|Click here for Agenda with Backup Materials|
|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 December 7, 2010.|
|3.||Receive a report, hold a discussion, and give staff direction concerning the implementation of action items recommended by the Downtown Implementation Plan.|
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.
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. Deliberations Regarding Real Property - Under Texas Government Code Section 551.072 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.
1. Receive a report, hold a discussion and give staff direction regarding the value of real property located on the Denton Municipal Airport, specifically the area northeast of the Airport Terminal parking lot and the lease of said property to NE Development and Construction for the construction and operation of a restaurant where deliberation in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with a third person. This discussion shall include commercial or financial information the City Council has received from company 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.
B. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Discuss legal strategies and alternatives regarding potential litigation or settlement, concerning the decision of the third party hearing examiner in an employee disciplinary matter under Chapter 143 of the Texas Local Government Code.
|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."
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
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 - N). 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 - N 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 to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund, with Certificates of Obligation with an aggregate maximum principal amount equal to $1,939,550 so that General Fund vehicles and equipment may be purchased, and providing an effective date.
B. Consider approval of the minutes for: November 1, 2010 November 2, 2010 November 9, 2010 November 15, 2010 November 16, 2010
C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute the attached agreement to consolidate the Financial Advisory, Arbitrage Rebate, and Continuing Disclosure services agreements between the City of Denton and First Southwest Company; approving the expenditure of funds therefor; and providing an effective date.
D. Consider adoption of an ordinance of the City of Denton, Texas, extending the term of a right of entry and possession dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, as extended and expanded on September 22, 2009, as extended on November 3, 2009, and as extended on December 11, 2009 (as amended and extended, the "Right of Entry"), in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activities as described in the Right of Entry; and providing an effective date.
E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Tim Love, owner of Love BS #3, a Texas Limited Liability Company, from the Downtown Incentive Reimbursement Grant Program not to exceed $10,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0).
F. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Ten to the contract between the City of Denton and Thaten Construction, Inc.; providing for a refund of the expenditure of funds therefor; and providing an effective date (Bid 4336-Change Order Number Ten to Fleet Fueling and Truck Wash Facility in the amount of ($105,317) for a total contract award of $2,067,111.50).
G. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Bioxide for the City of Denton Wastewater Department, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4574-to Siemens Water Technologies Corp. in the amount of $2.14/gallon for an annual estimated amount of $60,000). The Public Utilities Board recommends approval (5-0).
H. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) Program for the purchase of six new roof top heating, ventilating, and air conditioning (HVAC) units for City of Denton South Branch Library and one roof top HVAC unit for City of Denton City Hall East as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-10-03FAC070); providing for the expenditure of funds therefor; and providing an effective date (File 4615-Roof Top HVAC Unit Replacement awarded to Brandt Engineering, in the amount of $260,655).
I. Consider adoption of an ordinance authorizing the City Manager to execute a First Amendment to Professional Services Agreement with Freese and Nichols, Inc. to provide a traffic operations study for the Downtown Implementation Plan for the City of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date (First Amendment in the not-to-exceed amount of $90,000; aggregating $114,000).
J. Consider approval of a resolution amending a policy setting guidelines regarding the naming of City buildings, facilities and parks; and declaring an effective date.
K. Consider approval of a resolution naming the City of Denton Animal Care and Adoption Center; and declaring an effective date.
L. Consider adoption of an ordinance approving and authorizing the City Manager of the City Manager of the City of Denton, Texas to execute and deliver a fourth amendment to the Master Lease Agreement, by and between the City of Denton, as Lessor and the Denton County Transportation Authority (DCTA), as the Lessee, amending that certain Master Lease Agreement, dated on or about September 30, 2005, by and between the City of Denton, Texas as Lessor and DCTA, as Lessee, pertaining to certain leased premises located in the G. Walker Survey, Abstract Number 1330, Denton County, Texas; and providing an effective date.
M. Consider an ordinance suspending certain portions of Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas until April 1, 2011 and substituting alternative provisions through March 31, 2011 for the purpose of testing interim rules of procedure herein established; and declaring an effective date.
N. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and S. J. Louis Construction of Texas, LTD; providing for the expenditure of funds therefor; and providing an effective date (Bid 4466-Change Order Number Three to North-South 42-Inch Water Transmission Main in the amount of $90,706.08 for a total contract award of $4,781,946.28).
|5.||ITEMS FOR INDIVIDUAL CONSIDERATION|
A. Consider approval of a resolution of the City of Denton, Texas, adopting the City of Denton’s 2011 State Legislative Program for the 82nd Texas Legislature; and providing an effective date.
A. Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district with a restrictive overlay on approximately 6.836 acres. The property is located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380). (Z10-0007, 1411 E. University Dr.) The Planning and Zoning Commission recommends approval with an overlay district (3-2). DUE TO OPPOSITION OF MORE THAN 20% OF THE OWNERS OF LAND WITHIN 200 FEET OF THE SITE, A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.
B. Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Downtown Residential 1 (DR-1) zoning district to a Downtown Residential 2 (DR-2) zoning district on approximately 0.3159 acres. The property is located approximately 130 feet south of the intersection of Eagle Drive and Avenue A, on the east side of Avenue A. (Z10-0011, 911 Avenue A) The Planning and Zoning Commission recommends approval (4-1).
C. Hold a public hearing and consider adoption of an ordinance regarding a Detailed Plan for an approximately 17.887 acre multi-family development located within a Planned Development zoning district (PD-120). The subject site is located at the northwest corner of Locust Street (F.M. 2164) and Beall Street. (PD10-0001, Gardens of Denton) The Planning and Zoning Commission recommends approval (6-0).
D. Hold a public hearing and consider adoption of an ordinance designating and describing the boundaries of a Tax Increment Financing Reinvestment Zone for the Downtown District of Denton, Texas; establishing the duration of the Zone; establishing a Tax Increment Fund; establishing a Board of Directors for the Tax Increment Financing Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date.
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.