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October 20, 2009 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 20, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, October 20, 2009 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, and Council Member Mulroy. ABSENT: Council Member Heggins and Council Member Watts. 1. Requests for clarification of agenda items listed on the agenda for October 20, 2009. Council Member Gregory stated that consent item 3B was a purchase order through the H-GAC and Buy Board Cooperative Purchasing Network. He asked whether the dealers in the Denton area were given the opportunity to bid on these. Karen Smith, Senior Buyer, stated that Denton dealers were given the opportunity to bid but there was not a great response from the local dealers. Council Member Mulroy had a question about consent item 3D. He stated it was a professional services agreement for hydrogeological consulting and analytical services, which was appropriate for a professional services agreement. He stated that paragraph 4 expanded the scope to install five gas extraction wells for the generation project. The expanded scope did not seem to be consulting or analytical services and Mulroy questioned whether the gas well drilling was really part of the professional services agreement. He stated that he could not vote with the language presented. He requested that the item be pulled from consent and be brought back at another Council meeting. Mayor Burroughs had a question about consent item 3E – electrical energy transmission fees. He wanted to know what it was actually paying for. Phil Williams, General Manager of Electric, explained that the transmission charges were divided over all load-serving entities (ERCOT) and this was the City’s share of the costs and was paid directly to the entities that provided the transmission service. 2. Receive a report, hold a discussion and give staff direction on the City of Denton’s property tax exemption for designated historic sites. Bryan Langley, Director Finance, stated that at the September 15th council meeting, the Council discussed the partial tax exemption for designated historic sites and directed staff to review the proposals with the Historic Landmark Commission for consideration. The Council also directed staff to consult with the HLC regarding an appropriate minimum investment amount. 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 City of Denton City Council Minutes October 20, 2009 Page 2 demonstrate a minimum investment of $10,000 for two years prior to designation as a historic site in order to qualify for the exemptions. (b) Previously designated properties must demonstrate additional minimum investments of $10,000 before being granted additional 10 year exemptions. 3) The Commission would define qualifying minimum investments, which must be for permanent improvements or restoration projects. General consensus of the Council was to proceed with the HLC’s recommendation. Council went into Closed Meeting at 4:31 p.m. : 1. Closed Meeting Council Member Mulroy motioned, Council Member Engelbrecht seconded that it was appropriate for Council to meet in Closed Session under 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", and Council Member Mulroy "aye". Motion carried unanimously. 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 Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th 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. City of Denton City Council Minutes October 20, 2009 Page 3 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. Regular meeting of the Denton City Council on October 20, 2009 in the City Council Chambers. 1.PLEDGE OF ALLEGIANCE Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations for this meeting. 3.CONSENT AGENDA Council Member Mulroy motioned, Mayor Pro Temp Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with a correction to the October 5 minutes and removing Item D from the Consent Agenda. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. City of Denton City Council Minutes October 20, 2009 Page 4 Ordinance No. 2009-258 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). Ordinance No. 2009-259 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). Ordinance No. 2009-260 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). This item was not considered. 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). Ordinance No. 2009-261 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). City of Denton City Council Minutes October 20, 2009 Page 5 Approved the minutes. F. Consider approval of the minutes of: September 22, 2009 October 5, 2009 October 6, 2009- Leadership Team Ordinance No. 2009-262 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) Approved the Parks, Recreation and Beautification Board's recommendation. 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). Approved the Parks, Recreation and Beautification Board's recommendation. 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). Approved the Parks, Recreation and Beautification Board's recommendation. 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 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. Ordinance No. 2009-263 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 City of Denton City Council Minutes October 20, 2009 Page 6 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) Emerson Vorel, Director of Parks and Recreation, stated that the City had the opportunity to purchase this property at a good price and some of the funding would come out of park gas well funds. He stated this property was adjacent to Mack Park, and it would be used to further enhance City programs and services. Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to approve the ordinance. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. C. Consider the appointment of a voting and alternate voting delegate to the National League of Cities Annual Business Meeting. Council Member Mulroy motioned, Council Member Gregory seconded to appoint Mayor Burroughs voting delegate and Council Member Heggins alternate voting delegate. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. D. Consider nominations/appointments to: 1. Historic Landmark Commission Mayor Pro Tem Kamp nominated Murray Ricks to an All position on the Historic Landmark Commission. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", and Council Member Mulroy "aye". Motion carried unanimously. 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. City of Denton City Council Minutes October 20, 2009 Page 7 Ms. Elling briefed the City Council on the condition of Buena Vista Street and the need for repairs and asked the City Council to see if they could do something about it. b. Sara Marotto with the Oaks of Montecito regarding their easement, flooding, drainage, dead trees and investment properties. Ms. Marotto stated she would have to re-schedule her report. c. Richard Gonzalez regarding permit prices of advertisement signs and banners. Mr. Gonzalez was not present at the meeting. d. Sarah Richey regarding the bicycle/pedestrian lane on Pennsylvania Drive. Ms. Richey stated that she would like the City to look into installing a 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 Council Member Mulroy requested the City Manager follow-up on the first citizen report and look into what the City could do to expedite the repairs. Mayor Burroughs requested the City Manager follow-up on the first citizen report and look into who built the street and if the specifications were met. Mayor Pro Tem Kamp requested that the City Manager follow-up on the bicycle/pedestrian lane on Pennsylvania Drive. Mayor Pro Tem Kamp stated that new council members might benefit from a visit to a transit- oriented development that’s already been established. Council Member Engelbrecht stated that some time ago he had requested a definition of a sidewalk and a hike/bike trail. He wanted to add to that request a definition for a bicycle/pedestrian lane. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Minutes October 20, 2009 Page 8 There was no official action taken on Closed Meeting items. With no further business, the meeting was adjourned at 6:54 p.m. ________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ________________________________ JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS