AGENDA
CITY OF DENTON CITY COUNCIL
September 6, 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, September 6, 2011 at 03:30 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:

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 September 6, 2011.

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

4.	Receive a report, hold a discussion and give staff direction regarding the Aesthetic Study that the Texas Department of Transportation (TxDOT) is preparing for the IH-35 expansion project. Note: The Aesthetic Study from TxDOT is too large to post. Please contact the City Secretary’s Office to view.

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5.	Receive a report, hold a discussion and give staff direction regarding a proposed ordinance which establishes child safety zones within the City of Denton in which certain registered sex offenders may not legally reside.

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.

2. 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, and associated structures including a proposed natural gas pipeline, 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.

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

1. Receive a status report regarding the litigation entitled: The University of North Texas, Appellant v. The City of Denton, Texas, Appellee, Cause No. 02-09-00395-CV, now pending before the Fort Worth Court of Appeals; 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.

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

1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary construction easement tracts for the Mayhill Road Widening and Improvements project, affecting real property tracts in the D. Hough Survey, Abstract No. 646, the M.E.P. & P.R.R. Surveys, Abstract Nos. 927and 950, the D. Lambert Survey, Abstract No. 784, the G. Walker Survey, Abstract 1330, and the J. Brandon Survey, Abstract No. 1515, in the City and County of Denton, 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 and the City of Denton, Texas 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.

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.	POSTING OF COLORS

The Fire Department Honor Guard posting of colors in remembrance of the 10th anniversary of the 911 attacks.

2.	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."

3.	PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

1. Constitution Week

2. Friday is UNT Pride Day 2011

3. Leukemia, Lymphoma & Myeloma Awareness Month

4. National Moment of Remembrance of the 10th Anniversary of September 11th

4.	CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Rebecca Smith-Murdock regarding a Denton Smoke-Free city ordinance.

2. Hannah Murdock regarding a comprehensive smoke-free ordinance for Denton.

3. Bob Clifton regarding the proposed budget.

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 - C). 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 - C 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 authorizing the City Manager to enter into a development agreement between the City of Denton and ULE, L.L.C. for the dedication of park land and construction of trails at a neighborhood park at the Unicorn Lake Estates Subdivision; authorizing acceptance of land and improvements; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0).

B. Consider approval of the minutes of: July 12, 2011 July 19, 2011

C. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with CP&Y, Inc. of Dallas, Texas for engineering services and consulting services associated with Tasks 2 through 4 of the City of Denton’s Municipal Solid Waste (MSW) Facility Permit# 1590A, and providing an effective date (File 4683 - in an amount not to exceed $865,880.00.) The Public Utilities Board recommends approval (5-0).

6.	ITEMS FOR INDIVIDUAL CONSIDERATION

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

1. Animal Shelter Advisory Committee

2. Health & Building Standards Commission

3. Historic Landmark Commission

4. Public Art Committee

5. Traffic Safety Commission

6. Zoning Board of Adjustment

7.	PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton Texas, providing for a zoning change from Downtown Residential 1 (DR-1) zoning district classification and use designation to Downtown Commercial General (DC-G) zoning district classification and use designation, on 2.5 acres, legally described as Lots 2-9, Block B, Paul Hamilton Addition, in the City of Denton, Denton County, Texas; providing for penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z11-0006) The Planning and Zoning Commission recommends approval (7-0.) DUE TO THE OPPOSITION OF MORE THAN 20% OF THE LAND AREA WITHIN 200 FEET OF THE SUBJECT PROPERTY, A SUPER MAJORITY VOTE OF THE CITY COUNCIL WILL BE REQUIRED TO APPROVE THIS REQUEST.

B. Hold a public hearing and receive citizen input on the FY 2011-12 Proposed Budget.

8.	CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Hatice Salih regarding the proposed budget.

2. Melissa Rodriguez concerning a smoke free Denton.

9.	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.