AGENDA
CITY OF DENTON CITY COUNCIL
October 20, 2009


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, October 20, 2009 at 04:00 p.m. in the Work Session Room at City Hall, 215 E. McKinney Street , Denton, Texas at which the following items will be considered:

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1. Requests for clarification of agenda items listed on the agenda for October 20, 2009.

2. Receive a report, hold a discussion and give staff direction on the City of Denton’s property tax exemption for designated historic sites.

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:

A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072 and; Consultation with the City’s Attorneys - Under Texas Government Code Section 551.071.

1. Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the possible valuation issues respecting the possible sale and disposal of real property tracts within the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and receipt of legal advice for legal issues related thereto. (Facilities Management)

B. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. c public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

C. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071.

1. Discuss, deliberate and receive information from staff and provide staff ith direction pertaining to the grant of property within the Denton Rail Corridor to the DART, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

D. Consultation with Attorney - Under Texas Government Code Section 551.071.

1. Consult with the City’s attorneys to discuss status and possible settlement of pending litigation styled City of Denton v. Reichmann Petroleum Corporation, Case No. 06-20804, currently pending in the United States Bankruptcy Court, Southern District of Texas, Corpus Christi Division.



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

3. 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 - J). 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 - J 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 adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4384-Annual Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder meeting specification for each section in the annual estimated amount of $125,000).  The Public Utilities Board recommends approval (4-0).

B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) and Buy Board Cooperative Purchasing Network, for the acquisition of twelve vehicle and equipment items for the City of Denton General Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4422-Interlocal Agreement for the purchase of General Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $628,651).

C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) and Buy Board Cooperative Purchasing Network for the acquisition of ten vehicle and equipment items for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4423-Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $366,628). The Public Utilities Board recommends approval (4-0).

D. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient Geosciences, Inc. for performing Professional Hydrogeological Consulting and Analytical Services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (File 4416 in an amount not to exceed $161,681.90).  The Public Utilities Board recommends approval (4-0).

E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4424-2009 Electrical Energy Transmission fees in the total amount of $1,283,904.97).  The Public Utilities Board recommends approval (4-0).

F. Consider approval of the minutes of: September 22, 2009 October 5, 2009 October 6, 2009-Leadership Team

G. Consider adoption of an ordinance approving a Notice of Site Restriction upon a 13.12 acre tract located within a portion of Lot 2, Block 2, Municipal Utility Addition, an addition to the City of Denton, recorded as a plat under Document Number 2009-139, Real Property Records, Denton County, Texas; and providing an effective date. (Denton Municipal Electric - Spencer Road Site)

H. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to accept the public art donation by the Denton Festival Foundation, Inc. of two bronze sculptures titled Oh, Be Joyful.  The Parks, Recreation and Beautification Board recommends approval (4-0).

I. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to accept the donation of two black and white photographs from Burt and Missy Finger, owners of the Photographs Do Not Bend Gallery.  The Parks, Recreation and Beautification Board recommends approval (4-0).

J. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to accept Ms. Millie Giles’ donation of two watercolor paintings by Rob Erdle.  The Parks, Recreation and Beautification Board recommends approval (4-0).

4. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date.  The Mobility Committee recommends approval (3-0).  (Tabled from March 3, 2009)

B. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Real Estate Contract by and between the City of Denton Texas and CAPFinancial Properties CV1, LLC a Delaware Limited Liability Company, and any other documents and conveyances that are necessary to acquire an approximate 15.85 acre tract of real property in the T.M. Downing Survey, Abstract Number 346, Denton County, Texas, being located approximately 1,700 feet north of McKinney Street on the east side of Audra Lane, and being the lands conveyed to CAPFinancial Properties CV1, LLC, by deed recorded in County Clerk’s File Number 2009-13562, Real Property Records, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Municipal Purposes)

C. Consider the appointment of a voting and alternate voting delegate to the National League of Cities Annual Business Meeting.

D. Consider nominations/appointments to:

1. Historic Landmark Commission

E. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Christine Elling regarding the condition of Buena Vista Street.

b. Sara Marotto with the Oaks of Montecito regarding their easement, flooding, drainage, dead trees and investment properties.

c. Richard Gonzalez regarding permit prices of advertisement signs and banners.

d. Sarah Richey regarding the bicycle/pedestrian lane on Pennsylvania Drive.

F. 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

G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.



C E R T I F I C A T E

I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2009 at ________o'clock (a.m.) (p.m.)

______________________________
CITY SECRETARY

NOTE:      THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.