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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 February 21, 2012. |
4. | Receive a report, hold a discussion and give staff direction regarding City Council appointments to a Citizen Advisory Committee for the proposed 2012 Bond Election. |
5. | Receive a report, hold a discussion, and give staff direction regarding proposed Naming Policy Guidelines for City Buildings, Facilities, and Land. |
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: |
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. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1) Consultation, discussion, deliberation, and receipt of information from the City’s attorneys regarding potential litigation with Atmos Energy Corporation relating to disputes concerning rate increase issues, where public discussion of these legal matters 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; Consultation with Attorneys - Under Texas Government Code Section 551.071.
1) Receive a briefing regarding certain competitive public power and financial matters regarding Texas Municipal Power Agency ("TMPA") operations, transmission issues, issues regarding the payment of TMPA indebtedness, and other related issues concerning the City’s interest in, and its business relationship with TMPA; 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 Public Utilities Board under the Texas Rules of Professional Conduct of the State Bar of Texas. Discuss, deliberate, and provide staff with direction regarding same.
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 Mayday Holdings LLC, an aircraft parts manufacturing company. This discussion shall include commercial and financial information the City Council has received from Mayday Holdings LLC 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.
D. 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 Attorneys - Under Texas Government Code Section 551.071.
1) Receive a presentation from staff, discuss, deliberate and provide staff with direction regarding the establishment of a Combined Heat and Power - Economic Development District (CHP-EDD) in the airport industrial area of Denton, Texas, including the designation, boundaries, and limitations upon activities regarding said proposed District, in the interest of providing electric power; receive a presentation from staff, discuss, deliberate and provide staff with direction regarding the acquisition of property and easements, and the value thereof, related to the CHP-EDD; consult with and provide direction to the City’s attorneys regarding legal matters related to the CHP-EDD 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 Rules of Professional Conduct of the State Bar of 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. | PROCLAMATIONS/PRESENTATIONS |
A. Proclamations/Awards
1) Severe Weather Awareness Week
3. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Michelle French regarding the property tax collection process.
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 - T). 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 - T 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, appointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing a term of office for the presiding Municipal Judge in accordance with applicable state statutes; providing for renewal and extension of terms absent specific action by Council; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date.
B. Consider approval of a resolution allowing Tejas Storytelling Association to be the sole participant allowed to distribute/not sell alcoholic beverages at the Texas Storytelling Festival on March 10, 2012, 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 (4-0). Staff recommends approval of the Texas Storytelling Festival request.
D. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Investment Advisory Services Contract with First Southwest Asset Management, Inc. for an amount not to exceed $52,000; and providing an effective date. The Audit/Finance Committee recommends approval (2-0).
E. Consider adoption of an ordinance approving the City Manager to execute a Bond Counsel Agreement between the City of Denton and McCall, Parkhurst & Horton, LLP; approving the expenditure of funds therefor; and providing for an effective date.
F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a Consulting Services Agreement for Financial Advisory, Arbitrage Rebate and Continuing Disclosure Services between the City of Denton and First Southwest Company and Affiliate First Southwest Asset Management; approving the expenditure of funds therefor; and providing an effective date.
G. Consider adoption of an ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and Johnston Technical Services, Inc. (JTS); providing for the expenditure of funds therefor; and providing an effective date (File 4751-Change Order One to the Design and Installation of Wireless Communication Network for Lake Lewisville Raw Water Pump Station and Lake Lewisville Water Treatment Plant in the amount of $37,427.35 for a total award of $136,179.41). The Public Utilities Board recommends approval (7-0).
H. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with PWR Solutions, Inc. for Engineering and Consulting Services relating to a Comprehensive Short and Long Term Distribution System Analysis for Denton Municipal Electric, and providing for an effective date (File 4912-Distribution System Analysis for Denton Municipal Electric awarded to PWR Solutions, Inc. in the amount of $214,660). The Public Utilities Board recommends approval (7-0).
I. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for a five year contract for software maintenance for the Solid Waste Department’s WeighStation and CompuRoute software program from Paradigm Software, LLC., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3808-Five Year Contract for Maintenance of WeighStation and CompuRoute Software awarded to Paradigm Software, LLC. in a five year amount not to exceed $110,000). The Public Utilities Board recommends approval (5-0).
J. Consider adoption of an ordinance accepting competitive proposals and awarding a four year contract for Pavement Marking Installation for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4788-Four Year Contract for Pavement Marking Installation awarded to BTA Services in the annual estimated amount of $200,000 for a four year estimated expenditure of $800,000).
K. Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4790-Three Year Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder meeting specification in the unit price amounts shown on Exhibit A for an annual estimated expenditure of $125,000 and a three year estimated total of $375,000). The Public Utilities Board recommends approval (7-0).
L. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two LifePak 15 defibrillators from Physio Control, Inc., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4908-Purchase of Two Defibrillators for the City of Denton Fire Department in the amount of $78,180.10).
M. Consider adoption of an ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association for the purchase of certified softball officiating services which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4904-Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $70,000).
N. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to an Airport Improvement Grant to Develop a Wildlife Management Plan for Denton Airport; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. The Airport Advisory Board recommends approval (7-0).
O. Consider approval of a resolution by the City of Denton, Texas suspending the effective date for ninety days in connection with the rate increase filing of Atmos Energy Corporation on or about January 31, 2012; requiring the reimbursement of municipal rate case expenses; authorizing participation in related rate proceedings; authorizing the retention of special counsel; finding that the meeting complies with the open meetings act; making other findings and provisions related to the subject; and declaring an effective date.
P. Consider adoption of an ordinance authorizing 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 JVC Real Estate, L.L.C. for the property located at 4650 and 4736 Lockheed, Denton Municipal Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0).
Q. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton with Legend Natural Gas IV, LP a Fourth Amendment To Surface Use Agreement first executed between the City of Denton, Texas and Enexco, Inc. on January 17, 2002 for the property located at Denton Municipal Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0).
S. Consider approval of the minutes of: December 5, 2011 December 6, 2011 December 12, 2011 December 13, 2011 January 10, 2012
T. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a third amendment to a professional and personal services agreement with KEMA, Inc., a corporation, for further engineering and consulting services respecting regulatory compliance for the Denton Municipal Electric System with the Texas Regional Entity ("TRE") and the North American Electric Reliability Council ("NERC"); authorizing the expenditure of funds therefor in an amount not-to-exceed an additional $23,000; and providing an effective date (File 4412- aggregating not-to-exceed $318,940). The Public Utilities Board recommends approval (7-0).
5. | ITEMS FOR INDIVIDUAL CONSIDERATION |
B. Consider adoption of an ordinance directing the publication of Notice of Intention to issue $38,355,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks, and Sewer System and Electric System projects; and providing for an effective date.
H. Consider nominations to the Denton County Housing Finance Corporation.
I. Consider nominations/appointments to the City’s boards and commissions:
1. Community Development Advisory Committee
2. Health & Building Standards Commission
3. Public Art Committee
6. | PUBLIC HEARINGS |
7. | 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.
8. | CONCLUDING ITEMS |
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. | Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. |
______________________________ CITY SECRETARY |