|
Click here to view Agenda with Backup Materials |
| 1. | Requests for clarification of agenda items listed on the agenda for July 20, 2010. |
| 1. | Requests for clarification of agenda items listed on the agenda for July 20, 2010. |
| 2. | Receive a report, hold a discussion and give staff direction regarding nominations to the City’s Boards and Commissions. |
| 3. | Receive a report, hold a discussion, and give staff direction concerning the development of the FY 2010-11 Proposed Budget and Financial Forecast. |
| 4. | Receive a report, hold a discussion, and give staff direction concerning proposed amendments to: |
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. Subchapter 3 of the Denton Development Code (DDC) regarding authority given to the Zoning Board of Adjustment;
2. Subchapter 16 of the DDC regarding gas well development platting;
3. Subchapter 22 of the DDC regarding gas well drilling and production;
4. Subchapter 23 - Definitions - of the DDC; and
5. the schedule of fees contained in Ordinances 2005-237, and 2009-098 (2006 City Fire Code) pertaining to gas well drilling and production within the City limits and the Extra Territorial Jurisdiction (DCA10-0003).
| 1. | Closed Meeting: |
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consult with City’s attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and  transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees; and (5) other legal issues associated with Regular Session Item 4.B.
2. Consultation with the City’s attorneys regarding legal issues associated with board and commission members and conflicts of interest and the release of confidential information 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 Rules of Professional Conduct of the State Bar of Texas.
B. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074
1. Deliberate and discuss the appointment, evaluation, reassignment, duties, procedures, discipline or removal and/or hear a complaint or charge involving officers of the City Council (Civil Service Commission, Health and Building Standards Commission, Denton Housing Authority, Historic Landmark Commission, Planning and Zoning Commission, Zoning Board of Adjustment).
| 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
| 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 - X). 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 - X 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 and confirm the re-appointment by the City Manager of Darhyl Ramsey to the Civil Service Commission.
B. Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating Medical Examinations for the City of Denton employees; and declaring an effective date.
C. Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating Payroll Deductions for the City of Denton employees; and declaring an effective date.
D. Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating Overtime for the City of Denton employees; and declaring an effective date.
E. Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating Meal and Break Times for the City of Denton employees; and declaring an effective date.
F. Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating Solicitation by and to City of Denton employees; and declaring an effective date.
G. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Kiwanis for the purpose of hosting the Fourth of July Fireworks Show; providing for the expenditure of funds; and providing for an effective date. ($1,400)
H. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Friends of the Denton Public Libraries Organization for supplemental funding for the adult literacy program; providing for the expenditure of funds; and providing for an effective date. ($550)
I. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; providing for the expenditure of funds; and providing for an effective date. ($750)
J. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Retired and Senior Volunteer Program to assist with funding of postage; providing for the expenditure of funds; and providing for an effective date. ($200)
K. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Court Appointed Special Advocates to assist with funding of utilities, phone cost, local travel for child visits and/or office supplies; providing for the expenditure of funds; and providing for an effective date. ($600)
L. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Mesquite, Texas under section 271.102 of the Local Government Code, to authorize participation in various City of Mesquite contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4509 - Interlocal Agreement with City of Mesquite).
M. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the South Peak Flow Pump Station at the Pecan Creek Water Reclamation Plant; providing for the expenditure of funds therefor; and providing an effective date (Bid 4501 - Pecan Creek Water Reclamation Plant Peak Flow Pump Station awarded to the lowest responsible bidder meeting specification, Crescent Constructors, Inc. in the amount of $803,000). The Public Utilities Board recommends approval (4-0).
N. Consider adoption of an ordinance rejecting any and all sealed proposals for a radio/telephone recorder system (including installation) for the City of Denton’s Public Safety Departments (RFSP 4495); and providing an effective date.
O. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of additional radio communications equipment for the McKenna Park and Denton County Emergency Operations Communication sites 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 4516 - Purchase of Communications Equipment for 2 Channel Expansion awarded to Motorola, Inc. in the amount of $169,642). The Public Utilities Board recommends approval (7-0).
P. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal controllers and video equipment for the City of Denton Traffic 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 4527 - Purchase of Traffic Controllers and Video Equipment awarded to Paradigm Traffic Systems, Inc. in the estimated amount of $350,000).
Q. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Retaining Wall Materials for construction of a Screening Wall at Phase 3, Cell A at the City of Denton Landfill 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 4532 - Purchase of Retaining Wall Materials for City of Denton Landfill awarded to Stone Strong, LLC in the amount of $87,175.00). The Public Utilities Board recommends approval (5-0).
R. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee, to enter into an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton; providing a savings clause and providing an effective date.
S. Consider adoption of an ordinance approving an assignment of a leasehold interest in an airport lease agreement at Denton Municipal Airport from Robby Ritchey to Alan Ritchey, Inc. located at 4849 Spartan, Denton, Texas at the Denton Municipal Airport and providing an effective date. The Airport Advisory Board recommends approval (7-0).
T. Consider approval of a resolution of the City Council of the City of Denton, Texas appointing a primary and an alternate member as an official voting representative to the Regional Transportation Council (RTC) of the North Central Texas Council of Governments; and providing an effective date.
U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a first amendment to professional services agreement between Chaing, Patel, and Yerby, Inc. (CP&Y) and the City of Denton, Texas, expanding the scope of services previously defined in the professional services agreement, which amendment allows CP&Y to provide engineering consulting services related to the landfill expansion to include, 1) hydrologic and hydraulic evaluations, 2) the preliminary sizing and location of a 4.5 million gallon flow equalization basin, and 3) analysis of the floodplain/floodway impacts of extending a landfill retaining wall and berm along the creek side of the flow equalization basin downstream to the headworks of the Wastewater Treatment Plant for an additional amount not-to-exceed $41,050; providing for the expenditure of funds therefor; and providing an effective date ($41,050 further professional engineering services, totaling $104,050 when aggregated with the previous professional services agreement). The Public Utility Board recommends approval (7-0).
V. Consider adoption of an ordinance accepting sealed proposals and awarding agreements for the purchase of services relating to a Utility Meter Data Management Solution related to an automatic meter reading infrastructure system for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date. (RFSP #4448 - request for sealed proposals for Utility Meter Data Management Solution in an amount not to exceed $395,030.). The Public Utilities Board recommends approval (5-0).
W. Consider adoption of an ordinance accepting sealed proposals and awarding an agreement for the purchase of an Advanced Metering Infrastructure System for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date. (RFSP #4485 - Advanced Metering Infrastructure System awarded to Trilliant Networks, Inc. in a five-year amount of not-to-exceed $1,391,307.04). The Public Utilities Board recommends approval (5-0).
X. Consider approval of the minutes of June 8 and June 15, 2010.
| 4. | PUBLIC HEARINGS |
B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas concerning proposed amendments to:
1. Subchapter 3 of the Denton Development Code (DDC) regarding authority given to the Zoning Board of Adjustment;
2. Subchapter 16 of the DDC regarding gas well development platting;
3. Subchapter 22 of the DDC regarding gas well drilling and production;
4. Subchapter 23 - Definitions - of the DDC;
5. the schedule of fees contained in Ordinances 2005-237, and 2009-098 (2006 City Fire Code) pertaining to gas well drilling and production within the City limits and the Extra Territorial Jurisdiction; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (DCA10-0003) The Planning and Zoning Commission recommendation is pending the July 14, 2010 meeting.
C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the following matters, as they relate to the Fry Street Overlay District, Section 35.7.5 of the Denton Development Code (DDC):
1. To update DDC references in the text of the overlay district (DCA10-0004); and
2. To create a subarea of approximately 4.275 acres for a proposed mixed use development located on the block bound by Oak, Hickory, Fry, and Welch Streets, with an associated set of regulations specific to the proposed mixed use development (Z10-0009).
| 5. | ITEMS FOR INDIVIDUAL CONSIDERATION |
A. In accordance with HUD 24 CFR Section 570.611 (d) (1)(i); receive a statement of disclosure of Community Development Coordinator Luisa Rodriguez-Garcia’s conflict of interest in the Community Development Block Grant Program through her spouse’s position as Executive Director of the Denton City County Day School, a non-profit organization that receives CDBG funding.
B. Consider appointments to the following boards and commissions:
1. Airport Advisory Board
2. Animal Shelter Advisory Committee
3. Community Development Advisory Committee
4. Health & Building Standards Commission
5. Historic Landmark Commission
6. Human Services Advisory Committee
7. Library Board
8. Parks, Recreation and Beautification Board
9. Planning and Zoning Commission
10. Public Art Committee
11. Public Utilities Board
12. Traffic Safety Commission
13. Zoning Board of Adjustment
C. Consider nominations/appointments to the Economic Development Partnership Board.
D. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a). Bob Clifton regarding our City Charter -- Initiative, Referendum and Recall.
b). Kathryn Newton regarding cyclist and pedestrian safety and rights.
c). Willie Hudspeth regarding concerns of Southeast Denton.
d). Lanisha Hudspeth regarding concerns of Southeast Denton.
e). Jordan Hudspeth regarding concerns of Southeast Denton.
f). Hagar Hudspeth regarding concerns of Southeast Denton.
E. 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.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.
| ______________________________ CITY SECRETARY |