AGENDA
CITY OF DENTON CITY COUNCIL
October 5, 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, October 5, 2010 at 04:00 p.m. in the City Hall Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

Click here to view the Agenda with Backup Materials

WORK SESSION

1. Requests for clarification of agenda items listed on the agenda for October 5, 2010.

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. Receive a briefing from City’s attorneys and hold a discussion, pursuant to Section 551.071 of the Texas Government Code, of legal issues associated with the expiration of the City’s agreement with Charter Communications regarding a public, educational, or governmental (PEG) cable television channel and the potential award of an agreement for the operation of a PEG channel to a new operator where public discussion of this legal matter would clearly conflict with the duty of the city’s attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

2. Consultation, discussion, deliberation, and receipt of information from the City’s attorneys regarding contemplated litigation with Denton County Electric Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to disputes concerning franchise issues, 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.

3. Receive a status report regarding the litigation entitled: The University of North Texas, Appellant v. The City of Denton, Texas, Appellee, Cause No. 02-09-00395-CV, now pending before the Fort Worth Court of Appeals; and discuss, deliberate and provide the City’s attorneys with direction and any recommendations regarding such legal matter.  A public discussion of this legal matter 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.

B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of permanent and temporary construction easement tracts for the Jim Christal Double Circuit and Combined Heat and Power projects, the location of which being north and west of the Denton Municipal Airport area 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.

I. 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.

2. Receive a report, hold a discussion and give staff direction regarding the operation of the public access channel beginning January 1, 2011.



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. United Way Proclamation (Kevin Gunn)

2. Fire Prevention Week

3. White Cane Day

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 - N). 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 - N 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 a resolution of the City Council of the City of Denton, Texas accepting the recommendations made by the Citizens Advisory Oversight Committee appointed by the City Council on April 19, 2005, regarding the five-year capital improvements program, respecting the reallocation of funding of street improvements from the FY 2007-2008 miscellaneous roadways, the FY 2008-2009 miscellaneous roadways, and from the 2008-2009 sidewalk installations funds to the Paisley Street extension project; and providing an effective date.

B. Consider approval of a resolution of the City Council of the City of Denton, Texas accepting the recommendations made by the Citizens Advisory Oversight Committee appointed by the City Council on April 19, 2005, regarding the five-year Capital Improvements Program, respecting the reallocation of funding of street improvements from Walnut Street and Pecan Street to the Hickory Street Grand Project; and providing an effective date ($1,777,970).

C. Consider adoption of an ordinance authorizing the City Manager to execute Amendment No. 1 to amended lease agreement between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain amended lease agreement, dated on or about September 18, 2007, by and between the City and DCTA, related to the lease of parking spaces located at the Williams Trade Square; and providing for an effective date.  The Mobility Committee recommends approval (3-0).

D. 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 (Contract# 340-10) for the acquisition of uniform purchase and rental for City employees by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4584-Employee Uniform Rental and Purchase awarded to G&K Services in the annual estimated amount of $200,000).

E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4564-Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $2,000,000).

F. Consider approval of a resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date.

G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to Agreement for Professional Legal Services with Michael J. Whitten & Associates formerly known as The Whitten Law Firm, P.C. for professional legal services relating to litigation entitled: The University of North Texas, Appellant v The City of Denton, Texas, Appellee, Cause No. 02-09-00395-CV, now pending before the Fort Worth Court of Appeals; authorizing the expenditure of funds therefor; providing for retroactive approval thereof; and providing an effective date.

H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City and Fred Moore Day Nursery School to provide Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton, Texas; authorizing the expenditure of funds therefor, not to exceed $120,400; and providing for an effective date.

I. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a funding agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend Home Investment Partnership Program funds with respect to the agreement; and providing for an effective date.

J. Consider adoption of an ordinance finding that a public purpose and necessity exists and finding that public welfare and convenience requires the acquisition through agreement or eminent domain of an approximate 0.787 acre utility easement, and a 1.431 acre temporary construction easement for the relocation and installation of municipal utilities relating to the Jim Christal Double Circuit, and the Combined Heat and Power utility projects situated in the John Scott Survey, Abstract Number 1222, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date.  The Public Utilities Board recommends approval (6-0).

K. Consider approval of the minutes of: August 10, 2010 August 17, 2010 September 7, 2010 September 14, 2010 September 21, 2010

L. Consider adoption of an ordinance approving an employment agreement for the City Manager and authorizing the Mayor to execute said agreement setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date.

M. Consider adoption of an ordinance approving an employment agreement for the City Attorney and authorizing the Mayor to execute said agreement setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date.

N. Consider adoption of an ordinance approving an amendment to the easement agreement for joint driveway access by and between the City of Denton, Denton Independent School District and Teasley Commons, LTD. related to the appropriation of additional easement area for driveway widening purposes; and providing an effective date. (South Branch Library, Fire Station No. 6, and Sam Houston Elementary bus loop - 3200 block Teasley Lane)

4. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Detailed Plan to allow a public park located on 15.378 acres within the Preserve Planned Development District (PD 132), generally located south of Lakeview Boulevard and north of the existing Denton Branch Rail Trail; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z10-0008).  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 regarding a Concept Plan amendment and a Detailed Plan amendment (Ordinance No. 2009-302) within the Wheeler Ridge Planned Development District (PD-176).  The Concept Plan contains approximately 9.08 acres and the Detailed Plan contains approximately 4.05 acres located within the boundaries of the Concept Plan.  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.  (PDA10-0003)  The Planning and Zoning Commission recommends approval (5-0).

C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding creation of a Detailed Plan to allow a convenience store with fuel dispensers on property located within the Wheeler Ridge Planned Development District (PD-176).  The proposed retail development is comprised of a 2,940 square-foot building, a fuel station with four (4) fuel dispensers and two (2) underground fuel storage tanks. 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. (Z10-0006)  The Planning and Zoning Commission recommends approval (5-0).

D. 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 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 1 (NR-1) zoning district classification and use designation on approximately 40.37 acres of land located on the west and east sides of Ector Street, between Emery Street to the north and Sena Street to the south; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (SI10-0002)  The Planning and Zoning Commission recommends approval (7-0).

E. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Target Corporation Reinvestment Zone IX for commercial/industrial tax abatement; establishing the boundaries of such Zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. (Linda Ratliff)

E. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Target Corporation Reinvestment Zone IX for commercial/industrial tax abatement; establishing the boundaries of such Zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. (Linda Ratliff)

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with Target Corporation, a Minnesota corporation; setting forth all the required terms of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to Target Corporation receiving the Tax Abatement; providing for a severability clause; and providing an effective date.  The Economic Development Partnership Board recommends approval (6-0).

B. Continue consideration of adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas (Z09-0013)  The Planning and Zoning Commission recommended approval of the rezoning of six (6) of the seven lots from Neighborhood Residential 3 (NR-4) to Neighborhood Residential Mixed Use (NRMU) subject to overlay conditions (5-1).

C. Citizen Reports

1. Review of procedures for addressing the City Council.

2. Receive citizen reports from the following:

a. Bob Clifton regarding a Fry Street and Bonnie Brae update.

b. Ashley Oates regarding a smoke free ordinance.

c. Donna Woodfork regarding lack of customer service from the City Council.

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.