AGENDA
CITY OF DENTON CITY COUNCIL
September 21, 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, September 21, 2010 at 05:00 p.m. in the City Hall 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. Requests for clarification of agenda items listed on the agenda for September 21, 2010.

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.

1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters.

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

1. Receive a briefing from City’s attorneys and hold a discussion, pursuant to §551.071 of the Texas Government Code, of legal issues associated with a proposed zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas.

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.



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. Presentation of the 2009 Distinguished Budget Presentation Award.

2. Green Pride Fridays

3. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2010, on all taxable property within the corporate limits of the city on January 1, 2010, and adopting a tax rate of $0.68975 per $100 of valuation for 2010; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date.

B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2010 tax rolls; and providing an effective date.

C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2010-2011 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2010, and ending on September 30, 2011; and declaring an effective date.

D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2010-2011 Annual Program of Services (Budget) for the fiscal year beginning October 1, 2010, and ending on September 30, 2011 when the Budget will raise more revenue from property taxes than last year’s budget; and providing an effective date.

4. BUDGET 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 adoption of an ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for non-residents; providing a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date.

B. Consider adoption of an ordinance approving the expenditure of funds for the purchase of a Component Enterprise Agreement with the Microsoft Corporation to renew licensing for the use of Microsoft Windows Enterprise: Desktop Optimization Package, Remote Desktop Services and Client/Server software licensing as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under #DIR-SDD-1014; providing for the expenditure of funds therefor; and providing an effective date (File 4547-Purchase of Component Enterprise Agreement awarded to Dell-ASAP Software in the amount of $73,479.32, the first of three payments, for a total 3-year licensing agreement in the amount of $220,437.96).

C. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Long Term and Voluntary Short Term Disability Benefits for the City of Denton employee benefits program; providing for the expenditure of funds therefor; and providing an effective date (RFP 4482-Long Term Disability and Voluntary Short Term Disability Benefits awarded to The Hartford with a cost of $0.20 per $100 of payroll per month, for an estimated annual cost of $111,584 and Voluntary Short Term Disability Benefits awarded to The Hartford (with the cost per month to be determined by actual voluntary employee participation rate) in  the estimated amount of $97,289).

D. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Group Term Life and Accidental Death and Dismemberment (AD&D) and Voluntary Supplemental Life and AD&D coverage for City employees; providing for the expenditure of funds therefor; and providing for an effective date (RFP 4483-Basic and Supplemental Life/Accidental Death and Dismemberment Insurance awarded to The Hartford in the estimated amount of $118,718 and Voluntary Supplemental Life Insurance/Accidental Death and Dismemberment Insurance awarded to The Hartford (with the cost per month to be determined by actual voluntary employee participation rate) in the estimated amount of $142,786).

E. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a three-year contract for Benefit Consultant Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFSP 4484-Benefit Consultant Services awarded to McGriff, Seibels and Williams of Texas, Inc. in the annual amount of $48,500 for a three year total of $145,500.).

F. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a  three year contract for Property, Mobile Equipment, Boiler and Machinery, and Fleet Catastrophic Insurance Coverage for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4558-Property, Mobile Equipment, Boiler and Machinery, Fleet Catastrophic Insurance Coverage awarded to Traveler’s Insurance Company in the estimated annual amount of $164,860 for an estimated three year total of $495,580).

G. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Harris Public Utility Billing System and associated software modules 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 4542-Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $97,939.52).

H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld) 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 4545-Purchase of Annual Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA, Inc. in the amount of $104,218.74).

I. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Interactive Voice Response and Outage Management System and associated software modules for Denton Municipal Electric (DME) utility 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 4546-Purchase of Annual Maintenance for Milsoft Utility Systems awarded to Milsoft Utility Solutions in the amount of $61,363.00).

J. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service for CodeRED Emergency Notification System and CodeRED Weather Warning Service available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for expenditure of funds therefor; and providing an effective date (File 4548-Purchase of Annual Service for CodeRED Emergency Notification and CodeRED Weather Warning Service awarded to Emergency Communications Network, Inc. in the amount of $56,250.50).

K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management 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 4549-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $198,545.26).

L. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service access and support for Enhanced Data rates for GSM Evolution (EDGE) and 3G (third-generation) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing the expenditure of funds therefor; and providing an effective date (File 4550-Purchase of Annual Service Access and Support for Enhanced Data rates for GSM Evolution (EDGE), and 3G (Third-Generation) awarded to AT&T Mobility in the amount of $93,060.72).

M. Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of Rates contained in Ordinance No. 2009-218 for electric service; incorporate Ordinance No. 2010-066 to amend energy cost adjustment (Schedule ECA); adding local government small rate (Schedule G2); amending local government rate (Schedule G1) to exclude customers with low demand; adding unmetered security camera rate rider (Schedule USC);  amending non-standard street lighting rate (Schedule DSL) to include a facility charge;  amending industrial development rider to raise minimum demand requirement and to change  the name of the rider to economic growth rider (Schedule EGR); amending distributed generation from renewable sources rider (Schedule DGR) for clarity; amending independent wholesale generator rider (Schedule IWG) for clarity; amending renewable cost adjustment rider (Schedule RCA) for clarity; providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

N. Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance No.  2009-219 for water service rates and water rates; amending wholesale raw water service rate to Upper Trinity Regional Water District (WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); amending the fire hydrant meter deposit fee (Schedule WFH); providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

O. Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2009-220; providing for an amendment in the rates for dyno-dirt products (Schedule CWM); providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

P. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance No. 2009-221 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service; providing for the amendment to the residential refuse and recycling collection services rates and clarification thereof (Schedule SWR); amendment to and clarification of the multi-family refuse collection services rate and renaming it the multi-family household furniture collection service (Schedule SWMFS); amendment to the multi-family chemical collection/recycling rate (Schedule MFR); amendment to the commercial solid waste collection services rates (Schedule SWC); amendment to the commercial recycling services rates (Schedule SWCR); amendment to the construction, deconstruction, and demolition materials services rates (Schedule SWC&D); amendment to the collection and transportation services permit and clarifications (Schedule SWP); amendment to the sanitary landfill services rates (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date.  The Public Utilities Board recommends approval (5-0).

Q. Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to City utilities customers contained in Ordinance No.  2009-222; adding a new customer application charge; amending section 26-3 of the Code of Ordinances regarding residential service deposits; eliminating the credit report charge; providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

R. Consider adoption of an ordinance amending the schedule of engineering fees contained in Ordinance No. 2009-223; providing a repealer; providing for a severability clause; providing for an effective date.  The Public Utilities Board recommends approval (5-0).

5. 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.

NOTE:  This section of the Consent Agenda only has items A-J.

A. 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 (HIP) and eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines and criteria; and providing for an effective date.

B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a Professional Services Agreement for an engineering firm by and between CP&Y, Inc. and the City of Denton, Texas; providing for the expenditure of funds; providing an effective date (File 4556-Professional Engineering and Design Services awarded to CP&Y, Inc. in an amount not to exceed $110,000).  The Public Utilities Board recommends approval (5-0).

C. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Solutient GeoSciences, Inc. for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill as set forth in the contract, and providing an effective date (File 4571-Professional Services Agreement for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill awarded to Solutient GeoSciences, Inc., in an amount not to exceed  $100,869.40).  The Public Utilities Board recommends approval (5-0).

D. Consider adoption of an ordinance authorizing the City Manager or his designee to sign a Consent To Lien Upon Leasehold as requested by Global Maritime Supply Management, LLC, a tenant at Denton Municipal Airport, to receive financing from Comerica Bank for a facility expansion.  The Airport Advisory Board recommends approval (7-0).

E. Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an Economic Development Partnership; and providing an effective date ($210,200).

F. Consider adoption of an ordinance of the City of Denton approving Change Order Eight, an amendment to a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5 2002; extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date.  The Mobility Committee recommends approval (3-0).

G. Consider approval of the minutes of: July 19, 2010 July 20, 2010 August 2, 2010 August 3, 2010 August 5, 2010

H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Microsoft Corporation Client Access Licenses (CALs) software licensing as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under #DIR-SDD-1014; providing for the expenditure of funds therefor; and providing an effective date (File 4566-Purchase of Microsoft CALs software licensing to Dell-ASAP Software in the amount of $140,107.20).

I. Consider adoption of an ordinance of the City of Denton, Texas ratifying the action of the City Manager’s award of a contract dated August 26, 2010, by and between the City of Denton and Brandt Engineering, for the purpose of installing lighting retrofit replacement, acquiring two (2) chilled water pumps 15 HP, two (2) condenser water pumps 7.5 HP, variable frequency drives (VFDs) for the chilled water pumps, and two (2) cooling towers in the total sum of $512,541, said contract having been executed pursuant to Ordinance 2010-097 relating to the City’s expenditures of formula funds allocated to the City of Denton through the federal government’s Department of Energy’s Energy Efficiency and Conservation Block Grant Program and authorizing administration of expenditures and fiscal and administrative matters related to said Grant Program.

J. Consider approval of a resolution of the City Council of the City of Denton, Texas, ("City") approving a change in the tariffs of Atmos Energy Corporation, Mid-Tex Division ("Atmos"), as a result of a settlement between Atmos and the Atmos Texas Municipalities ("ATM"); finding the rates set by the attached tariffs to be just and reasonable; finding that the additional cost for replacing steel service lines is appropriate and is approved subject to a prudence review, finding that the continuation of the rate review mechanism ("RRM"), as amended, for two years is reasonable, requiring delivery of the Resolution to the company and legal counsel; determining that the meeting at which this Resolution was approved complied with the open meetings act; making other findings and provisions related to the subject; and declaring an effective date.

7. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider approval of a resolution authorizing the Mayor to execute and deliver correspondence and other documentation to Oncor Electric Delivery Company LLC ("Oncor") and the Public Utility Commission of the State of Texas regarding the proposed electric transmission line contemplated to be constructed by Oncor together with the transmission line’s potential location within, over, across or in the vicinity of the City of Denton, Texas; and providing an effective date.

B. Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas (Z09-0013)  The Planning and Zoning Commission recommended approval of the rezoning of six (6) of the seven lots from Neighborhood Residential 3 (NR-4) to Neighborhood Residential Mixed Use (NRMU) subject to overlay conditions (5-1).

C. 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.

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

E. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow changes to an existing elevation and site plan for a telecommunications tower located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 7.908 acres.  The property is located at the southwest corner of Audra Lane and Lattimore Street and is more commonly known as Lot 1, Block 1 of the Faith Tabernacle Assembly of God Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (S10-0002).  The Planning and Zoning Commission recommends approval (5-0).

A. Consider approval of a resolution authorizing the Mayor to execute and deliver correspondence and other documentation to Oncor Electric Delivery Company LLC ("Oncor") and the Public Utility Commission of the State of Texas regarding the proposed electric transmission line contemplated to be constructed by Oncor together with the transmission line’s potential location within, over, across or in the vicinity of the City of Denton, Texas; and providing an effective date.

6. PUBLIC HEARINGS

7. ITEMS FOR INDIVIDUAL CONSIDERATION



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.