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Minutes October 05, 1999CITY OF DENTON CITY COUNCIL MINUTES October 5, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, October 5, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney – Under TEX. GOV’T. Code Section 551.071. 1. Discussed with attorney an ordinance authorizing the City Manager to execute a compromise settlement agreement between the City of Denton and Wilton Rainey in final settlement of litigation styled Wilton Rainey v. City of Denton and Randy A. Leavell, Case No. 99-20152-158 filed in the th 158 District Court of Denton County; authorizing the expenditure of funds therefor; and declaring an effective date. The Council convened into a regular meeting on Tuesday, October 5, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None Posting of Colors by Cub Scout Pack 61 – Webelo Den 5 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 August 3, August 9, August 10, August 12, August 14, August 16, August 17, August 24, and August 31, 1999. Mayor Pro Tem Beasley and Council Member Burroughs requested a correction to the August rdth 3 and 17 minutes. Durrance motioned, Burroughs seconded to approve as amended. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. PRESENTATIONS/PROCLAMATIONS 3. October Yard of the Month Awards City of Denton City Council Minutes October 5, 1999 Page 2 Mayor Miller presented the October Yard of the Month Awards to: Steve T. Enfinger Ruth and Oran Thomas Mr. and Mrs. Austin Baker Jodie and Stephanie Stringer United Copper - Business award 4. Proclamations Mayor Miller presented proclamations for: Fire Prevention Week Car Care Week NOISE EXEMPTION 5. The Council considered a request for an exception to the noise ordinance for the Denton Main Street Association third annual Pops in the Park Concert to be held Sunday, October 17, 1999, in Civic Center Park from 3:00 p.m. to 6:30 p.m. Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. CONSENT AGENDA Council Member Cochran asked that Items #13 and #14 be pulled for public discussion. Cochran motioned, Burroughs seconded to approve the Consent Agenda and the accompanying ordinances excluding Items #13 and #14. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 6. Approved a tax refund to Norwest Mortgage for James E. Anthony, Jr. in the amount of $604.90. The 1998 property taxes were paid twice. 7. Approved a tax refund to Irwin Mortgage for Stephanie C. Watson in the amount of $600.00. The 1998 property taxes were overpaid. 8. Approved a tax refund to Don Merki in the amount of $756.62. The 1998 property taxes were paid twice. 9. NO. 99-354 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR PURCHASE OF REVERSE OSMOSIS WATER TREATMENT SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND City of Denton City Council Minutes October 5, 1999 Page 3 PROVIDING FOR AN EFFECTIVE DATE. (BID #2369 – REVERSE OSMOSIS SYSTEM FOR ELECTRIC GENERATION PLANT – IONICS AHLFINGER WATER COMPANY - $73,078) 10. NO. 99-355 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR SERVICES RELATING TO IMPROVEMENTS TO SOUTH LAKES PARK AND JOE SKILES PARK WITH SCHRICKEL, ROLLINS & ASSOCIATES, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PSA #2416 – SCHRICKEL, ROLLINS & ASSOCIATES, INC. - $71,500) 11. NO. 99-356 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED UTILITY CONSULTANTS, INC. FOR CONSULTING SERVICES PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PSA #2418 – DIVERSIFIED UTILITY CONSULTANTS, INC. - $65,000) 12. NO. 99-357 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING AN OFFER FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON AND PROVIDING FOR AN EFFECTIVE DATE. (FILE 2417 – SALE OF LAND 0.161 ACRES WELL SITE #5 – TRINITY PRESBYTERIAN CHURCH - $300) 15. AN ORDINANCE AND APPROVAL OF AN INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE FOLLOWING CITIES: A. 99-360 - City of Argyle B. 99-361 - City of Corinth C. 99-362 - City of Ponder 16. NO. 99-363 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND LEE ROY MITCHELL AND J.C. MITCHELL, RELATING TO THE PURCHASE OF 0.644 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 12); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes October 5, 1999 Page 4 17. NO. 99-364 AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, RELATING TO 0.127 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 26); AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 18. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for youth programs administered by Denton’s Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. Ed Hodney, Director of Parks and Recreation, stated that the after school programs were currently licensed as day care facilities by the State. Current legislation now allowed the facilities to be exempt from State licensing as long as certain standards of care were adopted and a public hearing was held. Standards were developed and were included in the agenda packet for consideration. Adoption of the standards would allow the fees currently paid to the State to be reinvested into the program. The proposed standards met or exceeded the State requirements. 