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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 November 19, 2013. |
3. | Receive a report, hold a discussion, and provide staff with direction regarding the proposed 2014 Bond Program. |
4. | Receive a report, hold a discussion, and give staff direction regarding a proposed Hotel/Convention Center. |
5. | Receive a report, hold a discussion, and give staff direction regarding a proposed Taxilane Quebec Hangar Development at Denton Enterprise Airport. |
1. | Closed Meeting: |
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.
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 purchase of certain real property interests located (1) in the O.S. Brewster Survey, Abstract No. 56, located generally in the 1700 block of South Bonnie Brae Street; and (2) in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, located generally in the 3100 Block of South Bonnie Brae Street, all property interests within the 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. (Bonnie Brae Widening)
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 B.B.B. & C.R.R Co. Survey, Abstract No. 196, and the J. Withers Survey, Abstract 1343, and the A. Cannon Survey, Abstract 232, all in Denton County, Texas, and located generally along the north side of the meanders of the Hickory Creek tributary, between U.S. Highway 377 and F.M. Road 1830, and also located generally along the north side of the meanders of the Hickory Creek tributary, west of Old Alton Road, all within 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. (Hickory Creek Basin Sanitary Sewer Peak Flow Storage Facility)
B. Deliberations regarding certain public power utilities competitive matters - Under Texas Government Code, Section 551.086.
1. Receive a presentation from DME staff regarding the GreenSense Energy Efficiency Rebate Program which is authorized under the current DME rate ordinance, Schedule GFR, regarding issues relating to solar energy rebates, including re-establishing the amount of funding under such Schedule, re-analyzing qualifying criteria for such rebates, amending the rebate amounts per solar installation, and making other amendments to the Criteria Manual for such Schedule. Discuss, deliberate and provide staff with direction.
C. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consultation with the City’s attorneys regarding legal advice concerning the leasing of land and financing of a proposed Hotel/Convention Center facility of University of North Texas property located at I-35 and North Texas Boulevard where a public discussion of this legal matter 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.
2. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulations and Fire Code regulations relating to gas well drilling and production and safety issues regarding gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement, and any contemplated litigation or settlement offers regarding drilling in the City of Denton where 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.
6. | Receive a report, hold a discussion, and give staff direction regarding proposed changes to the current Permit and Fee Schedule. |
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. American Diabetes Month
2. One O’Clock Lab Band
3. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Rachel Bewers regarding gas well fracking on Bonnie Brae and Vintage Parkway.
2. Sandy Mattox regarding gas well fracking on Bonnie Brae and Vintage Parkway.
3. Cathy McMullen regarding permits for gas well drilling on Bonnie Brae and Vintage Parkway.
B. | Receive citizen reports from the following: |
1. Mark Brady regarding taxi cab licensing.
2. Ed Soph regarding gas well drilling.
3. Carol Soph regarding gas well drilling.
4. Adam Briggle regarding the gas well situation near the Meadows at Hickory Creek on Bonnie Brae and Vintage.
5. Linda Alexander regarding a moratorium on well drilling.
6. Angie Holliday regarding the Vintage neighborhood drilling and fracking.
7. Kelly Higgins regarding gas drilling moratorium.
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 - 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. |
B. | Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management"; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). |
C. | Consider approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). |
D. | Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the installation of a pre-cast concrete security/screening fence at the Cooper Creek Substation for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5295-awarded to Walsh’s Hawk Construction Co., LLC in an amount not-to-exceed $354,971). The Public Utilities Board recommends approval (7-0). |
E. | Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for water and wastewater improvements as specified in Bid 5366 State School Interceptor II; providing for the expenditure of funds therefor; and providing an effective date (Bid 5366-awarded to the lowest responsible bidder meeting specification, Wright Construction Company, Inc. in the amount of $2,594,780). The Public Utilities Board recommends approval (7-0). |
F. | Consider adoption of an ordinance accepting competitive proposals and awarding contract for Janitorial Services for City of Denton buildings; providing for the expenditure of funds therefor; and providing an effective date (RFP 5317-awarded to Oriental Building Services, Inc. in the annual not-to-exceed amount of $581,238 for a three (3) year not-to-exceed amount of $1,743,714). |
G. | Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Children’s Advocacy Center for Denton County, Incorporated in the amount of $119,141; providing aid to the City of Denton Police Department in the investigation of child abuse cases; providing client and clinical services to victims of child abuse and non-offending family members; providing for the expenditure of funds therefor; and providing for an effective date. |
H. | Consider adoption of an ordinance approving a sponsorship in an amount not to exceed $13,000 of in-kind services and supplies for the 25th Annual Denton Holiday Lighting Festival to be held on Downtown Square on December 6, 2013, and providing an effective date. |
I. | Consider adoption of an ordinance authorizing execution of a franchise agreement with the City of Denton, acting through its electric utility, granting a franchise to maintain, and operate facilities within the City of Corinth for the delivery and sale of electricity; providing for the payment of a fee for the use of the public rights-of-way; providing that such fee shall be in lieu of other charges; setting forth the term of the franchise; providing for the ratification and retroactive approval of said agreement; and providing an effective date. (Second Reading) |
J. | Consider adoption of an ordinance approving a First Amendment to a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and Nebrig Properties, L.P. for assignment to Sykes-Vaughan Investments, LLC; and providing an effective date. The Council Airport Committee recommends approval (3-0). |
L. | Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Coats for Kids Ride, Inc.; providing for the expenditure of funds; and providing for an effective date. ($1,100). |
M. | Consider adoption of an ordinance authorizing the City Manager or his designee to execute a temporary access permit (the "Permit"), by and between the City of Denton, Texas and EagleRidge Operating, LLC, a Texas limited liability company ("EagleRidge"), granting a license to EagleRidge to temporarily access certain City owned lands located in the James Edmonson Survey, Abstract Number 401 and the James L. Harris Survey, Abstract Number 555,located generally 1,800 feet southwest of the intersection of South Bonnie Brae and Vintage Boulevard, City of Denton, Denton County, Texas, in connection with the overland transport of water for gas well operations; and providing an effective date. |
N. | 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 Power Engineers, Inc. for electrical transmission line 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 5174-First Amendment to Professional Services Agreement in the original not-to-exceed amount of $1,576,050, Amendment One in the amount of $820,492, for a total not-to-exceed amount of $2,396,542). The Public Utilities Board recommends approval (7-0). |
O. | Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of thirteen (13) vertical break switch upgrade components for Denton Municipal Electric substations which are available from only one source and in accordance with Texas Local Government Code 252.022, exempt from the requirements of competitive bidding; and providing an effective date (File 5113-awarded to Keasler Sales, LLC in the not-to-exceed amount of $175,370). The Public Utilities Board recommends approval (7-0). |
P. | Consider adoption of an ordinance 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 the City of Denton (the "City"), and Westpark Group, L.P., a Texas Limited Partnership (the "Seller"), contemplating (I) the sale by Seller and purchase by City of a 4.2218 acre tract of land, more or less, for the purchase price of Four Hundred Thirty Five Thousand Six Hundred and No/100 Dollars (435,600.00); and (II) donation of a 10.1164 acre tract of land, more or less, all of said Real Property being generally located along the east side of Western Boulevard between Airport Road and Jim Christal Road in the James Perry Survey, Abstract 1040, City of Denton, Denton County, Texas; authorizing the City Manager, or his designee, to execute, 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. The Public Utilities Board recommends approval (7-0). |
Q. | 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), by and between the City of Denton (the "City"), and Westpark Group, L.P., a Texas Limited Partnership (the "Seller") contemplating the sale by Seller and purchase by the City of a 3.00 acre tract of land, more or less, for the purchase price of One Hundred Eighty Thousand Nine Hundred Ninety One and 80/100 Dollars ($180,991.80), said Real Property being generally located east of Western Boulevard and North of Airport Road, and located in the James Perry Survey, Abstract 1040, and the John Davis Survey, Abstract 326, Denton County, Texas, 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. The Public Utilities Board recommends approval (7-0). |
R. | Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale (herein so called), by and between the City of Denton (the "City"), and Westpark Group, L.P., a Texas Limited Partnership (the "Seller"), contemplating the sale by Seller and purchase by the City of (I) fee simple to a 6.49 acre tract of land, more or less, and (II) a drainage easement encumbering a 1.6234 acre tract of land, more or less (collectively the "Property Interests"), for the purchase price of One Hundred and No/100 Dollars ($100.00), said Property Interests being generally located east of Western Boulevard and North of Airport road, and located in the James Perry Survey, Abstract 1040, Denton County, Texas, 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 ("Closing") and documents contemplated by the Contract of Sale to be executed by the City after closing; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (7-0). |
S. | Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale (herein so called), by and between the City of Denton (the "City"), and Westpark Group, L.P., a Texas Limited Partnership ("Westpark") and Rayzor Investments, Ltd., a Texas Limited Partnership ("Rayzor") (Westpark and Rayzor collectively, the "Seller"), contemplating the sale by seller and purchase by the City of certain Easements (herein so called) related to gas, electric, communication, and thermal commodity purposes, for the purchase price of One Hundred and No/100 Dollars ($100.00), the Real Property being encumbered by the easements being generally located along both sides of Western Boulevard between Airport road and Jim Christal Road, and located in the John Scott Survey, Abstract 1222, the Thomas Toby Survey, Abstract Number 1285, the James Perry Survey, Abstract Number 1040, and the John Bacon Survey, Abstract Number 1541, Denton County, Texas; 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. The Public Utilities Board recommends approval (7-0). |
T. | Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Termination Agreement (the "Agreement") between Rayzor Investments, Ltd., a Texas Limited Partnership and Westpark Group, LP, a Texas Limited Partnership (collectively, the "Seller") and the City of Denton, Texas ("Buyer"), terminating that contract dated effective April 19, 2011, City of Denton Ordinance No. 2011-063, relating to the sale and purchase of certain real property and real property interests located generally in the vicinity of Western Boulevard, between Airport road and Jim Christal Road, Denton, Texas; and providing for an effective date. The Public Utilities Board recommends approval (7-0). |
U. | Consider approval of a resolution allowing the Denton Community Theatre to be the sole participant permitted to sell alcoholic beverages at the Beaujolais and More event held on November 21, 2013, 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 allowing the Denton Community Theatre to sell alcohol at the Beaujolais and More event in the Civic Center. |
5. | ITEMS FOR INDIVIDUAL CONSIDERATION |
A. | Consider approval of a resolution creating a Special Citizens Bond Advisory Committee for the proposed 2014 Bond Election; establishing a charge for the committee; and declaring an effective date. |
B. | Consider appointments to the Citizens Bond Advisory Committee for the proposed 2014 Bond Election. |
6. | PUBLIC HEARINGS |
7. | CITIZEN REPORTS |
A. | Review of procedures for addressing the City Council. |
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. |
______________________________ CITY SECRETARY |