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