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Minutes May 01, 200113'8 CITY OF DENTON CITY COUNCIL MINUTES May 1, 2001 Regular Meeting of the City of Denton City Council on Tuesday, May 1, 2001 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Brock; Mayor Pro Tern Bcasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of thc audience recited the pledge to the U.S. and Texas flags. PRESENTATIONS 2. Mayor Brock presented the following proclamations: A. Mental Health Month B. Dr. Norval Pohl Day C. Denton Cin¢o de Mayo Day D. Drinking Water Week in Denton E. Arson Awareness Week CITIZEN REPORTS 3. Jackie Sasser regarding harassment by a council member. Ms. Sasser stated that she had been harassed at her work place by a Council Member regarding her husband's campaign materials and who and how those materials were made. 4. Petemia Washington regarding the Racial Profiling Task Force. Ms. Washington felt that racial profiling was done against young African-American youth and questioned the members of the task force who were being appointed by the Council in regards to their qualifications. 5. Ross Melton regarding the City Attorney, Code Enforcement, and the City Council. Mr. Melton spoke again about his perception that there was a lack of a definition for trash and the inconsistent policies of Code Enforcement. 6. Carolyn Phillips regarding the Southeast Denton Neighborhood Association. Billy Brasfield spoke for Ms. Phillips. He commented on the selection of members to the Racial Profiling Task Force and felt that members should have not been appointed until after the election. He felt that the appointment from southeast was not the appointment that the community wanted. 13 9 City of Denton City Council Minutes May 1, 2001 Page 2 NOISE EXCEPTIONS 7. The Council considered a request for an exception to the noise ordinance for a Denton Cinco de Mayo event hosted by Canales Production at North Texas Fairgrounds on Sunday, May 6, 2001 from Noon to 9:30 p.m. Council discussed the pros and cons regarding the granting of the request due to noise complaints received last year. Burroughs motioned, Young seconded to grant the exception with the condition of meeting the proposed noise ordinance conditions and not exceeding the current ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 8. The Council considered a request for an exception to the noise ordinance for a Campaign and Birthday Party on Reed and McDonald Streets between (1004 Reed and 1212 McDonald) on Saturday, May 5, 2001, until Midnight. Young motioned, Beasley 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 carded unanimously. CONSENT AGENDA Beasley motioned, Kristoferson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. Approved a tax refund to Johunie L. Simon in the amount of$599.11. The 2000 property tax was paid twice. 10. Approved a tax refund to Lymperis Koziris in the amount of $726.66. The 2000 property tax was paid twice. 11. Approved a tax refund to Centex Homes in the amount of $2,776.38. The 2000 property tax was paid twice. 12. Approved a tax refund to Extraco Mortgage in the amount of $812.70. The 2000 property tax was paid twice. 13. Approved a tax refund to David Coulter and Shelley Cushman in the amount of $805.00. The 1999 property tax was paid twice. 14. Approved a tax refund to Connie Suttle in the amount of $881.35. The 2000 property tax was paid twice. 140 City of Denton City Council Minutes May 1, 2001 Page 3 15. Approved a tax refimd to Kyle & Nancy Baker in the amount of $941.42. The 2000 property tax was paid twice. 16. Approved a tax refund to Nell Elliott in the amount of $2,091.30. Mrs. Elliott erroneously paid her Denton County and DISD taxes to the City of Denton. 17. Approved a tax refund to Charles Q. Michie in the amount of $1,013.53. The 2000 property tax was paid twice. 18. Approved a tax refund to DolgenCorp Texas, Inc. in the amount of $1,025.58. The 2000 property tax was paid twice. 19. Approved a tax refund to David Haesle in the amount of $731.44. The 2000 property tax was paid twice. 20. Approved a tax refund to United Copper Industries in the amount of $1,934.03. The 2000 property value was decreased by the Denton Central Appraisal District. 21. NO. 2001-182 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 22. NO. 2001-183 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH DENTON COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2675 - INTERLOCAL AGREEMENT FOR FURNITURE WITH DENTON COUNTY, CONTRACT AWARDED TO MCKINNEY OFFICE SUPPLY IN THE AMOUNT OF $31,428.81). 