Click here for Agenda Backup

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.

A.	Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071.

1.

Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters related to issuing a new Request for Proposals for Local Solar Energy Installations - 2013 by the City soliciting proposals for a solar-generated energy facility or facilities for the City of Denton, Texas; discuss, deliberate and provide staff with direction regarding such matters.  Consultation with the City’s attorneys regarding legal advice regarding such matters where a public discussion of this legal matter would conflict with the duty of the City’s Attorneys to the Public Utilities Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

B.	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 of real property interests located in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2400 block of South Bonnie Brae Street) in the City of Denton, Denton County, Texas; and 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 City of Denton and 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 proceedings or potential litigation.

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

1.

Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance.

2.

Consult with City’s attorneys regarding legal issues and legal challenges arising out of municipal ordinances regulating the operation and location of credit access businesses, including Denton ordinance 2013-073 and possible amendments thereto, as well as the status and strategic considerations associated with litigation pending in the 16th District Court of Denton County, Texas styled ACE Cash Express v. City of Denton, cause no. 2013-10564-16.

A.

U.S. Flag

B.	Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

A.	Proclamations/Awards

1.	National Procurement Institute Achievement in Excellence in Procurement Award for 2013

2.	ReUse Day Proclamation

3.	Presentation regarding ReUse initiatives

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1)	Kenneth Stout regarding street impact fees for street maintenance.

A.

Consider adoption of an ordinance approving a First Amendment to a Lease Agreement between the City of Denton, Texas and Master Recycling of Texas, Inc. to be executed by the City Manager relating to a certain 3.5 acre tract of land situated in the Gideon Walker Survey, Abstract Number 1330, and a certain 1.924 acre tract of land situated in the G. Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas; and providing an effective date.

B.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($10,240)  The Hotel Occupancy Tax Committee recommends approval (3-0).

C.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitors Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($783,100)  The Hotel Occupancy Tax Committee recommends approval (3-0).

D.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($16,580)  The Hotel Occupancy Tax Committee recommends approval (3-0).

E.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,010)  The Hotel Occupancy Tax Committee recommends approval (3-0).

F.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($14,590) The Hotel Occupancy Tax Committee recommends approval (3-0).

G.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($82,820) The Hotel Occupancy Tax Committee recommends approval (3-0).

H.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. ($117,780) The Hotel Occupancy Tax Committee recommends approval (3-0).

I.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($7,640) The Hotel Occupancy Tax Committee recommends approval (3-0).

J.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association, Inc., d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($23,010)  The Hotel Occupancy Tax Committee recommends approval (3-0).

K.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,000)  The Hotel Occupancy Tax Committee recommends approval (3-0).

L.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($73,620)  The Hotel Occupancy Tax Committee recommends approval (3-0).

M.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Susan G. Komen for the Cure Advocacy Alliance (North Teas Affiliate) for the payment and use of hotel tax revenue; and providing an effective date. ($10,000)  The Hotel Occupancy Tax Committee recommends approval (3-0).

N.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($50,610)  The Hotel Occupancy Tax Committee recommends approval (3-0).

O.	Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Texas Filmmakers’ Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($7,500)  The Hotel Occupancy Tax Committee recommends approval (3-0).

P.

Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton County, Texas (Denton County Office of History and Culture) for the payment and use of hotel tax revenue; and providing an effective date. ($108,570)  The Hotel Occupancy Tax Committee recommends approval (3-0).

Q.

Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc. and the City of Denton for engineering and support services related to the Five (5) Year Capital Improvement Plan for transmission and substation projects for Denton Municipal Electric; and providing an effective date (File 5372-in an amount not-to-exceed $12,150,000).  The Public Utilities Board recommends approval (7-0).

R.

Consider adoption of an ordinance abandoning and vacating an Electric Utility Easement (The "Easement"), granted by Denton County National Bank to the City of Denton, Texas, pursuant to that certain Easement dated April 22, 1976, and recorded in Volume 783, Page 343, Real Property Records, Denton County, Texas said Easement encumbering lands located in the Wm. Neil Survey, Abstract No. 970, Denton County, Texas and generally located at 325 West Hickory Street, and declaring an effective date.  The Public Utilities Board will consider this item on October 14, 2013.

S.

Consider adoption of an ordinance abandoning and vacating a Temporary Drainage Easement (The "Easement"), granted by Allegiance Hillview, LP. to the City of Denton, Texas, pursuant to that certain Easement, dated August 20, 2007, and recorded as Instrument No. 2007-104852, Real Property Records, Denton County, Texas, said Easement encumbering lands located in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 192, Denton County, Texas and generally located at the 2600 block of Scripture Street and declaring an effective date.  The Public Utilities Board will consider this item on October 14, 2013.

T.

Consider adoption of an ordinance abandoning and vacating an Electric Utility Easement (The "Easement"), granted by Singing Oaks Apts. #1 to the City of Denton, Texas, pursuant to that certain easement, dated June 4, 1971, and recorded in Volume 624, Page 12, Real Properties Records, Denton County, Texas, said Easement encumbering lands located in the M. Yoachum Survey, Abstract No, 1442, Denton County, Texas, and generally located at 307 North Loop 288, and declaring an effective date.  The Public Utilities Board will consider this item on October 14, 2013.

U.

Consider adoption of an ordinance abandoning and vacating a Sanitary Sewer Easement (the "Easement"), granted by Henry S. Miller Company, Trustee to the City of Denton, Texas, pursuant to that certain easement, dated December 18, 1973, and recorded in the Volume 695, Page 350, Real Property Records, Denton County, Texas, said Easement encumbering lands located in the Gideon Walker Survey, Abstract No. 1330 and the Moreau Forrest Survey, Abstract No. 417, Denton County, Texas and generally located at the 5600 block of East McKinney Street, repealing City of Denton Ordinance No. 99-226 related to the purported partial release of the easement, and declaring an effective date.  The Public Utilities Board will consider this item on October 14, 2013.

V.

Consider adoption of an ordinance abandoning and vacating (1) that certain Public Utility Easement, granted to the City of Denton, Texas by Rex C. Cauble, pursuant to that certain Easement dated December 5, 1972, and recorded in Volume 735, Page 515, Real Property Records, Denton County, Texas, insofar and only insofar as such easement covers and encumbers .443 acre tract of land, as described on Exhibit "B", attached hereto and made a part hereof (The "Exhibit B Abandonment Area"), and (2) that certain Public Utility Easement, granted to the City of Denton, Texas by Rex C. Cauble, pursuant to that certain easement, dated December 5, 1972, and recorded in Volume 735, Page 517, Real Property Records, Denton County, Texas, insofar and only insofar as such easement covers and encumbers 0.334 acre of land, as described in Exhibit "A", attached hereto and made a part hereof (the "Exhibit A Abandonment Area") (The easements described above are collectively referred to herein as the "Easements) (The Exhibit A Abandonment Area and the Exhibit B Abandonment Area are collectively referred to herein as the "Abandonment Area"), said easements encumbering certain lands located in the A. White Survey, Abstract No. 1406 and N. Wade Survey, Abstract No. 1407, Denton County, Texas, as more particularly described in the Easements, and generally located approximately 1600’ northwest of the intersection of North Elm Street and Loop 288, and declaring an effective date.  The Public Utilities Board will consider this item on October 14, 2013.

W.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program and eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines and criteria; and providing for an effective date.

X.

Consider a request for an exception to the Noise Ordinance for the purpose of performing music and announcements during the 25th Annual Holiday Lighting Festival to be held at the Denton Downtown Square.  The Festival will begin at 5 p.m. and end at 9:30 p.m. on Friday, December 6, 2013.  The request is for a variance in decibels, from 70 to 75 decibels for amplified sound.  Staff recommends approving the request.

Y.	Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an Economic Development Partnership; and providing an effective date ($227,467).

Z.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between the City of Denton (the "City"), and Harlan Properties, Inc. (the "Seller") contemplating the sale by Seller and purchase by City of (I) fee simple to a 4.69 acre tract; (II) a utility and slope easement encumbering 0.56 acre; and (III) a utility and drainage easement encumbering 0.02 acre, said tracts located generally in the 2400 block of South Bonnie Brae Street, in the A. Tompkins Survey, Abstract Number 1246, in the City of Denton, Denton County, Texas (the "Property Interests") for the purchase price of Two Hundred Thousand Dollars and No Cents ($200,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Purchase Agreement; authorizing the expenditure of funds therefor; and providing and effective date. (Bonnie Brae Street Widening and Improvements - Parcel 25)

AA.

Consider a request for an exception to the Noise Ordinance for the purpose of the Industrial Street International Pop Festival (AKA Geezer Palooza), a music festival to benefit Serve Denton.  The event will be held at 103 - 115 Industrial Street, on Sunday, October 20, 2013, from noon to 9 p.m.  The exception is specifically requested to increase sound levels from 70 to 75 decibels and for amplified sound on Sunday.  Staff recommends approval of request.

BB.

Consider a request for an exception to the Noise Ordinance for the purpose of amplified music for the 2nd Annual WakePoolooza to be held on Avenue A, between Mulberry and Hickory, on Saturday, October 19, 2013, beginning at 3 p.m. and concluding at 10 p.m.  This request is for increased amplified sound from the allowable 70 decibels to 75.  Staff recommends approval of the request for amplified sound up to 75 decibels.

CC.

Consider a request for an exception to the Noise Ordinance for the purpose of having music played during the Denton Plaza Party located at 508 S. Elm Street on two Saturdays, November 9 and November 16, 2013, from noon to 10 p.m.  This request is for an extension in decibels from 70 to 75.  Staff recommends approving 75 decibels to 10 p.m.

DD.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a temporary access permit (the "Permit"), by and between the City of Denton, Texas and EagleRidge Operating, LLC, a Texas limited liability company ("EagleRidge"), granting a license to EagleRidge to temporarily access certain City owned lands located in the James Edmonson Survey, Abstract Number 401 and the James L. Harris Survey, Abstract Number 555, located generally 1,800 feet southwest of the intersection of South Bonnie Brae and Vintage Boulevard, City of Denton, Denton County, Texas, in connection with the overland transport of water for gas well operations; and providing an effective date.

EE.

Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the University of North Texas Murphy Center for Entrepreneurship under Section 791.001 of the State of Texas Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5382-Interlocal Agreement with the University of North Texas Murphy Center for Entrepreneurship in the amount of $26,400).

FF.	Consider approval of a resolution for a change in Atmos Energy Corporation, Mid-Tex Division’s ("Atmos") rates as a result of settlement between Atmos and the Atmos Texas Municipalities ("ATM") under the rate review mechanism; and providing an effective date.

GG.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Southwest Elevated Storage Tank for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 5350-awarded to Landmark Structures I, L.P. in an amount not to exceed $5,074,000).

HH.	Consider approval of the minutes of: September 10, 2013 September 17, 2013

A.

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 supplement for preparation of a Master Plan for Airport Development at the Denton Enterprise Airport; confirming agreement to pay additional project cost in the amount of $114,241; and, providing an effective date. The Airport Advisory Board recommends approval (4-0).

B.

Consider adoption of an ordinance of the City of Denton 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; and, declaring an effective date (TxDOT Project No.: AM 2014DNTO and CSJ No.: M1418DNTO). The Airport Advisory Board recommends approval (4-0).

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a Basic Utility; a DME electric substation, on approximately 5.44 acres of land within a Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation, located on the north side of Pockrus Page Road, east of I-35, and directly west of the DCTA rail line, within the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date. (S13-0002)  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 Subchapter 35.13.7.B.2 of the Denton Development Code pertaining to landscape maintenance standards; and providing for a penalty in the maximum amount of $2000.00 for violations thereof, severability and an effective date. (DCA12-0004)  The Planning and Zoning Commission recommends approval (6-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 2 (NR-2) zoning district and use classification to a Neighborhood Residential Mixed Use (NRMU) zoning district and use classification; with an overlay on approximately 10.112 acres of land.  The property is located at the southwest corner of Teasley Lane and Pennsylvania Drive, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for a severability clause and an effective date. (Z13-0003)  The Planning and Zoning Commission made a motion of approval, however the motion failed (2-3).

D.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow an initial 51,200 square foot office building, with expansions proposed in the future, to include two (2) additions of approximately 16,000 square feet each, for a total of 83,200 square feet within a proposed Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation. The approximately 10.112-acre property is located at the southwest corner of Teasley Lane and Pennsylvania Drive, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for a severability clause and an effective date. (S13-0001)  The Planning and Zoning Commission recommends approval, with conditions (4-1).

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.