This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for May 17, 2011.
3. Receive a report, hold a discussion and give staff direction regarding an ordinance adopting the Denton County, Texas Local Mitigation Strategy for Natural Hazards, of which Denton County Unincorporated and the cities of Corinth, Denton, Lewisville, and The Colony are parties.
4. Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2011 Action Plan for Housing and Community Development and give staff direction.
5. Receive a report, hold a discussion and give staff direction regarding a proposed amendment to an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in North Lakes Park and excluding North Lakes Recreation Center and the North Lakes Annex building therein; providing a severability clause, a penalty clause and an effective date.
6. Receive a report, hold a discussion, and give staff direction regarding the implementation of credit and collection procedures that were approved by the City Council on November 16, 2010.
1. Closed Meeting:
A. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Receive a consultation with the City's attorneys regarding legal issues concerning the proposed Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Receive a presentation, a status report thereon, and discuss, deliberate, consider and take action on the proposed Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC regarding public power competitive and financial issues and matters regarding the purchase of a portion of the City's electrical energy requirements and related issues; discuss deliberate, consider and take action on the above-referenced Agreement.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with, and provide direction to, City's attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, specifically including, but not limited to, the following general categories, as they may relate to such regulations:
a. Legal issues and strategies associated with proposed and potential modifications to existing local regulations, as they relate to existing, proposed and potential gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, as well as limitations imposed upon the City's regulatory authority, with regard to such issues and strategies;
b. Legal issues and strategies associated with possible preemption of local regulatory standards relating to gas well drilling and exploration with the Denton city limits and extraterritorial jurisdiction, by existing, proposed and potential Federal and State legislation, and administrative regulations; and
c. Legal issues and strategies associated with the imposition, calculation and assessment of various local permitting and inspection fees as they relate to gas well drilling and production in the Denton city limits and extraterritorial jurisdiction.
2. Consult with, and provide direction to, City's attorneys on legal issues associated with previous annexations of land, specifically including, but not limited to, legal and strategic issues associated with the modification, negotiation and enforcement of non-annexation agreements as they relate to building on lots within plats approved prior to the execution of non-annexation agreements, as well as more general legal and strategic issues relating to the annexation of such area.
3. Consult with City's attorneys regarding litigation styled TransData, Inc. v. CenterPoint Energy Houston, LLC, et al., cause number 6:10-cv-557, currently pending in the Us District Court, Eastern District of Texas, and possible legal issues related thereto.
4. Consult with City's attorney's regarding legal issues associated with the referendum petition filed with the City Secretary on December 14, 2010.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ?PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT.
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."
B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to an agreement with Trilliant Networks, Inc. for Phases II and III of the Advanced Metering Infrastructure System (AMI); providing for the expenditure of funds therefor; and providing an effective date (RFSP 4485-First Amendment to Agreement for Advanced Metering System Infrastructure awarded to Trilliant Networks, Inc in the estimated amount of $2,562,991 for a total estimated contract award amount of $9,357,607).
C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the City Manager of a Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC., a Delaware limited liability company; approving and authorizing the acceptance and approval by the City Manager and City Attorney of a guaranty agreement issued by NRG Energy, Inc., a Delaware corporation for the benefit of the City; authorizing the acceptance and approval of a letter of credit executed by NRG Power Marketing, LLC for the benefit of the City; approving the execution of such other and further related documents, including, without limitation, certificates, assignments, licenses, directions, instruments, instructions, confirmations and statements by the City Manager or his designee, which are incident or related thereto, as shall be reasonably determined by the City attorney or her designee; confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council Members, its City Manager, and its City Attorney or her designee shall be authorized and empowered to perform such acts and obligations as are reasonably required to consummate this transaction; ratifying all prior actions taken by the City Council in furtherance of the foregoing transaction; and determining that several of said documents pertain to a "competitive electric matter" as set forth under the provisions of §§551.086 and 552.133 of the Texas Government Code, as amended; finding and determining that Texas Government Code §252.022(a)(15) applies to said agreement; adopting significant recitations, findings and conclusions, as are set forth in the preamble of this ordinance; that the purchase of capacity and energy, and other related arrangements made by the City under the terms of this Full Requirements Wholesale Electric Power Service Agreement are in the public welfare; authorizing the expenditure of funds therefor; providing an effective date.
5. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas creating a new Division 3 to Chapter 26, Article III of the Denton Code of Ordinances regulating the use and interconnection of Wind Energy Conservation Systems (WECS) and amending Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free-standing Monopole Support Structure and Building-mounted WECS. The Public Utilities Board recommends approval of the Chapter 26 elements of the ordinance (4-0). The Planning and Zoning Commission recommends approval of the proposed amendments to Subchapter 35.5 of the Denton Development Code (7-0). (DCA10-0010, Wind Energy Conservation Systems)
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 13, 20 and 23 of the Denton Development Code to provide an exception for the installation of sidewalks associated with estate lot subdivisions, with conditions and to provide a definition for estate lots; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA10-0008) The Planning and Zoning Commission recommends approval (7-0).
6. 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
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.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.
A. Consider adoption of an ordinance adopting the Denton County, Texas Local Mitigation Strategy for Natural Hazards, of which Denton County Unincorporated and the cities of Corinth, Denton, Lewisville, and The Colony are parties; and providing for an effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the 2010-2011 Agreement Between the City of Denton and the Fred Moore Day Nursery School ("Original Agreement"), said Original Agreement contemplating the provision of Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton County, Texas; and providing for an effective date.
C. Consider adoption of an ordinance accepting competitive bids and awarding a three-year contract for Landscaping and Sod Replacement Services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4673-Three-Year Contract for Landscaping/Sod Replacement Services awarded to the overall lowest responsible bidder meeting specification, Classic Landscapes, Inc. in the annual estimated amount of $110,000).
D. Consider adoption of an ordinance awarding the purchase of Disk Storage to replace the Storage Area Network (SAN) as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1418; providing for the expenditure of funds therefor; and providing an effective date (File 4713-Disk Storage Purchase awarded to INX, Inc. in the amount of $130,618.09).
E. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Region VIII Education Service Center through the Interlocal Purchasing System (TIPS) Program under Section 271.102 of the Local Government Code, to authorize participation in various Region VIII Education Service Center contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4715-Interlocal Agreement with Region VIII Education Center Interlocal Purchasing System).
F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined channel, two pilot channels, an emergency spillway, and an outlet structure for the Strickland Jr. High Regional Detention Pond Drainage Improvements Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $212,406.45).
G. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during revival/crusade event held each night, except Wednesdays, beginning August 25 and concluding on September 13, 2011. The amplified sound would begin at 8:00 p.m. and conclude at 10:30 p.m. The revival will be held on the corner of University Drive and Gay Street. The event organizers are requesting an exception to the level of decibels from 70 to 100 decibels, an extension of hours for amplified sound from 10:00 p.m. until 10:30 p.m., and for an exception for amplified sound on Sundays. Due to the residential neighborhood directly north of the revival site, staff recommends approving the exception of sound on Sundays, an extension of hours of operation, but to limit the increase in decibels to 75 decibels.
H. Consider approval of the minutes of:
April 4, 2011
April 5, 2011
I. Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving a second extension to the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for the provision of sanitary sewer and water facilities" entered into by the parties on the 5th day of June, 2007; providing the City Manager with authority to perform said second extension and to expend funds as necessary; providing an effective date.
J. Consider adoption of an ordinance approving a "Second Amendment to Professional Services Agreement for Architect or Engineer" by and between the City of Denton, Texas and Malcolm Pirnie, Inc. to provide engineering services for the design of the Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade; authorizing the expenditure of funds therefor; and providing an effective date (providing for an additional $964,260 for additional services on the project-aggregating $3,703,360).