AGENDA
CITY OF DENTON CITY COUNCIL
July 19, 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, July 19, 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:

WORK SESSION

Click here for Agenda with Backup

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 July 19, 2011.

3. Receive a report, hold a discussion, and give staff direction regarding the implementation of a Wayfinding Signage Network.

4. Receive a briefing and hold a discussion regarding the Assessment of Existing Conditions and Findings of the Bonnie Brae-Ector Street Small Area Plan and provide timeline for completion.  The Bonnie Brae-Ector Street Small Area Plan is approximately 271.2 acres, and is bounded to the north by Emery Street, to the south by West Oak Street, to the east by Jagoe and Ector Streets, and to the west by Bonnie Brae Street.

5. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to: (1) Section 35.22.4.G. of the Denton Development Code regarding a new provision grandfathering previously approved Planned Developments and Master Planned Communities from the standards and procedures enacted by Ord. No. 2010-181, as further amended by Ord. No. 2010-196; and (2) add new section 35.22.7.G. to the Denton Development Code regarding required disclosures to certain persons within specified distances of proposed gas well drilling and production activities.

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 Attorneys - Under Texas Government Code Section 551.071.

1. Consult with City’s attorneys regarding status of litigation styled Paper v. City of Denton, Cause No. 02-10-00239-CV, currently pending in the Court of Appeals, Second District of Texas.

B. Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Code Section 551.072.

1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would 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, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation.

C. 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 a property owner for the purpose of redeveloping a major retail facility in the City of Denton, located at Loop 288 and I-35E.  This discussion shall include commercial and financial information the City Council has received from the property owner which the City Council seeks to have the property redeveloped 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.

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

1. Consult with and provide direction to the City’s attorneys regarding the claim and threat of litigation received from the Carolina Transformer Contribution Action Plaintiffs coalition, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council and to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

2. Consult with, and provide direction to, City’s attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, specifically including, but not limited to, the following general categories, as they may relate to such regulations:

a. Legal issues and strategies associated with proposed and potential modifications to existing local regulations, as they relate to existing, proposed and potential gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, as well as limitations imposed upon the City’s regulatory authority, with regard to such issues and strategies; and

b. Legal issues and strategies associated with possible preemption of local regulatory standards relating to gas well drilling and exploration with the Denton city limits and extraterritorial jurisdiction, by existing, proposed and potential Federal and State legislation, and administrative regulations.

3. Consult with, and provide direction to, City’s attorneys on legal rights, restrictions, obligations, and issues associated with the proposed annexation of DH-7, DH-9, and DH-12, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation.

4. Consult with, and provide direction to, City’s attorneys on legal rights, restrictions, obligations, and issues associated with the proposed annexation of an area along FM 2164 and west of Little Joe Road in the City of Denton’s northern extraterritorial jurisdiction, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation.

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. 2011 City Livability Outstanding Achievement Award, for Sustainable Energy Programs.

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. LaDonna Womochel regarding approving the plat for the Robson Ranch development.

2. Steve Shepard regarding approving the plat for the Robson Ranch development.

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 - H). 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 - H 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 awarding a contract to INX, Inc. for the lease purchase of Hardware, Software, and Professional Services to establish a Disaster Recovery Data Center for the City of Denton as awarded by the State of Texas Department of Information Resources (DIR-SDD-621/DIR-SDD-1418/DIR-SDD-1386); providing for the expenditure of funds therefor; and providing an effective date (File 4759 - Lease Purchase of Hardware, Software and Professional Services for Disaster Recovery Data Center from INX, Inc. in the amount of $696,185.54, with total finance payments of $711,546.01).

B. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with SGS Engineering, LLC, to continue Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric, and providing an effective date (PSA 4755 - Professional Services Agreement for Engineering and Consulting Services for Capital Improvement Projects for Denton Municipal Electric awarded to SGS Engineering, LLC, in an amount not to exceed of $1,260,000). The Public Utilities Board recommends approval (5-0).

C. Consider adoption of an ordinance accepting proposals and awarding a three year contract for the Installation of Underground Electric Service for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4676 - Underground Service Installation awarded to Willbros T & D Services, LLC in the estimated three year amount of $2,909,012). The Public Utilities Board recommends approval (5-0).

D. Consider adoption of an ordinance accepting proposals and awarding a three year contract for ready mix concrete for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFP 4732 - Ready Mix Concrete for the City of Denton awarded to Redi-Mix Concrete in the estimated three year amount of $450,000).

E. Consider adoption of an ordinance awarding a contract for the lease of eighteen Mobile Data Computers (MDCs) for the City of Denton Fire Department as awarded by the State of Texas Department of Information Resources (DIR) through the Go Direct Program, contract number DIR-SDD-531; providing for the expenditure of funds therefor; and providing an effective date (File 4741 - Lease Eighteen Toughbook Mobile Data Computers awarded to Panasonic Finance Solutions in six semi-annual payments of $17,275 for a total amount of $103,650).

F. Consider adoption of an ordinance of the City of Denton, Texas, amending the provisions of Chapter 18 relating to motor vehicles and traffic by re-numbering Section 18-95 "Stop Intersections" to Section 18-3.1; by adding Section 18-91.50 to prohibit stopping, standing, or parking of vehicles in certain places; by adding Section 18-91.51 establishing additional parking regulations; by amending Section 18-143 to change the minimum fines established for certain parking offenses; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date.

G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee, to enter into an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton; providing a savings clause and providing an effective date.

H. Consider appointments to the City’s Boards & Commissions.

1. Airport Advisory Board

2. Animal Shelter Advisory Committee

3. Community Development Advisory Committee

4. Health & Building Standards Commission

5. Historic Landmark Commission

6. Human Services Advisory Committee

7. Library Board

8. Parks, Recreation and Beautification Board

9. Planning and Zoning Commission

10. Public Art Committee

11. Public Utilities Board

12. Traffic Safety Commission

13. Zoning Board of Adjustment

14. Economic Development Partnership Board

5. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton, Texas, ordaining the City’s participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act), providing State tax incentives, designating a liaison for communication with interested parties, and nominating Target Corporation to the office of the Governor, Economic Development & Tourism (EDT) through the Economic Development Bank (Bank) as an Enterprise Project (Project); establishing the boundaries of said zone, and providing an effective date.

B. Hold a public hearing and consider adoption of an ordinance regarding a rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 4 (NR-4) zoning district on approximately 30.442 acres.  The property is located north and west of Clubhouse Drive, south of Loon Lake Road and east of Ranch House Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.  (Z11-0003, Unicorn Lake Estates)  The Planning and Zoning Commission recommends approval with a restrictive overlay (5-1).

C. Hold a public hearing and consider adoption of an ordinance providing for an amendment to the City of Denton Mobility Plan.  The subject property is located on the west side of Teasley Lane (F.M. 2181), north of Ryan Road); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.  (CA11-0003, Teasley Trails)  The Mobility Committee recommends approval.  The Planning and Zoning Commission recommends approval (5-1).

D. Hold a public hearing and consider adoption of an ordinance regarding a 1,805.78+-acre Detailed Plan to amend two (2) previously approved detailed plans.  The subject detailed plan will allow: (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the relocation of a previously approved gas well park (Gas Park 13) approximately 307 feet north from its previously approved location, and (5), the elimination of a previously approved gas park (Gas Park 9).  The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC10-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.  (Z08-0021, Robson Ranch Planned Development, PD-173)  The Planning and Zoning Commission recommends approval subject to conditions (4-1).

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.