AGENDA
CITY OF DENTON CITY COUNCIL
April 20, 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, April 20, 2010 at 02:30 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:

Click here to view Agenda with Backup Materials

1. Requests for clarification of agenda items listed on the agenda for April 20, 2010.

2. 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 2010 - 2014 Consolidated Plan for Housing and Community Development and the 2010 Action Plan and give staff direction.

3. Receive a report, hold a discussion, and give staff direction regarding the upcoming General Obligation, Certificates of Obligation, and Utility System Revenue Bond debt issuances.

4. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 22 of the Denton Development Code (DDC) regarding gas well drilling and production.  The discussion will include an analysis of gas well and production ordinances of neighboring cities within the Metroplex area, and responses and findings of information requested by the City Council during the December 1, 2009 Work Session on gas well drilling and production.

5. Receive a report, hold a discussion, and give staff direction regarding the draft Denton Property Maintenance Code.

6. Receive a report, hold a discussion and give staff direction regarding amending Section 25-10.(b) of the City of Denton Code of Ordinances; and to consider repealing Article X "Construction Advisory and Appeals Board" of Chapter 28 of the Code of Ordinances; create a new Article X within Chapter 2 of the Code of Ordinances.

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. Consultation with Attorney - Under Texas Government Code Section 551.071.

1. Consultation with the City’s attorneys on legal issues related to the issuance of debt as allowed by state and local law.

B. Consultation with Attorney - Under Texas Government Code Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code 551.074.

1. Consultation with the City’s attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, city auditor, and/or the municipal court judge where public discussion associated with 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 of Professional Conduct of the State Bar of Texas.  Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, city auditor, and/or the municipal court judge.

C. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086.

1. Receive a presentation from Staff regarding public power competitive and financial matters, and discuss and deliberate regarding the possible installation of a state-of-the-art combined heat and power (CHP) tri-generation station in the industrial district in the City of Denton.

2. Discuss, deliberate and receive information from staff regarding public power competitive and financial issues involved with the proposed Amendment to Power Sales Contract regarding the Texas Municipal Power Agency.  Consultation with the city attorney regarding legal issues associated with the proposed Amendment to Power Sales Contract, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council and would clearly conflict with the duty of the City’s attorneys to the City of Denton, Texas and to 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. Resolution of Appreciation for Tom Shaw

2. Presentation of the Texas Department of Transportation Aviation Division 2010 Reliever Airport of the Year Award

3. Denton Redbud Festival Day Proclamation

4. National Financial Literacy Month Proclamation

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 - R). 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 - R 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 a resolution of the City Council of the City of Denton, Texas, renewing a policy for tax abatement for the City of Denton to establish guidelines and criteria governing tax abatement agreements; and declaring an effective date.  The Economic Development Partnership Board recommends approval (7-0).

B. Consider adoption of an ordinance providing for the expenditure of funds for the emergency purchase of gasoline and diesel fuel in accordance with provisions of state law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 4496-Emergency Purchase of Gasoline and Diesel Fuel to Martin Eagle Oil Co. in the estimated amount of $426,000).

C. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (File 4492-Interlocal Agreement for Gasoline and Diesel fuel with Tarrant County, contract awarded to Martin Eagle Oil Co., in the annual estimated amount of $5,300,000).

D. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of 36 inch, 42 inch and 48 inch sanitary sewer from east of Woodrow Lane across Ruddell Street to Mulberry Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 4481-awarded to the lowest responsible bidder meeting specification, Wright Construction Co., Inc. in the amount of $1,483,490).  The Public Utilities Board recommends approval (5-0).

E. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of  legal advertising for the City of Denton Planning Department 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 4499-Purchase of Legal Advertising for 2010 Annexation Program in the amount of $54,621).

F. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the University of North Texas for the purpose of hosting the African Cultural Festival; providing for the expenditure of funds; and providing for an effective date. ($550)

G. Consider approval of a resolution allowing La Mexicana to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 1, 2010, 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.  The Parks, Recreation and Beautification Board recommends approval (5-0).

H. Consider a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks Church of Christ Community Festival to be held on Sunday, May 23, 2010, from 4:00 p.m. to 9:00 p.m.  The event will be held in the church parking lot located at 101 Cardinal Drive.  The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday.  An increase in decibels will not be needed.  Staff recommends approval of the request.

I. Consider approval of a resolution allowing Pro-Fest, Inc. to be the sole participant allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival for three consecutive years, 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.  The Parks, Recreation and Beautification Board recommends approval (5-0).  Staff recommends approval of the request.

J. Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date.

K. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Amended Power Sales Contract regarding the Texas Municipal Power Agency, a Texas Joint Powers Agency, executed by its four Member Cities, the Cities of Bryan, Denton, Garland and Greenville, Texas; authorizing the City Manager and City Attorney to act on the City’s behalf in executing the Amended Power Sales Contract together with all necessary supporting documents; and to take such other and further actions as are necessary in order to effectuate and finalize the Amended Power Sales Contract; authorizing the expenditure of any funds therefor; and declaring an effective date.

4. PUBLIC HEARINGS

A. Hold a public hearing inviting citizens to comment on the City of Denton’s 2010 - 2014 Consolidated Plan for Housing & Community Development and the 2010 Action Plan.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton totaling $64,000,000; and providing for an effective date.

B. Consider nominations/appointments to the following Boards and Commissions:

1. Construction Advisory and Appeals Board

2. Parks, Recreation and Beautification Board

C. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Margarete Neale regarding the city’s gas/drilling ordinances.

b. Sharon Wilson regarding gas drilling and Denton’s drilling ordinance.

c. Brandon Adams regarding Fry Street.

d. Cathy McMullen regarding the urgent need for gas well drilling ordinances in Denton Texas.

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 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.

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 ___________________, 2010 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.