AGENDA
CITY OF DENTON CITY COUNCIL
July 9, 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, July 9, 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 July 9, 2013.

3. Receive a report, hold a discussion, and give staff direction regarding the outcome of the 83rd Texas Legislative Session and future legislative issues and strategies.

4. Receive a report, hold a discussion, and give staff direction regarding the consolidation of the Central Business District boundary and the Downtown Implementation Plan boundary and recommendations on the handling of properties that would fall outside of these former boundaries.

5. Receive a report, hold a discussion and provide direction regarding the proposed conveyance of the Downtown Denton Transit Center from the City of Denton to the Denton County Transportation Authority.

6. Receive a report; hold a discussion, and give staff direction regarding an update on Chapter 13 Food and Food Service Establishments ordinance.

6. Receive a report; hold a discussion, and give staff direction regarding an update on Chapter 13 Food and Food Service Establishments ordinance.

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 Attorney -- Under Texas Government Code Section 551.071.

1. Consult with City’s attorneys regarding status of litigation styled Shaklee v. City of Denton, Cause No. 2013-20132-158, currently pending in the 158th District Court, Denton County, Texas.

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. Parks and Recreation Month

2. Citizen Forester Appreciation Day

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Shawn Farrar regarding the police department.

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 - 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 adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to a Professional Services Agreement with Bracewell & Giuliani LLP for services in connection with the negotiation of potential development and lease agreements among the University of North Texas (UNT), the developer, and the City of Denton pertaining to the inclusion of a City-owned convention/conference center and related parking facilities in the not to exceed amount of $200,000; and establishing an effective date.

B. Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date.

C. Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to the hours of operation for an outdoor music festival, and providing an effective date.  The North Texas State Fair Association is requesting a three-year noise exception (years 2013-2015) for the North Texas State Fair and Rodeo, which begins on the third Friday of August and ends on the fourth Sunday of August. The noise exception is for Monday through Thursday until 12:00 midnight, Friday and Saturday until 1:00 a.m., and Sunday until 11:00 p.m.; sound levels will not exceed 70 decibels throughout. Staff recommends approving the three-year noise exception request.

D. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Garland under Section 271.102 of the Local Government Code for the purchase of Polyurethane Concrete Lifting Material; providing for the expenditure of funds therefor; and providing an effective date (File 5248-Interlocal Agreement for Polyurethane Concrete Lifting Material with the City of Garland, contract awarded to Hydraulic Mudpumps, Inc. for first year not-to-exceed amount of $135,000 and a three-year not-to-exceed amount of $235,000).

E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of four (4) Refuse Truck Cabs from McNeilus Truck and Manufacturing Company, seven (7) Peterbilt chassis, and one (1) Knuckleboom from Rush Truck Center, Crane for the City of Denton Solid Waste department; and providing an effective date (File 5114-awarded to McNeilus Truck and Manufacturing Company in the amount of $513,536 and Rush Truck Center, Crane in the amount of $1,315,173). The Public Utilities Board recommends approval (6-0).

F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of three (3) auto-side load refuse truck bodies for the City of Denton Solid Waste department; and providing an effective date (File 5300-Purchase of Three Auto-Side Load Refuse Truck Bodies awarded to DaDee Manufacturing, LLC in the amount of $447,353.46). The Public Utilities Board recommends approval (6-0).

G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a First Amendment to a Professional Services Agreement for Engineering Services, by and between CP&Y, Inc. and the City of Denton, Texas, providing for the expenditure of funds therefor; and providing an effective date (File 5045-Providing for an additional expenditure amount not-to-exceed $97,200 with the total contract amount not-to-exceed $232,200 for professional engineering and design services for the Solid Waste Department). The Public Utilities Board recommends approval (6-0).

H. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Dunaway Associates, L.P. for design services for the new multiple-use field improvements at North Lakes Park, and providing for an effective date (File 5273-Design of Multiple-Use Fields at North Lakes Park awarded to Dunaway Associates, L.P. in the amount of $145,170).

I. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a three (3) year contract for Bunker Gear for the City of Denton Fire Department, 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 5178 awarded to Casco Industries, Inc. for a  three (3) year not-to-exceed amount of $300,000).

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 a dry-pit submersible pump from DXP Enterprises, Inc., which are available from only one source and in accordance with the pertinent provisions of 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 5296-Purchase of Submersible Pump for Pecan Creek Water Reclamation Plant in the amount of $67,925). The Public Utilities Board recommends approval (6-0).

K. Consider adoption of an ordinance awarding a contract for a thirty-six (36) month lease of approximately fifty-five (55) black and white digital copiers for various City of Denton departments as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1622; providing for the expenditure of funds therefor and providing an effective date (File 5280 awarded to Canon Solutions America, Inc. in the not-to-exceed amount of $283,572 with the exception of an $.0068 overage rate).

L. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of six (6) Dodge heavy duty trucks for the City of Denton Electric, Water, and Wastewater Departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 5258-awarded to Dallas Dodge in the amount of $325,287).  The Public Utilities Board recommends approval (6-0).

M. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a First Amendment to a Service Agreement for veterinary services, by and between Animal Hospital on Teasley Lane and the City of Denton, Texas, providing for the expenditure of funds therefor; and providing an effective date (RFP 4726-Providing for an additional expenditure amount of $600,000 with the total contract amount not-to-exceed $750,000 for veterinary services for the Animal Services Division).

N. 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 Amina Hamid Al-Khafaji, individually and as Independent Executrix of the Estate of Ali Al-Khafaji, deceased, as Owner (the "Owner"), and the City of Denton (the "City"), regarding the sale by the Owner and purchase by the City of fee simple to a 3.839 acre tract of land, more or less, being situated in the M. Yoachum Survey, Abstract No. 1442, located in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, located generally in the 3300 Block of East McKinney Street (the "Property Interests"), for the purchase price of Two Hundred Ninety Thousand Dollars and No Cents ($290,000.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; authorizing relocation expenses and advisory services, if applicable; and providing an effective date. (Fire Station No. 2 Improvements Plan)

5. ITEMS FOR INDIVIDUAL CONSIDERATION

6. PUBLIC HEARINGS

7. CITIZEN REPORTS

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.