23. NO. 2001-184 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN AIRPORT PROJECT PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR FINANCIAL ASSISTANCE TO THE DENTON MUNICIPAL AIRPORT FOR DESIGN/ENGINEERING COSTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes May 1, 2001 Page 4 24. NO. R2001-016 A RESOLUTION ALLOWING METZLERS FOOD AND BEVERAGE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 5, 2001, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 25. NO. R2001-017 A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE HISTORIC HOMEOWNERSHIP ASSISTANCE ACT AND URGING CONGRESS AND THE PRESIDENT TO ENACT IT EXPEDITIOUSLY; AND PROVIDING AN EFFECTIVE DATE. 26. NO. 2001-185 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CJW PARTNERS FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF SEWER MAIN AND 1N ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 27. NO. 2001-186 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CJW PARTNERS FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 28. NO. 2001-187 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH EMCON FOR COMPLETION OF CONSTRUCTION QUALITY ASSURANCE AND CONSTRUCTION MANAGEMENT TASKS FOR CITY OF DENTON LANDFILL CELLS 2A AND 2B; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE. 29. This item was pulled from consideration. 141 142 City of Denton City Council Minutes May 1, 2001 Page 5 PUBLIC HEARINGS 30. The Council held a public hearing to receive citizen comments regarding cable television rates. John Cabrales, Public Information Officer, reviewed the details of the proposed changes that were included in the agenda materials. The Mayor opened the public heating. The following individual spoke during the public hearing: Guy Litton, 2608 Whispering Oaks, Denton, 76209 - opposed to the increase The Mayor closed the public heating. 31. The Council held a public hearing and consider adoption of an ordinance granting approval of a subsurface use of a portion of the Denton Branch Rail/Trail approximately 1,850 feet south of Corinth Loop road at milepost 728 for the installation of a wastewater sewer line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an easement and providing an effective date. Bob Tickner, Superintendent of Parks and Recreation, stated that this request was from the City of Corinth for installation of an underground sewer line under Denton's Rail/Trail corridor. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Young left the meeting. The following ordinance was considered: NO. 2001~188 AN ORDINANCE GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL APPROXIMATELY 1,850 FEET SOUTH OF CORINTH LOOP PARKWAY AT MILEPOST 728 FOR THE PURPOSE OF A WASTEWATER SEWER EASEMENT iN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDiNG FOR A DRAINAGE EASEMENT AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Ktistoferson "aye", and Mayor Brock "aye". Motion carried unanimously. 143 City of Denton City Council Minutes May 1, 2001 Page 6 32. The Council held the second of two public hearings regarding the involuntary annexation and service plan for approximately 122 acres of land in the western section of the City of Denton Extraterritorial Jurisdiction (ETJ). The site was generally located along Masch Branch Road south of Hampton Road north of Highway 380. (A-Ol-O004, Masch Branch Road) Doug Powell, Director of Planning and Development, stated that at the February 6th Council meeting, Council instructed staff to begin this annexation with a reduction of area to a 1000-foot corridor. The Mayor opened the pubic hearing. Council received a letter from Patricia Adams regarding the annexation. The following individual spoke during the public hearing: Patricia Adams, 1710 Westminster, Denton 76206 - opposed to the annexation with offer to restricted covenant in regards to an asphalt plant. The Mayor closed the public hearing. 33. The Council held the first of two public hearings regarding a proposed voluntary annexation and service plan for approximately 77.5 acre tract of land located north of Loop 288, east of Stuart Road and west of Sherman Drive in the extraterritorial jurisdiction of the City of Denton, Texas. (A-01-O001, Denton ISD) Doug Powell, Director of Planning and Development, stated that this was a voluntary annexation in association with a school site. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Young returned to the meeting. 