AGENDA
CITY OF DENTON CITY COUNCIL
April 6, 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, April 6, 2010 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:

Click here to view Agenda with Backup Materials

1. Requests for clarification of agenda items listed on the agenda for April 6, 2010.

2. Receive a report, hold a discussion, and give staff direction regarding the proposed development for the Rayzor Ranch South Town Center.

3. Receive a report, hold a discussion, and give staff direction regarding the 2010 Tax Abatement Policy for the City of Denton to establish guidelines and criteria governing tax abatement agreements.

4. Receive a report, hold a discussion and give staff direction regarding the Best Practices for Pipeline and Municipality Relations document.

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 the status and potential settlement of the claim of Dustin Epting.

2. Consultation with the City’s attorneys on legal issues relating to a proposed annexation of areas  required by Texas Local Government Code 43.052 to follow a three-year municipal annexation plan.

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

1. Discuss, deliberate, consider, receive information from Staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.086 and 0.004 acre tracts for Utility Easement, and a 0.105 acre tract for Temporary Construction Easement located in the R. Beaumont Survey, Abstract Number 31, City and County of Denton, Texas; which acquisitions are for a public purpose, the US Hwy 380 Relocation Project.  Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said property interests 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.

2. Discuss, deliberate, consider, receive information from staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.070 acres for Utility Easement, and 0.063 acres for Temporary Construction Easement, located in the N. H. Meisenheimer Survey, Abstract Number 811, City and County of Denton, Texas; which acquisitions are for a public purpose, the US Hwy 380 Relocation Project.  Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said property interests 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.

3. Discuss, deliberate, consider, receive information from staff, and provide Staff with direction pertaining to the purchase and value of real property interests consisting of 0.0860 acres for Temporary Construction Easement, located in the R. Beaumont Survey, Abstract Number 31, City and County of Denton, Texas; which acquisition is for a public purpose, the US Hwy 380 Relocation Project.  Consultation with the City’s attorneys regarding legal issues associated with the acquisition of said property interests 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. 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.

1. Receive a report and hold a discussion regarding legal issues on matters 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.  Also hold a discussion regarding an incentive agreement for the proposed location of a 400,000 square foot distribution center to be located in the industrially zoned area along Airport Road, west of Interstate 35, known as Project Teacup.



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. Presentation of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association

2. Child Abuse Prevention Month Proclamation

3. Barbara Jordan Media Day Proclamation

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 - R). 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 - R 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 a request for an exception to the Noise Ordinance for the purpose of performing music during the 2010 Relay for Life, to be held at the University of North Texas Fouts Field beginning at 3:00 p.m. on Saturday April 17th until 6:00 a.m. on Sunday, April 18th.  The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday until 6:00 a.m.  Staff recommends approving the request.

B. Consider approval of the minutes of: February 16, 2010 March 1, 2010 March 2, 2010 March 9, 2010

C. Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment Pay for Police Department civil service employees who are assigned to perform specialized duties and required to be on call and frequently available via a cellular phone and providing an effective date.

D. Consider adoption of an ordinance of the City of Denton, Texas authorizing Assignment Pay for Fire Department civil service employees who are assigned to perform specialized duties and required to be on call and frequently available via a cellular phone and providing an effective date.

E. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an Advance Funding Agreement for a project using funds held in the State Highway 121 Subaccount in the amount of $1,165,145.00 between the City of Denton, Texas and the State of Texas for construction of city pedestrian bridge on the Denton Branch Rail Trail at Pecan Creek and Loop 288; authorizing the expenditure of funds therefor; and providing for an effective date. The Mobility Committee recommends approval (3-0).  The Parks, Recreation and Beautification Board recommends approval (6-0).

F. 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 Electric Fund with Utility System Revenue Bonds or Certificates of Obligation with an aggregate maximum principal amount equal to $6,792,522 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities.  The Public Utilities Board recommends approval (6-0).

G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds; and providing an effective date.

H. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and The Historical Park Foundation for the purpose of assisting with the construction of the foundation of the Welcome Center; providing for the expenditure of funds therefore; and providing for an effective date. ($1600.00)

I. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2010 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date.

J. Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2009-10 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Airport Gas Well Fund of nine hundred seventy-three thousand five hundred eighty-two dollars ($973,582) to be transferred to the General Fund for reimbursement of the General Fund subsidy of Airport operations and to discontinue the transfer of sales tax and ad valorem taxes from the General Fund to the Non-Airport Gas Well Fund; declaring a municipal purpose; providing a severability clause; providing for an open meetings clause; and providing for an effective date.

K. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4487-Annual Contract for Liquid Ferric Sulfate awarded to the lowest responsible bidder, Kemira Water Solutions, Inc. in the annual estimated amount of $400,000).  The Public Utilities Board recommends approval (6-0).

L. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of traffic cabinet hardware for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4488-Annual Contract for Traffic Cabinet Hardware awarded to the lowest responsible bidder, Paradigm Traffic Systems, Inc. in the annual estimated amount of $260,000).

M. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston Galveston Council of Governments, Texas Multiple Award Schedule Program (TXMAS), Buy Board Cooperative Purchasing Network and State of Texas Comptroller of Public Accounts Cooperative Purchasing Program (TXCPA CO-OP) for the acquisition of eight vehicles and three pieces of equipment for the City of Denton Utility Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4491-Purchase of Utility Fund Vehicles awarded to multiple vendors as listed on Exhibit A in the amount of $749,569). The Public Utilities Board recommends approval (6-0).

N. Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for public access improvements benefitting the South Branch Library, Fire Station No. 6 and Denton Independent School District (DISD) Houston Elementary within the municipal limits of the City and Denton County Precinct No. 1; and providing an effective date.

O. Consider approval of a resolution by the City Council of the City of Denton, Texas regarding the Best Practices for Pipeline and Municipality Relations Resolution; and providing an effective date.

P. Consider adoption of an ordinance of the City of Denton, Texas, providing for the indefinite closure of Corbin Road from the west side of Interstate Highway 35 West (IH35W) to the east side of IH35W; and providing an effective date.  Mobility Committee recommends approval (3-0).

Q. Consider adoption of an ordinance adopting an annexation plan for the City of Denton, Texas in accordance with Texas Local Government Code Chapter 43 Subchapter C; providing for severability; providing for the repeal of conflicting provisions; providing a savings clause; providing for publication and effective date.

R. Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Thaten Construction Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4336-Change Order Number One to Fleet Fueling and Truck Wash Facility in the amount of $46,027 for a total bid award of $2,093,712).

P. Consider adoption of an ordinance of the City of Denton, Texas, providing for the indefinite closure of Corbin Road from the west side of Interstate Highway 35 West (IH35W) to the east side of IH35W; and providing an effective date.  Mobility Committee recommends approval (3-0).

4. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Commercial General (DC-G) zoning district classification and use designation on approximately 2.749 acres of land generally located at the southwest corner of Greenlee Street and Central Avenue; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0012).  The Planning and Zoning Commission recommends approval (6-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Commercial Neighborhood (DC-N) zoning district classification and use designation on approximately 0.59 acres of land located at the southwest corner of Bolivar Street and Congress Street; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0014).  The Planning and Zoning Commission recommends approval (6-0).

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Commercial General (DC-G) zoning district classification and use designation on approximately 2.749 acres of land generally located at the southwest corner of Greenlee Street and Central Avenue; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0012).  The Planning and Zoning Commission recommends approval (6-0).

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Commercial General (DC-G) zoning district classification and use designation on approximately 2.749 acres of land generally located at the southwest corner of Greenlee Street and Central Avenue; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0012).  The Planning and Zoning Commission recommends approval (6-0).

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance of the City of Denton Texas authorizing the City Manager or his designee to administer the formula funding allocated Denton  under the Energy Efficiency and Conservation Block Grant, as part of the American Recovery and Reinvestment Act, for those projects identified for funding under the City of Denton’s Energy Efficiency and Conservation Strategy, as filed with the United States Department of Energy in the total amount of $1,117,000; providing for the expenditure of funds and an effective date.

B. Consider appointments to the following Boards and Commissions:

1. Construction Advisory and Appeals Board

2. Human Services Advisory Committee

C. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Bob Clifton regarding Fry Street and City finances.

b. Nathan Jackson regarding water fluoridation.

c. Eli Gemini regarding proposal to change the name of our city from Denton, Texas to Corruption City, Texas, U.S.A.

d. Willie Hudspeth regarding concerns of Southeast Denton.

e. Lanisha Hudspeth regarding concerns of Southeast Denton.

f. Jordan Hudspeth regarding concerns of Southeast Denton.

g. Hagar Hudspeth regarding concerns of Southeast Denton.

D. 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.

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

F. 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

C. Citizen Reports



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.