AGENDA
CITY OF DENTON CITY COUNCIL
September 17, 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, September 17, 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 September 17, 2013.

3. Receive a report, hold a discussion and give staff direction regarding a proposed Hotel and Convention Center project.

4. Receive a report, hold a discussion and give staff direction on the Better Block Project.

5. Receive a presentation, hold a discussion and give staff direction on the reorganization of the Planning and Development Department.

6. 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 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.

B. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.

1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.  Also hold a discussion regarding granting economic development incentives to Tetra Pak with respect to expansion of a manufacturing facility and development of a national headquarters facility.  This discussion shall include commercial and financial information the City Council has received from Tetra Pak which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives.

C. 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 T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, and generally located in the 2500 block of East McKinney Street. 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 purchase of certain real property interests located in the Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, and generally located at the south east and north east corners of Loop 288 and Locust Street. 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 certain real property interests located in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, and located generally in the 2200 Block of South Bonnie Brae Street, City of Denton, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests 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.

4. Discuss, deliberate, and receive further information regarding the purchase of certain real property interests located in the R.H. Hopkins Survey, Abstract No. 1694, City of Denton, Denton County, Texas, and generally located along the 1800 block of Colorado Boulevard and the 1500 block of Angelina Bend Drive. 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.

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

1. Receive a report and hold a discussion with the City’s attorneys regarding the contract between the City of Denton and Ecotality Inc., dated September 18, 2012 where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton 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. Consult with City’s attorneys regarding Item # 5U of the September 17, 2013 Regular Meeting Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

E. 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.

2. Review and discuss the duties and goals for the City Manager, City Attorney, and Municipal Judge.

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. Blood Cancer Awareness Month

2. Constitution Week

3. CITIZEN REPORTS

4. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2013, on all taxable property within the corporate limits of the city on January 1, 2013, and adopting a tax rate of $0.68975 per $100 of valuation for 2013; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date.

B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2013 tax rolls; and providing an effective date.

C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2013-2014 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014; and declaring an effective date.

D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2013-14 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning October 1, 2013, and ending on September 30, 2014 when the Budget will raise more revenue from property taxes than last year’s budget; and providing an effective date.

5. BUDGET 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 - U). 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 - U 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 adopting a schedule of fees for use of certain park facilities; superseding all prior fees in conflict with such schedule and providing for severability and an effective date.  The Parks, Recreation and Beautification Board recommends approval (5-0).

B. Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of Rates for Solid Waste Service contained in Ordinance No. 2012-212.  As authorized by Chapter 24 of the Code of ordinances of the City of Denton, Texas; providing that the provisions of Sections  26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service and Recycling Service; providing for the amendment to the Residential Refuse and Recycling Collection Services Rates and Provisions (Schedules SWR and SWRR); amending the Multi-Family Household Item Collection Services Rates and Provisions (Schedule MFR and SWMFS); amendment to the Commercial Solid Waste Refuse Collection Services and Dumpster Rates (Schedule SWC); amendment to the Commercial Recycling Services Rate and Provisions (Schedule SWCR); amendment to the Construction, Deconstruction, and Demolition Materials Services Rate and Provisions (Schedule SWC&D); an amendment to the Sanitary Landfill Services Processing and Disposal Rates and Provisions (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date.  The Public Utilities Board recommends approval (6-0).

C. Consider adoption of an ordinance amending the schedule of electric rates contained in Ordinance No. 2012-209 for electric service; amending the provisions of the Residential Service Rate Schedule (Schedule RES); amending the provisions of the Residential Renewable Energy Service Rider (Schedule RG); adding the provisions of the Residential Prepaid Service Schedule (Schedule RPP); amending the provisions of the General Service Small Schedule (Schedule GSS); amending the provisions of the General Service Medium Schedule (Schedule GSM); amending the provisions of the General Service Large Schedule (Schedule GSL); amending the provisions of the General Time of Use Schedule (Schedule TGS); amending the provisions of the Local Government Small Schedule (Schedule G2); amending the provisions of the Local Government Schedule (Schedule G1); amending the provisions of the Weekend Service Schedule (Schedule WK); amending the provisions of the Athletic Field Schedule (Schedule AF); amending the provisions of the Street Lighting Schedule (Schedule LS); amending the provisions of the Traffic Lighting Schedule (Schedule LT); amending the provisions of the Unmetered School Zone/Crossing Flashers Schedule (Schedule UFL); amending the provisions of the Unmetered Traffic Lights Schedule (Schedule ULT); amending the provisions of the Unmetered Security Camera Schedule (Schedule USC); amending the provisions of the Other Lighting Schedule (Schedule LO); amending the provisions of the Security Lighting Schedule (Schedule DD); amending the provisions of the Decorative Downtown Lighting Schedule (Schedule DDL); amending the provisions of the Non Standard Street Lighting Schedule (Schedule DSL); amending the provisions of the Temporary Service Schedule (Schedule T1); providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

D. Consider adoption of an ordinance amending the schedule of engineering fees contained in Ordinance No. 2012-210; providing a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

E. Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No.  2012-211; amend meter reconnection process charge; providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

F. Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2012-213; providing for an amendment in the rates for residential wastewater service (Schedule SR); amending the mobile home park wastewater service (Schedule SMH); amending the commercial and industrial wastewater service (Schedule SC); amending the commercial/industrial wastewater service which measures with dedicated water meters (sub- meters) (Schedule SCD); amending the commercial /industrial wastewater service which measures with dedicated water meters (sub-meters) (Schedule SCS); amending the septage & chemical toilet disposal at the pecan creek water reclamation plant septage transfer station (Schedule SCH); amending the equipment services facilities and restaurant & food service establishments wastewater service (Schedule SEE); amending the metered wastewater inside and outside corporate limits (Schedule SM); amending the sale of treated wastewater effluent (Schedule SGE); amending the wholesale wastewater treatment service (Schedule SSC); amending the wastewater tap and manhole fees (Schedule ST); amending the collection and transportation services permit (Schedule SWP); providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

G. Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance No. 2012-214 for water service rates and water rates; amending the residential water service rate (Schedule WR); amending the commercial/industrial water service rate (Schedule WC); amending the metered water from fire hydrant rate (Schedule WFH); amending the wholesale treated water service rate to the Upper Trinity Regional Water District (Schedule WW); amending the wholesale raw water service rate to Upper Trinity Regional Water District (Schedule WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); amending the water tap and meter fees;  providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

H. Consider adoption of an ordinance adopting a new Section 2-160 of the City Code which establishes a maximum fine cap for overdue Library items when items are returned in good condition; repealing all ordinances in conflict therewith; providing a severability clause; providing for a penalty clause; and providing for an effective date. The Library Board recommends approval (4-0).

I. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, establishing a Downtown Reinvestment Fund; defining and committing certain revenues of the City; providing a severability clause; and providing an effective date. The Audit/Finance Committee recommends approval (3-0).

J. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of nine (9) Chevrolet Tahoes for the City of Denton Police Department; providing for the expenditure of funds therefor; and providing an effective date (File 5335-awarded to Johnson Grayson Automotive, Inc in the amount of $245,706.75).

K. Consider adoption of an ordinance awarding a contract for the purchase of software maintenance for the City of Denton for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) software as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-VPC-03-018; providing for the expenditure of funds therefor and providing an effective date. (File 3100 awarded to Oracle America, Inc. in the three (3) year not-to-exceed amount of $550,000).

L. Consider adoption of an ordinance awarding the expenditure of funds for service and support for the City of Denton for continued vendor support of wireless access for mobile data computers and devices as awarded by the State of Texas Department of Information Resources (DIR) Contract Number DIR-SDD-1777; providing the expenditure of funds therfor and providing an effective date (File 3561 awarded to AT&T Mobility in the three (3) year not-to-exceed amount of $886,207).

M. Consider adoption of an ordinance awarding a contract for the purchase of security products and continued vendor support of the Palo Alto Firewall software as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1855; providing for the expenditure of funds therefor and providing an effective date. (File 4970-awarded to Solid Border, Inc. in the three (3) year not-to-exceed amount of $300,000).

N. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Geographic Information System (GIS) software, 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 3880 awarded to Environmental Systems Research Institute (ESRI) in the three (3) year not-to-exceed amount of 210,000).

O. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Denton Municipal Electric (DME) Interactive Voice Response and associated software modules along with new hardware and software upgrades, 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 3881 awarded to Milsoft Utility Systems in the three (3) year not-to-exceed amount of $260,000).

P. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the TriTech Public Safety System and associated modules used for Police and Fire Department Dispatching and Records Management, 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 2640 awarded to TriTech Software Systems in the three (3) year not-to-exceed amount of $700,000).

Q. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software subscription for the continued product upgrades and support of  Summation 360, a hosted solution for the Tele-Works System, 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 3869 awarded to Tele-Works, Inc. in the three (3) year not-to-exceed amount of $260,000).

R. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Municipal Court Incode software and hosted Insite web service, 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 4771 awarded to Tyler Technologies, Inc. in the three (3) year not-to-exceed amount of $260,000).

S. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the hosted Millennium Library System and associated hardware and software modules, 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 3224 awarded to Innovative Interfaces, Inc. in the three (3) year not-to-exceed amount of $295,000).

T. Consider approval of a resolution approving the City of Denton’s Strategic Plan and Key Performance Indicators for FY 2013-14; and providing for an effective date.

U. Consider adoption of an ordinance of the City of Denton, Texas setting Planning and Development Fees and Road Damage Remediation Fee Calculation Formula relating to gas well drilling and production in the City of Denton and its Extraterritorial Jurisdiction; repealing Section 2 of Ordinance 2011-100; and setting an effective date.

6. 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 - U). 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 - U 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 execution of a Third Amendment to Right of Entry and possession, by and between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain right of entry and possession, between the City and DCTA, dated April 17, 2012, Ordinance 2012-072, granting DCTA access to the Downtown Denton Transit Center ("DDTC) and certain lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract Number 1184, to conduct public transportation related operations; and providing an effective date.

B. 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 Brian Carter and Brenda Carter (the "Owner"), and the City of Denton, (the "City"), regarding the sale by Owner and purchase by the City of a fee interest in land consisting of 1.127 acres being situated in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, located generally in the 2500 block of East McKinney Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, the "Project", for the purchase price of One Hundred Forty-Two Thousand Three Hundred Sixty Seven Dollars and 15/100 ($142,367.15); as prescribed in the Contract of Sale; authorizing the City Manager or his designee to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date.  The Public Utilities Board recommends approval (6-0).

C. Consider adoption of an ordinance of the City of Denton, Texas approving a Contract of Sale (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Floyd Lee Phillips (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of a fee interest in land consisting of 1.127 acres being situated in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, located generally in the 2500 block of East McKinney Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "Project"), for the purchase price of Twelve Thousand Two Hundred Seven Dollars and 75/100 ($12,207.75); authorizing the City Manager or his designee to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date.  The Public Utilities Board recommends approval (6-0).

D. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple title in the surface estate only with surface restrictions for mineral owner(s) to a 1.127 acre tract situated in the T.M. Downing Survey, Abstract No. 346, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached hereto and made a part hereof, located generally in the 2500 block of East McKinney Street, (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission systems, and constructing substation infrastructure; authorizing the City Manager or his designee to make an offer to (1) the Heirs of Annie Bell Jenkins, James William Tyson, Nettie Jane Nickless, being the heirs of the estate of Robert Lee Tyson, and Shirley Jeannene Wright McCrory, Independent Executor of the estate of Ruthie Frances Tyson Wright, deceased (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 One Hundred Forty Six Thousand Four Hundred Ninety Three dollars and no cents ($146,493.00) (proportionate to each owner), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached hereto and made a part hereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.  The Public Utilities Board recommends approval (6-0).

E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute an Easement Purchase Agreement (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Melvin R. Haisler, Mary Ann McCutcheon, J.B. Haisler, Jr., individually and as Trustee of the J.B. Haisler, Jr. Trust (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of two easements consisting of 6.841 and 0.173 acres, respectively, being situated in the Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, located generally on the south and north sides of S.H. Loop 288, respectively, east of Farm to Market Road 2164, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures (herein, the "Project"), for the combined purchase price of Six Hundred Seventy Thousand and No/100 Dollars ($670,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the easement purchase agreement; authorizing the expenditure of funds, therefor; and providing an effective date.  The Public Utilities Board recommends approval (6-0).

F. Consider a request for an exception to the Noise Ordinance for the purpose of the 3rd Annual Komen North Texas Denton Race for the Cure to be held in South Lakes Park Saturday, September 28, 2013, from 6 a.m. to 11 a.m.  Amplified sound is needed for public announcements regarding race times and to play music during event.  The exception is specifically requested to increase sound levels from 70 to 75 decibels.  Staff recommends approval of request.

G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a funding agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend Home Investment Partnership Program funds with respect to the agreement; and providing for an effective date.

H. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for concrete repair and installation services including curb and gutter replacement and flat work for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5241-awarded to Floyd Smith Concrete, Inc. in the not-to-exceed amount of $10,000,000).

I. Consider a recommendation to the City Council to adopt an ordinance rejecting any and all competitive proposals for RFP 5218-Hangar Development at the Denton Enterprise Airport for the City of Denton, or take other appropriate action with regard to such proposals; and providing an effective date. The Council Airport Committee recommends approval (2-0).

J. Consider adoption of an ordinance approving the expenditure of funds for a three (3) year contract with Motorola Solutions, Inc. for maintenance services for radio communications network equipment for Denton Municipal Electric (DME) available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4823-Purchase of Three (3) Year Maintenance Services for Radio Communications Network for DME in the annual amount of $31,999.92, for a three (3) year not-to-exceed total of $95,999.76. The Public Utilities Board recommends approval (6-0).

K. Consider adoption of an ordinance approving a Third Amendment to a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and Alan Ritchey, Inc. for assignment to Nebrig Properties, L.P.; and providing an effective date. The Council Airport Committee recommends approval (2-0).

L. Consider approval of the minutes of: August 13, 2013 August 20, 2013

M. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement with the City of Corinth, Texas under Section 791.011 of the Texas Government Code, to authorize the City of Denton to provide various Information Technology resources for the City of Corinth; authorizing the acceptance of funds from the City of Corinth therefor; and declaring an effective date (File 3839-Interlocal Agreement with the City of Corinth).

N. Consider approval of a resolution of the City of Denton, Texas calling a public hearing to consider establishing a Reinvestment Zone XI for Tetra Pak, ratifying prior actions, and declaring an effective date.

O. Consider adoption of an ordinance awarding a contract for the purchase of a Networked Video Surveillance Camera System for the City of Denton Service Center and additional locations as needed, as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1722; providing for the expenditure of funds therefor and providing an effective date (File 5233-awarded to Sigma STS 360, LLC in the not-to-exceed amount of $221,307).

7. ITEMS FOR INDIVIDUAL CONSIDERATION

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

1. Community Development Advisory Committee

2. Historic Landmark Commission

3. Human Services Advisory Committee

4. Public Art Committee

5. Zoning Board of Adjustment

8. PUBLIC HEARINGS

9. CITIZEN REPORTS

10. 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.