34. The Council held a public hearing and considered adoption of an ordinance amending the Concept Plan and Detailed Plan for approximately 4,28 acres located in the Planned Development 132 (PD-132) zoning district, commonly known as The Preserve at Pecan Creek. The property was generally located northeast of the intersection of Interstate 35E and Lakeview Boulevard and east of Swisher Road. The intent was to modify the scope and phasing of transportation improvements associated with The Preserve at Pecan Creek development. The Planning and Zoning Commission reconunended approval (7-0) with conditions. (Z-Ol-O003, Preserve at Pecan Creek) Doug Powell, Director of Planning and Development, stated that the developer was requesting an amendment to the required transportation requirements. Currently, the requirement was to ~xt~nd Lak~vi~w Boulevard northward and to construct an extension of Edwards Road fi.om City of Denton City Council Minutes May 1, 2001 Page 7 Swisher Road to the northern extension of Lakeview Boulevard when Tract D or M were developed. The applicant would like to delay the Edwards Road extension until such time as Tracts L, M or O were developed. Marc Footlik stated that in order to facilitate the School District they were requesting a different access point until the second phase of the development was built out and the traffic conditions were met per the development requirements. John Anderson spoke regarding the details of paving the streets and what was required of the developer The Mayor opened the public hearing. The following individuals spoke during the public heating: Kevin McCormack, 3031 Swisher Road, Denton, 76208 - opposed Gina Nunez, 3325 Swisher Road, Denton, 76208 - opposed Rebecca Nunez, 3057 Swisher Road, Denton, 76208 - opposed Doss Phillips, 3397 Swisher Road, Denton, 76208 - opposed Marc Footlik was allowed a five minute rebuttal Alice Pockrus - questioned if closing Pockrus Page Road The Mayor closed the public hearing. Council Member Young motioned to postpone consideration until the next regular council meeting to allow the developer to meet with the residents to work out the concerns of the area residents. Motion died for lack of a second. The following ordinance was considered: NO. 2001-189 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 98-394 AND 98-395, TO PROVIDE A CHANGE IN THE REQUIRED TRANSPORTATION IMPROVEMENTS FROM THE PLANNED DEVELOPMENT 132 (PD-132) ZONING DISTRICT AND LAND USE CLASSIFICATION; 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-01-003) Kristoferson motioned, Cochran seconded the motion based on his assurance that the developer would maintain the potholes in the area. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durranco "nay", Kriatofcrson "aye", Young "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote. 35. The Council held a public heating and considered adoption of an ordinance approving a Zoning Plan at 801 Sherman Drive from a Single Family (SF-7) zoning district to a Planned Development (PD) zoning district. The 0.6 acre property was generally located on the west side 145 City of Denton City Council Minutes May 1, 2001 Page 8 of Sherman Drive, approximately ¼ mile north of Bell Avenue. A convenience store with gasoline sales was proposed. At the March 28, 2001 Planning & Zoning Commission meeting, a motion to deny failed (3-4); the motion to continue the case to April 11, 2001 was approved (6- 1). The Planning and Zoning Commission's motion to approve failed (2-5) on April 11, 2001. Therefore, no recommendation was made by the Planning and Zoning Commission. (ZP~01- 0002, Sherman Shell) Ed Snyder, Deputy City Attorney, stated that a simple majority vote would be required due to the lack of a recommendation by the Planning and Zoning Commission. Doug Powell, Director of Planning and Development, stated that the property had been zoned SF-7 since 1969. The proposal was to update the present gas station with a convenience store with gasoline sales. The Planning and Zoning Commission passed the proposal on to Council with no recommendation. Joel Plangman, 3300 W. University, Denton, 76207, made a presentation to Council. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Doug Haggard, 703 Lynwood, Denton, 76201 - opposed Diana Arrbaugh, 828 Sherman Drive, Denton, 76201 - opposed Laurie Adams, 800 Sherman Drive, Denton, 76201 - opposed Dave Piatt, 809 Greenwood, Denton, 76201 - opposed Gerald Mink, 740 Sherman Drive, Denton, 76201 - opposed Lori Erickson, 816 Sherman Drive, Denton, 76201 - opposed Joel Plengman was allowed a five minute rebuttal The Mayor closed the public hearing. Durrance motioned, Cochran seconded to deny the request. On roll vote, Beasley "aye", Burroughs "nay", Cochran "aye", Durrance "aye", Kristoferson "nay", Young "nay", and Mayor Brock "nay". Motion failed with a 3-4 vote. The following ordinance was considered: NO. 2001-190 