AGENDA
CITY OF DENTON CITY COUNCIL
August 6, 2013


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 6, 2013 at 03:00 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 August 6, 2013.

3. Receive a report, hold a discussion, and give direction regarding water and transportation issues which may be the subject of a November 2013 Constitutional Amendment Election called by the State of Texas.

4. Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.

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; 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 James Perry Survey, Abstract No. 1040, John Scott Survey, Abstract No. 1222, John Bacon Survey, Abstract No. 1541, and the John Davis Survey, Abstract No. 326, City of Denton, Denton County, Texas, and generally located along Western Boulevard between Airport Road and Jim Christal Road. 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.

2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential sale of certain real property interests located in the B.B.B & C. R.R. Co. Survey, Abstract Number 185 and the William Neill Survey, Abstract Number 971.  Consultation with the City’s attorneys regarding legal issues associated with the potential sale 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.

B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters.

2. Receive a presentation from Denton Municipal Electric staff regarding public power utility competitive, financial and commercial matters pertaining to TMPA, a Joint Powers Agency, being a generation resource owned in common by the City of Denton, Texas, which holds a 21.3% interest in the same; including without limitation, plans, proposals, system improvements, fuel contracting, fuel transportation contracts, other contracting issues, the fixed and variable costs of operation of the generation unit, and capital improvement plans for the generation unit. Discuss, deliberate and provide staff with direction.

C. Consultation with Attorneys - Under Texas Government Code Section 551.071.

1. Consult with the City’s attorneys and provide direction with regard to the City of Denton Code of Ordinances Chapter 35-221 and Denton Development Code Section 35.7.6.10 pertaining to procedures for obtaining permits pending designation as historic landmark; further with regard to V.T.C.A, Government Code Chapter 442 as it concerns designation of historic landmarks.

D. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.

1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.

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

3. CITIZEN REPORTS

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 - M). 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 - M 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 the minutes of: July 9, 2013 July 16, 2013

B. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of College Station, Texas under Section 271.102 of the Local Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5315-Interlocal Agreement with the City of College Station).

C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of residential refuse and recycling carts including replacement parts, for the City of Denton Solid Waste Department; and providing an effective date (File 5249-Purchase of Residential Recycling and Refuse Carts awarded to Rehrig Pacific Company in the not-to-exceed amount of $745,100 for a thirty (30) month time period). The Public Utilities Board recommends approval (6-0).

D. 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, Inc. for engineering services including land surveying, civil engineering, project permitting and related consulting services for Denton Municipal Electric Capital Improvement Projects; authorizing the expenditure of funds therefor; providing an effective date (File 5306-in the not-to-exceed amount of $4,160,000). The Public Utilities Board recommends approval (6-0).

E. 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 D&S Engineering Labs, PLLC, for geotechnical, construction materials engineering and testing, and construction inspection services for Denton Municipal Electric Capital Improvement Projects; authorizing the expenditure of funds therefor; providing an effective date (File 5311-in the not-to-exceed amount of $1,650,000). The Public Utilities Board recommends approval (6-0).

F. Consider adoption of an ordinance of the City of Denton, Texas amending a Professional Services Agreement by and between the City of Denton, Texas and SGS Engineering, LLC, for structural, electric design, and other engineering related consulting services for Denton Municipal Electric Capital Improvement Projects; authorizing the expenditure of funds therefor; providing an effective date (File 4755-Amendment to Professional Services Agreement in the not-to-exceed amount of $6,675,000 for a total not-to-exceed amount of $7,935,000). The Public Utilities Board recommends approval (6-0).

G. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for fiber optic services for Denton Municipal Electric in a three (3) year amount not to exceed $450,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5160-awarded to Cable Contractors, LLC, dba Contract Services and Equipment).  The Public Utilities Board recommends approval (6-0).

H. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of furniture for the City of Denton Joint Public Safety Training Facility as awarded by the State of Texas (Contract TXMAS-3-7110400); providing for the expenditure of funds therefor; and providing an effective date (File 5290-Furniture for Joint Public Safety Training Facility awarded to Krueger International, Inc. in the amount of $140,407.29). (2009 Congressionally Selected Award funded through the US Department of Justice)

I. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase and installation of an audio and video system for the City of Denton Joint Public Safety Training Facility; providing for the expenditure of funds therefor; and providing an effective date (RFP 5267-awarded to Lantek Communications in the not-to-exceed amount of $267,955.48). (2008 Community Oriented Policing Services (COPS) grant)

J. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for wood grinding services for the City of Denton Beneficial Reuse Department in a three (3) year amount not to exceed $525,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5238-awarded to Thelin Recycling Company, LP).  The Public Utilities Board recommends approval (6-0).

K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Contract of Sale (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Timothy J. Murphy, Trustee of the Baker Revocable Trust, as Owner (herein so called), and the City of Denton, Texas, as Buyer, regarding the sale and purchase of fee simple to a 1.475± acre tract, more or less, situated in the William Crenshaw Survey, Abstract No. 318, located in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, located generally in the 1400 Block of North Ruddell Street (the "Property Interests"), for the purchase price of Eighty Five Thousand Dollars and No Cents ($85,000.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor;  and providing an effective date.  (North Ruddell Street Connection)

L. Consider the re-appointment by the City Manager of Darhyl Ramsey to the Civil Service Commission.

M. Consider approval of a resolution appointing members to the Board of Directors of the Denton Health Facilities Development Corporation; and providing an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider approval of a resolution approving the naming of the Downtown Denton Transit Center after Dr. Euline Brock, and declaring an effective date.

B. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 17, 2013, City Council public meeting agenda to adopt a 2013 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on August 20, 2013, and September 10, 2013 and calling a budget public hearing on the Fiscal Year 2013-2014 Annual Program of Services of the City of Denton to be held on August 20, 2013; requiring publication of notices of the public hearings in accordance with the law; requiring publication of a notice of tax revenue increase in accordance with the law; requiring the posting of the notices of the public hearings on the City’s Internet website; requiring the posting of the notices on the City’s public access channel; and providing an effective date.

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

1. Airport Advisory Board

2. Animal Shelter Advisory Committee

3. Community Development Advisory Committee

4. Health & Building Standards Commission

5. Historic Landmark Commission

6. Human Services Advisory Committee

7. Library Board

8. Parks, Recreation and Beautification Board

9. Planning and Zoning Commission

10. Public Art Committee

11. Public Utilities Board

12. Traffic Safety Commission

13. Zoning Board of Adjustment

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the Denton Development Code by increasing the duration of a permit for Farmer’s Market; adding Open Air Market as a temporary use in Section 35.12; and creating a separate definition for Open Air Market in Section 35.23; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval 6-0.

7. 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.

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.



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 ___________________, 2013 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.