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. 99-365 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING STANDARDS OF CARE FOR YOUTH PROGRAMS ADMINISTERED BY DENTON’S PARKS AND RECREATION DEPARTMENT PURSUANT TO TEXAS HUMAN RESOURCES CODE SECTION 42.041 (B) (14); AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 19. The Council held a public hearing and considered approval of a Detailed Plan for 1.1 acres within the Planned Development (PD-41) zone district. The property was located at the southeast corner of Loop 288 and East McKinney Street. A gas station and convenience store was proposed. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-066, 7-Eleven) City of Denton City Council Minutes October 5, 1999 Page 5 Mark Donaldson, Assistant Planning Director, stated that the detailed plan was the final step in the planned development process. A concept plan had been in effect since 1982. Light industrial and general retail zoning was surrounding the property. Council Member Kristoferson asked about the number of tress that would be lost due to the proposal. The Mayor opened the public hearing. Richard King, representing 7-11, stated that a majority of trees on the property were in the State drainage easement and would have to be removed to meet City standards. Only three trees would be saved but 17 new trees would be planted. Council Member Kristoferson asked if the applicant would agree to lower signs rather than the 20’ sign. King replied that they had two sign locations on the property. The square footage of those were 25’ and would stand 20’ tall. He would consider a lower sign but it was also important to have markers for gas prices. The Mayor closed the public hearing. Young motioned to approve the request as recommended by the Planning and Zoning Commission. Motion died for lack of second. Kristoferson motioned, Durrance seconded to approve the request with the conditions of a pitched front elevation, full brick, the front detailing would be eliminated, and monument signage with a 10’ maximum height. Council Member Cochran stated that he was not comfortable with the motion. He questioned why so many of the trees had to be cut down. Hill stated that a concrete lined channel would be needed in the area to handle the drainage. It would be a significant period of time before TxDot would make those improvements and there needed to be some type of drainage improvement that would handle the interim. Council Member Cochran asked what would be the consequences if the drainage was not done. Rick Svehla, Deputy City Manager, stated that when Loop 288 was widened, most of the right- of-way would be used. Currently there was an open drainage system in the area but that would be changed to a closed drainage system. Also with other improvements such as a sidewalk or more drainage from a parking lot, the drainage system had to not flood the street or interfere with the driveway from Loop 288. Council Member Burroughs asked if the applicant was comfortable with the portion of the motion indicating that the building would be brick. City of Denton City Council Minutes October 5, 1999 Page 6 King stated that they would prefer the stone system he had presented. His main question was with the image system on the front of the building. He would be willing to eliminate the t- section on the canopy. The front image was a corporate logo for the company. He would favor using brick but leave the front facia with no t-section on the canopy. He would not prefer the pitched roof and would provide visual relief to the design. Mayor Miller felt that the Council was again asking a developer to hit a moving target. If Council did not want development in the City, then the developers should be told up front that they were not wanted. Council was trying to design this building as though it were in a neighborhood. Council Member Young stated that he would be against any type of motion other than the recommendation of the Planning and Zoning Commission. The proposal complied with all regulations and the Planning and Zoning Commission agreed. Mayor Pro Tem Beasley stated that this proposal was a detailed plan to show exactly what was going to be there. It was within the Council's ability to add/subtract from the plan. Council Member Kristoferson restated the motion as a brick building with visual relief at the top, the logo facia board would remain, one monument sign on the corner of Loop 288 and McKinney, one 20’ sign allowed on McKinney, landscaping per the landscaping ordinance, the standard lighting requirement and optional t-section. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 20. The Council held a public hearing and considered approval of the Development Plan for approximately 133.4 acres within the Planned Development (PD-20) zoning district. The property was located on the south side of Interstate 35 East, at its intersection with Wind River Lane. The planned development allowed light industrial, general retail, office, multi-family residential and single-family residential uses. The Planning and Zoning Commission recommended approval (5-0). (Z-99-059, Unicorn Lake) Mark Donaldson, Assistant Planning Director, stated that the applicant had asked for approval of a development plan for 133.4 acres within PD-20. There was an approved concept plan that was approved in 1988. A development plan required two additional pieces of information above the concept plan requirements. It specified the permitted uses within each individual zoned district within the planned development and provided dimensions to the zoned districts within the planned development. The biggest factor in approving a development plan was that it then assigned the authority for approval of further detailed plans to the Planning and Zoning Commission. The application was consistent with the concept plan that was approved a year ago. Mayor Pro Tem Beasley asked if the proposal could be approved but with the requirement that a detailed plan to come to Council. City Attorney Prouty stated that that could not be done under the current ordinance. The Council would only see the proposal again if it were not developed within ten years. The approved City of Denton City Council Minutes October 5, 1999 Page 7 concept plan had established the density and uses and the boundaries of the proposal. With those exceptions, conditions such as the number of stories, the location of the buildings, etc. could be altered to offset any problems the Council might see with the proposal. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Brad Meyer, Carter and Burgess - favor Bob Shelton, developer - favor Ed Soph, 1620 Victoria Drive, Denton, 76201 - opposition Kevin Hardy – opposition Brian Hood – opposition Paul Hill – opposition Rebuttal by Bob Shelton The Mayor closed the public hearing. Council Member Cochran stated that he was concerned about the lack of detail associated with the proposal. He would feel more comfortable with more details. Cochran motioned, Beasley seconded to deny the proposal. Council Member Kristoferson presented a list of conditions she would like to see with the development. Council Member Burroughs stated that he was uncomfortable that decision making of either the Council or Planning and Zoning Commission might be lost in the process. He needed to have a clear opinion about what kind of situation the Commission would have under the current ordinances. City Attorney Prouty stated that if the Council denied the proposal, there needed to be valid land use problems as presented. The denial should not be based on the fact that the Planning and Zoning Commission would have final authority. Denial should be based on good solid land use reasons such as traffic, density or other problems. Shelton stated that the development plan concept was a feature of zoning what was available to developers. He had gone through this process last year and was approved. He felt that Council was now trying to take away the zoning. He already had approval for apartments, general retail, and single family zoning at that time. He asked where it was that the process stopped and he could proceed with his development. It was frustrating to have to go through the total process every time he came to Council. A development plan was available in the zoning ordinance and if it could not be used, then it needed to be removed from the process. Council Member Young felt that the problem some of the other council members had with the proposal was with the apartments. City of Denton City Council Minutes October 5, 1999 Page 8 Council Member Kristoferson listed some land use reasons for denying the proposal - reallocation to open space and design characteristics on the multi-family zoning. Mayor Miller stated that if there was a fault in the procedure then there was a need to change the procedure. Density was dealt with in zoning and he was not sure if it was correct to try and deal with it now. The developer had done what was required by current regulations. Council Member Cochran stated that the Council was asking the developer to use the same process as other developers had used. On roll vote to deny the proposal, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion carried with a 5-2 vote. 21. The Council continued a public hearing and considered approval of a Concept Plan to rezone 168.57 acres as a Planned Development (PD) zoning district. The property was located between Nowlin Road, F.M. 2181 (Teasley Lane) and Robinson Road. Single-family residential and commercial development was proposed. The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99-053, Wheeler Ridge) Mark Donaldson, Assistant Planning Director, stated that the public hearing was continued on st September 21 to allow the applicant time to meet with the DISD regarding a potential school site within the proposed planned development. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Robert Prendergast – favor Dave Neal – neutral The Mayor closed the public hearing. The following ordinance was considered: NO. 99-367 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLANNED DEVELOPMENT NO. 176 (PD-176) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 168.57 ACRES OF LAND LOCATED BETWEEN NOWLIN ROAD, F.M. 2181 (TEASLEY LANE) AND ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Young seconded to adopt the ordinance with the conditions as noted by the Planning and Zoning Commission plus a cap on the number of residential units at 570. City of Denton City Council Minutes October 5, 1999 Page 9 Council Member Cochran asked for a friendly amendment for the use of cementitious products only to replace the materials that they were designed to replicate. Burroughs and Young agreed to include that in the motion. Council Member Cochran asked for a friendly amendment to limit the number of units to 554 homes. Council Member Burroughs did not want that included in his motion. Cochran motioned, Kristoferson seconded to amend the motion to include a cap of 554 units in the development. On roll vote for the amendment, Beasley “aye”, Burroughs “nay”, Cochran “aye”, Durrance “nay”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Motion failed with a 3-4 vote. Council Member Cochran offered a friendly amendment for a cap of 562 homes in the development. Burroughs and Young accepted that amendment to the motion. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-2 vote. 22. The Council continued a public hearing and considered approval of the rezoning of 0.241 acres commonly known as 415 and 417 Egan Street, from a two-family dwelling (2-F) zoning district to a multi-family dwelling-1 (MF-1) zoning district. The property was located at the southeast corner of Carroll Boulevard and Egan Street. The Planning and Zoning Commission recommended approval (6-1) of multi-family restricted (MF-R) zoning classification with conditions. (Z-99-021, 415-417 Egan Street) Mark Donaldson, Assistant Planning Director, stated that the proposal was postponed from a prior meeting. The application was for multi-family 1 zoning. The Planning and Zoning Commission recommended multi-family-restricted that would restrict the building to a two story height restriction and the standard lighting condition. MF-R would reduce the number of units available to 4 units. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Kristoferson motioned, Cochran seconded to deny the proposal. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. Council considered Item #13. City of Denton City Council Minutes October 5, 1999 Page 10 13. The Council considered adoption of an ordinance of the City of Denton, Texas providing for two hour parking on the north side of Mulberry Street from its intersection with Elm Street to its intersection with Locust Street from 8:00 a.m. – 5:00 p.m. Monday through Friday; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. Rick Svehla, Deputy City Manager, stated that the request for the restricted parking was from the neighbors. The following ordinance was considered: NO. 99-358 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR TWO HOUR PARKING ON THE NORTH SIDE OF MULBERRY STREET FROM ITS INTERSECTION WITH ELM STREET TO ITS INTERSECTION WITH LOCUST STREET FROM 8:00 A.M. – 5:00 P.M. MONDAY THROUGH FRIDAY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 14. The Council considered adoption of an ordinance of the City of Denton, Texas changing Walnut Street to a one-way street heading west between Elm and Locust Streets; providing for sixty degree angle parking on the north side of Walnut and parallel parking on the south side of Walnut between Elm and Locust Streets; providing for parking time on this portion of Walnut Street to be limited to two hours from 8:00 a.m. to 5:00 p.m. on Monday through Friday; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. The following ordinance was considered: NO. 99-359 AN ORDINANCE OF THE CITY OF DENTON, TEXAS CHANGING WALNUT STREET TO A ONE-WAY STREET HEADING WEST BETWEEN ELM AND LOCUST STREETS; PROVIDING FOR SIXTY DEGREE ANGLE PARKING ON THE NORTH SIDE OF WALNUT AND PARALLEL PARKING ON THE SOUTH SIDE OF WALNUT BETWEEN ELM AND LOCUST STREETS; PROVIDING FOR PARKING TIME ON THIS PORTION OF WALNUT STREET TO BE LIMITED TO TWO HOURS FROM 8:00 A.M. TO 5:00 P.M. ON MONDAY THROUGH FRIDAY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes October 5, 1999 Page 11 Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION 23. The Council considered adoption of an ordinance authorizing the City Manager to execute a compromise settlement agreement between the City of Denton and Wilton Rainey in final settlement of litigation styled Wilton Rainey v. City of Denton and Randy A. Leavell, Case th No. 99-20152-158 filed in the 158 District Court of Denton County; authorizing the expenditure of