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| 1. | Citizen Comments on Consent Agenda Items |
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.
| 2. | Requests for clarification of agenda items listed on the agenda for April 16, 2013. |
| 4. | Receive a presentation, hold a discussion, and give staff direction regarding the implementation of a gas well air monitoring program. |
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
| 1. | Closed Meeting: |
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT.
A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the David Hough Survey, Abstract Number 646 (located generally in the 3900 block of Quailcreek Road), within the City of Denton, Texas. Consultation with the City’s attorney’s regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. (Mayhill Widening and Improvements project)
2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 block of South Bonnie Brae Street); (2) in the William Roark Survey, Abstract Number 1087, James L. Harris Survey, Abstract No. 555 and James Edmonson Survey, Abstract Number 400, Denton County, Texas (located generally in the 4500 block of South Bonnie Brae Street); and (3) in the William Roark Survey, Abstract Number 1087, Denton County, Texas (located generally in the 4600 block of South Bonnie Brae Street), all in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. (Bonnie Brae Widening and Improvements project)
B. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with the City’s attorneys regarding status of litigation styled Consumer Service Alliance of Texas, Inc. v. City of Denton, Cause No. 2013-60479-393, currently pending in the 393rd District Court, Denton County, Texas.
2. Consult with the City’s attorneys regarding legal issues associated with a personal services contract with the law firm of Kelsey, Kelsey, & Hickey dated February 6, 2013 as it regards legal work to be performed for the City for property acquisition for electric utility projects and for representation in the litigation styled Roth et.al. v. City of Denton.
3. Consult with City’s attorneys regarding status and possible disposition of litigation styled Sutton, et al. v. City of Denton, Cause No. 2011-60760-393, currently pending in the 393rd District Court, Denton County, Texas.
4. Consult with and provide direction to the City’s attorneys associated with proposed enforcement related to sanitary sewer overflows and where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas and the City Council of the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
| 1. | PLEDGE OF ALLEGIANCE |
A. U.S. Flag
B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."
| 2. | PROCLAMATIONS/PRESENTATIONS |
A. Proclamations/Awards
1. National Day of Prayer
2. Denton Redbud Festival Day
3. Presentation of Tree City USA Re-Certification
4. Jazz Appreciation Month and International Jazz Day
5. Exercise is Medicine Month
| 3. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1) Tyler Carlton regarding an endorsement of marriage equality.
2) Kat Ralph regarding an endorsement of marriage equality.
| 4. | CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - V). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - V below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. |
A. Consider approval of a resolution allowing Metzler’s Food & Beverage, Inc. to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 4, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Staff recommends approval of the request.
B. Consider the second of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-7 of approximately 143 acres (less those parcels identified in Exhibit "C") located on the east and north sides of Teasley Lane, south of Teasley Harbor subdivision and west of Southlake Drive, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains areas of land which are to be annexed pursuant to the City’s 3-Year Annexation Plan; excluding properties within DH-7 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date. (Second of two readings).
C. Consider the second of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-9 of approximately 298 acres (less those parcels identified in Exhibit "C") located north of Pockrus Page Road, north, south and northeast of Edwards Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains areas of land which are to be annexed pursuant to the City’s 3-Year Annexation Plan; excluding properties within DH-9 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date. (Second of two readings).
D. Consider the second of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-12 of approximately 1,154 acres (less those parcels identified in Exhibit "C") located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, and east and west of S. Trinity Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains areas of land which are to be annexed pursuant to the City’s 3-Year Annexation Plan; excluding properties within DH-12 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date. (Second of two readings).
E. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Euless under Section 271.102 of the Local Government Code for the purchase of Street Slurry Seal Services; providing for the expenditure of funds therefor; and providing an effective date (File 4395-Interlocal Agreement for Street Slurry Seal Services with the City of Euless, contract awarded to Viking Construction, Inc. for a not-to-exceed amount of $375,000).
F. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with Tarrant County under Section 271.102 of the Local Government Code for the purchase of seven (7) Chevrolet Tahoes for the City of Denton Police department; providing for the expenditure of funds therefor; and providing an effective date (File 5227-awarded to Caldwell Country Chevrolet in the amount of $190,806).
G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Personal Services Agreement by and between the City of Denton, Texas and Eagle and Wheeler for personal services pertaining to the daily pick-up, metering, and delivery of the City of Denton’s residual mail to the United States Post Office; authorizing the expenditure of funds therefor; providing an effective date (File 4843 in an annual amount of $73,333 for a three year total not to exceed $220,000).
H. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of a joint Training Facility to be used by Denton area public safety entities; providing for the expenditure of funds therefor; and providing an effective date (RFP 5187-awarded to Schmoldt Construction, inc. in the amount of $1,401,517).
I. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the Reroofing of the portion of City Hall East that is to be used for the Denton Area Joint Training Facility; providing for the expenditure of funds therefor; and providing an effective date (RFP 5188-awarded to Castro Roofing of Texas, LP in the amount of $839,000).
J. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of substation electrical connectors, associated connector hardware and the purchase or lease of tooling, from DMC Power Inc., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5167-Purchase of Substation Electrical Connectors. Hardware and Tooling in a three (3) year amount not to exceed $1,220,000). The Public Utilities Board recommends approval (7-0).
K. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of substation protective relay and control panels for Denton Municipal Electric in a three (3) year amount not to exceed $1,430,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5159-awarded to Schweitzer Engineering Laboratories, Inc.). The Public Utilities Board recommends approval (7-0).
M. Consider approval of a resolution re-appointing Timothy S. Fisher as the City’s representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The Public Utilities Board recommends approval (6-0).
N. Consider adoption of an ordinance of the City of Denton, Texas, accepting four conveyances of Electric Transmission off-system facilities being interests in real property owned of record by Texas Municipal Power Agency, however, being held in trust for the benefit of the City of Bryan, the City of Denton, the City of Garland and the City of Greenville, Texas; which conveyances are evidenced by: (a) bill of sale, assignment of easements and quitclaim regarding certain interests in real property situated in Montague County, Texas; (b) bill of sale, assignment of easements and general warranty deed regarding certain interests in real property situated in Wise County, Texas; (c) bills of sale and assignment of easements regarding certain interests in real property situated in Brazos and Grimes Counties, Texas; wherein the said Texas Municipal Power Agency conveying said properties to the beneficial owners thereof, being its four member cities by the conveyances described hereinabove; further, an ordinance in turn authorizing the four conveyances of Electric Transmission off-system facilities from the City of Denton, Texas (as well as the other three Texas Municipal Power Agency member cities separately) being: (a) a bill of sale and assignment of easements and quitclaim to the Brazos Electric Power Cooperative, Inc. regarding certain interests in real property situated in Montague County, Texas; (b) a bill of sale, assignment of easements and deed without warranties to the Brazos Electric Power Cooperative, Inc. regarding certain interests in real property situated in Wise County, Texas; and (c) bills of sale and assignment of easements to the City of Bryan, Texas regarding certain interests in real property situated in Grimes and Brazos Counties, Texas; providing for an effective date. The Public Utilities Board recommends approval (6-0).
O. Consider approval of the minutes of: March 4, 2013 March 5, 2013 March 19, 2013
P. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement by and between the City of Denton, Texas and Graham Associates Inc. for engineering services associated with the Sherman Drive, Holiday Park, and Longfellow Wastewater Collection System Improvements project; authorizing the expenditure of funds therefor; providing an effective date (File 5236-in the amount of $135,835). The Public Utilities Board recommends approval (6-0).
Q. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement by and between the City of Denton, Texas and Teague Nall and Perkins for engineering services associated with the Avenue A, Eagle Drive, Congress and Amarillo Wastewater Collection System project; authorizing the expenditure of funds therefor; providing an effective date (File 5237-in the amount of $158,560). The Public Utilities Board recommends approval (6-0).
R. Consider approval of a resolution appointing members to the Board of Directors of the Industrial Development Authority Board; and providing for an effective date.
T. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make an application with the Texas Auto Burglary and Theft Prevention Authority for a grant to form a task force to focus on auto theft and auto burglary and take all other actions necessary to obtain and implement the program; and providing for an effective date.
U. Consider adoption of an ordinance abandoning and vacating an electric easement covering and encumbering a 0.094 acre tract, located in the Francis Batson Survey, Abstract No. 43, Denton County, Texas, granted to and accepted by the City of Denton on April 17, 2012, from RR Marketplace LP., a Delaware limited partnership, and recorded as Instrument No. 2012-39183, Real Property Records, Denton County, Texas; and declaring and effective date. (Rayzor Ranch - Panera Restaurant)
V. Consider adoption of an ordinance of the City of Denton, Texas authorizing the Mayor to execute a First Amendment to Interlocal Cooperation Agreement (the "Amendment"), between the Denton County Transportation Authority ("DCTA") and the City of Denton, Texas ("City"), as attached thereto and made a part thereof as Exhibit "A", the Amendment amending that certain Interlocal Cooperation Agreement ("Interlocal Agreement"), by and between the City and DCTA, regarding the insurance requirements provided by the Interlocal Agreement, said Interlocal Agreement providing a license to DCTA to construct, operate and maintain bus shelters and related passenger amenities in city rights of way in locations more particularly described in the Interlocal Agreement: and providing for an effective date.
| 5. | ITEMS FOR INDIVIDUAL CONSIDERATION |
C. Consider nominations/appointments to the City’s Boards & Commissions.
1) Human Services Advisory Committee
2) Library Board
3) Public Art Committee
| 6. | PUBLIC HEARINGS |
A. Hold a public hearing inviting citizens to comment on the City of Denton’s 2013 Action Plan for Housing and Community Development.
| 7. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
| 8. | CONCLUDING ITEMS |
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
| ______________________________ CITY SECRETARY |