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.
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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.
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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.
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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