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January 07, 2014 Minutes CITY OF DENTON CITY COUNCIL MINUTES January 7, 2014 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 7, 2014 at 3:00 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 King, Council Member Roden, and Council Member Hawkins. ABSENT: None 1. Citizen Comments on Consent Agenda Items Carol Beckham stated that she was speaking for Mr. Helms who was opposed to the amount of the offer as noted in Consent Agenda M. They had submitted a counteroffer and she wanted to make sure that it was received by the City. They had been through condemnations before and if that was what was necessary, then that was what they would go through. Wilma Haggard spoke regarding Consent Agenda Item L. She asked why she had not received a notice regarding the council meeting. 2. Requests for clarification of agenda items listed on the agenda for January 7, 2014. Council Member Gregory asked for a staff member to explain the procedures when making offers for property. Paul Williamson, Real Estate and Capital Support Manager, stated that staff would get an authorization from Council to extend offers to the property owner. Staff needed authorization to engage the property owners. The State statutes required the City to make an offer to the property owners which the property owner could accept. Council Member Gregory asked about the process for notification of the property owners and how the value of the property was determined. Williamson explained the process for notification and how the property value was determined based on an appraisal. Council Member Gregory stated that the maps in the backup materials for Consent Items O and P showed houses on the properties. If the sale was completed, he questioned what would happen to the structures. Williamson stated that one of homes had a tenant who would be eligible for relocation assistance. He would be able to remain in the home until the lease expired. Council Member Gregory suggested considering moving the homes to another location for renovation such as through Habitat for Humanity. Council Member Roden felt that it was a good move to include the Superintendent of ISD on the EDP Board as indicated in Consent Agenda I but questioned why it would be an ad hoc position and not a full voting member. City of Denton City Council Minutes January 7, 2014 Page 2 Mayor Burroughs stated that it was his suggestion to have a representative of the ISD on the Board. It was his understanding that they did not participate in the economic incentive programs. However, the purpose of the position was recognized to be complimentary to use ISD resources to attract business but not necessarily to engage in an active program to committing resources. 3. Receive a report, hold a discussion and give staff direction on the initiation of the Better Block Program. Brian Lockley, Director of Planning and Development, presented the background information on the issue which was a follow-up to the discussion held in September. He reviewed a summary of the event, the process for Denton, timeframe, cost and project details. He also reviewed the summary of the public meeting held on August 21, 2013. The process for the event included an 8 step process which would take about 3-4 months. The cost of the program was $40,000. Each phase contained project descriptions and specific deliverables. Lockley reviewed the Better Block program which was done by the City of Fort Worth. However, it would be different in Denton as the Fort Worth program centered more on activities of the city rather than the future of the area. Suggested Better Block Demonstration project locations were shown which were located around the City. Each location would have to be studied in order to get the most out of the funding for the project. The amount of time spent from staff in relation to the actual cost would be less as the consultant would be performing many of the tasks. Council Member Roden asked if there were locations staff had in mind that the community also had in mind. Lockley stated that he would like to focus on the downtown area due to the current revitalization of the area. Council Member Roden asked if the consultant would do a walkthrough on how a final decision would be made on a site between community members, staff and the consultant. Lockley stated that they would look at a number of different options and present those to Council for a decision. The location would be prioritized for Council discussion and the community would decide on the final location. Mayor Pro Tem Kamp asked if the consultant had done another project in a different city Lockley replied yes. He noted that the price depended on the activities that were proposed. Mayor Pro Tem Kamp stated that she supported the project but had a problem with the $40,000 cost. She questioned if the funds could be used better on the final project rather than the consultant. She asked who organized the volunteers. Lockley stated that there was a lot of interest already but that the consultant organized the community members and took the lead. City of Denton City Council Minutes January 7, 2014 Page 3 Council Member Hawkins questioned if the City wanted to do this every year, how the consultant would be involved. Lockley stated that this was a one-time event and if done again, there would be another fee associated with another event. Council Member Engelbrecht questioned who selected the metrics. Lockley stated the list shown was not the entire list that could be used. The most appropriate metrics used would be based on the site selected. He continued that staff recommended proceeding with the initiation of the Better Block Program. Council Member Roden asked how this fit in with other neighborhood service goals. Lockley stated that neighborhood services was still getting off the ground. Ultimately it would become a part of the neighborhood services. It could also be used in the comprehensive plan area as well. Mayor Burroughs asked how the Better Block would compare to the small area plans as those had not been used for a while. Lockley stated that it was a more dynamic and useful tool than a small area plan. A small area plan was more to prevent something from happening in the neighborhood rather than something to enhance a neighborhood. Mayor Pro Tem Kamp stated that as she looked at the program she felt it would not go into a residential neighborhood but rather be something done downtown which would be her support for the community. Later something could be done in the residential areas. Mayor Burroughs felt that a small area plan did not work with mixed uses in the neighborhoods. The Better Block program would work with the neighborhoods for mixed uses for economic vitality and walkability in the neighborhoods. Council discussed the walkability of the City and whether a Better Block program would increase and better enhance the accessibility of the area. Council Member Engelbrecht suggested contacting the local neighborhood groups regarding the concept. Consensus of the Council was to proceed with the proposal. 4. Receive a report, hold a discussion and give staff direction regarding the naming of the Center for Visual Arts. John Cabrales, Assistant City Manager, stated that a letter had been received from the Chamber of Commerce indicating that they were looking at ways to formally recognize Roy Appleton, Jr. in the city of Denton. The application was submitted by Mayor Burroughs and Council Member King for the naming for Center for Visual Arts after Mr. Appleton. There had been City of Denton City Council Minutes January 7, 2014 Page 4 conversations between the Greater Denton Arts Council (GDAC) and the Chamber. The GDAC indicated in a letter that it was not in favor of the request from the Chamber. Mayor Pro Tem Kamp stated that she knew Mr. Appleton very well and was in support of naming something after him. She questioned the suggestion of the CVA and not some other facility. Mayor Burroughs stated had been the subject of a lot of discussion at the Chamber. Because of the nature of Mr. Appleton’s involvement in the City, the Chamber was trying to determine the right building. It was not a building that defined Mr. Appleton but a facility that would convey a building of great importance for the citizens. Cabrales stated that staff was researching the contract with the GDAC to determine who had naming rights. The Board was wanting to work with the Chamber and the City for a resolution. Council Member Roden stated that the process required that a nominator come forward with a name and building. He suggested that to start the process a committee be appointed with a charge to help vet additional possibilities for a location. Cabrales stated that the naming policy had a procedure for Council to establish a committee to review locations. Council could also waive any portion of the policy in the process. Council Member Gregory agreed that Mr. Appleton was worthy of naming a city facility. He did not want it to be controversial. He questioned if there should be a bit more research done on the naming for an agreeable process. Council Member Hawkins agreed. Council Member Engelbrecht felt that the Center for Visual Arts and Mr. Appleton was a good fit as both were creative. Council Member King felt that there should be a way to find a peaceful method to get this building named for Mr. Appleton. Mayor Burroughs felt that the direction from Council was to request the GDAC consider supporting the application and give feedback after their next meeting. Council Member Roden suggested getting their feedback on how to incorporate the name into the brand of CVA. Following the completion of the Work Session, the Council convened into a Closed Meeting to consider the items listed below. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071 1. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial City of Denton City Council Minutes January 7, 2014 Page 5 jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. B. Deliberations regarding 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 acquisition of real property interests located (1) in the M.E.P. & P. R.R. Co. Survey, Abstract No.1469, located generally in the 1500 block of North Mayhill Road; (2) in the Gideon Walker Survey, Abstract No. 1330, located generally in the 700, 800 and 900 blocks of South Mayhill Road; and (3) in the David Hough Survey, Abstract Number 646 and the John B. Brandon Survey, Abstract No. 1515, located generally within the 1400 through 2100 block range of South Mayhill Road, all tracts located in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Mayhill Road Widening and Improvements project & Municipal Landfill) 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 James Perry Survey, Abstract No. 1040, John Scott Survey, Abstract No. 1222, John Bacon Survey, Abstract No. 1541, and the John Davis Survey, Abstract No. 326, City of Denton, Denton County, Texas, and generally located along Western Boulevard between Airport Road and Jim Christal Road. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. 3. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests in the William Neill Survey, Abstract 971, Denton County, Texas, being generally located at 221 N. Elm Street and 217 W. McKinney Street. Consultation with the City’s attorneys regarding legal interests related to this matter where a public discussion of these legal issues would conflict City of Denton City Council Minutes January 7, 2014 Page 6 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. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1.UNT Heart of Dallas Bowl Win Proclamation This proclamation was not considered that this meeting. 2. Peterbilt Motors Company 75th Anniversary Proclamation Mayor Burroughs presented the proclamation for Peterbilt Motors and their 75th anniversary. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1) Lee Allison regarding Mission Street paving exaction. Mr. Allison spoke regarding a Mission Street Paving exaction. He requested that Council reconsider the exaction variance for the property. He felt there were inequities in the analysis of the proportionality for the exaction fee. He requested that an appeal for the exaction be reopened in order to be fairer in the exaction. 4. CONSENT AGENDA Council Member Hawkins motioned, Mayor Pro Tem Kamp seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Mayor Burroughs "aye", Mayor Pro Tem Kamp "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Council Member King "aye", Council Member Roden "aye", and Council Member Hawkins "aye". Motion carried unanimously. Ordinance No. 2014-001 A. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date. City of Denton City Council Minutes January 7, 2014 Page 7 Ordinance No. 2014-002 B. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date. Ordinance No. 2014-003 C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a lease agreement by and between the City of Denton, Texas and Denton County Archers, a Texas not-for-profit corporation; and providing an effective date. The Public Utilities Board recommends approval (6- 0). Ordinance No. 2014-004 D. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract with the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program for the acquisition of one (1) Aerial Fire Truck for the City of Denton Fire Department; and providing an effective date (File 5437-Purchase of one (1) Aerial Fire Truck from Siddons-Martin Emergency Group in the amount of $1,406,673). Ordinance No. 2014-005 E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for professional engineering services in support of the development and implementation of a Roadway Impact Fee and Rough Proportionality Policy for the City of Denton with Kimley-Horn and Associates, Inc. in an amount not-to-exceed $276,500; providing for the expenditure of funds therefor; and providing an effective date (File 5436-awarded to Kimley-Horn and Associates, Inc.). Ordinance No. 2014-006 F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a HazMat ID Elite Command System for the City of Denton Police and Fire Departments (Funded 100 percent through the 2012 Homeland Security Grant Program), 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 5443-awarded to Smiths Detection in the not-to-exceed amount of $54,950). Ordinance No. 2014-007 G. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of seven (7) Throwbot XT Reconnaissance Robot Audio Kits for the City of Denton Police and Fire Departments (Funded 100 percent through the 2012 Homeland Security Grant Program), 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 City of Denton City Council Minutes January 7, 2014 Page 8 (File 5444-awarded to ReconRobotics, Inc. in the not-to- exceed amount of $99,190). Ordinance No. 2014-008 H. Consider adoption of an ordinance authorizing the City Manager to execute a Cooperative Purchasing Program Agreement with the City of Cedar Hill, Texas under Section 271.102 of the Local Government Code, to authorize mutual participation in various City of Cedar Hill and City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5430- Cooperative Purchasing Agreement with City of Cedar Hill). Approved the minutes listed below. I.Consider approval of the minutes of: November 19, 2013 November 22, 2013 Ordinance No. 2014-009 J. Consider adoption of an ordinance amending Ordinance No. 2003-258, as amended by Ordinance 2011-042, relating to the Economic Development Partnership Board ("the Board") to add to the membership of the Board; repealing all conflicting ordinances and portions thereof; and providing an effective date. Ordinance No. 2014-010 K. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 7.393 acre tract (the "Mayhill Tract"); (II) fee simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope Easement (herein so called), encumbering a 0.804 acre tract, each affected tract located in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 1400 block of South Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill tract and the Slope Easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (B) as concerns the Landfill Tract, for the public use of expanding and improving the City of Denton Landfill, a permitted municipal Solid Waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stokes and Wayne Stokes, a married couple, Joe P. Doye, Jr. A/K/A Joseph Pierre Doye, Jr. Patricia Ann Doye A/K/A Patricia Doye Kendall (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 Seven Hundred Eighty Five Thousand Thirty Six Dollars and No Cents ($785,036.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project - Bond et al – Parcel M134) City of Denton City Council Minutes January 7, 2014 Page 9 Ordinance No. 2014-011 L. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 1.029 acre tract (the "Mayhill Tract"); (II) fee simple to a 0.624 acre tract (the "Landfill Tract"); and (III) a Slope Easement (herein so called), encumbering a 0.076 acre tract, each affected tract located in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 1900 block of South Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill Tract and the Slope Easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (B) as concerns the Landfill Tract, for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Wilma M. Haggard (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 Thirty Three Thousand Eight Hundred Fifty Nine Dollars and No Cents ($133,859.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project - Haggard - Parcel M136) Ordinance No. 2014-012 M. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 7.628 acre tract (the "Mayhill Tract"); (II) fee simple to 2.276 acres (the "Landfill Lands"); and (III) a Drainage Easement (herein so called), encumbering 0.196 acre, all lands located in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 2100 block of South Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill Tract and the Drainage Easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (B) as concerns the Landfill Lands, for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Kevin Nelms and Richard and wife, Nancy Greb (collectively, the "Owner"); (2) successors in interest to the owner of the 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 Eight Hundred Sixty Seven Thousand Three Hundred Forty Seven Dollars and No Cents ($867,347.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project - Nelms/Greb - Parcel M137 & M138) City of Denton City Council Minutes January 7, 2014 Page 10 Ordinance No. 2014-013 N. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as Buyer, and Jerry M. Kelsoe (the "Owner"), as Seller, to acquire (I) fee simple to a 0.216 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.152 acre tract, all tracts situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1469, located in the City of Denton, Denton County, Texas, and being generally located in the 1500 block of North Mayhill Road; for the purchase price of Three Hundred Thirty Nine Thousand Two Hundred Forty Five Dollars and No Cents ($339,245.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Mayhill Road Widening and Improvements project - Kelsoe Parcel M024) Ordinance No. 2014-014 O. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton, Texas ("City"), as Buyer, and Shiron Investments, LLC, a Texas limited liability company (the "Owner"), as Seller, to acquire fee simple to a 0.418 acre tract situated in the Gideon Walker Survey, Abstract No. 1330, located in the City of Denton, Denton County, Texas, and being generally located at 781 and 801 South Mayhill Road; for the purchase price of One Hundred Sixty Thousand Dollars and No Cents ($160,000.00), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. (Municipal Landfill Acquisition Tract) Ordinance No. 2014-015 P. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton Texas ("City"), as Buyer, and Shiron Investments, LLC, a Texas limited liability company (the "Owner"), as Seller, to acquire fee simple to a 2.141 acre tract situated in the Gideon Walker Survey, Abstract No. 1330, located in the City of Denton, Denton County, Texas, and being generally located at 961 S. Mayhill Road; for the purchase price of Five Hundred Ninety Thousand Dollars and No Cents ($590,000.00), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit A", authorizing the expenditure of funds therefor; and providing an effective date. (Municipal Landfill Acquisition Tract) Ordinance No. 2014-016 Q. Consider adoption of n ordinance authorizing the City Manager or his designee to execute a Contract of Sale between the City of Denton, Texas and Westpark Group, L.P., a Texas Limited Partnership contemplating the purchase by the City of Denton, Texas of an approximate 3.00 acre tract of land situated in the James Perry Survey, Abstract 1040, and the John Davis Survey, Abstract 326, City of City of Denton City Council Minutes January 7, 2014 Page 11 Denton, Denton County, Texas, for public purposes; authorizing the City Manager, or his designee, to execute, deliver and accept a Special Warranty Deed, and any other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefore; and providing an effective date. Ordinance No. 2014-017 R. Consider adoption of an ordinance of the City of Denton, Texas, abandoning and vacating an Access Easement (the "Original Easement"), granted by Westpark Group, LP, to the City of Denton, Texas, pursuant to that certain Original Easement, dated December 29, 2006, and recorded as document Number 2007- 20897, Real Property Records, Denton County, Texas, said Original Easement encumbering 3.874 acres of land located in the James Perry Survey, Abstract No. 1040, Denton County, Texas, and authorizing the City Manager or his designee to accept an Alternative Access Easement (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between the City of Denton (The "Grantee"), and Westpark Group, LP, A Texas Limited Partnership (The "Grantor"), contemplating the grant by Grantor and acceptance by Grantee of an Alternative Access Easement encumbering a 4.1880 acre tract of land, more or less, for the purchase price of ten and no/100 Dollars ($10.00), said Alternative Access Easement generally located east of Western Boulevard and south of Jim Christal Road, and located in the John Bacon Survey, Abstract No. 1541, and the James Perry Survey, Abstract No. 1040, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2014-018 S. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of Excess Liability Insurance Coverage for the City of Denton , through the City’s sole broker of record, McGriff, Seibels and Williams of Texas, Inc., and in accordance with Chapter 252.024 of the Texas Local Government Code such coverage is exempt from the requirements of competitive bidding; and providing an effective date (File 5454 awarded to Starr Indemnity in the one (1) year not- to-exceed amount of $208,000 and a three (3) year not-to-exceed amount of $688,480). Ordinance No. 2014-019 T. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of Excess Workers; Compensation Insurance Coverage for the City of Denton, through the City’s sole broker of record, McGriff, Seibels and Williams of Texas, Inc., and in accordance with Chapter 252.024 of the Texas Local Government Code such coverage is exempt from the requirements of competitive bidding; and providing an effective date (File 5455 awarded to Midwest Employers Casualty in the one (1) year not-to- exceed amount of $91,996 and a three (3) year not-to-exceed amount of $304,408). City of Denton City Council Minutes January 7, 2014 Page 12 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2014-020 A. Consider adoption of an ordinance approving a lease agreement to be executed by the City Manager, by and between the City of Denton, Texas and American Biosource, LLC, a Texas domestic limited liability company, for a certain approximate 1.004 acre tract of land situated in the Gideon Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, located in the vicinity of 1527 Mayhill Road, Denton, Denton County, Texas; providing an effective date. Vance Kemler, Director of Solid Waste, presented the details of the lease agreement. This agreement would start a biodiesel facility in the City. Council Member Gregory asked how much royalty per gallon the City would receive. Kemler stated that the royalty would be $.085 per gallon. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht 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 King "aye", Council Member Roden "aye", and Council Member Hawkins "aye". Motion carried unanimously. 6. PUBLIC HEARINGS There were no public hearings for this agenda. 7. CITIZEN REPORTS There were no citizen reports for this section of the agenda. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton City Council Minutes January 7, 2014 Page 13 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. With no further business, the meeting was adjourned at 7:03 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS