Minutes November 04, 1997CITY OF DENTON CITY COUNCIL MINUTES
November 4, 1997
After determining that a quorum was present and convening in an open meeting, the City Council
convened in a Closed Meeting on Tuesday, November 4, 1997 at 5:45 p.m. in the City Council Work
Session Room at City Hall.
PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, and Young
ABSENT: Mayor Miller; Council Member Cochran and Durrance
1. The Council considered the following in Closed Meeting:
A. Consultation with Attorney -Under TEX. GOV'T CODE Sec. 551.071
Discussed with City's attorneys and considered strategy in litigation styled
Hanqen Information Teahnologieq, ina v Azteaa gy~qtemq, ina, et al, case
number 4:97cv308 filed in the United States District Court, Eastern District of
Texas, alleging copyright infringement, tortious interference, and other
intellectual property matters.
Conference with Employees~dnder TEX. GOV'T. CODE Sec. 551.075. The
Council received information from employees or questioned employees during a staff
conference or briefing, but did not deliberate during the conference.
The Council convened into a Regular Meeting on Tuesday, November 4, 1997 at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, and Young.
ABSENT: Mayor Miller; Council Member Cochran and Durrance
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 July 22, July 29, July 30, August 5, August
6, and August 8.
Young motioned, Kristoferson seconded to approve the minutes as presented. On roll vote, Beasley
"aye", Kristoferson "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried
unanimously.
CITIZEN REPORTg
3. The Council received a citizen report from David Zoltner regarding "open government and the
hometown jeopardy game."
City of Denton City Council Minutes
November 4, 1997
Page 2
Dr. Zoltner stated that he did not wish to speak at this meeting.
4. The Council received a citizen report from Dessie Goodson regarding the City of Denton.
Ms. Goodson stated that she had seen many tricks in court to win a lawsuit. She did not agree
with a memo that was presented two years after it had been sent out. She had not made a death
threat against the Mayor. She did not want these kinds of tricks played on her. The truth would
come out during her trial. She had not lied to the City and she did not want lies against her. She
also had a problem with tree trimming done in her yard. She did not want the City coming out
and trimming her trees unless they notified her in advance. Part of her plants were broken during
the trimming of her trees. She wanted the truth told in federal court.
PRE~ENTATION~/AWARD~
5. November Yard of the Month Awards
Mayor Pro Tem Brock presented the following awards:
William and Patty Quinn
Michael and Evelyn McMillen
Kara Tanner-Holt and Wayne Holt
Elsie Cole
Apple Creek Apartments
Hickory Street Office Building -Downtown Business Award
Cecile Carson, Executive Director of Keep Denton Beautiful, presented the Clean Cities 2000
award to the Council.
PIIIlI,IC HEARING
6. The Council held a public hearing and considered adoption of an ordinance affecting
participation of city employees in the Texas Municipal Retirement System granting the additional rights
authorized by Section 854.202(g) of Title 8, Texas Government Code, as amended.
Paulette Owens-Holmes, Director of Human Resources, stated that a public hearing was required
to meet the requirements of the Texas Municipal Retirement System in order for the City to adopt
a provision allowing for retirement after 20 years of service.
Council Member Kristoferson asked if the amount that the City would have to pay each year
would be accruing and would this be a double fiscal impact.
Holmes indicated that it should not be escalating and should be the same each year.
The Mayor Pro Tem opened the public hearing.
City of Denton City Council Minutes
November 4, 1997
Page 3
No one spoke during the public hearing.
The Mayor Pro Tem closed the public hearing.
Council Members Cochran and Durrance arrived at the meeting.
The following ordinance was considered:
NO. 97-316
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE
TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL
RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS
GOVERNMENT CODE, AS AMENDED; AND AUTHORIZING AN EFFECTIVE
DATE.
Young motioned, Beasley seconded to adopt the ordinance.
Council Member Beasley indicated a concern that the city might lose good employees with this
ordinance.
Council Member Kristoferson asked if this pertained to part-time benefits.
Holmes stated that currently there were no part-time employees affected but that in the future
there could be part-time 20-year employees.
Council Member Cochran expressed a concern about how other cities compared with this issue.
Holmes indicated that many other cities had already adopted this provision.
Council Member Cochran indicated that he had a problem with retirement at any age after 20
years of employment.
Mayor Pro Tem Brock indicated that this might reduce expenses, as newer employees would be
hired at a lower pay rate.
Holmes replied correct that there would be a balance.
Council Member Young stated that many businesses had a 20-year retirement, as did most
governmental agencies. If an individual wanted to leave after 20 years he probably was not a
good employee and need to go anyway. There had been City employees who were fired with a
number of years with the City and they were not able to draw benefits which was hard on those
employees.
