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Minutes May 12, 1998 CITY OF DENTON CITY COUNCIL MINUTES May 12, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, May 12, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney–Under TEX. GOV’T. CODE Sec. 551.071 1. Met with City Attorney to consider strategy, discuss status, appointment of a representative for possible mediation, and possible settlement authority in litigation styled Denton County Historical Museum, Inc. v. Denton County, Texas and City of Denton, Texas, et al., Cause No. GC-98-00098-C filed in the Probate Court of Denton County, including, but not limited to issues related to allegations of breach of contract and ownership of artifacts. B. Conference with Employees—Under TEX. GOV’T. CODE Sec. 551.075. The Council received information from employees or question employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Special Called Meeting on Tuesday, May 12, 1998 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1. Pledge of Allegiance to the U.S. Flag and Texas Flag The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. PRESENTATIONS/AWARDS 3. Proclamations Mayor Miller presented a proclamation for “Safe Boating Week.” 4. Yard of the Month Awards Mayor Miller presented the Yard of the Month Awards to: Linda and Terry Schertz Barbara and Ray Harris John and Barbara Jenkinson Ruby Henderson City of Denton City Council Minutes May 12, 1998 Page 2 Commercial Award - Applebee’s, Commercial Award Downtown Business Award - Bank building at corner of Hickory and Locust CITIZEN REPORTS 5. The Council received a report from Mildred Hawk regarding trees. Ms. Hawk stated that she was upset about a tree that had been cut down near her home. The individual who cut down the tree did not have a permit nor did he have a plat filed. The following day he obtained the permit he needed and cut down that tree and other trees on the property. The developer would be planting trees to replace the ones removed but they would be much smaller than the ones removed. She felt there should be a penalty for the trees that were removed without a permit. Council Member Cochran asked for a detailed report regarding the incident. Mayor Miller indicated that such a report was in the Council’s mail but further information could be obtained. CONSENT AGENDA Young motioned, Beasley seconded to adopt the Consent Agenda and the accompanying ordinances. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 6. NO. 98-119 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SUBSTATION CONTROL HOUSE AND SWITCHGEAR ASSEMBLY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2180 – Arco Substation Phase II Control House and Switchgear in the amount of $226,550.00 awarded to Powell Industries) 7. NO. 98-120 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RELOCATION OF HOUSE FROM 1301 MYRTLE STREET, DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2193 – Moving of House awarded to Denton County Housemovers in the amount of $72,700.00) 8. NO. 98-121 City of Denton City Council Minutes May 12, 1998 Page 3 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF OFFICE SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2198 – Lease of Office Space awarded to Ash Properties at $19,560.00 per year) 9. NO. 98-122 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR UNDERGROUND FUEL STORAGE TANKS AND FUEL ISLAND REPLACEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2178 – Underground Storage Fuel Tanks and Fuel Island Replacement in the amount of $176,817.00 awarded to Nor-Tex Pump Co., Inc.) 10. NO. 98-123 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR INSTALLATION OF GABION STONE CHANNEL IMPROVEMENTS IN NORTH PECAN CREEK AND WILLOW CREEK IN THE AMOUNT OF $208,080.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2185 – Willow Creek/Good Samaritan Drainage awarded to DBR Construction in the amount of $208,080.00) 11. NO. 98-124 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 97-255 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 12. A TAX REFUND TO THE RINEY FAMILY TRUST, ACCOUNT #156326 IN THE AMOUNT OF $2,839.16. THE 1997 TAXES WERE PAID TWICE, ONCE BY MS. K. L. RINEY, TRUSTEE, ON DECEMBER 15, 1997, AND ONCE BY THE PARTY LEASING THE PROPERTY ON JANUARY 28, 1998 RESULTING IN AN OVERPAYMENT. 13. A TAX REFUND TO THOMAS MERRITT, ACCOUNT #175825 IN THE AMOUNT OF $596.42. THE 1997 TAXES WERE PAID TWICE, ONCE BY MR. MERRITT ON DECEMBER 1, 1997, AND ONCE BY HIS MORTGAGE COMPANY, NATIONBANC MORTGAGE CO., ON DECEMBER 31, 1997 RESULTING IN AN OVERPAYMENT. 14. NO. 98-125 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT City of Denton City Council Minutes May 12, 1998 Page 4 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 FOR AN EFFECTIVE DATE. 15. NO. 98-126 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN 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 FOR AN EFFECTIVE DATE. 16. NO. 98-127 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (Texas Industries for the Blind and Handicapped, Median and Grounds Maintenance $21,525.00) PUBLIC HEARINGS 17. The Council held a public hearing and considered amending Specific Use Permit 211 (S-211) to allow for an additional 0.788 acres within the approved SUP for a maximum of 0.867 acres. The subject property was part of an 18-acre tract bounded by Bonnie Brae, Scripture, and Thomas, and also known as McKenna Park. (The Planning and Zoning Commission recommended approval 7-0.) (Z-98-015) Mark Donaldson, Assistant Director for Planning and Development, stated that there was an existing Specific Use permit at McKenna Park. The Electric Utilities Division had requested that the permit be expanded to almost an acre. The site included the McKenna Park water tower and associated buildings for that tower. Council Member Cochran felt that there was a difference between what the Planning and Zoning Commission had voted on and what was included in the proposed ordinance. His understanding that that the proposal was approved with the condition that the landscape ordinance would be in effect. The proposed ordinance for Council consideration did not contain that condition. Donaldson indicated that it should be included. Council Member Cochran asked about the use of the tower and associated building. Ray Wells, Superintendent/Substations and Metering, stated that the City would install two 800 megahertz antennas. The associated building would occupy 200 square feet. City of Denton City Council Minutes May 12, 1998 Page 5 The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-128 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SPECIFIC USE PERMIT #211 (S-211) ON .0791 ACRES, TO INCREASE THE ALLOWABLE AREA WITHIN THE SPECIFIC USE PERMIT TO 0.867 ACRES OF LAND LOCATED ON THE NORTH SIDE OF SCRIPTURE, BETWEEN BONNIE BRAE AND THOMAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance with the amendment for landscaping. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 18. The Council held a public hearing and considered an amendment to the concept plan for 15.8 acres and approval of a detailed plan for 0.472 acres located in Planned Development 83 (PD-83) zoning district to allow for a change in the permitted use from Two Family on six lots to Single Family- 6 on three lots that are 6,000 square feet minimum (The Planning and Zoning Commission recommended approval 7-0.) (Z-98-012, Audra Meadows) Mark Donaldson, Assistant Director for Planning and Development, stated that PD83 was located south of Audra Lane and west of Loop 288. The applicant was asking to reduce the number of housing units on the property from Two-Family on six lots to Single Family -6 on three lots. The Mayor opened public hearing. No one spoke during the public hearing. The following ordinance was considered: NO. 98-129 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 84-117 TO PROVIDE FOR A CHANGE IN THE CONCEPT PLAN FOR THE PLANNED DEVELOPMENT (PD) NO. 83 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND PROVIDING FOR APPROVAL OF A DETAILED PLAN ON 0.472 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes May 12, 1998 Page 6 Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 19. The Council held a public hearing and considered rezoning 3.491 acres located on the northeast corner of Highway 377 and Hamilton Road from Agricultural (A) zoning district to Commercial Conditioned (C[c]) zoning district. The property was legally described as part of Tract 15 (in City) of the J. Severe Survey (Abstract 1164), City of Denton, Denton County, Texas. The applicant proposed to develop an office and retail center. (The Planning and Zoning Commission recommended approval 6-1 with conditions.) (Z-98-002) Mark Donaldson, Assistant Director for Planning and Development, stated that the request was to amend the zoning of this property from agricultural to commercial. During the process, a set of conditions was developed for the proposal. The Planning and Zoning Commission considered the request in March and was unsatisfied with the conditions discussed and requested that the applicant meet with the neighbors and return at a later date. A neighborhood meeting was held st March 31 with 13 residents attending. The Planning and Zoning Commission reconsidered the th request on April 8. The six conditions recommended by the Planning and Zoning Commission were included in the agenda back-up materials. Council Member Young asked what type of business would be located on the property. Donaldson stated it would be a glass shop for residential and commercial properties. The proposal was to make the building large enough for tenants. Burroughs asked how this zoning fit in the Denton Plan Policy. Donaldson stated it was consistent with the Plan in several areas. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-130 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION TO COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.491 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF U.S. HIGHWAY 377 AND HAMILTON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance with the additional prohibited use City of Denton City Council Minutes May 12, 1998 Page 7 of a gas station and convenience store. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “nay”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 20. The Council held a public hearing and considered approval of a Development Plan, amending the approved concept plan for Planned Development District Number 20 (PD-20). The 136.365 acres of land was located along the southwest side of Interstate 35-E between Lillian Miller and State School Road. A multiple use development was proposed with Light Industrial, General Retail, Office, Multi- Family, Single-Family and Recreation uses. (The Planning and Zoning Commission recommended approval 5-2.) (Z-98-014) Mark Donaldson, Assistant Director for Planning and Development, presented an overview of the requested development as indicated in the agenda back-up materials. Council Member Kristoferson asked what kind of roads were Sam Bass Road and Old North Road. Rick Svehla, Deputy City Manager, stated that they were both classified as collector roads. Council Member Cochran asked about the development plan for the site. If the development plan were approved, the Council would not have any input for ten years. Donaldson replied correct. Council Member Cochran asked if it were possible to approve a concept plan but not a development plan and thus keep the Council involved in the development. Donaldson replied yes. Council Member Cochran stated that the plan implied that buffer yards should be required between residential property. Donaldson stated that the developers wrote that buffer yards would be put in place without any specifics. Cochran asked if the developers would be mining the property. Donaldson stated that the applicant wanted to sell the rights to the clay on the property to Acme Brick. Mayor Pro Tem Beasley stated this PD was zoned in 1974 and the applicant was now asking for a small change in the zoning that was the development plan. Donaldson stated the applicant was requesting minor amendments to the concept plan that changed the configuration of the land uses. Added requirements were included to receive approval of the development plan that specified the boundaries of each designated district. City of Denton City Council Minutes May 12, 1998 Page 8 Council Member Burroughs asked if the amount of acreage for recreational use was in alignment with the park dedication ordinance. Donaldson replied yes. Council Member Young asked if the City would develop the land given for park dedication. Svehla stated there were development requirements and development fees based on the permitting requirements. The Mayor opened the public hearing. Brad Meyer, Carter and Burgess, spoke in favor of the proposal. He reviewed the details of the development as included in the agenda back-up materials. Bob Shelton spoke in favor of the proposal. Mitchell Turner spoke in opposition. No neighborhood meeting was held regarding this proposal. He was concerned about the increased traffic in the area. He suggested that the proposal be approved provided the developer would construct the street as a four lane divided street with an 80’ right-of-way. Ray Braswell, Denton Independent School District, stated that the District was neither for nor against the proposal. He stated that the area between Teasley Lane and State School Road and between Robinson and I35 was the site of a high amount of development. That development could have a large impact on the school system. An elementary school was needed somewhere in that area. The DISD had had preliminary discussions with three of the four major developers in the area. As the Council deliberated on this issue, he asked that the Council consider where the DISD was in terms of schools. Council Member Kristoferson asked about the percentage of transportation costs for the DISD budget. Braswell indicated that there were costs associated with transportation and the DISD tried to locate schools that would minimize those costs. He did not know the exact percentage. Council Member Young asked if the DISD was planning on building a school near this development. Braswell stated once the entire area was built out, there would be a need for a second elementary school in the area. The Sam Houston School would not be able to serve the entire area once construction was completed in all of the area developments. Council Member Young asked if the DISD wanted a developer to give them property for a school. City of Denton City Council Minutes May 12, 1998 Page 9 Braswell replied no but that they were trying to negotiate with a developer in one of those four development areas. Preliminary discussions had been held but nothing concrete at this point in time. Mayor Pro Tem Beasley indicated that the DISD already had some property in the Oakmont area and on Teasley and asked if students from these developments would attend those locations. Braswell stated that as the four developments in this area were completely developed, students would need a school they could walk to. Donna Taylor spoke in opposition to the proposal. She felt that the developers needed to support the school district and offer land at an affordable price to school district. The applicant was allowed a five minutes rebuttal. Shelton stated that they would be willing to work with the DISD regarding a potential school site. They were aware of the school situation and what the developments would be adding to the school situation. The Mayor closed the public hearing. Council Member Cochran asked what determined a collector street. Donaldson stated that a collector street carried 790 vehicles per hour. Council Member Cochran stated that if part of the property were zoned light industrial, then a Safety Kleen or United Copper could develop near the residential sections. He was concerned about trip generation with this development and the possibility of developing light industrial next to residential. He stated that he would not be voting in favor of this proposal. Mayor Pro Tem Beasley stated that if the new plan was not approved, then the prior plan could be used. Kristoferson motioned, Cochran seconded to deny the request. Kristoferson stated that her primary concern was for the density/intensity in the area. She felt that the traffic issue had not been addressed. She was also concerned about the water quality of the proposed lake and the problem of silt accumulation as was happening in similar private lakes in the area. A possible school site was also a concern. If a school site could not be built in this area, the children in the area would be denied the ability to walk or bike to a neighborhood school. Durrance stated his concerns with the proposal dealt with density/ intensity zoning of the area. The fact that Council could be dropped out of the loop in regards to future development was also a concern. On roll vote on the motion to deny, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “nay”, Burroughs “nay”, and Mayor Miller “nay”. Motion carried with a 4-3 vote. City of Denton City Council Minutes May 12, 1998 Page 10 21. The Council held a public hearing regarding the proposed annexation of a 30.32-acre property located in northwest Denton, north of Highway 77 near its intersection with Interstate 35. Mark Donaldson, Assistant Director for Planning and Development, presented an overview of the request of the details included in the agenda materials. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required by Council at this meeting. ITEMS FOR INDIVIDUAL CONSIDERATION Item #27 was considered. 27. The Council considered approval of a resolution by the City of Denton, Texas authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 1998 Action Plan for Housing and Community Development 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 providing for an effective date. Barbara Ross, Community Development Administrator, stated that approval of this resolution would authorize the submission of the 1998 action plan for Housing and Community Development to the U.S. Department of Housing and Urban Development. The recommendations of the Human Services Advisory Committee and the Community Development Advisory Committee were included in the document. There had been some concern regarding the level of funding for the King Kids Program at the Martin Luther King, Jr. Center and the Owsley Program. The Parks Department had revised the requested budget amount for both programs. Those revisions resulted in only a $3,800 difference in what was needed for the programs in 1999 and what the committee had recommended. There was $3,151 left in the 1996 funding from the Owsley program that could be reprogrammed into the MLK King Kids and the Owsley program. That left approximately $700 to find to fully fund those programs. It was felt that that money could be found in other public service programs. Raymond Redmon asked the City Council not to reduce the funding for the King Kids Programs and the Owsley program. The following resolution was considered: NO. R98-021 A RESOLUTION BY THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 1998 ACTION PLAN FOR HOUSING AND COMMUNITY City of Denton City Council Minutes May 12, 1998 Page 11 DEVELOPMENT 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 PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 22. The Council considered adoption of an ordinance partially vacating a certain utility easement recorded in Plat Records of Denton County at Volume 3, Page 51, as it pertains to Lot 16, Block 18 of the Southridge Addition; and providing for an effective date. (The Planning and Zoning Commission recommended approval 5-0.) (The Development Review Committee recommended approval.) Rick Svehla, Deputy City Manager, presented overview of the request as noted in the agenda back-up materials. The following ordinance was considered: NO. 98-131 AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT RECORDED IN PLAT RECORDS OF DENTON COUNTY AT VOLUME 3, PAGE 51, AS IT PERTAINS TO LOT 16, BLOCK 18 OF THE SOUTHRIDGE ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 23. The Council considered adoption of an ordinance partially vacating a certain sanitary sewer easement recorded in the Deed Records of Denton County, Texas at Volume 457, Page 375, as it pertains to Lot 6, Block A, of the Sherman Oaks Addition; and providing an effective date. (The Planning and Zoning Commission recommended approval 7-0.) (The Development Review Committee recommended approval.) The following ordinance was considered: NO. 98-132 AN ORDINANCE PARTIALLY VACATING A CERTAIN SANITARY SEWER EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 457, PAGE 375, AS IT PERTAINS TO LOT 6, BLOCK A, OF THE SHERMAN OAKS ADDITION; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, City of Denton City Council Minutes May 12, 1998 Page 12 Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 24. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Alan Ritchey, Inc. to lease certain premises of the Municipal Airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and providing an effective date. (Airport Board recommended approval.) Linda Ratliff, Director of Economic Development, stated that the applicant was proposing to build a hanger on the site for the purpose of storage, office space, hanger lease space and transport activities. The lease was for thirty years with two ten-year options. Revenue for the thirty year term would exceed $290,000. The following ordinance was considered: NO. 98-133 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN RITCHEY, INC. TO LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT AND CONSTRUCT AND MAINTAIN AN AIRCRAFT HANGAR AND RELATED AVIATION FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 25. The Council considered approval of a resolution recommending a location for the Texas Department of Transportation Governor’s Community Achievement Award; and providing an effective date. (The Keep Denton Beautiful Board recommended approval.) Cecile Carson, Planner III, stated that this resolution was the formal request to the Texas Department of Transportation to begin plans for landscaping Fort Worth Drive between I35E and Collins Street. It was anticipated that plans would be returned to the City for approval in a few months and construction started in March of 1999. The following resolution was considered: NO. R98-020 A RESOLUTION RECOMMENDING A LOCATION FOR THE TEXAS DEPARTMENT OF TRANSPORTATION GOVERNOR’S COMMUNITY ACHIEVEMENT AWARD; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes May 12, 1998 Page 13 26. The Council considered adoption of an ordinance of the City of Denton, Texas amending Article V “Public and Semipublic Swimming Pools” of the Code of Ordinances of the City of Denton by amending Section 14-113 “Permits to Operate” to reduce the annual swimming pool inspection fee, providing a savings clause, and providing an effective date. Rick Svehla, Deputy City Manager, stated that Council discussed this item during the budget work sessions and it was decided to return to the existing rate. This ordinance would reduce the inspection fee back to the existing rate. Burroughs motioned, Young seconded to adopt the ordinance with a provision for refunding the difference between the two rates to anyone who had paid the higher fee. On roll vote, Beasley “aye”, Kristoferson “aye”, Cochran “aye”, Durrance “aye”, Young “aye”, Burroughs “aye”, and Mayor Miller “aye”. Motion carried unanimously. 28. The Council considered nominations/appointments to City’s Boards and Commissions. There were no nominations/appointments made at this meeting. 29. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for the Council. 30. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Cochran requested that the City Attorney look into the open container law. With no further business, the regular session was adjourned at 10:25 p.m. Following the completion of the Special Called Session, the Council convened into a Work Session. 1. The Council received a report and held a discussion regarding the potential impact of TMPA stranded investment on the City of Denton and possible solutions. Sharon Mays, Director of Electric Utilities, introduced representatives of the Reed Consulting Group who reviewed the materials included in the agenda backup regarding the potential impact of TMPA stranded investments and possible solutions.. With no further business, the meeting was adjourned. _______________________________ City of Denton City Council Minutes May 12, 1998 Page 14 JACK MILLER, MAYOR CITY OF DENTON, TEXAS _________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS