City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, June 10, 2014 3:00 PM Work Session Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a 2nd Tuesday Session on Tuesday, June 10, 2014 at 3:00 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: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday Session are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Work Session Reports A. ID 14-0227 Receive a report and hold a discussion regarding City of Denton innovation initiatives including suggested project ideas from the City’s 2014 Leadership Excellence and Enhancement Program (LEEP). Attachments: Exhibit 1 - PowerPoint Slides - "Destination Denton?" Exhibit 2 - PowerPoint slides - "Catching Fire: The Spark to Ignite Organizational Excellence" B. ID 14-0223 Receive a report and hold a discussion regarding Ethics matters impacting municipal elected officials, including Ethics provisions unique to the City of Denton. Attachments: Exhibit 1 Enabling Legislation Exhibit 2 Power Point C. 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, City of Denton Page 1 Printed on 6/6/2014 City Council Meeting Agenda June 10, 2014 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. Following the completion of the 2nd Tuesday 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. ID 14-0214 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the David Hough Survey, Abstract Number 646, located generally in the 3900 block of Quailcreek Road, 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: Parcel M139 - Robert Donnelly) B. ID 14-0219 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 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 M.E.P. & P.R.R. Survey, Abstract No. 927, City of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, north of Paisley Street. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P21 & P22 - Singing Oaks Church of City of Denton Page 2 Printed on 6/6/2014 City Council Meeting Agenda June 10, 2014 Christ) [ID14-0220] C. ID 14-0263 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. 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 100 and in the 300 block of East McKinney Street, City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition 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. D. ID 14-0264 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; 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. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests located in the 200 block of West McKinney Street, in the City of Denton, Denton, Texas. Receive a report and hold a discussion regarding legal and economic development issues regarding economic development incentives for a business prospect in the Downtown TIF. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City 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. Also hold a discussion with the City’s attorneys on the referenced topic where 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. Following the completion of the Closed Meeting, the Council will convene in a Special Called Session to consider the following: A. ID 14-0220 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute the Easement Purchase Agreement (therein so called), as attached to the ordinance and made a part thereof as Attachment 1, by and between Singing Oaks Church of Christ of Denton, a Texas Nonprofit Corporation (the “Owner”), and the City of Denton (the “City”), regarding the sale by Owner and purchase by the City of two Electric Utility Easements encumbering a 3.5624 and a 2.0203 acre tract of land, and a Temporary Construction Easement encumbering a 1.1283 acre tract of land (the “Property Interests”), being generally situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, City of Denton, Denton City of Denton Page 3 Printed on 6/6/2014 City Council Meeting Agenda June 10, 2014 County, Texas more particularly described in Exhibits “A-1”, “A-2”, and “A-3”, and Depicted in Exhibits “B-1”, “B-2”, and “B-3”, respectively; the electric Utility Easements to be used and utilized for the public use of expansion, construction, maintenance, augmentation, operation, and improvement of Electric Transmission and Distribution lines, facilities, and structures, and the Temporary Construction Easement to be used and utilized for the purpose of access, staging of materials and equipment, construction and grading activities relating to the DME Expansion project (therein the “DME Expansion Project”), for the purchase price of Seven Hundred Twenty Five Thousand Dollars and No Cents ($725,000.00), authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P21 & P22 - Singing Oaks Church of Christ) Attachments: Exhibit 1 Singing Oaks Church of Christ Location Map Exhibit 2 Ordinance - Singing Oaks Church of Christ B. ID 14-0265 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale by and between Dr. Edward F. Wolski, as owner, and the City of Denton, Texas, as buyer, to acquire fee simple to a 10.070-acre tract located in the J.S. Collard Survey, Abstract No. 297, in the City of Denton, Denton County, Texas, generally located north of Riney Road and east of Bonnie Brae Drive, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations, for the purchase price of One Million Two Hundred Fifty Eight Thousand Nine Hundred Twenty Three Dollars and Twenty Cents ($1,258,923.20), and other consideration, as prescribed in the Contract of Sale as described in the ordinance as attached as Exhibit One; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Wolski Counteroffer Ordinance w Contract C. ID 14-0266 Consider approval of a resolution confirming the appointment of Ross Chadwick as Interim Fire Chief of the City of Denton Fire Department; and declaring an effective date. Attachments: Exhibit 1 - Resolution C E R T I F I CAT 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 ___________________, 2014 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM 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. City of Denton Page 4 Printed on 6/6/2014 City Council Meeting Agenda June 10, 2014 City of Denton Page 5 Printed on 6/6/2014