City of Denton City Council Minutes
November 4, 1997
Page 4
Mayor Pro Tem Brock observed that in recent months Denton had lost employees to nearby cities
as they were able to get higher salaries. This was a benefit for people to stay and she felt Denton
would not lose as many employees if they had a number of years here.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "aye", and
Mayor Pro Tem Brock "aye". Motion carried with a 5-1 vote.
CON~qENT AGENDA
Council Member Young motioned to approve Consent Agenda Items #7-19 and the accompanying
ordinances.
Council Member Cochran asked that Items #12 and #14 be pulled for separate consideration.
Council Member Beasley asked that Item #15 be pulled for separate consideration.
Council Member Durrance also asked that Item #12 be pulled for separate consideration.
Council Member Cochran stated that the back-up information indicated that the modifications were a
result of the construction of the Juvenile Detention Center. He asked about the cause of the problem
and why this was being done.
Jill Jordan, Interim Director of Water/Wastewater, stated that the wastewater line serving that facility
was a large line on a flat grade. Sewage in the line did not flow well which resulted in a maintenance
problem. The CIP had funds dedicated to redo the line to make it smaller line with a grade. The
County expansion was experiencing problems in the line with a maintenance problem.
Council Member Cochran indicated that Item #14, a leadership training program, was something he
had not heard of to this point.
City Manager Benavides stated that this was a training program for effective interaction with citizens,
fellow employees, etc. This was a program on how to relate better with others, both at home and at
work. Item #14 was the cost for the materials for the training. All employees went through the
program.
Council Member Young indicated that citizens wanted employees to be well trained and this program
did just that.
Council Member Beasley stated that she took advantage of the program last year and felt it was very
beneficial for all employees and for Council.
Doug Coggeshall stated that he had participated in the program. He suggested that instead of spending
all of the money that the amount be cut in half. The remaining funds could be given to the Fire
Department for the specialized equipment it was raising money for.
City of Denton City Council Minutes
November 4, 1997
Page 5
Council Member Beasley stated that this was an on-going program for a number of years. Mr.
Coggeshall's suggestion was good but the City had already made a commitment for the program.
Council Member Beasley asked how much it cost for library services for out-of-Denton patrons in
regards to Item #15.
Eva Poole, Director of Library Service, stated that historically the City had to subsidize those patrons
as the County funding was not enough.
Council Member Beasley seconded the motion to approve the Consent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously.
7. NO. 97-317
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2106 - Weathering Steel Poles)
NO. 97-318
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2112 - Replacement of 15kV
Breakers)
NO. 97-319
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (Bid #2113 - Replacement of 69kV Breakers)
10.
NO. 97-320
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (Bid #2109 - U.S. 380 Utility Relocation)
11. NO. 97-321
City of Denton City Council Minutes
November 4, 1997
Page 6
12.
13.
14.
15.
16.
17.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF DENTON AND SCHRICKEL, ROLLINS AND ASSOCIATES, INC.; AND
PROVIDING AN EFFECTIVE DATE. (RFSP #2077 -Upgrade Existing Parks Phase II)
NO. 97-322
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING FOR AN EFFECTIVE DATE. (PC #80596 - Saber Development
Corporation)
NO. 97-323
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTION SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING AN EFFECTIVE DATE. (PC #80809 -Hunt Technologies, Inc.
[Automated Meter Reading System])
NO. 97-324
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS;
AND PROVIDING AN EFFECTIVE DATE.. (PC #80864 - Covey Leadership Center)
NO. 97-325
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL
COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES;
AND PROVIDING AN EFFECTIVE DATE.
NO. R97-069
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
FROM UNRESERVED RETA1NED EARNINGS OF THE ELECTRIC FUND WITH
CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE.
NO. R97-070
A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES
City of Denton City Council Minutes
November 4, 1997
Page 7
FOR BUILD1NG RENOVATIONS WITH CERTIFICATES OF OBLIGATION; AND
PROVIDING AN EFFECTIVE DATE.
18.
NO. R97-071
A RESOLUTION CANCELING THE CITY COUNCIL MEETING OF DECEMBER 9,
1997; AND PROVIDING AN EFFECTIVE DATE.
19.
NO. 97-326
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF
BERNSEN, JAMAIL & GOODSON, L.L.P.; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
ITEM~ FOR 1ND1VIDIIAI~ CONSIDERATION
20. The Council considered adoption of an ordinance authorizing the City Manager to execute on
behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation
relating to a grant for the preparation of an airport layout plan and design services to reconstruct a
terminal apron at the Denton Municipal Airport.
Linda Ratliff, Director for Economic Development, stated that this contract was with the Texas
Department of Transportation for design services for a terminal apron. These funds were included in
the budget. The 10% match for the city would be $10,000.
