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)
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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