AGENDA
CITY OF DENTON CITY COUNCIL
July 17, 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, July 17, 2012 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:

DUE TO TECHNICIAL DIFFICULITIES, THE AGENDA BACKUP IS NOT AVAILABLE ON-LINE.  PLEASE CONTACT THE CITY SECRETARY?S OFFICE AT 940-349-8309 FOR ASSISTANCE.

WORK SESSION

1. Citizen Comments on Consent Agenda Items

2. Requests for clarification of agenda items listed on the agenda for July 17, 2012.

3. Receive a report, hold a discussion, and provide staff with direction regarding projects recommended by the Citizens Bond Advisory Committee and bond proposition options for the upcoming November 2012 bond election.

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, boarding 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).

5. Receive a report, hold a discussion and give staff direction with regard to possible route and scoping adjustments to the Bonnie Brae Road Widening and Improvements project.

6. Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for approximately 700 acres of land located north of Airport Road in the City’s industrially zoned area.

7. Receive a report, hold a discussion and give staff direction regarding adoption of an ordinance of the city of Denton, Texas, revising the fats, oils, and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to "Utilities," and hereby repealing Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article XII - Liquid Waste, Divisions 1, 2, 3, and 4.

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 a report from Denton Municipal Electric staff regarding certain public power competitive and financial matters related to the Request for Proposals No. 4859 issued by the City soliciting proposals for a solar-generated energy facility or facilities for the City of Denton, Texas; and a presentation on solar-generation facilities; discuss, deliberate and provide staff with direction regarding such matters.

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

1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, 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 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 administrative proceeding or potential litigation.

2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located (1) in the A. Tompkins Survey, Abstract No. 1246, located generally in the 1800 block of South Bonnie Brae Street and the 2100 block of South Bonnie Brae Street; and (2) in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, located generally in the 3100 Block of Roselawn Street, all property interests within the City of Denton, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property interests 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.

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

1. Consult with the City’s attorneys with regard to Item 5 A. on the City Council’s Agenda for July 17, 2012 as it concerns legal issues associated with that item.

2. Consult with the City’s attorneys regarding the present status of pending litigation styled Linda Marie Casias Roth, et al v. City of Denton, Texas, Cause No. 2012-60839-393, now pending before the 393rd Judicial District Court of Denton County, Texas; 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.

3. Consultation with Attorney for advice regarding the negotiation and execution of a First Amendment to the Meet and Confer Agreement between the City of Denton and Denton Police Officers Association with a term of October 1, 2009 through September 30, 2014 that addresses wages, hours and conditions of employment with uniformed officers of the Denton Police Department; consultation with Attorney for advice regarding meet and confer matters between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291.

D. Deliberation Regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; Consultation with Attorneys - Under Texas Government Code Section 551.071.

1. Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for approximately 700 acres of land located north of Airport Road in the City’s industrially zoned area; discuss or deliberate regarding commercial or financial information that the City of Denton body has received from a business prospect that the City of Denton body seeks to have locate, stay, or expand in or near the territory of the City of Denton and with which the City of Denton is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect; where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Rules of Professional Conduct of the State Bar of Texas.

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. Fred Douglass/Fred Moore Days

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Megan Storie regarding Denton - beyond the coal.

2. Hatice Salih regarding lawsuits, certificates of obligation, and other indebtedness.

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 - K). 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 - K 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 authorizing the City Manager, or his designee, to submit a letter to the Texas Comptroller pursuant to the requirements of Section 2206.101 of the Texas Government Code by informing the Comptroller that the City of Denton is authorized by the state to exercise the power of eminent domain and further stating each provision of law that grants the City eminent domain authority; and providing an effective date.

B. Consider approval of the minutes of: June 5, 2012 June 19, 2012 June 25, 2012 July 2, 2012

C. Consider approval of a resolution reappointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers agency, representing the City of Denton, Texas; and declaring an effective date.

D. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc, for Engineering Services relating to the North-South Water Line Phases II and III project; and providing for an effective date (File 4978-awarded to Freese and Nichols, Inc. in the amount of $435,701). The Public Utilities Board recommends approval (6-0).

E. Consider adoption of an ordinance accepting bids and awarding a public works contract for the construction of the FM 2499 Utility Relocation project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4957-awarded to SMB Enterprises, Inc. in the amount of $192,989). The Public Utilities Board recommends approval (6-0).

F. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a First Amendment of Contract of Sale, by and between the City of Denton ("City") and Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar Summers Family Living Trust ("Sellers"), amending a Contract of Sale (herein so called) contemplating the sale and purchase of fee simple to an approximate 0.1413 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, known as Lot 23, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, west of Pace Drive (the "Property"); and providing an effective date.

G. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Contract of Sale, by and between the City of Denton, Texas, as Buyer, and Dewitt S. Davenport, as Seller (herein so called), regarding the sale and purchase of fee simple to an approximate 0.2159 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, Known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the North Line of Paisley Street, West of Pace Drive (the "Property Interests"), for the purchase price of One Hundred and Seventeen Thousand Dollars and No Cents ($117,000.00), and other consideration, as prescribed in the Contract of Sale (the "Contract"), as attached hereto and made a part hereof as Exhibit "A"; authorizing the expenditure of funds therefore; authorizing relocation expenditures; and providing an effective date.

H. Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to the Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association and providing an effective date.

I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 1.52 acre tract; (ii) a utility and slope easement, encumbering a 0.13 acre tract; (iii) a drainage easement, encumbering a 0.67 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.14 acre tract, all tracts located in the A.N.B. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 2100 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Milton B. Clearman and wife, Anita A. Clearman to purchase the Property Interests for the purchase price of Two Hundred Twenty Three Thousand Nine Hundred Six Dollars and No Cents ($223,906.00), 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.

J. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.08 acre tract; (ii) a utility slope easement, encumbering a 0.03 acre tract; (iii) a slope easement, encumbering a 0.01 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.01 acre tract, all tracts located in the A. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 1900 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Oren R. Thomas and Ruth A. Thomas, to purchase the Property Interests for the purchase price of Twenty Thousand Six Dollars and No Cents ($20,006.00), 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.

K. Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to "Utilities," and hereby repealing Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article XII - Liquid Waste, Divisions 1, 2, 3 and 4; providing for the purpose and policy of the ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in Section 26-153 of this chapter; providing for other definitions; providing for installations of grease traps for new facilities and existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing for manifest requirements for persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the Assistant City Manager of Utilities may seek any and all enforcement remedies necessary to  ensure continued compliance; providing a savings clause; providing a misdemeanor penalty not to exceed $2,000 per day for violations of this ordinance; providing a civil penalty not to exceed $5,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the City; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) to approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z11-0025)  The Planning and Zoning Commission recommends approval (5-1).  This item was postponed from the June 5, 2012 City Council meeting.

B. Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation subject to a restrictive overlay on approximately 3.3 acres. The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z11-0026)  The Planning and Zoning Commission recommends approval (7-0).  This item was postponed from the May 15, 2012 City Council meeting.

C. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a primary and alternate member as an official voting representative to the Regional Transportation Council (RTC) of the North Central Texas Council of Governments; and providing an effective date.

D. Consider nominations/appointments to the City’s Economic Development Partnership Board.

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, 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, boarding 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; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  The Planning and Zoning Commission recommends approval (6-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending  an overlay district and approving an amendment to the Quail Creek Special Sign District for 7.1-acres of land within a larger 35.5 acre District located at the southeastern corner of Brinker Road and Quail Creek Boulevard and is also known as Lots 1R and 2, Block A of the Signature Senior Living Addition, within the City of Denton, Denton Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (SD11-0006, Signature Senior Living)  The Planning and Zoning Commission recommends approval (7-0).

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 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.