1. | Requests for clarification of agenda items listed on the agenda for March 2, 2010. |
a. DH-7:Â Approximately 143 acres, generally located on the east and north side of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive;
b. DH-9:Â Approximately 298 acres, generally located north of Pockrus Page Road, north, south and northeast of Edwards Road; and
c. DH-12:Â Approximately 1,153 acres, generally located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road.
3. | Receive a report, hold a discussion and give staff direction regarding possible revisions to utility customer credit and collection policies. |
1. | Closed Meeting: |
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Receive a briefing and report from the City’s attorneys regarding the litigation entitled City of Denton, Texas v. Range Resources Corporation, Range Operating Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co.; Cause No. 2008-19218-16, pending in the 16th Judicial District Court, Denton 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.
B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorney - Under Texas Government Code Section 551.071
1. Receive a presentation from DME staff, discuss, deliberate and consider possible changes to the ECA Rate Rider to the electric rate ordinance, which issues are public power utilities competitive and financial matters. Receive legal advice from the City’s attorneys regarding possible changes to the ECA Rate Rider. Provide the City’s 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. (Mike Grim)
C. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
1. Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to possible annexations of property into the City of Denton where 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. Professional Social Work Month proclamation
2. Proclamation for Jim Witt
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 - W). 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 - W 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 adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds; and providing an effective date.
B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Kanda Boonumpaichayakui from the Downtown Incentive Grant Program not to exceed $5,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0).
C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Water Treatment Chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4456-Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $800,000). The Public Utilities Board recommends approval (5-0).
D. Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the construction of a 36 inch, 42 inch and 48 inch sewer line for the City of Denton (Bid Number 4457); and providing an effective date.
E. Consider approval of the minutes of: February 9, 2010
F. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during the NX35 Music Conferette. The concert will be held at the North Texas Fairground located at 2217 N. Carroll on Saturday, March 13, 2010. The sound check will be from 11:00 a.m. until 2:00 p.m. The sound check can be accomplished with 50% of the volume level. A playlist of recorded music will begin at 3:00 p.m. and live performances will begin at 6:00 p.m. and conclude at 9:45 p.m. This request is for an increase in sound from 70 decibels to 102 decibels. Staff recommends an increase to 75 decibels.
G. Consider a request for an exception to the Noise Ordinance for the purpose of the 3rd Annual Bean Stock Music Festival, sponsored by Cool Bean’s Bar and Grill. The event will be held at Cool Beans, located at 1210 W. Hickory Street, on Saturday, April 10, 2010, beginning at 2:00 p.m. and concluding at 12:00 a.m. The exception is requested for extension of the hours of operation for amplified sound and for an increase in sound from 70 to 77 decibels. Staff recommends an increase to 75 decibels.
H. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during the Glory of Zion International Ministries conference and celebration. The five day conference will be held from Wednesday, March 24th through Sunday, March 28th on the church property located at the corner of Windsor Drive and I-35N. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 decibels and for amplified sound on Sunday from 8:00 a.m. - 1:00 p.m. Staff recommends an increase to 75 decibels.
I. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a third and final one-year extension to the depository services contract with Wachovia Bank, N.A.; and providing an effective date.
J. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a two-year extension to the investment advisory services contract with First Southwest Asset Management Inc.; and providing an effective date.
K. Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date.
L. Consider adoption of an ordinance of the City of Denton, Texas amending the City’s Utility Credit and Collection policies that are contained in the Denton Code of Ordinances, Chapter 26, "Utilities," Sections 26-3, 26-4, 26-5, 26-6, 26-8, and 26-9; providing an open meetings clause; providing a cumulative clause; providing a repealer; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (5-0).
M. Consider adoption of an ordinance of the City of Denton, Texas approving a Compromise Settlement Agreement between Range Resources and the City of Denton; authorizing the City Manager and the City’s attorneys to act on the City’s behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; and declaring an effective date.
N. Consider adoption of an ordinance of the City of Denton, Texas amending the Denton Municipal Electric ordinance contained in Ordinance No. 2009-218, solely as to rate rider ECA (Energy Cost Adjustment); providing for a repealer; providing for a severability clause; providing for an effective date.
O. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Tejas Storytelling Association for supplemental funding for entertainment at the Texas Storytelling Festival; providing for the expenditure of funds therefore; and providing for an effective date. ($550)
P. Consider adoption of an ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-2 of approximately 258 acres located on the south side of University Drive, west and east sides of Thomas J. Egan Road, north of Jim Christal road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date.
Q. Consider adoption of an ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-3 of approximately 421 acres located on the south side of Spring Side Road, north, south and west of Corbin Road, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date.
R. Consider adoption of an ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-4 of approximately 347 acres located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date.
S. Consider adoption of an ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-11 of approximately 388 acres located southeast of the intersection of Mayhill Road and McKinney Street, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date.
T. Consider adoption of an ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA1 of approximately 1,171 acres located on the south side of Jim Christal Road, the north side of Tom Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date.
U. Consider adoption of an ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA2 south of approximately 1,472 acres located on the south side of FM 1173, north of W. University Drive, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date.
V. Consider adoption of an ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA3 of approximately 1,075 acres located on the south side of Ganzer Road, north and south of Barthold Road, north of FM 1173, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date.
W. Consider adoption of an ordinance providing for acceptance of eligible non-annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA4 of approximately 1,555 acres located on the south side of Milam Road, north of Loop 288, east of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date.
4. PUBLIC HEARINGS
5. ITEMS FOR INDIVIDUAL CONSIDERATION
B. Consider appointments to the following Boards and Commissions:
1. Construction Advisory and Appeals Board
2. Human Services Advisory Committee
There were no nominations/appointments made at this meeting.n Services Advisory Committee
C. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a. Bob Clifton regarding Fry Street.
b. James Davenport regarding speed limit enforcement.
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.
______________________________ CITY SECRETARY |