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September 17, 2013 Minutes CITY OF DENTON CITY COUNCIL MINUTES September 17, 2013 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 17, 2013 at 3:00 p.m. in the Council Work Session Room. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins ABSENT: None 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for September 17, 2013. Council Member Roden noted that Consent Agenda Item A was recommended for approval by the Council Mobility Committee. Council Member Hawkins asked how often the fee would have to be charged for Consent Agenda Item U. City Attorney Burgess indicated that the fee would be discussed in the upcoming Closed Session. Mayor Burroughs asked about Budget Consent Agenda Item 5A on the park fees increase. He asked if a study had been done or was the recommendation done informally. He questioned what the fee increase might do to usage. Emerson Vorel, Director of Parks and Recreation, indicated that there was no study on what the rates would be and that historically staff felt the small increases would not impact the usage. He noted that some of the rates had not been increased in 20 years. 3.Receive a report, hold a discussion and give staff direction regarding a proposed Hotel and Convention Center project. Jon Fortune, Assistant City Manager, stated that his discussion would include a project overview, development agreements, project feasibility process, development steps, agreement elements, financing for Convention Center construction, example of a project proforma and next steps. He st would be presenting a follow-up discussion at the October 1 meeting regarding the financing of the center. Project overview – the project was a collaboration between the city of Denton, O’Reilly Hospitality Management (OHM), O’Reilly Hotel Partners Denton (OHPD) and the University of North Texas. The project would be an Embassy Suites Hotel, a Denton Convention Center and a Houlihan's restaurant. The site was 13.5 acres located on UNT property. The hotel and restaurant would be OHPD funded. The convention center would be City funded. The total project cost was $85 million with $25 million for the convention center and $60 million for the hotel and restaurant. City of Denton City Council Minutes September 17, 2013 Page 2 OHPD would lease the land from UNT for the hotel/restaurant and would be funded and owned by OHPD. OHM would have management of construction and the facilities would be operated by OHM. The hotel would be 12 stories with 318 suites. It would be LEED certified with an element of master agreement. An educational opportunity would be available through the UNT School of Hospitality. The development agreement would allow for a minimum of 9 stories with 275 suites based on economic conditions at the time of construction. Council Member Gregory asked if that was a new element. Fortune stated yes but that OHM was working towards the maximum. Project Overview- Convention Center – the City would lease the land from UNT and would fund and own the convention center. The City was not funding the hotel. OHM would serve as architect and construction manager. There would be a sub-lease for the convention center to OHPD. The convention center would be operated and managed by OHM. The size of the convention center would be approximately 100,000 sq. ft. and would be a single story structure versus a two story structure. A bigger grand ballroom was proposed that would be completely finished out and provide more meeting space. The proposed size was a better fit for the site with a lower profile and visibly less intrusive. These were rough figures that would be more detailed as the design features were worked out. Council Member Gregory stated that at the San Marcos project the food facilities were located closer to the conference center and had a shared space for food prep. It appeared the proposed Denton facility did not have that concept. Fortune stated that the current proposal was a very preliminary concept and that there would probably have some shared concepts for banquets. Mayor Burroughs stated that as the concept currently stood, the actual space for the conference center was separate from food prep, storage, etc. Fortune stated that the focus was on the grand ballroom which was dividable and around the grand ballroom would be smaller break out rooms. Development Agreements - Master Development Agreement – the City and UNT would have a land lease agreement. The City and OHPD would have an agreement for a convention center sub-lease which included an operating agreement for the convention center. OHPD and UNT would enter into a land lease agreement. There would be a professional service agreement with OHM to design the project. There would also be a professional service agreement with OHM for construction management. Council Member Gregory asked if staff had talked with other cities with similar agreements regarding the development agreement. Fortune stated that staff had several models from other cities to look at. This was a unique agreement and bond counsel had been retained to help with the structure of the development agreement. City of Denton City Council Minutes September 17, 2013 Page 3 Project Feasibility Process - the project feasibility process was beneficial as it allowed project participants to determine feasibility before construction, to withdraw from development before closing on bonds or financing before construction, to minimize the level of financial commitment, to obtain preliminary architectural plans, to obtain a guaranteed maximum price for construction proposals, and to further define the details of a TIRZ. Council Member Roden asked about an estimated time for the process from the time the master agreement was signed. Fortune stated that it was about a six month process with a lot dealing with preliminary architectural design. Development Steps – the development steps included: (1) hire an architect and construction manager agent through a contract with OHM, (2) initiate a project design to obtain design development drawings, (3) implement the creation of the TIRZ and determine the level of participation from other governmental entities, and (4) solicit construction proposals for a guaranteed maximum price. Mayor Burroughs asked at what point was the design of the exterior structure finalized and how much influence did the City have in that. Fortune stated that UNT had high design standards as it was on their property. He continued with the development steps: (5) evaluate construction proposals and award guaranteed maximum price contract to be contingent on City funding and include a savings sharing clause, (6) finalize a construction budget, (7) the feasibility period ends and participants determine whether to continue, (8) city initiates the process for the sale of bonds, (9) bond closing and funds available, (10) with funding available, the design was completed, (11) the City hires a project manager, (12) complete the TIRZ creation, (13) begin hotel/convention center marketing, (14) begin construction and (15) open the hotel/convention center. Mayor Pro Tem Kamp asked about whether there were funds set aside in the budget for marketing. Fortune stated that the funds would be available but that there would also be coordination with the Convention and Visitors Bureau on what they would do in terms of marketing. Council Member Gregory stated that the City would have a potential investment of $200,000 in the preliminary design and have another decision to make on whether to continue with the project. At that point the City could withdraw. The most money the City would be out before deciding to continue would be $200,000. Fortune stated that what was anticipated at this point. There would be a decision for all three entities involved, not just for the City. Council Member Gregory expressed concern that UNT had no money in and that after the City agreed to put in the $200,000 they might not want to continue. The same was for OHPD. Fortune stated that OHPD would have an in-house design team that would be spending money. City of Denton City Council Minutes September 17, 2013 Page 4 Council Member Roden asked for an explanation of the ordering for the master development feasibility period. There were two decisions on whether to go forward and questioned why not reverse the agreement order to commit the $200,000 before getting to that. Fortune stated that the primary concern was that it had taken a long time to get to this point and the fear was that once the entities went through the process, if the rules were not known before the start of the project, the rules would have to be done while the project was in progress. Mayor Burroughs asked where in the steps before Step 8 the feasibility aspects of TIRZ would be finalized. Fortune stated that they anticipated some communication and work sessions with the others. There would be some understanding of participation at that level so the OHM group could decide to move forward. Council Member King asked about a ball park figure for the manager agent cost. Fortune stated that it was not known at this point. It may be a percentage of the cost. Agreement Elements - UNT would lease the property to the City with a 50 year lease with two 10 year renewal options. The cost would be $1/year during terms of debt payment for 25 years. After the debt was retired, the rent would be increased to approximately $175,000/yr with adjustments every ten years. The City would sub-lease the property to OHPD. The sublease term would match the UNT lease and included the details for operating the convention center. The rent to the City would equal the amount to guarantee debt payment with the rent to the city beginning in Year 3 of operations. UNT would lease the land to OHPD with a 50 year term and two 10 year renewal options. Rent for years 0-3 would be $1/year of operations. Rent for Year 4 and beyond would be 1.5% of the gross project revenue. The agreement also included coordination with the UNT College of Merchandising, Hospitality and Tourism which might allow a portion of the hotel value to be tax exempt. Council Member Roden questioned when that would be decided. Fortune stated it would be included in the Master Development agreement and the agreement with the franchisee for the hotel. Council Member Roden stated that he would like more information on that aspect as the amount could change each year due to Appraisal District valuation. Fortune stated that right now all of the property was tax exempt so any arrangement would be more beneficial than what currently existed. Mayor Burroughs questioned what would happen to the debt payment if that went up. Fortune stated that there was an obligation either on the rent side or the tax side. He did not feel it would be more than 15% for the school side based on OHM comments. City of Denton City Council Minutes September 17, 2013 Page 5 Council Member Engelbrecht stated that it was not so much coordination but rather usage. He would like specific definitions with regard to how to define it and how use it. Fortune stated that some of those elements were still fluid and that he was not talking about space in the convention center but only in the hotel portion. Financing - Convention Center – the goal would be to have the convention center self- supporting. The City would sell Certificates of Obligation to fund the project and the debt would be supported from the project revenue including OHM rent. A Tax Increment Finance District (TIRZ) would be created which would help ensure that the project was developed. The project would be located on UNT property that was currently tax exempt. The leasehold interest in the hotel would be taxable and would provide an opportunity for participation by the DISD and the County. Debt service would be funded by hotel occupancy taxes related to the development of the project, TIRZ revenue, city sales taxes derived from the project and OHPD lease payments to the City. Fortune presented a proforma example for the next 20 years. Assumptions were (1) a property tax based hotel income at 85% taxable, (2) sales tax based on food and beverage sales from the hotel and restaurant, (3) debt service estimate based on a 5% taxable issue, (4) lease payment assumed TRIZ contribution from the DISD and County, and (5) lease payment assumed an additional City contrition. Council Member Roden felt that the projected occupancy rates might be high for Denton's market. He questioned if the occupancy rates and room rates were lower, was all that risk taken by OHM. Fortune stated yes that if they were lower, the rent payments to the City would go up. Next Steps – next steps included finalizing the development agreement, leases and professional service contract which required Council and UNT Regents approval; starting the feasibility period to initiate the design, the creation of the TIRZ and obtain construction proposals; and conclude the feasibility period. 4. Receive a report, hold a discussion and give staff direction on the Better Block Project. Brian Lockley, Director of Planning and Development, stated that his presentation would include a program background, the process for Denton and the Better Block meeting summary. The Better Block program was started in 2010 and was designed to re-engineer auto dominated, blighted, and underused urban areas and was customized to meet city needs. The Team Better Block led communications, organized stakeholders and coordinated with government authorities. There were eight steps included in the process for an event. The three to four month schedule included (1) public and private space survey, (2) Better Block community build team, (3) the identification of a package, (4) Better Block build plan, (5) Better Block starter kit, (6) Better Block market analysis survey, (7) Better Block event, and (8) Better Block wrap up.. The total cost was $40,000 with each phase containing a project description and specific deliverables. Phase 1 of the program included a public and private space survey and a survey of public and City of Denton City Council Minutes September 17, 2013 Page 6 private spaces, quality of those spaces and areas with redevelopment potential. Phase 2 dealt with Community Build Team which was a group made up of leaders and activists in the community who engage in the build out of the Better Block. Phase 3 identified the package and developed the graphic design elements that would brand the area, the website development, social media, and marketing of the Better Block district. Phase 4 was the build plan which included a rendering of the selected block, a material list, street cross section, cost estimates, and PowerPoint describing the Better Block. Phase 5 was the Starter kit which refined the build plan. Phase 6 included the market analysis which was a tool that surveyed the community to determine what businesses were needed and what could easily be developed by and for the community. Phase 7 was the Better Block which was a living charette that took the community on to the street and began the process of creating a great place. Phase 8 was the Better Block wrap up with a completed study of the project and an outline of next steps for continued growth and promotion of the Better Block area. st Better Block Meeting summary – the City hosted a public meeting on August 21 to determine a level of interest in a Better Block program. There were approximately 100 attendees who were provided a three question survey. Approximately 75 responses were received from the survey. The overall response was that the Better Block program was a good idea; several areas for the project were suggested; and respondents would volunteer or donate money to the project. The suggested locations were mainly focused in central Denton. A point to consider was what would happen at the fringe areas of the blocks after the main area was changed. Mayor Pro Tem Kamp stated that she really loved the concept but was struggling with the amount of money for the project. She questioned if the project were to go forward what kind of time frame would be involved and where would the money come from for the project. City Manger Campbell stated that the project was not included in the proposed budget and was not a supplemental package. There was no source of funding at this time. Depending on the timing, funding could come out of the fund balance if Council wanted to do it in the current budget year. He stated that this was not a project that needed to be decided today. Staff was just interested in whether the Council wanted to continue looking into the project. Council Member Roden stated that the budget allowed $50,000 for the neighborhood improvement program this fiscal year. Lockley stated that there were two applications in progress for up to $10,000 this year. Council Member Gregory stated that the concept was great as it actually went on the street to see how the changes would be rather than just doing it on paper. He felt the project should move ahead and liked the funding concept of using some of the Neighborhood Improvement Program funds. City Manager Campbell stated that the project amount was not a large amount of money that would be an obstacle to the project. Council Member Engelbrecht stated that a metric would be the number of people who participated during all of the phases. That would show how much people were interested in the development of Denton. Another element was the addressing of costs for the public. He felt it City of Denton City Council Minutes September 17, 2013 Page 7 was important to express to the public that on one day each element would cost this much to do this kind of project. Council Member Hawkins stated that as a community, Denton might be able to do some of the items. He suggested looking at that element of doing some of these steps rather than hiring a firm. Consensus of the Council was to move towards the next step for evaluation. 5.Receive a presentation, hold a discussion and give staff direction on the reorganization of the Planning and Development Department. Brian Lockley, Director of Planning and Development, stated that his presentation would include the purpose of the proposal, the department overview and functions, department reorganization, new internal initiative, and Code Enforcement renaming. The purpose of the proposal was to improve on the development and implementation of existing programs and services and to improve the coordination, communication and collaboration between the internal divisions of Planning and Development and other city departments. The Planning and Development Department consisted of five divisions. Those divisions were (1) Planning and Development Review, (2) Building Inspections, (3) Gas Well Inspections, (4) Community Development and (5) Code Enforcement. All activities within the Planning and Development Department were performed in accordance with the goals and objectives of the Denton Plan and the Denton Development Code; the International Building Code, Consolidated Plan for Housing and Community Development and the Denton Property Maintenance Code. The Planning and Development Department also supported the activities of five Council appointed boards or commissions. The department reorganization would be divided into two sections of Development Services and Neighborhood Services. The Development Services section would include Planning and Development Review, Building Inspections and Gas Well Inspections. The Neighborhood Services section would include Community Standards and Compliance, Community Development and the Neighborhood Planning Program. There would be no changes in personnel as existing personnel would be restructured in the reorganization. Two new internal initiatives were proposed. In the Development Services section the initiatives would include a team approach to project management including a project manager, a development review engineer, plans examiner and fire protection specialist. This team would be a team for all of the projects coming before them. A permit center would be created and cross training of front desk staff would be performed. Mayor Burroughs stated that he was glad to hear about the proposed expedited review that would be associated with the creation of a permit center. He felt it would help with quicker inspections and the verification of open items during an inspection. Council Member Gregory questioned if the team approach would have the same plans examiner following the project all the way through. City of Denton City Council Minutes September 17, 2013 Page 8 Lockley stated that was correct. Council Member Hawkins questioned if there would be a person who could help with the process as well as computer access Lockley stated that was the vision for the permit center. The Neighborhood Services internal initiatives included a Neighborhood Resources Team and city departments with program services geared towards neighborhoods. The purpose would be to collaborate on neighborhood programs, share updates and exchange ideas. This would lead to improved implementation of neighborhood programs such as a Denton Neighborhood Academy and a Denton Block Leader Program. Renaming of Code Enforcement- the purpose of the renaming was to improve the perception by some members of the public that the officers were regulators that enforced city ordinances and regulations. Officers worked with citizens to identify property maintenance violations and provide education, resources, and time to gain voluntary compliance. The department was a conduit to connect individuals with the City and other resources to obtain assistance in remedying property issues. Suggested names for the renaming of the department for Council consideration included (1) Community Standards and Compliance Division, (2) Community Services, (3) Community Enhancement Division, or (4) Community Improvement Services Division. Staff was recommending Community Standards and Compliance Division. Council Member Roden was not sure that the proposed name got away from the perception of regulators. “Standards and Compliance” still had that perception. He also felt that the title of “Officer” would still have that perception. Mayor Burroughs was in agreement with Option #4. Mayor Pro Tem Kamp agreed with Council Member Roden on the perception of Community Standards and Compliance Division. Council Member Engelbrecht felt that the big issue was to provide direction on the goals of department from a Council standpoint. There were two issues to consider for goals. One was the law when a violation to moved to a citation and the need to have some teeth for enforcement. The other issue was voluntary compliance. Council Member Hawkins stated that he liked “enhancement” and did not like “compliance and standards”. Council Member King stated that he liked Option #4 and cautioned not to have too much teeth right off the bat which might result in overkill of the issue. Mayor Burroughs stated that the outcome was what was important to improve the look of the community. He suggested emphasizing “assistance” rather than the punitive nature. He felt it City of Denton City Council Minutes September 17, 2013 Page 9 was important to give equal appreciation or sense within the City and the staff just as much credit if a door hanger was used or staff communicated with an individual about a problem. Council Member Roden stated that as the process developed more towards neighborhood improvement programs and away so much from code enforcement, some individuals in the department might be reassigned to other areas to assist citizens. He felt other departments might also be included such as Parks and the Police in the process. Council Member Engelbrecht suggested issuing a thank you to the citizen after the problem was abated. He suggested “Community Improvement and Services Resources Division” for a possible name. Consensus of the Council was to use Option #4 or include the additional wording as suggested by Council Member Engelbrecht. 6.Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14 City Manager's Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. City Manger Campbell stated that this item was only a place holder if Council needed more budget discussion. Mayor Pro Tem Kamp asked if funding was included for the Park Foundation position. Chuck Springer, Director of Finance, stated correct and that all the optional items presented at the last meeting were included in the budget. Council Member Roden recommended that during the next budget cycle, creative ways be explored for other options to a tax increase and not cut all supplemental packages. Following the completion of the Work Session, the Council convened into a Closed Meeting to consider the following: 1. Closed Meeting: A.Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 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. This item was not considered. City of Denton City Council Minutes September 17, 2013 Page 10 B.Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Tetra Pak with respect to expansion of a manufacturing facility and development of a national headquarters facility. This discussion shall include commercial and financial information the City Council has received from Tetra Pak which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. C.Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, and generally located in the 2500 block of East McKinney Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 2.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, and generally located at the south east and north east corners of Loop 288 and Locust Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. City of Denton City Council Minutes September 17, 2013 Page 11 3.Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, and located generally in the 2200 Block of South Bonnie Brae Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 4.Discuss, deliberate, and receive further information regarding the purchase of certain real property interests located in the R.H. Hopkins Survey, Abstract No. 1694, City of Denton, Denton County, Texas, and generally located along the 1800 block of Colorado Boulevard and the 1500 block of Angelina Bend Drive. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. D.Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Receive a report and hold a discussion with the City's attorneys regarding the contract between the City of Denton and Ecotality Inc., dated September 18, 2012 where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 2. Consult with City's attorneys regarding Item # 5U of the September 17, 2013 Regular Meeting Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. E.Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. City of Denton City Council Minutes September 17, 2013 Page 12 1.Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. 2.Review and discuss the duties and goals for the City Manager, City Attorney, and Municipal Judge. This item was not considered. Regular Meeting of the Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney, Denton, Texas. 1. PLEDGE OF ALLEGIANCE The Council and members of the public recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Blood Cancer Awareness Month Mayor Burroughs presented the proclamation for Blood Cancer Awareness Month. 2. Constitution Week Mayor Burroughs presented the proclamation for Constitution Week. 3. CITIZEN REPORTS There were no citizen reports for this section of the meeting. 4. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2013-225 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 2013, on all taxable property within the corporate limits of the city on January 1, 2013, and adopting a tax rate of $0.68975 per $100 of valuation for 2013; 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 City of Denton City Council Minutes September 17, 2013 Page 13 enforcement of collections; providing for a severability clause; and providing an effective date. Chuck Springer, Director of Finance, presented the information concerning the levying of the property tax. This ordinance would also include an increase in over 65 exemption to $50,000. Council Member Hawkins motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins – “aye”. Motion carried unanimously. Ordinance No. 2013-226 B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2013 tax rolls; and providing an effective date. Chuck Springer, Director of Finance, stated that this ordinance was a requirement of State law. In order to levy the tax rate, Council had to approve the tax roll. Council Member Gregory motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins – “aye”. Motion carried unanimously. Ordinance No. 2013-227 C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2013-2014 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014; and declaring an effective date. Chuck Springer, Director of Finance, stated that this item would approve the proposed budget for th all city services. The proposal included the changes recommended by Council on September 10 including a separate fund for the Downtown Reinvestment Fund. Mayor Burroughs noted that there was a Speaker Card submitted for this item. Dan King, President of Mayday Manufacturing, spoke support of the budget. Mayor Pro Tem Kamp motioned, Council Member Hawkins seconded to adopt the ordinance. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins – “aye”. Motion carried unanimously. Ordinance No. 2013-228 D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2013-14 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal City of Denton City Council Minutes September 17, 2013 Page 14 year beginning October 1, 2013, and ending on September 30, 2014 when the Budget will raise more revenue from property taxes than last year's budget; and providing an effective date. Chuck Springer, Director of Finance, stated that State law required approval of this ordinance when any budget raised revenue that exceeded the prior year. A separate motion was needed to ratify the budget. Council Member Roden motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins – “aye”. Motion carried unanimously. 5. BUDGET CONSENT AGENDA Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the Budget Consent Agenda and accompanying ordinances and resolution with the substitute Alternate 2 version of the ordinance for Item U. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins – “aye”. Motion carried unanimously. Ordinance No. 2013-229 A. Consider adoption of an ordinance adopting a schedule of fees for use of certain park facilities; superseding all prior fees in conflict with such schedule and providing for severability and an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). Ordinance No. 2013-230 B.Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of Rates for Solid Waste Service contained in Ordinance No. 2012- 212. 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 and Recycling Service; providing for the amendment to the Residential Refuse and Recycling Collection Services Rates and Provisions (Schedules SWR and SWRR); amending the Multi-Family Household Item Collection Services Rates and Provisions (Schedule MFR and SWMFS); amendment to the Commercial Solid Waste Refuse Collection Services and Dumpster Rates (Schedule SWC); amendment to the Commercial Recycling Services Rate and Provisions (Schedule SWCR); amendment to the Construction, Deconstruction, and Demolition Materials Services Rate and Provisions (Schedule SWC&D); an amendment to the Sanitary Landfill Services Processing and Disposal Rates and Provisions (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (6-0). City of Denton City Council Minutes September 17, 2013 Page 15 Ordinance No. 2013-231 C.Consider adoption of an ordinance amending the schedule of electric rates contained in Ordinance No. 2012-209 for electric service; amending the provisions of the Residential Service Rate Schedule (Schedule RES); amending the provisions of the Residential Renewable Energy Service Rider (Schedule RG); adding the provisions of the Residential Prepaid Service Schedule (Schedule RPP); amending the provisions of the General Service Small Schedule (Schedule GSS); amending the provisions of the General Service Medium Schedule (Schedule GSM); amending the provisions of the General Service Large Schedule (Schedule GSL); amending the provisions of the General Time of Use Schedule (Schedule TGS); amending the provisions of the Local Government Small Schedule (Schedule G2); amending the provisions of the Local Government Schedule (Schedule G1); amending the provisions of the Weekend Service Schedule (Schedule WK); amending the provisions of the Athletic Field Schedule (Schedule AF); amending the provisions of the Street Lighting Schedule (Schedule LS); amending the provisions of the Traffic Lighting Schedule (Schedule LT); amending the provisions of the Unmetered School Zone/Crossing Flashers Schedule (Schedule UFL); amending the provisions of the Unmetered Traffic Lights Schedule (Schedule ULT); amending the provisions of the Unmetered Security Camera Schedule (Schedule USC); amending the provisions of the Other Lighting Schedule (Schedule LO); amending the provisions of the Security Lighting Schedule (Schedule DD); amending the provisions of the Decorative Downtown Lighting Schedule (Schedule DDL); amending the provisions of the Non Standard Street Lighting Schedule (Schedule DSL); amending the provisions of the Temporary Service Schedule (Schedule T1); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-232 D.Consider adoption of an ordinance amending the schedule of engineering fees contained in Ordinance No. 2012-210; providing a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-233 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. 2012-211; amend meter reconnection process charge; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-234 F.Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2012-213; providing for an amendment in the rates for residential wastewater service (Schedule SR); amending the mobile home park wastewater service (Schedule SMH); amending the commercial and industrial wastewater service (Schedule SC); amending the commercial/industrial City of Denton City Council Minutes September 17, 2013 Page 16 wastewater service which measures with dedicated water meters (sub- meters) (Schedule SCD); amending the commercial /industrial wastewater service which measures with dedicated water meters (sub-meters) (Schedule SCS); amending the septage & chemical toilet disposal at the pecan creek water reclamation plant septage transfer station (Schedule SCH); amending the equipment services facilities and restaurant & food service establishments wastewater service (Schedule SEE); amending the metered wastewater inside and outside corporate limits (Schedule SM); amending the sale of treated wastewater effluent (Schedule SGE); amending the wholesale wastewater treatment service (Schedule SSC); amending the wastewater tap and manhole fees (Schedule ST); amending the collection and transportation services permit (Schedule SWP); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-235 G.Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance No. 2012-214 for water service rates and water rates; amending the residential water service rate (Schedule WR); amending the commercial/industrial water service rate (Schedule WC); amending the metered water from fire hydrant rate (Schedule WFH); amending the wholesale treated water service rate to the Upper Trinity Regional Water District (Schedule WW); amending the wholesale raw water service rate to Upper Trinity Regional Water District (Schedule WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); amending the water tap and meter fees; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-236 H. Consider adoption of an ordinance adopting a new Section 2-160 of the City Code which establishes a maximum fine cap for overdue Library items when items are returned in good condition; repealing all ordinances in conflict therewith; providing a severability clause; providing for a penalty clause; and providing for an effective date. The Library Board recommends approval (4-0). Ordinance No. 2013-237 I. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, establishing a Downtown Reinvestment Fund; defining and committing certain revenues of the City; providing a severability clause; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2013-238 J.Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of nine (9) Chevrolet Tahoes for the City of Denton Police Department; providing for the expenditure of funds therefor; and providing an effective date (File 5335-awarded to Johnson Grayson Automotive, Inc in the amount of $245,706.75). City of Denton City Council Minutes September 17, 2013 Page 17 Ordinance No. 2013-239 K.Consider adoption of an ordinance awarding a contract for the purchase of software maintenance for the City of Denton for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) software as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-VPC-03-018; providing for the expenditure of funds therefor and providing an effective date. (File 3100 awarded to Oracle America, Inc. in the three (3) year not-to-exceed amount of $550,000). Ordinance No. 2013-240 L. Consider adoption of an ordinance awarding the expenditure of funds for service and support for the City of Denton for continued vendor support of wireless access for mobile data computers and devices as awarded by the State of Texas Department of Information Resources (DIR) Contract Number DIR-SDD-1777; providing the expenditure of funds therfor and providing an effective date (File 3561 awarded to AT&T Mobility in the three (3) year not-to-exceed amount of $886,207). Ordinance No. 2103-241 M. Consider adoption of an ordinance awarding a contract for the purchase of security products and continued vendor support of the Palo Alto Firewall software as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1855; providing for the expenditure of funds therefor and providing an effective date. (File 4970- awarded to Solid Border, Inc. in the three (3) year not-to-exceed amount of $300,000). Ordinance No. 2013-242 N. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Geographic Information System (GIS) software, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3880 awarded to Environmental Systems Research Institute (ESRI) in the three (3) year not-to- exceed amount of 210,000). Ordinance No. 2013-243 O. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Denton Municipal Electric (DME) Interactive Voice Response and associated software modules along with new hardware and software upgrades, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3881 awarded to Milsoft Utility Systems in the three (3) year not-to- exceed amount of $260,000). City of Denton City Council Minutes September 17, 2013 Page 18 Ordinance No. 2013-244 P. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the TriTech Public Safety System and associated modules used for Police and Fire Department Dispatching and Records Management, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 2640 awarded to TriTech Software Systems in the three (3) year not-to-exceed amount of $700,000). Ordinance No. 2013-245 Q. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software subscription for the continued product upgrades and support of Summation 360, a hosted solution for the Tele- Works System, which is available from only one source and in accordance with Chapter 252.022 of the Texas local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3869 awarded to Tele-Works, Inc. in the three (3) year not-to-exceed amount of $260,000). Ordinance No. 2013-246 R. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Municipal Court Incode software and hosted Insite web service, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4771 awarded to Tyler Technologies, Inc. in the three (3) year not-to-exceed amount of $260,000). Ordinance No. 2013-247 S. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the hosted Millennium Library System and associated hardware and software modules, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3224 awarded to Innovative Interfaces, Inc. in the three (3) year not-to- exceed amount of $295,000). Resolution No. R2013-029 T.Consider approval of a resolution approving the City of Denton's Strategic Plan and Key Performance Indicators for FY 2013-14; and providing for an effective date. City of Denton City Council Minutes September 17, 2013 Page 19 Ordinance No. 2013-248 U.Consider adoption of an ordinance of the City of Denton, Texas setting Planning and Development Fees and Road Damage Remediation Fee Calculation Formula relating to gas well drilling and production in the City of Denton and its Extraterritorial Jurisdiction; repealing Section 2 of Ordinance 2011-100; and setting an effective date. 6. CONSENT AGENDA Council Member King motioned, Council Member Hawkins seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins – “aye”. Motion carried unanimously. Ordinance No. 2013-249 A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Third Amendment to Right of Entry and possession, by and between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain right of entry and possession, between the City and DCTA, dated April 17, 2012, Ordinance 2012-072, granting DCTA access to the Downtown Denton Transit Center ("DDTC) and certain lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract Number 1184, to conduct public transportation related operations; and providing an effective date. Ordinance No. 2013-250 B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Contract of Sale (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Brian Carter and Brenda Carter (the "Owner"), and the City of Denton, (the "City"), regarding the sale by Owner and purchase by the City of a fee interest in land consisting of 1.127 acres being situated in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, located generally in the 2500 block of East McKinney Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, the "Project", for the purchase price of One Hundred Forty-Two Thousand Three Hundred Sixty Seven Dollars and 15/100 ($142,367.15); as prescribed in the Contract of Sale; authorizing the City Manager or his designee to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-251 C. Consider adoption of an ordinance of the City of Denton, Texas approving a Contract of Sale (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Floyd Lee Phillips (the "Owner"), and the City of City of Denton City Council Minutes September 17, 2013 Page 20 Denton (the "City"), regarding the sale by Owner and purchase by the City of a fee interest in land consisting of 1.127 acres being situated in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, located generally in the 2500 block of East McKinney Street, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures (herein the "Project"), for the purchase price of Twelve Thousand Two Hundred Seven Dollars and 75/100 ($12,207.75); authorizing the City Manager or his designee to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-252 D. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple title in the surface estate only with surface restrictions for mineral owner(s) to a 1.127 acre tract situated in the T.M. Downing Survey, Abstract No. 346, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached hereto and made a part hereof, located generally in the 2500 block of East McKinney Street, (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission systems, and constructing substation infrastructure; authorizing the City Manager or his designee to make an offer to (1) the Heirs of Annie Bell Jenkins, James William Tyson, Nettie Jane Nickless, being the heirs of the estate of Robert Lee Tyson, and Shirley Jeannene Wright McCrory, Independent Executor of the estate of Ruthie Frances Tyson Wright, deceased (collectively, the "Owner"); (2) successors in interest to the owner to the property interests; or (3) any other owners of the property interests, as may be applicable, to purchase the property interests for the purchase price of One Hundred Forty Six Thousand Four Hundred Ninety Three dollars and no cents ($146,493.00) (proportionate to each owner), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached hereto and made a part hereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6- 0). Ordinance No. 2013-253 E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute an Easement Purchase Agreement (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Melvin R. Haisler, Mary Ann McCutcheon, J.B. Haisler, Jr., individually and as Trustee of the J.B. Haisler, Jr. Trust (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of two easements consisting of 6.841 and 0.173 acres, respectively, being situated in the Thomas Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, located generally on the south and north sides of S.H. Loop 288, respectively, east of Farm to Market Road 2164, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission City of Denton City Council Minutes September 17, 2013 Page 21 and distribution lines, facilities, and structures (herein, the "Project"), for the combined purchase price of Six Hundred Seventy Thousand and No/100 Dollars ($670,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the easement purchase agreement; authorizing the expenditure of funds, therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). Approved the Noise Exception requested below. F. Consider a request for an exception to the Noise Ordinance for the purpose of the 3rd Annual Komen North Texas Denton Race for the Cure to be held in South Lakes Park Saturday, September 28, 2013, from 6 a.m. to 11 a.m. Amplified sound is needed for public announcements regarding race times and to play music during event. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval of request. Ordinance No. 2013-254 G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a funding agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend Home Investment Partnership Program funds with respect to the agreement; and providing for an effective date. Ordinance No. 2013-255 H. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for concrete repair and installation services including curb and gutter replacement and flat work for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5241-awarded to Floyd Smith Concrete, Inc. in the not-to-exceed amount of $10,000,000). Ordinance No. 2013-256 I. Consider a recommendation to the City Council to adopt an ordinance rejecting any and all competitive proposals for RFP 5218-Hangar Development at the Denton Enterprise Airport for the City of Denton, or take other appropriate action with regard to such proposals; and providing an effective date. The Council Airport Committee recommends approval (2-0). Ordinance No. 2013-257 J. Consider adoption of an ordinance approving the expenditure of funds for a three (3) year contract with Motorola Solutions, Inc. for maintenance services for radio communications network equipment for Denton Municipal Electric (DME) available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4823-Purchase of Three (3) Year Maintenance Services for Radio Communications Network for DME in the annual amount of $31,999.92, for a City of Denton City Council Minutes September 17, 2013 Page 22 three (3) year not-to-exceed total of $95,999.76. The Public Utilities Board recommends approval (6-0). Ordinance No. 2013-258 K. Consider adoption of an ordinance approving a Third Amendment to a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and Alan Ritchey, Inc. for assignment to Nebrig Properties, L.P.; and providing an effective date. The Council Airport Committee recommends approval (2-0). Approved the minutes listed below. L.Consider approval of the minutes of: August 13, 2013 August 20, 2013 Ordinance No. 2013-259 M.Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement with the City of Corinth, Texas under Section 791.011 of the Texas Government Code, to authorize the City of Denton to provide various Information Technology resources for the City of Corinth; authorizing the acceptance of funds from the City of Corinth therefor; and declaring an effective date (File 3839-Interlocal Agreement with the City of Corinth). Resolution No. 2013-030 N.Consider approval of a resolution of the City of Denton, Texas calling a public hearing to consider establishing a Reinvestment Zone XI for Tetra Pak, ratifying prior actions, and declaring an effective date. Ordinance No. 2013-260 O.Consider adoption of an ordinance awarding a contract for the purchase of a Networked Video Surveillance Camera System for the City of Denton Service Center and additional locations as needed, as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1722; providing for the expenditure of funds therefor and providing an effective date (File 5233-awarded to Sigma STS 360, LLC in the not-to-exceed amount of $221,307). 7. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nominations/appointments to the City's Boards & Commissions. 1. Community Development Advisory Committee 2. Historic Landmark Commission 3. Human Services Advisory Committee 4. Public Art Committee 5. Zoning Board of Adjustment City of Denton City Council Minutes September 17, 2013 Page 23 The following individuals were nominated: Community Development Advisory Committee – Jodi Vicars-Nance Historic Landmark Commission – Peggy Riddle; Alyssa Stevenson Human Services Advisory Committee – Anita Martinez Strickland Council Member King motioned, Council Member Engelbrecht seconded to approve the nominations. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins – “aye”. Motion carried unanimously. 8. PUBLIC HEARINGS There were no public hearings for this meeting. 9. CITIZEN REPORTS There were no citizen reports for this section of the meeting. 10. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Pro Tem Kamp invited citizens to the Blues Fest on Saturday and Sunday. Council Member King invited citizens to the Wild Beast Feast coming later in September. B.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. City of Denton City Council Minutes September 17, 2013 Page 24 With no further business, the meeting was adjourned at 7:59 p.m. _____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS