AGENDA
CITY OF DENTON CITY COUNCIL
February 16, 2010


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 16, 2010 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:

1. Requests for clarification of agenda items listed on the agenda for February 16, 2010.

2. Receive a report, hold a discussion, and give staff direction regarding the FY 2008-09 Comprehensive Annual Financial Report and annual audit.

3. Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2010-11 Budget and Five Year Financial Forecast.

4. Receive a report, hold a discussion, and give staff direction regarding a proposed amendment to the Denton Development Code, Section 35.14.3(B), regarding parking in the Central Business District.

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 consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087, and Deliberations regarding real property - Under Texas Government Code Section 551.072.

1. Receive a report and hold a discussion regarding legal issues on matters regarding the leasing of land, financing and contractual matters of a city facility on University of North Texas property located at I-35 and North Texas Blvd.  The discussion shall include financial information the City Council will review, including the offer of financial or other incentives.  This discussion is held 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.

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

1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART or DCTA, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DART or DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described where a 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.

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

1. Consider and discuss status of a claim against the City of Denton by Dustin Epting.

2. Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to the award of competitive sealed bids for goods and services pursuant to Chapter 252 of the Texas Local Government Code 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.

3. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled The City of Denton, Texas v. The University of North Texas, Cause No. 2008-20043-158, now pending before the 158th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the attorneys with direction.  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.

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

1. Receive a briefing, discuss and deliberate regarding the status of the activities required to close the pending Texas Municipal Power Agency ("TMPA") litigation entitled Ex Parte Texas Municipal Power Agency I, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; Ex Parte Texas Municipal Power Agency II, Cause No. D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, pending in the 506th Judicial District Court in and for Grimes County, Texas; as well as the steps necessary to proceed to an order dismissing each of the said TMPA cases and the Public Utilities Commission of Texas proceedings as to all parties; discuss and deliberate several public power issues involved with the above-referenced TMPA litigation. Receive a briefing and status report from the City’s attorneys regarding said pending TMPA litigation.¬† Provide the City’s attorneys with direction.¬† 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.

2. Receive a presentation from DME staff, discuss, deliberate and consider possible changes to the ECA Rate Rider to the electric rate ordinance, which issues are public power utilities competitive and financial matters.  Receive legal advice from the City’s attorneys regarding possible changes to the ECA Rate Rider. Provide the City’s attorneys with direction.  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.



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. IHOP-Shriners Hospital proclamation

2. Severe Weather Awareness Week in Denton

3. Resolution of Appreciation for Jim Witt

3. 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 - O). 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 - O 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 amending Section 22-38 of Chapter 22 Parks and Recreation of the Code of Ordinances of the City of Denton, Texas, relating to facility and program fees by adopting a schedule of fees; repealing all fees in conflict with such schedule, repealing Ordinance No. 2009-224 and all ordinances in conflict with the new schedule of fees; and providing an effective date.  The Parks, Recreation and Beautification Board recommend approval (4-0).

B. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $508,185 to allow for the purchase of a Fixed Asset module in the JD Edwards Financial System and a Municipal Court Software System; and providing an effective date.

C. Consider adoption of an ordinance to the City of Denton, Texas authorizing the City Manager to execute a professional services agreement between the City of Denton and MarketSphere Consulting, LLC for implementation of a JD Edwards Fixed Asset and Job Cost Functionality software module in the JD Edwards financial system; authorizing the expenditure of funds; and providing an effective date (RFSP 4442-JD Edwards Fixed Asset Implementation and Increased Job Cost Functionality awarded to MarketSphere Consulting, LLC in an amount not to exceed $252,340).

D. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Carrollton under Section 271.102 of the Local Government Code, for the purchase of Incode Software for the City of Denton Municipal Court; providing for the expenditure of funds therefor; and providing an effective date (File 4465-Interlocal Agreement for Incode Software for Municipal Court with the City of Carrollton, contract awarded to Tyler Technologies, Inc. in the amount of $258,185).

E. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a covered parking structure for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4430-awarded to the lowest responsible bidder meeting specification, Links Construction, LLC, in the amount of $331,700).  The Public Utilities Board recommends approval (5-0).

F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a 42-inch water transmission main from Scripture Street north along Bonnie Brae to West Windsor Drive and over to Loop 288; providing for the expenditure of funds therefore; and providing an effective date (Bid 4466-awarded to the lowest responsible bidder meeting specification, SJ Louis Construction of Texas, LTD in the amount of $4,670,710).  The Public Utilities Board recommends approval (7-0).

G. 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 term of office for the Municipal Judge in accordance with applicable state statutes; providing for renewal and extension of term absent specific action by Council; authorizing the Mayor to execute an employment agreement for term of office; ratifying terms of the employment agreement; and declaring an effective date.

H. Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving a renewal of Beneficial Reuse Water Contract by and between the City of Denton, Texas and the Oakmont Management Corp.; providing for the City Manager’s execution thereof; providing for the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date.  The Public Utilities Board recommends approval (5-0).

I. Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to an Airport Lease dated December 1, 1989 between the City of Denton, Texas and David Smith at the Denton Municipal Airport; and providing an effective date.  The Airport Advisory Board recommends approval (7-0).

J. Consider adoption of an ordinance authorizing the City Manager to approve a First Amendment to an Airport Lease dated December 1, 1989 between the City of Denton, Texas and William Evans at the Denton Municipal Airport; and providing an effective date.  The Airport Advisory Board recommends approval (7-0).

K. Consider adoption of an ordinance authorizing the City Manger to approve a first amendment to an Airport Lease dated December 1, 1989 between the City of Denton, Texas and Tony Montgomery at the Denton Municipal Airport; and providing an effective date.  The Airport Advisory Board recommends approval (7-0).

L. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Estoppel certificate with Justin State Bank as requested by Hangars Plus L.L.C./Tony Montgomery to accommodate a mortgage loan secured with the hangar constructed at 4800 Lockheed Lane; and providing an effective date. The Airport Advisory Board recommends approval (7-0).

M. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Denton Community Theatre, Inc. from the Downtown Incentive Grant Program not to exceed $8,000; and providing for an effective date.  The Economic Development Partnership Board recommends approval (6-0).

N. Consider adoption of an ordinance of the City of Denton, Texas amending the Denton Municipal Electric Rate Ordinance contained in Ordinance No. 2009-218, solely as to Rate Rider ECA (Energy Cost Adjustment); providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

O. Consider approval of the minutes: January 19, 2010 February 1, 2010 February 2, 2010

4. PUBLIC HEARINGS

A. Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date.

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12, (NRMU-12) zoning district classification and use designation, and repealing Ordinance No. 87-113 allowing Specific Use Permit S-193 for a Girl Scout Council office/headquarters and activity/training center and Ordinance No. 87-154, an amendment of Ordinance 87-113; for approximately 5.2 acres of land located at 4000 W. University Drive, legally described as Ranch Estates, Block E (SW corner), in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000 for violations thereof; providing a severability clause and an effective date. (Z09-0011)  The Planning and Zoning Commission recommends denial of this request (6-1).  A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.

C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district; on approximately 15.3 acres of land located west of Stuart Road and approximately 600 feet northwest of the intersection of Windsor Street and Stuart Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z08-0016).  The Planning and Zoning Commission recommends approval of the request (4-2).  A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an Agreement Regarding Exercise of Option to Repurchase Rail Corridor, as appropriate, by and between the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas.

B. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $65,000,000 in principal amount of "City of Denton Combination Tax and Revenue Refunding Bonds, Series 2010"; establishing parameters for the redemption of certain outstanding obligations of the City; authorizing the issuance of the bonds; levying an annual ad valorem tax and providing for the security for and payment of said bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject.

C. Consider appointments to the following Boards and Commissions:

1. Construction Advisory & Appeals Board

2. Human Services Advisory Committee

D. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Frenchy Rheault regarding GDAC membership month.

b. Bob Clifton regarding Fry Street.

c. Katie Humphries regarding library funding.

d. Willie Hudspeth regarding concerns of Southeast Denton.

e. Hagar Hudspeth regarding concerns of Southeast Denton.

f. Jordan Hudspeth regarding concerns of Southeast Denton.

g. Robert Donnelly regarding drainage.

E. 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.

F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

G. 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 ___________________, 2010 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.