AGENDA
CITY OF DENTON CITY COUNCIL
February 7, 2012

After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, February 7, 2012 at 03:00 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:

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 February 7, 2012.

2.	Requests for clarification of agenda items listed on the agenda for February 7, 2012.

3.	Receive a report, hold a discussion and give staff direction regarding an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance and Fire Protection Services.

4.	Receive an update, hold a discussion, and give staff direction concerning the final draft of the Phase II Sustainability Plan.

5.	Receive a report, hold a discussion and give staff direction on the proposed revisions to Denton’s Water Conservation and Drought Contingency Plan.

6.	Receive a report, hold a discussion, and give staff direction regarding a resolution created by the City of Denton Historic Landmark Commission.

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. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1. Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters related to the Request for Proposals No. 4859 issued by the City soliciting proposals for a solar-generated energy facility or facilities for the City of Denton, Texas; discuss, deliberate and provide staff with direction regarding such matters. Consultation with the City’s attorneys regarding legal advice regarding such matters. 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. Receive a report from Denton Municipal Electric ("DME") staff regarding a public power competitive and financial matter concerning the planning, construction, re-conductoring, and financial recourse available to DME regarding the TMPA 138 kV transmission line extending from Denton West to Teasley Substation, and from Denton West to Denton North Substation; receive a consultation from the City’s attorneys regarding legal issues involved respecting these matters, where a public discussion would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Professional Conduct of the State Bar of Texas. Discuss, deliberate, and provide Staff with direction regarding same.

B. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086.

1. Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency ("TMPA") on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City’s interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters.

C. Consultation with Attorneys - Under Texas Government Code, Section 552.071; Deliberations regarding Real Property - Under Texas Government Code, Section 552.072.

1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would 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, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation.

2. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the value of a 2,174 square foot tract of land, more or less, located in Lot A, Block 1 of R.N.W. Addition, an addition to the City of Denton, Texas, recorded in Cabinet H, Page 338, Plat Records, Denton County, Texas (the "Property"). Consultation with the City’s attorneys regarding legal issues associated with the value of the Property and the pending litigation matter styled "The State of Texas v. City of Denton, a Municipal Corporation", condemnation proceeding filed in the Probate Court of Denton County, Texas, Cause No. PR-2011-00827, where a public discussion of these legal matters would 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, or would jeopardize the City’s legal position in the referenced pending litigation. (Williamson)

3. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of four separate tracts of land, located in the Gideon Walker Survey, Abstract Number 1330, Denton, County, Texas, and located generally north of Treatment Plant Road along the east side of the Mayhill Road right of way. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above, where a public discussion of these legal matters would 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, or would jeopardize the City’s legal position in any potential litigation. (England)

D. Consultation with Attorneys - Under Texas Government Code, Section 552.071.

1. Consult with the City’s attorneys and provide them with direction concerning Texas Food Establishment Rules §229.170 involving Temporary Food establishments and the requirement of ceilings and outer openings of food preparation areas where a public discussion of these legal matters would 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, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation.

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, moratorium on drilling and production, and statutory preemption of municipal regulatory authority.

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

1. Denton Family Unity Week

2. National Apartment Careers Month

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 - I). 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 - I 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 ordering an election to be held in the city of Denton, Texas, on May 12, 2012, and if a runoff election is required, on June 23, 2012, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; prescribing the form of the ballot; providing for notice; providing for publication of notice of this election; providing a severability clause; providing an open meetings clause; and providing for an effective date.

B. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services; and declaring an effective date.

C. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date.

D. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute contracts through the Buy Board Cooperative Purchasing Network, Houston Galveston Area Council of Governments (H-GAC) and Texas Association of School Boards (TASB) for the acquisition of eleven vehicles, ten trucks, and two pieces of equipment for the City of Denton Utility Departments; and providing an effective date (File 4891-Purchase of Vehicles and Equipment for City of Denton Utility Departments awarded to numerous vendors for a total award of $2,582,948.96). The Public Utilities Board recommends approval (5-0).

E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of Residential Refuse and Recycling Carts for the City of Denton Solid Waste Division; and providing an effective date (File 4845-Purchase of Refuse and Recycling Carts awarded to Rehrig Pacific Company in the amount of $791,322.72). The Public Utilities Board recommends approval (7-0).

F. Consider adoption of an ordinance authorizing the City Manager to execute a three year Professional Services Agreement (PSA) with Coleman and Associates Land Surveying for Ground Surveying Services for the City of Denton Landfill, and providing for an effective date (File 4858-Ground Surveying Services for City of Denton Landfill awarded to Coleman and Associates Land Surveying in an amount not to exceed $350,000). The Public Utilities Board recommends approval (6-1).

G. Consider adoption of an ordinance accepting bids and awarding a public works contract for the construction of Pedestrian Trails and Sidewalk Improvements at the City of Denton Quakertown Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4885-awarded to JDC Construction Company in the amount of $145,776).

H. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Virtual Desktop Infrastructure expansion for the City of Denton Technology Services Division; providing for the expenditure of funds therefor; and providing an effective date (RFP 4819-Contract for Virtual Desktop Infrastructure Expansion awarded to INX, LLC. in the amount of $786,271.61, inclusive of interest charges over the three year lease period).

I. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (File 4492-Interlocal Agreement for Gasoline and Diesel Fuel with Tarrant County, contract awarded to Douglass Distributing Company, in the annual estimated amount of $5,300,000).

4.	ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider nominations/appointments to the City’s boards and commissions:

1. Denton County Housing Finance Corporation

B. Consider adoption of an ordinance declaring a 120-day moratorium on the acceptance or processing of certain applications for permits to authorize oil and gas exploration and production activities and other mineral exploration and production activities (collectively, "mineral activities") within the corporate limits of the City of Denton, Texas; directing the City staff to complete a comprehensive review of the City’s ordinance governing the mineral activities and procedures related thereto and to propose revisions thereto; providing for a method of repeal of this moratorium; providing a procedure for a variance from this moratorium; providing a cumulative clause; providing a severability clause; and providing an effective date.

C. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for tree trimming services for Denton Municipal Electric (DME); providing for the expenditure of funds therefor; and providing an effective date (RFP 4825-Electric Utility Line Tree Trimming Services awarded to ABC Professional Tree, Inc. in an amount not to exceed $2,000,000). The Public Utilities Board recommends approval (5-0).

5.	CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Bob Clifton regarding Senate Bill 1230 - 82nd Legislature Regular Session.

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 ___________________, 2012 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.