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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. City of Denton City Council Minutes 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