Click here for Agenda Backup

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.

A.	Consultation with Attorney - Under Texas Government Code Section 551.071

1.	Consultation with the City’s attorneys regarding legal advice concerning Agenda Item 6.A. 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 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 Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1.

Receive a presentation from Denton Municipal Electric ("DME") staff regarding public power utility competitive, financial and commercial matters pertaining to Texas Municipal Power Agency, a Joint Powers Agency ("TMPA"), being a generation resource owned in common by the City of Denton, Texas, which holds a 21.3% interest in the same; including without limitation, plans, proposals, possible revisions to the power sales contract, system improvements, fuel contracting, other contracting issues, the fixed and variable costs of operation of the generation unit, and capital improvement plans for the TMPA generation unit. Discuss, deliberate and provide staff with direction.

C.	Deliberations regarding Real Property - Under Texas Government Code Section 551.072; and 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 in the M.E.P. & P.R.R. Survey, Abstract No. 1475, and the Mary Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, and located generally running north from the Spencer Electric Substations to McKinney Street. 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 acquisition of real property interests located (1) in the in the O.S. Brewster Survey, Abstract No. 56, located generally in the 1700 block of South Bonnie Brae Street; and (2) in the A. Tompkins Survey, Abstract Number 1246, Denton County, Texas, located generally in the 1800 block of South Bonnie Brae Street, all property interests within 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 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 proceedings or potential litigation. (Bonnie Brae Street Widening and Improvements project)

4.

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, City of Denton, Denton County, Texas, and located generally in the 2100 block of South Mayhill Road. 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)

D.	Deliberation regarding personnel matters - Under Texas Government Code Section 551.074.

1.	Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, and City Manager.

A.

U.S. Flag

B.	Texas Flag

A.	Proclamations/Awards

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

A.	Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2012-268, prescribing the number of positions in each classification of Police Officer; providing a repealer clause; and declaring an effective date.

B.	Consider approval of a resolution of the City Council of the City of Denton to form a Regional Law Enforcement Mutual Aid Task Force Agreement with other area law enforcement agencies for the purpose of providing and receiving law enforcement assistance; and providing an effective date.

C.

Consider adoption of an ordinance accepting competitive proposals and awarding public works contract for the supply and installation of a Prefabricated Communications Shelter for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5343-awarded to GFRC Shelters in the not-to-exceed amount of $119,637. The Public Utilities Board recommends approval (6-0).

D.

Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2013-2014 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Capital Improvement Program of one million seven hundred and fifty thousand dollars ($1,750,000), increasing appropriations from $323,657,313 to $325,407,313, to provide for costs associated with Phase I of the Taxilane Quebec Hanger Development Project for the City’s Airport; declaring a municipal purpose; providing a severability clause; an open meetings clause; and providing for an effective date.

E.

Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the Airport Fund with Certificates of Obligation with an aggregate maximum principal amount not to exceed to $1,750,000 to allow for engineering and construction services for Phase I of the Taxilane Quebec Hanger Development Project; and providing an effective date.

F.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for Aviation Engineering and Consulting Services for the City of Denton Enterprise Airport with Aguirre Roden, Inc. in an amount not-to-exceed $272,804; providing for the expenditure of funds therefor; and providing an effective date (File 5357-awarded to Aguirre Roden, Inc.).

G.

Consider adoption  of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to a Professional Services Agreement for Engineering Services by and between the City of Denton, Texas and Black & Veatch Corporation, for Electric Engineering Services relating to the Arco Substation as well as other Denton Municipal Electric projects; authorizing the expenditure of funds therefor; providing an effective date (File 5089 in the additional amount of not-to-exceed $781,400; aggregating a total not-to-exceed $1,345,400). The Public Utilities Board recommends approval (6-0).

H.

Consider adoption of an ordinance accepting competitive proposals and awarding an initial one (1) year contract with the option to extend for four (4) additional one (1) year periods for Individual and Aggregate Stop Loss Insurance for the City of Denton’s Self-Funded Health Benefits Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 5425-Individual and Aggregate Stop Loss Insurance for the City of Denton awarded to UnitedHealthcare Insurance Company, in the annual estimated amount of $1,074,789.48 for a five (5) year estimated expenditure of $5,373,947.40).

I.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute the First Amendment to a Contract by and between the City of Denton, Texas, and Open Systems International, Inc. (OSI) regarding a Licensing Agreement for the Electric Reliability Council of Texas (ERCOT) Market Interface, which is available from only one source, and is exempt from the requirements of competitive bidding under the provisions of Section 252.022, Texas Local Government Code, for software relating to bidding and pricing information for purchased power, generation and fuel, and ERCOT bids, price, offers, and related services for purposes of supporting the Energy Management Operation of Denton Municipal Electric (DME); providing for the expenditure of funds therefor; providing an effective date (File 4074-awarded to Open Systems International, Inc. in the additional not-to-exceed amount of $301,240, aggregating a total amount not-to-exceed $504,659). The Public Utilities Board recommends approval (6-0).

J.

Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on both sides of Fry Street from its intersection with Oak Street to its intersection with Scripture Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date..  The Traffic Safety Commission recommends approval (5-0).

K.

Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving a Memorandum of Understanding by and between the City of Denton, Texas and Mesquoakee, LLC, a Texas limited liability company for the provision of electric services for the development known commonly as the Hills of Denton; providing the City Manager with authority to perform said Memorandum of Understanding and to expend funds as necessary; providing for an effective date. The Public Utilities Board recommends approval (6-0).

L.

Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving the third extension to the agreement by and between the City of Denton, Texas and Denton 288, L.P. for the Provision of Sanitary Sewer and Water Facilities" originally entered into on the 5th day of June, 2007, said third extension being entered into by the City and MESQUOAKEE, LLC., the present owner of record of the affected realty; providing the City Manager with authority to perform said third extension and to expend funds as necessary; providing for retroactive confirmation and approval thereof.  The Public Utilities Board recommends approval (6-0).

M.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute Amendment No. 3 to Tower Lease, by and between the City of Denton, Texas and Dallas, MTA, L.P., d/b/a/ Verizon Wireless respecting certain tower space on the McKenna Park Tower; providing for the expenditure of funds therefor; providing for an effective date.  The Public Utilities Board recommends approval (6-0).

N.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to surrender to DRP Country Lakes, LLC that certain irrevocable standby letter of credit dated October 1, 2009 drawn on J.P. Morgan Chase Bank in the amount of $176,143.93 in which Wynne/Jackson Lakes Development, L.P. is the applicant and the City of Denton, Texas is the beneficiary; and further releasing DRP Country Lakes, LLC, a successor real property owner to Wynne/Jackson Lakes Development, L.P. from any financial obligation regarding that certain letter agreement dated December 29, 2000 by and between the City of Denton and Wynne/Jackson Lakes Development, L.P.; authorizing the acceptance of a replacement irrevocable standby letter of credit from the present owner of that certain real property being generally  known as Country Lakes, in the City of Denton, Texas, Bloomfield Homes, L.P., in the amount of $176,143.93; providing an effective date.

O.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute an Easement Purchase and Abandonment Agreement (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Terrano Realty, Inc., a Texas corporation (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of three easements consisting of 4.499, 0.223, and 2.339 acres, respectively, being situated in the M.E.P. & P.R.R. Survey, Abstract No. 1475, and the Mary Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, located generally running north from the Spencer Electric Substations to McKinney Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures (herein, the "Project"), for the combined purchase price of Four Hundred Fifty Four Thousand Two Hundred Forty Three and No/100 Dollars ($454,243.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Easement Purchase and Abandonment Agreement; authorizing the expenditure of funds, therefor; and providing an effective date.  (69kV Transmission Line Re-build Project)  The Public Utilities Board recommends approval (6-0).

P.	Consider approval of the minutes of: October 1, 2013 October 7, 2013 October 14, 2013       October 15, 2013 October 22, 2013 October 29, 2013 November 4, 2013 November 5, 2013

Q.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of two (2) NP3231 8-inch pumps for the City of Denton Cooper Creek Pump Station, which are 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 5431 awarded to Xylem Water Solutions USA, Inc. in the not-to-exceed amount of $62,741.35).  The Public Utilities Board recommends approval (6-0).

A.

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 to the surface estate, with waiver of surface use related to the mineral estate, of a 0.08 acre tract, (ii) a utility and slope easement, encumbering 0.03 acre, (iii) a slope easement, encumbering 0.01 acre; and (IV) a temporary construction, grading and access easement, encumbering 0.01 acre, 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 South Bonnie Brae Street and situated in the A. Tompkins Survey, Abstract No. 1246, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A", attached to the ordinance 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 therefor; making findings; providing a savings clause; and providing an effective date. (Parcel 18 - Thomas - Bonnie Brae Widening and Improvements project)

A.

Hold a public hearing and reconsider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 2 (NR-2) zoning district and land use designation to a Neighborhood Residential 3 (NR-3) zoning district and use classification on approximately 75.3 acres of land located on the south of Ryan Road, north of the Kansas City Southern Railroad, approximately 950 feet east of FM1830 and approximately 800 feet west of Forrestridge Drive, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date (Z13-0006, Kelsoe Tract). The Planning and Zoning Commission recommends approval (6-1).  The City Council previously denied (3-3).

B.

Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending Subchapter 22 of the Denton Development Code, pertaining to certain definitions and to the sequence of permits necessary for construction, drilling, and production activities; providing a cumulative clause; providing a severability clause; providing for a penalty; and an effective date.  The Planning and Zoning Commission recommends approval (7-0).  (DCA13-0003)

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

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.