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Minutes November 02, 1999CITY OF DENTON CITY COUNCIL MINUTES November 2, 1999 After determining that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, November 2, 1999 at 5:15 p.m. in the Legal Department Conference Room at City Hall. Item 1.A. of the Closed Meeting agenda listed below was presented at a Joint Meeting of the City Council and the Public Utilities Board at the above time and location. The Public Utilities Board had separately posted notice of this Joint Meeting, which commenced at the City Council’s regular Closed Meeting time. Once the City Council had determined that a quorum of the City Council was present, and the City Council convened in an Open Meeting, then the City Council convened in a Closed Meeting. Thereafter, after determining that a quorum of the Public Utilities Board was present and convening in an Open Meeting, the Public Utilities Board convened in a Closed Meeting on Tuesday, November 2, 1999 at 5:15 p.m. in the Legal Department Conference Room at City Hall to consider the specific items listed blow under the Closed Meeting section of this agenda. Thereafter, the City Council and the Public Utilities Board commenced their Joint Meeting. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance, Kristoferson and Young. ABSENT: Council Member Cochran 1. Closed Meeting A. Deliberations Regarding Certain Public Power Utilities; Competitive Matters --- Under TEX. GOV’T. CODE Section 551.086**; Deliberations Concerning Real Property --- Under TEX. GOV’T. CODE Section 551.072; and Consultation With Attorney --- Under TEX. GOV’T. CODE Section 551.071. (1) Considered, deliberated, and discussed the valuation of and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton’s electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton, Denton County, Texas; the two hydroelectric facilities located in Denton County, Texas; and other components of the City’s electric generation assets. Conducted a consultation with the City’s attorneys, including the City’s outside legal counsel, the firm of Dickstein, Shapiro, Morin & Oshinsky, Washington, D.C., in order to consider and discuss various legal options and strategies, and to obtain the advice and recommendations of the City’s attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorney’s duties and professional responsibilities to their client under the applicable Disciplinary Rules of Professional Conduct. Following the completion of the Closed Meeting Agenda Item 1.A. the Joint Meeting of the City Council and the Public Utilities Board adjourned. City of Denton City Council Minutes November 2, 1999 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, November 2, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Durrance, Kristoferson and Young. ABSENT: Council Member Cochran 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 September 7, September 14, and September 21, 1999. Beasley motioned, Burroughs seconded to approve the minutes as presented. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. PRESENTATIONS/PROCLAMATIONS 3. November Yard of the Month Awards Mayor Miller presented the November Yard of the Month Awards to: Ed and Nancy Gibson Laura Kinne David and Janelle Brown Colorado Court Apartments 4. Proclamations Mayor Miller presented a proclamation for Native American Indian Day. CITIZEN REPORTS 5. The Council received a report from Lacey Stokes regarding plastic recycling. A representative for Ms. Stokes stated that it was important to recycle plastics as they were not biodegradable. She encouraged the City to start recycling plastics for the betterment of the community. There was a growing concern for plastic recycling in Denton. 6. The Council received a report from Tom Atkins regarding the City’s health insurance. Mr. Atkins stated he represented the individuals in Denton County who were not able to bid on the specifications for health insurance for the City. He felt the insurance agents in Denton City of Denton City Council Minutes November 2, 1999 Page 3 County were discriminated against because they were not able to bid on the proposal. They were not able to bid as the specifications indicated no one could receive a profit on the proposal. 7. The Council received a report from Ross Melton, Jr. – “A Fish Rots From the Head” – unanswered letters, lawyers, code enforcement. Mr. Melton stated that he was still not satisfied with the replies and communication he was receiving from Code Enforcement. He asked for openness and honesty in government. CONSENT AGENDA Durrance motioned, Young seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 8. Approved a tax refund to Sierra Title of North Texas for William T. Woolfolk, Jr. in the amount of $792.21. The 1998 property taxes were paid twice. 9. Approved a tax refund to Sierra Title of North Texas for Robert E. Moses in the amount of $746.37. The 1998 property taxes were paid twice. 10. Approved a tax refund to Turner-Young Investments Co. for Thomas Cavanaugh in the amount of $653.42. The 1998 property taxes were paid twice. 11. Approved a tax refund to James E. Browne, Jr. in the amount of $600.09. The 1998 property taxes were paid twice. 12. Adopted ordinances approving interlocal ambulance agreements between the City of Denton and the following cities: A. NO. 99-389 City of Hickory Creek B. NO. 99-390 City of Krum C. NO. 99-391 City of Sanger D. NO. 99-392 City of Shady Shores 13. NO. 99-393 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT FOR THE CONSTRUCTION OF THE NEW FLEET MAINTENANCE FACILITY BETWEEN THE CITY OF DENTON AND RATCLIFF CONSTRUCTORS, INC.; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID #2361 – FLEET MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRUCTORS, INC. IN THE AMOUNT OF $1,998,650 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $108,387) City of Denton City Council Minutes November 2, 1999 Page 4 14. NO. 99-394 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF 69KV TRANSMISSION FACILITIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2394 – SPENCER TO LOCUST TRANSMISSION LINE CONSTRUCTION AND BID #2395 NORTH LAKES SUBSTATION US 77/RINEY ROAD TRANSMISSION LINE CONSTRUCTION AWARDED TO GREAT SOUTHWESTERN CONSTRUCTION, INC. IN THE TOTAL AMOUNT OF $1,310,622) 15. NO. 99-395 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 15/20/25 MVA POWER TRANSFORMER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2408 – POWER TRANSFORMER AWARDED TO WAUKESHA ELECTRIC SYSTEM, DIVISION OF GENERAL SIGNAL POWER SYSTEMS, INC. IN THE AMOUNT OF $441,877) 16. NO. 99-396 AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (INTERLOCAL AGREEMENT FILE #2428 – POLICE SEDANS TARRANT COUNTY INTERLOCAL AGREEMENT AWARDED TO LEE JARMON FORD IN THE AMOUNT OF $66,141.30) 17. NO. 99-397 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE AND HARDWARE MAINTENANCE FOR AMERITECH LIBRARY SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO #00251 TO AMERITECH LIBRARY SERVICES IN THE AMOUNT OF $26,570.72) 18. NO. 99-398 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF PRESENTING THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM City of Denton City Council Minutes November 2, 1999 Page 5 REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO #00271 TO FRANKLIN COVEY IN THE AMOUNT OF $50,952) 19. NO. 99-399 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CELLULAR DIGITAL TELEPHONE SERVICE AVAILABLE FROM ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO #00275 – AT&T WIRELESS IN THE AMOUNT OF $50,332.32) 20. NO. 99-400 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE 1999 QUARTERLY PAYMENTS BY THE CITY OF DENTON FOR A SOLID WASTE PERMIT FEE CALCULATED AT 3.5% OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE (PO #00277 TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) IN THE AMOUNT OF $130,000) 21. NO. 99-401 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AUTOMATED METER READING TRANSMITTERS 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. (PO #00665 TO TEJAS UTILITY SERVICES IN THE AMOUNT OF $110,320) 22. NO. 99-402 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF POLICE UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2391 – POLICE UNIFORMS IN THE ESTIMATED EXPENDITURE AMOUNT OF APPROXIMATELY $45,000) 23. NO. 99-403 AN ORDINANCE AUTHORIZING THE CITY MANAGE TO EXECUTE A CONTRACT WITH JD EDWARDS, A QUALIFIED INFORMATION SERVICES VENDOR FOR THE PURCHASE OF FINANCIAL AND HUMAN RESOURCES MANAGEMENT SOFTWARE PACKAGES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR. (ZISV # – JD Edwards – $738,530.00) City of Denton City Council Minutes November 2, 1999 Page 6 24. NO. 99-404 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR ANY POLICE DEPARTMENT EMPLOYEES WHO ARE ALSO ASSIGNED DUTIES OF A GENERAL ADMINISTRATIVE NATURE IN THE CITY MANAGER’S OFFICE AND/OR THE POLICE CHIEF’S OFFICE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS 25. The Council held a public hearing to consider amending the concept plan for a Planned Development (PD-115) encompassing approximately 231 acres. The property was generally located north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal was for mixed-use development including single-family residential, multi-family residential, commercial use open space and a school site. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-061, Smith Tract Concept Plan) Mark Donaldson, Assistant Planning Director, stated that the applicant had held three neighborhood meetings regarding the concept plan and the detailed plan. It also had been heard at four Planning and Zoning Commission meetings. There were three conditions attached to the proposal from the Planning and Zoning Commission as noted in agenda materials. The 20% rule was in effect as there was opposition to the proposal from more than 20% of the adjacent property owners. There was some question concerning the 20% rule but a last minute submittal placed the proposal in the supermajority vote. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Tary Arterburn, 3100 McKinnon, Suite 909, Dallas, 76201 - favor Cart Cobb, Burnham Drive, Plano – favor Dillion F. Smith, 3604 Lynwood Drive, Arlington, 76013 – favor John L. Smith, 3309 N. Bonnie Brae, Denton, 76207 – favor Sherry Darby, 2208 Crestmeadow, 76207 – opposition Marla Fullerton, 3015 North Bonnie Brae, Denton, 762-7 – opposition Rebuttal by Arterburn Mayor Miller presented the following speaker cards from individuals who did not wish to address the Council: Shawn Smith, 2291 Wheat Hill Rd., Sanger, 76266 – favor Earla Joyce Smith, 3604 Lynnwood, Arlington, 76013 - favor Dorothy Smith, 3309 N. Bonnie Brae, Denton, 76207 – favor Lanco and Sherry Hassell, 2712 Stephen, Denton 76207 - favor The Mayor closed the public hearing. City of Denton City Council Minutes November 2, 1999 Page 7 Beasley motioned, Young seconded to adopt the ordinance for the concept plan with a limitation of 2 1/2 stories in the SF5, 80% brick exteriors and Parcel D would be SF 7 and not SF-5. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion failed 4-2 as a supermajority vote was needed. 26. The Council was to have held a public hearing and consider approving a Detailed Plan for a Planned Development (PD-115) encompassing approximately 194 acres. The property was generally located north of Windsor Road between Bonnie Brae and Westgate. The Detailed Plan included a school site, open space and single-family residential use. The Planning and Zoning Commission recommended approval (7-0). (Z-99-073, Smith Tract Detailed Plan) This item was not considered 27. The Council held a public hearing to consider rezoning approximately 39 acres from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The concept plan proposed single-family residential and open space. The property was generally located at the southeast corner of Nowlin Road and Robinson Road. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-065, Kirby Tract) Mark Donaldson, Assistant Planning Director, stated that the amount of acreage had been reduced to 38.6 acres under the proposed concept plan. There had been a letter of opposition received from a neighboring landowner representing 3% of the total area. The 20% rule was not in effect. The number of recommended dwelling units was 154. The Planning and Zoning Commission had three conditions as noted in the agenda materials. The Mayor opened the public hearing. The following individual spoke during the public hearing: Robert Prendergast, Eastern Development, Plano – favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-405 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A PLANNED DEVELOPMENT NO. 170 (PD-170) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 38.6 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the ordinance as recommended by the Planning and Zoning Commission plus a maximum of 143 units. On roll vote, Beasley “aye”, City of Denton City Council Minutes November 2, 1999 Page 8 Burroughs “aye”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “aye”. Motion carried with a 4-2 vote. 28. The Council held a public hearing and considered rezoning an approximately 1.4 acre site from a One-Family Dwelling (SF-7) zoning district to a General Retail (GR) district. The property was located on the south side of Sherman between Elm and Bolivar. The proposal was to allow for possible future redevelopment. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-99-074) Council Member Durrance excused himself from the meeting due to a potential conflict of interest. Mark Donaldson, Assistant Planning Director, stated that the applicant requested rezoning from SF7 to General Retail. General Retail zoning was currently on three sides of this property. The Church wanted to sell the property and General Retail was more flexible for selling. No letters of opposition had been received and the Planning and Zoning Commission recommended approval with two conditions as noted in agenda materials. Council Member Kristoferson noted that general retail zoning was very broad zoning. She was not comfortable with that broad of zoning. The Mayor opened the pubic hearing. Jerry Putman, Pastor of Asbury Methodist Church - favor The Mayor closed the public hearing. The following ordinance was considered: NO. 99-406 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.328 ACRES OF LAND LOCATED AT 1919 NORTH ELM; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREL; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance as recommended by the Planning and Zoning Commission plus any new building would be two stories, as determined from the Elm Street elevation. Mayor Pro Tem Beasley asked if a friendly amendment could be made to eliminate dormitory, batch plant, sexually oriented business, and a radio/television microwave tower. Council Members Young and Burroughs agreed to that amendment plus the addition of a site plan review by Council prior to any redevelopment other than church use. City of Denton City Council Minutes November 2, 1999 Page 9 On roll vote, Beasley “aye”, Burroughs “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. Council Member Durrance returned to the meeting. 29. The Council held the first of two public hearings regarding a proposed voluntary annexation of approximately 24 acres located at the southwest corner of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be Agricultural (A). (A-96, Silver Dome at Cooper Creek) Mark Donaldson, Assistant Planning Director, reviewed schedule for annexation. The Mayor opened the public hearing. Christopher Jackson, 600 North Pearl, Suite 650, Dallas, 75201 - favor The Mayor closed the public hearing. ITEMS FOR INDIVIDUAL CONSIDERATION 30. The Council considered approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that the City had 173 votes to cast for members of the Board of Directors. There were ten candidates on the ballot. The City had nominated three of the ten candidates. Council decided to vote on each of the three city nominations and then vote for the top two. Council Member Kristoferson nominated Rick Woolfolk Council Member Young nominated Ernest McNeill. Mayor Miller nominated Bill Giese. On roll vote for Bill Giese, Beasley “aye”, Burroughs “nay”, Durrance “aye”, Kristoferson “nay”, Young “nay”, and Mayor Miller “aye”. Mr. Giese received three votes. On roll vote for Ernest McNeill, Beasley “nay”, Burroughs “nay”, Durrance “nay”, Kristoferson “nay”, Young “aye”, and Mayor Miller “nay”. Mr. McNeill received one vote. On roll vote for Rick Woolfolk, Beasley “nay”, Burroughs “aye”, Durrance “nay”, Kristoferson “aye”, Young “nay”, and Mayor Miller “nay”. Mr. Woolfolk received two votes. Mayor Miller indicated that Bill Giese and Rick Woolfolk were the two top votes. On roll vote for Bill Giese, Beasley “aye”, Burroughs “nay”, Durrance “nay”, Kristoferson “nay”, Young “nay”, and Mayor Miller “aye”. Mr. Giese received two votes. City of Denton City Council Minutes November 2, 1999 Page 10 On roll vote for Rick Woolfolk, Beasley “nay”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “nay”. Mr. Woolflok received four votes. The following resolution was considered: NO. R99-060 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to cast all 173 city votes for Rick Woolfolk. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 31. The Council considered approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. The following resolution was considered: NO. R99-060 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE Beasley nominated, Kristoferson seconded Barry G. King, J. A. Hinsely, and Larry T. Wilson. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 32. The Council considered adoption of an ordinance accepting two tracts of land in the M.E.P.&P.R.R. Co. Survey, as shown in the dedication instrument executed by Ron Alsup, DBA Ron Alsup Construction attached hereto, for street and utility purposes; and providing for an effective date. The following ordinance was considered: NO. 99-407 AN ORDINANCE ACCEPTING TWO TRACTS OF LAND IN THE M.E.P.&P.R.R. CO. SURVEY, AS SHOWN IN THE DEDICATION INSTRUMENT EXECUTED BY RON ALSUP, DBA RON ALSUP CONSTRUCTION ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. City of Denton City Council Minutes November 2, 1999 Page 11 33. The Council considered adoption of an ordinance vacating a utility easement recorded in Cabinet H, Page 196 of the Plat Records of Denton County, Texas, as it pertains to Lot 1, Block A of the Lissberger Addition; and providing for an effective date. The following ordinance was considered: NO. 99-408 AN ORDINANCE VACATING A UTILITY EASEMENT RECORDED IN CABINET H, PAGE 196 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AS IT PERTAINS TO LOT 1, BLOCK A OF THE LISSBERGER ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 34. The Council considered adoption of an ordinance on first reading granting a franchise to Metricom, Inc., for the use and occupancy of the public rights-of-way of the City of Denton for telecommunications purposes; providing for conditions of such use; providing for compensation for such use and occupancy; and ordaining other provisions related to the subject matter. The following ordinance was considered: (First Reading) AN ORDINANCE ON FIRST READING GRANTING A FRANCHISE TO METRICOM, INC., FOR THE USE AND OCCUPANCY OF THE PUBLIC RIGHTS- OF-WAY OF THE CITY OF DENTON FOR TELECOMMUNICATIONS PURPOSES; PROVIDING FOR CONDITIONS OF SUCH USE; PROVIDING FOR COMPENSATION FOR SUCH USE AND OCCUPANCY; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. Kristoferson motioned, Young seconded to adopt the ordinance with the noted change in wording. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 35. The Council considered adoption of an ordinance on first reading granting to Denton County Electric Cooperative, Inc., doing business as CoServ Electric, a franchise for the purpose of constructing, maintaining, and using an electric utility system in the City of Denton; regulating the construction work done by the grantee in the City; prescribing the duties, responsibilities, and rule-making authority of the City Manager and the City with respect to administration of this franchise; providing for enforcement of the franchise; prescribing the compensation to be paid the City by the grantee for the franchise privilege; setting forth the term of the franchise; providing for a severability provision; providing for acceptance of the franchise by grantee; and providing an effective date. City of Denton City Council Minutes November 2, 1999 Page 12 The following ordinance was considered: (First Reading) AN ORDINANCE ON FIRST READING GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 36. The Council considered adoption of the ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Freese and Nichols, Inc. for engineering services pertaining to the preliminary design phase of the Lake Ray Roberts Water Treatment Plant; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: NO. 99-409 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 37. The Council considered adoption of an ordinance authorizing the City Manager to execute a contract for professional legal services with Wolfe, Clark, Henderson & Tidwell to provide legal services with regard to litigation styled Municipal Administrative Services, Inc. v. th City of Denton, Cause No. 99-50263-367, filed in the 367 District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes November 2, 1999 Page 13 The following ordinance was considered: NO. 99-410 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH WOLFE, CLARK, HENDERSON & TIDWELL TO PROVIDE LEGAL SERVICES WITH REGARD TO LITIGATION STYLED MUNICIPAL ADMINISTRATIVE SERVICES, INC. V. CITY OF TH DENTON, CAUSE NO. 99-50263-367, FILED IN THE 367 DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “nay”, and Mayor Miller “aye”. Motion carried with a 5-1 vote. 38. The Council considered approval of a resolution authorizing Ezell Aviation, Inc. to sublease the fixed base operator functions of their Commercial/FBO lease agreement to Medallion Flight Group, Inc.; and providing for an effective date. The following resolution was considered: NO. R99-061 A RESOLUTION AUTHORIZING EZELL AVIATION, INC. TO SUBLEASE THE FIXED BASE OPERATOR FUNCTIONS OF THEIR COMMERCIAL/FBO LEASE AGREEMENT TO MEDALLION FLIGHT GROUP, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Burroughs recommended Option 2 be considered. Beasley motioned, Burroughs seconded to adopt the ordinance with Option 2. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 39. The Council considered adoption of an ordinance calling a bond election for January 15, 2000, designating polling places appointing election officials; setting forth the proposition to be submitted in the form to be submitted on the official ballot; determining the bonds will be within all legal debt limitations; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; and providing for an effective date. The following ordinance was considered: NO. 99-411 AN ORDINANCE CALLING A BOND ELECTION FOR JANUARY 15, 2000, DESIGNATING POLLING PLACES APPOINTING ELECTION OFFICIALS; City of Denton City Council Minutes November 2, 1999 Page 14 SETTING FORTH THE PROPOSITION TO BE SUBMITTED IN THE FORM TO BE SUBMITTED ON THE OFFICIAL BALLOT; DETERMINING THE BONDS WILL BE WITHIN ALL LEGAL DEBT LIMITATIONS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance as amended. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 40. The Council considered adoption of an ordinance authorizing the City Manager to execute a first amendment to the annexation agreement entered into between the City of Denton and Violet Property Associates, L.P. as a part of the settlement of litigation styled City of Denton v. Denton County Fresh Water Supply District No. 1A and Denton County Fresh Water Supply District No. 5 for the purpose of establishing a timeline for construction of the Graveyard Branch extension; and providing an effective date. The following ordinance was considered: NO. 99-412 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT ENTERED INTO BETWEEN THE CITY OF DENTON AND VIOLET PROPERTY ASSOCIATES, L.P. AS A PART OF THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON V. DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 1A AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. 5 FOR THE PURPOSE OF ESTABLISHING A TIMELINE FOR CONSTRUCTION OF THE GRAVEYARD BRANCH EXTENSION; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Young seconded to adopt the ordinance subject to the conditions as stated in the ordinance. On roll vote, Beasley “aye”, Burroughs “aye”, Durrance “aye”, Kristoferson “aye”, Young “aye”, and Mayor Miller “aye”. Motion carried unanimously. 41. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 42. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem Beasley asked for a report from the City Manager regarding the insurance information presented by Mr. Adkins. 43. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes November 2, 1999 Page 15 44. 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 9:40 p.m. ________________________________ JACK MILLER, MAYOR CITY OF DENTON, TEXAS ______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS