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| 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 June 7, 2011. |
| 3. | Receive a report and hold a discussion concerning the status of the Denton County Transportation Authority’s A-train project and the proposed ribbon cutting events for the A-train stations and Downtown Denton Transit Center. |
| 4. | Receive a report, hold a discussion and give staff direction on the FY 2011-12 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. |
| 1. | Closed Meeting: |
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.
A. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.
1. Receive a presentation, a status report thereon, and discuss, deliberate, consider and take action regarding public power competitive and financial issues and matters regarding the following:
a. the recent TMPA implementation of scrubber operations, and
b. the February 2, 2011 electrical power outage and the TMPA staff response thereto, and
c. the Texas Municipal Power Association (TMPA) financial forecast and the impact thereof on Denton Municipal Electric reserve funds, and
d. the effect of increasing transportation costs of Wyoming coal on TMPA fuel costs and alternatives.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with, and provide direction to, City’s attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, including legal issues and strategies associated with the imposition, calculation and assessment of various local permitting and inspection fees as they relate to gas well drilling and production in the Denton city limits and extraterritorial jurisdiction.
C. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition or the condemnation of a fee simple tract, a temporary construction easement tract, and a public utility easement tract for the Mayhill Road Widening and Improvements project, affecting real property tract in the M. Forrest Survey, Abstract No. 417, in the City and County of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation.
D. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with City’s attorneys regarding status of litigation styled Sutton, et al. v. Walters, Cause No. 2011-60760-393, currently pending in the 393rd District Court of Denton County, Texas.
| 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. | OATH OF OFFICE |
A. Oath of Office - District 3
| 3. | PROCLAMATIONS/PRESENTATIONS |
A. Proclamations/Awards
1. Presentation of the "Patriotic Employer" award to Lisa Manning by Leon Tribble representing the Employer Support of the Guard and Reserve.
| 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 - 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 of the City of Denton, Texas approving a Settlement Agreement between the Alliance of Oncor Cities ("AOC") and Oncor Electric Delivery Company LLC ("Oncor" or "Company") regarding the company’s statement of intent to change electric rates in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement agreement and finding the rates to be set by the attached tariffs to be just and reasonable; finding the city’s rate case expenses reasonable; directing Oncor to reimburse the City its reasonable rate case expenses; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meeting Act; repealing any prior ordinances inconsistent with this ordinance and requiring delivery of this ordinance to the company and legal counsel and providing an effective date.
B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2012 Budget of the Denton Central Appraisal District, and providing an effective date.
C. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during Kodifest 2011, a fundraiser held at the North Texas State Fairground on Saturday, June 18, 2011. The concerts will begin at 2:00 p.m. and conclude at 11:00 p.m. This request is for an exception to the sound ordinance for amplified sound past 10:00 p.m. Staff recommends approving the noise exception request.
D. Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration. The event will be located in the Fred Moore Park on Friday, June 17, 2011, from 5:00 p.m. to 11:00 p.m., and on Saturday, June 18, 2011, from 10:00 a.m. to midnight. This request is for an exception to the hours of operation and for an increase in sound decibels from 70 to 75 decibels for the amplified sound. Staff recommends approving the requests.
E. Consider adoption of an ordinance on second reading to voluntarily annex approximately 1.148 acres of land located within the city’s Extraterritorial Jurisdiction (ETJ) in accordance with Chapter 43 of the Texas Local Government Code. The site is located on the west side of Country Club Road; just north of the Education Center at Denton; between Ryan Road to the north and Brush Creek Road to the south. The Planning and Zoning Commission recommends approval (5-0). (A11-0001, Burch Property Annexation)
F. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2011 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended; and providing for an effective date.
G. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the National Intergovernmental Purchasing Alliance Company (National IPA) under Section 271.102 of the Local Government Code, to authorize participation in various National IPA contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4730-Interlocal Agreement with the National Intergovernmental Purchasing Alliance Company).
H. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston Galveston Area Council of Governments and Buy Board Cooperative Purchasing Network for the acquisition of five vehicles and/or equipment items for various City of Denton Departments by way of Interlocal Agreements with the City of Denton; and providing an effective date (File 4725-Purchase of Vehicles and Equipment for City of Denton awarded to multiple vendors in the amount of $272,019). The Public Utilities Board recommends approval (5-0).
I. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a First Amendment to a Professional Services Agreement for Audit Services with Weaver and Tidwell, LLP; authorizing the expenditure of funds therefor; and providing an effective date.
J. Consider adoption of an ordinance authorizing the City Manager to approve a Third Amendment to an Airport Lease dated September 15, 1987 as amended by Ordinance 2010-297 dated September 7, 2010 and by Ordinance 2011-035 dated March 1, 2011 between the City of Denton, Texas and First Financial Resources, Inc. at the Denton Municipal Airport; and providing an effective date. The City Council Airport Committee recommends approval (3-0).
K. Consider adoption of an ordinance of the City of Denton, Texas, providing for (I) a change in the name of Wye Street to "Robertson Street", from the intersection of Wye Street and Robertson Street to the intersection of Wye Street and Mill Street; and (II) providing for a change in the name of Robertson Street to "Jackson Street", from the intersection of Robertson Street and Jackson Street to the intersection of Robertson Street and Morse Street, all as more specifically provided in Exhibit "A", attached thereto; providing for severability and an effective date.
L. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a First Amendment to Right of Entry and Possession ("Amendment"), by and between the City of Denton, Texas and the Denton County Transportation Authority ("DCTA"), amending that certain Right of Entry and Possession (the "Original Right of Entry"), by and between the City of Denton and DCTA, dated May 3, 2011, said Amendment providing the right to DCTA to allow retail sales at the Downtown Denton Transit Center ("DDTC"), the DDTC located in the Hiram Sisco Survey, Abstract Number 1184; and providing an effective date.
M. Consider approval of the minutes of: April 12, 2011 April 19, 2011 May 3, 2011 May 10, 2011
N. Consider adoption of an ordinance of the City of Denton, Texas setting Planning and Development Fees relating to Gas Well Drilling and Production in the City of Denton and its Extraterritorial Jurisdiction; repealing Section 2 of Ordinance 2010-183; and providing for an effective date.
O. Consider approval of a resolution by the City of Denton requesting the Texas Commission on Environmental Quality to consider implementing control measures for emissions of volatile organic compounds ("VOCs") from development of the Barnett Shale resources as a part of the rate of further progress goals for the 2012 State Implementation Plan for ozone.
P. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas or his designee, to execute for and on behalf of the City a pipeline crossing agreement, by and between the City of Denton, Texas, and the Union Pacific Railroad Company, relating to the construction, maintenance and operation of a sanitary sewer pipeline within the railroad right-of-way, located immediately north of said railroad right-of-way’s intersection with McKinney Street at Mile Post: 718.95, Choctaw Subdivision within the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185, City and County of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date.
Q. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a Member and a First Alternate to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date.
R. Consider a request for an exception to the Noise Ordinance for the purpose of performing live jazz music at the Sweet Y Café, located at 511 Robertson Street, on Friday and Saturday, June 17 and 18, 2011, beginning at 7:30 p.m. and concluding at 11:30 p.m. This request is for an extension of hours from 10:00 p.m. to 11:30 p.m. for amplified sound. The amplified sound will remain at the allowable 65 decibels. Staff recommends approval of the request for extending the hours of operation for amplified sound to 11:30 p.m.
| 5. | 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.
| ______________________________ CITY SECRETARY |