AGENDA
CITY OF DENTON CITY COUNCIL
May 4, 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, May 4, 2010 at 04:30 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:

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WORK SESSION

1. Requests for clarification of agenda items listed on the agenda for May 4, 2010.

2. Receive a report, hold a discussion and give staff direction regarding naming the park property located at 6100 Sun Ray Drive, SPC Ernest W. Dallas, Jr. Veterans Memorial Park, and declaring an effective date.  The Parks, Recreation and Beautification Board recommends approval (6-0).

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. 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 of a fee simple tract, and temporary construction easement tract for Magnolia Drainage Improvements, the limits of which being a detention pond to be located North of the Mckenna Park Congregation of the Jehovah’s Witnesses church facilities on Windsor Drive, 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.

B. Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1. Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to possible annexations of property into the City of Denton where 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.



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. Motorcycle Safety & Awareness Month Proclamation

2. National Day of Prayer Proclamation

3. Presentation of Post Card History Series: Denton County book by Georgia Caraway and Kim Cupit with Denton County Museums.

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 adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC, Austin, Texas for further consulting services relating to Task Orders No. 10-D, 10-E, 10-F and 10-G, by approving further Task Orders No. 10-D, 10-E, 10-F and 10-G, regarding providing professional consulting and engineering services supporting Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 4486-Task Orders No. 10-D, 10-E, 10-F and 10-G for an additional amount of not-to-exceed $98,000-being an additional sum to the original Professional Services Agreement in the sum of $67,000; and when totaled with related Task Orders No. 10-A, 10-B, and 10-C a total not-to-exceed amount of $165,000). The Public Utilities Board recommends approval (5-0).

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 Leak Detection Survey Work on water transmission pipelines for the City of Denton Water 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 4503-Purchase of Leak Detection Survey Work awarded to Pressure Pipe Inspection Company in an amount not to exceed $315,000). The Public Utilities Board recommends approval (4-0).

C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Chris and Cynthia Savino from the Downtown Incentive Grant Program not to exceed $7,935; and providing for an effective date.  The Economic Development Partnership Board recommends approval (6-0).

D. Consider a request for an exception to the Noise Ordinance for amplified sound on each Sunday in the month of July for the purpose of the Apollo Time and the Music Time events.  Apollo Time and Music Time events are scheduled for the following Sundays: July 4, from 5:00 p.m. until 11:00 p.m., July 11, July 18, and July 25, 2010, from 5:00 p.m. until 10:00 p.m.  The events will be held in Fred Moore Park. There is not a request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each Sunday in the month of July.

E. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Denton Parks Foundation to assist with the costs of entertainment, decorations, promotions, and/or children’s activities for the 2010 Cinco de Mayo Celebration; providing for the expenditure of funds therefore; and providing for an effective date. ($600)

F. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $4,256,000 to allow the Solid Waste Department to purchase and acquire refuse and recycling equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date.  The Public Utilities Board recommends approval (4-0).

G. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date.

H. Consider adoption of an ordinance of the City of Denton, Texas, naming the park property located at 6100 Sun Ray Drive, SPC Ernest W. Dallas, Jr. Veterans Memorial Park, and declaring an effective date.  The Parks, Recreation and Beautification Board recommends approval (6-0).

I. 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 McKenna Park Congregation of Jehovah’s Witnesses, and any other documents necessary to acquire an approximate 3.779 acres of land located in the Thomas Toby Survey, Abstract Number 1288, Denton County Texas, and being a portion of Lot 1, Block 1 of Lake Cities Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320, Plat Records, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utility Board recommends approval (4-0).

J. 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, Construction and Demolition Equipment in the amount of $98,000; delegating and authorizing the City Manager, or his designee, 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 Utility Board recommends approval (4-0).

K. 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 - Recycling and Litter Reduction for $68,000 in the Public Areas of Downtown from the Denton County Courthouse to the new light rail train station; delegating and authorizing the City Manager, or his designee, 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 an effective date.  The Public Utility Board recommends approval (4-0).

L. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Non-disturbance and Accommodation agreement between the City of Denton, Texas, Rayzor Hillview, L.P., Denton Hillview, L.P., Rayzor Investments, LTD., Range Texas Production, LLC, and Range Production Company regarding lands located in the B.B.B. and C.R.R. Company Survey, Abstract Number 192, Denton County, Texas, and being Lot 1, Block 2 of Rayzor Ranch South, according to the conveyance plat thereof recorded in Cabinet Y, Pages 470-478, Plat Records of Denton County, Texas and adjoining Electric, Communication, Roadway, Access and Utility Easement; and providing an effective date. The Public Utility Board recommends approval (4-0).

M. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann.  The House Concert will be located at 616 Woodland Street on Sunday May 23, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m.  This request is for an increase in decibels from 65 to 69 and for amplified sound on Sunday.  Staff recommends approving the noise exception request.

N. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 28 of the Code of Ordinances to adopt the 2009 International Energy Conservation Code, as published by the International Code Council, and to establish local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00 for violations thereto; providing for severability; repealing all ordinances in conflict herewith; and providing an effective date.

O. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2010 - 2014 Consolidated Plan for Housing and Community Development including the 2010 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date.

P. Consider approval of the minutes of April 5, 2010 and April 6, 2010.

4. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 322 Texas Street, legally known as Lot 4, Block 1 of Industrial School Addition, as a Historic Landmark under Section 35.7.6 of the Denton Development Code (HL10-0002).  The Historic Landmark Commission recommends approval (5-0).  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 Neighborhood Residential 2 (NR-2) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, and superseding and repealing ordinance Nos. 87-113, 87-154, and Specific Use Permit S-193, along with any special exceptions or legally nonconforming use status created as a consequence of the zoning classification change in 2002, for approximately 5.2 acres of land located at 4000 W. University Drive, legally described as Ranch Estates, Block E (SW Corner), and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z09-0011).  The Planning and Zoning Commission recommends approval (4-2).

C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Neighborhood Residential 2, (NR-2) zoning classification and use designation and Neighborhood Residential 4, (NR-4) zoning classification and use designation to Rural Residential, (RD-5) zoning classification and use designation on 40.35 acres, located on the east side of F.M. 428, approximately 659 feet north of Long Road, and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z10-0003).  The Planning and Zoning Commission recommends approval (6-0).

D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an amendment of the Detailed Plan associated with State School Planned Development (PD-12, I-35/State School) to allow a 1,799 square foot addition to an existing 11,144 square foot office building on approximately 5.491 acres generally located on the south side of Interstate 35 East, north of the city of Corinth; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date (Z10-0001).  The Planning and Zoning Commission recommends approval (7-0).

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Conduct the second of two (2) readings to consider the adoption of fifteen (15) ordinances under the involuntary annexation procedures for areas exempted from the municipal annexation plan; the Service Plan; and Non-Annexation Development Agreements for qualified parcels within approximately 7,480 acres, located in the City’s Extraterritorial Jurisdiction (ETJ), Division 1.  The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1.  The 15 areas are identified and generally located as follows:

1. PAA1:  1,171 acres, located on the south side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road;

2. PAA2 South:  1,472 acres, located on the south side of FM 1173; north of W. University Drive; west of I-35;

3. PAA3:  1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35;

4. PAA4:  1,555 acres, located on the south side of Milam Road; north of Loop 288; east of I-35;

5. DH-1:  315 acres, located east of H. Lively Road; south side of FM 2449; west side of John Paine Road;

6. DH-2:  258 acres, located on the south side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road;

7. DH-3: 421 acres, located on the south side of Spring Side Road; north, south and west of Corbin Road; west of I-35;

8. DH-4:  347 acres, located on the east side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage Boulevard;

9. DH-5:  307.11 acres, located on the east side of Fort Worth Drive; west side of Country Club Drive; north of Bush Creek Road;

10. DH-6:  9 acres, located on the east side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court;

11. DH-8:  29 acres, located west of Old Edwards Road; north and south of Edwards Road;

12. DH-10:  87 acres, located south of East McKinney Street; east and west of Lakey Circle;

13. DH-11:  388 acres, located southeast of the intersection of Mayhill Road and McKinney Street;

14. DH-13:  16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and

15. DH-14:  30 acres, located on the South side of Robinson Road; east of Teasley Lane.

B. Consider nominations/appointments to the following Boards and Commissions:

1. Parks, Recreation and Beautification Board

C. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Eli Gemini regarding corruption and cover-ups within the City of Denton.

b. Larry Simmons regarding a variance on the vendor fee.

c. Willie Hudspeth regarding concerns of Southeast Denton.

d. Lanisha Hudspeth regarding concerns of Southeast Denton.

e. Jordan Hudspeth regarding concerns of Southeast Denton.

f. Hagar Hudspeth regarding concerns of Southeast Denton.

g. Kathleen Wazny regarding City of Denton gas well ordinance.

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

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.