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Minutes February 06, 2001City of Denton City Council Minutes Febmary 6, 2001 Page 4 14. NO. 2001-044 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 16. NO. 2001-046 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR OPERATION AND MAINTENANCE EXPENSES FOR THE PRESENT WATER SUPPLY AT RAY ROBERTS LAKE TO THE FINANCE AND ACCOUNTING BRANCH, USAED FORT WORTH; AND PROVIDING AN EFFECTIVE DATE. (CHECK REQUEST DATED JANUARY 2, 2001 IN THE AMOUNT OF $48,115.84) 17. NO. 2001-047 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TENANT BASED RENTAL ASSISTANCE PROGRAM FOR EMERGENCY FINANCIAL AID, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 2619- TENANT BASED RENTAL ASSISTANCE PROGRAM, AWARDED TO FAIRHAVEN RETIREMENT CENTER, IN THE AMOUNT OF $87,218) 18. NO. 2001-048 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE DOWNTOWN IMPROVEMENT PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2625 - DOWNTOWN IMPROVEMENTS PROJECTS AWARDED TO TRI DAL LTD. IN THE AMOUNT OF $695,625.55) 19. NO. 2001-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PO 12417-TXU ELECTRIC TRANSMISSION DIVISION; PO 12134-AMERICAN ELECTRIC POWER CENTRAL & SOUTHWEST SERVICE; PO 12135-RELIANT ENERGY HL & P; PO 12136- LOWER COLORADO RIVER AUTHORITY; PO 12137-BRAZOS ELECTRIC POWER COOP, INC.; PO 12138 AUSTIN ENERGY IN THE TOTAL AMOUNT OF $458,908.90) 25 City of Denton City Council Minutes February 6, 2001 Page 6 25. NO. 2001-055 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FOUR SINGLE-PHASE STEP VOLTAGE REGULATORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2623 - REGULATOR WITH COMMUNICATION READY-CONTROLS AWARDED TO LENT. DELONEY, INC. IN THE AMOUNT OF $26,200) 26. NO. 2001-056 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT RELATED TO ENCROACHMENT ON EASEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") RELATING TO THE LOCATION OF A CITY SEWER PIPELINE WITHIN A TMPA ELECTRIC UTILITY EASEMENT LOCATED IN DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 27. NO. 2001-057 AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND TXU ELECTRIC COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY ("TXU ELECTRIC") RELATING TO THE LOCATION OF A CITY SANITARY SEWER LINE WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 559, PAGE 540 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS LOCATED IN DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 28. NO. 2001-058 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 5, 2001, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 2, 2001, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 27 City of Denton City Council Minutes February 6, 200t Page 8 NO. 2001-045 AN ORDINANCE CONSENTING TO THE PRIVATE SALE OF PROPERTY LOCATED AT JOHNSON STREET, DENTON COUNTY, TEXAS BY THE DENTON INDEPENDENT SCHOOL DISTRICT AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENTS AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. Council Member Burroughs returned to the meeting. 30. The Council considered approval of a resolution of the City Council opposing the issuance of a Texas Natural Resource Conservation Commission Air Quality Permit to Martin Marietta Materials of Texas, Inc. for an asphalt/concrete plant at property located on Masch Branch Road; authorizing the Mayor to write a letter opposing the granting of an Air Quality Permit for such plant; and declaring an effective date. The following individuals spoke regarding the issue: Claire Marlott, Bruce Hall-UNT, Denton, 76203 - opposed to the building of the plant Tommy Nail, 2284 West Oak, Denton, 76201 - opposed to the building of the plant The following individuals submitted Speaker Cards on the issue: Matthew McKibbe, 521 E. Windsor, Denton, 76209 - opposed to the plant Andee Chamberlain, 823 West Hickory, Denton, 76201 - opposed to the plant John Paul Eddy, 1320 Heather Lane, Denton, 76209 - opposed to the plant Tom and Julia Lehman, 1901 Whipporwill, Denton, 76201 - opposed to the plant Victoria Lee, 2513 Whispering Oaks, Denton, 76201 - opposed to the plant Bruce Berg, no address given - opposed to the plant Curt Lance, P.O. Box 308626, Denton, 76209 - opposed to the plant Austin Williams, LINT Box 304358, Denton, 76203 - opposed to the plant The following resolution was considered: NO. R2001-003 A RESOLUTION OF THE CITY COUNCIL OPPOSING THE ISSUANCE OF A TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY PERMIT TO MARTIN MARIETTA MATERIALS OF TEXAS, INC. FOR AN ASPHALT/CONCRETE PLANT AT PROPERTY LOCATED ON MASCH BRANCH ROAD; AUTHORIZING THE MAYOR TO WRITE A LETTER OPPOSING THE GRANTING OF AN AIR QUALITY PERMIT FOR SUCH PLANT; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes February 6, 2001 Page 10 Gene Price, 725 Chisholm, Denton, 76201 - spoke on another issue 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 authorizing the Mayor to execute an interlocal agreement with Denton County for road improvements; providing for the expenditure of funds therefor; and providing an effective date. This item was not considered. 34. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Pro Tem Beasley nominated Jim Kirkpatrick as an alternate to the Zoning Board of Adjustment. Beasley motioned, Burroughs seconded to suspend the rules and vote on the nomination at this meeting. 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 on the nomination, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 35. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Brock suggested a work session item on the sale of used vehicles on private property. B. Mayor Pro Tem Beasley requested staff begin the annexation process for the property where the asphalt plant was proposed. C. Council Member Young suggested the formation of the citizen task force to look at possible racial profiling in the city. 36. Items from the City Manager Mayor Brock indicated that a bond trip to New York might be near the end of March, 37. Mayor Brock announced that the earlier Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act would continue. 38. There was no official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 31 22 CITY OF DENTON CITY COUNCIL MINUTES February 6, 2001 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, February 6, 2001 at 5:00 p. m. in the City of Denton Council Work Session Room. PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Deliberations Regarding Real Property --- Under TEXAS GOVERNMENT CODE Section 551.072. Received information from Staff, discussed, deliberated, considered, pertaining to the location of, the purchase and purchase price of, the possible terms of sale, and value issues respecting the possible cumulative acquisition of tracts as follows: 0.527 acre permanent easement and 0.407 temporary easement in the W. Hudson Survey, Abstract No. 586 (Parcel 9), 0.369 acre permanent easement & 0.312 acre temporary easement in the W. Hudson Survey, Abstract No. 586 (Parcel 10), 0.532 acre permanent easement & 0.425 temporary easement in the W. Hudson Survey, Abstract No. 586 (Parcel 11) all in Denton County, Texas; such tracts of land being situated along the north side of the Graveyard Branch Tributary, approximately 5,000 feet north east of the intersection of U.S. Highway 377 & Crawford Road. (Graveyard Branch Sanitary Sewer Project) B. Personnel Matters - Under TEXAS GOVERNMENT CODE Section 551.074 Evaluation of Municipal Judge Evaluation of City Attomey Evaluation of City Manager Regular Meeting of the City of Denton City Council on Tuesday, February 6, 2001 at 6:00 p.m. in the Council Chambers at City Hall. 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 December 19, 2000, January 2, 2001, January 9, 2001, January 16, 2001, January 23, 2001, and January 24, 2001. Durrance motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye", Burroughs "aye,', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. City of Denton City Council Minutes February 6, 2001 Page 2 PRESENTATION 3. Mayor Brock made a presentation of North Central Texas Council of Governments Appreciation Award to Jack Miller. CITIZEN REPORTS 4. Jesse Martin regarding citizen task force on safety. Mr. Martin stated that he was organizing a task force on safety to alert the City to safety issues. 5. Ross Melton regarding "the Constitution, zoning and re-zoning, and my usual diatribe concerning lawyers." Mr. Melton felt that the zoning issues before Council were incorrect in regards to the Development Plan. He felt that the Council was using incorrect information as a basis for their decisions. 