City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, May 5, 2015 1:00 PM Work Session Room & 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, May 5, 2015 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: 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 May 5, 2015. 3. Work Session Reports A. ID 15-156 Receive a report, hold a discussion and give staff direction regarding the request to change the existing park rules Chapter 22-26 and 22-29 of the Code of Ordinances of the City of Denton to prohibit vending, solicitation and the offer to sell items in the park and as well as solicitation of future sales unless the vendor is under contract with the City to offer fitness, athletic or recreation programs; or invited to participate in an activity offered by the Department. B. ID 15-332 Receive a report, hold a discussion and give staff direction regarding City Council priorities for the FY 2015-16 Proposed Budget and Capital Improvement Plan. Attachments: Exhibit 1 Presentation C. ID 15-351 Receive a report, hold a discussion, and give staff direction regarding a proposal of private property tree planting projects from Keep Denton Beautiful (KDB). Attachments: Exhibit 1 - Current Keep Denton Beautiful Tree Programs - AIS backup Exhibit 2 - Tree Code Amendments - Final Exhibit 3 - Budget for KDB Private Property Tree Planting Projects - AIS backup Exhibit 4 - KDB Proposal for Private Property Planting Programs 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. ID 15-360 Deliberations regarding Real Property - Under Texas Government Code Section City of Denton Page 1 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 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 acquisition of real property interests located in the, A. Tomkins Survey, Abstract No. 1246, and the O. S. Brewster Survey, Abstract No. 56, both in Denton County, Texas, generally located in the 1800 block of Bonnie Brae Street, City of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or 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. (Bonnie Brae Road Widening and Improvements Project: Parcel 17, Jones Family Trust [ID 15-361]) B. ID 15-367 Deliberation regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551-071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch Branch Road. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of real property interests referenced above where a public discussion of these legal matters would conflict with the duties of the City’s attorneys to the City of Denton and Denton City Council under the Texas Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. (DME-Masch Branch Switch Station) [ID 15-371] C. ID 15-377 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the potential exchange and/or sale of certain real property interests regarding a 1.6598 acre tract located in the Robert Beaumont Survey, Abstract Number 31 and a 0.3278 acre tract located in the N.H. Meisenhamer Survey, Abstract Number 810, both in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential proceedings against 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. (North Lakes Park - excess property below south dam area) [ID 15-378] City of Denton Page 2 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 D. ID 15-376 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. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings 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 incentive 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. E. ID 15-302 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Receive a presentation from Denton Municipal Electric (DME) staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide staff with direction. F. ID 15-168 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a further briefing and presentation from Denton Municipal Electric (“DME”) staff regarding certain public power competitive, financial and commercial information regarding the proposed Collaboration Agreement which pertains to DME’s establishment of a high voltage direct current (HVDC) interconnection with another electric transmission service company utilizing the latest in power grid technology that would provide DME the opportunity to acquire additional renewable energy and other electric power products for its energy portfolio. Consultation with the City’s attorneys regarding legal issues associated with the proposed Collaboration Agreement and the implementation of the HVDC interconnection 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 City of Denton Page 3 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 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. Discuss, deliberate, provide staff with direction and consider final action and approval of the Collaboration Agreement. G. ID 15-363 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a briefing and presentation from Denton Municipal Electric (“DME”) staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed Professional Services Agreement (the “Agreement”) by and between the City of Denton, Texas and Burns & McDonnell Engineering Company, Inc., Kansas City. Missouri, regarding contractual matters that deal with plans, studies, proposals and analyses for system improvements to the Denton Municipal Electric