AGENDA
CITY OF DENTON CITY COUNCIL
November 16, 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, November 16, 2010 at 04:30 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:

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WORK SESSION

1. Citizen Comments on Consent Agenda Items

2. Requests for clarification of agenda items listed on the agenda for November 16, 2010.

3. Receive a report, hold a discussion and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for Downtown.

3. Receive a report, hold a discussion and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for Downtown.

4. Receive a report and hold a discussion on the status of the 2005 Capital Improvement Program.

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. Discuss legal strategies and alternatives regarding potential litigation or settlement, concerning street failures in a portion of the Wind River subdivisions.

B. Deliberations Regarding Security Devices or Security Audits - Under Texas Government Code Section 551.076.

1. Discuss and deliberate the deployment of security devices or security personnel, including the conduct of security audits or the consideration of specific occasions for the deployment of security devices or personnel in, around, or involving City of Denton facilities or personnel.

ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT.

Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:



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 - M). 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 - M 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 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).

B. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2009-236 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date.

C. Consider approval of a resolution of the City Council of the City of Denton, Texas (City), authorizing the intervention at the Railroad Commission of Texas concerning the filing for an increase in rates by Atmos Pipeline - Texas; requiring Atmos Pipeline to reimburse reasonable rate case expenses; authorizing the retention of counsel and rate consultants; finding that the meeting at which this resolution was approved complied with the open meetings act;  making such other findings and other provisions related to the subject.

D. Consider adoption of an ordinance of the City of Denton, Texas adopting the Denton Municipal Airport Business Plan as an official policy document intended to guide future development and financial performance of the Denton Municipal Airport, and providing an effective date.

E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation (TxDOT) relating to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. (TxDOT Project No. AM 2011DNTON and TxDOT CSJ No. M118DNTON).  The Airport Advisory Board recommends approval (6-0).

F. Consider approval of a resolution of the City of Denton, Texas requesting improvements to Interstate 35 East as designed by the Texas Department of Transportation to be fully funded and implemented for the full project length from Interstate 635 in Dallas County to U.S. Highway 380 in Denton County; and providing an effective date.

G. 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 Certificates of Obligation with an aggregate maximum principal amount equal to $11,752,000 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities.

H. Consider adoption of an ordinance accepting competitive bids and awarding a two-year contract for tree trimming services for Denton Municipal Electric (DME); providing for the expenditure of funds therefor; and providing an effective date (Bid 4401-Two Year Contract for Tree Trimming Services Section B awarded to the lowest responsible bidder meeting specification, ABC Professional Tree Services, Inc., in the two-year estimated amount of $900,000)

I. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute two professional service agreements to assist the City of Denton in advancing its State Legislative Program, assist Council and staff in addressing proposed legislation, and make the City aware of any legislative or administrative initiatives believed to be detrimental to the interests of the City; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4576-Legislative Consulting Services awarded to Focused Advocacy, LLC in an amount not to exceed $132,500 and Solutions for Local Control, LLC in an amount not to exceed $45,000 for a total award not to exceed $177,500 annually).

J. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Camp Dresser & McKee, Inc. for preparation of a sustainability plan and implementation strategy for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4536 in an amount not to exceed $169,190).

K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of software and hardware for the E.J. Ward Automated Fuel Management System to be installed at the Fuel Island and Truck Wash Facility at the City of Denton Landfill 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 4610-Purchase of Software/Hardware for Fuel Management System to E.J. Ward, Inc. in the amount of $68,429).

L. Consider adoption of an ordinance waiving the City of Denton allocation of Recovery Zone Bonds; designating Fort Bend County as the designee; and declaring an effective date.

M. Consider adoption of an ordinance of the city of Denton, Texas, establishing the new Public, Education and Government (PEG) subscriber fee rate as one percent of the cable providers’ gross revenue; authorizing and directing the City Manager or his designee to execute a letter to all Denton cable providers; and declaring an effective date.

4. CONCLUDING ITEMS

A. 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.

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

C. 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.