WORK SESSION BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM
REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, November 19, 2019 at 1:00 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:
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.
A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Receive a presentation from staff regarding public power competitive and financial matters related to a Power Purchase Agreement between the City of Denton, as the seller of power and electric energy services, and Texas Woman’s University, as a buyer of power and electric energy services; discuss, deliberate, and provide direction to staff regarding the same. Consultation with the City’s attorneys regarding legal issues associated with the above matters 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.
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 decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 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 Texas Government Code, Section 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 Sections 551.071-551.086 of the Texas Open Meetings Act.
NOTE: Any item scheduled for formal action at the Regular Meeting may be subject to a motion for reconsideration at any time during the meeting or after the meeting, up until the next succeeding official meeting of the council.
B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting.
A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Sally Cotter, representing Half Pint Children’s Boutique, LLC, from the Downtown Reinvestment Grant Program not to exceed $3,309; and providing for an effective date. The Economic Development Partnership Board recommends approval (10-0).
B. Consider adoption of an Ordinance of the City of Denton releasing, abandoning, and vacating (i) a Public Access Easement granted to the City of Denton by Aaron Baltazar, Ltd., recorded as Instrument No. 2005-142281 in the Real Property Records, Denton County, Texas, and (ii) a Drainage Easement granted to the City of Denton by Aaron Baltazar, Ltd., recorded as Instrument No. 2005-142277 in the Real Property Records, Denton County, Texas; providing for severability and an effective date. (Beall Way Addition - Access and Drainage Easement Abandonment Request)
D. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager or his designee, to execute a contract through the State of Texas Smart Buy Program for the purchase of library print materials as awarded by State of Texas Contract Number 715-M2 Publications, Audiovisual Materials, Books, and Cataloging Services (Prepared Materials Only); providing for the expenditure of funds therefore; and providing an effective date (File 7219 - awarded to Baker & Taylor, LLC, in the not-to-exceed amount of $350,000).
E. Consider approval of the minutes of November 4 and November 5, 2019.
F. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and HR Green, Inc., amending the contract approved by City Council on October 23, 2018, in the not-to-exceed amount of $815,147; said first amendment to provide additional review of development construction projects for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6818 - providing for an additional first amendment expenditure amount not-to-exceed $578,915, with the total contract amount not-to-exceed $1,394,062).
G. Consider adoption of an ordinance of the City of Denton, approving a City co-sponsorship to Bridging Hope Ministries in an amount not to exceed $993 of in-kind services and resources for the 5th Annual Christmas Banquet, which will be held on Sunday, December 1, 2019, from 3:00 p.m. to 5:00 p.m., at the Denton Civic Center; and providing an effective date.
H. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Contract of Sale by and between JoDo Co, LLC and the City, for the sale and purchase of fee simple title of an approximate total of 1.12 acres of land located in the Hiram Cisco Survey, Abstract Number 1184, City and County of Denton, Texas, and also known as 712, 716, and 800 East McKinney Street and 723-725 East Oak Street, for the purchase price of Six Hundred Ten Thousand Dollars and No/100 ($610,000.00); authorizing the expenditure of funds therefor; providing for severability and an effective date.
I. Consider approval of a resolution of the City of Denton authorizing the Mayor to execute a Transit Oriented Development Planning Grant Partnership Agreement with the Denton County Transportation Authority (DCTA), City of Highland Village, City of Lewisville, and Denton County for a grant application to conduct a Transit Oriented Development Study for the Kansas City Southern (KCS) rail corridor; and providing an effective date.
J. Consider adoption of an ordinance of the City of Denton authorizing the expenditure of funds for payments by the City of Denton to the Texas Commission on Environmental Quality for waste disposal fees; and providing an effective date (waste disposal fee in the total amount of $350,000).
K. Consider adoption of an ordinance of the City of Denton, Texas, Nunc pro Tunc, correcting an inadvertent mistake in section 6 of the Second Amendment to the City Attorney’s Employment Agreement approved by City Council on November 5, 2019 by ordinance 2019-2625; authorizing the Mayor to execute a corrected second amendment to the City Attorney’s Employment Agreement; providing for a severability clause; providing for a savings clause and providing an effective date.
5. ITEM(S) FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
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 topics, above posted.
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 15 day of November, 2019 at ___________________
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.