funds therefor; and declaring an effective date. The following ordinance was considered: NO. 99-368 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND WILTON RAINEY IN FINAL SETTLEMENT OF LITIGATION STYLED WILTON RAINEY V. CITY OF DENTON AND RANDY A. LEAVELL, CASE NO. 99- TH 20152-158 FILED IN THE 158 DISTRICT COURT OF DENTON COUNTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 24. The Council considered approval of a resolution nominating a member to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Council Member Kristoferson nominated Rick Woolfolk. Mayor Pro Tem Beasley nominated Bill Giese. Council Member Young nominated Ernest McNeill. The following resolution was considered: NO. R99-054 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING 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 Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes October 5, 1999 Page 12 25. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for the renaming of Southern Hill Boulevard to Brinker Road; and providing for an effective date. Council Member Durrance left the meeting. Rick Svehla, Deputy City Manager, stated that currently these two streets connected and had dual names. There were no addresses on Southern Hill Boulevard so that it would be easier to change the name rather than Brinker Road. The following ordinance was considered: NO. 99-369 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF SOUTHERN HILL BOULEVARD TO BRINKER ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 26. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for the renaming of Thicket Trail to Montecito Drive; and providing for an effective date. Council Member Durrance returned to the meeting. The following ordinance was considered: NO. 99-370 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF THICKET TRAIL TO MONTECITO DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF THICKET TRAIL TO MONTECITO DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 27. The Council considered adoption of an ordinance of the City of Denton, Texas amending the schedule of fees contained in Ordinance 98-268 by adopting a new schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing applications for review, approval, grant or issuance of plats, plans, licenses, certificates, variances or designations required by the subdivision rules and regulations and zoning regulations of the Code of Ordinances; providing for repeal of all ordinances in conflict City of Denton City Council Minutes October 5, 1999 Page 13 herewith; providing a severability clause; providing a savings clause; providing for publication; and providing an effective date. Dave Hill, Assistant City Manager for Development, stated that this was a minor amendment to the development fee schedule dealing with the cost of publishing notices in a newspaper to be paid by the developer. The following ordinance was considered: NO. 99-371 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 98-268 BY ADOPTING A NEW SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 28. The Council considered adoption of an ordinance authorizing the City Manager to execute the second amendment to the airport lease agreement between the City of Denton and Nebrig & Associates, Incorporated relating to leasing premises at the Denton Municipal Airport for construction of hangars, a fuel farm and related aviation facilities thereon; and providing for an effective date. Mark Nelson, Airport Manager, stated that Nebrig & Associates was requesting additional acreage at the Airport for an office and multi-hanger facility. The agreement included a discounted lease rate of 5 cents for five years, 10 cents for 9 years and remainder at 15 cents per square foot. The current rate for the property was 15 cents per square foot. Option three was recommended that would amend the lease as proposed. The following ordinance was considered: NO. 99-372 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND NEBRIG & ASSOCIATES, INCORPORATED RELATING TO LEASING PREMISES AT THE DENTON MUNICIPAL AIRPORT FOR CONSTRUCTION OF HANGARS, A FUEL FARM AND RELATED AVIATION FACILITIES THEREON; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 5, 1999 Page 14 Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Cochran “nay”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 6-1 vote. 29. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 30. New Business The following items were suggested by Council Members for future agendas: A. Council Member Cochran requested an update on the status of the United Copper tax abatement. B. Council Member Cochran requested a discussion on proposed growth caps in the community. C. Mayor Pro Tem Beasley asked for a reconsideration of the Mingo Road light industrial zoning case. 31. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. 32. There was no official action on Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 11:00 p.m. ___________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS