AGENDA
CITY OF DENTON CITY COUNCIL
October 2, 2012


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 2, 2012 at 05:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

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WORK SESSION

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 October 2, 2012.

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

1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of two tracts of fee lands for public purposes situated in the Gideon Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, generally located in the 650 and 1000 blocks of South Mayhill Road.  Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts 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 regarding expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility.

2. 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 T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, and located generally along the south side of East McKinney Street, approximately 0.3 miles east of Woodrow Lane. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described 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 the 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 proceeding or potential litigation.

3. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of two tracts of land, located in the David Davis Survey, Abstract Number 356, City of Denton, Denton, County, Texas, and located generally along the west side of Tom Cole Road, across from the Denton Municipal Airport.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described 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 the 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 potential litigation.

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.

Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:



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. Employer of the Year for People with Disabilities

2. National Disability Employment Awareness Month

3. Fire Prevention Week

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 - N). 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 - N 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 and Beverage, Inc. to be the sole participant allowed to sell alcoholic beverages at the Friday Nite Bites! Denton Foodie Truck Festival, located at 604 E. Hickory Street, Friday, October 26, 2012, 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.  Staff recommends approval of Metzler’s Food and Beverage’s request.

B. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 17 by amending Sections 17-184, 17-187, 17-189, and 17-191 to correct cross reference errors; amending Section 17-187 to provide for a new section title; amending Section 17-191 to provide for a limited judicial review of demolition orders issued by the health and building standards commission of the City of Denton, Texas; amending the provisions of Chapter 19 by amending Section 19-2 to provide for clear declaration of limited civil jurisdiction already conferred upon the city’s municipal court of record by state law, and incorporated by municipal charter; providing a severability clause; providing a savings clause; and providing an effective date.

C. Consider adoption of an ordinance of the City of Denton, Texas, to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Airport Fund with certificates of obligation with an aggregate maximum principal amount equal to $2,000,000 to allow the purchase of land for future development of Airport property; and providing an effective date.

D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute (I) a Contract of Sale (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between the City of Denton, (the "City"), and Wells Fargo Bank, N.A., and Billie Glosser, (collectively, as "Seller") contemplating the sale by Seller and purchase by City of (A) a called 6.205 acre tract of land; and (B) a called 142.2252 acre tract of land (Collectively, the "Real Property"), for the purchase price of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), said Real Property being generally located along the west side of Tom Cole Road, across from the Denton Municipal Airport and located in the David Davis Survey, Abstract Number 356, Denton County, Texas; and (II) upon closing of the transaction contemplated by the Contract of Sale, a Temporary Lease (herein so called) of the Real Property in favor of Billie Glosser; authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transactions contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date.

E. Consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 6 by amending Section 6-26 to add provisions to allow the keeping of chickens within the city limits of Denton with certain restrictions; providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date.

F. Consider adoption of an ordinance amending the Code of Ordinances of the City of Denton, Texas by adding Section 26-12 thereto; providing for the imposition of a lien on real property, other than homestead property, for delinquent municipal utility bills for utility service to the real property; providing for a savings clause; providing for a severability clause; providing for publication thereof; and providing for an effective date.  The Public Utilities Board recommends approval (5-0)

G. Consider adoption of an ordinance accepting competitive bids and awarding an initial two year contract with the option to extend for three (3) additional one (1) year periods for the purchase of park land maintenance products for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4925-Two Year Contract for Park Land Maintenance Products awarded to the lowest responsible bidder for each item as shown on Exhibit A for an annual estimated expenditure of $65,000 and a five year estimated total of $325,000).

H. Consider adoption of an ordinance accepting competitive bids and awarding an initial two year contract with the option to extend for three (3) additional one (1) year periods for the purchase of irrigation parts and supplies for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4928-Two Year Contract for Irrigation Parts and Supplies awarded to the overall lowest responsible bidder meeting specification, Longhorn, Inc., for an annual estimated expenditure of $50,000 and a five year estimated total of $250,000).

I. Consider adoption of an ordinance accepting competitive bids and awarding a best value, initial three (3) year contract, with the option to extend for two (2) additional one (1) year periods, for asphalt and concrete street sections and repair services for the City of Denton Street Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4974-awarded to Jagoe-Public Co. in the annual estimated expenditure of $1,500,000 and a five year estimated total of $7,500,000).

J. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 5.140 acre tract, known as Lot 1, Block A, of Mayhill Road Addition, an Addition to the extraterritorial Jurisdiction of the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet Y, Page 761, Plat Records of Denton County, Texas, located in the City of Denton and generally in the 650 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Unified Aircraft Service, Inc. (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Two Million Five Hundred Thousand Dollars and No Cents ($2,500,000.00), as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.

K. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 2.124 acre tract, located in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas, being more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, and located generally on South Mayhill Road, north of Gayla Drive (the "Property Interests"), for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Weldon Wilson and wife, Terri Wilson (collectively, the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Eighty Eight Thousand Seven Hundred Fifty One Dollars and No Cents ($88,751.00), as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.

L. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 2.486 acre tract located in the T.M. Downing  Survey, Abstract Number 346, in the City of Denton, Denton County, Texas as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally along the south side of East McKinney Street, approximately 0.3 miles east of Woodrow Lane (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to (1) Gerard Roland Vela and wife, Emma Lamar Vela (collectively the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Two Hundred Eighty Six Thousand Four Hundred Eighty Nine Dollars and No Cents ($286,489.00), and other considerations as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project)

M. Consider approval of the minutes of: August 21, 2012 August 27, 2012 August 28, 2012 September 5, 2012

N. Consider approval of a resolution of the City Council of the City of Denton, Texas, accepting for filing a petition for the creation of Rayzor Ranch Public Improvement District No. 1; ordering a public hearing to consider the creation of the District; authorizing and directing the publication and mailing of notices of the public hearing as required by law; and providing for an immediate effective date.

4. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider nominations/appointments to the City’s Boards & Commissions:

1. Health & Building Standards Commission

2. Human Services Advisory Committee

3. Parks, Recreation and Beautification Board

4. Public Art Committee

5. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Nell Yeldell regarding prescription medications for her disabled son.

6. 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.



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 ___________________, 2012 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.