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR 0.6 ACRES LOCATED WITHIN A SINGLE FAMILY (SF-7) ZONING DISTRICT; TO CHANGE TO A PLANNED DEVELOPMENT (PD) DISTRICT TO ALLOW FOR GENERAL RETAIL USES; THE SUBJECT PROPERTY BEING LOCATED ON THE WEST SIDE OF SHERMAN DRIVE, APPROXIMATELY ¼ MILE NORTH OF BELL AVENUE; 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. (ZP-01-0002) City of Denton City Council Minutes May 1, 2001 Page 9 Young motioned, Burroughs seconded to adopt the ordinance with the hours of operation being limited to 6:00 a.m. to 10:00 p.m., no signs on the exterior of the building except within the windows, signage would be detailed and delineated on the detailed/project plan, all free-standing signs would be monument signs, neon signs would not be allowed, no outdoor loud speakers, the detailed/project plan would incorporate the photos showing the exterior elevations of the building as presented to the Council at the public hearing on May 2, 2001 and the standard lighting conditions. On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carded with a 4-3 vote. 36. The Council held a public hearing and considered adoption of an ordinance approving a Zoning Plan at 3502 E. McKirmey Street from an Agriculture (A) zoning district to a multi- family conditioned (MR-I[c]) zoning district. The 22.0 acre property was generally located on the south side of McKinney, less than 1000' west of Loop 288. A multi-family complex was proposed. The Planning and Zoning Commission recommended approval (5-2) with conditions. (ZP-OI-O003, Knollwood Villas) Doug Powell, Director of Planning and Development, stated that the applicant was requesting rezoning for a multi-family complex with 264 units at a density of 12.0 dwelling units per acre. The overall density of the site was more than the density allowed under the Interim Regulations of 8.8 units per acre. The proposed Zoning Plan provided a transition between the higher intensity commercial land uses to the east and the lower intensity single family uses and vacant property to the west. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Allen Buscell - favor Brian Potashalk, 3424 Connell Ave, Dallas, 75240 - favor Bernard Weinstein, 7219 Canongate, Dallas, 75248 - favor Thomas Harris - 901 Imperial Drive, Denton, 76209 - favor The Mayor closed the public hearing. NO. 2001-191 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR A ZONING PLAN FOR APPROXIMATELY 22 ACRES LOCATED WITHIN AN AGRICULTURE (A) ZONING DISTRICT; TO CHANGE TO MULTI-FAMILY CONDITIONED (MF[c]) DISTRICT TO ALLOW FOR MULTI-FAMILY USES; THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, APPROXIMATELY 1000' WEST OF LOOP 288; 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. (ZP-01-0003) 147 City of Denton City Council Minutes May 1, 2001 Page 10 Young motioned, Burroughs seconded to adopt the ordinance with the conditions from the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "nay". Motion carried with a 6-1 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 37. The Council considered approval of a resolution of the City of Denton, Texas, authorizing the City Manager to participate with the City of Ft. Worth in the development and submission of a grant application under the United States Department of Housing and Urban Development Lead-Based Paint Hazard Control grant program; establishing objectives and projected use of funds with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended and all other applicable laws; providing for an effective date. The following resolution was considered: NO. R2001-018 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO PARTICIPATE WITH THE CITY OF FT. WORTH IN THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM; ESTABLISHING OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED AND ALL OTHER APPLICABLE LAWS; PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, Cochran 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 carded unanimously. 38. The Council considered approval of a resolution approving a Project Plan for 3.086 acres, in a Commercial conditioned (C[c]) zoning district, located at the southeast comer of Pockrus Page Road and 1-35E Service Road. An auto dealership is proposed. (SP-OI-O05, House Smart Addition) The following resolution was considered: NO. R2001-019 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESIDENTIAL PROJECT PLAN FOR HOUSE SMART ADDITION, BEING AN APPROXIMATE 3.086 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD; AND PROVIDING FOR A.N EFFECTIVE DATE, (SP-01-0005) i 4: 81City of Denton City Council Minutes May 1, 2001 Page 11 Don Anderson spoke on the issue. Kristoferson motioned, Young 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 carded unanimously. 