AGENDA
CITY OF DENTON CITY COUNCIL
August 16, 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, August 16, 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:

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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 August 16, 2011.

3. Receive a report, hold a discussion and give staff direction on the 2011-12 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.

4. Receive a report, hold a discussion and give staff direction regarding an Interlocal Agreement between the City of Denton and Denton County Transportation Authority (DCTA) for maintenance and repair of DCTA’s fleet of vehicles.

5. Receive a report, hold a discussion, and give staff direction regarding the Solid Waste and Recycling Services overview of the department strategic plan with additional detail the amendment of the facility permit to accommodate expanding services.

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 Section 551.086.

1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters.

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

1. 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.

2. Consultation, discussion, deliberation, and receipt of information from the City’s attorneys regarding potential 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.

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.

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:

6. Receive a report, hold a discussion, and give staff direction on the execution of a contract for Professional Services for Wallace Roberts and Todd to serve as the consultant on the update to the City of Denton Comprehensive Plan.



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 of 2011 National City Water Taste Test Competition Award

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Caleb O’Rear regarding Smoke Free 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 - 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 of Denton approving a modification to the stipulation made a part of the settlement agreement between the Alliance of Oncor Cities ("AOC") and Oncor Electric Delivery Company LLC ("Oncor" or "Company") regarding the Company’s statement of intent to change electric rates in all cities exercising original jurisdiction; determining that this resolution was passed in accordance with the requirements of the Texas Open Meeting Act; repealing any prior resolutions inconsistent with this resolution; requiring delivery of this resolution to the Company and Legal Counsel; and declaring an effective date.

B. Consider approval of a resolution of the City Council of the City of Denton, Texas, ("City") approving a settlement between Atmos Energy Corp’s Mid-Tex Division and Atmos Texas Municipalities ("ATM") resulting in no change in base rates and approving tariffs which reflect costs related to the Steel Pipe Replacement Program; finding the rates set by the attached tariffs to be just and reasonable; requiring delivery of the resolution to the company and legal counsel; determining that the meeting at which this resolution was approved complied with the Open Meetings Act; making other findings and provisions related to the subject; and declaring an effective date.

C. Consider approval of a resolution allowing the Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival on September 17 - 18, 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 (5-0).

D. Consider a request for an exception to the Noise Ordinance for the purpose of the 13th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 17, 2011, from 1:00 p.m. to 10:30 p.m. and Sunday, September 18, 2011, from 1:00 p.m. to 8:30 p.m.  The exception is specifically requested to increase hours of operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. and for amplified sound on Sunday.  The amplified sound will not go above the allowable 70 decibels for an outdoor concert.

E. Consider approval of a resolution voting for a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date.

F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Ed Canada, owner of 207 N. Elm Street, from the Downtown Incentive Grant Program not to exceed $10,000; and providing for an effective date.  The Economic Development Partnership Board recommends approval (6-0).

G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving Bylaws for Tax Increment Reinvestment Zone Number 1 (Downtown TIF).  The TIF Board recommends approval (7-0).

H. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving the Project Plan for Tax Increment Reinvestment Zone Number 1 (Downtown TIF).  The TIF Board recommends approval (7-0).

I. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving the Finance and Feasibility Plan for Tax Increment Reinvestment Zone Number 1 (Downtown TIF).  The TIF Board recommends approval (7-0).

J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and CareHere, LLC; approving the expenditure of funds; and providing for an effective date.

K. Consider adoption of an ordinance of the City of Denton approving a Lease Agreement between the City of Denton and Columbia Medical Center of Denton Subsidiary, L.P. d/b/a Denton Regional Medical Center for the City of Denton’s Health Center in the Denton Regional Medical Center Professional Building; authorizing the expenditure of funds therefor; and providing an effective date.

L. Consider adoption of an ordinance of the City of Denton, Texas amending certain provisions of Chapter 17 of the Denton Code of Ordinances, the Denton Property Maintenance Code, including Sections 17-2, 17-35, 17-40, 17-60, 17-153 and 17-154; providing a severability clause; and providing an effective date.

M. Consider adoption of an ordinance establishing an economic development program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an agreement with GTM Development, Ltd., regarding the purchase of Golden Triangle Mall and renovation and improvement of an approximate 73.2 acre parcel of land commonly known as Golden Triangle Mall generally located at the northwest corner of I-35 E. West and East Loop 288 in Denton, Texas; authorizing the expenditure of funds therefore; and providing an effective date.

N. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute for and on behalf of the City of Denton, Texas (the "City") an Easement Encroachment Agreement (the "Agreement"), by and between the City and the University of North Texas ("UNT"), regarding the encroachment by UNT upon a Drainage Basin Easement owned by the City, encumbering an approximate 5.297 acre tract of land, more or less, located in the E. Pulchalski Survey, Abstract Number 996 and the A.N.B. Tompkins Survey, Abstract No. 11246, generally located at 1251 South Bonnie Brae Street, City of Denton, Denton County, Texas; providing for termination of ordinance and agreement upon failure of UNT to approve and execute the agreement, and providing an effective date.  The Public Utilities Board recommends approval (5-0).

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance adopting a Service Plan for an area of land to be annexed to the City of Denton, Texas, pursuant to an annexation plan, generally identified as DH-7  consisting of approximately 143 acres located on the east and north sides of Teasley Lane, south of Teasley Harbor subdivision and west of Southlake Drive, and more specifically identified and depicted in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas; providing a savings clause; and providing an effective date.

B. Consider adoption of an ordinance adopting a Service Plan for an area of land to be annexed to the City of Denton, Texas, pursuant to an annexation plan, generally identified as DH-9  consisting of approximately 298 acres located north of Pockrus Page Road, and north, south and northeast of Edwards Road, and more specifically identified and depicted in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas; providing a savings clause; and providing an effective date.

C. Consider adoption of an ordinance adopting a Service Plan for an area of land to be annexed to the City of Denton, Texas, pursuant to an annexation plan, generally identified as DH-12  consisting of approximately 1,167 acres located south of east University Drive, east of north Mayhill Road, north and south of Blagg Road, north and south of Mills Road and east and west of south Trinity Road, and more specifically identified and depicted in Exhibit "A" attached hereto, which area is adjacent to and abuts the existing city limits of the City of Denton, Texas; providing a savings clause; and providing an effective date.

D. Consider nominations/appointments to the City’s boards and commissions.

1. Animal Shelter Advisory Committee

2. Community Development Advisory Committee

3. Health & Building Standards Commission

4. Historic Landmark Commission

5. Public Art Committee

6. Zoning Board of Adjustment

E. Consider adoption of an ordinance establishing a resident only parking program in a portion of the Denia Neighborhood to address hazardous conditions caused by adjacent uses and to protect the residents of this neighborhood from harmful conditions and promote the health, safety and welfare of the residents of this neighborhood; and establishing an effective date.

6. PUBLIC HEARINGS

A. Hold a public hearing to receive comments from the public regarding proposed redistricting Illustrative Plans concerning proposed new boundaries for City of Denton councilmember districts and provide staff direction regarding such plans.

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.