AGENDA
CITY OF DENTON CITY COUNCIL
November 2, 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 2, 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

This section of the agenda allows citizens to speak on Consent Agenda Items only.  Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.  A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.

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

3. Receive a report, hold a discussion and give staff direction concerning proposals received for RFP 4576 - Legislative Consulting Services, 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.

4. Receive a report, hold a discussion, and give staff direction on proposed revisions to the new Animal Care and Adoption Center Master Plan.

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.

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:

3. Receive a report, hold a discussion and give staff direction concerning proposals received for RFP 4576 - Legislative Consulting Services, 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.



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. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Donna Woodfork regarding public access.

4. 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 approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date.  The Audit/Finance Committee recommends approval (3-0).

B. 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).

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. ($10,234) The Hotel Occupancy Tax Committee recommends approval (3-0).

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. ($650,076)  The Hotel Occupancy Tax Committee recommends approval (3-0).

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. ($23,003)  The Hotel Occupancy Tax Committee recommends approval (3-0).

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, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($98,039)  The Hotel Occupancy Tax Committee recommends approval (3-0).

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. ($82,811)  The Hotel Occupancy Tax Committee recommends approval (3-0).

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. ($7,638)  The Hotel Occupancy Tax Committee recommends approval (3-0).

I. 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. ($23,003)  The Hotel Occupancy Tax Committee recommends approval (3-0).

J. 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. ($117,776)  The Hotel Occupancy Tax Committee recommends approval (3-0).

K. 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. ($14,586)  The Hotel Occupancy Tax Committee recommends approval (3-0).

L. 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. ($73,610)  The Hotel Occupancy Tax Committee recommends approval (3-0).

M. 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. ($50,607)  The Hotel Occupancy Tax Committee recommends approval (3-0).

N. 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. ($16,572)  The Hotel Occupancy Tax Committee recommends approval (3-0).

O. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,000)  The Hotel Occupancy Tax Committee recommends approval (3-0).

P. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Texas Filmmakers Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($5,000)  The Hotel Occupancy Tax Committee recommends approval (3-0).

Q. Consider approval of revisions to an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the use of tobacco products on City of Denton playgrounds; providing a severability clause, a penalty clause and an effective date.  The Parks, Recreation and Beautification Board recommend approval (5-1).

R. 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 18, 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.

S. Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving an Interlocal Cooperative Agreement between the University of North Texas and the City of Denton to provide for the operation of the City’s public access cable television channel; and providing for an effective date.

T. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a contract for the construction of a new operations building for Denton Municipal Electric (DME); providing for the expenditure of funds therefor and providing an effective date (RFSCP 4523-Best Value for a New Operations Building for DME awarded to Crossland Construction Company, Inc. in an amount not to exceed $2,117,000).  The Public Utilities Board recommends approval (6-0).

U. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Seven to the contract between the City of Denton and Corbet Group, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4444-Downtown Denton Transit Center Change Order Number Seven in the amount of $44,822.79 for a total contract award of $2,002,796.75).

V. Consider adoption of an ordinance accepting a proposal for consulting services with JMB Consulting to oversee Denton Municipal Electric (DME) and the City of Denton compliance activities with Texas Regional Entity (TRE) and North American Electric Reliability Corporation (NERC) for an amount not to exceed $32,000 per quarter for a two year total of $256,000; and providing an effective date (This purchase falls under DME specialized procurement policy in accordance with Ordinance 2009-189). (The Public Utilities Board approved this item by a vote of (6-0).

W. Consider adoption of an ordinance approving and authorizing the City Manager of the City of Denton, Texas to execute and deliver a Third Amendment to Master Lease Agreement, by and between the City of Denton, as lessor and the Denton County Transportation Authority ("DCTA"), as lessee, amending that certain Master Lease Agreement, dated on or about September 30, 2005, by and between the City of Denton, Texas, as lessor and the DCTA, as lessee,  pertaining to certain leased premises located in the G. Walker survey, abstract number 1330, Denton County, Texas, as more particularly described in such master lease agreement; and providing an effective date.

X. Consider approval of the minutes of: October 4, 2010 October 5, 2010 October 12, 2010 October 19, 2010

5. ITEMS FOR INDIVIDUAL CONSIDERATION

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

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance regarding a Comprehensive Plan Amendment from the future land use designation of Existing Land Use to Community Mixed Use Centers on approximately 1.22 acres of land.  The subject property is located approximately 375 feet south of the intersection of Teasley Lane (F.M. 2181) and Lillian Miller Parkway, on the west side of Teasley Lane (F.M. 2181). (CA10-0001) The Planning and Zoning Commission recommends denial (6-0.

7. 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.

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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.