AGENDA
CITY OF DENTON CITY COUNCIL
October 6, 2009


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a on Tuesday, October 6, 2009 at 07:30 p.m. in the Regular Meeting , Denton, Texas at which the following items will be considered:

1. Receive training on the Granicus voting system in the City Council Chambers.

2. Requests for clarification of agenda items listed on the agenda for October 6, 2009.

3. Receive a report, hold a discussion and give staff direction regarding the 2010 City Council meeting schedule.

4. Receive a briefing and hold a discussion regarding Texas annexation procedures in accordance with Texas Local Government Code.  The briefing and discussion will include the requirements of (1) a 3-year Annexation Plan; (2) an Inventory of Services and Facilities; (3) a 2½-year Service Plan; and (4) Development Agreement for land appraised for agricultural land use.

5. Receive a report, hold a discussion and give staff direction regarding the release of the City of Denton Extra Territorial Jurisdiction (ETJ) to the City of Pilot Point.

6. Receive a briefing and hold a discussion regarding the purpose and goals of the Neighborhood Empowerment Summit to be held Saturday, October 24, 2009 at the Civic Center, 321 E. McKinney.

Following the completion of the , 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.

1. Closed Meeting:

A. Consultation with Attorney - Under Texas Government Code Section 551.071; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072.

1. Discuss, deliberate, and receive information from staff and provide staff with direction regarding the valuation and possible acquisition of fee title to a 15.85 acre tract of land situated in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, said tract to be acquired for municipal purposes. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of fee title to the 15.85 acre tract, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation.

B. 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.

1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters 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.

C. Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1. Receive a legal briefing from the City’s attorneys and discuss legal issues regarding the request for a Specific Use Permit to allow for gas well drilling and production on property located within Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site located on the west side of Bonnie Brae Street, north of Scripture Street.

D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071.

1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly 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.



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."

2. PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

1. Fire Prevention Week

2. National Arts and Humanities Month

3. CONSENT AGENDA

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 - ). 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 - 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.

A. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to select artist George Cadell’s sculpture Harmony as public art for the City of Denton.  The sculpture will cost $27,900 and will be paid from the 2010 Hotel/Motel Occupancy Tax (HOT) funds.  The Parks, Recreation and Beautification Board recommends approval (4-0).

B. Consider approval of the Parks, Recreation and Beautification Board’s recommendation to select two black and white Flowing Light Images by artist Carlotta Corpron as public art for the City of Denton.  The photographs will be funded from a preexisting trust account designated for art in the Denton Municipal Complex (DMC), which is currently named City Hall East.  The Parks, Recreation and Beautification Board recommends approval (4-0).

C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4373-Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $750,000).

D. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4375-Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $2,000,000).

E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the installation of roadway pavement markings for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4383-Annual Contract for Installation Roadway Pavement Markings awarded to Striping Plus, Inc. in the annual estimated amount of $204,450).

F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board contract #281-07 for the acquisition of a bucket truck with aerial device for the City of Denton Electric Substation department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4413-Purchase of Bucket Truck With Aerial Device awarded to Southwest International Trucks in the amount of $134,503). The Public Utilities Board recommends approval (4-0).

G. Consider adoption of an ordinance of the City of Denton, Texas approving change order seven and amendment to a professional service agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002, extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. (File 4155-in an amount not to exceed $126,000). The Mobility Committee recommends approval (2-0).

H. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of a second Analog SMARTNET Simulcast System from Motorola, Inc., 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 4404-Purchase of Motorola Two Site Simulcast System for Denton Municipal Electric in the amount of $2,615,550).

I. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Fort Worth Drive Substation for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4356-awarded to the lowest responsible bidder meeting specification, MasTec North America, Inc. in the amount of $872,000).  The Public Utilities Board recommends approval (5-0).

J. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of tire repair and tire changing services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4385-Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc. in the annual estimated amount of $200,000).

K. Consider an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with certificates of obligation with an aggregate maximum principal amount equal to $1,579,614 so that General Fund vehicles and equipment may be purchased, and providing an effective date

L. Consider adoption of 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 Quakertown Park and buildings situated therein; providing a severability clause, a penalty clause and an effective date.  The Parks, Recreation and Beautification recommends approval (4-0).

M. Consider adoption of an ordinance approving the "Amendment to Municipal Maintenance Agreement for the furnishing, installing, operation and maintenance of cameras on state highway rights-of-way to monitor compliance with traffic control signals" entered into by and between the City of Denton, Texas and the State of Texas, acting by and through  its Texas Department of Transportation; providing the City Manager with authority to execute said agreement and to carry out the rights and duties of the City regarding said agreement; and providing an effective date.

N. Consider adoption of an ordinance approving the Municipal Maintenance Agreement regarding the Assistance of the State of Texas in the maintenance and operation of state highways within the city limits of the City of Denton, Texas by and between the City of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager authority to carry out the rights and duties of the City regarding said agreement; and providing an effective date.  (traffic control maintenance)

O. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a third amendment to agreement for professional legal services with the law firm of Walker Sewell, LLC for professional legal services relating to litigation styled: ex parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the  126th Judicial District Court in and for Travis County, Texas; ex parte Texas Municipal Power Agency - II, Cause No. D-1-GN-08-3693, pending in the 261st Judicial District Court in and for Travis County; and the litigation styled Texas Municipal Power Agency, Plaintiff  vs. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; vs. City of Denton, Texas and the  City of Garland, Texas, Third-Party Defendants, Cause No. 28169, pending in the 506th Judicial District Court in and for Grimes County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5-0).

P. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional and personal services agreement with KEMA, Inc., a corporation for examining for TRE/NERC regulatory compliance of the Denton Municipal Electric System; authorizing the expenditure of funds therefor in the amount not to exceed $169,580; and providing an effective date (File No. 4412).  The Public Utilities Board recommends approval (5-0).

Q. Consider approval of the minutes of: August 18, 2009 September 1, 2009 September 2, 2009 September 15, 2009

R. Consider approval of a resolution approving the recommendation (2-0) of the Mobility Committee appointing Council Member Gregory as the City’s representative to the Tarrant Regional Transportation Coalition (TRTC); and providing for an effective date.

4. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance granting approval of the use of a portion of Carl Young, Sr. Park and Woodrow Lane Park for the purpose of an underground public utility easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for a public utility easement; and providing an effective date.  The Parks, Recreation and Beautification Board recommends approval (4-0.)

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date.  The Mobility Committee recommends approval (3-0).  (Tabled from March 3, 2009)

B. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving a Specific Use Permit to allow for gas well drilling and production on property on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (S09-0006)  The Planning and Zoning Commission recommends approval (4-0).  (Tabled from July 21, 2009)

C. Consider approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date.

D. Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission (6-0) for new development located at the northeast corner of N. Bell Avenue and E. University Drive (S.H. 380).  The site is located within the Neighborhood Residential 3 and Neighborhood Residential 4 (NR-3 and NR-4) zoning districts; and is within the Bell Avenue Historic Conservation District.  (COA09-0002, Lux at Bell Avenue)

E. Consider nominations/appointments to:

1. Historic Landmark Commission

F. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Dawn Paradise regarding urban chickens.

b. Robert Donnelly regarding large phased in developments and DCTA.

G. 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

H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.



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 ___________________, 2009 at ________o'clock (a.m.) (p.m.)

______________________________
CITY SECRETARY

NOTE:       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.