000 Page 11 28. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute an interlocal agreement for mass transportation within the City of Denton between the City of Denton and SPAN. Inc.; and providing an effective date. Veronica Rolen, Public Transportation Coordinator, stated that this was an interlocal agreement for SPAN to provide transit services in Denton. The following ordinance was considered: NO. 2000-220 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT FOR MASS TRANSPORTATION WITHIN THE CITY OF DENTON BETWEEN THE CITY OF DENTON AND SPAN. INC.; 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 Brock “aye”. Motion carried unanimously. 29. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute a pipeline crossing agreement with the Union Pacific Railroad Company for a water pipeline at Mile Post 724.10, Choctaw Subdivision, City of Denton, Denton County Texas; authorizing the expenditure of funds therefore; and providing an effective date. Items #29 and #30 were considered with one motion. The following ordinance was considered: NO. 2000-221 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR A WATER PIPELINE AT MILE POST 724.10, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 30. The Council considered adoption of an ordinance authorizing the City Manager or his designee to execute a pipeline crossing agreement with the Union Pacific Railroad Company for a water pipeline at Mile Post 721.170, Choctaw Subdivision, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. City of Denton City Council Minutes June 20, 2000 Page 12 The following ordinance was considered: NO. 2000-222 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PIPELINE CROSSING AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY FOR A WATER PIPELINE AT MILE POST 721.170, CHOCTAW SUBDIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 31. The Council considered adoption of an ordinance authorizing the City Manager to enter into a lease agreement between the City of Denton, Texas and Sue Burt; authorizing the expenditure of funds; and providing for an effective date. Ross Chadwick, Fire Chief, stated that Central Fire Station was still closed and that the firefighters might be out of the station for at least a year to eighteen months. This proposal would provide adequate lease space to house the firefighters. The following ordinance was considered: NO. 2000-223 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 32. The Council considered approval of a resolution of the City Council of the City of Denton, Texas urging the United States Senate to approve the Conservation and Reinvestment Act, which includes over $236 million per year in funding for conservation programs in the State of Texas. The following resolution was considered: NO. R2000-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS URGING THE UNITED STATES SENATE TO APPROVE THE CONSERVATION AND REINVESTMENT ACT, WHICH INCLUDES OVER $236 MILLION PER City of Denton City Council Minutes June 20, 2000 Page 13 YEAR IN FUNDING FOR CONSERVATION PROGRAMS IN THE STATE OF TEXAS. Kristoferson motioned, Durrance seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 33. The Council considered adoption of an ordinance approving an airport lease agreement for a commercial operator between the City of Denton and KPD, Inc.; and providing an effective date. Mark Nelson, Airport Manager, stated that KPD, Inc. would lease approximately 8,800 square feet to construct a structure of not less than 3,000 square feet on Lot 2. The facility would be constructed for the purpose of commercial or general aviation aircraft storage. KPD, Inc. would also construct necessary infrastructure to access current taxiways. The lease terms were similar to the ones with Jim Osborne and Wayne Allen. Rick Woolfolk spoke on the issue. The following ordinance was considered: NO. 2000-224 AN ORDINANCE APPROVING AN AIRPORT LEASE AGREEMENT FOR A COMMERCIAL OPERATOR BETWEEN THE CITY OF DENTON AND KPD, INC.; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried with a 6-1 vote. 34. The Council considered adoption of an ordinance authorizing the City Manager to execute a release of lien releasing note and deed of trust liens on approximately 434 acres of property as a result of the satisfaction of the conditions set forth in the note and memorandum of understanding for the International Isotopes, Inc./North Texas Research Center Project; and providing an effective date. Council Member Young left the meeting with a potential conflict of interest. The following ordinance was considered: NO. 2000-225 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN RELEASING NOTE AND DEED OF TRUST LIENS ON APPROXIMATELY 434 ACRES OF PROPERTY AS A RESULT OF THE SATISFACTION OF THE CONDITIONS SET FORTH IN THE NOTE AND MEMORANDUM OF UNDERSTANDING FOR THE INTERNATIONAL ISOTOPES, City of Denton City Council Minutes June 20, 2000 Page 14 INC./NORTH TEXAS RESEARCH CENTER PROJECT; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 35. The Council considered adoption of an ordinance authorizing the Mayor or City Manager to enter into a Master Agreement Governing Local Transportation Project Advance Funding with the State of Texas, acting by and through the Texas Department of Transportation; and providing an effective date. The following ordinance was considered: NO. 2000-226 AN ORDINANCE AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO A MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. 36. The Council considered adoption of an ordinance of the City of Denton, Texas, denying TXU Electric’s request to close, modify or delete certain retail tariffs pursuant to Substantive Rule 25.241 requesting revisions to various retail rates of TXU for sale of electric service to its customers in the City of Denton, Texas; ordaining other provisions related to the subject matter hereof; and providing for an effective date. The following ordinance was considered: NO. 2000-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DENYING TXU ELECTRIC’S REQUEST TO CLOSE, MODIFY OR DELETE CERTAIN RETAIL TARIFFS PURSUANT TO SUBSTANTIVE RULE 25.241 REQUESTING REVISIONS TO VARIOUS RETAIL RATES OF TXU FOR SALE OF ELECTRIC SERVICE TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS; ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, and Mayor Brock “aye”. Motion carried unanimously. City of Denton City Council Minutes June 20, 2000 Page 15 Council Member Young returned to the meeting. 37. The Council considered approval of a resolution canceling the regular City Council meeting of July 4, 2000 and July 18, 2000 and the City Council Work Session of July 11, 2000; and providing an effective date. The following resolution was considered: NO. R2000-30 A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF JULY 4, 2000 AND JULY 18, 2000 AND THE CITY COUNCIL WORK SESSION OF JULY 11, 2000; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 38. The Council considered approval of a resolution nominating a member of the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. Kathy DuBose, Assistant City Manager for Fiscal and Municipal Services, stated that Harlan Jefferson was willing to be reappointed. The following resolution was considered: NO. R2000-031 A RESOLUTION NOMINATING A MEMBER OF THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Young seconded to nominate Harlan Jefferson and approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 39. The Council considered approval of a resolution appointing a member to the Board of Directors of the Texas Municipal Power Agency; and declaring an effective date. The following resolution was considered: NO. R2000-032 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes June 20, 2000 Page 16 Kristoferson motioned, Burroughs seconded to appoint George Hopkins and approve the resolution. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. 40. The Council considered nominations/appointments to City Boards and Commissions. Mayor Pro Tem Beasley nominated Dick Smith to the Public Utilities Board. Kristoferson motioned, Burroughs seconded to suspend the rules and vote on the nomination. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. On roll vote for the nomination, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Brock “aye”. Motion carried unanimously. Council made additional nominations as indicated by Attachment A. 41. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Durrance asked for a reconsideration of the Wild Wood Inn’s hours of operation of food service during weekend times. B. Council Member Young indicated that there was a feeling that the Police Department was engaging in racial profiling in Fred Moore Park. He requested a work session item that included a staff report on all tickets, fines and arrests in the area from Prairie, Bradshaw, Wilson and Lakey Streets along with the amount of money generated from tickets and fines in that area. He requested a comparison to other parts around the other parks in Denton such as North Lakes and South Lakes parks. 42. Items from the City Manager th City Manager Jez reminded the Council of the AMCC conference materials and the June 30 TML Legislative Briefing. 43. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 44. 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 12:26 p.m. ________________________ __________________________ JENNIFER WALTERS EULINE BROCK, MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS