AGENDA
CITY OF DENTON CITY COUNCIL
November 15, 2011


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 15, 2011 at 03:30 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 15, 2011.

3. Receive a report, hold a discussion, and give staff direction regarding a proposed ordinance requiring the use of reflectors on bicycles operated on roadways and paths set aside for the exclusive operation of bicycles in the city.

4. Receive a report, hold a discussion and give staff direction regarding the Phase II amendments of the City’s Gas Well Ordinance; and receive a report on activities germane to the City’s Gas Well Inspections.

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; Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072.

1. Receive a briefing from staff, discuss and deliberate regarding public power competitive and financial matters regarding the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project in the City of Denton, Texas; consult with the City’s attorneys regarding legal issues involved in the said Project, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas; and discuss, deliberate and receive information from Staff and provide Staff with direction regarding the acquisition or condemnation of tracts involved in the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project.

B. Consultation with Attorneys - Under Texas Government Code, Sec. 551.071.

1. Receive a briefing and a presentation from the City’s attorneys and staff regarding a spill incident at the Lake Ray Roberts Water Treatment Plant facility, along with possible regulatory consequences; and discuss, deliberate and provide the City’s attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City’s Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

2. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance 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.

3. Consult with and provide direction to the City’s attorneys associated with proposed enforcement related to sanitary sewer overflows and where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas and the City Council of the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

C. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.

1. 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 granting economic development incentives to Project NEOS, a parts assembly company.  This discussion shall include commercial and financial information the City Council has received from Project NEOS which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives.

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:



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. Gricelda Samano regarding outside food vendors.

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 - L). 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 - L 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 of the City of Denton, Texas to declare the intent to reimburse expenditures from the Technology Services Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $215,000 to allow the Fire Department and Police Department to purchase thirty-eight mobile data computers, and providing an effective date.

D. Consider adoption of an ordinance awarding a contract for the purchase of eighteen Mobile Data Computers (MDCs) for the City of Denton Fire Department and twenty Mobile Data Computers for the City of Denton Police Department as awarded by the State of Texas Department of Information Resources (DIR) through the Go Direct Program, Contract Number DIR-SDD-1365; providing for the expenditure of funds therefor; and providing an effective date (File 4741-Purchase of Thirty-Eight Toughbook Mobile Data Computers awarded to John Wright Associates, Inc. in the amount of $211,112.70).

E. Consider adoption of an ordinance accepting sealed proposals and awarding an "Agreement for Collection Services [Part D: Municipal Court Fines]" by and between the City of Denton, Texas and Linebarger, Goggan, Blair, and Sampson, LLP, a corporation; providing for the expenditure of funds therefor and providing an effective date (RFP 4633-Agreement for Collection Services awarded to Linebarger, Goggan, Blair, and Sampson, LLP a corporation in an amount which is contingent upon its monetary recoveries from persons, in accordance with the percentages expressed in its price proposal which is on file with the City of Denton Purchasing Department).  The Audit/Finance Committee recommends approval (3-0).

F. Consider adoption of an ordinance accepting sealed proposals and awarding an "Agreement for Collection Services [Parts A-C: Utility, EMS, Code Enforcement, Returned and Miscellaneous Items]" by and between the City of Denton, Texas and Credit Systems International, Inc., a corporation; providing for the expenditure of funds therefor and providing an effective date (RFP 4633-Agreement for Collection Services awarded to Credit Systems International. Inc., a corporation in an amount which is contingent upon its monetary recoveries from persons, in accordance with the percentages expressed in its price proposal which is on file with the City of Denton Purchasing Department).  The Audit/Finance Committee recommends approval (3-0).

G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a contract with MarketSphere Consulting, LLC to perform a JD Edwards (JDE) Software Application Upgrade from Version 8.11 to 9.X; providing for the expenditure of funds therefor; and providing an effective date (RFP 4762-JD Edwards 9.X Upgrade Services for the City of Denton awarded to MarketSphere Consulting, LLC in the amount of $295,500.00).  The Audit/Finance Committee recommends approval (3-0).

H. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) between the City of Denton and Denton County, Texas, in the amount of $100,000.00; $50,000 being payable by Denton County, Texas and up to $50,000 being payable by the City of Denton, related to the engineering and construction of certain bicycle roadway accommodations within the street or roadways within the municipal limits of the City and Denton County Commissioner Precinct No. 1, authorizing the Mayor to execute said agreement on behalf of the City of Denton; authorizing the expenditure of funds; and declaring an effective date.

I. Consider adoption of an ordinance approving an Interlocal Cooperation Agreement (ICA) between the City of Denton and Denton County, Texas, in the amount of $100,000.00; $50,000 being payable by Denton County, Texas and up to $50,000 being payable by the City of Denton, related to the engineering and construction of certain bicycle roadway accommodations within the street or roadways within the municipal limits of the City and Denton County Commissioner Precinct No. 4, authorizing the Mayor to execute said agreement on behalf of the City of Denton; authorizing the expenditure of funds; and declaring an effective date.

J. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 18 of the Code of Ordinances by modifying the speed zone on Loop 288 in Section 18-73; altering the prima facie speed limits established for vehicles under the provision of Transportation Code, Section 545.356, providing a penalty not to exceed $200.00 unless the violation occurs in a work zone and then the penalty shall not exceed $400.00; providing a severability clause; providing a repealing clause; providing for publication; and declaring an effective date.

K. Consider adoption of an ordinance authorizing the first amendment of an agreement between the City of Denton, Texas and Protect Environmental Services, Inc. and the expenditure of funds pursuant to Section 252.022(A)(1) and (2) of the Texas Local Government Code in the interest of preservation of property and health and safety, which purchases are exempt from the requirements of competitive bidding, and providing an effective date.  The Public Utilities Board will consider this item on November 14, 2011.

L. Consider approval of the minutes of: October 3, 2011 October 4, 2011 October 11, 2011 October 17, 2011 October 18, 2011

5. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 4 of the Denton Development Code by adding Section 35.4.4.3 entitled "Governmental Entity Development Review Process," providing a severability clause; and declaring an effective date. (DCA10-0011) The Planning and Zoning Commission recommends approval (5-0).

B. Hold a second public hearing and consider recommendations regarding the preferred alignment of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project; and consider a resolution of the City Council of the City of Denton, Texas regarding establishment of the route of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project; and providing an effective date.

6. 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.



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 ___________________, 2011 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.