system, said Agreement being in the not-to-exceed amount of $264,648. Consultation with the City’s attorneys regarding legal issues associated with the Agreement 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. Discuss, deliberate, provide staff with direction, approve and take final action on said Agreement. H. ID 15-364 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a briefing and presentation from Denton Municipal Electric (“DME”) staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed three-year Professional Services Agreement (the “Agreement”) by and between the City of Denton, Texas and Teague Nall & Perkins, Inc. regarding contractual matters that deal with plans, studies, proposals and analyses for system improvements to the Denton Municipal Electric system, said Agreement being in the not-to-exceed amount of $450,000. Consultation with the City’s attorneys regarding legal issues associated with the Agreement 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. Discuss, deliberate, provide staff with direction, approve and take final action on said Agreement. I. ID 15-375 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City of Denton Page 4 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed extension to moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen’s initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. J. ID 15-394 Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Attorney, Municipal Court Judge, and City Manager. K. ID 15-400 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. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Project Ranger One (Denton-Tarrant PRW, LLC). This discussion shall include commercial and financial information the City Council has received from Project Ranger One 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 incentive 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. L. ID 15-401 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. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Madison Partners. This discussion shall include commercial and financial information the City Council has received from Madison Partners which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and City of Denton Page 5 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive 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. 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. ID 15-246 National Day of Prayer B. ID 15-250 Bike Month C. ID 15-292 Shelter Thy Neighbor Week D. ID 15-384 Children’s Mental Health Awareness Day E. ID 15-402 Arson Awareness Week 3. 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – S). 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 – S below will be approved with one motion. If items are pulled for City of Denton Page 6 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 15-136 Consider adoption of an ordinance approving an Encroachment Agreement between the City of Denton, Texas, and RLB Investment Partners, LLC, to allow a deck and related appurtenances to be located within existing City easements on and near 321 W. Hickory St.; and declaring an effective date. Attachments: Exhibit 1 - Location Map Exhibit 2 - Site Map Exhibit 3 - PUB minutes Exhibit 4 - Ordinance B. ID 15-312 Consider adoption of an ordinance approving the expenditure of funds for the purchase of LON GON Odor Control for the City of Denton Landfill which is available from only one source in accordance with Texas Local Government Code 252.022, such purchases are exempt from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 5786-awarded to Enviro Chemical Research in the three (3) year not-to-exceed amount of $450,000). The Public Utilities Board recommends approval (7-0). Attachments: Exhibit 1-Staff Memo Exhibit 2-Sole Source Letter Exhibit 3-PUB Minutes Exhibit 4-Ordinance Exhibit 5-Contract C. ID 15-352 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) skid steer loaders for the City of Denton Solid Waste and Wastewater Collections departments; and providing an effective date (File 5813 awarded to Bobcat Company in the amount of $152,722.74). The Public Utilities Board recommends approval (4-0). Attachments: Exhibit 1 SW Comparison and Quotes Exhibit 2 WC Comparison and Quotes Exhibit 3 Bobcat Standardization Memo Exhibit 4 PUB Minutes Exhibit 5 Ordinance D. ID 15-353 Consider adoption of an ordinance providing for the expenditure of funds for the emergency cleaning of the Lake Ray Roberts Water Treatment Plant Supply Pipeline in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 5684-awarded to Archer Western Construction, LLC in the amount of $265,818.12 and File 5711 awarded to Clean-Co Systems, Inc. in the amount of $224,493.10). The Public Utilities Board recommends approval (4-0). City of Denton Page 7 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 Attachments: Exhibit 1-PUB Agenda Sheet Exhibit 2-Emergency Declaration approval Exhibit 3-Archer Western Contract Exhibit 4-Ray Roberts ManWay Map Exhibit 5-Clean-Co Systems Contract Exhibit 6-Hydro Blasting.Brochure Exhibit 7-PUB Minutes Exhibit 8-Ordinance E. ID 15-354 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Lake Ray Roberts Water Treatment Plant Equipment Storage Building; providing for the expenditure of funds therefor; and providing an effective date (RFP 5783-awarded to Caliber Construction, Inc. in the amount of $138,040). The Public Utilities Board recommends approval (4-0). Attachments: Exhibit 1-Evaluation and Ranking sheet Exhibit 2-PUB Minutes Exhibit 3-Ordinance F. ID 15-355 Consider adoption of an ordinance approving the expenditure of funds for the purchase of three (3) year software maintenance for continued vendor support for Harris Public Utility Billing System and associated software modules, implementation of data transfer with Exceleron for utility prepay, and implementation of the core automation suite, 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 4735-awarded to Harris Computer Systems, Inc. in the three (3) year not-to-exceed amount of $700,000). Attachments: Exhibit 1-Maintenance Quote.pdf Exhibit 2-Sole Source Letter.pdf Exhibit 3-Ordinance.pdf G. ID 15-356 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the acquisition of maintenance, repair, and operations supplies including hand tools, personal safety equipment, and supplies used by the City’s field personnel, for the City of Denton Distribution Center; providing for the expenditure of funds therefore; and providing an effective date (File 5811-awarded to Fastenal Company in the three (3) year not-to-exceed amount of $600,000). Attachments: Exhibit 1-Pricing Exhibit 2-Ordinance Exhibit 3-Contract H. ID 15-357 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the City of Denton Pecan Interceptor III project; providing for the expenditure of funds therefor; and providing an City of Denton Page 8 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 effective date (Bid 5767-awarded to the lowest responsible bidder meeting specification, William J Schultz Inc. dba Circle C Construction Company in the amount of $2,928,637). The Public Utilities Board recommends approval (4-0). Attachments: Exhibit 1-Location Map Exhibit 2-Bid Tabulation Exhibit 3-PUB Minutes Exhibit 4-Ordinance I. ID 15-358 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of medium duty trucks for the City of Denton; and providing an effective date (RFP 5762-awarded to Grapevine DCJ, LLC in the three (3) year not-to-exceed amount of $1,743,826). Attachments: Exhibit 1-Evaluation and Ranking Exhibit 2-Fleet Memo Exhibit 3-Ordinance Exhibit 4-Contract J. ID 15-359 Consider adoption of an ordinance of the City of Denton authorizing an agreement by and between the City of Denton, Texas and Robson Denton Development, L.P. for the provision of water services, providing for the expenditure of funds therefor; providing an effective date. The Public Utilities Board recommends approval (7-0). Attachments: Exhibit 1 Location Map Exhibit 2 Memorandum of Understanding Exhibit 3 Water Impact Fee Zones Exhibit 4 Ordinance and Agreement K. ID 15-371 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to accept a counteroffer from McKee- Krum Properties, LLC, for the purchase by the City of a 15.037 acre tract located in the J. Haney Survey, Abstract No. 515, Denton, Denton County, Texas, generally located south of FM 1173 and east of Masch Branch Road, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, including substations and switch stations, for the price of $250,000.00; authorizing the expenditure of funds; and, providing an effective date. (DME Masch Branch Switch Station) [ID 15-367] Attachments: Exhibit 1 Survey Exhibit 2 Map Exhibit 3 Ordinance L. ID 15-373 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 (4-1). City of Denton Page 9 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 Attachments: Exhibit 1 - Draft Schedule of Fees Exhibit 2 - Excerpt of April 6 2015 Park Board Minutes - Schedule of Fees Exhibit 3 - Proposed Ordinance M. ID 15-378 Consider adoption of an ordinance of the City of Denton, Texas approving the sale of an approximate 1.6598 acre of designated City park land situated in the R. Beaumont Survey, Abstract No. 31, to the successful proposer, SSR Group, LP, a Texas limited partnership, for the total consideration of $658,100.00 consisting of both cash and real property; authorizing the City Manager in accordance with Texas Local Government Code 253.001 to execute a deed to SSR Group, LP, together with any other documents necessary to sell and convey said real property; and providing an effective date (RFP 5614-Sale of Real Property). Attachments: Exhibit 1-Appraisal Letter Exhibit 2-North Lakes Park Location Map Exhibit 3-Ordinance with Contract N. ID 15-399 Consider adoption of an ordinance authorizing the City Manager to execute an Donation Agreement with the City of Múzquiz, a political subdivision of the Free and Sovereign State of Coahuila, Mexico in compliance with City of Denton Ordinance 2008-11; authorizing the donation of Police and Fire Equipment to the City of Múzquiz; authorizing the donation of the equipment with an estimated value greater than Five Hundred Dollars ($500); and providing an effective date (File 5824-Donation Agreement with the City of Múzquiz). Attachments: Exhibit 1 Ordinance and Agreement O. ID 15-396 Consider adoption of an ordinance approving a salary increase for Anita Burgess, City Attorney, under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Attachments: Exhibit 1 Ordinance P. ID 15-397 Consider