6. Dale Yeatts regarding a proposed asphalt plant. Ms. Lurlene Mayo spoke for Mr. Yeatts. She indicated that the Ranch Estates neighborhood was in opposition to the building of an asphalt plant in the area. Issues to consider were air quality, traffic on Highway 380, declining property values and a poor neighbor to the homes already in the area. 7. Ed Soph regarding a proposed asphalt plant. Mr. Soph stated that he opposed to the proposed asphalt plant to be located on Highway 380. He felt that the process was reversed in that residents had to prove that such a plant was dangerous to neighborhoods rather than the plant having to prove that it was not harmful. Such a plant would greatly add to the pollution in the area that Denton and Denton County could not afford. CONSENTAGENDA Council Member Burroughs requested that Item #15 be pulled for separate consideration as he needed to abstain from voting due to a potential conflict of interest. Durrance motioned, Burroughs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item #15. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 8. NO. 2001-038 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. 23¸ 24 City of Denton City Council Minutes Febmary 6, 2001 Page 3 o NO. 2001-039 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY REGION VI ("FEMA"), TO PROVIDE FOR ALTERNATE TRANSPORTATION IN THE EVENT FEMA'S PERMANENT FACILITY IS UNAVAILABLE IN AN EMERGENCY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 10. NO. 2001-040 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE, NALL AND PERKINS, INC., FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE CONSTRUCTION OF THE MCCORMICK CHANNEL IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 11. NO. 2001-041 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC., FOR ENGINEERING SERVICES PERTAINING TO THE ENGINEERING SCOPE OF WORK FOR PRELIMINARY AND DETAILED DESIGN FOR THE DENTON WASTEWATER UTILITY EFFLUENT LINE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 12. NO. 2001-042 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 13. NO. 2001-043 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes February 6, 2001 Page 4 14. NO. 2001-044 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 16. NO. 2001-046 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR OPERATION AND MAINTENANCE EXPENSES FOR THE PRESENT WATER SUPPLY AT RAY ROBERTS LAKE TO THE FINANCE AND ACCOUNTING BRANCH, USAED FORT WORTH; AND PROVIDING AN EFFECTIVE DATE. (CHECK REQUEST DATED JANUARY 2, 2001 IN THE AMOUNT OF $48,115.84) 17. NO. 2001-047 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TENANT BASED RENTAL ASSISTANCE PROGRAM FOR EMERGENCY FINANCIAL AID, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 2619 - TENANT BASED RENTAL ASSISTANCE PROGRAM, AWARDED TO FAIRHAVEN RETIREMENT CENTER, IN THE AMOUNT OF $87,218) 18. NO. 2001-048 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE DOWNTOWN IMPROVEMENT PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2625 - DOWNTOWN IMPROVEMENTS PROJECTS AWARDED TO TRI DAL LTD. IN THE AMOUNT OF $695,625.55) 19. NO. 2001-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PO 12417-TXU ELECTRIC TRANSMISSION DIVISION; PO 12134-AMERICAN ELECTRIC POWER CENTRAL & SOUTHWEST SERVICE; PO 12135-RELIANT ENERGY HL & P; PO 12136- LOWER COLORADO RIVER AUTHORITY; PO 12137-BRAZOS ELECTRIC POWER COOP, INC.; PO 12138 AUSTIN ENERGY IN THE TOTAL AMOUNT OF $458,908.90) 25 26 City of Denton City Council Minutes February 6, 2001 Page 5 20. NO. 2001-050 CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ETTL ENGINEERS & CONSULTANTS INC. FOR HYDROGEOLOGIC)fL CONSULTING AND ANALYTICAL SERVICES PERTAINING TO THE CITY OF DENTON LANDFILL (MSW PERMIT NO. 1590A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE EFFECT OF AGREEMENT. (PO 12551-ETTL ENGINEERS & CONSULTANTS, INC. IN THE AMOUNT OF $43,202.37) 21. NO. 2001-051 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRENCHER WITH TRAILER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2609 -TRENCHERS AND TRAILERS (BID ITEM 1) IN THE AMOUNT OF $42,953) 22. NO. 2001-052 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 45' MATERIAL HANDLING DEVICE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2611 - 45' MATERIAL HANDLING DEVICE AWARDED TO DALLAS FREIGHTLINER IN THE AMOUNT OF $107,936.57) 23. NO. 2001-053 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 125 GALLON RUBBERIZED ASPHALT MELTER APPLICATOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2618 - 125 GALLON RUBBERIZED ASPHALT MELTER APPLICATOR AWARDED TO CRAFCO TEXAS, INC. IN THE ESTIMATED ANNUAL AMOUNT OF $34,640) 24. NO. 2001-054 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PRINTING OF LETTERHEAD, BUSINESS CARDS AND ENVELOPES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2621 - PRINTING OF LETTERHEAD, BUSINESS CARDS AND ENVELOPES AWARDED TO NU- ART PRINTING CO. INC., IN THE ESTIMATED ANNUAL AMOUNT OF $60,000) City of Denton City Council Minutes February 6, 2001 Page 6 25. NO. 2001-055 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FOUR SINGLE-PHASE STEP VOLTAGE REGULATORS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 2623 - REGULATOR WITH COMMUNICATION READY-CONTROLS AWARDED TO LENT. DELONEY, INC. IN THE AMOUNT OF $26,200) 26. NO. 2001-056 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT RELATED TO ENCROACHMENT ON EASEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") RELATING TO THE LOCATION OF A CITY SEWER PIPELINE WITHIN A TMPA ELECTRIC UTILITY EASEMENT LOCATED IN DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 27. NO. 2001-057 AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND TXU ELECTRIC COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY ("TXU ELECTRIC") RELATING TO THE LOCATION OF A CITY SANITARY SEWER LINE WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED IN VOLUME 559, PAGE 540 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS LOCATED IN DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 28. NO. 2001-058 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 5, 2001, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 2, 2001, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 27 28 City of Denton City Council Minutes February 6, 2001 Page 7 PUBLIC HEARINGS 29. The Council held a public hearing and considered adoption of an ordinance approving a Zoning Plan, to rezone approximately 3 acres, from an Agricultural (A) zoning district to a Commercial (C) zoning district. The subject property was located at the southeast comer of 1-35 E Service Road and Pockrus Page Road. Commercial development was proposed. The Planning and Zoning Commission recommended approval (5-1) with conditions. (ZP-O0-O18) Doug Powell, Director of Planning and Development, stated that the property was currently zoned agricultural and was proposed for commercial development as a car dealership. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Don Anderson - favor Alice Pockrus, Hinkle Drive, Denton, 76201 - favor Aleta Anderson, Fort Worth Drive, Denton - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 2001-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3.086 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD; PROVIDING A ZONING PLAN ENCOMPASSING 3.086 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZP-00-018) Young motioned, Beasley seconded to adopt the ordinance with the condition of preservation of the stance of trees as much as possible with a minimum of clearing and grading that would be shown on the project plan plus the recommended 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 Item #15 was considered. Council Member Burroughs left the meeting with a possible conflict of interest. City of Denton City Council Minutes February 6, 2001 Page 8 NO. 2001-045 AN ORDINANCE CONSENTING TO THE PRIVATE SALE OF PROPERTY LOCATED AT JOHNSON STREET, DENTON COUNTY, TEXAS BY THE DENTON INDEPENDENT SCHOOL DISTRICT AS TRUSTEE FOR THE TAXING ENTITIES PURSUANT TO TEXAS PROPERTY CODE SECTION 34.05 FOR LESS THAN THE MARKET VALUE OR TOTAL AMOUNT OF JUDGMENTS AGAINST THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. Council Member Burroughs returned to the meeting. 30. The Council considered approval of a resolution of the City Council opposing the issuance of a Texas Natural Resource Conservation Commission Air Quality Permit to Martin Marietta Materials of Texas, Inc. for an asphalt/concrete plant at property located on Masch Branch Road; authorizing the Mayor to write a letter opposing the granting of an Air Quality Permit for such plant; and declaring an effective date. The following individuals spoke regarding the issue: Claire Marlott, Bruce Hall~UNT, Denton, 76203 - opposed to the building of the plant Tommy Nail, 2284 West Oak, Denton, 76201 - opposed to the building of the plant The following individuals submitted Speaker Cards on the issue: Matthew McKibbe, 521 E. Windsor, Denton, 76209 - opposed to the plant Andee Chamberlain, 823 West Hickory, Denton, 76201 - opposed to the plant John Paul Eddy, 1320 Heather Lane, Denton, 76209 - opposed to the plant Tom and Julia Lehman, 1901 Whipporwill, Denton, 76201 - opposed to the plant Victoria Lee, 2513 Whispering Oaks, Denton, 76201 - opposed to the plant Bruce Berg, no address given - opposed to the plant Curt Lance, P.O. Box 308626, Denton, 76209 - opposed to the plant Austin Williams, UNT Box 304358, Denton, 76203 - opposed to the plant The following resolution was considered: NO. R2001-003 A RESOLUTION OF THE CITY COUNCIL OPPOSING THE ISSUANCE OF A TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AIR QUALITY PERMIT TO MARTIN MARIETTA MATERIALS OF TEXAS, INC. FOR AN ASPHALT/CONCRETE PLANT AT PROPERTY LOCATED ON MASCH BRANCH ROAD; AUTHORIZING THE MAYOR TO WRITE A LETTER OPPOSING THE GRANTING OF AN AIR QUALITY PERMIT FOR SUCH PLANT; AND DECLARING AN EFFECTIVE DATE. 29 30 City of Denton City Council Minutes February 6, 2001 Page 9 Cochran motioned, Burroughs 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. 31. The Council considered adoption of an ordinance authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to obtain a grant under the Emergency Shelter Grant Program; and providing for an effective date. Dan Leal, Human Services Coordinator, stated that approval of the ordinance would authorize application for a grant program for several organizations. The following ordinance was considered: NO. 2001-060 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EMERGENCY SHELTER GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN A GRANT UNDER THE EMERGENCY SHELTER GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE Cochran motioned, Young 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 approving the Ruehle Office Project Plan. The subject property was located between Helm Street and Teasley Lane at 3490 Teasley Lane approximately 1,400 feet south of Bent Oaks Drive. A dental office was proposed. (SP- 00-18) The following resolution was considered: NO. R2001-004 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR THE RUEHLE OFFICE, BEING AN APPROXIMATE 0.904 ACRE SITE LOCATED BETWEEN HELM STREET AND TEASLEY LANE, AT 3490 TEASLEY APPROXIMATELY 1,400 FEET SOUTH OF BENT OAKS DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-018, RUEHLE OFFICE) Kristoferson motioned, Young seconded to approve the resolution. The following individuals spoke regarding the proposal: Allen Bussetl, 1621 Amanda Court, Ponder, 76259 - favor Jack Cox, 3624 Lake Country, Denton, 76210 -opposed City of Denton City Council Minutes February 6, 2001 Page 10 Gene Price, 725 Chisholm, Denton, 76201 - spoke on another issue 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 authorizing the Mayor to execute an interlocal agreement with Denton County for road improvements; providing for the expenditure of funds therefor; and providing an effective date. This item was not considered. 34. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Pro Tern Beasley nominated Jim Kirkpatrick as an alternate to the Zoning Board of Adjustment. Beasley motioned, Burroughs seconded to suspend the rules and vote on the nomination at this meeting. 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 on the nomination, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 35. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Brock suggested a work session item on the sale of used vehicles on private property. B. Mayor Pro Tem Beasley requested staff begin the annexation process for the property where the asphalt plant was proposed. C. Council Member Young suggested the formation of the citizen task force to look at possible racial profiling in the city. 36. Items from the City Manager Mayor Brock indicated that a bond trip to New York might be near the end of March, 37. Mayor Brock announced that the earlier Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act would continue. 38. There was no official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 3¸1 32 City of Denton City Council Minutes February 6, 2001 Page 11 fiith no further bthsiness, the meeting was adjourned meeting at 8:00 p.m. ~ W-AL~ER~ -- "' - EULINE BROCK, MAYOR TY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS