AGENDA
CITY OF DENTON CITY COUNCIL
September 10, 2013


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, September 10, 2013 at 02:00 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:

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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 September 10, 2013.

3. Receive a report, hold a discussion, and give staff direction regarding the Hickory Grand Street project.

4. Receive a report, hold a discussion, and give staff direction regarding road impact fees.

5. Receive a report, hold a discussion, and give staff direction regarding LEED (Leadership in Energy and Environmental Design) certification for the design and construction of Fire Station 2.

6. Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.



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. Blood Cancer Awareness Month

2. Mean Green Pride Fridays

3. Government Finance Officers Association Distinguished Budget Award

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Receive an update from Amber Briggle regarding fundraising efforts for a Denton Splash Park.

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 - M). 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 - M 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, amending the Fiscal Year 2012-13 Budget and Annual Program of Services for the City of Denton to allow for an adjustment to the Animal Control Donation Fund of Two Hundred Twenty Thousand Dollars ($220,000) from the original budget amount of Thirty Thousand Dollars ($30,000) to Two Hundred and Fifty Thousand Dollars ($250,000) to provide additional expenditure authority related to veterinary contract costs; declaring a municipal purpose; providing a severability clause; providing an open meetings clause, and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending the City’s Fund Balance Policy; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending the Street Improvement Fund; defining and committing certain fees and other revenues of the City to the Street Improvement Fund; providing a severability clause; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

D. Consider approval of a resolution adopting a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date.

E. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of HON Brand Office Furniture for various City of Denton departments as awarded by the State of Texas Contract TXMAS-6-7-1111060; providing for the expenditure of funds therefor; and providing an effective date (File 5268-HON Furniture for various City Departments awarded to Multiple Approved Vendors as listed on Contract TXMAS-6-7-1111060 in the three (3) year not-to-exceed amount of $500,000).

F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to Electric Transmission Texas; and providing an effective date (File 5083-Electrical Energy Transmission Fees for Fiscal Year 2012-2013 to Electric Transmission of Texas in the additional amount of $56,911.72 for a total award amount of $407,090.64).  The Public Utilities Board recommends approval (6-0).

G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to Lone Star Transmission; and providing an effective date (File 5260-Electrical Energy Transmission Fees for Fiscal Year 2012-2013 to Lone Star Transmission in the additional amount of $16,514.92 for a total award amount of $175,120.35).  The Public Utilities Board recommends approval (6-0).

H. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music for the 2nd Annual Mexican Independence Day Fair at the corner of McKinney Street and Railroad Avenue in the vicinity of La Estrella Mini Market on Saturday, September 14, 2013, beginning at 4 p.m. and concluding at midnight.  This request is for an extension of hours from 10 p.m. to midnight.  The music will remain at the allowable 70 decibels.  Staff recommends the exception be granted until midnight.

I. Consider adoption of an ordinance approving a city sponsorship in an amount not to exceed $16,000 of in-kind services for the 15th Annual Blues Festival to be held in Quakertown Park on September 21-22, 2013; and providing an effective date.

J. Consider a request for an exception to the Noise Ordinance for the purpose of having music played during an engagement party at a residential home located at 1109 Indian Ridge Drive on Saturday, September 14, 2013, from 7 p.m. to 11:30 p.m.  This request is for an extension in hours for sound from 10 p.m. to 11:30 p.m.  The music will remain at the allowable 65 decibels.  Staff recommends approving request.

K. Consider approval of the minutes of: August 1, 2013 August 5, 2013 August 6, 2013

L. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to submit an application and all other necessary documents to obtain a grant under the Texas Department of Housing and Community Affairs, Amy Young Barrier Removal Program and take all other actions necessary to implement the program; and providing for an effective date.

M. Consider adoption of an ordinance awarding a contract for the capital lease purchase of desktop Personal Computers (PCs), notebook PCs, peripherals, and services as awarded by the State of Texas Department of Information Resources (DIR) Contract Number DIR-SDD-1951; providing for the expenditure of funds therefor and providing an effective date. (File 5337 awarded to Dell Financial Services LP for a total lease amount of $1,343,277.36 and additional products in the amount of $423,900 for a not-to-exceed amount of $1,767,177.36).

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider nominations/appointments to the City’s Boards & Commissions.

1. Airport Advisory Board

2. Community Development Advisory Committee

3. Historic Landmark Commission

4. Human Services Advisory Committee

5. Public Art Committee

6. Traffic Safety Commission

7. Zoning Board of Adjustment

6. PUBLIC HEARINGS

A. Hold a second public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or the effective rate.

7. CITIZEN REPORTS

8. 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.

6. Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14 City Manager’s 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. 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. Consultation with Attorney - Under Texas Government Code Section 551.071.

1. Consult with City’s attorneys regarding status and options for resolution and disposition of litigation styled Jones v. City of Denton, Cause No. 2011-50255-367, currently pending in the 367th District Court, Denton County, Texas.

B. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.

1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.

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.

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

1. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with:

(1) the Gas Well Ordinance regulation of gas well drilling and production within the City Limits and extraterritorial jurisdiction;

(2) the setting of gas well inspection fees, road damage remediation fees, and bond and insurance requirements;

(3) the implementation of a freshwater well sampling program and an air quality monitoring program in connection with the Gas Well Ordinance and Fee Ordinance; and

(4) the enforcement, including remedies available to the City, of violations of the Gas Well Ordinance and Fee Ordinance;

E. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.

1. Review and discuss the duties and goals for the City Manager, City Attorney, and Municipal Judge.

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:



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 ___________________, 2013 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.