AGENDA
CITY OF DENTON CITY COUNCIL
February 1, 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, February 1, 2011 at 06:30 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 for 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 February 1, 2011.

3. Receive a report, hold a discussion, and give staff direction regarding the governance of the Airport as recommended in the Denton Airport 2010 Business Plan.

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 Certain Public Power Utilities: Competitive Matters --- Under Texas Government Code Sec. 551.086 and Consultation with Attorneys - Under Texas Government Code Sec. 551.071.

1. Receive a status report and further presentation from staff regarding public power competitive and financial matters regarding the possible construction and installation of a state-of-the-art combined heat and power (CHP) tri-generation station for the City to be located in the industrial district in the City of Denton, Texas; discuss deliberate, consider and provide staff with direction regarding same.  Further, receive a briefing from and a consultation with the City’s attorneys regarding legal issues concerning the possible construction and installation of a combined heat and power (CHP) tri-generation station for the City in the industrial district in the City of Denton, Texas; 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. Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Code Section 551.072.

1. Receive a report and hold a discussion with the City’s attorneys regarding legal issues associated with real property interests located in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas (the "Property") and actions of the City of Denton related to the value and sale of the Property. The duty of the City’s attorneys to the City of Denton 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 in this matter. Also hold a discussion to deliberate the purchase, exchange, lease or value of the Property. A discussion of these matters in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with the third party.

C. Consultation with 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 related to economic development incentives in which the duty of the attorney to the City of Denton 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 economic development incentives and the discussion shall include commercial information the City Council has received from the candidate 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 and to deliberate the offer of a financial or other incentive to such candidate.

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. Presentation by Carter Blood Care of Four Seasons Award.

2. Presentation of Empowering Excellence Award.

3. Denton Family Unity Week Proclamation.

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Stephanie Johnson regarding red light cameras in Denton.

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 - M). 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 - M 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 live music during House Concerts hosted by Cassandra Fuhrmann.  The House Concerts will be located at 616 Woodland Street, beginning at 5:00 p.m. and concluding at 8:00 p.m., on the following Sundays:  March 27, April 17, May 22, August 28, September 25, and October 23, 2011.  This request is for an increase in decibels from 65 to 69 and for amplified sound on Sundays.  Staff recommends approving the noise exception request.

B. Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to the Economic Development Partnership Board ("The Board") to add to the membership of the Board and to expand the duties of the Board to include branding and marketing for the Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to further include duties related to Airport economic development incentives; repealing all conflicting ordinances and portions thereof; and providing an effective date.

C. Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport Matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date.

D. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for Front Load Refuse Containers and Replacement Lids for the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4598-Annual Contract for Front Load Refuse Containers awarded to the lowest responsible bidder meeting specification, Roll-Offs USA, Inc., in the annual estimated amount of $140,000).  The Public Utilities Board recommends approval (5-0).

E. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with the City of Fort Worth and awarding a contract for the Commercial Credit Card Services; repealing Ordinance 2003-247; authorizing the City Manager or his designee to make expenditures as set forth in the Participation Agreement; and providing an effective date (File 4649-Interlocal Agreement for Commercial Credit Card Services with the City of Fort Worth, contract awarded to JPMorgan Chase Bank, N.A.).

F. 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 for the acquisition of thirteen (13) vehicles for the City of Denton General Fund Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4650-Interlocal Agreement for the purchase of General Fund Vehicles awarded to Caldwell Chevrolet in the amount of $248,230 and Philpott Ford in the amount of $111,752 for a total award of $359,982).

G. Consider adoption of an ordinance of the City of Denton, Texas approving an agreement between the City of Denton and the North Texas Umpire Association; determining a sole source and approving the expenditure of funds for the purchase of Certified Softball Officiating Services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 4641-Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $68,500).

H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for continued vendor support of the Open Systems International, Inc., Monarch SCADA (Supervisory Control and Data Acquisition) System from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids;  providing for the expenditure of funds therefor; and providing an effective date (File 4645-Purchase of Annual Maintenance Services for Monarch Software Package awarded to Open Systems International, Inc. in the amount of $96,760).  The Public Utilities Board recommends approval (5-0).

I. Consider adoption of an ordinance approving the expenditure of funds for the refurbishment of a Quint Aerial Fire Truck for the City of Denton Fire Department available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids;  providing for the expenditure of funds therefore; and providing an effective date (File 4652-Purchase of Services and Materials for Refurbishment of Aerial Fire Truck awarded to E-One in the amount of $352,330).

J. Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No. 2005-112, and thereby revoking an alternative development plan previously approved therein, for approximately 3.2 acres of land generally located at the southwest corner of Windriver Lane and I-35E, in the City of Denton, Denton County, Texas; and providing for an effective date.  (ADP04-0009, Unicorn Lake)

K. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Burns & McDonnell for environmental permitting services and studies incident to the development of the 10 MW CHP facility in Denton, Texas; providing for the expenditure of funds therefor; and providing an effective date (in an amount not to exceed $146,806; and in the aggregate amount of not-to exceed $188,681).  The Public Utilities Board recommends approval (5-0).

L. Consider approval of a resolution of the City Council of the City of Denton, Texas, suspending the effective date for ninety days in connection with the rate increase filing of Oncor Electric Delivery Company LLC on January 7, 2011; finding that the meeting complies with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date.

M. Consider approval of the minutes of: December 7, 2010 December 14, 2010 January 4, 2011 January 11, 2011

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. 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 12 (NRMU-12) zoning district classification and use designation, with an overlay district, on 6.836 acres of land located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z10-0007, 1411 E. University Drive) The Planning and Zoning Commission recommends approval with an overlay district (3-2).

B. Consider nominations/appointments to the following boards and commissions:

1. Community Development Advisory Board

2. Health and Building Standards Commission

3. Historic Landmark Commission

4. Human Services Advisory Committee

5. Public Art Committee

6. Traffic Safety Commission

7. Zoning Board of Adjustment

8. Downtown Denton Tax Increment Financing Reinvestment Zone Board

6. PUBLIC HEARINGS

A. Hold the first of two public hearings to consider the involuntary annexation of approximately 1,595 acres of land located within the City of Denton’s Extraterritorial (ETJ) Jurisdiction, Division 1, in accordance with Texas Local Government Code.  The proposed annexation consists of three (3) distinct areas under multiple ownerships and are identified and generally located as follows:

1. DH-7:  143 acres, located east and north of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive;

2. DH-9:  298 acres, located north of Pockrus Page Road, north, south and northeast of Edwards Road; and

3. DH-12:  1,154 acres, located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road.

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 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, on approximately 0.26 acres of land located on the east side of Bonnie Brae Street and approximately 200 feet south of Emery Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z10-0012, Janke Addition)  The Planning and Zoning Commission recommends approval (4-0).

C. Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Quakertown Park for the purpose of a sewer line easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a sewer easement; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0).

7. 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.