adoption of an ordinance approving a salary increase for George C. Campbell, City Manager, under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Attachments: Exhibit 1 Ordinance Q. ID 15-403 Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay, Municipal Judge, under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Attachments: Exhibit 1 Ordinance R. ID 15-404 Consider adoption of an ordinance extending an employment agreement for the City Manager; amending Sections 3, 5 and 6 of said agreement; authorizing the Mayor to execute said agreement; and authorizing expenditures and actions. City of Denton Page 10 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 Attachments: Exhibit 1 Ordinance Exhibit 2 Employment Agreement S. ID 15-405 Consider adoption of an ordinance extending an employment agreement for the City Attorney; amending Sections 3, 5 and 6 of said agreement; authorizing the Mayor to execute said agreement; and authorizing expenditures and actions. Attachments: Exhibit 1 Ordinance Exhibit 2 Employment Agreement 4. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 15-361 Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of an approximate 1.28 acre of real property, (ii) a utility slope easement encumbering 0.244 acre of real property, (iii) a temporary construction, grading and access easement, encumbering 1.29 acre of real property; (iv) a slope easement encumbering 0.04 acre of real property, (v) a drainage easement encumbering 0.04 acre of real property, (vi) a sanitary sewer easement encumbering 0.65 acre of real property, (vii) a utility drainage easement encumbering 0.01 acre of real property, and (viii) a temporary access easement encumbering 1.11 acre of real property; for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway located in the City of Denton, Texas, generally located in the 1800 block of N. Bonnie Brae Street, and situated in the A. Tompkins Survey, Abstract No. 1246 and the O. S. Brewster Survey, Abstract No. 56, City of Denton, Denton County, Texas, as more particularly described on “Exhibit “A”, attached thereto and made a part thereof, (collectively the “Property Interests”); authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Bonnie Brae Road Widening and Improvements Project: Parcel 17, Jones Family Trust) Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. SI15-0011 Consider adoption of an ordinance of the City of Denton, Texas, on first reading, confirming and approving a Boundary Adjustment Agreement, with the City of Corinth, Texas, adjusting a mutual boundary of the cities not exceeding 1,000 feet; providing for severability; and providing an effective date. Attachments: Exhibit 1 Letter from Applicant Exhibit 2 Approved Detail Plan Exhibit 3 Revised City Limits Line Exhibit 4 Boundary Adjustment Agreement Exhibit 5 Ordinance City of Denton Page 11 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 B. ID 15-347 Consider approval of a resolution appointing a member of the Board of Directors of Texas Municipal Power Agency, a Joint Powers Agency representing the City of Denton, Texas; and declaring an effective date. Attachments: Exhibit 1 Letter from TMPA Exhibit 2 Resolution 6. PUBLIC HEARINGS A. HL15-0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 1109 West Congress Street, legally known as Lot 2 (all), Lot 6 (n25’ of w75’), Block 4 of the High School Addition, as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (7-0). Attachments: Exhibit 1 - Staff Analysis Exhibit 2 - Location Map Exhibit 3 - Application Exhibit 4 - Notification Map and Responses Exhibit 5 - Site Photos Exhibit 6 - March 9, 2015 HLC Meeting Minutes Exhibit 7 - April 8, 2015 P&Z Draft Meeting Minutes Exhibit 8 - Ordinance B. HL15-0006 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 923 West Oak Street, legally known as Tract 17, A.E. Pulchalski Survey, Abstract No. 996, as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (7-0). Attachments: Exhibit 1 - Staff Analysis Exhibit 2 - Location Map Exhibit 3 - Application Exhibit 4 - Notification Map and Responses Exhibit 5 - Site Photos Exhibit 6 - April 13, 2015 Draft HLC Meeting Minutes Exhibit 7 - April 22, 2015 Draft P&Z Meeting Minutes Exhibit 8 - Ordinance C. HL15-0012 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 1011 West Oak Street, legally known as Tract 22, A.E. Pulchalski Survey, Abstract No. 996, as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective City of Denton Page 12 Printed on 5/1/2015 City Council Meeting Agenda May 5, 2015 date. The Planning and Zoning Commission recommends approval (7-0). Attachments: Exhibit 1 - Staff Analysis 2 Exhibit 2 - Location Map Exhibit 3 - Application Exhibit 4 - Notification Map and Responses Exhibit 5 - Site Photos Exhibit 6- April 13, 2015 HLC Draft Meeting Minutes Exhibit 7 - April 22, 2015 P & Z Draft Meeting Minutes Exhibit 8 - Ordinance 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: A. ID 15-383 Willie Hudspeth regarding Southeast Denton issues. 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 of Closed Meeting topics, above posted. CERTIFICATE 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 ___________________, 2015 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. City of Denton Page 13 Printed on 5/1/2015