AGENDA
CITY OF DENTON CITY COUNCIL
March 19, 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 19, 2013 at 03:00 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:

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 March 19, 2013.

3. Receive a report, hold a discussion, and provide staff with direction regarding potential amendments to the Public Art policy.

4. Receive a report, hold a discussion, and give staff direction regarding the proposed Hotel/Convention Center.

5. Receive a report, hold a discussion, and give staff direction regarding State of Texas Legislative issues, including but not limited to SB and HB 14, related to the process of issuing bonds; HB 738, related to county authority to review a petition by a Municipal Utility District located wholly within a municipal extraterritorial jurisdiction; SB 276, related to the creation of a Local Government Corporation by a transit authority; HB 1496, related to regulation of gas wells; and legislation regarding credit access (payday lending) practices.



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."

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 - L). 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 - L 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: February 4, 2013 February 5, 2013 February 12, 2013

B. 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 Dragon Runner 20 Remotely Operated Vehicles (Small Platform Robots) from QinetiQ North America, Inc. 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; with funding to be reimbursed 100% through the Dallas Fort Worth Arlington Urban Area Security Initiative, a Homeland Security Grant Program; and providing an effective date (File 5191-Purchase of Two Dragon Runner 20 Remotely Operated Vehicles for the City of Denton Fire Department Bomb Squad in the amount of $173,886).

C. Consider adoption of an ordinance accepting bids and awarding a public works contract for the US Highway 380 Utility Relocations Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5190-awarded to North Texas Contracting, Inc. in the amount of $3,446,977). The Public Utilities Board recommends approval (6-0).

D. Consider adoption of an ordinance accepting bids and awarding a public works contract for the Morse Street and Alexander Street Water and Sewer Replacement Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5170-awarded to Dickerson Construction Company, Inc. in the amount of $484,105.50). The Public Utilities Board recommends approval (6-0).

E. Consider adoption of an ordinance of the City of Denton, Texas creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the planning and zoning commission’s members as members of the capital improvements advisory committee; providing for the appointment of and appointing one additional ad hoc member to the capital improvements advisory committee from the extraterritorial jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the capital improvements advisory committee to follow in performing its duties; and providing for a effective date.

F. Consider adoption of an ordinance of the City of Denton, Texas, accepting that certain Special Warranty Deed, from Robson Denton Development, LP, an Arizona Limited Partnership, conveying certain lands located in the C. Manchaca Survey, Abstract No. 789, also known as Lot 1, Block A, City of Denton Water Plant, certain real property located in Denton County, Texas, according to the Conveyance Plat thereof, recorded under Document No. 2013-049, Plat Records of Denton County, Texas (The "Lands"), and being generally located on the north side of Lively Road approximately one half mile east of Seaborn Road; and providing for an effective date.

G. Consider adoption of an ordinance authorizing the City Manager or his designee to execute, for and on behalf of the City of Denton, Texas, an Amendment of Temporary Lease ("Amendment"), by and between the City of Denton, Texas ("City") and Billie Glosser ("Tenant"), amending that certain Temporary Lease (herein so called), dated effective December 28, 2012, by and between City and Tenant, leasing to Tenant a 147.85 acre tract, more or less, located in the D. Davis Survey, Abstract No. 356, Denton County, Texas, as more particularly described in the Temporary Lease ("Property"), said Real Property being generally located along the west side of Tom Cole Road, across from the Denton Municipal Airport, said Amendment, among other terms, extending the term of, and amending the rent payable under, the Temporary Lease; authorizing the City Manager to execute the Amendment of Temporary Lease; providing a savings clause; and providing an effective date.

H. 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 General Obligation Bonds with an aggregate maximum principal amount equal to $4,000,000 to construct and improve streets approved by voters in November 2012; and providing an effective date.

I. Consider adoption of an ordinance of the City of Denton, Texas, delegating certain authority to the City Manager 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 to execute contracts to purchase said real property interests for and on behalf of the City of Denton; authorizing the City Manager to expend funds in accordance with the terms of said contracts; providing a severability clause; and providing an effective date.

J. Consider adoption of an ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

K. Consider adoption of an ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

L. Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance of the City of Denton, Texas, requiring registration of credit access businesses; defining terms; establishing a registration fee; imposing restrictions on extensions of consumer credit made by credit access businesses; providing recordkeeping requirements; providing defenses; providing a penalty not to exceed $500; providing a savings clause; providing a severability clause; and providing an effective date.

B. Consider appointment of board members for Tax Increment Financing Zone Number One (Downtown TIF).

C. Consider approval of a resolution of the City of Denton, Texas supporting House Bill 738 recently introduced in the 83rd Texas Legislature, relating to the review by a county commissioner’s court of the creation of a proposed municipal utility district (MUD) within a city’s extraterritorial jurisdiction; and providing an effective date.

D. Consider approval of a resolution of the City of Denton, Texas, opposing House Bill 1496, recently introduced in the 83rd Texas Legislature, relating to the applicability of the Private Real Property Rights Preservation Act to certain governmental actions relative to oil and natural gas drilling activities; and providing an effective date.

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from a "Community Mixed Use Centers" future land use designation to a "Neighborhood Centers" future land use designation; on approximately 34.04 acres of land located on the east side of Country Club Road (FM 1830), between Ryan Road to the north and Hickory Creek Road to the south, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date. (CA12-0005, Country Club Road Tract)  The Planning and Zoning Commission recommends approval (7-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Community Mixed Use General (CM-G) zoning district and use classification to a Neighborhood Residential 4 (NR-4) zoning district and use classification on approximately 34.04 acres of land located on the east side of Country Club Road (FM 1830), between Ryan Road to the north and Hickory Creek Road to the south, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date. (Z12-0010, Country Club Road Tract)  The Planning and Zoning Commission recommends approval (7-0).

C. Hold a public hearing and consider adoption of an ordinance approving a Detailed Plan to allow a 6,816 square-foot building for new auto parts sale on 0.835 of land located within the Wheeler Ridge Planned Development District (PD-176).  The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.  (PDA12-0005, O’Reilly Auto Parts)  The Planning and Zoning Commission recommends approval (7-0).

D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a basic utility; a DME Electric Substation, on approximately 8.75 acres of land within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; located west of Loop 288, south of Audra Lane, and directly east of Audra Meadows, Phase 2 Subdivision, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S12-0005, DME Audra Substation)  The Planning and Zoning Commission recommends approval (5-0).

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.



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.