HomeMy WebLinkAboutOctober 20, 2009 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
October 20, 2009
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, October 20, 2009 at 4:00 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:
WORK SESSION
1.Requests for clarification of agenda items listed on the agenda for October 20, 2009.
2.Receive a report, hold a discussion and give staff direction on the City of Denton’s
property tax exemption for designated historic sites.
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. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. 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, as set forth below.
CLOSED MEETING
1.Closed Meeting:
A. Deliberations regarding Real Property – Under Texas Government Code Section
551.072 and; Consultation with the City’s Attorneys – Under Texas Government
Code Section 551.071.
1. Discuss, deliberate, consider, receive information from Staff, and provide
Staff with direction pertaining to the possible valuation issues respecting
the possible sale and disposal of real property tracts within the Hiram
Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas,
and receipt of legal advice for legal issues related thereto. (Facilities
Management)
B. 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.
1. Discuss and deliberate the status of pending mediation efforts regarding
several public power issues involved with the Texas Municipal Power
Agency litigation described below and receive a briefing from a City
representative. Receive a briefing and status report from the City’s
attorneys regarding the litigation entitled Ex Parte Texas Municipal Power
th
Agency,Cause No. D-1-GN-08-003426, pending in the 126 Judicial
District Court in and for Travis County, Texas; as well as Ex Parte Texas
st
Municipal Power Agency – II, Cause No.D-1-GN-08-003693, in the 261
Judicial District Court in and for Travis County, Texas; and the Texas
Municipal Power Agency,Plaintiff v. City of Bryan, Texas,Defendant,
City of Denton City Council Agenda
October 20, 2009
Page 2
Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and
City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now
th
pending in the 506 Judicial District Court in and for Grimes County,
Texas. Discuss and deliberate and provide the attorneys with direction. c
public discussion of these legal matters 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.
C Deliberations regarding Real Property – Under Texas Government Code Section
551.072; Consultation with Attorney – Under Texas Government Code Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff ith
direction pertaining to the grant of property within the Denton Rail
Corridor to the DART, the limits of said corridor being all that certain lot,
tract or parcel of land described in that certain Quitclaim Deed from
Missouri Pacific Railroad Company to the City of Denton, Texas dated
August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485
in the Real Property Records of Denton County, Texas; and also being that
same property described in that certain Correction Quitclaim Deed, dated
June 1, 2001 and filed for record in the Real Property Records of Denton
County, Texas as Volume 4857, Page 020211 where such deliberation in
an open meeting would have a detrimental effect on the position of the
City Council in negotiations with DCTA. Consultation with the City’s
attorneys regarding legal issues associated with the granting of said
property above described where a public discussion of these legal matters
would clearly 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.
D. Consultation with Attorney – Under Texas Government Code Section 551.071.
1. Consult with the City’s attorneys to discuss status and possible settlement
of pending litigation styled City of Denton v. Reichmann Petroleum
Corporation, Case No. 06-20804, currently pending in the United States
Bankruptcy Court, Southern District of Texas, Corpus Christi Division.
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.
City of Denton City Council Agenda
October 20, 2009
Page 3
Regular Meeting of the City of Denton City Council on Tuesday, October 20, 2009 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:
REGULAR MEETING
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
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. 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 – J). 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 – J 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 accepting competitive bids and awarding an
annual contract for the purchase of RCP Pipe and Concrete Box Culverts for
various City departments; providing for the expenditure of funds therefor; and
providing an effective date (Bid 4384–Annual Contract for RCP Pipe and
Concrete Box Culverts awarded to the lowest responsible bidder meeting
specification for each section in the annual estimated amount of $125,000). The
Public Utilities Board recommends approval (4-0).
B.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Houston-
Galveston Area Council (H-GAC) and Buy Board Cooperative Purchasing
Network, for the acquisition of twelve vehicle and equipment items for the City of
Denton General Fund Departments by way of an Interlocal Agreement with the
City of Denton; and providing an effective date (File 4422–Interlocal Agreement
for the purchase of General Fund Vehicles and Equipment awarded to multiple
vendors as listed on Exhibit A in the amount of $628,651).
City of Denton City Council Agenda
October 20, 2009
Page 4
C.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Houston-
Galveston Area Council (H-GAC) and Buy Board Cooperative Purchasing
Network for the acquisition of ten vehicle and equipment items for the City of
Denton Utility Fund Departments by way of an Interlocal Agreement with the
City of Denton; and providing an effective date (File 4423–Interlocal Agreement
for the purchase of Utility Fund Vehicles and Equipment awarded to multiple
vendors as listed on Exhibit A in the amount of $366,628). The Public Utilities
Board recommends approval (4-0).
D.Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement with Solutient Geosciences, Inc. for performing
Professional Hydrogeological Consulting and Analytical Services regarding the
City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A);
authorizing the expenditure of funds therefor; providing for retroactive ratification
and approval thereof; and providing an effective date (File 4416 in an amount not
to exceed $161,681.90). The Public Utilities Board recommends approval (4-0).
E.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
expenditure of funds for payments by the City of Denton for electrical energy
transmission fees to those cities and utilities providing energy transmission
services to the City of Denton; and providing an effective date (File 4424–2009
Electrical Energy Transmission fees in the total amount of $1,283,904.97). The
Public Utilities Board recommends approval (4-0).
F.Consider approval of the minutes of:
September 22, 2009
October 5, 2009
October 6, 2009-Leadership Team
G.Consider adoption of an ordinance approving a Notice of Site Restriction upon a
13.12 acre tract located within a portion of Lot 2, Block 2, Municipal Utility
Addition, an addition to the City of Denton, recorded as a plat under Document
Number 2009-139, Real Property Records, Denton County, Texas; and providing
an effective date. (Denton Municipal Electric - Spencer Road Site)
H.Consider approval of the Parks, Recreation and Beautification Board’s
recommendation to accept the public art donation by the Denton Festival
Foundation, Inc. of two bronze sculptures titled Oh, Be Joyful. The Parks,
Recreation and Beautification Board recommends approval (4-0).
I.Consider approval of the Parks, Recreation and Beautification Board’s
recommendation to accept the donation of two black and white photographs from
Burt and Missy Finger, owners of the Photographs Do Not Bend Gallery. The
Parks, Recreation and Beautification Board recommends approval (4-0).
City of Denton City Council Agenda
October 20, 2009
Page 5
J.Consider approval of the Parks, Recreation and Beautification Board’s
recommendation to accept Ms. Millie Giles’ donation of two watercolor paintings
by Rob Erdle. The Parks, Recreation and Beautification Board recommends
approval (4-0).
4. ITEMS FOR INDIVIDUAL CONSIDERATION
Tabled
A. – Consider adoption of an ordinance of the City of Denton, Texas
approving an interlocal cooperation agreement and granting an easement to the
DCTA on the Denton Branch Rail Trail for the purpose of building a public
commuter rail line; and declaring an effective date. The Mobility Committee
(Tabled from March 3, 2009)
recommends approval (3-0).
B.Consider adoption of an ordinance authorizing the City Manager or his designee
to execute a Real Estate Contract by and between the City of Denton Texas and
CAPFinancial Properties CV1, LLC a Delaware Limited Liability Company, and
any other documents and conveyances that are necessary to acquire an
approximate 15.85 acre tract of real property in the T.M. Downing Survey,
Abstract Number 346, Denton County, Texas, being located approximately 1,700
feet north of McKinney Street on the east side of Audra Lane, and being the lands
conveyed to CAPFinancial Properties CV1, LLC, by deed recorded in County
Clerk’s File Number 2009-13562, Real Property Records, Denton County, Texas;
authorizing the expenditure of funds therefor; and providing an effective date.
(Municipal Purposes)
C.Consider the appointment of a voting and alternate voting delegate to the National
League of Cities Annual Business Meeting.
D.Consider nominations/appointments to:
1. Historic Landmark Commission
E.Citizen Reports
1.Review of procedures for addressing the City Council.
2.Receive citizen reports from the following:
a.Christine Elling regarding the condition of Buena Vista Street.
b.Sara Marotto with the Oaks of Montecito regarding their easement,
flooding, drainage, dead trees and investment properties.
c.Richard Gonzalez regarding permit prices of advertisement signs and
banners.
d.Sarah Richey regarding the bicycle/pedestrian lane on Pennsylvania
Drive.
F. 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
City of Denton City Council Agenda
October 20, 2009
Page 6
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.
G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
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 ___________________, 2009 at ________o'clock
(a.m.) (p.m.)
__________________________________________
CITYSECRETARY
NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN
ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL
PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF
REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING.
PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE
TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY-
TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE
CITYSECRETARY’SOFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009
DEPARTMENT:
Finance
ACM:
Jon Fortune
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion and give staff direction on the
exemption for designated historic sites.
BACKGROUND
In 1987, the City Council approved an ordinance (No. 87-189) providing for a partial tax
exemption for designated historic sites. The ordinance specified that any property which was a
designated historic site on the first day of January for any year beginning with 1989 and
extending to and including 1998, would receive an exemption of fifty percent (50%) of the
assessed value from the City of Denton. The exemption was applicable for a maximum of ten
(10) successive years, beginning with the first year the property is entitled to the exemption.
In 1998, the City Council approved an ordinance (No. 98-110) providing for a continuation of
the qualification period for partial tax exemptions to the year 2008 and providing owners that
qualify for a designated historic site fifteen (15) years of partial tax exemption. The ordinance
specified that any property which is a designated historic site on the first day of January for any
year beginning 1989 and extending to and including 2008, would receive an exemption of fifty
percent (50%) of the assessed value from the City of Denton. The exemption was applicable for
a maximum of fifteen (15) successive years, beginning with the first year the property is entitled
to the exemption.
the assessed value of a structure or archeological site and the land necessary for access to and use
historical site by either the Texas Historic Landmark Commission under applicable State law or
pursuant to an ordinance or other law adopted by the governing body of a taxing unit. Neither
the Texas Tax Code nor other State law imposes a specific time limit on the exemption for
historical sites. This determination is made by the governing body of each taxing unit. The City
has adopted a 15 year exemption period, and the City currently has 28 properties that are
receiving an exemption as a historical site.
The Historical Landmark Commission discussed this issue on August 10, 2009, and
recommended the following:
Agenda Information Sheet
October 20, 2009
Page 2
1.Extend the designation period for exemptions for 15 years beyond 2008 to 2023.
2.Keep exemption period at 15 years
a.New properties receive a 15 year exemption beginning with the year after their
date of designation,
b.Properties with a current exemption will get an additional 15 year exemption
when the current exemption expires, and
c.Properties no longer eligible for an exemption under the current ordinance will get
a new 15 year exemption the year after the effective date of a new ordinance.
3.Keep exemption at 50% of assessed value.
On September 1, 2009, staff discussed this recommendation with the City Council. Based on the
discussion, the City Council requested that staff prepare various options for consideration at the
next available meeting. In addition, the City Council requested a summary of the historic
landmark exemptions offered by area communities. This summary is attached as Exhibit 1.
The following options were presented to the City Council on September 15th:
Option 1. Allow current ordinance to expire. In other words, no new properties will be
eligible for new exemptions, and current exemptions will expire after the initial
15 year period.
Option 2: Approve 15 year 50% exemption for newly designated properties, a 25%
exemption for previously designated properties with no expiration date, and
establish an open designation period.
Option 3: Approve recommendations from the Historic Landmark Commission.
Option 4: Approve another exemption based on methods used by other cities.
On September 15, 2009, the City Council reviewed the above options and indicated they were in
favor of option 2 provided that a minimum expenditure requirement is established to verify
eligibility for the exemption. As such, the City Council directed staff to consult with the HLC
regarding an appropriate minimum expenditure amount.
On October 12, 2009, staff recommended the following option to the HLC:
1.Open designation period with no sunset provision.
2.Newly designated properties will be eligible for a 15 year tax exemption of 50% of the
assessed taxable value if a minimum investment of $10,000 is demonstrated to the City.
Expenditures must be for the purpose of improving or restoring the property.
3.Properties which have previously received a tax exemption will be eligible for a 15 year
tax exemption of 25% of the assessed taxable value if a minimum annual investment of
$5,000 is demonstrated to the City. Expenditures must be for the purpose of improving
or restoring the property.
Agenda Information Sheet
October 20, 2009
Page 3
Staff met with the HLC on October 12, 2009 and they recommended a slightly different option
than the option presented by staff. The HLC discussed the possibility of reducing the
expenditure threshold and exemption after the initial 15 year period, but the Commission felt this
would be problematic from an administrative and policy standpoint. Instead, the HLC has
recommended that a more stringent investment of $10,000 be required for continuing
exemptions. The HLC reasoned that this would more appropriately provide an incentive to
maintain the historic properties.
HISTORICAL LANDMARK COMMISSION (HLC) RECOMMENDATION
On October 12, 2009, the HLC recommended the following:
1.Open designation period.
2.Exemption of 50% of assessed value for a period of 10 years for all properties
a.Newly designated properties must demonstrate a minimum investment of $10,000
within two years prior to designation as a historic site in order to qualify for the
exemption.
b.Previously designated properties must demonstrate additional minimum
investments of $10,000 before being granted additional 10 year exemptions.
3.The Commission will define qualifying minimum investments, which must be for
permanent improvements or restoration projects.
STAFF RECOMMENDATION
Staff recommends
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On October 20, 1987, the City Council approved an ordinance (No. 87-189) providing for a
partial tax exemption for designated historic sites for a period of ten (10) years.
On April 21, 1998, the City Council approved an ordinance (No. 98-110) providing for a
continuation of the qualification period for seeking partial tax exemptions for designated historic
sites to the year 2008 and providing owners that qualify for a designated historic site fifteen (15)
years of partial tax exemption.
On April 28, 1998, the City Council approved an ordinance (No. 98-116) providing for an
abatement of the increase in the assessed value of historically significant sites for tax purposes
which result from appropriate repairs and renovation to historic buildings in the Downtown
commercial district of the City.
On February 9, 2009, and March 9, 2009, the Historical Landmark Commission discussed and
recommended that the partial tax exemption for designated historic sites be extended.
Agenda Information Sheet
October 20, 2009
Page 4
On June 8, 2009, the Historical Landmark Commission discussed the partial tax exemption for
designated historic sites and requested that the Legal Department provide clarification at a future
commission meeting.
On August 10, 2009, the Historical Landmark Commission discussed the partial tax exemption
for designated historic sites and voted to recommend that the City Council extend the partial tax
exemption for designated historic sites.
On September 1, 2009, the City Council discussed the partial tax exemption for designated
historic sites and directed staff to provide additional information and a menu of options in a
future work session.
On September 15, 2009, the City Council discussed the partial tax exemption for designated
historic sites and directed staff to review the proposals with the Historical Landmark
Commission for consideration.
On October 12, 2009, the Historical Landmark Commission discussed the partial tax exemption
for designated historic sites and voted to recommend that the City Council extend the partial tax
exemption for designated historic sites.
FISCAL INFORMATION
According to 09 Certified Property Tax Roll, twenty-eight (28) properties receive a
historic site exemption. The total exempted value is $3,478,599. This represents approximately
$23,186 in foregone revenue to the City.
EXHIBITS
1.Summary by City
2.PowerPoint Presentation
Respectfully submitted,
Bryan Langley
Director of Finance
Prepared By:
Antonio Puente, Jr.
Revenue & Treasury Analyst
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Keith Gabbard 349-7144
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract
for the purchase of RCP Pipe and Concrete Box Culverts for various City departments; providing
for the expenditure of funds therefor; and providing an effective date (Bid 4384-Annual Contract
for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder meeting
specification for each section in the annual estimated amount of $125,000). The Public Utilities
Board recommends approval (4-0).
BID INFORMATION
This bid is for the annual contract to supply the City of Denton with Reinforced Concrete Pipe
(RCP) and Precast Reinforced Concrete Box Culverts. These items are used in the construction
and maintenance of street and drainage areas. A wide range of pipe and box culverts have been
bid in order for the City of Denton workforce to quickly accommodate the engineered runoff
water projections. Minimal stock is maintained and material is ordered on an as needed basis.
The bid will be awarded to the lowest overall bid by each section listed on the bid tabulation.
This allows the City to order a mix and match of similar items from one vendor.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its October 12, 2009 meeting.
RECOMMENDATION
Award Items 1-146 to Rinker Materials Concrete Pipe Division and Items 147-281 to HD
Supply-Waterworks in the unit price amount as listed on Exhibit A of the Ordinance. Items 156-
161, 174-179, and 192-197 were not bid and will not be awarded. The estimated annual
expenditure is $125,000.
PRINCIPAL PLACE OF BUSINESS
HD Supply-Waterworks Rinker Materials Concrete Pipe Division
McKinney, TX Roanoke, TX
Agenda Information Sheet
October 20, 2009
Page 2
ESTIMATED SCHEDULE OF PROJECT
This is an annual contract that can be renewed for additional one-year periods with all conditions
and pricing remaining the same.
FISCAL INFORMATION
Each acquisition will be charged to the appropriate budget line and/or Capital Improvement Plan
project.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AIS-Bid 4384
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR THE PURCHASE OF RCP PIPE AND CONCRETE BOX CULVERTS FOR
VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4384-ANNUAL CONTRACT FOR
RCP PIPE AND CONCRETE BOX CULVERTS AWARDED TO THE LOWEST RESPONSIBLE
BIDDER MEETING SPECIFICATION FOR EACH SECTION IN THE ANNUAL ESTIMATED
AMOUNT OF $125,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
4384 1-146 Rinker Materials Concrete Pipe Exhibit A
Division
4384 147-281 HD Supply-Waterworks Exhibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2009.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-BID 4384
BID # 4384
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DATE: September 3, 2009
Annual Contract for RCP Pipe and Concrete Box Culverts
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õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
32LF
üïíëòïë
33LF
üïìêòèð
34LF
üïêçòêé
DIRECT DRIVE BOX CULVERTS
35LF
üëïòîé
36LF
üëíòëç
37LF
üêðòëì
38LF
üêçòèï
39LF
üéèòìï
40LF
üèíòðè
41LF
üèêòèë
42LF
üçëòçê
43LF
üïðìòèç
44 LF
üçêòèî
45LF
üïïíòéí
46 LF
üïîìòêç
47 LF
üïíìòçè
48 LF
üïìëòèì
49 LF
üïïèòçí
50 LF
üïìðòìì
51LF
üïëîòìí
52 LF
üïêìòïè
53LF
üïéêòîî
54 LF
üïèéòìï
55LF
üïëîòêê
56 LF
üïêéòëç
57LF
üïééòïî
58 LF
üïçíòçð
59LF
üïççòìê
60 LF
üîïïòðï
61LF
üïèêòëè
62LF
üîïìòëç
63LF
üîîéòîð
64LF
üîìðòçð
65LF
üîëíòëë
66LF
üîêéòîî
Û¨¸·¾·¬ ß
ITEMUOMDESCRIPTION
çøïùîëçøïùîë
ëÔÏÒØË
õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
67LF
üîîìòéë
68LF
üîëêòéê
69LF
üîéïòïê
70LF
üîèëòçî
71LF
üíððòéï
72LF
üíïìòçë
73LF
üíîçòéì
74LF
üîêêòíî
75LF
üîèïòíé
76LF
üîçêòëï
77LF
üíïïòêð
78LF
üíîêòéð
79LF
üíìïòéç
80LF
üíëêòçè
81LF
üíéïòçè
82LF
üíïïòîé
83LF
üíîéòéê
84LF
üíììòîï
85LF
üíêðòéî
86LF
üíééòïé
87LF
üíçíòêê
88LF
üìïðòïï
89LF
üìîêòëç
90LF
üììíòðè
BOXES GREATER THAN 2 FEET OF COVER
91LF
üëïòîé
92LF
üëíòëç
93LF
üêðòëì
94LF
üêçòèï
95LF
üéèòìï
96LF
üèíòðè
97LF
üèêòèë
98LF
üçëòçê
99LF
üïðìòèç
100 LF
üçêòèî
101LF
üïïíòéí
Û¨¸·¾·¬ ß
ITEMUOMDESCRIPTION
çøïùîëçøïùîë
ëÔÏÒØË
õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
102 LF
üïîìòêç
103 LF
üïíìòêç
104 LF
üïìëòèì
105 LF
üïïèòçí
106 LF
üïìðòìì
107LF
üïëîòìí
108 LF
üïêìòïè
109LF
üïéêòîî
110 LF
üïèéòìï
111LF
üïëîòêê
112 LF
üïêéòëç
113LF
üïééòïî
114 LF
üïçíòçð
115LF
üïççòìê
116 LF
üîïïòðï
117LF
üïèêòëè
118LF
üîïìòëç
119LF
üîîéòîð
120LF
üîìðòçð
121LF
üîëíòëë
122LF
üîêéòîî
123LF
üîîìòéë
124LF
üîëêòéê
125LF
üîéïòïê
126LF
üîèëòçî
127LF
üíððòéï
128LF
üíïìòçë
129LF
üíîçòéì
130LF
üîêêòíî
131LF
üîèïòíé
132LF
üîçêòëï
133LF
üíïïòêð
134LF
üíîêòéð
135LF
üíìïòéç
136LF
üíëêòçè
137LF
üíéïòçè
Û¨¸·¾·¬ ß
ITEMUOMDESCRIPTION
çøïùîëçøïùîë
ëÔÏÒØË
õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
138LF
üíïïòîé
139LF
üíîéòéê
140LF
üíììòîï
141LF
üíêðòéî
142LF
üíééòïé
143LF
üíçíòêê
144LF
üìïðòïï
145LF
üìîêòëç
146LF
üììíòðè
Precast Safety End Treatments
147EA
üîîçòðð
148EA
üìëðòðð
(CD bars)
149EA
üíçíòðð
(PD bars)
150EA
üîéðòðð
151EA
üëèðòðð
(CD bars)
152EA
üëìëòðð
(PD bars)
153EA
üíêìòðð
154EA
üèìðòðð
(CD bars)
155EA
üéíðòðð
(PD bars)
156EA
ÒÑ Þ×Ü
157EA
ÒÑ Þ×Ü
(CD bars)
158EA
ÒÑ Þ×Ü
(PD bars)
159EA
ÒÑ Þ×Ü
160EA
ÒÑ Þ×Ü
(CD bars)
Û¨¸·¾·¬ ß
ITEMUOMDESCRIPTION
çøïùîëçøïùîë
ëÔÏÒØË
õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
161EA
ÒÑ Þ×Ü
(PD bars)
162EA
üêèðòðð
163EA
üïôïçëòðð
(CD bars)
164EA
üïôîëðòðð
(PD bars)
165EA
üìíîòðð
166EA
üèëðòðð
(CD bars)
167EA
üéïçòðð
(PD bars)
168EA
üëíðòðð
169EA
üççðòðð
(CD bars)
170EA
üçðëòðð
(PD bars)
171EA
üêèðòðð
172EA
üïôïçëòðð
(CD bars)
173EA
üïôîëðòðð
(PD bars)
174EA
ÒÑ Þ×Ü
175EA
ÒÑ Þ×Ü
(CD bars)
176EA
ÒÑ Þ×Ü
(PD bars)
177EA
ÒÑ Þ×Ü
178EA
ÒÑ Þ×Ü
(CD bars)
179EA
ÒÑ Þ×Ü
(PD bars)
180EA
üïôïîðòðð
Û¨¸·¾·¬ ß
ITEMUOMDESCRIPTION
çøïùîëçøïùîë
ëÔÏÒØË
õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
181EA
üïôéçðòðð
(CD bars)
182EA
üîôðéëòðð
(PD bars)
183EA
üêëðòðð
184EA
üïôïëðòðð
(CD bars)
185EA
üïôîëëòðð
(PD bars)
186EA
üèððòðð
187EA
üïôíëðòðð
(CD bars)
188EA
üïôëîëòðð
(PD bars)
189EA
üïôïîëòðð
190EA
üïôéèðòðð
(CD bars)
191EA
üîôïððòðð
(PD bars)
192EA
ÒÑ Þ×Ü
193EA
ÒÑ Þ×Ü
(CD bars)
194EA
ÒÑ Þ×Ü
(PD bars)
195EA
ÒÑ Þ×Ü
196EA
ÒÑ Þ×Ü
(CD bars)
197EA
ÒÑ Þ×Ü
(PD bars)
198EA
üïôçèðòðð
199EA
üîôéððòðð
(CD bars)
200EA
üíôíéëòðð
(PD bars)
Û¨¸·¾·¬ ß
ITEMUOMDESCRIPTION
çøïùîëçøïùîë
ëÔÏÒØË
õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
201EA
üïôîìëòðð
202EA
üïôéêçòðð
(CD bars)
203EA
üîôïïðòðð
(PD bars)
204EA
üïôêîðòðð
205EA
üîôîïëòðð
(CD bars)
206EA
üîôêëðòðð
(PD bars)
207EA
üïôíëðòðð
208EA
üîôêëðòðð
(CD bars)
209EA
üíôìëðòðð
(PD bars)
Class III RCP Sloped End Sections
210EA
üïçîòðð
211EA
üïçîòðð
212EA
üïçîòðð
213EA
üîïîòðð
214EA
üîïîòðð
215EA
üîïîòðð
216EA
üîëðòðð
217EA
üîëðòðð
218EA
üîëðòðð
219EA
üíððòðð
220EA
üíððòðð
221EA
üíððòðð
222EA
üíëíòðð
223EA
üíëíòðð
224EA
üêèîòðð
225EA
üìïïòðð
226EA
üìïïòðð
227EA
üéçëòðð
228EA
üìçëòðð
Û¨¸·¾·¬ ß
ITEMUOMDESCRIPTION
çøïùîëçøïùîë
ëÔÏÒØË
õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
229EA
üéíêòðð
230EA
üçêëòðð
231EA
üëéìòðð
232EA
üèëíòðð
233EA
üïôïîëòðð
234EA
üïôìëîòðð
235EA
üïôìëîòðð
236EA
üïôìëîòðð
237EA
üïôçîðòðð
238EA
üïôçîðòðð
239EA
üîôèëðòðð
240EA
üîôîëðòðð
241EA
üîôîëðòðð
242EA
üíôéððòðð
243EA
üíôðððòðð
244EA
üíôðððòðð
245EA
üìôíððòðð
Class IV RCP Sloped End Sections
246EA
üïçîòðð
247EA
üïçîòðð
248EA
üïçîòðð
249EA
üîíðòðð
250EA
üîíðòðð
251EA
üîíðòðð
252EA
üîçïòðð
253EA
üîçïòðð
254EA
üîçéòðð
255EA
üíêêòðð
256EA
üíêêòðð
257EA
üíêêòðð
258EA
üììëòðð
259EA
üììëòðð
260EA
üèêçòðð
261EA
üìèèòðð
262EA
üìèèòðð
263EA
üçëîòðð
Û¨¸·¾·¬ ß
ITEMUOMDESCRIPTION
çøïùîëçøïùîë
ëÔÏÒØË
õù êÈÍÍÑÄ ðÜÉØËÔÜÑÊ
æÜÉØËÆÎËÒÊúÎÏËØÉØ íÔÍØ
ùÔÇÔÊÔÎÏ
Principle Place of Business:
ðÚòÔÏÏØÄ éåëÎÜÏÎÒØ éå
264EA
üëçêòðð
265EA
üèèëòðð
266EA
üïôïïëòðð
267EA
üêéðòðð
268EA
üççèòðð
269EA
üïôíððòðð
270EA
üïôèèðòðð
271EA
üïôèèðòðð
272EA
üïôèèðòðð
273EA
üîôéððòðð
274EA
üîôéððòðð
275EA
üîôéððòðð
276EA
üíôéððòðð
277EA
üíôéððòðð
278EA
üëôíððòðð
279EA
üìôíððòðð
280EA
üìôíððòðð
281EA
üêôîððòðð
Shipment can be made in ____ days from receipt of
íë ÜßÇÍ ÚÑÎ
ÝËÔÊÛÎÌÍ
order.
íð ÜßÇÍ
ëóïð ÜßÇÍ ÚÑÎ
Ð×ÐÛ
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 October 12, 2009
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, October 12, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
Present:
10 Chair Dick Smith, Bill Cheek, Phil Gallivan and Barbara Russell
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM/Utilities
15
Absent:
16 John Baines, Randy Robinson and Bill Grubbs, all excused
17
OPEN MEETING:
18
19
CONSENT AGENDA:
20
21
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 4)Consider a recommendation of adoption of an Ordinance accepting competitive bids and
25 awarding an annual contract for the purchase of RCP Pipe and Concrete Box Culverts for
26 various City departments; providing for the expenditure of funds therefore; and providing an
27 effective date (Bid 4384-Annual Contract for RCP Pipe and Concrete Box Culverts awarded
28 to the lowest responsible bidder meeting specification for each section in the annual
29 estimated amount of $125,000).
30
Board Member Phil Gallivan moved to approve Item 4 with a second from Board Member
31
Bill Cheek. The motion was approved by a 4-0 vote.
32
33
34 The meeting was adjourned by consensus at 9:51 a.m.
35
éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Mike Ellis 349-8424
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) and
Buy Board Cooperative Purchasing Network, for the acquisition of twelve vehicle and
equipment items for the City of Denton General Fund Departments by way of an Interlocal
Agreement with the City of Denton; and providing an effective date (File 4422-Interlocal
Agreement for the purchase of General Fund Vehicles and Equipment awarded to multiple
vendors as listed on Exhibit A in the amount of $628,651).
FILE INFORMATION
A list and description of the vehicles and equipment is shown below. All of the vehicles are
motor pool replacements for similar equipment determined to no longer be economical to
operate. The older units will be sold at public auction.
Item# Description Amount Dept/Div Contract
1 Chevy Impala, Paint Code 61U $17,621 Police BB #208-04
1 Chevy Impala, Paint Code 61U $17,621 Police BB #208-04
1 Chevy Impala, Paint Code 61U $17,621 Police BB #208-04
1 Chevy Impala, Paint Code 61U $17,621 Police BB #208-04
2A Chevy Tahoe Paint Code 51U $24,085 Police
BB #208-04
2A Chevy Tahoe Paint Code 51U $24,085 Airport
BB #208-04
Chevy Tahoe/Red Paint Code 74U $24,970 Fire Ops
2B BB #208-04
3Frazer Ford F350 Ambulance $135,950 Fire Ops H-GAC#04-08
3Frazer Ford F350 Ambulance $135,950 Fire Ops H-GAC#04-08
4 John Deere 6330 STD OOS/CAB $ 48,722 Parks Maint H-GAC#GR01-08
5 Holt 430E C4S Backhoe Loader $ 88,173 Streets BB#268-07
6 Holt 416E CAB4E Backhoe Loader $ 76,232 Parks Const BB#268-07
Total $628,651
Cooperative agreement handling fees and service manuals are estimated less than $1,000 and
may vary depending upon the number of purchase orders issued and service manuals required.
All units are powered by Unleaded/E85 or Diesel engines with LEV ratings that meet or exceed
EPA standards.
Agenda Information Sheet
October 20, 2009
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
City Council approved the vehicle replacement/addition schedule for FY2009-2010 budget year
within the budget process. A reimbursement resolution was approved by City Council on
October 6, 2009 and a Certificate of Obligation will be issued in spring 2010.
RECOMMENDATION
Award the purchase of General Fund vehicles and equipment through Interlocal Agreement
contracts to the vendors listed below for a total award amount of $628,651.
Item Vendor Amount Contract
1-2 Caldwell Country Chevrolet $143,624 Buy Board #208-04
3 Frazer $271,900 H-GAC #04-08
5 AG-Power Inc. $ 48,722 H-GAC #GR01-08
6-7 Holt Cat $164,405 Buy Board #268-07
Total $628,651
PRINCIPAL PLACE OF BUSINESS
Caldwell Chevrolet Frazer AG Power Inc Holt Cat
Caldwell, TX Houston, TX McKinney, TX Irving, TX
ESTIMATED SCHEDULE OF PROJECT
The delivery schedule for this list of equipment varies from 30 to 180 days after receipt of an
order.
FISCAL INFORMATION
The vehicles and equipment will be funded from the following sources:
Department Account# Amount Requisition#
Police 810044461.1355.30100 $ 70,484 95824
Police 810043461.1355.30100 $ 24,085 95824
Airport 810053461.1355.30100 $ 24,085 95824
Fire Operations 810046461.1355.30100 $ 24,970 95824
Fire Operations 810045461.1355.30100 $271,900 95825
Parks Maintenance 810047461.1355.30100 $ 48,722 95826
Parks Construction 810048461.1355.30100 $ 76,232 95827
Agenda Information Sheet
October 20, 2009
Page 3
FISCAL INFORMATION (CONTINUED)
Department Account# Amount Requisition#
Streets 810050461.1355.30100 $ 88,173 95827
Total $628,651
EXHIBITS
Exhibit 1: Vehicle and Equipment Quotes
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4422
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
Û¨¸·¾·¬ ï
׬»³ ê
Û¨¸·¾·¬ ï
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC) AND BUY BOARD COOPERATIVE
PURCHASING NETWORK, FOR THE ACQUISITION OF TWELVE VEHICLE AND
EQUIPMENT ITEMS FOR THE CITY OF DENTON GENERAL FUND DEPARTMENTS BY
WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND
PROVIDING AN EFFECTIVE DATE (FILE 4422-INTERLOCAL AGREEMENT FOR THE
PURCHASE OF GENERAL FUND VEHICLES AND EQUIPMENT AWARDED TO
MULTIPLE VENDORS AS LISTED ON EXHIBIT A IN THE AMOUNT OF $628,651).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) and Buy Board
Cooperative Purchasing Network programs at less cost than the City would expend if bidding
these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
ITEM
NUMBER VENDOR AMOUNT
1 Buy Board/Caldwell Country Chevrolet $ 70,484
2A Buy Board/Caldwell Country Chevrolet $ 48,170
2B Buy Board/Caldwell Country Chevrolet $ 24,970
3 H-GAC/Frazer $271,900
4 H-GAC/AG Power Inc. $ 48,722
5 Buy Board/Holt Cat $ 88,173
6 Buy Board/Holt Cat $ 76,232
$628,651
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC or
Buy Board for such items and agrees to purchase the materials, equipment, supplies, or services
in accordance with the terms, conditions, specifications, standards, quantities and for the
specified sums contained in the bid documents and related documents filed with the above listed
agencies, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the SECTION 1,
ratification of bids awarded by H-GAC or Buy Board, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to H-GAC or Buy Board, quantities and specified sums contained in the
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ________ day of ______________, 2009.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-File 4422
EXHIBIT A
ITEM
NUMBER VENDOR AMOUNT
1 Buy Board/Caldwell Country Chevrolet $ 70,484
2A Buy Board/Caldwell Country Chevrolet $ 48,170
2B Buy Board/Caldwell Country Chevrolet $ 24,970
3 H-GAC/Frazer $271,900
4 H-GAC/AG Power Inc. $ 48,722
5 Buy Board/Holt Cat $ 88,173
6 Buy Board/Holt Cat $ 76,232
$628,651
éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Mike Ellis 349-8424
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) and
Buy Board Cooperative Purchasing Network for the acquisition of ten vehicle and equipment
items for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with
the City of Denton; and providing an effective date (File 4423-Interlocal Agreement for the
purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on
Exhibit A in the amount of $366,628). The Public Utilities Board recommends approval (4-0).
FILE INFORMATION
These ten units are utility related acquisitions. A list and description of the vehicles/equipment is
shown below.
Item Description Qty Unit Price Dept Co-Op
1 Chevy ½ Ton Ext. Cab 1 $23,855 Water Coll Buy Board
4 WD Truck
2 Chevy ½ Ton Ext. Cab 1 $19,491 Electric Dist Buy Board
2 Chevy ½ Ton Ext. Cab 1 $19,491 Electric Dist Buy Board
2 Chevy ½ Ton Ext. Cab 1 $19,491 Electric Sub Buy Board
3 Chevy Tahoe 1 $24,085 Electric Com Buy Board
4 Chevy ½ Ton Truck 1 $17,330 Electric Mtr Buy Board
4 Chevy ½ Ton Truck 1 $17,330 Electric Mtr Buy Board
5 John Deere Tractor 4 WD 1 $55,967 Drainage H-GAC
6 Holt Cat 420E Backhoe 1 $82,558 Drainage Buy Board
7 Holt Cat 420E IT Backhoe 1 $87,030 Electric Dist Buy Board
Cooperative agreement handling fees and service manuals are estimated less than $1,000 and
may vary depending upon the number of purchase orders issued and service manuals required.
All units are powered by Unleaded/E85 or Diesel engines with LEV ratings that meet or exceed
EPA standards.
PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This Public Utilities Board approved this item at its October 12, 2009 meeting. The vehicle and
equipment replacements were approved during the FY 2009-2010 budget process.
Agenda Information Sheet
October 20, 2009
Page 2
RECOMMENDATION
Award the purchase of Utility Fund vehicles and equipment through Interlocal Agreement
contracts to the vendors listed below for a total award amount of $366,628.
Item Vendor Amount Contract
1-4 Caldwell Country Chevrolet $141,073 Buy Board #208-04
5 AG-Power Inc. $ 55,967 H-GAC #GR01-08
6-7 Holt Cat $169,588 Buy Board #268-07
Total $366,628
PRINCIPAL PLACE OF BUSINESS
Caldwell Chevrolet AG Power Inc Holt Cat
Caldwell, TX McKinney, TX Irving, TX
ESTIMATED SCHEDULE OF PROJECT
The delivery schedule for equipment varies from 10 to 180 days after receipt of an order.
FISCAL INFORMATION
Department Account# Amount Requisition#
Electric Dist 602610605.1355.3920 $ 87,030 95799
Electric Dist 602608605.1355.3920 $ 19,491 95797
Electric Dist 602616605.1355.3920 $ 19,491 95797
Electric Sub 602619605.1355.3920 $ 19,491 95797
Electric Comm 602617605.1355.3920 $ 24,085 95797
Electric Mtr 602622605.1355.3920 $ 17,330 95797
Electric Mtr 602623605.1355.3920 $ 17,330 95797
Drainage 645555.8535 $ 55,967 95798
Drainage 645555.8535 $ 82,558 95799
Water Coll 645555.8535 $ 23,855 95799
Total $366,628
Agenda Information Sheet
October 20, 2009
Page 3
EXHIBITS
Exhibit 1: Vendor Quotes
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4423
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ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC) AND BUY BOARD COOPERATIVE
PURCHASING NETWORK FOR THE ACQUISITION OF TEN VEHICLE AND
EQUIPMENT ITEMS FOR THE CITY OF DENTON UTILITY FUND DEPARTMENTS BY
WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND
PROVIDING AN EFFECTIVE DATE (FILE 4423-INTERLOCAL AGREEMENT FOR THE
PURCHASE OF UTILITY FUND VEHICLES AND EQUIPMENT AWARDED TO
MULTIPLE VENDORS AS LISTED ON EXHIBIT A IN THE AMOUNT OF $366,628).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) and Buy Board
Cooperative Purchasing Network programs at less cost than the City would expend if bidding
these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
ITEM
NUMBER VENDOR AMOUNT
1 Buy Board/Caldwell Country Chevrolet $ 23,855.00
2 Buy Board/Caldwell Country Chevrolet $ 58,473.00
3 Buy Board/Caldwell Country Chevrolet $ 24,085.00
4 Buy Board/Caldwell Country Chevrolet $ 34,660.00
5 H-GAC/AG-Power Inc. $ 55,967.00
6 Buy Board/Holt Cat $ 82,558.00
7 H-GAC/Holt Cat $ 87,030.00
$366,628.00
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC or
Buy Board for such items and agrees to purchase the materials, equipment, supplies, or services
in accordance with the terms, conditions, specifications, standards, quantities and for the
specified sums contained in the bid documents and related documents filed with the above listed
agencies, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the SECTION 1, wish to enter into a formal written agr
ratification of bids awarded by H-GAC or Buy Board, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to H-GAC or Buy Board, quantities and specified sums contained in the
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ________ day of ______________, 2009.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-File 4423
EXHIBIT A
ITEM
NUMBER VENDOR AMOUNT
1 Buy Board/Caldwell Country Chevrolet $ 23,855.00
2 Buy Board/Caldwell Country Chevrolet $ 58,473.00
3 Buy Board/Caldwell Country Chevrolet $ 24,085.00
4 Buy Board/Caldwell Country Chevrolet $ 34,660.00
5 H-GAC/AG-Power Inc. $ 55,967.00
6 Buy Board/Holt Cat $ 82,558.00
7 H-GAC/Holt Cat $ 87,030.00
$366,628.00
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 October 12, 2009
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, October 12, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
Present:
10 Chair Dick Smith, Bill Cheek, Phil Gallivan and Barbara Russell
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM/Utilities
15
Absent:
16 John Baines, Randy Robinson and Bill Grubbs, all excused
17
OPEN MEETING:
18
19
CONSENT AGENDA:
20
21
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
Board Member Barbara Russell pulled Item 3 for individual consideration.
24
25
ITEMS FOR INDIVIDUAL CONSIDERATION
26
27
28 3)Consider a recommendation of adoption of an Ordinance of the City of Denton authorizing
29 the City Manager or his designee to execute a purchase order through the Houston-Galveston
30 Area Council (H-GAC), and Buy Board Cooperative Purchasing Network for the acquisition
31 of ten vehicles and equipment items for the City of Denton Utility Fund Departments by way
32 of an Interlocal Agreement with the City of Denton; and providing an effective date (File
33 4423-Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment
34 awarded to multiple vendors as listed on Exhibit A in the amount of $366,628).
35
36 Board Member Barbara Russell asked if there is a reason why the city is not moving toward
37 natural gas and biodiesel fueled automobiles. Mike Ellis, Fleet Superintendent, replied that the
38 gasoline units are powered by E85 which is a flex fuel and the diesel units are powered by
39 biodiesel. Morris then stated that there is only one manufacturer of a natural gas vehicle and
40 which is Honda and that everything else is a conversion. Morris then stated that conversions the
41 city has done in the past have not been successful due to a lot of maintenance problems. Morris
42 also stated that city facilities are not equipped with ventilation systems and monitors required to
43 work on natural gas vehicles.
44
45 Board Member Russell then asked what criterion is used to determine when an employee is
46 issued a take home vehicle and do those employees live in Denton. City Manager George
Draft Minutes of Public Utilities Board meeting
October 12, 2009
Page 2 of 2
47 Campbell stated that because there are a large number of employees who live outside of the city
48 limits, the process has recently been reviewed and changed to bring it more up to date. City
49 Manager Campbell also added that the department head makes the recommendation which is
50 based not only on business need, but how often that employee may be called out, if that
51 employee is on call and is it better for that employee to respond to the site instead of to the
52 service center to change vehicles.
53
54 Board Member Russell then asked about the radio package which includes a bottle holder, floor
55 mounted, left side; AM/FM stereo clock, front audio input Jack for MP3 Players and weather
56 band item radio. Board Member Russell stated she realized it is not a lot of money, but why is it
57 being purchased. Morris replied that it is almost impossible to buy a vehicle without a radio and
58 that is the standard radio package in vehicles and to replace that radio with an am/fm radio would
59 actually cost more.
60
Board Member Barbara Russell moved to approve Item 3 with a second from Board
61
Member Bill Cheek. The motion was approved by a 4-0 vote.
62
63
64 The meeting was adjourned by consensus at 9:51 a.m.
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AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Vance Kemler 349-8044
ACM:
Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute a Professional
Services Agreement with Solutient GeoSciences, Inc. for performing professional
hydrogeological consulting and analytical services regarding the City of Denton, Texas
Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor;
providing for retroactive ratification and approval thereof; and providing an effective date (File
4416 in an amount not to exceed $161,681.90). (The Public Utilities Board recommends
approval (4-0).
FILE INFORMATION
The Landfill is required to perform a variety of groundwater sampling events and submit ground
water monitoring results of the Land
on a semi-annual basis to the Texas Commission on Environmental Quality (TCEQ).
Solutient GeoSciences, Inc.
possesses staff capable
L
groundwater monitoring service requirements performed by Solutient GeoSciences, Inc. include
well sampling, data review, statistical analyses, consultation, regulatory reporting, and general
geological and hydrogeological services performed at the Landfill site.
Services to be provided in FY 2010 include plugging and abandoning nine piezometers and one
water well. The piezometers and the water well were part of original permit (#1590) and have
not been in service since 1998, and are planned to be closed during FY 2010. The current
groundwater monitoring system was installed in 1998, which replaced the old system, and
monitors the entire Landfill waste disposal area (#1590A). Additionally, Solutient GeoSciences,
Inc. will install five 6-inch x 75-foot deep gas extraction wells. The gas wells will be installed in
Phase II, and will provide additional methane collection capability for the gas to energy power
generation project. Upon completion of these work efforts, Solutient GeoSciences, Inc. will
submit a report of these activities to the TCEQ.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its September 28, 2009 meeting.
Agenda Information Sheet
October 20, 2009
Page 2
RECOMMENDATION
Award to Solutient GeoSciences, Inc. in the amount of $161,681.90.
PRINCIPAL PLACE OF BUSINESS
Solutient GeoSciences, Inc.
Tyler, TX
ESTIMATED SCHEDULE OF PROJECT
This is an annual Agreement that will be in effect beginning October 1, 2009.
FISCAL INFORMATION
This contract will be funded from account 660300.7855. Requisition# 95550 has been entered in
the Purchasing software system.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4416
ORDINANCE NO.__________________
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH SOLUTIENT GEOSCIENCES, INC. FOR PERFORMING
PROFESSIONAL HYDROGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES
REGARDING THE CITY OF DENTON, TEXAS MUNICIPAL LANDFILL (MSW PERMIT NO.
1590-A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR
RETROACTIVE RATIFICATION AND APPROVAL THEREOF; AND PROVIDING AN
EFFECTIVE DATE (FILE 4416 IN AN AMOUNT NOT TO EXCEED $161,681.90).
WHEREAS,
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
es do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager is hereby authorized to enter into a professional service
contract with Solutient GeoSciences, Inc., to provide hydrogeological and analytical services for the
City of Denton Landfill, a copy of which is attached hereto and incorporated by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION III. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION IV. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2009.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-File 4416
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1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 September 28, 2009
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, September 28, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
Present:
10 Chair Dick Smith, Bill Cheek, Randy Robinson, Barbara Russell and John Baines
11 (arrived at 9:04 a.m.)
12
13 Ex Officio Members:
14 Howard Martin, ACM Utilities
15
Absent:
16 Phil Gallivan (not excused) and Bill Grubbs (not excused)
17
OPEN MEETING:
18
19
CONSENT AGENDA:
20
21 T
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 3)Consider approval of a Professional Services Agreement with Solutient GeoSciences, Inc., of
25 Tyler, Texas, for hydro geological and analytical services regarding the City's landfill in an
26 amount not to exceed $161,681.90.
27
Board Member Randy Robinson moved to approve Item 3 with a second from Board
28
Member Barbara Russell. The motion was approved by a 4-0 vote.
29
30
31 The meeting was adjourned by consensus at 11:10 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Phil Williams 349-8487
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of
funds for payments by the City of Denton for electrical energy transmission fees to those cities
and utilities providing energy transmission services to the City of Denton; and providing an
effective date (File 4424-2009 Electrical Energy Transmission fees in the total amount of
$1,283,904.97). The Public Utilities Board recommends approval (4-0).
FILE INFORMATION
The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new,
statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal
utilities under the jurisdiction of Public Utility Commission of Texas (PUCT) for matters related
to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the
PUCT to pay various other electric utilities in the State specific amounts. The subject purchase
orders provide the City of Denton the authority required by the City Charter to make those
payments. These purchase orders will encumber funds estimated as costs for services through
September 2010. No funds will actually be spent until invoices are received, reviewed, and
approved.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board approved this item at its October 12, 2009 meeting.
RECOMMENDATION
Approve the payment of transmission fees to American Electric Power in the amount of
$187,903.38, Brazos Electric Power Coop in the amount of $73,916.05, Electric Transmission
Texas in the amount of $76,550.04, Lower Colorado River Authority in the amount of $838,162,
and Texas Municipal Power Agency in the amount of $107,373.50 for a total award of
$1,283,904.97.
PRINCIPAL PLACE OF BUSINESS
American Electric Power (AEP) Brazos Electric Cooperative, Inc.
New Albany, Ohio Waco, TX
Agenda Information Sheet
October 20, 2009
Page 2
PRINCIPAL PLACE OF BUSINESS (CONTINUED)
Electric Transmission Texas (ETT) Lower Colorado River Authority (LCRA)
Austin, Texas Austin, TX
Texas Municipal Power Agency (TMPA)
Bryan, Texas
ESTIMATED SCHEDULE OF PROJECT
The approval of this purchase will encumber funds estimated as costs for services through
September 2010.
FISCAL INFORMATION
Funds to meet these regulatory fee obligations were budgeted in 2009-2010 budget account
600100.6072. Requisition #s 95633, 95635, 95641, 95653, 95659 have been entered in the
Purchasing software system.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4424
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE
OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY
TRANSMISSION FEES TO THOSE CITIES AND UTILITIES PROVIDING ENERGY
TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE
DATE (FILE 4424-2009 ELECTRICAL ENERGY TRANSMISSION FEES IN THE TOTAL
AMOUNT OF $1,283,904.97).
WHEREAS, in order to comply with the legislative requirements contained in the Utility
Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is
required to pay such fees imposed by the Public Utilities Commission of Texas to five listed utilities
set forth in Exhibit
WHEREAS, the City Manager has reviewed and recommended that the City Council approve
and authorize the payment of such fees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The expenditure of funds in the amount of $1,283,904.97 to be paid to the
Listed Utilities in
part of this ordinance for all purposes, is hereby authorized.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ________ day of ____________________, 2009.
