AGENDA
CITY OF DENTON CITY COUNCIL
May 3, 2011


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 3, 2011 at 04:00 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:

"Click here to view Agenda with Backup Materials"

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 May 3, 2011.

3. Receive a report, hold a discussion, and give staff direction regarding proposed amendments to Sections 35.13.7.C, 35.20.2.A.3.c, 35.20.3.B, 35.20.3.B.1, 35.20.3.C and 35.23.2 of the Denton Development Code regarding estates lots and sidewalks and/or bicycle facilities.  (DCA10-0008)

4. Receive a report, hold a discussion, and give staff direction concerning the creation of a new Division 3 to Chapter 26, Article III of the Denton Code of Ordinances, regulating the use and interconnection of Wind Energy Conservation Systems (WECS) and concerning proposed amendments to Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free-standing Monopole Support Structure and Building-mounted WECS.  The Public Utilities Board recommends approval of Chapter 26 elements of the draft WECS ordinance (4-0).  The Planning and Zoning Commission recommends approval of the proposed amendments to Subchapter 35.5 of the Denton Development Code (7-0).  (DCA10-0010)

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 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 to Peerless Manufacturing Company with respect to development of a manufacturing facility.  This discussion shall include commercial and financial information the City Council has received from Peerless Manufacturing 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.

2. 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 the terms and conditions of an existing economic development incentive for Jostens, Inc.  This discussion shall include commercial and financial information the City Council has received from Jostens, Inc.

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

1. Receive a report and hold a discussion regarding legal issues on matters involving Cause No. 2011-50255-367 in the 367th Judicial District Court and provide direction to the city’s attorneys regarding same.

2. Consult with City’s attorneys regarding pending or potential litigation concerning or relating to code enforcement actions at 2043 Scripture Street, Denton, Texas, and legal matters and actions related thereto.

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.

Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:



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. National Day of Prayer Proclamation

2. Motorcycle Safety and Awareness Month

3. Drinking Water Week in Denton

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1). Dan Adams regarding Ordinance 2010-292.

2). Zorobabel Gomez, Jr. regarding Ordinance 2010-292.

3). Mike Sutton regarding Ordinance 2010-292.

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 - K). 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 - K 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 accepting competitive bids and awarding a public works contract for the construction of a Landscape Equipment Storage Building and Area at the Denton Municipal Airport; providing for the expenditure of funds therefor; and providing an effective date (Bid 4588-awarded to the lowest responsible bidder meeting specification, Caliber Construction, Inc., in the amount of $327,140).  The Airport Advisory Board recommends approval (4-0).

B. Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to a contract dated December 15, 2010 between the City of Denton and Michael Christopher Brown and David Wayne Gray DBA Gray Events Management, LLC for administration of events and programs at the Goldfield Tennis Center; and providing an effective date (RFP 4262-awarded to Gray Events Management, LLC in the amount of $142,000).

C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Suda Bhagwat from the Downtown Incentive Grant Program not to exceed $7,000; and providing for an effective date.  The Economic Development Partnership Board recommends approval (5-0.)

D. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Becky and Vince King from the Downtown Incentive Grant Program not to exceed $15,000; and providing for an effective date.  The Economic Development Partnership Board recommends approval (5-0).

E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Samuel Solomon from the Downtown Incentive Grant Program not to exceed $7,000; and providing for an effective date.  The Economic Development Partnership Board recommends approval (5-0).

F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Vibe Investments, LLC, from the Downtown Incentive Grant Program not to exceed $6,500; and providing for an effective date.  No recommendation by the Economic Development Partnership Board.

G. Consider a request for an exception to the Noise Ordinance for the level of decibels and the hours of operation for the purpose of a fundraiser with live music on Saturday, May 21, 2011.  The fundraiser will benefit the start-up of an independent publication.  The exception is requested for extension of the hours of operation for amplified sound from 10:00 p.m. to midnight and for the level of decibels to be increased from 70 decibels to 80 decibels.  Due to residential property located east of the event location, staff recommends allowing amplified sound until midnight with sound levels not to exceed 70 decibels.

H. Consider a request for an exception to the Noise Ordinance for the level of decibels for the purpose of live music during an art show on Friday, May 13, 2011, from 3:00 p.m. to 10:00 p.m. at 2324 Bolivar Street.  The event will provide an opportunity for local artists to show their art work and network with other artists. The exception is requested for an increase in the level of decibels from 70 decibels to 74 decibels. Staff recommends denial of the request. The applicant’s location is in the middle of a residential neighborhood.  Council has also consistently allowed only 70 decibels for the North Texas State Fair and Rodeo, which is located several blocks west of the applicant’s location.

I. 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 Nights events. The events are scheduled for the following Sundays: July 3, July 10, July 17, and July 24, 2011, from 5:00 p.m. until 10:00 p.m.  On July 31, 2011, the event would be from 5:00 p.m. to 11:00 p.m.  The request also includes Monday, July 4, 2011, a holiday, from 5:00 p.m. until 10:00 p.m.  The events will be held in Fred Moore Park.  There is no 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, as well as the 4th of July holiday.

J. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Right of Entry and Possession between the City of Denton, Texas and the Denton County Transportation Authority (DCTA) granting DCTA access to the Downtown Denton Transit Center (DDTC) and certain lands surrounding the DDTC located in the Hiram Sisco Survey, Abstract Number 1184, to conduct public transportation operations; and providing an effective date.

K. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a first one-year extension to the professional services agreement with Sawko & Burroughs, LLP, for professional services related to collection of delinquent taxes on behalf of the City of Denton; and establishing an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider nominations/appointments to the City’s Economic Development Partnership Board.

B. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Lake Lewisville Water Treatment Plant Upgrade Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4665-awarded to the lowest responsible bidder meeting specification, BAR Constructors, Inc. in the amount of $32,142,000).  The Public Utilities Board recommends approval (6-0).

C. Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with PMFG, Inc., a Delaware 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 PMFG, Inc. receiving the Tax Abatement; providing for a severability clause; and providing an effective date.  The Economic Development Partnership Board recommends approval (6-0).

6. PUBLIC HEARINGS

A. 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 Peerless Manufacturing Reinvestment Zone X 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.

B. Hold a public hearing inviting citizens to comment on the City of Denton’s 2011 Action Plan for Housing and Community Development.

7. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1). Nell Yeldell regarding water and soil contamination.

2). Bob Clifton regarding initiative/referendum.

3). Hatice Salih regarding the realities and repercussions of Ordinance No. 2010-292.

4). Eric Mach regarding Ordinance 2010-292 and corruption.

5). Cathy McMullen regarding gas well drilling ordinances.

6). Cameron Cox regarding appreciation to Council and staff for support of Children’s Advocacy Center for Denton County.

7). Robert Donnelly regarding the Mayhill Road expansion project.

8). Carolyn Phillips regarding lack of customer service and the petition.

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. 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 ___________________, 2011 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.