AGENDA
CITY OF DENTON CITY COUNCIL
August 17, 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, August 17, 2010 at 3:00 p.m. in the City Hall Conferencr 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 August 17, 2010.

2. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapters 3, 16, 22 and 23 of the Denton Development Code regarding gas well drilling and production as amended by Ordinance No. 2010-181.  (DCA10-0006)

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

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.  When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting.  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, as set forth below.

1. Closed Meeting:

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

1. Consider and discuss the status of legal issues relating to the settlement of City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-cv-00173 and subsequent claims and provide direction to the city’s attorneys regarding same.

2. 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 for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction.

3. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney 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.  Also hold a discussion regarding a request for an economic development incentive for Grand Mesa, LLC for a portion of the Granite Point development located on I-35W south of Airport Road.

B. Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.

1. Deliberate the offer of a financial or other incentive to Sykes-Vaughan Investments, LLC, a business prospect that the City of Denton seeks to have locate, stay, or expand in or near the Denton Municipal Airport.

C. 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.

The City Council will attend a reception for Board and Commission members on Tuesday, August 17, 2010 at 5:30 p.m. in the Council Work Session Room at City Hall.

The City Council will convene in the Council Chambers at 6:00 p.m. at which time the following items will be considered:

1. Consider approval of a resolution of appreciation for retiring Board/Commission members.

2. Oath of Office for New and Continuing Board Members.



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 - G). 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 - G 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 a request for an exception to the Noise Ordinance for the purpose of the 12th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce.  The event will be held in Quakertown Park on Saturday, SeptemberĀ 18, 2010, from 1:00 p.m. to 10:30 p.m. and Sunday, September 19, 2010, from 1:00 p.m. to 8:30 p.m.  The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to have amplified sound on Sunday.  The amplified sound will not go above the allowable 70 decibels for an outdoor concert.  Staff recommends approval.

B. Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18 - 19, 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.  The Parks, Recreation and Beautification Board recommends approval (5-0).

C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Harris County Department of Education, Harris County, Texas under Section 271.102 of the Local Government Code, to authorize participation in various Harris County Department of Education contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4551-Interlocal Agreement with Harris County Department of Education).

D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a "Professional and Personal Services Agreement for consulting services for the City of Denton Watershed Protection Program," in an amount not-to-exceed $227,200 by and between the City of Denton, Texas and CH2MHill, Inc., a consulting and engineering firm for services implementing the Hickory Creek Watershed Protection Plan and increasing the scope of the protection plan to include the entire Lake Lewisville Watershed; related to a Texas Commission on Environmental Quality ("TCEQ") Section 319 water quality grant that has been awarded to Denton previously; providing for the expenditure of funds; providing for retroactive approval, ratification and confirmation thereof; providing an effective date (File 4560). The Public Utilities Board recommends approval (5-0).

E. Consider adoption of an ordinance awarding a contract under the General Service Administration (GSA) Federal Supply Service program for the purchase of personal protection equipment for the City of Denton Police Department as awarded by the General Service Administration (Contract GS-07F-5508R); providing for the expenditure of funds therefor; and providing an effective date (File 4561-Personal Protection Equipment for Police Department awarded to Tactical Gear Now, Inc. in the amount of $153,334.95).

F. Consider adoption of an ordinance authorizing the City Manager to approve a second amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15, 2009 between the City of Denton, Texas and Sykes-Vaughan Investments LLC which includes among other provisions the right to sell aviation fuel to the public for a five-percent fuel flowage fee and provide commercial hangar and tie-down service at the Denton Municipal Airport; and providing an effective date.  The Airport Advisory Board recommends approval (6-0).

G. Consider adoption of an ordinance to authorize the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC at the Denton Municipal Airport for lease of aircraft ramp space; and providing an effective date.  The Airport Advisory Board recommends approval (7-0).

4. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 5 of the Denton Development Code modifying the height requirement in the General Regulations of the Industrial Center General (IC-G) zoning classification and use designation and adding to the limitations contained in Subchapter 5; providing a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date (DCA10-0005).  The Planning and Zoning Commission recommends approval (6-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending certain sections within Subchapters 3, 16, 22, and 23 of the Denton Development Code, relating to gas well drilling and production, definitions, and procedures, as previously amended by Ordinance No. 2010-181; and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and effective date.  (DCA10-0006).  The Planning and Zoning Commission recommends approval (5-0).

C. Hold a public hearing and consider approval of a resolution accepting the recommendations, implementation strategies and methodologies proposed in the Downtown Implementation Plan for the Downtown area, generally located south of Parkway and Withers Streets, north of Sycamore Street, east of Carroll Boulevard, and west of Frame and Exposition Streets; and providing an effective date. (SI10-0001).  The Planning and Zoning Commission recommends approval (6-0) with conditions.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 21, 2010, City Council public meeting agenda to adopt a 2010 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 7 and September 14, 2010 and calling a budget public hearing on the Fiscal Year 2010-11 Annual Program of Services of the City of Denton to be held on September 7, 2010; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City’s Internet website; requiring the posting of the notice on the City’s public access channel; and providing an effective date.  (Required only if tax rate is proposed to exceed the effective tax rate.)

B. Consider adoption of an ordinance terminating an Economic Development Program under Chapter 380 of the Local government Code for making grants of Public money to promote economic development and to stimulate business activity in the city of Denton; terminating an Economic Development Program Grant Agreement with SFT Industrial, Ltd. Regarding the development of approximately 94 acres of land generally located on the west side of I-35W approximately Ā¾ mile south of Airport Road within the O.S. Brewster Survey, Abstract No. 56 and the Thomas Daugherty Survey, Abstract No. 357 in the City of Denton, Denton County Texas; authorizing the expenditure of funds therefor; and providing an effective date.  The Economic Development Partnership Board recommends approval (6-0).

C. Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Grand Mesa, LLC, regarding the renovation of a 152,000 square foot building and 36.026 acres of land generally located on the west side of I-35W in the Granite Point Business Park in Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date.  The Economic Development Partnership Board recommends approval (6-0).

D. Consider appointments to the following boards and commissions:

1. Human Services Advisory Committee

2. Library Board

3. Zoning Board of Adjustment

4. Texas Municipal Power Agency Board

E. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

A. Jennifer Lane regarding a bad experience with the justice system.

B. Josh Butler regarding Denton Public Access Television.

C. Dale Branum regarding Denton Public Access Television.

D. Theresa Westbrook regarding Denton Public Access Television.

E. Donna F. Woodfork regarding Denton Public Access Television.

F. John Paul Eddy regarding Denton Public Access Television.

F. 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.

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

H. 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.