AGENDA
CITY OF DENTON CITY COUNCIL
March 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, March 1, 2011 at 03:00 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:

Backup materials are too large to post to this site.  Please contact the City Secretary’s Office at 940/349-8309.

WORK SESSION

1. Citizen Comments on Consent Agenda Items

2. Requests for clarification of agenda items listed on the agenda for March 1, 2011.

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.

3. Receive a report, hold a discussion, and give staff direction regarding the FY 2009-10 Comprehensive Annual Financial Report (CAFR) and annual audit.

4. Receive a report, hold a discussion and give staff direction regarding drafting a new Planned Development (PD) ordinance for inclusion within the Denton Development Code, with associated development standards.  The discussion will include a general overview of PD’s, a brief history of PD’s in Denton, effect of 2002 city-wide rezoning, and rescinding of previous PD districts. (DCA10-0007)

5. Receive a report, hold a discussion, and give staff direction regarding general terms and provisions of a Vulnerable Road User ordinance.

6. 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 Real Property - Under Texas Government Code §551.072; Consultation with Attorneys - Under Texas Government Code Sec. 551.071.

1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of permanent utility easement and temporary construction easement tracts the location of which being generally north and west of the Denton Municipal Airport 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.

2. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of a permanent easement tract for utilities, at the northeast corner of Loop 288 and Stuart Road, the location of which being S. McCracken Survey, Abstract Number 871, City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tract 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. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Sec. 551.071.

1. Receive a presentation and hold a discussion regarding a public power competitive and financial matter regarding offers from power suppliers and other entities for firm energy and services (RFP 4601- Request for Proposals for Firm Energy Supply and Service); and provide Staff with direction.

C. Consultation with Attorneys - Under Texas Government Code Sec. 551.071.

1. Receive a briefing from the City’s attorneys and provide them with direction pertaining to a vulnerable road users ordinance in the City of Denton where 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.

2. 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 or Texas.

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. Social Work Month

2. Presentation of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association

3. National Surveyor’s Week

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 - L). 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 - L 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 of Denton, Texas, amending the Fiscal Year 2010-11 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Materials Management Fund of three million nine hundred thousand dollars ($3,900,000) to provide for additional funding capacity for costs of goods sold in the Warehouse; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

B. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Water Treatment Chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4643-Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $850,000).  The Public Utilities Board recommends approval (6-0).

C. 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 partial replacement of the roof at City Hall East by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4671-Partial Replacement of the Roof at City Hall East awarded to Castro Roofing of Texas in the amount of $778,500).

D. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for Eagle Drive Drainage Improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 4623-awarded to the lowest responsible bidder meeting specification, Humphrey and Morton Construction Company, Inc., in the amount of $1,478,128.30). The Public Utilities Board recommends approval (5-0).

E. Consider approval of a resolution allowing Tejas Storytelling Association to be the sole participant allowed to distribute/not sell alcoholic beverages at the Texas Storytelling Festival on March 12, 2011, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.  The Parks, Recreation and Beautification Board recommends approval (7-0).  Staff recommends approval of the Texas Storytelling Festival request.

F. Consider adoption of an ordinance authorizing the City Manager to approve a second amendment to an Airport Lease Agreement approved by Resolution R87-054 dated September 15, 1987, between the City of Denton, Texas, and First Financial Resources, Inc. at Denton Municipal Airport which will extend the lease term an additional ninety (90) days; and providing an effective date.  The Airport Advisory Board recommends approval (4-0).

G. Consider approval of the minutes of: February 1, 2011 February 7, 2011 February 8, 2011

H. 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 1.989 acre utility easement, and a 3.306 acre temporary construction easement for the relocation and installation of municipal utilities relating to Denton Municipal Electric projects located generally north and west of the Denton Municipal Airport and  situated in the F.P. Johnson, C.R. Green, J.F. Myers, and H.F. Brummett Surveys, Abstract Number 1699, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date.

I. 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 0.041 acre utility easement for utilities at the north east corner of Loop 288 and Stuart Road, the location of which being S. McCracken Survey, Abstract Number 871, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date.

J. Consider adoption of an ordinance repealing Ordinance No. 2009-174 and Ordinance No. 2010-312 and amending Section 2-29 of the City of Denton Code of Ordinances relating to Rules of Procedure for the City Council of the City of Denton; and declaring an effective date.

K. Consider approval of a resolution allowing Metzler’s Food and Beverage to be the sole participant allowed to sell alcoholic beverages at the 35 Conferette March 10-March 13, 2011, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.  Staff recommends approval of Metzler’s Food and Beverage request.

L. Consider adoption of an ordinance approving a full property damage release of all claims by the City of Denton, Texas against Lindsay Palmer and Bobby Palmer, in settlement of a claim arising on or about May 1, 2009; authorizing the City Manager and City Attorney to take actions necessary to finalize settlement of this claim; and declaring an effective date.

4. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance directing the publication of Notice of Intention to issue $11,500,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date.  The Audit/Finance Committee recommends approval (3- 0).

B. Consider adoption of an ordinance directing the publication of Notice of Intention to issue $21,000,000 in principal amount of Certificates of Obligation of the City of Denton for Wastewater and Electric System projects; and providing for an effective date.  The Audit/Finance Committee recommends approval (3 - 0).

C. Consider a request for a variance to the Noise Ordinance by the North Texas Rail Group for the purpose of construction activities of the DCTA A-train passenger rail.  The exception is requested for construction work to begin at 9:00 a.m. instead of 1:00 p.m. on Sundays, from March 2 through June 30, 2011.

D. 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).  DUE TO MORE THAN 20% OPPOSITION FROM THE LAND AREA WITHIN 200 FEET OF THE REQUEST, A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.

E. 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.

F. 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.

G. Consider approval of a resolution establishing an Airport Manager Safety and Stakeholder Committee to advise and assist the Airport Manager regarding City of Denton Municipal Airport matters; and providing for an effective date.

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

1. Community Development Advisory Board

2. Human Services Advisory Committee

3. Public Art Committee

4. Traffic Safety Commission

5. Zoning Board of Adjustment

6. Designate a chairman for the Downtown Denton Tax Increment Financing Reinvestment Zone Board

A. Consider adoption of an ordinance directing the publication of Notice of Intention to issue $11,500,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date.  The Audit/Finance Committee recommends approval (3- 0).

5. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow a theater use in a Downtown Commercial General zoning district.  The approximately 1.27 acre site is located on the south side of East Hickory Street, approximately 200 feet west of the intersection of East Hickory Street and Bell Avenue.  (S10-0007, Black Box Theatre)  The Planning and Zoning Commission recommends approval (4-0).  (Cunningham)

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, concerning a Specific Use Permit for a new self-supporting lattice telecommunications tower on property located within an Employment Center Industrial (EC-I) zoning district classification and use designation.  The approximately 14.9 acre property is generally located east of Teasley Lane and south of the Denton County Transportation Authority railroad right-of-way and is more commonly known as lot 6A, Block B of the Shady Oaks Industrial Park Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  The Planning and Zoning Commission recommends approval of this request (6-1).  (S10-0010, DCTA A-Train North Communication Tower)

6. 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.