| 1. | Requests for clarification of agenda items listed on the agenda for June 15, 2010. |
| 2. | Receive a report, hold a discussion, and give staff direction regarding the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. |
| 4. | Receive a report, hold a discussion, and give staff direction concerning a resolution of the City Council of the City of Denton, Texas supporting "extended producer responsibility" to promote the shift of disposal costs from local governments to producers of items through state legislation; authorizing its execution by the City Manager; and providing an effective date. |
| 5. | Receive a report, hold a discussion and give staff direction regarding nominations/appointments to the City’s Boards and Commissions. |
| 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.
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 granting economic development incentives for a 400,000 square foot distribution center project to be located in the Airport Industrial Area on Airport Road. 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. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086.
1. Receive information and a presentation from Denton Municipal Electric staff regarding a public power utility competitive and financial matter, dealing with terms regarding a possible extension of the term and other provisions of the Power Purchase Agreement, entered into on May 1, 2009 by and between the City and NextEra Energy Power Marketing for the acquisition by the City of wind energy and renewable energy credits; discuss, deliberate, consider, and provide staff with direction regarding same.
C. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts for Eagle Drive Drainage Improvements - Phase I, the limits of which being along the existing branch between South Elm Street and South Locust Street, south of Maple Street, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation.
D. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled The University of North Texas, Appellant v. City of Denton, Texas, Appellee, now pending in the Court of Appeals Second Judicial District, sitting in Fort Worth, Texas, Cause No. 02-09-00395-CV. 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.
2. Consider and discuss the status of legal issues relating to the settlement of City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-cv-00173 and provide direction to the city’s attorneys regarding same.
3. Receive a briefing from the City’s attorneys regarding legal issues related to parking and speed matters on City streets running through or adjacent to the University of North Texas and Texas Woman’s University. Discuss, deliberate and provide attorneys with direction. A public discussion of these matters would clearly conflict with the duty of the City’s attorneys to the governmental body under 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. Recreation and Parks Month
2. Denton Recycles in the Library Day
3. Drinking Water Week
4. Fred Douglass/Fred Moore Days
| 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 - Z). 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 - Z 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 authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with Greenville Electric Utility System (GEUS) under Section 271.102 of the Local Government Code, to authorize participation in various GEUS contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4508-Interlocal Agreement with GEUS).
B. Consider adoption of an ordinance accepting competitive bids and awarding a Public Works Contract for the rehabilitation of the Pecan Creek Water Reclamation Plant Raw Pump Station #2; providing for the expenditure of funds therefor; and providing an effective date (Bid 4500-Raw Pump Station #2 MCC Rehabilitation awarded to the lowest responsible bidder meeting specification, C&G Electric, Inc. in the amount of $199,700). The Public Utilities Board recommends approval (5-0).
C. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and Corbet Group, Inc.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4444-Downtown Denton Transit Center Change Order Number One in the amount of $151,254.86 for a total contract award of $1,887,254.86).
D. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2011 Budget of the Denton Central Appraisal District, and providing an effective date.
E. Consider adoption of an ordinance approving a Chapter 380 Economic Development Grant Agreement with Allegiance Hillview, LP; and providing an effective date.
F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute an agreement by and between North Central Texas Council of Governments ("NCTCOG") and the City of Denton, Texas, regarding the grant allocated to Denton under the North Central Texas Alternative Fuel and Advanced Technology Investments Act as part of the American Recovery and Reinvestment Act for those projects identified for funding under the Conservation Research and Development, as filed with the United States Department of Energy in the maximum amount of $725,514; providing for the expenditure of funds and an effective date.
G. Consider approval of a resolution of the City Council of the City of Denton, Texas supporting "extended producer responsibility" to promote the shift of disposal costs from local governments to producers of items through State legislation; authorizing its execution by the City Manager; and providing an effective date.
H. Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date.
I. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton Animal Shelter Foundation for supplemental funding for advertising, printing and supplies; providing for the expenditure of funds; and providing for an effective date. ($1,050)
J. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Juneteenth Committee for supplemental funding for Juneteenth; providing for the expenditure of funds; and providing for an effective date. ($750)
K. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Hearts for Homes; providing for the expenditure of funds; and providing for an effective date. ($600)
L. Consider a request for an exception to the Noise Ordinance for the purpose of performing live jazz music at the Sweet Y Café, located at 511 Robertson Street, on Friday and Saturday, June 18 and 19, 2010, beginning at 7:30 p.m. and concluding at 11:30 p.m. This request is for an extension of hours after 10:00 p.m. for amplified sound. The amplified sound will remain at the allowable 65 decibels. Staff recommends approval of the request of extending the hours of operation for amplified sound to 11:30 p.m.
M. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Dog Days of Denton for supplemental funding for the Dog Days Denton Event on June 4, 2010; providing for the expenditure of funds; and providing for an effective date. ($450)
N. Consider approval of the minutes of: April 13, 2010 April 20, 2010 May 3, 2010 May 4, 2010 May 11, 2010 May 18, 2010
O. Consider adoption of an ordinance approving an assignment of a leasehold interest in an airport lease agreement at Denton Municipal Airport from Michael Moore, to Tony A. Riley located at 4710 Lockheed, Denton, Texas at the Denton Municipal Airport and providing an effective date. The Airport Advisory Board recommends approval (7-0).
P. Consider adoption of an ordinance approving an assignment of a leasehold interest in an airport lease agreement at Denton Municipal Airport from Avionics International Supply, Inc. to Andy Johnson located at 1750 Westcourt, Denton, Texas at the Denton Municipal Airport and providing an effective date. The Airport Advisory Board recommends approval (7-0).
Q. Consider adoption of an ordinance approving an assignment of a leasehold interest in an airport lease agreement at Denton Municipal Airport from Andy Johnson to Global Maritime Supply Management, LLC located at 1750 Westcourt, Denton, Texas at the Denton Municipal Airport and providing an effective date. The Airport Advisory Board recommends approval (7-0).
R. Consider approval of a resolution by the City Council of the City of Denton, Texas, appointing an alternate to the Board of Directors of the Denton County Transportation Authority; providing a repealer and providing; and providing an effective date.
S. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project, Food Waste Composting; delegating and authorizing George C. Campbell, City Manager, or his designate, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas, and providing for an effective date. The Public Utilities Board will consider this item on June 14, 2010.
T. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Real Estate Contract of Sale between the City of Denton and Odis J. Fuller, Jr. and wife, Kathy A. Fuller and other documents necessary to acquire two tracts, one being approximately 0.377 acre of land, the other being approximately 0.049 acre of land, both located in the William Loving Survey, Abstract Number 759, City and County of Denton, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utilities Board will consider this item on June 14, 2010.
U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Release and Settlement Agreement and a Temporary Lease Agreement between the City of Denton and Denton Bible Church regarding two acquisition tracts, one being approximately 0.377 acre of land, the other being approximately 0.049 acre of land, both located in the William Loving Survey, Abstract Number 759, City and County of Denton, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utilities Board will consider this item on June 14, 2010.
V. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a fourth amendment to agreement for professional legal services with the law firm of Walker Sewell, LLC for professional legal services relating to litigation styled: Ex Parte Texas Municipal Power Agency, 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-08-3693, pending in the 261st Judicial District Court in and for Travis County; and the litigation styled Texas Municipal Power Agency, Plaintiff vs. City of Bryan, Texas, Defendant, counter-plaintiff and third-party plaintiff; vs. City of Denton, Texas and the City of Garland, Texas, third-party defendants, Cause No. 28169, pending in the 506th Judicial District Court in and for Grimes County, Texas; together with sixteen related public utility commission of Texas regulatory proceedings; providing for retroactive approval; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5-0).
W. Consider adoption of an ordinance authorizing an encroachment agreement between the City of Denton, as grantor and HTA-Denton, LLC., a Delaware limited liability company, as grantee, regarding a 7.3 square foot tract of land that encroaches into a 20 foot Public Utility and Sidewalk easement; said Public Utility and Sidewalk Easement being dedicated as a part of the Rehab Hospital Addition, recorded in Cabinet X, pages 929 and 930, Plat Records, Denton County, Texas and being in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas; providing an effective date. The Public Utilities Board will consider this item on June 14, 2010.
X. Consider adoption of an ordinance approving an Underground Pipeline Easement between the City of Denton, Texas, as grantor and EnCana Oil & Gas (USA) Inc., a Delaware Corporation, as grantee, regarding a 0.04 acre tract of land located in Lot 1, Block 1 of the Robson Ranch Water Reclamation Plant Addition, recorded in Cabinet R, page 365, Plat Records, Denton County, Texas and being in the T & P.R.R Survey, Abstract No. 1301, in the City of Denton, Denton County, Texas; and providing an effective date. The Public Utilities Board will consider this item on June 14, 2010.
Y. Consider the appointment of Dr. Lane Rawlins to the City’s Economic Development Partnership Board.
Z. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of residential refuse and recycling carts by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4526-Residential Refuse and Recycling Carts for the Solid Waste Division awarded to Rehrig Pacific Company in the amount of $115,456) This item will be considered by the Public Utilities Board at its meeting on June 14, 2010.
| 5. | ITEMS FOR INDIVIDUAL CONSIDERATION |
D. Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board.
E. Consider appointments to Council committees.
F. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
a. Bob Clifton regarding Fry Street issues, including the initiative petition requiring the establishment of a park.
b. Kimberly Reynolds regarding park policies on emergency procedures for children.
G. 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.
H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.
| 4. | PUBLIC HEARINGS |
C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas providing for amendments to the Rayzor Ranch Overlay District (RROD) Section 35.7.15 of the Denton Development Code (DDC) on property encompassing approximately 410 acres of land in its entirety and being located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street. The Northern Tract of the RROD contains approximately 153 acres north of U.S. Highway 380 and the Southern Tract contains approximately 239.05 acres south of U.S. Highway 380. The proposed amendments are related primarily to the Southern Tract which is located within a Regional Center Commercial Downtown (RCC-D) and a Neighborhood Residential Mixed Use (NRMU) zoning and use district as modified by the Rayzor Ranch Overlay District. Specifically the applicant’s proposal includes:
1. Modifying certain previously approved development standards,
2. Proposing an increase to Multi-family density on the Southern Tract,
3. Replacing the previously approved Master Site Plan with a Conceptual/Schematic Plan on the Southern Tract,
4. Amending and adding definitions to land uses on the Southern Tract,
5. Amending and defining landscape guidelines on the Southern Tract,
6. Amending and defining architectural guidelines on the Southern Tract, and
7. Amending and defining signage guidelines on the Southern Tract.
D. Hold a public hearing and consider adoption of ordinances of the City of Denton, Texas regarding the following matters, as they relate to the Inspiration (Hunter Ranch) MPC zoning district classification and use designation [MPC07-0001, Inspiration (Hunter Ranch)], generally located on both sides of I-35, between Robson Ranch Road and Vintage Boulevard in the City of Denton, Texas:
1. To rezone approximately 196.5 acres of property owned by the City of Denton for a park, located at the northwest corner of Allred Road and Bonnie Brae Street, from the Inspiration MPC (MPC07-0001) zoning district classification and use designation to a Neighborhood Residential 1 (NR-1) zoning district classification and use designation; and
2. To amend the 3,331 acre Inspiration Master Planned Community Zoning district classification and use designation [MPC07-0001, Inspiration (Hunter Ranch)], by amending the Zoning Document, Development Plan Map, and Development Standards; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (AMPC10-0001) The Planning and Zoning Commission recommended approval (7-0).
| ______________________________ CITY SECRETARY |