39. The Council considered approval of a resolution of the City Council of the City of Denton, Texas, amending the policy for tax abatement for the City of Denton to establish guidelines and criteria governing tax abatement agreements to allow waiver of the five million dollar threshold and the maximum tax abatement percentage, to define professional positions; to make other changes as set forth in the amended policy; and declaring an effective date. The following resolution was considered: NO. R2001-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING THE POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS TO ALLOW WAIVER OF THE FIVE MILLION DOLLAR THRESHOLD AND THE MAXIMUM TAX ABATEMENT PERCENTAGE TO DEFINE PROFESSIONAL POSITIONS; TO MAKE OTHER CHANGES AS SET FORTH IN THE AMENDED POLICY; AND DECLARING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Dm'rance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried with a 6-1 vote. 40. The Council considered approval of a resolution to declare the intent to reimburse expenditures from the net contributed capital of the Water Fund with Revenue Bonds so that the Lake Ray Roberts Water Treatment Plant may be commenced; and provide an effective date. The following resolution was considered: NO. R2001-021 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE NET CONTRIBUTED CAPITAL OF THE WATER FUND WITH REVENUE BONDS SO THAT THE LAKE RAY ROBERTS WATER TREATMENT PLANT MAY BE COMMENCED; AND PROVIDE AN EFFECTIVE DATE. Burroughs motioned, Young 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 carded unanimously. 41. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for the construction of the Lake Ray Roberts 20 mgd Water Treatment Plant; 149 City of Denton City Council Minutes May 1, 2001 Page 12 providing for the expenditure of funds therefore; and providing an effective date. (Bid 2612 awarded - total expenditure $35,895,257.00) The following ordinance was considered: NO. 2001-192 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTWE DATE Beasley motioned, Durrance 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 carded unanimously. 42. The Council considered approval of a resolution accepting the resignation of Howard Martin and appointing Timothy S. Fisher as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The following resolution was considered: NO. R2001-022 A RESOLUTION ACCEPTING THE RESIGNATION OF HOWARD MARTIN AND APPOINTING TIMOTHY S. FISHER AS THE CITY'S REPRESENTATIVE TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE Kristoferson 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 carded unan/mously. 43. The Council considered adoption of an ordinance amending Ordinance 94-183, and Section 2-29 of the City of Denton Code relating to roles of procedure for the City Council of the City of Denton, and all amending ordinances, and repealing and consolidating ordinances 76-48, 81-35, 90-026, 90-150, 92-115, 93-073, 94-183, 96-045, 96-057, 96-085, 96-257, 98-246, 98- 325, 98-415, 99-028, and 2000-420. The following ordinance was considered: NO. 2001-193 AN ORDINANCE AMENDING ORDINANCE 94-183, AND SECTION 2-29 OF THE CITY OF DENTON CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, AND ALL AMENDING ORDINANCES~ AND REPEALING AND CONSOLIDATING ORDINANCES 76-48~ 1- 5 0 City of Denton May 1, 2001 Page 13 City Council Minutes 81-35,90-026,90-150,92-115,93-073,94-183,96-045,96-057,96-085,96-257,98-246, 98-325,98-415,99-028, AND2000-420. Burroughs 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 carded unanimously. 44. The Council considered appointments to the Racial Profiling Task Force. Council Member Burroughs appointed Peggy Fox Mayor Pro Tem Beasley appointed Petrina Washington. Mayor Brock appointed Gary Mueller. Council Member Cochran appointed Julis Bershell. Mayor Brock motioned, Durrance seconded to appointment Jorge Urbina as chair of the committee. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Brock "aye". Motion carried unanimously. 45. There were no nominations or appointments made to the City's Boards and Commissions. 46. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young asked for a consideration of the purchase land east of Mack Park for future expansion. 47. Items from the City Manager · Interim City Manager Martin did have any items for Council. 48. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 49. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 12:15 p.m. CITY OF DENTON, TEXAS EULINE BROCK, MAYOR CITY OF DENTON, TEXAS