AGENDA
CITY OF DENTON CITY COUNCIL
December 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, December 6, 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 December 6, 2011.

3. Receive a report, hold a discussion and give staff direction regarding the various forms of communications, including Social Media, used by the City to reach the public, council and staff.

4. Receive a report, hold a discussion and give staff direction regarding revisions to the Downtown Incentive Reimbursement Grant Program.  The Downtown Task Force recommends approval (14-0).  The Economic Development Partnership Board recommends approval (8-0).

5. Receive a report, hold a discussion and give staff direction regarding a resolution adopting a policy to establish guidelines and procedures for requests for City sponsorship of special events and programs.

6. Receive a report, hold a discussion, and give staff direction regarding the status of a section of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project from the Kings Row Substation to the Denton North Interchange.

7. Receive a report, hold a discussion, and give staff direction regarding the 1420 Committee and the IH35E construction project.

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, Section 551.072; and Consultation with Attorney - Under Texas Government Code, Section 551.071.

1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential lease for the exploration and production of minerals of certain real property located in Denton, Texas, namely (i) South Lakes Park, located approximately at 501 Hobson; and (ii) Denia Park, located approximately at 1001 Parvin.  Consultation with the City’s attorneys regarding legal issues associated with such potential lease of the above-described real property for mineral exploration and production, 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 potential litigation. (Vorel)

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

1. Receive a briefing from, consult with and provide direction to the City’s attorneys regarding the processes associated with real property acquisitions utilizing the power of eminent domain, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas and the City Council of the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

2. Consult with City’s attorneys regarding legal issues associated with the timing, process, terms, consequences and strategies, relating to certain nonannexation agreements to be offered to owners of properties with agricultural exemptions, located within areas in the City’s ETJ previously designated and proposed for annexation in the City’s Annexation Plan as areas DH-7, DH-9 and DH-12.

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. Police Appreciation Day Proclamation

2. Presentation of the Achievement of Excellence in Procurement Award for the City of Denton

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 - O). 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 - O 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 adopting Ethical and Training Standards for Juvenile Case Managers employed by the City of Denton; providing for implementation of said standards; and providing for the periodic review to ensure implementation of the requisite standards, and providing an effective date.

B. Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date.

C. Consider and confirm the appointment by the City Manager of a new member to the Civil Service Commission.

D. Consider adoption of an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in North Lakes Park, excluding North Lakes Recreation Center and the North Lakes Annex building therein; providing a severability clause, a penalty clause and an effective date.  The Parks, Recreation and Beautification Board recommends approval (7-0).

E. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of 3M Radio Frequency Identification System (RFID) to be utilized in the check-in and return of items to the City of Denton libraries. The requested materials are from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code and City of Denton Purchasing Policy Chapter 2, Section III. Such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4870-Radio Frequency Identification System for City of Denton Libraries awarded to 3M Library Systems in the amount of $243,723).

F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a contract with Animal Hospital on Teasley Lane to perform veterinary services for the City of Denton Animal Services Division; providing for the expenditure of funds therefor; and providing an effective date (RFP 4726-Animal Services for the City of Denton awarded to Animal Hospital on Teasley Lane in the estimated annual amount of $150,000).

G. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L180G Wheel Loader for the City of Denton Beneficial Reuse Department as awarded by the State of Texas (Contract TXMAS-7-23V010); providing for the expenditure of funds therefor; and providing an effective date (File 4854-Wheel Loader for Beneficial Reuse Department awarded to ROMCO Equipment Co. in the amount of $300,222.38). The Public Utilities Board recommends approval (7-0).

H. Consider approval of a resolution formally accepting the donation of an Airport Rescue and Fire Fighting vehicle; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

I. Consider adoption of an ordinance authorizing the City Manager, or his designee, as Denton’s authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for preparation of a Master Plan for Airport Development at the Denton Municipal Airport; confirming agreement to pay a portion of the total project cost; (Estimated City of Denton contribution is approximately $37,500) and providing an effective date.  The Council Airport Committee recommends approval (3-0).

J. Consider adoption of an ordinance approving and authorizing the concession to Fair 2000, Inc. to sell alcoholic beverages at designated locations during the 2012 Denton Air Fair, Inc. Air show events, upon certain conditions; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

K. Consider adoption of an ordinance authorizing the City Manager to approve a collateral Transfer of Lease Agreement between the City of Denton and Nebrig Properties, LP to PointBank; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

L. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; (Estimated City of Denton contribution is $50,000) and declaring an effective date (TXDOT Project No.: AM 2012DNTON and TXDOT CSJ No.: M218DNTON).  The Airport Advisory Board recommends approval (7-0).

M. Consider approval of the minutes of:       November 1, 2011       November 7, 2011       November 15. 2011

N. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a representative to the IH35E Project Stakeholder Committee (SB 1420); affirmation of financial commitment of the City of Denton, Texas to the IH35E Project in the amount of $250,000; and providing an effective date.

O. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving interim signage for the "Share the Road" program envisioned by the Vulnerable Road User Ordinance; and providing for an effective date.  The Traffic Safety Commission recommends approval (7-0).  The Mobility Committee recommends approval (3-0).

4. ITEMS FOR INDIVIDUAL CONSIDERATION

A. 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 Economic Development Program Grant Agreement with Labinal, Inc., setting forth the various conditions precedent to Labinal, Inc. receiving the program grant; providing for a severability clause; and providing an effective date.

B. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a member to the Board of Directors of the Denton County Transportation Authority; appointing a First Alternate to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date.

5. PUBLIC HEARINGS

A. Hold a public hearing and consider an ordinance of the City of Denton, Texas, providing for an initial zoning district classification and use designation of Rural Commercial (RC), with an overlay district, on approximately 37 acres of land located within the Milam Creek Ranch Subdivision, east of I-35, on the south side of Milam Road and on the east and west sides of Milam Ridge Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z11-0007, Milam Creek Ranch).  The Planning and Zoning Commission recommends approval (7-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres.  The subject property is generally located south of McKinney Street, approximately 900 feet west of Trinity Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (S11-0002, Lake Dallas Storage)  The Planning and Zoning Commission recommends approval (3-2).

5. PUBLIC HEARINGS

A. Hold a public hearing and consider an ordinance of the City of Denton, Texas, providing for an initial zoning district classification and use designation of Rural Commercial (RC), with an overlay district, on approximately 37 acres of land located within the Milam Creek Ranch Subdivision, east of I-35, on the south side of Milam Road and on the east and west sides of Milam Ridge Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z11-0007, Milam Creek Ranch).  The Planning and Zoning Commission recommends approval (7-0).

A. Hold a public hearing and consider an ordinance of the City of Denton, Texas, providing for an initial zoning district classification and use designation of Rural Commercial (RC), with an overlay district, on approximately 37 acres of land located within the Milam Creek Ranch Subdivision, east of I-35, on the south side of Milam Road and on the east and west sides of Milam Ridge Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z11-0007, Milam Creek Ranch).  The Planning and Zoning Commission recommends approval (7-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres.  The subject property is generally located south of McKinney Street, approximately 900 feet west of Trinity Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (S11-0002, Lake Dallas Storage)  The Planning and Zoning Commission recommends approval (3-2).

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.