AGENDA
CITY OF DENTON CITY COUNCIL
January 10, 2012


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, January 10, 2012 at 02:30 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:

Click here for Agenda with Backup

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 January 10, 2012.

3. Receive a report, hold a discussion, and give staff direction regarding Naming Policy Guidelines for City Buildings, Facilities, and Land.

4. Receive a report, hold a discussion, and give staff direction regarding amendments to the City of Denton smoking ordinance (86-069 as amended by 93-193).

5. Receive a report, hold a discussion, and provide staff direction concerning the current drought conditions and recommended revisions to Denton’s Water Conservation and Drought Contingency Plan.

6. Receive a report, hold a discussion and give staff direction regarding the preferred alignment of the portion of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project running from the King’s Row Substation to the Denton North Interchange.

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; 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 purchase of a tract of land, located in the N.H. Meisenheimer Survey, Abstract Number 810, Denton, County, Texas, and located generally south of Riney Road, and north of the City of Denton North Lakes Park. 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 potential litigation.

2. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 6.205 acre tract and a 142 acre tract, more or less, located in the David Davis Survey, Abstract Number 356, Denton, County, Texas, and located generally along the west side of Tom Cole Road, directly across Tom Cole Road from the Denton Municipal Airport.  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 potential litigation.

3. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 33 acre tract, more or less, located in the J. McDonald Survey, Abstract Number 873, Denton, County, Texas, and located generally west of the southwest end of the Denton Municipal Airport.  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 potential litigation.

B. Consultation with 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 the leasing of land and financing of a City facility on University of North Texas property located at I-35 and North Texas Boulevard.  The discussion shall include financial information the City Council will review, including the offer of financial or other incentives.

C. Consultation with Attorney - Under Texas Government Section 551.071.

1. Receive a briefing from and consult with the city’s attorneys regarding Item 5.A. on the agenda of January 10, 2012 regarding 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 located generally south of McKinney Street, approximately 900 feet west of Trinity Road.

2. Receive a briefing from and consult with the city’s attorneys regarding Item 6.B. on the Regular Meeting Agenda of January 10, 2012, regarding a Specific Use Permit (SUP) for an existing gas well drilling and production facility on property located within a Neighborhood Residential Mixed Use (NRMU) zoning and use district on approximately 2.64 acres generally located south of Airport Road, east of Interstate 35 West, and west of South Bonnie Brae Street.

D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; 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 of a tract of land, located at 910 Aeronca, Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential lease 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, Texas 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.

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. National Blood Donor Month

B. Presentation by Rotary Youth Exchange Student, Javier Vereda Gorge, from Melilla Spain, to the Mayor of a letter and a flag from the Mayor of his town in Spain.

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Timothy Trawick regarding the recent increase in parking fines and the enforcement policy.

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 - M). 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 - M 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 Council of the City of Denton, Texas, amending the Downtown Incentive Reimbursement Grant Program, and establishing an effective date.  The Downtown Task Force recommends approval (14-0).  The Economic Development Partnership Board recommends approval (8-0).

B. Consider adoption of an ordinance of the City of Denton authorizing an Agreement between the City of Denton, Texas and the Children’s Advocacy Center for Denton County, Incorporated in the amount of $121,648; providing aid to the City of Denton Police Department in the investigation of child abuse cases; providing client and clinical services to victims of child abuse and non-offending family members; providing for the expenditure of funds therefor; and providing for an effective date.

C. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $445,000 to allow for the design and construction oversight of the Linda McNatt Animal Care and Adoption Facility, and providing an effective date.

D. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Connolly Architects and Consultants for Design Services and Construction Oversight for the Linda McNatt Animal Care and Adoption Facility; and providing for an effective date (File 4817-Design Services and Construction Oversight for the Linda McNatt Animal Care and Adoption Facility awarded to Connolly Architects and Consultants in the amount of $440,532).

E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute contracts through the Buy Board Cooperative Purchasing Network and Texas Association of School Boards (TASB) for the acquisition of fourteen vehicles for the City of Denton Police Department and one tractor for Denton Municipal Airport; and providing an effective date (File 4866-Purchase of Vehicles and Equipment for Police and Airport Departments awarded to Caldwell Country Chevrolet in the amount of $326,104 and Ag-Power, Inc. in the amount of $55,309.08 for a total award of $381,413.08).

F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of an excavator for the City of Denton Solid Waste Construction and Demolition Division; and providing an effective date (File 4878-Purchase of Excavator for Solid Waste Construction and Demolition Division awarded to Darr Equipment Company in the amount of $108,659).  The Public Utilities Board recommends approval (5-0).

G. Consider adoption of an ordinance accepting proposals and awarding a public works contract for the construction of the Bonnie Brae Substation for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4861-awarded to Can-Fer Utility Services, LLC. in the estimated amount of $634,739).  The Public Utilities Board recommends approval (5-0).

H. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of the electric transmission conductors for the City of Denton, Texas, Denton Municipal Electric; providing for the expenditure of funds therefor; providing for the retroactive ratification of the purchase in the amount of $335,129.60 as permitted in the provisions of the Ordinance No. 2009-189, the ordinance providing for procurement procedures for purchases by Denton Municipal Electric for electric production, transmission, distribution, and station systems in accordance with Texas Local Government Code Section 252.022(c); providing an effective date (Bid No. 4880-Annual Contract for the Purchase of Electric transmission conductors awarded to Stuart C. Irby in the net pricing as shown in Exhibit A of the ordinance).

I. Consider adoption of an ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

J. Consider adoption of an ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

K. Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

L. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and First Financial Resources, Inc. for the property located at 910 Aeronca at the Denton Municipal Airport; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

M. Consider adoption of an ordinance rejecting any and all competitive proposals for a public works contract for the construction of the Bonnie Brae Substation Masonry Fence for the City of Denton (Bid Number 4811), or take other appropriate action with regard to such proposals; and providing an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. 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)  The Planning and Zoning Commission recommends approval (3-2).

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to Ordinance 2006-348, an environmentally sensitive area alternative development plan for approximately 71.01 acres of land located on the south side of I-35 East, south of Wind River Boulevard and west of Unicorn Lake Boulevard, within a Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district with an overlay district, a Neighborhood Residential 4 (NR-4) zoning district, and a Regional Center Commercial Downtown (RCC-D) zoning district, and legally described as within the M.E.P. & P.R.R. Survey, Abstract No. 950 and the B. Lewis Survey, Abstract No. 769 in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (ADP11-0009)  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, approving a Specific Use Permit (SUP) for an existing gas well drilling and production facility on a property located within a Neighborhood Residential Mixed Use (NRMU) zoning and use district on approximately 2.64 acres.  The subject property is generally located south of Airport Road, east of Interstate 35 West, and west of South Bonnie Brae Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.  (S09-0007)  The Planning and Zoning Commission recommends approval (5-2).

C. Hold a third public hearing and consider recommendations regarding the preferred alignment of the portion of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project running from the King’s Row Substation to the Denton North Interchange; and consider a resolution of the City Council of the City of Denton, Texas regarding establishment of the route for this section of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project; and providing an effective date.

C. Hold a third public hearing and consider recommendations regarding the preferred alignment of the portion of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project running from the King’s Row Substation to the Denton North Interchange; and consider a resolution of the City Council of the City of Denton, Texas regarding establishment of the route for this section of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project; and providing an effective date.

7. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Donna F. Woodfork regarding new development.

8. 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 ___________________, 2012 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.