The following ordinance was considered:
NO. 97-327
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER
TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN
OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO
A GRANT FOR THE PREPARATION OF AN AIRPORT LAYOUT PLAN AND DESIGN
SERVICES TO RECONSTRUCT A TERNHNAL APRON AT THE DENTON
MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock
"aye". Motion carried unanimously.
21. The Council considered adoption of an ordinance accepting a tract of land in the William Lloyd
Survey, as shown in the dedication instrument executed by Donnie Sparks for the Chester Elmer
Sparks Estate, and Betty Clampitt for the Clampitt Family Trust, for street and utility purposes at
Audra/Nottingham.
City of Denton City Council Minutes
November 4, 1997
Page 8
Rick Svehla, Deputy City Manager, stated that this property was needed for the Audra/
Nottingham easement. There would be no cost to the City for the dedication.
The following ordinance was considered:
NO. 97-328
AN ORDINANCE ACCEPTING A TRACT OF LAND IN THE WILLIAM LLOYD
SURVEY, AS SHOWN IN THE DEDICATION INSTRUMENT EXECUTED BY
DONNIE SPARKS FOR THE CHESTER ELMER SPARKS ESTATE, AND BETTY
CLAMPITT FOR THE CLAMPITT FAMILY TRUST, ATTACHED HERETO, FOR
STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the
Kristoferson "aye", Cochran "aye", Durrance "aye",
"aye". Motion carried unanimously.
ordinance. On roll vote, Beasley "aye",
Young "aye", and Mayor Pro Tem Brock
22. The Council considered approval of a resolution authorizing the Mayor to execute an
agreement between the City of Denton and electric transmission providers in Texas for the purpose of
conforming to the requirements of the Public Utility Regulatory Act of 1995.
Sharon Mays, Director of Electric Utilities, stated that this agreement would allow ERCOT to
sign as a system user. The City had done a previous agreement with ERCOT as a system
provider.
The following resolution was considered:
NO. R97-072
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON
AND ELECTRIC TRANSMISSION PROVIDERS IN TEXAS FOR THE PURPOSE
OF CONFORMING TO THE REQUIREMENTS OF THE PUBLIC UTILITY
REGULATORY ACT OF 1995; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock
"aye". Motion carried unanimously.
23. The Council considered approval of a resolution casting votes for membership to the Board of
Directors of the Denton Central Appraisal District.
Jon Fortune, Director of Management and Budget, stated that the Council had nominated Bill
Giese. As it required 1,000 votes for a successful appointment, the City would join with the
DISD for voting on a candidate.
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November 4, 1997
Page 9
The following resolution was considered:
NO. R97-073
A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
Cochran motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock
"aye". Motion carried unanimously.
24. The Council considered adoption of an ordinance hiring Peter Vogel of the law firm Gardere &
Wynne to represent the City in litigation pending against the City styled Hanqen Information
Technologieq, lnc v Azteca ~qy~qtemq, lnc, et al, case number 4:97cv308 filed in the United States
District Court, Eastern District of Texas, alleging copyright infringement, tortious interference, and
other intellectual property matters.
City Attorney Prouty stated that this was a lawsuit dealing with computer systems as discussed in
Executive Session.
The following ordinance was considered:
NO. 97-329
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF
GARDERE & WYNNE TO REPRESENT THE CITY OF DENTON IN LITIGATION
PENDING AGAINST THE CITY STYLED HANSFN INFORMATION
TF, CHNIOI,OGIF, S, 1NC V AZTF, CA SYSTEMS, 1NC, F,T Al,., CASE NUMBER
4:97cv308 FILED IN THE UNITED STATES DISTRICT COURT, EASTERN
DISTRICT OF TEXAS, ALLEGING COPYRIGHT INFRINGEMENT, TORTIOUS
INTERFERENCE, AND OTHER INTELLECTUAL PROPERTY MATTERS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock
"aye". Motion carried unanimously.
25. The Council considered nominations/appointments to City's Boards and Commissions.
Council Member Young had previously nominated Joannie Housewright to the Animal Shelter
Advisory Board. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously.
Council Member Cochran did not have a nomination to the Historic Landmark Commission at this
meeting.
City of Denton City Council Minutes
November 4, 1997
Page 10
26. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for Council.
27. New Business
The Council did not have any items of New Business for future agendas.
28. The Council did not meet in a continuation of Closed Meeting under Sections 551-071-
551.085 of the Texas Open Meetings Act.
29. There was no official action taken on Closed Meeting items held under Section 551-071-
551.085 of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8:30 p.m.
EUL1NE BROCK
MAYOR PRO TEM
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS