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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 January 7, 2014. |
| 3. | Receive a report, hold a discussion and give staff direction on the initiation of the Better Block Program. |
| 4. | Receive a report, hold a discussion and give staff direction regarding the naming of the Center for Visual Arts. |
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: |
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. Consultation with Attorney - Under Texas Government Code Section 551.071
1. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of 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 of the ordinance.
B. 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 acquisition of real property interests located (1) in the M.E.P. & P. R.R. Co. Survey, Abstract No. 1469, located generally in the 1500 block of North Mayhill Road; (2) in the Gideon Walker Survey, Abstract No. 1330, located generally in the 700, 800 and 900 blocks of South Mayhill Road; and (3) in the David Hough Survey, Abstract Number 646 and the John B. Brandon Survey, Abstract No. 1515, located generally within the 1400 through 2100 block range of South Mayhill Road, all tracts located in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and 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. (Mayhill Road Widening and Improvements project & Municipal Landfill)
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 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.
3. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests in the William Neill Survey, Abstract 971, Denton County, Texas, being generally located at 221 N. Elm Street and 217 W. McKinney Street. Consultation with the City’s attorneys regarding legal interests related to this matter where a public discussion of these legal issues 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.
| 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. UNT Heart of Dallas Bowl Win Proclamation
2. Peterbilt Motors Company 75th Anniversary Proclamation
| 3. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1) Lee Allison regarding Mission Street paving exaction.
| 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 - T). 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 - T 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 approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date.
C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a lease agreement by and between the City of Denton, Texas and Denton County Archers, a Texas not-for-profit corporation; and providing an effective date. The Public Utilities Board recommends approval (6-0).
D. 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) Cooperative Purchasing Program for the acquisition of one (1) Aerial Fire Truck for the City of Denton Fire Department; and providing an effective date (File 5437-Purchase of one (1) Aerial Fire Truck from Siddons-Martin Emergency Group in the amount of $1,406,673).
E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for professional engineering services in support of the development and implementation of a Roadway Impact Fee and Rough Proportionality Policy for the City of Denton with Kimley-Horn and Associates, Inc. in an amount not-to-exceed $276,500; providing for the expenditure of funds therefor; and providing an effective date (File 5436-awarded to Kimley-Horn and Associates, Inc.).
F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a HazMat ID Elite Command System for the City of Denton Police and Fire Departments (Funded 100 percent through the 2012 Homeland Security Grant Program), 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 5443-awarded to Smiths Detection in the not-to-exceed amount of $54,950).
G. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of seven (7) Throwbot XT Reconnaissance Robot Audio Kits for the City of Denton Police and Fire Departments (Funded 100 percent through the 2012 Homeland Security Grant Program), 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 5444-awarded to ReconRobotics, Inc. in the not-to-exceed amount of $99,190).
H. Consider adoption of an ordinance authorizing the City Manager to execute a Cooperative Purchasing Program Agreement with the City of Cedar Hill, Texas under Section 271.102 of the Local Government Code, to authorize mutual participation in various City of Cedar Hill and City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5430-Cooperative Purchasing Agreement with City of Cedar Hill).
I. Consider approval of the minutes of: November 19, 2013 November 22, 2013
J. Consider adoption of an ordinance amending Ordinance No. 2003-258, as amended by Ordinance 2011-042, relating to the Economic Development Partnership Board ("the Board") to add to the membership of the Board; repealing all conflicting ordinances and portions thereof; and providing an effective date.
K. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 7.393 acre tract (the "Mayhill Tract"); (II) fee simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope Easement (herein so called), encumbering a 0.804 acre tract, each affected tract located in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 1400 block of South Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill tract and the Slope Easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (B) as concerns the Landfill Tract, for the public use of expanding and improving the City of Denton Landfill, a permitted municipal Solid Waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stokes and Wayne Stokes, a married couple, Joe P. Doye, Jr. A/K/A Joseph Pierre Doye, Jr. Patricia Ann Doye A/K/A Patricia Doye Kendall (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 Seven Hundred Eighty Five Thousand Thirty Six Dollars and No Cents ($785,036.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project - Bond et al - Parcel M134)
L. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 1.029 acre tract (the "Mayhill Tract"); (II) fee simple to a 0.624 acre tract (the "Landfill Tract"); and (III) a Slope Easement (herein so called), encumbering a 0.076 acre tract, each affected tract located in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 1900 block of South Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill Tract and the Slope Easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (B) as concerns the Landfill Tract, for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Wilma M. Haggard (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 Thirty Three Thousand Eight Hundred Fifty Nine Dollars and No Cents ($133,859.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project - Haggard - Parcel M136)
M. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 7.628 acre tract (the "Mayhill Tract"); (II) fee simple to 2.276 acres (the "Landfill Lands"); and (III) a Drainage Easement (herein so called), encumbering 0.196 acre, all lands located in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 2100 block of South Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill Tract and the Drainage Easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (B) as concerns the Landfill Lands, for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Kevin Nelms and Richard and wife, Nancy Greb (collectively, the "Owner"); (2) successors in interest to the owner of the 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 Eight Hundred Sixty Seven Thousand Three Hundred Forty Seven Dollars and No Cents ($867,347.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project - Nelms/Greb - Parcel M137 & M138)
N. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as Buyer, and Jerry M. Kelsoe (the "Owner"), as Seller, to acquire (I) fee simple to a 0.216 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.152 acre tract, all tracts situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1469, located in the City of Denton, Denton County, Texas, and being generally located in the 1500 block of North Mayhill Road; for the purchase price of Three Hundred Thirty Nine Thousand Two Hundred Forty Five Dollars and No Cents ($339,245.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project - Kelsoe Parcel M024)
O. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton, Texas ("City"), as Buyer, and Shiron Investments, LLC, a Texas limited liability company (the "Owner"), as Seller, to acquire fee simple to a 0.418 acre tract situated in the Gideon Walker Survey, Abstract No. 1330, located in the City of Denton, Denton County, Texas, and being generally located at 781 and 801 South Mayhill Road; for the purchase price of One Hundred Sixty Thousand Dollars and No Cents ($160,000.00), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Municipal Landfill Acquisition Tract)
P. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton, Texas ("City"), as Buyer, and Shiron Investments, LLC, a Texas limited liability company (the "Owner"), as Seller, to acquire fee simple to a 2.141 acre tract situated in the Gideon Walker Survey, Abstract No. 1330, located in the City of Denton, Denton County, Texas, and being generally located at 961 S. Mayhill Road; for the purchase price of Five Hundred Ninety Thousand Dollars and No Cents ($590,000.00), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds therefor; and providing an effective date. (Municipal Landfill Acquisition Tract)
Q. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale between the City of Denton, Texas and Westpark Group, L.P., a Texas Limited Partnership contemplating the purchase by the City of Denton, Texas of an approximate 3.00 acre tract of land situated in the James Perry Survey, Abstract 1040, and the John Davis Survey, Abstract 326, City of Denton, Denton County, Texas, for public purposes; authorizing the City Manager, or his designee, to execute, deliver and accept a Special Warranty Deed, and any other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefore; and providing an effective date.
R. Consider adoption of an ordinance of the City of Denton, Texas, abandoning and vacating an Access Easement (the "Original Easement"), granted by Westpark Group, LP, to the City of Denton, Texas, pursuant to that certain Original Easement, dated December 29, 2006, and recorded as document Number 2007-20897, Real Property Records, Denton County, Texas, said Original Easement encumbering 3.874 acres of land located in the James Perry Survey, Abstract No. 1040, Denton County, Texas, and authorizing the City Manager or his designee to accept an Alternative Access Easement (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between the City of Denton (The "Grantee"), and Westpark Group, LP, A Texas Limited Partnership (The "Grantor"), contemplating the grant by Grantor and acceptance by Grantee of an Alternative Access Easement encumbering a 4.1880 acre tract of land, more or less, for the purchase price of ten and no/100 Dollars ($10.00), said Alternative Access Easement generally located east of Western Boulevard and south of Jim Christal Road, and located in the John Bacon Survey, Abstract No. 1541, and the James Perry Survey, Abstract No. 1040, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date.
S. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of Excess Liability Insurance Coverage for the City of Denton , through the City’s sole broker of record, McGriff, Seibels and Williams of Texas, Inc., and in accordance with Chapter 252.024 of the Texas Local Government Code such coverage is exempt from the requirements of competitive bidding; and providing an effective date (File 5454 awarded to Starr Indemnity in the one (1) year not-to-exceed amount of $208,000 and a three (3) year not-to-exceed amount of $688,480).
T. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of Excess Workers; Compensation Insurance Coverage for the City of Denton, through the City’s sole broker of record, McGriff, Seibels and Williams of Texas, Inc., and in accordance with Chapter 252.024 of the Texas Local Government Code such coverage is exempt from the requirements of competitive bidding; and providing an effective date (File 5455 awarded to Midwest Employers Casualty in the one (1) year not-to-exceed amount of $91,996 and a three (3) year not-to-exceed amount of $304,408).
| 5. | ITEMS FOR INDIVIDUAL CONSIDERATION |
| 6. | PUBLIC HEARINGS |
| 7. | CITIZEN REPORTS |
| 8. | CONCLUDING ITEMS |
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
| ______________________________ CITY SECRETARY |