AGENDA
CITY OF DENTON CITY COUNCIL
November 3, 2009


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, November 3, 2009 at 04:30 p.m. in the Work Session Room at City Hall, 215 E. McKinney Street , Denton, Texas at which the following items will be considered:

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1. Requests for clarification of agenda items listed on the agenda for November 3, 2009.

2. Receive a report, hold a discussion and give staff direction regarding the draft Handbook for Boards, Commissions, and Council Committees.

3. Receive a report, hold a discussion and give staff direction on Redistricting due to the upcoming census and annexation of additional areas into the City of Denton.

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.

1. Closed Meeting:

A. 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.

B. 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

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

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 - Z). 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 - Z 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 of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Assistance Agreement between the City of Denton, City of Arlington, City of Dallas, City of Fort Worth, City of Garland, City of Irving, City of Mesquite, City of Plano, the Northeast Fire Department Association, and the Dallas/Fort Worth Airport for explosive render safe operations and explosion investigation; and declaring an effective date.

B. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of Hotel Tax Revenue; and providing an effective date. ($24,500) The Hotel Occupancy Tax Committee recommends approval (2-0).

C. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of Hotel Tax Revenue; and providing an effective date. ($10,900) The Hotel Occupancy Tax Committee recommends approval (2-0).

D. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of Hotel Tax Revenue; and providing an effective date. ($692,380) The Hotel Occupancy Tax Committee recommends approval (2-0).

E. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of Hotel Tax Revenue; and providing an effective date. ($24,500) The Hotel Occupancy Tax Committee recommends approval (2-0).

F. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton County for the payment and use of Hotel Tax Revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American Museum, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($104,420) The Hotel Occupancy Tax Committee recommends approval (2-0).

G. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Festival Foundation for the payment and use of Hotel Tax Revenue; and providing an effective date. ($88,200) The Hotel Occupancy Tax Committee recommends approval (2-0).

H. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of Hotel Tax Revenue; and provide an effective date. ($8,135) The Hotel Occupancy Tax Committee recommends approval (2-0).

I. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of Hotel Tax Revenue to promote tourism and the convention and hotel industry; and providing an effective date. ($125,440) The Hotel Occupancy Tax Committee recommends approval (2-0).

J. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of Hotel Tax Revenue, and providing an effective date. ($15,535) The Hotel Occupancy Tax Committee recommends approval (2-0).

K. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the North Texas State Fair Association for the payment and use of Hotel Tax Revenue; and providing an effective date. ($78,400) The Hotel Occupancy Tax Committee recommends approval (2-0).

L. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of Hotel Tax Revenue; and providing an effective date. ($53,900) The Hotel Occupancy Tax Committee recommends approval (2-0).

M. Consider adoption of an ordinance authorizing the City Manager to execute an Agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of Hotel Tax Revenue; and providing an effective date. ($17,650) The Hotel Occupancy Tax Committee recommends approval (2-0).

N. Consider approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. The Audit/Finance Committee recommends approval (3-0).

O. Consider approval of a resolution of the City Council of the City of Denton authorizing the investment of public funds in the Texas Short Term Asset Reserve Program ("TexSTAR"), a Texas Local Government Investment Pool; Delegating authority to invest funds and act as custodian of investments purchased with local investment funds to TexSTAR; providing for the investment of public funds consistent with the Public Funds Investment Act and the City’s Investment Policy; designating authorized representatives; authorizing the Mayor to execute the participation agreement; and providing for an effective date.  (The Audit/Finance Committee recommends approval (3-0).

P. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Utility Bonds with an aggregate maximum principal amount equal to $6,803,292 to facilitate Denton Municipal Electric funding of ongoing capital expenditures for expansion of the distribution and transmission electric facilities.

Q. Consider approval of a resolution allowing the Denton Community Theatre to be the sole participant allowed to sell alcoholic beverages at the Beaujolais on November 19, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.

R. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Texas Association of School Boards (TASB) and Buy Board Cooperative Purchasing Network for the acquisition of eight vehicles for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4460-Interlocal Agreement for the purchase of Utility Fund Vehicles and Equipment awarded to multiple vendors as listed on Exhibit A in the amount of $318,475). The Public Utilities Board recommends approval (7-0).

S. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of curb, gutter, and driveway structures and radiuses on Mulkey Lane; 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 $209,925.45).

T. Consider adoption of an ordinance approving the expenditure of funds for the purchase of disk storage to expand the Compellant Storage Area Network (SAN) available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4426-Purchase of Disk Storage for Compellant Storage Area Network awarded to EST Group in the amount of $96,362).

U. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines and criteria; and providing for an effective date.

V. Consider adoption of an ordinance of the City of Denton, Texas amending Section 15-36 of the Code of Ordinances of the City of Denton, clarifying provisions relating to the enforcement of Fair Housing complaints, providing for severability and an effective date.

W. Consider adoption of an ordinance approving an Interlocal Participation Agreement between the City of Denton and Public Employee Benefits Alliance for the provision of employee benefits; and declaring an effective date.

X. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, changing Railroad Avenue to a one-way street heading south between McKinney Street/FM 426 and Hickory Street; providing for thirty-degree angle parking on the east and parallel parking on the west side of Railroad and providing a savings clause, providing a severability clause, providing a penalty not to exceed five hundred dollars; and declaring an effective date.  The Mobility Committee recommends approval (3-0).

Y. Consider adoption of an ordinance authorizing the City Manager to execute a First Amendment to Professional Services Agreement for engineering development review services by and between the City of Denton, Texas and Freese and Nichols, Inc.; providing for the expenditure of funds therefor; and providing an effective date ($100,000 further professional engineering services; totaling $387,518 of professional engineering services).

Z. Consider the adoption of an ordinance of the City of Denton, Texas, extending the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, and as extended and expanded on September 22, 2009 (as amended and extended, the "Right of Entry") in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activity as described in the Right of Entry; and providing and effective date.

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

C. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Karl Klement regarding the impact of the day labor site on his laundry business.

D. 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

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.



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:      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.