Minutes April 11, 2000CITY OF DENTON CITY COUNCIL MINUTES
April 11, 2000
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, April 11, 2000 at 5:15 p.m. in the City of
Denton Council Work Session Room.
PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran,
Durrance, Kristoferson and Young.
ABSENT: None
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. Consultation With
Attorney --- Under TEX. GOV’T. CODE Section 551.071.
(1) Received information from Staff, discussed, deliberated, considered, and
provided Staff with direction respecting 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 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 in order 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 attorneys’ duties and professional
responsibilities to their client under the Texas Disciplinary Rules of
Professional Conduct.
B. Consultation with Attorney – Under TEX. GOV’T. CODE Sec. 551.071
1. Discussed and received briefing from attorneys on status and possible
settlement of litigation styled Municipal Administrative Services, Inc. v.
th
City of Denton, Cause No. 99-50263-367 currently pending in the 367
District Court of Denton County, Texas.
Work Session of the City of Denton City Council on Tuesday, April 11, 2000 at 6:00 p.m. in the
Council Work Session Room in City Hall.
1. The Council received a report from Willie Hudspeth regarding tree removal from his
property.
Mr. Hudspeth presented a video regarding the removal of his trees and still felt that the Council
had been misled by staff regarding the removal of his trees.
City of Denton City Council Minutes
April 11, 2000
Page 2
2. The Council received a report, held a discussion, and gave staff direction regarding a
follow-up report to the Teasley Lane Corridor Traffic Study.
Dave Hill, Assistant City Manager for Development Services, stated that this was the second
phase of a three part study. Two new documents had been prepared for Council – a revised
Teasley Lane Corridor Traffic Study and a Level of Service Evaluation.
Danny Cummings, C & P Engineering, presented the details of the study as noted in the agenda
materials.
Consensus of the Council was to proceed with the study.
3. The Council considered approval of the Preliminary Design Report by Freese & Nichols
for the Modifications to Lake Ray Roberts Surface Water Treatment Plant.
Tim Fisher, Assistant Director of Water Utilities, reviewed the major changes on the preliminary
design report for the Lake Ray Roberts Surface Water Treatment Plant as noted in the agenda
materials.
Consensus of the Council was to proceed with the recommended design including the noted
changes.
4. The Council received a report, held a discussion, and gave staff direction regarding a
resolution of the City Council of the City of Denton, Texas determining competitive matters
respecting certain public power utilities which are subject to protection under the Texas Open
Meetings Act and the Texas Public Information Act; adopting declarations and findings in the
preamble; and providing for an effective date.
Sharon Mays, Director of Electric Utilities, stated that Senate Bill 7 created a public power
exception to both the Texas Open Meetings Act and the Texas Public Information Act for
municipal electric utilities. The purpose of the resolution was to provide the citizens of Denton a
clear understanding of how the City intended to implement the new law and to provide Council
guidance to the Public Utilities Board, the City Attorney, and the electric utility staff on
application of this exception. Council could approve the resolution as presented or not approve
the resolution and determine all competitive matters on a case by case basis in closed PUB and
Council sessions.
Consensus of the Council was to proceed with preparing the documents to consider the
resolution.
5. The Council received a report, held a discussion, and gave staff direction concerning
dually certified service areas between the City of Denton and Argyle Water Supply Corporation.
Howard Martin, Assistant City Manager for Utilities, stated that Denton and Argyle had dual
certified areas for water and wastewater service. Since both utilities were expanding and desired
to establish defined service areas cooperatively rather than competitively, the staff met to discuss
service areas boundaries based on a single certification approach. If agreed on by Council, the
boundaries of the two certified areas would be as indicated in the agenda materials.
City of Denton City Council Minutes
April 11, 2000
Page 3
Consensus of the Council was to proceed with the recommendation as presented by staff.
With no further business, the meeting was adjourned at 9:00 p.m.
_______________________________
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
___________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS