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January 10, 2017 Minutes P.M. CITY OF DENTON CITY COUNCIL MINUTES January 10, 2017 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 10, 2017 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Roden, Council Member Wazny, Council Member Briggs, Council Member Hawkins, Council Member Gregory, Council Member Bagheri, and Mayor Watts. ABSENT: None. Mayor Watts announced that Council would be returning to the morning Closed Meeting session after the Closed Meeting Session on this agenda was completed. 1. Citizen Comments on Consent Agenda Items Willie Hudspeth spoke regarding the number of items on the Consent Agenda. He requested Council discuss why there were no African American firefighters. 2. Requests for clarification of agenda items listed on the agenda for January 10, 2017. Staff responded to Council requests for clarification of the following items: Council Member Gregory Consent Agenda Items H, L, M, S, T and U. Mayor Watts - Closed Session Item B regarding the posting of the item Mayor Watts - Consent Agenda Item K 3. Work Session Reports Item C was considered first. C. ID 17-063 Receive a report, hold a discussion and provide direction relating to the proposed public works contract in the amount of $4,814,000 for the construction of Fire Station 4 to be located at the corner of Sherman Drive and Kings Row. (RFP 6262 - awarded to Ratliff Constructors, LP in the amount of $4,814,000). Mayor Watts expressed his objection again to the process but indicated that he did not want to put Council and staff through an additional discussion. He did not need the information on the process. Mayor Pro Tem Roden stated that he would hate to miss the policy implications for future discussion and suggested holding a work session discussion at a later date. Council discussed the report provided by the Assistant Fire Chief regarding the building costs, a policy discussion regarding savings of costs in the future, a discussion on the number of bids received, and involving the Council more in the costs of these types of projects; Council returned to the agenda order. City of Denton City Council Minutes January 10, 2017 Page 2 A. ID 16-1615 Receive a report; hold a discussion, and give staff direction regarding the limitation of municipal taxes on homesteads of disabled and elderly (tax freeze). Chuck Springer, Director of Finance, presented the details of the items. He reviewed the 2016 tax year exemptions, homestead exemption components; information on the over 65 and disabled person tax limitations, exemption breakdown for 2016; average value of properties receiving over- 65 exemption; and tax limitation estimated impact. Council discussed who regulated the homestead exemption amount and whether there were examples of other cities with a tax freeze that changed their homestead exemption amount; the fact that the freeze could not be adjusted for income; the value of a home as it was regulated by the State; the need to understand the long term consequences of such a freeze; that under current state law the freeze could not be removed once enacted; and growth would make up some of the reduction in taxes but not enough over the years. Council directed staff to provide information regarding the proposal on the website. B. ID 17-005 Receive a report, hold a discussion, and give staff direction regarding the Texas Department of Housing & Community Affairs Tax Credit Program. Ron Menguita, Long Range Planning Administrator, presented the details on the State tax credit program. He detailed the provisions of the program in terms of definition and the amount of tax credit. Three projects had been brought before staff for a tax credit consideration which he detailed to Council. Options were to approve a resolution of support or take no action for the 9%, the 4% would be with an approval of a resolution of no objection or no action. Council discussed qualifications for the consideration of the resolutions; that the developments must still go through the normal development process; most of these developments were in District One and was that healthy for development and planning for that area; hold a future work session on these types of developments as connected with the Denton Housing Authority for workforce and homeless housing. Consensus of the Council was to hold a work session before providing direction on support or non- support of these types of developments. Any decisions would not be made until after the Work Session presentation by the Denton Housing Authority and a policy discussion on these types of developments. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: Before the start of the Closed Meeting, Mayor Watts requested the City Attorney discuss who could be present during the Closed Meeting discussions. City of Denton City Council Minutes January 10, 2017 Page 3 City Attorney Burgess stated that the Closed Meeting belonged to the Council and other than during Attorney Consultation, Council could determine who could be in the meeting. The subject matter of the item also helped determine who would be present. A. ID 16-1480 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the City’s electric system; discuss and deliberate strategies regarding same; discuss ancillary operational matters related to the Denton Energy Center including, but not limited to Information Technology, fiber optic network, water service loop, and wastewater line. Discuss, deliberate and provide staff with direction. Consultation with the City’s attorneys regarding legal issues associated with the above matters 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. B. ID 16-1577 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the City’s electric system; discuss and deliberate strategies regarding same; discuss and deliberate opportunities and strategies for the City to amend the scope of work component in an existing contract that provides engineering, procurement, and construction ("EPC") services for the Denton Energy Center. Take final action on a modification of the scope of work portion of the EPC agreement with Burns and McDonnell Engineering Company, Inc. Consultation with the City’s attorneys regarding legal issues associated with the above matters 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. Council Member Gregory motioned, Council Member Hawkins seconded to adopt Ordinance No. 2017-001 in Closed Session. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member Briggs "nay, Council Member Hawkins "aye", Council Member Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "aye". Motion carried with a 6- 1 vote. C. ID 16-1610 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. City of Denton City Council Minutes January 10, 2017 Page 4 Receive a presentation from staff regarding public power competitive and financial matters pertaining to purchased power pricing and other public power information that is contained in the proposed amendment to the Power Purchase Agreement by and between the City of Denton, Texas, who is selling power and electric energy services to the Texas Woman’s University, Denton, Texas; discuss and deliberate strategies regarding same; take final action on a proposed amendment to the Power Purchase Agreement with Texas Woman’s University. Consultation with the City’s attorneys regarding legal issues associated with the above matters 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. ID 17-030 Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located in the R. Beaumont Survey, Abstract No. 31, in the City of Denton, Denton County, Texas; where discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting 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. \[Hickory to Bonnie Brae Transmission Line\] E. ID 17-036 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests out of the Alexander Hill Survey, Abstract No. 623, in Denton County, Texas, and generally located in the 1000 block of Fort Worth Drive, 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. (Fort Worth Drive Utility Relocations Project - PKR Properties, LP - Parcel 3E) F. ID 17-051 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. City of Denton City Council Minutes January 10, 2017 Page 5 Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency ("TMPA") on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City’s interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters. Consultation with the City’s attorneys regarding legal issues associated with the above matters 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. G. ID 17-064 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a briefing and information from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to transmission cost of service rate setting. Consultation with the City’s attorneys regarding legal issues where 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 potential litigation. Discuss, deliberate, and provide staff with direction. Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 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. ID 16-1589 Martin Luther King, Jr. Day Mayor Watts presented the proclamation for Martin Luther King, Jr. Day. B. ID 17-054 Reverend Dr. Martin Luther King, Jr. Day of Service Mayor Watts presented the proclamation for Reverend Dr. Martin Luther King, Jr. Day of Service. C. ID 17-043 Human Trafficking Awareness Day City of Denton City Council Minutes January 10, 2017 Page 6 Mayor Watts presented the proclamation for Human Trafficking Awareness Day. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public 1. ID 17-055 Peg Carter regarding the maintenance of the Jim Carter Memorial Park. Ms. Carter presented information on the lack of maintenance of the Jim Carter Memorial Park. C. Additional Citizen Reports 1.Willie Hudspeth spoke on the lack of African American fire fighters. 4.CONSENT AGENDA Council Member Hawkins motioned, Council Member Wazny seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 2017-002 A. ID 16-1614 Consider adoption of an ordinance of the City of Denton, Texas ratifying the action of the City Manager’s execution of an interlocal agreement dated on or about December 8, 2016, by and between the City of Denton and the North Central Texas Council of Governments, for the purpose of consultant assistance to produce statistically valid survey results regarding public opinion on bicycling and bicycle infrastructure in the north Texas region; and providing for an effective date. Ordinance No. 2017-003 B. ID 16-1617 Consider adoption of an ordinance amending Chapter 18 of the Code of Ordinances to revise the school safety speed zone for Denton High School along Fulton Street; providing a penalty of a fine not to exceed two hundred dollars ($200.00); providing a severability clause, providing for publication; and declaring an effective date. The Traffic Safety Commission recommends approval (5-0). Ordinance No. 2017-004 C. ID 17-001 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and United Way of Denton County, for expenses related to Lil d NYE; providing for the expenditure of funds therefor; and providing for an effective date. ($1,350) City of Denton City Council Minutes January 10, 2017 Page 7 Ordinance No. 2017-005 D. ID 17-002 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School, Inc. for the purpose of the 8th Annual Gospel Brunch; providing for the expenditure of funds therefor; and providing for an effective date. ($500) Ordinance No. 2017-006 E. ID 17-004 Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Agreement between the City of Denton and the University of North Texas (UNT) for planned enhancements to be facilitated through the Texas Department of Transportation related to the expansion of Interstate 35E, providing for a fixed contribution by UNT in the amount of $303,914 and a fixed contribution in the amount of $396,372 by the City of Denton for a total of $700,286, to construct aesthetic upgrades to North Texas Boulevard to include bent cap logos, bridge identification logos, medallion signs, landscaping, decorative sidewalks, crosswalks and lighting, authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2017-007 F. ID 17-003 Consider adoption of an ordinance of the City of Denton, Texas approving a Local Project Advance Funding Agreement between the City of Denton and the Texas Department of Transportation (TxDOT) for planned enhancements related to the expansion of Interstate 35E, providing for a fixed contribution in the amount of $700,286.00 to construct aesthetic upgrades to North Texas Boulevard to include bent cap logos, bridge identification logos, medallion signs, landscaping, decorative sidewalks, crosswalks and lighting, authorizing the expenditure of funds therefore, and providing an effective date. Ordinance No. 2017-008 G. ID 17-006 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of three (3) side load and three (3) front load refuse bodies for City of Denton Solid Waste Department, which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 6334-awarded to BTE Body Company Inc. in the amount of $851,692.55). Ordinance No. 2017-009 H. ID 17-007 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) excavators, one (1) dozer and one (1) track loader for the City of Denton Solid Waste Department; and providing an effective date (File 6336-awarded to Kirby Smith Machinery, Inc. in the amount of $1,342,955 and Holt Caterpillar in the amount of $547,757.98). City of Denton City Council Minutes January 10, 2017 Page 8 Ordinance No. 2017-010 I. ID 17-008 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for detailed design and engineering services with Graham Associates, Inc. relating to the widening of and improvement of Bonnie Brae Road from Interstate Highway 35 East to North of Scripture Road in an amount not to exceed $900,256.25; providing for the expenditure of funds therefor; and providing an effective date (File 6285-awarded to Graham Associates, Inc. in an amount not-to-exceed $900,256.25). Ordinance No. 2017-011 J. ID 17-009 Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for detailed design and engineering services relating to the North Texas Boulevard at Interstate Highway 35 East Roundabout Project; providing for the expenditure of funds therefor; and providing an effective date (File 6286-awarded to Graham Associates, Inc. in an amount not-to-exceed $309,704.55). Ordinance No. 2017-012 K. ID 17-010 Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for legal services related to the permitting of the proposed expansion of the City’s landfill and for general environmental legal services; providing for the expenditure of funds therefor; and providing an effective date (File 6288-awarded to Lloyd Gosselink Rochelle & Townsend, P.C., in an amount not-to-exceed $715,000). The Public Utilities Board recommends approval (6-0). Ordinance No. 2017-013 L. ID 17-011 Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a third amendment to a Professional Services Agreement for engineering and design services relating to the Mayhill Road Widening and Improvements project, by and between Freese and Nichols, Inc. and the City of Denton, Texas; providing for the expenditure of funds therefor; and providing an effective date (File 4511-providing for an additional expenditure amount not-to- exceed $602,590, with the total contract amount not-to-exceed $5,643,332). Ordinance No. 2017-014 M. ID 17-013 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a sixty (60) day pilot program for the installation and operation of Routeware fleet management software (to be integrated with the current Paradigm management software) on ten (10) refuse trucks, 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 6329 awarded to Routeware in the amount of $39,900 and Paradigm Software, LLC in the amount of $26,200 for a total not-to-exceed amount of $66,100). The Public Utilities Board recommends approval (6-0). City of Denton City Council Minutes January 10, 2017 Page 9 Ordinance No. 2017-015 N. ID 17-014 Consider adoption of an ordinance accepting competitive proposals and awarding a contract to recycle electronic materials such as cell phones, laptops, tablets, desktop personal computers, televisions, monitors, printers, copiers, etc.; providing for the expenditure of funds therefor; and providing an effective date (RFP 6180-awarded to Universal Recycling Technologies, LLC in the three (3) year not- to-exceed amount of $120,000). The Public Utilities Board recommends approval (6- 0). Ordinance No. 2017-016 O. ID 17-016 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of reinforced concrete pipe and concrete box culverts; providing for the expenditure of funds therefor; and providing an effective date (RFP 6150-awarded to Forterra Pipe & Precast, LLC in the three (3) year not-to- exceed amount of $2,000,000). Ordinance No. 2017-017 P. ID 17-017 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Employment Physicals, and Drug and Alcohol Testing Services for the City of Denton; and providing an effective date (RFP 6205-awarded to Primary Health Inc. dba CareNow in the three (3) year not-to-exceed amount of $207,000). Ordinance No. 2017-018 Q. ID 17-019 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on opposite sides of Underwood Street from Avenue B to Collier Street; providing a repealer clause, providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance, providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton, and providing for an effective date. The Traffic Safety Commission recommends Option 1(6-0). Ordinance No. 2017-019 R. ID 17-031 Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute, for and on behalf of the City, an Easement Purchase agreement ("Agreement"), as attached to the Ordinance and made a part thereof as Exhibit "A", for the purchase price of One Hundred Eighteen Thousand One Hundred Fifteen Dollars and No Cents ($118,115.00), and other consideration, as prescribed in the Agreement by and between the City and PKR Properties, LP providing for the granting to the City of (i) a water and sanitary sewer easement, encumbering a 0.2614 acre tract of land being more particularly described in the Water and Sanitary Sewer Easement, being attached to and made a part of the Agreement; and (ii) a temporary construction easement, encumbering 0.1056 acre of land, being more particularly described in the Temporary Construction Easement, being attached to and made a part of the Agreement; all tracts of real property being in the William Daniel Survey, Abstract No. 378, generally located in the 1000 block of Fort Worth Drive; authorizing the expenditure of funds, providing a savings clause; City of Denton City Council Minutes January 10, 2017 Page 10 and providing an effective date. (Fort Worth Drive Utility Relocations Project - Parcel 3E) Ordinance No. 2017-020 S. ID 17-032 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of one (1) compressed natural gas rear loader refuse body for the Solid Waste Department, 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 6335 awarded to McNeilus Truck and Manufacturing Co. in the amount of $77,935). Ordinance No. 2017-021 T. ID 17-052 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of precast concrete Alphabloc materials for the City of Denton Solid Waste and Recycling Department’s Building Materials Recovery Processing Facility which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 6106 awarded to Tricon Precast Limited in the three (3) year not-to-exceed amount of $300,000). Ordinance No. 2017-022 U. ID 17-053 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of mega-block wall systems for additional phases of the City of Denton landfill screening wall, which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 6331 awarded to Stone Strong of Texas in the three (3) year not-to-exceed amount of $900,000). 5.ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 16-1624 Consider adoption of an ordinance of the City of Denton finding that a public use and necessity exists to acquire an easement for 0.075 acre tract of land situated in the R. Beaumont Survey, Abstract No. 31, City of Denton, Denton County, Texas, and of the Real Property Records of Denton County, Texas ("Property Interests"), for the public use of, expansion, construction, maintenance, and operation of an electric transmission lines, ancillary facilities and structures, including drainage and access; authorizing the City Manager, acting City Manager, or his designee, to make initial and final offers to execute an easement, between the City of Denton, Texas ("City"), as grantee, and Gregory Paul Rowlett ("Owner"), as grantor, to acquire the Property Interests for the total purchase price of $23,744.00, and other consideration; authorizing the filing of eminent domain proceedings to acquire the City of Denton City Council Minutes January 10, 2017 Page 11 Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. \[Hickory to Bonnie Brae Transmission Line\] This item was not considered. 6. PUBLIC HEARINGS A. ID 17-056 Hold a public hearing pursuant to the procedural requirements of Sec. 4.07 of the Denton City Charter regarding the certified petition concerning a tax freeze for persons who are disabled and persons who are sixty-five (65) years of age or older, who receive a homestead exemption on the property subject to the tax ceiling/limitation. City Attorney Burgess presented information for both Items 6A and 7A regarding the submission and certification of a tax freeze petition for seniors and the disabled. She explained that the City Council was required by State statute to call an election. 7.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2017-023 A. ID 17-024 Consider adoption of an ordinance of the City of Denton calling a special election for May 6, 2017 in order to submit to the voters of the City of Denton a proposition regarding the adoption of a ceiling or limitation on the City’s Ad Valorem Tax Levy, applying to persons who are disabled and persons who are sixty-five (65) years of age or older, who receive a homestead exemption on the property subject to the tax ceiling/limitation; making provisions for conducting the election and addressing other matters related to the special election; providing a severability clause; providing an open meetings clause; and providing an effective date. The following individuals submitted Speaker Cards either for the above Public Hearing or for this item: Michael Hennen – opposed Don Duff – support Willie Hudspeth – opposed Alfred Sanchez – opposed Larry Wilson - opposed Elma Walker – support Bruce Walker – support Deb Armintor – opposed Shirley Johnson – support Shirley Martin – support Gary Paske– support Prudence Sanchez – opposed Paul Meltzer – opposed City of Denton City Council Minutes January 10, 2017 Page 12 Council Member Wazny motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. B. ID 16-1621 Consider nominations/appointments to the City’s Boards and Commissions: Airport Advisory Board; Parks, Recreation and Beautification Board; and Zoning Board of Adjustment. The following nominations were made by Council: Airport Advisory Board – Mayor Watts nominated Bob Tickner. Parks, Recreation and Beautification Board – Council Member Gregory nominated Johanna McDaniel. Council Member Gregory motioned, Council Member Wazny seconded to approve the nominations. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 2017-024 C. ID 17-049 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Fire Station 4 to be located at the corner of Sherman Drive and Kings Row, Denton, Texas; providing for the expenditure of funds therefor; and providing an effective date (RFP 6262-awarded to Ratliff Constructors, LP in the amount of $4,814,000). Willie Hudspeth spoke regarding the lack of African American firefighters along with the cost of the proposed fire station. Mayor Pro Tem Roden motioned, Council Member Wazny seconded to adopt the ordinance. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "nay". Motion carried with a 6-1 vote. 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 City of Denton City Council Minutes January 10, 2017 Page 13 community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Wazny requested a Work Session on Closed Meetings, specifically subject matter, procedures and people in attendance. Council Member Wazny requested a discussion on the City Attorney vacancy in terms of selection of an interim city attorney, and on procedures for filling the position. Council Member Hawkins noted that there were lights out around Unicorn Lake. Council Member Briggs requested a staff report on the history of diversity of public safety positions. Council Member Briggs requested a Work Session on a current livable wage. Council Member Bagheri requested evaluation criteria for the delinquent tax collection contract. Mayor Watts requested a Work Session regarding the Denton Housing Authority and partnerships with developers for transitional housing and workforce housing. Mayor Watts requested information on a settlement statement on the Brinker Substation. Mayor Watts requested a Work Session on the construction process for city facilities. Mayor Watts requested an update from the Development Code Review Committee. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned. _______________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS