AGENDA
CITY OF DENTON CITY COUNCIL
September 7, 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 7, 2010 at 04:30 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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1. Requests for clarification of agenda items listed on the agenda for September 7, 2010.

2. Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.

1. Closed Meeting:

A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorney - Under Texas Government Code, Section 551.071.

1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to further legal matters affecting the settlement tentatively approved on March 9, 2010 by and between the City, DBT Porcupine, L1, a Delaware Business Trust ("DBT") and BDC Family Limited Partnership, a Texas Limited Partnership regarding the settlement of conflicting legal claims and the granting of an easement to the City by DBT regarding that certain 3.814 acre tract of land situated at the northeast corner of Loop 288 and Spencer Road, in the City of Denton, Denton County, Texas and lying in the Mary L. Austin Survey, Abstract No. 4 and in the M.E.P. and P.R.R. Survey, Abstract No. 927, in the City of Denton, Denton County, Texas.  Consultation with the City’s attorneys regarding further legal issues associated with the compromise of conflicting claims regarding said land, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations regarding a final settlement of such claim and 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 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.

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

1. Receive a report and hold a discussion with the City’s attorneys regarding legal issues related to the power and authority of the Denton County Transportation Authority ("DCTA") to acquire real property interests within the municipal boundaries of the City of Denton and actions of the City of Denton required for DCTA’s acquisition of such real property interests.  The duty of the City’s attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code in this matter.



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 - K). 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 - K 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 authorizing the City Manager to execute Change Order Number Five to the contract between the City of Denton and Terra-Solve, Inc. for design services related to the construction of a fleet fueling facility located at 1251 South Mayhill Road; providing for the expenditure of funds therefor; and providing an effective date (File 4124-Change Order Number Five in the amount of $6,438 for a total contract amount of $104,075.97).

B. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Four to the contract between the City of Denton and Terra-Solve, Inc. for design services related to the construction of a truck wash facility located at 1251 South Mayhill Road; providing for the expenditure of funds therefor; and providing an effective date (File 4125-Change Order Four in the amount of $12,337.27 for a total contract amount of $106,327.27).

C. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Harris County Department of Education and awarding a contract for the purchase and installation of two chiller units to service City of Denton facilities; providing for the expenditure of funds therefor; and providing an effective date (File 4552-Interlocal Agreement for Purchase and Installation of Two Chillers with Harris County Department of Education, contract awarded to Brandt Engineering in the amount of $440,544).

D. Consider adoption of an ordinance approving a "First Amendment to Professional Services Agreement for Architect or Engineer" by and between the City of Denton, Texas and Malcolm Pirnie, Inc. to provide engineering services for the design of the Lake Lewisville Water Treatment Plant rehabilitation and process upgrade; authorizing the expenditure of funds therefor; and providing an effective date (File 4399-providing for an additional $139,100 for additional services on the project for a total award of  $2,739,100).  The Public Utilities Board recommends approval (5-0).

E. Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to a service agreement dated March 2, 2010 between the City of Denton and the Tejas Storytelling Association; and providing an effective date.  ($350)

F. Consider adoption of an ordinance repealing and replacing Ordinance No. 2006-113 of the City of Denton, Texas, establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the city as provided for in Section 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the City of Denton, Texas; repealing all ordinances in conflict herewith; providing a severability clause; and providing an effective date.

G. Consider adoption of an ordinance of the City of Denton, Texas amending a contract with Intermedix, Inc. for patient care reporting and emergency medical service (EMS) billing for the City of Denton Fire Department by amending provisions relating to the termination of collection efforts and compensation for services provided; authorizing the expenditure of funds therefor; and providing an effective date.

H. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date.

I. Consider adoption of an ordinance of the City of Denton, Texas, approving the extension of the term of a contract between the City of Denton, Texas and VP Imaging DBA DocuNav Solutions (BID NO. 4450) for an electronic document archiving system for the Planning and Development Department; authorizing the expenditure of funds therefor; providing a repealing clause; providing a severability clause; and providing an effective date.

J. Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to an Airport Lease Agreement approved by Resolution R87-054 dated September 15, 1987, between the City of Denton, Texas and First Financial Resources, Inc. at Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0).

K. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Final Compromise, Settlement and Release of All Claims by and between the City of Denton, Texas, DBT Porcupine, L1, a Delaware Business Trust and BDC Family Limited Partnership, a Texas Limited Partnership; authorizing the City Manager and City Attorney to act on the City’s behalf in executing any and all conveyances and other supporting documents pertaining thereto; and to take such other and further actions as are necessary to effectuate and finalize the settlement; authorizing the City Manager to execute a Quit Claim Deed regarding the tract in issue; authorizing the City Manager to receive an easement on behalf of the City of Denton, Texas; authorizing the expenditure of funds therefor; and declaring an effective date.

4. PUBLIC HEARINGS

A. Hold a public hearing and receive citizen input on the FY 2010-11 Proposed Budget.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 14 of the Code of Ordinances by adding Article IV Section 14-91, Illegal Smoking Products, to prohibit the use, purchase, possession and sale of salviadivinorum or salvinorum or any synthetic cannabinoid known or sold under such names as "Spice," "Genie," "DaScents," "Zohai," "K-2," and "KO Knockout 2" and any analogue or variant thereof by whatsoever name it may be called for public health purposes; providing a repealing clause; providing a savings clause; providing a severability clause; providing for penalty of fine not to exceed Five Hundred Dollars ($500.00); and providing for an effective date.

B. Consider appointments to the following boards and commissions:

1. Community Development Advisory Committee

2. Health & Building Standards Commission

3. Human Services Advisory Committee

4. Zoning Board of Adjustment

C. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Eli Gemini regarding Texas Filmmakers, Inc.

b. Ken Gold regarding reducing fire protection.

c. Bob Clifton regarding firemen’s dilemma.

d. John Baines regarding rental fee for City property.

e. Donna Woodfork regarding community access.

f. Hatice Salih regarding the Denton Fire Department.

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.