CITY OF DENTON CITY COUNCIL
August 3, 2010
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 3, 2010 at 03:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street , Denton, Texas at which the following items will be considered:
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - K). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - K below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda.
||Consider adoption of an ordinance of the City of Denton approving an easement to Dallas MTA, L.P. d/b/a Verizon Wireless across City of Denton property, being a tract of land situated in the Mary Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, and being a portion of the remainder of Lot 1, Block 2 of The Municipal Utility Addition, an addition to the City of Denton, Texas, as recorded in Cabinet G, Page 346, Plat Records of the Real Property Records of Denton County, Texas; and declaring an effective date. The Public Utility Board recommends approval (4-0).
||Consider adoption of an ordinance abandoning and vacating a public utility easement from Fry Street Partners, Ltd. to the City of Denton recorded by Volume 451, Page 71 of the Deed Records of Denton County Texas, in the E. Pulchalski Survey, Abstract No. 996; and declaring an effective date. The Public Utilities Board recommends approval (5-0).
||Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing issuance of a Notice of Intent that the City of Denton intends to establish a Tax Increment Financing Reinvestment Zone, pursuant to the Tax Increment Financing Act, Texas Tax Code Ann., Chapter 311, for the City of Denton, Texas; providing an effective date. The Economic Development Partnership Board will consider this item at its August 3 meeting.
||Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during three House Concerts hosted by Cassandra Fuhrmann. The House Concerts will be located at 616 Woodland Street, beginning at 5:00 p.m. and concluding at 8:00 p.m., on the following Sundays: August 22, September 26 and October 24, 2010. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sundays. Staff recommends approving the noise exception request.
||Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for concrete crushing services for the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 4519-Annual Contract for Concrete Crushing Services awarded to the lowest responsible bidder meeting specification, Big City Crushed Concrete, in the annual estimated amount of $210,000). The Public Utilities Board recommends approval (6-0).
||Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional and Personal Services Agreement with KEMA, Inc., a corporation for examining for the TRE and NERC regulatory compliance of the Denton Municipal Electric System; authorizing the expenditure of funds therefor in the further amount not-to-exceed an additional $86,360; and providing an effective date (File 4412-aggregating not-to-exceed $255,940).
||Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem-Line from TXI, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4538-Purchase of Cem-Line for Street Department in the unit price amount of $135/dry ton for an annual estimated amount of $300,000).
||Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that Section with respect to sound levels and hours of operations for an outdoor music festival; and providing an effective date. The North Texas State Fair Association is requesting a three-year exception (years 2010-2012) for the North Texas State Fair and Rodeo, which begins on the third Friday of August and ends on the fourth Sunday of August. The exception requested is for Monday through Thursday until 12:00 midnight, Friday and Saturday until 1:00 a.m., and until 11:00 p.m. on Sunday. Staff recommends approving the three-year noise exception request.
||Consider approval of a resolution by the City Council of the City of Denton, Texas, recognizing the mission of the Clear Creek Natural Heritage Center to inspire environmental partnership and stewardship, as well as to provide an understanding of the natural heritage of North Central Texas; recognizing that the Center will be developed using sustainable building practices and will serve as a learning center for environmental citizenship and sustainability; endorsing the "Clear Creek Long-Range Plan" prepared by staff; implementing the said Long-Range Plan for the period beginning FY 2010-2011 and Ending FY 2014-2015 inclusive; expressing the City’s intention to participate and contribute to said Long-Range Plan; finding that the Clear Creek Facilities and the "Clear Creek Long-Range Plan" benefit the public and safeguard the public welfare; providing for an effective date.
||Consider approval of a resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date.
||Consider approval of a resolution of the City of Denton, Texas in support for the High Speed Intercity Passenger Rail (HSIPR) Program project nomination through the Texas Department of Transportation, Rail Division authorizing the Texas Department of Transportation to submit an application to receive funding to perform preliminary engineering (PE) and National Environmental Protection Act (NEPA) activities for an Amtrak passenger station stop at Krum, Texas for the benefit of the citizens of Denton and Denton County and, if the grant is approved, to facilitate interlocal agreements with the City of Krum and Denton County and take other actions necessary to implement the grant, and provide an effective date.
||Human Services Advisory Committee
||Zoning Board of Adjustment
||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.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2010 at ________o'clock (a.m.) (p.m.)
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.