AGENDA
CITY OF DENTON CITY COUNCIL
June 19, 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, June 19, 2012 at 04:00 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

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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 June 19, 2012.

3. Receive a report, hold a discussion and give staff direction regarding project recommendations from the Citizens Bond Advisory Committee and the Public Art Committee for the November 2012 Bond Election.

2. PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

1. Parks and Recreation Month

4. Receive a report, hold a discussion, and give staff direction regarding amending the Denton Development Code by adding Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the parking requirements for fraternity or sorority houses, and dormitories in Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution Center/Warehouse (General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Family, Dormitory, Accessory Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family Dwelling, Single-Family Detached Dwelling, Single-Family Attached Dwelling, Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23.  The Planning and Zoning Commission recommends approval (6-0).

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, Sec. 551.071. Deliberations Regarding Real Property - Under Texas Government Code, Sec. 551.072.

1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P. Railroad Survey, Abstract No. 927, Denton County, Texas, and located generally along the west side of Mayhill Road, within the 200 block and the 600 to 800 block range of North Mayhill Road, within the 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 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.

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

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 - I). 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 - I 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 nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date.

B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Neptune Water Meters from HD Supply Waterworks, LTD, Inc., which are available from only one source and in accordance with the pertinent provisions of Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4857-Purchase of  Neptune Water Meters for the City of Denton in the five year estimated amount of  $125,000).

C. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of BIOXIDE Products from Siemens Industry, Inc., which are available from only one source and in accordance with the pertinent provisions of Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4962-Purchase of BIOXIDE for Wastewater Department in the annual estimated amount of $95,000 with a not to exceed amount of $475,000 over a five year period).  The Public Utilities Board recommends approval (5-0).

D. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 2.613 acre tract; (ii) a slope easement, encumbering a 0.270 acre tract; and (iii) a temporary construction grading and access easement, encumbering a 0.161 acre tract, all tracts situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally at the northwest corner of Mayhill Road and Russell Newman Boulevard (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Martino Realty Limited Partnership, a Texas limited partnership, to purchase the Property Interests for the purchase price of Two Hundred Ninety Seven Thousand One Hundred Forty Dollars and No Cents ($297,140.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.

E. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.851 acre tract; and (ii) a slope easement, encumbering a 0.362 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally at the southwest corner of Mayhill Road and Russell Newman Boulevard (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Martino Realty Limited Partnership, a Texas limited partnership, to purchase the Property Interests for the purchase price of One Hundred Five Thousand Three Hundred Twenty Three Dollars and No Cents ($105,323.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.

F. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.360 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 200 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Vonnie George to purchase the Property Interests for the purchase price of Thirty Eight Thousand One Hundred Thirty Five Dollars and No Cents ($38,135.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.

G. Consider adoption of an ordinance authorizing the City Manager or his designee to execute on behalf of the City of Denton, Texas a Memorandum of Agreement ("MOA") contemplating a real estate conveyance from the City of Denton to the State of Texas, of a 2,174 square foot tract of real property, being a portion of the tract conveyed by deed to the City of Denton, recorded in Volume 2978, Page 909, Real Property Records, Denton County, Texas, and being a portion of Lot A, Block 1 of the R.N.W. Addition, an addition to Denton County, Texas, recorded in Cabinet H, Page 338, Plat Records, Denton County, Texas and generally located at 3228 Teasley Lane, Denton, Texas (the "Land"); authorizing execution of a deed without warranty (herein so called) conditionally effectuating such real estate conveyance; and providing an effective date.

H. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a temporary license agreement (the "Agreement"), by and between the City of Denton, Texas and Atmos Energy Corporation, a Texas Corporation ("Atmos"), granting a license to Atmos to temporarily access certain City owned lands located in the Gideon Walker Survey, Abstract Number 1330, located generally 2000 feet south of the 6000 block of East McKinney Street, City of Denton, Denton County, Texas, in connection with Atmos’ Lake Dallas Natural Gas Storage Facility; and providing an effective date.

I. Consider approval of the minutes of: May 15, 2012 May 22, 2012 June 4, 2012

4. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board.

5. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Nette Schultz Park and Avondale Park for the purpose of a sewer line easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a sewer easement; and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0).

6. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Bob Clifton regarding a Convention Center/Hotel on UNT property.

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 ___________________, 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.