_______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:__________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
3-ORD-FILE 4424
American Electric Power $187,903.38
Brazos Electric Coop $ 73,916.05
Electric Transmission Texas $ 76,550.04
Lower Colorado River Authority $838,162.00
Texas Municipal Power Agency $107,373.50
Total$1,283,904.97
1 DRAFT MINUTES
2 PUBLIC UTILITIES BOARD
3 October 12, 2009
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
7 Monday, October 12, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901-A Texas Street, Denton, Texas.
9
Present:
10 Chair Dick Smith, Bill Cheek, Phil Gallivan and Barbara Russell
11
12 Ex Officio Members:
13 George C. Campbell, City Manager
14 Howard Martin, ACM/Utilities
15
Absent:
16 John Baines, Randy Robinson and Bill Grubbs, all excused
17
OPEN MEETING:
18
19
CONSENT AGENDA:
20
21
22 has had an opportunity to raise questions regarding these items prior to consideration.
23
24 2)Consider a recommendation of adoption of an ordinance of the City of Denton, Texas
25 authorizing the expenditure of funds for payments by the City of Denton for electrical energy
26 transmission fees to those cities and utilities providing energy transmission services to the
27 City of Denton; and providing an effective date (File 4224-2009 Electrical Energy
28 Transmission fees in the total amount of $1,283,904.97).
29
Board Member Phil Gallivan moved to approve Item 2 with a second from Board Member
30
Bill Cheek. The motion was approved by a 4-0 vote.
31
32
33 The meeting was adjourned by consensus at 9:51 a.m.
34
éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ
CITY OF DENTON CITY COUNCIL MINUTES
September 22, 2009
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, September 22, 2009 at 6:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Mulroy, and Council Member Watts.
ABSENT: Council Member Heggins
1.Requests for clarification of agenda items listed on the agenda for September 22, 2009.
Council Member Watts stated that he would like to have Consent Agenda Item G pulled for
separate consideration.
Council Member Gregory asked for a clarification of Consent Agenda Item D
Howard Martin, Assistant City Manager, stated that this issue had been worked through the
Property Maintenance Code Committee for dumpsters in the street or right behind the curb. Staff
was trying to facilitate a solution of vehicles parking in front of those dumpsters. If the solid
waste truck had to come back at a later time because there was a vehicle in the way of the
dumpster, the customers were being charged a second pickup charge. This proposal clearly
delineated a no parking zone in front of the dumpsters.
Council Member Gregory asked if this would result in an additional fee.
Martin stated that it would be voluntary for the customer to establish the no parking zone.
Council Member Gregory asked if the customer did not want to pay the fee for the no parking
zone, he would have to pay a second charge if the truck could not get to the dumpster to collect
the trash.
Martin replied correct.
Council Member Gregory stated that the car parked in front of the dumpster with the no parking
zone could be cited.
Martin replied correct that right now there were no definite no parking zones and with this
proposal there would be clearly marked zones.
Council Member Engelbrecht noted that there were a number of items on the Consent Agenda
concerning annual maintenance for software. He questioned if additional items would be coming
up during year.
Kevin Gunn, Director of Technology Services, stated that all of the items on the Consent Agenda
were annual renewals for technology items. In terms of recurring maintenance for the proposed
software, Projectdox was included in the five year cost.
City of Denton City Council Minutes
September 22, 2009
Page 2
Council Member Watts had a procedural question regarding items that were tabled on the agenda
and a more efficient way to address those in the future to perhaps set them to a date certain to
eliminate confusion with the community.
Mayor Burroughs stated that if an item did not have a date certain for tabling, the action of
tabling would take it off the agenda until requested to be put back on the agenda. If an item were
tabled, it would come off the agenda until such time as a council member requested that it go
back on an agenda. That would alert citizens that it would be considered to some degree by the
council. If an item were tabled, any council member could request it to be taken off the table.
City Attorney Burgess stated that she had looked at Roberts Rules of Order to study the tabling
procedure. The motion to table was one that was used to temporarily delay consideration of an
item. It was commonly misused to table an item. A better practice would be to continue the
item to a particular date and then the item would not appear on an agenda until that date certain.
In that case, staff might need to work on the item and council would direct that the item be
continued until a meeting was accomplished or identify an outcome to tie the item to. The
continuance process probably should be used rather than the tabling process.
Council Member Mulroy asked how an item would be put on an agenda item if the date certain
or event was questionable.
Council Member Heggins arrived at meeting.
City Attorney Burgess stated that the normal rule would be that it would come back into play in
tandem with the Agenda Committee.
Mayor Pro Tem Kamp asked how Council should proceed with the currently tabled items.
City Attorney Burgess stated that Roberts Rules of Order were not law but there were two
options for Council. Council could chose to work with the alternative procedure now or continue
with the current procedure and use the alternative procedure for any future items. Current items
on the table could be taken off the table and continued to date certain or an event certain.
Council Member Gregory stated that if an individual council member felt it was time to act on an
item, he/she could contact the Agenda Committee or bring the issue up in a meeting.
Mayor Burroughs stated that a member could also communicate with the City Manager.
Council Member Gregory asked about the tabled item for Windsor and Stewart Road.
Mark Cunningham, Director of Planning and Development, stated that the applicant withdrew
his proposed in order to meet with the community for a design of the project and had not
requested it be placed on another agenda.
Council Member Gregory questioned how council or the public would know about that.
City Manager Campbell stated he started the process of listing a tabled item on the agenda
several years ago to avoid administratively loosing those items tabled by the Council.
City of Denton City Council Minutes
September 22, 2009
Page 3
Council Member Watts asked about Consent Agenda Item W regarding the termination of an
airport lease. He questioned if any improvements had been done and what the disposition of
those improvements would be when the lease was terminated.
Quentin Hix, Airport Manager, stated that the improvements would revert to the City. The
installation of a foundation for a hanger would revert back to the City.
2.Receive a report, hold a discussion and give staff direction regarding 2009-2012 Police and
Fire Meet and Confer Agreements.
Jon Fortune, Assistant City Manager, stated that Meet and Confer was authorized by the Texas
Local Government Code in 2005. It was a voluntary process by which a city could negotiate
with Civil Service Associations. The city had the discretion over which issues may be discussed.
The issues could include wages, benefits, hiring, promotions, and discipline. In 2005 both the
Police and Fire Associations petitioned the City for Meet and Confer. The City recognized both
Associations in 2005 and began deliberations in 2006. Three year agreements were approved in
2006 which were set to expire September 30, 2009. The 2006 accomplishments included (1)
allowed the City to amend civil service rules, (2) improved hiring and promotional practices, (3)
improved the disciplinary process, (4) allowed for the civil service transition for non-civil service
personnel, (5) adopted a market-based pay philosophy, and (6) improved wages and benefits.
Features of the 2009 deliberations included (1) interest-based bargaining, (2) the hiring of
outside counsel to facilitate the process, as approved by Council, (3) began deliberations in June
2009, (4) conducted 7 Meet and Confer sessions with Denton Police Officers Association, (5) 8
Meet and Confer sessions with the Denton Fire Fighter Association, (6) reached a 3 year
tentative agreement with both associations with the agreements to expire in September 30, 2012,
(7) the agreements were different but retained some common elements, (8) the DPOA ratified the
agreement 139 in favor with 8 opposed, and (9) the DFFA ratified the agreement 117 in favor
with 2 opposed.
Key agreement provisions - compensation - both agreements essentially contained the same
terms with Article 7 for Police and Article 9 for Fire. The market-based approach was
maintained with a goal of a market average plus 5%. Both associations recognized the financial
challenges facing the city. The proposed increase may be limited to the average percentage
increase of non-civil service employees. The agreements also maintained step increases with no
new steps added. An annual salary sub-committee report would be provided to the City Manager
and Council. The increase would be approved by Council in the annual budget with provisions
for unforeseen fiscal conditions.
Key agreement provisions for Fire - Article 15 – Article 2, Transition for Certain Civil Service
and Appointed Positions, would continue position transitions and reclassifications and
assignment pay adjustments for certain reclassified positions. Article 4, Hiring Process, included
a list of 15 individuals identified from the Commission list prior to the physical ability test. If
less than three individuals passed the physical ability test, return to the Commission list for the
next 15 candidates. Entrance examinations would be held in January beginning in 2011 and the
current eligibility list would continue to be in effect until January 11, 2011. Article 5,
Promotions, included pre-requisites to be recommended by a Joint Labor/Management
Committee for Captain and Battalion Chief, driver pre-requisites established in the 2006-09
City of Denton City Council Minutes
September 22, 2009
Page 4
agreement would continue, annual written exam dates would be established and if there were less
than a 3% difference between the maximum and minimum step of the next higher rank, the
firefighter would receive the second step pay. Article 7, Safety and Health, included that each
firefighter would undergo at least one physical during his/her term of agreement. Article 8,
Discipline, stated that if a firefighter did not appeal discipline, the Director would not forward a
statement to the Commission. Article 10, Pension, included the City would match the actual
contribution rate of the Firemen's Relief and Retirement Fund to the Texas Municipal Retirement
System and may commission an actuarial study to compare FRRF and TMRS.
Key agreement provisions for Police - Article 2, Hiring, involved TCLOESE certifications
within certain test ranges that would be processed first to fill beginning positions. Article 3,
Promotion, established promotional and eligibility requirements for Sergeant and Lieutenant
ranks and added a records review to the selection process for Lieutenant. Article 5, Discipline,
stated that if an officer did not appeal discipline, the Director would not forward a statement to
the Commission. Article 8, Court Time and Callback, indicated that pay for off duty court time
increased to 3 hours minimum. Article 9, Assignment Pay, stated that officers assigned to
certain divisions and on a callout list would be granted assignment pay. Those divisions
included Investigative Services Bureau, Traffic Enforcement Unit, Administrative Services,
Canine Officers and Hostage Negotiators. Those divisions would receive $50/month in 2009-10;
$75/mo in 2010-11 and $100/mo in 2011-12. There were six ordinances on the agenda for
council consideration.
Council Member Watts questioned what an officer would be paid if he/she had to prepare six
hours for a trial.
Fortune replied that the officer would be paid for time spent but the minimum was 3 hours so
that that if he/she went to court and was dismissed in an hour, he/she would receive 3 hours of
pay.
1. Closed Meeting:
Council went into Closed Meeting at 5:55 p.m.
A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas
Government Code, Section 551.086.
Council Member Gregory motioned, Council Member Heggins seconded that it was appropriate
to meet in Closed Meeting on this item in accordance with the Public Power competitive
exception. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council
Member Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye",
Council Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
1.Receive competitive public power information from staff in the form of a proposed
operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year,
including without limitation, revenues, expenses, commodity volumes, and
commitments, and the direction of DME; and discuss, deliberate, consider adoption of
the budget and other matters, and provide staff with direction regarding such matters.
City of Denton City Council Minutes
September 22, 2009
Page 5
B. Consultation with Attorneys - Under Texas Government Code Section 551.071 and Texas
Local Government Code 142.113(b).
1. Consultation with the City Attorneys, and receipt of legal advice, regarding
potential bargaining issues to be raised by management team representatives during
Meet and Confer negotiations with the International Association of Fire Fighters
Local 1291, pursuant to Texas Local Government Code sec. 142.101, et seq. A
private caucus on this topic is specifically authorized by Texas Local Government
Code 142.113(b), and public discussion would otherwise conflict with the duties of
the City’s attorneys to maintain confidential communication with the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas.
C. Consultation with Attorneys - Under Texas Government Code Section 551.071
1. Meet with City’s attorneys to discuss status, including possible settlement, of
pending litigation styled Thomas Martinez v. City of Denton, Cause No. 2007-
60044-393, currently pending in the 393rd District Court of Denton County.
D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072;
Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Discuss, deliberate and receive information from staff and provide staff with
direction pertaining to the grant of property within the Denton Rail Corridor to the
DART, the limits of said corridor being all that certain lot, tract or parcel of land
described in that certain Quitclaim Deed from Missouri Pacific Railroad Company
to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as
Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and
also being that same property described in that certain Correction Quitclaim Deed,
dated June 1, 2001 and filed for record in the Real Property Records of Denton
County, Texas as Volume 4857, Page 020211 where such deliberation in an open
meeting would have a detrimental effect on the position of the City Council in
negotiations with DCTA. Consultation with the City’s attorneys regarding legal
issues associated with the granting of said property above described where a public
discussion of these legal matters would clearly 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.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Heggins, Council Member Mulroy, and Council
Member Watts.
ABSENT: None.
City of Denton City Council Minutes
September 22, 2009
Page 6
Regular meeting of the Denton City Council on September 22, 2009 at 7:35 p.m. in the City
Council Chambers.
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."
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2.BUDGET ITEMS FOR CONSIDERATION
Bryan Langley, Director of Finance, stated that he would be addressing Items 2A-D. Item A was
the ordinance adopting the tax rate which was the same tax rate as this year. It incorporated a
gradual increase for the over 65 exemption over the next several years. Item B approved the
2009 tax rolls. Item C would adopt the fiscal year 2009-10 budget and Item D was ratifying that
the Council had approved the budget which was a state requirement.
Ordinance No. 2009-214
A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem
property tax of the City of Denton, Texas, for the year 2009, on all taxable property within
the corporate limits of the City on January 1, 2009, and adopting a tax rate for 2009;
providing revenues for payment of current municipal maintenance and operation expenses
and for payment of interest and principal on outstanding City of Denton debt; providing for
limited exemptions of certain homesteads; providing for enforcement of collections;
providing for a severability clause; and providing an effective date.
Council Member Mulroy motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Ordinance No. 2009-215
B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2009 tax
rolls; and providing an effective date.
Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to adopt the ordinance. On
roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
City of Denton City Council Minutes
September 22, 2009
Page 7
Ordinance No. 2009-216
C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year
2009-10 Annual Program of Services (Budget) and the first year of the Capital
Improvement Program of the City of Denton, Texas, for the fiscal year beginning on
October 1, 2009, and ending on September 30, 2010; and declaring an effective date.
Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Ordinance No. 2009-217
D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of
the Fiscal Year 2009-10 Annual Program of Services (Budget) for the fiscal year beginning
October 1, 2009, and ending on September 30, 2010 when the Budget will raise more
revenue from property taxes than last year’s budget; and providing an effective date.
Council Member Mulroy motioned, Council Member Watts seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
3.CONSENT AGENDA
Mayor Burroughs stated that Item G would be considered separately. Speaker cards had been
submitted for Items 3W.
Council Member Mulroy motioned, Council Member Heggins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item 3G and 3W.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Ordinance No. 2009-218
A. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of
rates contained in Ordinance No. 2008-211 for Electric Service; deleting Energysave
Program (Schedule EP); incorporating Ordinance No. 2008-301 to add and amend
Greensense Energy Efficiency Rebate Program (Schedule GRP) and amend Distributed
Generation from Renewable Sources Rider (Schedule DGR); deleting Special Event Service
(Schedule SE); providing for a repealer; providing for a severability clause; and providing
for an effective date.
Ordinance No. 2009-219
B. Consider adoption of an ordinance amending the Schedule of Water Rates contained in
Ordinance No. 2008-212 for water sdfervice rates and water rates; amending Wholesale
Raw Water Service Rate to Upper Trinity Regional Water District (WRW); the Wholesale
Raw Water Pass-Through Rate to Upper Trinity Regional Water District from Lake
City of Denton City Council Minutes
September 22, 2009
Page 8
Chapman into Lake Lewisville (Schedule WCL); amending several water tap and meter
fees; providing for a repealer; providing for a severability clause; and providing for an
effective date.
Ordinance No. 2009-220
C. Consider adoption of an ordinance amending the schedule of Wastewater Rates contained in
Ordinance No. 2008-213; providing for a repealer; providing for a severability clause; and
providing for an effective date.
Ordinance No. 2009-221
D. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of
rates for Solid Waste Service contained in Ordinance No. 2008-214 as authorized by
Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the
provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances
of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service;
providing for the establishment of no parking zone fees (Schedule SWC); a change in the
construction and demolition uncompacted materials cubic yardage rate (Schedule
SWC&D); the addition of a construction and demolition processing rate (Schedule
SWC&D); an increase from 4% to 5% of gross revenues due the Solid Waste Department
for businesses providing collection and transportation services within the City limits of
Denton (Schedule SWP); the addition of 5% of gross revenues due the Solid Waste
department for ‘small operators’ (Schedule SWP); and redefining the tire sizes for the
whole tire rates charged (Schedule SWL); providing for a repealer; providing for a
severability clause; and providing an effective date.
Ordinance No. 2009-222
E. Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule
of miscellaneous fees, deposits, billings and procedures for administrative services to city
utilities customers contained in Ordinance No. 2008-216; adding a new customer
application charge; amending Section 26-3 of the Code of Ordinances regarding residential
service deposits; providing for a repealer; providing for a severability clause; and providing
for an effective date.
Ordinance No. 2009-223
F. Consider adoption of an ordinance amending the schedule of Engineering Fees contained in
Ordinance No. 2008-215: providing for a repealer; providing for a severability clause; and
providing for an effective date.
