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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