AGENDA
CITY OF DENTON CITY COUNCIL
March 5, 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, March 5, 2013 at 03:30 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

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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 March 5, 2013.

3. Receive a report, hold a discussion and give staff direction, regarding the Denton Plan Update.

4. Receive a report, hold a discussion, and give staff direction regarding the FY 2011-12 Comprehensive Annual Financial Report and annual audit.

5. Receive a report, hold a discussion and give staff direction regarding the request for City sponsorship of the Third Annual Susan G. Komen for the Cure, North Texas, to be held in Denton on September 28, 2013, in South Lakes Park and the run routed through surrounding neighborhoods.

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. Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074.

1. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Manager, and Internal Auditor.

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. Severe Weather Awareness Week

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Ericca Cordier regarding good citizenship.

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 - F). 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 - F 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 approval of the minutes of: January 7, 2013 January 8, 2013 January 14, 2012 January 29, 2013

B. Consider adoption of an ordinance accepting proposals and awarding a public works contract for the replacement of two 10-inch Sewer Crossings as part of the US Hwy 380 Widening Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5131-awarded to Wilson Contractor Services, LLC in the amount of $202,509.40). The Public Utilities Board recommends approval (5-0).

C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute on behalf of the city a Deed Without Warranty, from the City of Denton, Texas, as grantor, to Texas SB Holdings, LLC, as grantee, conveying a 0.09 acre tract located in the Eugene Puchalski Survey, Abstract Number 996, City of Denton, Denton County, Texas, being generally located at the northeast intersection of West Hickory Street and North Texas Boulevard (the "Land"); reserving a perpetual Sanitary Sewer Easement in, along, upon, under, over and across a portion of said land; and providing for an effective date.

D. Consider adoption of an ordinance approving and authorizing the concession to Fair 2000, Inc. to sell alcoholic beverages at designated locations during the 2013, 2014 and 2015 Denton Air Fair, Inc. Air show events, upon certain conditions; and providing an effective date.

E. Consider a request for an exception to the Noise Ordinance for the purpose of the DentonRadio on the Square Music Stage sponsored by the Denton Convention and Visitors Bureau (CVB), DentonRadio.com, and the Denton County Office of History and Culture in collaboration with the 35 Denton Festival.  The event will be held on the Denton County Courthouse lawn from Thursday, March 7 through Sunday, March 10, from noon to 11:00 p.m.  The exception is specifically requested to increase sound levels from 70 to 75 decibels and for amplified sound on Sunday.  Staff recommends approval of the request.

F. Consider adoption of an ordinance of the City of Denton, Texas, delegating certain authority to the City Manager, or his designee, to make offers and to accept counter offers to purchase eligible real property interests necessary for City of Denton public works and electric utility capital improvement projects; authorizing the City Manager, or his designee, to execute contracts to purchase said real property interests for and on behalf of the City of Denton; authorizing the City Manager, or his designee, to expend funds in accordance with the terms of said contracts; providing a severability clause; and providing an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance directing the publication of Notice of Intention to issue $46,770,000 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.  The Audit/Finance Committee recommends approval (2-0).

B. Consider adoption of an ordinance directing the publication of Notice of Intention to issue $21,495,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date.  The Audit/Finance Committee recommends approval (2-0).

C. Consider approval of a resolution creating an Ad-hoc Citizen Advisory Committee to advise the City Council on the development of:  goals; strategies; objectives; and growth scenarios for the Denton Plan Update and the composition of such a citizen committee and providing an effective date.

D. Consider nominations/appointments to the City’s boards, commissions and/or committees:

1) Zoning Board of Adjustment

2) Citizens Advisory Committee for the Comprehensive Plan

E. Hold the first of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-12 of approximately 1,154 acres (less those parcels identified in Exhibit "C") located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, and east and west of S. Trinity Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which contains areas of land which are to be annexed pursuant to the City’s 3-Year Annexation Plan; excluding properties within DH-12 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date.  (First of two readings.)

F. Hold the first of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-9 of approximately 298 acres (less those parcels identified in Exhibit "C") located north of Pockrus Page Road, north, south and northeast of Edwards Road, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing City limits of the City of Denton, Texas, and which contains areas of land which are to be annexed pursuant to the City’s 3-Year Annexation Plan; excluding properties within DH-9 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date.  (First of two readings.)

G. Hold the first of two (2) readings to consider the adoption of an ordinance annexing an area of land to the City of Denton, Texas, generally identified as DH-7 of approximately 143 acres (less those parcels identified in Exhibit "C") located on the east and north sides of Teasley Lane, south of Teasley Harbor subdivision and west of Southlake Drive, and more specifically identified in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing City limits of the City of Denton, Texas, and which contains areas of land to be annexed pursuant to the City’s 3-Year Annexation Plan; excluding properties within DH-7 subject to non-annexation agreements for agricultural, wildlife management or timberland use from the annexation; providing for correction of the City map to include this annexed area; providing a savings clause; and providing an effective date.  (First of two readings.)

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 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.