Ordinance No. 2009-224
G. Consider adoption of an ordinance amending Section 22-38 of Chapter 22 (Parks and
Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to facility and
program fees by adopting a Schedule of Fees; repealing all fees in conflict with such
schedule; repealing Ordinance No. 2007-267 and all ordinances in conflict with the new
Schedule of Fees; and providing an effective date. The Parks, Recreation and
Beautification Board recommends approval (4-0).
City of Denton City Council Minutes
September 22, 2009
Page 9
Mayor Burroughs indicated that Speaker Cards were submitted by:
Sam Scoggins, 600 Cordell, Denton, 76201-spoke against the $5 increase in the athletic
fees.
Emerson Vorel, Director of Parks and Recreation, stated that the fee increase for youth sports,
specifically youth sports impact fee, was instituted in the 2003-04 fiscal year. At that time the
fee was $5 to recover 10% of the operation and maintenance of the facilities that the leagues
used. In 2007-08 5.7% was recovered by raising the fee and staff was projecting to recover 8.6%
this next fiscal year.
Council Member Mulroy asked if that fee was applied to the maintenance of the fields.
Vorel stated that it went back to the general fund against the maintenance costs.
Council Member Mulroy stated that staff was not asking for any capital money that built the
fields.
Council Member Gregory asked about the alternative soccer league.
Vorel stated that it was a small league that operated out of the MLK Center. The registration did
not start until registration for the Denton Soccer Association had closed. Many times they were
getting children who missed the other registration or who were on a wait list from the Denton
Soccer Association. Usually 40-50 players played on a less than regulation size field and usually
a 4 on 4 play and not competition level play.
Council Member Watts motioned, Council Member Mulroy seconded to adopt the ordinance.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
Ordinance No. 2009-225
H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City
Manager to execute a grant agreement for one hundred sixty-two thousand seven hundred
and ten dollars ($162,710.00) from the Texas Department of Housing and Community
Affairs Emergency Shelter Grant Program and take all other actions necessary to implement
the program; and providing for an effective date.
Ordinance No. 2009-226
I. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual maintenance for Harris Public Utility Billing System and associated software
modules available from only one source in accordance with the provision for State Law
exempting such purchases from requirements of competitive bids; providing for the
expenditure of funds therefor; and providing an effective date (File 4364-Purchase of
Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems,
Inc. in the amount of $92,775.39).
City of Denton City Council Minutes
September 22, 2009
Page 10
Ordinance No. 2009-227
J. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual maintenance for continued vendor support of the Oracle EnterpriseOne (formerly
PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) from only one source in
accordance with the provision for State Law exempting such purchases from requirements
of competitive bids; providing for the expenditure of funds therefor; and providing an
effective date (File 4365-Purchase of Annual Maintenance for Oracle EnterpriseOne
Software Package awarded to Oracle USA, Inc. in the amount of $101,183.24).
Ordinance No. 2009-228
K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual maintenance for Interactive Voice Response and Outage Management System and
associated software modules for Denton Municipal Electric (DME) utility available from
only one source in accordance with the provision for State Law exempting such purchases
from requirements of competitive bids; providing for the expenditure of funds therefor; and
providing an effective date (File 4366-Purchase of Annual Maintenance for Milsoft Utility
Systems awarded to Milsoft Utility Solutions in the amount of $56,564.00).
Ordinance No. 2009-229
L. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual maintenance for VisionAir Public Safety Software System and associated modules
used for Police and Fire Department dispatching and records management available from
only one source in accordance with the provision for State Law exempting such purchases
from requirements of competitive bids; providing for the expenditure of funds therefor; and
providing an effective date (File 4369-Purchase of Annual Maintenance for VisionAir
Public Safety Software System awarded to VisionAir, Inc. in the amount of $188,482.61).
Ordinance No. 2009-230
M. Consider adoption of an ordinance approving the expenditure of funds for the purchase of
annual service access and support for Enhanced Data rates for GSM Evolution (EDGE) and
3G (third-generation) wireless computer network for the Public Safety mobile computers
used by City of Denton Police, Fire and EMS personnel available from only one source in
accordance with the provision for State Law exempting such purchases from requirements
of competitive bids; providing the expenditure of funds therefor; and providing an effective
date (File 4370-Purchase of Annual Service Access and Support for Enhanced Data rates
for GSM Evolution (EDGE), and 3G (third-generation) awarded to AT&T Mobility in the
amount of $122,279.88).
Ordinance No. 2009-231
N. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and
Confer Agreement between the City of Denton and the Denton Police Officers Association,
and providing an effective date.
City of Denton City Council Minutes
September 22, 2009
Page 11
Ordinance No. 2009-232
O. Consider adoption of an ordinance authorizing assignment pay for Police Department
employees assigned to perform specialized functions of Field Training Officer and officers
assigned to the Tactical Team of the Police Department, authorizing assignment pay for
Police Department employees on a callout list approved by the Department head who are
assigned to the Investigative Services Bureau, Traffic Enforcement Unit, Administrative
Services, officers who are Canine Officers, and officers who are Hostage Negotiators of the
Police Department, and providing an effective date.
Ordinance No. 2009-233
P. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and
Confer Agreement between the City of Denton and the Denton Fire Fighters Association,
and providing an effective date.
Ordinance No. 2009-234
Q. Consider adoption of an ordinance of the City of Denton, Texas repealing Ordinance No.
2009-088 and authorizing Assignment Pay for Fire Department employees in the
classifications of Deputy Fire Chief, Battalion Chiefs who perform the specialized duties of
Training Chief, Emergency Medical Services Chief and Resource Management Chief,
Captain-Logistics/MaintenanceOfficer, Captain-Training Officer, Fire Marshal, Assistant
Fire Marshal, Fire Protection Engineer Associate, Fire Inspector Specialist I, Fire Inspector
Specialist II, Emergency Management Program Manager and Fire Recruitment
Management Analyst who are assigned to perform assigned functions on a forty-hour work
week in the Fire Department and providing an effective date.
Ordinance No. 2009-235
R. Consider adoption of an ordinance of the City of Denton, Texas, authorizing contribution to
the Denton Firemen’s Relief and Retirement Fund by the City; and establishing an effective
date.
Ordinance No. 2009-236
S. Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No.
2006-293, prescribing the number of positions in each classification of Police Officer;
prescribing the number of positions in each classification of fire fighter; providing a
repealer clause; and declaring an effective date.
Ordinance No. 2009-237
T. Consider adoption of an ordinance approving an agreement between the City of Denton,
Texas, and the Denton Chamber of Commerce; and providing an effective date.
Ordinance No. 2009-238
U. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 25 of the
Code of Ordinances by amending Section 25-158 to add the City of Denton Parks and
Recreation Department as seller; amending Section 25-159 to add payments to be made
prior to interment; amending Section 25-160 to add a late fee for failing to obtain a permit
prior to burial and to specify on permit location of grave site; amending Section 25-161 to
City of Denton City Council Minutes
September 22, 2009
Page 12
add a late fee for failing to obtain a permit before erecting monuments or tombstones or
performing concrete work in the city cemeteries; amending Section 25-164 to clarify
monument specification, add authority to inspect and remove monuments not in compliance
and require the placement of temporary grave markers prior to monument placing;
amending Section 25-165 to clarify direction of lettering on monuments; amending Section
25-166 to clarify direction of lettering on monuments; amending Section 25-168 to require
removal of arrangements within 72 hours of placement, authority to remove wilted or
unsightly flowers, to require flowers to be affixed to mounted containers, to specify
approved containers and to provide authority to remove memorabilia not placed in affixed
containers; amending Section 25-171 titled removing flowers to add removal of flowers for
cemetery development or maintenance; providing for a severability clause; amending
Section 25-172 to change the title from city health officer to county medical director;
providing for a savings clause; providing for a penalty not to exceed $500 for violations of
this ordinance; and providing for an effective date.
Ordinance No. 2009-239
V. Consider approval of an ordinance amending Ordinance Number 2003-268 of the Code of
Ordinances of the City of Denton, Texas, relating City of Denton fees to be charged at
I.O.O.F and Oakwood cemeteries by adopting the schedule of fees; repealing all fees in
conflict with such schedule; repealing Ordinance No. 2003-268 and all ordinances in
conflict with the schedule of fees; and providing an effective date.
Ordinance No. 2009-240
W. Consider adoption of an ordinance terminating that certain airport lease dated June 21, 2005
by and between the City of Denton, Texas and NTDenton Leasing, Inc for the property
known as 4600 Spartan Drive; authorizing the City Attorney or her designee to take
appropriate action to effectuate the termination; and, providing an effective date. The
Airport Advisory Board recommends approval (6-0).
Mayor Burroughs indicated that Speaker Cards had been submitted for this item.
Peter Edwards, 6901 Red Bud Drive, Flower Mound, 75022. He asked that the item be removed
from the agenda to allow them to meet with Council to let them know what was going on with
the project. They had problems with the construction schedule and he was asking for more time
to present his case. He had invested $350,000 already in the project and did not want to lose that
investment.
Council Member Gregory asked when the foundation was poured on the site.
Edwards stated that the main part was done over six months ago. They had done a little more on
the site in the past few months.
Charles Jones, 4600 Spartan Drive, Denton, 76207, stated that the lot originally had a city
drainage ditch on it and a lot of dirt work had to be done to prepare the site. The main slab was
poured about this time last year along with the ramp and parking. To date all lease payments
were current with over $44, 000 made in payments along with tap fees and building permit fees.
The City would lose nothing by allowing them to complete the project. They had an investor to
City of Denton City Council Minutes
September 22, 2009
Page 13
fund the project but were still was in the process of completing the paperwork. He asked to table
the item for two weeks in order to get all of the paperwork completed.
Council Member Mulroy stated that he would like city staff to make a presentation on the backup
that the public may not have seen. There was extensive history of the extension and he would
like that made known to the public.
Quentin Hix, Airport Manager, presented background information on the item which related to a
ground lease approved on June 21, 2005. One of the terms of the lease was that the tenant would
begin construction of the improvement on the site by March 28, 2006 and be completed by June
11, 2007. The prior Airport Manager began working with the tenants in July 2006 with a
certified letter that they were not in compliance with the lease. After numerous contacts, the
foundation was poured in June 2008. There had been continued discussion trying to continue
with the construction and complete the lease with extensions provided to complete. Hix asked
for a written time frame for completion on March 2, 2009 with a proposed schedule to complete
by August 25, 2009. From outset of that agreement the tenants had failed to meet their
milestones. On June 26, 2009 staff notified the tenant to begin construction or a termination of
the lease would begin on July 31, 2009. The tenants were also asked to provide staff some
evidence that they had financing set up to allow them to meet their commitment to complete
construction. That evidence needed to be a form from a recognized financial institution plus
some evidence that the steel was to be fabricated by the supplier. The tenants did not provide any
of the requested information and no construction had begun as of this date beyond the foundation
of June 2008. At the end of July the tenant was informed by staff that they would begin
termination of the lease. As of this date, staff had still not received the information on the
financing, ordering of the steel or a production schedule. Staff was recommending termination of
the lease.
Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
4.ITEMS FOR INDIVIDUAL CONSIDERATION
Mayor Burroughs stated that Council had a discussion in the Work Session regarding the tabling
of items on an agenda. He asked the City Attorney to address her issues and the proper
procedure to continue items indefinitely when needed.
City Attorney Burgess stated that the current procedure Council was using was proper.
However, there were other procedures which would serve the Council and public just as well. A
continuance procedure could be used to table an item to either a date certain or an event certain.
An item could also be continued indefinitely. Indefinitely would essentially kill the item. If
Council wanted an item to remain alive it should be moved to a date certain or an event certain.
Planning might be ready for the October 6th meeting in regards to Item 4B. Council could leave
the item tabled until that meeting and in the future move to the continuance process.
City of Denton City Council Minutes
September 22, 2009
Page 14
A.Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving an
interlocal cooperation agreement and granting an easement to the DCTA on the Denton
Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an
effective date. The Mobility Committee recommends approval (3-0). (Tabled from March
3, 2009)
This item remained on the table.
B.Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving a
Specific Use Permit to allow for gas well drilling and production on property on a three (3)
acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town
Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood
Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (S09-0006) The
Planning and Zoning Commission recommends approval (4-0). (Tabled from July 21,
2009)
This item remained on the table.
C.Consider adoption of an ordinance of the City of Denton, Texas, authorizing and directing
the City Manager to execute an amendment to expand the scope of activities and extend the
term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009,
as extended and expanded on June 23, 2009, as extended and expanded on September 1,
2009, and as extended and expanded on September 15, 2009 in favor of the Denton County
Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of
certain real property of the City of Denton for the purpose of performing activity as
described in Attachment "A" hereto; and providing and effective date.
Mayor Pro Tem Kamp motioned, Council Member Gregory seconded approve Item C to allow
access by DCTA through November 6, 2009 into the Denton Rail Corridor for work on Phases I,
II, and III, but contingent on:
1. The City Manager reaching an agreement with DCTA to provide that the City is
protected on performance and payment bonds
2.The clearing of engineering comments on the project, as determined by the City
Manager
3. Agreement on warranty on the contractor’s work for a period of two years after
acceptance of the project
4.Work performed within the city of Denton meeting applicable law and regulations.
5.The payment of all required fees.
6.Proof of insurance naming the City as an additional insured.
Robert Donnelly, 3900 Quail Creek Road, Denton, 76208 submitted a speaker card in
opposition. He first questioned the Council making motions before citizens spoke. He indicated
that Section 2 of the ordinance stated that DCTA had to be in compliance with all regulations
including city regulations, mandates, etc. He felt that indicated that DCTA would not start on
the project until all city regulations were met.
City of Denton City Council Minutes
September 22, 2009
Page 15
Council Member Watts questioned that on large phased projects, could a developer be in
compliance with phases or would the entire project have to be in compliance.
City Manager Campbell stated that this was the first project of this type and was unique in many
aspects. He felt it would be impossible to have DCTA have everything along the entire corridor
done before starting the phases.
Council Member Watts assumed that condition 4 meant all of Denton's permitting and
development regulations. Council would be notified of completion as the conditions were met.
On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member
Engelbrecht "aye", Council Member Gregory "aye", Council Member Heggins "aye", Council
Member Mulroy "aye", and Council Member Watts "aye". Motion carried unanimously.
D.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.
Council Member Watts requested a study on a bike lane on Pennsylvania from the Service Road
to Teasley.
Mayor Burroughs requested information on alternatives for bike lanes from UNT to the
downtown area.
Council Member Engelbrecht requested transportations alternatives from UNT/TWU to Rayzor
Ranch.
Council Member Gregory requested information on a sidewalk or bike path for the Singing Oaks
Addition to Lee Elementary School
E.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
There was no continuation of Closed Meeting.
F.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
City of Denton City Council Minutes
September 22, 2009
Page 16
Open Meetings Act.
There was no official action on Closed Meeting Items.
With no further business, the meeting was adjourned at 8:46 p.m.
__________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
__________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 5, 2009
Joint Meeting of the City of Denton City Council and the Denton Independent School District
Board of Trustees on Monday, October 5, 2009 at 11:30 a.m. in the North Branch Library
Community Room, 3020 N. Locust St.
PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council
Member Gregory, Council Member Mulroy, and Council Member Watts.
ABSENT: Council Member Heggins
1.Call to order; announce quorum, introductions.
Mayor Burroughs called the City Council portion of the meeting to order and announced a
quorum of the Council present.
2. The Council received a report and held a discussion regarding the status of the DCTA rail
project.
Dee Leggett, VP-Planning and Communication for DCTA, discussed the realignment of
Robertson Street. Denton streets in the area needed to be realigned for quieter, safer train
movement through the neighborhoods. This would eliminate a potential conflict with vehicular,
pedestrian and bicycle traffic operation; would eliminate the awkward intersection at Jackson
and Robertson; eliminate the need for railroad gates and lights; and eliminate the need for
warning horns, bells and flashing beacons. Three crossings in Denton were considered for
closure: Prairie, Duncan and Robertson Street. Based on initial input from city staff, Council and
area residents, DCTA opted to only pursue the Robertson crossing closure. She reviewed the
traffic impacts for the various alternatives and the costs associated with construction and possible
quite zone location. The final recommendations included (1) realign Robertson Street with Wye
Street, (2) Wye Street would form a T-intersection with Robertson Street, which would continue
south to Morse Street, (3) the existing Jackson Street would be realigned with the remaining part
of Robertson Street and would be renamed as Jackson Street where it intersected with Morse
Street, and (4) DCTA and DISD would work to resolve the loss of parking at the school and the
circulation of bus and school traffic.
Board President Alexander asked for a definition of a “quiet zone”.
Leggitt stated that a train had to blow its horn at every crossing. However, if certain safety
measures were installed such as four gates or a median with gates, the train would not have to
blow the horn.
Alexander stated that would be an important concern due to the proximity of the Fred Moore
School.
Council Member Engelbrecht asked about the ingress/egress on Robertson.
Rod Reeves, DISD Coordinator of Facilities, stated that DCTA and staff were still working on
that issue.
Board Member Rodriguez asked about the impact on Cross Timbers and the school for students.
City of Denton City Council Minutes
October 5, 2009
Page 2
Leggett stated that there would be no impact on Cross Timbers and they were still working with
the DISD in regards to the students.
3. The Council received a report and held a discussion regarding planning for the H1N1 flu
and cooperative efforts between various governmental agencies in Denton County.
Mike Penaluna, Emergency Management Coordinator, stated that the City had established a
health crisis response team. That team would be looking at such issues as identifying critical
employees for the operations of the City and employees working from home if needed. Risk
Management had implemented prevention measures including information on the City’s Intranet.
A table top exercise would be held in the near future to simulate a health crisis.
Dr. Jessica Gullion, Denton County, stated that the State had a stockpile of antiviral medications.
It was expected that the H1N1 vaccine would be available in Denton County in 1-2 weeks with
the first type of vaccine being the live vaccine. She indicated that there would be some mass
vaccine clinics throughout the County.
Mayor Burroughs asked if information on the Tamiflu had been distributed to area doctors.
Gullion replied correct.
Mayor Burroughs felt that some economically disadvantaged people might not have a regular
doctor and might not receive the information. He suggested that the information be provided to
such agencies as the United Way to give out instructions on the flu and the availability of the
Tamiflu.
Board Member Harris asked if there could be immunization clinics at the schools.
Gullion replied that she was working with Jay Thatcher of the County Health Clinic to see if that
would be possible.
Theresa Grant, DISD Director of Health Services, stated that the focus for the DISD was to keep
the schools open, safe and healthy. Their plan involved the action steps to educate, collaborate,
communicate and clean. “Educate” would include students, parents, staff and the community
about the virus. “Collaborate and Communicate” would be among the DISD, County and City.
“Clean” would involve the operations staff as an integral part in infection control. They had
emergency plans in place and were working hard to keeping everyone safe.
Mayor Burroughs asked about the priority administration of the vaccines.
Grant stated that education would be done first on the types of vaccines available and who
should receive which type. The nose mist was a live virus and some people were excluded from
being able receive that type of vaccine. She felt that individuals who came to the clinics for the
vaccine would not be turned away except for medical reasons.
City of Denton City Council Minutes
October 5, 2009
Page 3
4. The Council received a report and held a discussion regarding the status of cooperative
efforts for development projects of governmental entities in the City of Denton.
Howard Martin, Assistant City Manager, stated that there had been good participation in and
discussion of the issue between the City and DISD. The discussions had centered on how to
coordinate projects with the City, DISD and County. He hoped to have a completed draft in the
next several months.
Board President Alexander stated that the Board had looked at this issue and felt it was an
important issue for the DISD and all taxpayers as such cooperative efforts would lead to savings
in construction costs and avoid delays in projects.
5. The Council received a report and held a discussion regarding the CIP programs of both
the city and DISD including the status of any specific sidewalk projects.
Rod Reeves, DISD Coordinator of Facilities, presented an update on DISD projects for Phases I
and II.
Superintendent Braswell indicated that two new schools would be opening this year. There was
no decision on when the next bond sales would be.
Frank Payne, City Engineer, presented updated information on the following projects: Shady
Oaks and Brinker Road, Western Blvd., Hobson Lane/US 377 and FM 1830, and Mayhill Road.
He also provided an update on these sidewalk projects: (1) Bernard Street-Eagle Drive to
Bolivar, (2) Sherman Drive-Carroll to Bolivar, (3) Woodrow Lane-McKinney to Morse, (4)
Pockrus Page-Post Oak Blvd. to Swisher Road, (4) Teasley Lane Pathway, and (5) Ryan Road to
south of Guyer High School.
6. With no further business, the meeting was adjourned at 1:15 p.m.
__________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
___________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
October 6, 2009
Joint Meeting of the City of Denton City Council and the Leadership Team of the City of Denton
on Tuesday, October 6, 2009, at 10:00 a.m. in the Council Work Session Room of City Hall.
PRESENT: Mayor Burroughs; Council Members Engelbrecht, Gregory, Mulroy, and Watts.
ABSENT: Mayor Pro Tem Kamp, Council Member Heggins
1.Council received a report and held a discussion with the Leadership Team concerning the
long, mid, and short term accomplishments, goals, objectives, plans, vision, missions, and values
of the City of Denton as it relates to city services and infrastructure, streets, parks, finances,
budget, planning, zoning and development, environmental issues, technology, public utilities,
taxes, engineering, economic development, codes enforcement, transportation, purchasing,
management, intergovernmental relations, boards, commissions and committees, meetings, and,
without limitation, any and all operations of the City of Denton city government.
Karen Walz, facilitator, reviewed the objectives of the Council’s planning session which
included review past successes, focus on future goal-setting for the community and provide
direction to City staff so they could prepare a strategic plan for the organization. She also
reviewed the agenda topics that were discussed. A set of priority issues was discussed and at the
end of the discussions, Council was polled on the importance of the issues. The ranking of these
issues was reviewed with the staff.
Linda Ratliff, Director of Economic Development, questioned the “Downtown Vitality” scoring
and was it scored lower due to what had already been done in the area.
Mayor Burroughs indicated that the scoring of the issues centered on what areas needed to have
resources channeled to for immediate needs. As far as the downtown area went, it was preserve
what was already done but not necessarily shift resources to the downtown.
Council Member Gregory felt that the City was already a long way there.
Walz stated that the next set of issues dealt with global trends that could affect Denton’s future.
One area, Demographics, was high on the list and indicated that it was an important issue to look
at in the future. It showed that it was important to Denton to be a diverse community.
The Guiding Statements, Vision Statement, Mission Statement and Values Statement were
reviewed by Walz. Discussions also dealt with the most desirable Denton of 2019. Four key
concepts were developed that included (1) Destination Denton, (2) Family Safe, Family Friendly,
(3) Sustainability Leader, and (4) Authentic Character and Heritage.
Potential areas for action included infrastructure, financial resources, natural resources,
downtown, infill, economic base, regional leadership, growing future leaders, partnerships,
effective communication, Denton’s maturing as an urban community, environmental/
sustainability leadership, and cultural assets and diversity.
Ratliff asked about the “growing future leaders”.
City of Denton City Council Minutes
October 6, 2009
Page 2
Council Member Mulroy stated that the discussion included Council having more deliberations
on making board/commission nominations. Council wanted to be more inclusive in the
community and identify talents needed on certain boards and commissions.
Walz continued with strategic issues which were important to be addressed as the City moved
toward the desired future. Specific action steps were detailed which would address the strategic
issues and overall priorities discussed. The action steps included actions by all, by Council, by
Boards and Commissions, by City staff Leadership Team and by other stakeholders.
Council Member Mulroy felt that as a follow up on boards and commissions appointments there
needed to be a dedicated time and attention to those appointments.
Walz stated that the last item dealt with “Additional Items” which were items suggested during
the Session but that did not involve the level of effort that would be needed to carry out the
action steps noted and might contribute to completion of the action steps.
Council Member Gregory stated that during the discussions, he had noted that an area of concern
was that it was difficult to get from north-south without going through floodplain. He felt that
point should have a more prominent location in the report.
Walz stated that while it was in the report, she would move in under “Family Safe-Family
Friendly” for more emphasis.
Council Member Mulroy stated that one of the areas under “Additional Items” involved “a set of
metrics that would provide the basis for action on individual development decisions and create
targets for the balance of development desired in the community”. This was an important item
even though a definitive set of standards was not done at this point.
Mayor Burroughs felt that this was the biggest tool that the Council would have and that
community involvement was needed. The metrics would show that they were moving in the
right direction. It would provide a look back at where the city was in the past and where it
currently was.
Council Member Gregory stated that he would like to see the Council start soon on specific
actions. One topic under “Action by Council” involved community/neighborhood meetings by
Council district. He would like to target some of those meetings between January and February
2010. He felt the meeting could have a short introductory presentation and then ask for citizen
comments. He would like to see some of these done before the May election.
City Manager Campbell stated that staff would prepare a calendar for Council consideration.
Council Member Watts asked about keeping Council up-to-date on their requests.
City Manager Campbell stated that he was working on an informal staff report that would
provide updates on Council items.
City of Denton City Council Minutes
October 6, 2009
Page 3
With no further business, the meeting was adjourned at 11:35 a.m.
___________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
______________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009
DEPARTMENT:
Utilities Engineering
ACM:
Howard Martin, Utilities 349-8232
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance approving a Notice of Site restriction (“NOTICE”) upon a
13.12 acre tract located at 1701 Spencer Road and being within a portion of Lot 2, Block 2,
Municipal Utility Addition, an addition to the City of Denton, recorded as a plat under Document
Number 2009-139, Real Property Records, Denton County, Texas; and providing an effective
date.
BACKGROUND
City staff has been actively pursuing a soil remediation undertaking of a DME equipment storage
area, located within the 1701 Spencer Road DME operations property. The identified site
contained undesirable chemicals, at concentrations levels beyond acceptable limits established
by the State of Texas.
The City engaged the services of the environmental consulting firm, Intera Incorporated (Austin,
Texas), to assist in the effectuation of a successful clean-up event.
To date, all physical soil remediation efforts have been accomplished, however, in order to close
the case file, the Texas Commission on Environmental Quality requires that landowners of
property tracts involving soil remediation endeavors to record a “Notice of Site” document in the
Real Property Records of the county in which the site is located. The intent being that any future
property owner of the subject tract has constructive notice that a soil remediation event has
occurred on that property.
RECOMMENDATION
Staff recommends approval of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action or review.
FISCAL INFORMATION
$51.00 recordation fee
EXHIBITS
Respectfully submitted,
1. Ordinance
2. Location Map
Phil Williams, General Manager
Prepared by Denton Municipal Electric
Paul Williamson
Real Estate Manager
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AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
SUBJECT
accept the public art donation by the Denton Festival Foundation, Inc. of two bronze sculptures
approval
titled Oh, Be Joyful. The Parks, Recreation and Beautification Board recommend with
a vote of 4-0.
BACKGROUND
th
The Denton Festival Foundation, Inc. is celebrating the 30 anniversary of the Denton Arts & Jazz
Festival. The Foundation executive director, Carol Short, is requesting the acceptance of the
donation of the Oh, Be Joyful sculptures by Rosie Sandifer. The sculptures are two sisters gleefully
looking towards the sky and are to be located in the Quakertown Park Garden area.
The City has recently purchased public art sculptures Book A Day from Ms. Sandifer, which will be
displayed at the South Branch Library. After the purchase of the sculptures, the Festival
Foundation, Inc. offered to donate another piece of art from the same artist. Oh, Be Joyful is valued
at $15,000.
RECOMMENDATION
Staff recommends that City Council approve
support of the Public Art Committees recommendation of accepting the public art donation from
the Denton Festival Foundation, Inc. to the City of Denton.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Public Art Committee made recommendation to accept the donation on August 13, 2009.
Parks, Recreation and Beautification Board made recommendation to accept the donation
on September 14, 2009.
Agenda Information Sheet
October 20, 2009
Page 2
EXHIBITS
1.Public Art Committee Meeting Minutes of August 13, 2009
2.Parks, Recreation and Beautification Board Meeting Minutes of September 14, 2009
3.Photograph of Oh, Be Joyful sculptures
Respectfully submitted:
Emerson Vorel
Director
Submitted by:
Janie McLeod
Community Events Coordinator
Public Art Committee Minutes
August 13, 2009
City Hall East Conference Room
Members present: Robyn Lee, Joy Siegmund, Carol Collins, Cheryl Key, Jo Williams, Jack Davis
and Billie Mohair. Members absent: Carol Phillips and Lindsay Keffer. Ex-officio member:
Margaret Chalfant. Staff present: Emerson Vorel and Janie McLeod.
Call to Order
Chair Jo Williams called the meeting to order at 4:08 p.m.
Introduction of New Member
Lindsay Keffer was unable to attend the meeting.
Approval of Minutes of July 9, 2009
. Joy made a motion to approve the minutes and Billie
seconded the motion. The minutes were approved as distributed.
Election of Officers
Billie made a motion to elect Jo Williams as chair and Jack Davis as Vice
Chair. Joy seconded the motion and it was approved by a 7-0 vote.
ACTION ITEMS
Expenditure of Denton Municipal Complex Trust Funds
- At the July meeting the Committee
discussed funds from the Denton Municipal Complex (currently City Hall East) were available for
the purchase of art for that facility.
displayed in City Hall East. Joy seconded the motion and it was approved by a vote of 7-0.
Accept Donations of Art
1) Carol Collins ma
Rob Erdle. Cheryl seconded the motion and it was approved by a vote of 7-0.
2)Jack made a motion to accept a black and white photograph by Barbara Maples and one by
Ida Lansky donated by Burt and Missy Finger owners of the Photographs Do Not Bend
Gallery. Joy seconded the motion and it was approved by a vote of 7-0.
3)The Denton Festival Foundation has offered to donate two sculptures by Rosie Sandifer.
The sculptures Oh, Be Joyful will be displayed in the Quakertown Park. Carol Collins made
a motion to approve the donation request and it was seconded by Robyn. The motion was
approved by a vote of 7-0.
DISCUSSION ITEMS
Dedication of Art at South Branch Library
The Committee agreed to combine the public art
rd
.
Temporary Displays of Public Art
An artist requested to have her work displayed in the City
Council Work Session Room. The Committee discussed the liability, the rotation of artists,
insurance, planning and length of exhibit times, supervision of the requests, and the possible
damage to the walls after displaying the art pieces.
The Committee decided that a policy needs to be developed for temporary displays of art in city
buildings.
Parks, Recreation and Beautification Board Recommendations to City Council
Staff
commented that all four recommendations for public art were approved by the Parks, Recreation
and Beautification Board.
Tour of City Hall East
The Committee toured City Hall East for possible locations for future
public art to be displayed.
Items for Upcoming Meetings
(Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
Public Art Committee 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.)
Develop policy of display of public art
Texas Poet Laureate Project
There being no future business, the meeting was adjourned at 5:12 p.m.
1 DRAFT
Parks, Recreation and Beautification Board
2
Minutes
3
4 September 14, 2009
5 Civic Center Conference Room
6
7
Members present
: Carol Brantley, Vicki Byrd, Mike Simmons, Jennifer Wages
8
Members absent:
Allyson Coe, Derrick Murray, Janet Shelton
9
Staff present:
Emerson Vorel, Aimee Dennis, Amanda Green, Jim Mays, Janie McLeod, Bob Tickner, Mary
10
Aukerman
11
12
With the lack of a Chair or Vice Chair, Emerson Vorel called the meeting to order at 6:02 p.m.
13
14
AWARDS AND RECOGNITIONS:
Emerson presented outgoing Board members, Reggie Heard and Ross
15
Richardson, with a dedicated service award from the Park Board and an appreciation certificate from the Mayor for
16
their years of service.
17
18
APPROVAL OF MINUTES OF August 3, 2009 MEETING:
Emerson asked for any corrections or
19
amendments to the minutes. Hearing none the minutes stand approved as written.
20
21
ACTION ITEMS:
22
f
Emerson
23
adjusting the other items down one. Mike made the motion t
24
considered, Carol seconded the motion and the agenda was amended.
25
26
Donation of Rob Erdle Paintings
f) Jo Williams, Chair of the Public Art Committee, presented to the Park
27
Board the two watercolor paintings being
28
need to be framed. The exact cost of the framing is unknown at this time but it is estimated to be about $250
29
for both prints. It is Ms. Giles intent that the pictures remain in the same facility as the Summer Haze painting
30
purchased for the South Branch Library.
31
32
MOTION:
Jennifer made a motion to recommend to City Council the approval of the
33
recommendation to accept the public art donation from Millie Giles of the two watercolor paintings. Carol
34
seconded the motion and it passed with a vote of 4-0.
35
36
Alcohol Ordinance Revision
a) Section 22-32 of Chapter 22 (Parks and Recreation) of the Code of
37
Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic beverages in the
38
park is being revised to change the name of Civic Center Park to Quakertown Park, and to allow the sale of
39
alcohol in the Civic Center Building and Emily Fowler Library with the approval of the City Manager or his
40
designee, which has historically been the Director of that particular department. The revised ordinance also
41
removes the Senior Center as an option for an alcohol rental. For clarification, this ordinance does not affect
42
d from the City and not considered a City building.
43
44
MOTION:
Mike made a motion to make a recommendation to City Council to approve the revised
45
ordinance allowing for the changes to amend Section 22-32 of Chapter 22 (Parks and Recreation) of the
46
Code of Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic
47
beverages in the parks. Jennifer seconded the motion and it passed with a vote of 4-0.
48
49
Cemetery Ordinance Revision
b) Two ordinances amending Chapter 25 of the Code of Ordinances of the
50
City of Denton, Texas are being presented to the City Council for their approval. The first ordinance will
51
address fees for burial plots in newly opened Section Z at I.O.O.F. Cemetery and will also attach a late fee
52
for failure to obtain a permit prior to burial or erecting a monument or tombstone at both cemeteries. The
1
second ordinance addresses changes to codes, particularly those pertaining to the placement of objects in
2 .
the cemetery, including floral designs and greenery and the removal of such
3
4
MOTION:
Emerson asked for a motion recommending to City Council the approval of the ordinance
5
amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the fees for new burial
6
plots and the late fee for permits. Jennifer made a motion to make the recommendation; Carol seconded the
7
motion and it passed with a vote of 4-0.
8
9
Emerson then asked that a motion be made recommending to City Council the approval of the ordinance
10
amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the provisions for
11
grave markers and floral arrangements, and other items as outlined. Carol made a motion to recommend the
12
changes be accepted; Mike seconded the motion and it passed with a vote of 4-0.
13
14
Chapter 26 Review: Carl Gene Young Sr. and Woodrow Lane Parks Pecan Creek Sanitary Sewer
c)
15
Interceptor I Line Easement
This sanitary sewer line will actually replace an existing line. Work should
16
be done in 60 days from start and should not disrupt use of the park areas during that time. The end result will
17
be well below the surface, as it now is, and will not interfere with use of the park. Any part of the park that is
18
displaced will be returned to the condition in which it was found.
19
20
MOTION:
Jennifer made a motion to recommend to City Council the approval of the ordinance granting
21
approval of a sub-surface use of a portion of Carl Gene Young, Sr. and Woodrow Lane Parks for the
22
purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code,
23
providing for a utility easement. Mike seconded the motion and it passed with a vote of 4-0
24
25
Public Art for City Hall East
d) The Public Art Committee recommends the purchase of two black and
26
white photographs by Carlotta Corpron, an artist with local ties. The cost of each 14 x 11 photograph is
27
$3,500. The remainder of a trust account with approximately $6,000 for the remodel of the Denton Municipal
28
Complex, which is now City Hall East, will be used to help purchase the photographs; the balance will come
29
from 2010 Public Art Hot Funds.
30
31
MOTION:
Carol made a motion to recommend to City Council the
32
recommendation for public art in City Hall East, namely, the purchase of Carlotta Corpron
33
Jennifer seconded the motion and it passed with a vote of 4-0.
34
35
Donation of Public Art by Bert and Missy Finger
e) The Public Art Committee recommends the
36
acceptance of donations of public art by Bert and Missy Finger. The Fingers have offered to donate two 10 x
37
8 black and white photographs from their gallery by artists Barbara maples and Ida Lansky, who have ties to
38
39
raphs. The donated photographs are valued at $2,800 each.
40
41
MOTION:
Mike made a motion
42
recommendation to accept the donation of public art by Bert and Missy Finger; Carol seconded the motion and
43
it passed with a vote of 4-0.
44
45
Oh Be Joyful Sculptures
g) The Public Art Committee
46
recommends the acceptance of the donation of the sculptures from the Denton Festival Foundation, Inc. The
47
sculptures, by Rosie Sandifer, of two young girls with their hands lifted upward will be placed in the garden
48
area of Quakertown Park. The sculpture Book a Day by the same artist was recently purchased for the South
49
Branch Library.
50
51
MOTION:
Carol made a motion t
52
recommendation to accept the donation of public art from the Denton Festival Foundation, Inc. of the Oh Be
53
Joyful sculptures by Rosie Sandifer; Mike seconded the motion and it passed with a vote of 4-0.
54
1
DISCUSSION ITEMS
:
2
Nominations for Chairperson and Vice Chairperson for the Parks, Recreation and Beautification
a)
3
Board
As several new board members were missing at this meeting, this item will be deferred to the
4
next meeting of this Board.
5
6
Before moving on to the Parks Project Status Report,
Emerson asked the Parks and Recreation Department
7
attendees to introduce themselves.
8
9
PARKS PROJECT STATUS REPORT
10
Avondale Park Lighting and Landscape Improvements
The poles are up but the cost of the lights
11
warranted they go out to bid.
12
13
Denton Branch Rail Trail Bridges Project
This project will have a separate bridge which is not part of the
14
commuter bridge that will go over Loop 288.
15
16
Neighborhood Park Design: Preserve @ Pecan Creek, Owsley Park and Wheeler Ridge
Neighborhood
17
meetings will take place to gather citizen input.
18
19
North Lakes Adult Soccer Field Development Project
Jacobs Engineering Group is designing this project.
20
21
Senior Center Renovation and Expansion Project
The Senior Center operations have moved into the new
22
addition. They are now going through asbestos abatement in the main part of the building. The project is now
23
on schedule.
24
25
Unicorn Lake Trail and Landscape Project
The bridge is set, the trail is finished; the landscaping needs to
26
be completed.
27
28
KEEP DENTON BEAUTIFUL UPDATE
29
Aimee explained that KDB is a 501c3 non-profit organization. The City of Denton pays the salaries of the three
30
employees; the remainder is under the control of the non-profit though the Board of Directors.
31
32
An offer had been made to fill the vacant Volunteer Coordinator position.
33
rd
34
Their next events will be the Steam Clean on October 3 at the Civic Center and the Tree GiveAway on October
th
35
24. This year the Tree GiveAway will be 100% pre-registration.
36
37
They are working on a new Strategic Plan, as their current one ends this year.
38
39
PUBLIC ART COMMITTEE MEETING MINUTES
40
The majority of items were Action Items, so no additional comments were expressed.
41
42
With no further business on the agenda, Carol made a motion to adjourn, Jennifer seconded the motion
43
and the meeting was adjourned at 7:23 p.m.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
SUBJECT
accept the donation of two black and white photographs from Burt and Missy Finger, owners of
the Photographs Do Not Bend Gallery. The Parks, Recreation and Beautification Board
recommend approval with a vote of 4-0.
BACKGROUND
Burt and Missy Finger have offered to donate two vintage gelatin silver photographs one by
Barbara Maples and one by Ida Lansky. Both artists had worked closely with Carlotta Corpron
who had Denton connections.
is titled Witchcraft and measures 10 x 8 inches. The donated photographs are valued at $2,800
each.
The three artists (Corpron, Maples and Lansky) made North Texas a surprising stronghold for mid-
th
20 century experimental photography and their works have significant historical value.
The two donated photographs will be displayed with the three purchased Corpron photographs in
City Hall East. The total value of the three purchased and two donated photos is $16,100.
RECOMMENDATION
Staff recommends that City Council approve
accepting the public art donation from
Burt and Missy Finger for the City of Denton.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Public Art Committee made recommendation of artist selection on August 13, 2009.
Parks, Recreation and Beautification Board made recommendation of artist selection on
September 14, 2009.
Agenda Information Sheet
October 20, 2009
Page 2
EXHIBITS
1.Public Art Committee Meeting Minutes of August 13, 2009
2.Parks, Recreation and Beautification Board Meeting Minutes of September 14, 2009
3.Photographs of the Art Work
Respectfully submitted:
Emerson Vorel
Director
Submitted by:
Janie McLeod
Community Events Coordinator
Public Art Committee Minutes
August 13, 2009
City Hall East Conference Room
Members present: Robyn Lee, Joy Siegmund, Carol Collins, Cheryl Key, Jo Williams, Jack Davis
and Billie Mohair. Members absent: Carol Phillips and Lindsay Keffer. Ex-officio member:
Margaret Chalfant. Staff present: Emerson Vorel and Janie McLeod.
Call to Order
Chair Jo Williams called the meeting to order at 4:08 p.m.
Introduction of New Member
Lindsay Keffer was unable to attend the meeting.
Approval of Minutes of July 9, 2009
. Joy made a motion to approve the minutes and Billie
seconded the motion. The minutes were approved as distributed.
Election of Officers
Billie made a motion to elect Jo Williams as chair and Jack Davis as Vice
Chair. Joy seconded the motion and it was approved by a 7-0 vote.
ACTION ITEMS
Expenditure of Denton Municipal Complex Trust Funds
- At the July meeting the Committee
discussed funds from the Denton Municipal Complex (currently City Hall East) were available for
the purchase of art for that facility.
displayed in City Hall East. Joy seconded the motion and it was approved by a vote of 7-0.
Accept Donations of Art
1) Carol Collins ma
Rob Erdle. Cheryl seconded the motion and it was approved by a vote of 7-0.
2)Jack made a motion to accept a black and white photograph by Barbara Maples and one by
Ida Lansky donated by Burt and Missy Finger owners of the Photographs Do Not Bend
Gallery. Joy seconded the motion and it was approved by a vote of 7-0.
3)The Denton Festival Foundation has offered to donate two sculptures by Rosie Sandifer.
The sculptures Oh, Be Joyful will be displayed in the Quakertown Park. Carol Collins made
a motion to approve the donation request and it was seconded by Robyn. The motion was
approved by a vote of 7-0.
DISCUSSION ITEMS
Dedication of Art at South Branch Library
The Committee agreed to combine the public art
rd
.
Temporary Displays of Public Art
An artist requested to have her work displayed in the City
Council Work Session Room. The Committee discussed the liability, the rotation of artists,
insurance, planning and length of exhibit times, supervision of the requests, and the possible
damage to the walls after displaying the art pieces.
The Committee decided that a policy needs to be developed for temporary displays of art in city
buildings.
Parks, Recreation and Beautification Board Recommendations to City Council
Staff
commented that all four recommendations for public art were approved by the Parks, Recreation
and Beautification Board.
Tour of City Hall East
The Committee toured City Hall East for possible locations for future
public art to be displayed.
Items for Upcoming Meetings
(Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
Public Art Committee 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.)
Develop policy of display of public art
Texas Poet Laureate Project
There being no future business, the meeting was adjourned at 5:12 p.m.
1 DRAFT
Parks, Recreation and Beautification Board
2
Minutes
3
4 September 14, 2009
5 Civic Center Conference Room
6
7
Members present
: Carol Brantley, Vicki Byrd, Mike Simmons, Jennifer Wages
8
Members absent:
Allyson Coe, Derrick Murray, Janet Shelton
9
Staff present:
Emerson Vorel, Aimee Dennis, Amanda Green, Jim Mays, Janie McLeod, Bob Tickner, Mary
10
Aukerman
11
12
With the lack of a Chair or Vice Chair, Emerson Vorel called the meeting to order at 6:02 p.m.
13
14
AWARDS AND RECOGNITIONS:
Emerson presented outgoing Board members, Reggie Heard and Ross
15
Richardson, with a dedicated service award from the Park Board and an appreciation certificate from the Mayor for
16
their years of service.
17
18
APPROVAL OF MINUTES OF August 3, 2009 MEETING:
Emerson asked for any corrections or
19
amendments to the minutes. Hearing none the minutes stand approved as written.
20
21
ACTION ITEMS:
22
f
Emerson
23
adjusting the other items down one. Mike made the motion t
24
considered, Carol seconded the motion and the agenda was amended.
25
26
Donation of Rob Erdle Paintings
f) Jo Williams, Chair of the Public Art Committee, presented to the Park
27
Board the two watercolor paintings being
28
need to be framed. The exact cost of the framing is unknown at this time but it is estimated to be about $250
29
for both prints. It is Ms. Giles intent that the pictures remain in the same facility as the Summer Haze painting
30
purchased for the South Branch Library.
31
32
MOTION:
Jennifer made a motion to recommend to City Council the approval of the
33
recommendation to accept the public art donation from Millie Giles of the two watercolor paintings. Carol
34
seconded the motion and it passed with a vote of 4-0.
35
36
Alcohol Ordinance Revision
a) Section 22-32 of Chapter 22 (Parks and Recreation) of the Code of
37
Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic beverages in the
38
park is being revised to change the name of Civic Center Park to Quakertown Park, and to allow the sale of
39
alcohol in the Civic Center Building and Emily Fowler Library with the approval of the City Manager or his
40
designee, which has historically been the Director of that particular department. The revised ordinance also
41
removes the Senior Center as an option for an alcohol rental. For clarification, this ordinance does not affect
42
d from the City and not considered a City building.
43
44
MOTION:
Mike made a motion to make a recommendation to City Council to approve the revised
45
ordinance allowing for the changes to amend Section 22-32 of Chapter 22 (Parks and Recreation) of the
46
Code of Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic
47
beverages in the parks. Jennifer seconded the motion and it passed with a vote of 4-0.
48
49
Cemetery Ordinance Revision
b) Two ordinances amending Chapter 25 of the Code of Ordinances of the
50
City of Denton, Texas are being presented to the City Council for their approval. The first ordinance will
51
address fees for burial plots in newly opened Section Z at I.O.O.F. Cemetery and will also attach a late fee
52
for failure to obtain a permit prior to burial or erecting a monument or tombstone at both cemeteries. The
1
second ordinance addresses changes to codes, particularly those pertaining to the placement of objects in
2 .
the cemetery, including floral designs and greenery and the removal of such
3
4
MOTION:
Emerson asked for a motion recommending to City Council the approval of the ordinance
5
amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the fees for new burial
6
plots and the late fee for permits. Jennifer made a motion to make the recommendation; Carol seconded the
7
motion and it passed with a vote of 4-0.
8
9
Emerson then asked that a motion be made recommending to City Council the approval of the ordinance
10
amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the provisions for
11
grave markers and floral arrangements, and other items as outlined. Carol made a motion to recommend the
12
changes be accepted; Mike seconded the motion and it passed with a vote of 4-0.
13
14
Chapter 26 Review: Carl Gene Young Sr. and Woodrow Lane Parks Pecan Creek Sanitary Sewer
c)
15
Interceptor I Line Easement
This sanitary sewer line will actually replace an existing line. Work should
16
be done in 60 days from start and should not disrupt use of the park areas during that time. The end result will
17
be well below the surface, as it now is, and will not interfere with use of the park. Any part of the park that is
18
displaced will be returned to the condition in which it was found.
19
20
MOTION:
Jennifer made a motion to recommend to City Council the approval of the ordinance granting
21
approval of a sub-surface use of a portion of Carl Gene Young, Sr. and Woodrow Lane Parks for the
22
purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code,
23
providing for a utility easement. Mike seconded the motion and it passed with a vote of 4-0
24
25
Public Art for City Hall East
d) The Public Art Committee recommends the purchase of two black and
26
white photographs by Carlotta Corpron, an artist with local ties. The cost of each 14 x 11 photograph is
27
$3,500. The remainder of a trust account with approximately $6,000 for the remodel of the Denton Municipal
28
Complex, which is now City Hall East, will be used to help purchase the photographs; the balance will come
29
from 2010 Public Art Hot Funds.
30
31
MOTION:
Carol made a motion to recommend to City Council the
32
recommendation for public art in City Hall East, namely, the purchase of Carlotta Corpron
33
Jennifer seconded the motion and it passed with a vote of 4-0.
34
35
Donation of Public Art by Bert and Missy Finger
e) The Public Art Committee recommends the
36
acceptance of donations of public art by Bert and Missy Finger. The Fingers have offered to donate two 10 x
37
8 black and white photographs from their gallery by artists Barbara maples and Ida Lansky, who have ties to
38
39
raphs. The donated photographs are valued at $2,800 each.
40
41
MOTION:
Mike made a motion
42
recommendation to accept the donation of public art by Bert and Missy Finger; Carol seconded the motion and
43
it passed with a vote of 4-0.
44
45
Oh Be Joyful Sculptures
g) The Public Art Committee
46
recommends the acceptance of the donation of the sculptures from the Denton Festival Foundation, Inc. The
47
sculptures, by Rosie Sandifer, of two young girls with their hands lifted upward will be placed in the garden
48
area of Quakertown Park. The sculpture Book a Day by the same artist was recently purchased for the South
49
Branch Library.
50
51
MOTION:
Carol made a motion t
52
recommendation to accept the donation of public art from the Denton Festival Foundation, Inc. of the Oh Be
53
Joyful sculptures by Rosie Sandifer; Mike seconded the motion and it passed with a vote of 4-0.
54
1
DISCUSSION ITEMS
:
2
Nominations for Chairperson and Vice Chairperson for the Parks, Recreation and Beautification
a)
3
Board
As several new board members were missing at this meeting, this item will be deferred to the
4
next meeting of this Board.
5
6
Before moving on to the Parks Project Status Report,
Emerson asked the Parks and Recreation Department
7
attendees to introduce themselves.
8
9
PARKS PROJECT STATUS REPORT
10
Avondale Park Lighting and Landscape Improvements
The poles are up but the cost of the lights
11
warranted they go out to bid.
12
13
Denton Branch Rail Trail Bridges Project
This project will have a separate bridge which is not part of the
14
commuter bridge that will go over Loop 288.
15
16
Neighborhood Park Design: Preserve @ Pecan Creek, Owsley Park and Wheeler Ridge
Neighborhood
17
meetings will take place to gather citizen input.
18
19
North Lakes Adult Soccer Field Development Project
Jacobs Engineering Group is designing this project.
20
21
Senior Center Renovation and Expansion Project
The Senior Center operations have moved into the new
22
addition. They are now going through asbestos abatement in the main part of the building. The project is now
23
on schedule.
24
25
Unicorn Lake Trail and Landscape Project
The bridge is set, the trail is finished; the landscaping needs to
26
be completed.
27
28
KEEP DENTON BEAUTIFUL UPDATE
29
Aimee explained that KDB is a 501c3 non-profit organization. The City of Denton pays the salaries of the three
30
employees; the remainder is under the control of the non-profit though the Board of Directors.
31
32
An offer had been made to fill the vacant Volunteer Coordinator position.
33
rd
34
Their next events will be the Steam Clean on October 3 at the Civic Center and the Tree GiveAway on October
th
35
24. This year the Tree GiveAway will be 100% pre-registration.
36
37
They are working on a new Strategic Plan, as their current one ends this year.
38
39
PUBLIC ART COMMITTEE MEETING MINUTES
40
The majority of items were Action Items, so no additional comments were expressed.
41
42
With no further business on the agenda, Carol made a motion to adjourn, Jennifer seconded the motion
43
and the meeting was adjourned at 7:23 p.m.
éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009
DEPARTMENT:
Parks and Recreation
ACM:
Fred Greene
SUBJECT
lor paintings by Rob Erdle. The Parks,
approval
Recreation and Beautification Board recommend with a vote of 4-0.
BACKGROUND
Ms. Giles has offered to donate two watercolors by Rob Erdle, her late husband. The paintings are
to be displayed in the South Branch Library with his Summer Haze painting, which the City has
already purchased. Ms. Giles requested that the three paintings always be kept together in the same
location. The two paintings are valued at $600 each.
RECOMMENDATION
Staff recommends that City Council approve
to accept the public art donation from
Ms. Giles for the City of Denton.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Public Art Committee made recommendation to accept the donation on August 13, 2009.
Parks, Recreation and Beautification Board made recommendation to accept the donation
on September 14, 2009.
EXHIBITS
1.Public Art Committee Meeting Minutes of August 13, 2009
2.Parks, Recreation and Beautification Board Meeting Minutes of September 14, 2009
3.Photographs of paintings
Respectfully submitted:
Emerson Vorel
Director
Submitted by:
Janie McLeod
Community Events Coordinator
Public Art Committee Minutes
August 13, 2009
City Hall East Conference Room
Members present: Robyn Lee, Joy Siegmund, Carol Collins, Cheryl Key, Jo Williams, Jack Davis
and Billie Mohair. Members absent: Carol Phillips and Lindsay Keffer. Ex-officio member:
Margaret Chalfant. Staff present: Emerson Vorel and Janie McLeod.
Call to Order
Chair Jo Williams called the meeting to order at 4:08 p.m.
Introduction of New Member
Lindsay Keffer was unable to attend the meeting.
Approval of Minutes of July 9, 2009
. Joy made a motion to approve the minutes and Billie
seconded the motion. The minutes were approved as distributed.
Election of Officers
Billie made a motion to elect Jo Williams as chair and Jack Davis as Vice
Chair. Joy seconded the motion and it was approved by a 7-0 vote.
ACTION ITEMS
Expenditure of Denton Municipal Complex Trust Funds
- At the July meeting the Committee
discussed funds from the Denton Municipal Complex (currently City Hall East) were available for
the purchase of art for that facility.
displayed in City Hall East. Joy seconded the motion and it was approved by a vote of 7-0.
Accept Donations of Art
1) Carol Collins ma
Rob Erdle. Cheryl seconded the motion and it was approved by a vote of 7-0.
2)Jack made a motion to accept a black and white photograph by Barbara Maples and one by
Ida Lansky donated by Burt and Missy Finger owners of the Photographs Do Not Bend
Gallery. Joy seconded the motion and it was approved by a vote of 7-0.
3)The Denton Festival Foundation has offered to donate two sculptures by Rosie Sandifer.
The sculptures Oh, Be Joyful will be displayed in the Quakertown Park. Carol Collins made
a motion to approve the donation request and it was seconded by Robyn. The motion was
approved by a vote of 7-0.
DISCUSSION ITEMS
Dedication of Art at South Branch Library
The Committee agreed to combine the public art
rd
.
Temporary Displays of Public Art
An artist requested to have her work displayed in the City
Council Work Session Room. The Committee discussed the liability, the rotation of artists,
insurance, planning and length of exhibit times, supervision of the requests, and the possible
damage to the walls after displaying the art pieces.
The Committee decided that a policy needs to be developed for temporary displays of art in city
buildings.
Parks, Recreation and Beautification Board Recommendations to City Council
Staff
commented that all four recommendations for public art were approved by the Parks, Recreation
and Beautification Board.
Tour of City Hall East
The Committee toured City Hall East for possible locations for future
public art to be displayed.
Items for Upcoming Meetings
(Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the
Public Art Committee 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.)
Develop policy of display of public art
Texas Poet Laureate Project
There being no future business, the meeting was adjourned at 5:12 p.m.
1 DRAFT
Parks, Recreation and Beautification Board
2
Minutes
3
4 September 14, 2009
5 Civic Center Conference Room
6
7
Members present
: Carol Brantley, Vicki Byrd, Mike Simmons, Jennifer Wages
8
Members absent:
Allyson Coe, Derrick Murray, Janet Shelton
9
Staff present:
Emerson Vorel, Aimee Dennis, Amanda Green, Jim Mays, Janie McLeod, Bob Tickner, Mary
10
Aukerman
11
12
With the lack of a Chair or Vice Chair, Emerson Vorel called the meeting to order at 6:02 p.m.
13
14
AWARDS AND RECOGNITIONS:
Emerson presented outgoing Board members, Reggie Heard and Ross
15
Richardson, with a dedicated service award from the Park Board and an appreciation certificate from the Mayor for
16
their years of service.
17
18
APPROVAL OF MINUTES OF August 3, 2009 MEETING:
Emerson asked for any corrections or
19
amendments to the minutes. Hearing none the minutes stand approved as written.
20
21
ACTION ITEMS:
22
f
Emerson
23
adjusting the other items down one. Mike made the motion t
24
considered, Carol seconded the motion and the agenda was amended.
25
26
Donation of Rob Erdle Paintings
f) Jo Williams, Chair of the Public Art Committee, presented to the Park
27
Board the two watercolor paintings being
28
need to be framed. The exact cost of the framing is unknown at this time but it is estimated to be about $250
29
for both prints. It is Ms. Giles intent that the pictures remain in the same facility as the Summer Haze painting
30
purchased for the South Branch Library.
31
32
MOTION:
Jennifer made a motion to recommend to City Council the approval of the
33
recommendation to accept the public art donation from Millie Giles of the two watercolor paintings. Carol
34
seconded the motion and it passed with a vote of 4-0.
35
36
Alcohol Ordinance Revision
a) Section 22-32 of Chapter 22 (Parks and Recreation) of the Code of
37
Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic beverages in the
38
park is being revised to change the name of Civic Center Park to Quakertown Park, and to allow the sale of
39
alcohol in the Civic Center Building and Emily Fowler Library with the approval of the City Manager or his
40
designee, which has historically been the Director of that particular department. The revised ordinance also
41
removes the Senior Center as an option for an alcohol rental. For clarification, this ordinance does not affect
42
d from the City and not considered a City building.
43
44
MOTION:
Mike made a motion to make a recommendation to City Council to approve the revised
45
ordinance allowing for the changes to amend Section 22-32 of Chapter 22 (Parks and Recreation) of the
46
Code of Ordinances of the City of Denton, Texas, relating to possession and consumption of alcoholic
47
beverages in the parks. Jennifer seconded the motion and it passed with a vote of 4-0.
48
49
Cemetery Ordinance Revision
b) Two ordinances amending Chapter 25 of the Code of Ordinances of the
50
City of Denton, Texas are being presented to the City Council for their approval. The first ordinance will
51
address fees for burial plots in newly opened Section Z at I.O.O.F. Cemetery and will also attach a late fee
52
for failure to obtain a permit prior to burial or erecting a monument or tombstone at both cemeteries. The
1
second ordinance addresses changes to codes, particularly those pertaining to the placement of objects in
2 .
the cemetery, including floral designs and greenery and the removal of such
3
4
MOTION:
Emerson asked for a motion recommending to City Council the approval of the ordinance
5
amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the fees for new burial
6
plots and the late fee for permits. Jennifer made a motion to make the recommendation; Carol seconded the
7
motion and it passed with a vote of 4-0.
8
9
Emerson then asked that a motion be made recommending to City Council the approval of the ordinance
10
amending Chapter 25 of the Code of Ordinances of the City of Denton, Texas relating to the provisions for
11
grave markers and floral arrangements, and other items as outlined. Carol made a motion to recommend the
12
changes be accepted; Mike seconded the motion and it passed with a vote of 4-0.
13
14
Chapter 26 Review: Carl Gene Young Sr. and Woodrow Lane Parks Pecan Creek Sanitary Sewer
c)
15
Interceptor I Line Easement
This sanitary sewer line will actually replace an existing line. Work should
16
be done in 60 days from start and should not disrupt use of the park areas during that time. The end result will
17
be well below the surface, as it now is, and will not interfere with use of the park. Any part of the park that is
18
displaced will be returned to the condition in which it was found.
19
20
MOTION:
Jennifer made a motion to recommend to City Council the approval of the ordinance granting
21
approval of a sub-surface use of a portion of Carl Gene Young, Sr. and Woodrow Lane Parks for the
22
purpose of a utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code,
23
providing for a utility easement. Mike seconded the motion and it passed with a vote of 4-0
24
25
Public Art for City Hall East
d) The Public Art Committee recommends the purchase of two black and
26
white photographs by Carlotta Corpron, an artist with local ties. The cost of each 14 x 11 photograph is
27
$3,500. The remainder of a trust account with approximately $6,000 for the remodel of the Denton Municipal
28
Complex, which is now City Hall East, will be used to help purchase the photographs; the balance will come
29
from 2010 Public Art Hot Funds.
30
31
MOTION:
Carol made a motion to recommend to City Council the
32
recommendation for public art in City Hall East, namely, the purchase of Carlotta Corpron
33
Jennifer seconded the motion and it passed with a vote of 4-0.
34
35
Donation of Public Art by Bert and Missy Finger
e) The Public Art Committee recommends the
36
acceptance of donations of public art by Bert and Missy Finger. The Fingers have offered to donate two 10 x
37
8 black and white photographs from their gallery by artists Barbara maples and Ida Lansky, who have ties to
38
39
raphs. The donated photographs are valued at $2,800 each.
40
41
MOTION:
Mike made a motion
42
recommendation to accept the donation of public art by Bert and Missy Finger; Carol seconded the motion and
43
it passed with a vote of 4-0.
44
45
Oh Be Joyful Sculptures
g) The Public Art Committee
46
recommends the acceptance of the donation of the sculptures from the Denton Festival Foundation, Inc. The
47
sculptures, by Rosie Sandifer, of two young girls with their hands lifted upward will be placed in the garden
48
area of Quakertown Park. The sculpture Book a Day by the same artist was recently purchased for the South
49
Branch Library.
50
51
MOTION:
Carol made a motion t
52
recommendation to accept the donation of public art from the Denton Festival Foundation, Inc. of the Oh Be
53
Joyful sculptures by Rosie Sandifer; Mike seconded the motion and it passed with a vote of 4-0.
54
1
DISCUSSION ITEMS
:
2
Nominations for Chairperson and Vice Chairperson for the Parks, Recreation and Beautification
a)
3
Board
As several new board members were missing at this meeting, this item will be deferred to the
4
next meeting of this Board.
5
6
Before moving on to the Parks Project Status Report,
Emerson asked the Parks and Recreation Department
7
attendees to introduce themselves.
8
9
PARKS PROJECT STATUS REPORT
10
Avondale Park Lighting and Landscape Improvements
The poles are up but the cost of the lights
11
warranted they go out to bid.
12
13
Denton Branch Rail Trail Bridges Project
This project will have a separate bridge which is not part of the
14
commuter bridge that will go over Loop 288.
15
16
Neighborhood Park Design: Preserve @ Pecan Creek, Owsley Park and Wheeler Ridge
Neighborhood
17
meetings will take place to gather citizen input.
18
19
North Lakes Adult Soccer Field Development Project
Jacobs Engineering Group is designing this project.
20
21
Senior Center Renovation and Expansion Project
The Senior Center operations have moved into the new
22
addition. They are now going through asbestos abatement in the main part of the building. The project is now
23
on schedule.
24
25
Unicorn Lake Trail and Landscape Project
The bridge is set, the trail is finished; the landscaping needs to
26
be completed.
27
28
KEEP DENTON BEAUTIFUL UPDATE
29
Aimee explained that KDB is a 501c3 non-profit organization. The City of Denton pays the salaries of the three
30
employees; the remainder is under the control of the non-profit though the Board of Directors.
31
32
An offer had been made to fill the vacant Volunteer Coordinator position.
33
rd
34
Their next events will be the Steam Clean on October 3 at the Civic Center and the Tree GiveAway on October
th
35
24. This year the Tree GiveAway will be 100% pre-registration.
36
37
They are working on a new Strategic Plan, as their current one ends this year.
38
39
PUBLIC ART COMMITTEE MEETING MINUTES
40
The majority of items were Action Items, so no additional comments were expressed.
41
42
With no further business on the agenda, Carol made a motion to adjourn, Jennifer seconded the motion
43
and the meeting was adjourned at 7:23 p.m.
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AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009
DEPARTMENT:
Neighborhood Services
ACM:
Fred Greene
______________________________________________________________________________
SUBJECT
Consider adoption of an ordinance authorizing the City Manager or his designee to execute a
Real Estate Contract by and between the City of Denton Texas and CAPFinancial Properties
CV1, LLC a Delaware Limited Liability Company, and any other documents and conveyances
that are necessary to acquire an approximate 15.85 acre tract of real property in the T.M.
Downing Survey, Abstract Number 346, Denton County, Texas, being located approximately
1,700 feet north of McKinney Street on the east side of Audra Lane, and being the lands
conveyed to CAPFinancia
Number 2009-13562, Real Property Records, Denton County, Texas; authorizing the expenditure
of funds therefore; and providing an effective date. (Municipal Purposes)
BACKGROUND
The approximate 15.85 acre tract of land is located north of McKinney Street, with access off of
Audra Lane. It is adjacent to the existing City park facilities (the north side of Mack Park).
Over the course of the last several years, there has been recurring interest to purchase the subject
property tract, to further enhance City programs and services, proximate to existing facilities.
Staff has actively pursued purchase terms in regard to the property tract, however it has been
entangled in foreclosure and bankruptcy proceedings for the last two years, effectively shelving
any sort of conveyance until such time that legal determinations were completed. The tract was
recently conveyed outright to the lender, thus providing staff the opportunity to have substantive
negotiations toward a proposed purchase.
The location, size, topography and pricing of the subject tract lends itself to support an array of
future municipal uses.
RECOMMENDATION
Staff recommends adoption of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
Agenda Information Sheet
October 20, 2009
Page 2
FISCAL INFORMATION
Purchase price of $317,419 and estimated closing costs of $6,000.
BID INFORMATION
None
EXHIBITS
1.Location Map
2.Ordinance
Respectfully submitted,
Emerson Vorel
Director of Parks & Recreation
Prepared by,
Pamela G. England
Real Estate Specialist
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AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009
DEPARTMENT:
City Manager’s Office
CM:
George Campbell, City Manager
SUBJECT
Consider appointing a voting delegate and an alternate voting delegate to the National League of
Cities Annual Congress of Cities.
BACKGROUND
The National League of Cities Annual Business Meeting will be held on Saturday, November 14,
2009 at the conclusion of the Congress of Cities and Exposition in San Antonio. The City of
Denton is entitled to cast two votes at the Annual Business Meeting and the delegate(s) must be
present to vote. Consideration of the voting delegate and alternate voting delegate should
include whether the individual is able to remain a day longer at the conference to participate in
the business meeting.
EXHIBITS
1. NLC Letter
Respectfully submitted:
Jennifer Walters
City Secretary
Exhibit 1
AGENDA INFORMATION SHEET
AGENDA DATE:
October 20, 2009
DEPARTMENT:
City Manager’s Office
CM:
George Campbell, City Manager
SUBJECT
Consider nominations/appointments to the City’s Boards and Commissions.
BACKGROUND
The following boards/commissions require nominations:
Historic Landmark Commission
– a nomination from Council Member Watts and an “All”
position for the entire Council.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
S:\City Secretary\Boards & Comm\Agenda Info Sheet for Vacancies 10-6-09.doc