AGENDA
CITY OF DENTON CITY COUNCIL
April 15, 2014


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 15, 2014 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 April 15, 2014.

3. Receive a report, hold a discussion, and give staff direction on the design process for the proposed convention center and hotel.

4. Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC).  Hold a discussion and give staff direction regarding the proposed 2014 Action Plan for Housing and Community Development.

6. Receive a report, hold a discussion and provide direction regarding a ban on wireless communication use while operating a motor vehicle in the City of Denton.

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 Attorneys - 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 certain real property interests located in the D. Culp Survey, Abstract No. 287, and the J. Coltart Survey, Abstract No. 288, City of Denton, Denton County, Texas, and generally located at the intersection of Loop 288 and Kings Row. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation 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.  (69kV Transmission Line Project Parcel C1 & C2)

2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in David Hough Survey, Abstract Number 646, located generally in the 1900 block of South Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests 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 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. (Mayhill Road Widening and Improvements project - Parcel M136 Haggard)

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

1. Receive a briefing and presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the implementation of the "Denton Municipal Electric - Energy Risk Management Policy" that deals with bidding and pricing information as well as contracting information, for purchased power, generation and fuel; and Electric Reliability Council of Texas (ERCOT) bids, prices, offers and related services and strategies, and the terms and authorizations related thereto, as well as other and further public power information.  Consultation with the City’s attorneys regarding legal issues associated with the implementation of the "Denton Municipal Electric - Energy Risk Management Policy" 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.  Discuss, deliberate and provide staff with direction.

C. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.

1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers for the Zoning Board of Adjustment.

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

1. Consult with the City’s attorneys regarding the status and possible resolution of litigation styled In re: TransData, Inc. Smart Meters Patent Litigation, Cause No. 5:12-ml-02309-C, currently pending in the United States District Court for the Western District of Oklahoma, and provide informal direction as appropriate.

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 No. 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.

3. 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.

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. Mayor’s Day of Concern for the Hungry

2. National Day of Prayer

3. Olympian Jordan Malone Day in Denton

4. Jazz Appreciation Month

5. Meritorious Service Award to Parks Department from the Texas Council on Family Relations

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Russell Linton regarding Red Light Traffic Cameras.

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 - L). 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 - L 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 accepting competitive bids and awarding a public works contract for the Wastewater Collection System Improvements around Eagle Drive and Congress Street Project for the City of Denton Engineering Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 5472-awarded to Dickerson Construction Company, Inc. in the not-to-exceed amount of $2,070,842). The Public Utilities Board recommends approval (5-0).

B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of Temporary Mobile Compressed Natural Gas (CNG) Fueling Services for the Solid Waste and Recycling Departments, which are available from only one source and in accordance with 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 5464-awarded to Ultimate CNG, LLC in the three (3) year not-to-exceed amount of $120,000). The Public Utilities Board recommends approval (6-0).

C. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of three (3) mid-mount mowers and two (2) wide area mowers for the City of Denton Parks Department ; providing for the expenditure of funds therefore; and providing an effective date (RFP 5483-awarded to Ag-Power Inc. in the amount of $131,070.50).

D. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Parks Foundation; authorizing the expenditure of funds; and providing for an effective date. ($1,350) (Splash Park)

E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make an application with the Texas Auto Burglary and Theft Prevention Authority for a grant to form a task force to focus on auto theft and auto burglary and take all other actions necessary to obtain and implement the program; and providing for an effective date.

F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make an application with the Texas Auto Burglary and Theft Prevention Authority for a grant to continue implementation of the Reduce Auto Theft Texas Program and take all other actions necessary to obtain and implement the program; and providing for an effective date.

G. Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $9,500 of in-kind services and resources for the Cinco de Mayo Celebration to be held in Quakertown Park on May 3, 2014; and providing an effective date.

H. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple title to a 10.45 acre tract; (II) an electric utility easement encumbering a 0.802 acre tract, and (III) a temporary construction easement encumbering a 0.521 acre tract; all said lands located in the D. Culp Survey, Abstract No. 287 and the J. Coltart Survey, Abstract No. 288, City of  Denton, Denton County Texas, as more particularly described on Exhibits "A", "B", and "C", as attached to the Ordinance and made a part thereof, located generally at the intersection of Loop 288 and Kings Row (the "Property Interests"), for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as sub-stations, (the "Project"); authorizing the City Manager or his designee to make an offer to (1) Brown Development I, Ltd., a Texas Limited Partnership; Julie Luelle Brown, Successor Independent Executor of the Estate of Gerald W. Brown, deceased; Julie Luelle Brown, Trustee of the Julie Luelle Brown Nonexempt Lifetime Trust under the Will of Gerald W. Brown; Julie Luelle Brown, Trustee of the Julie Luelle Brown Exempt Lifetime Trust under the Will of Gerald W. Brown; Gerald W. Brown, II, Trustee of the Gerald W. Brown, II Nonexempt Lifetime Trust under the Will of Gerald W. Brown; Gerald W. Brown, II, Trustee of the Gerald W. Brown, II, Exempt Lifetime Trust under the Will of Gerald W. Brown; Jason Edwin Brown, Trustee of the Jason Edwin Brown Nonexempt Lifetime Trust under the Will of Gerald W. Brown; Jason Edwin Brown, Trustee of the Jason Edwin Brown Exempt Lifetime Trust under the Will of Gerald W. Brown; Jinger Jeannine Brown, Trustee of the Jinger Jeannine Brown Nonexempt Lifetime Trust under the Will of Gerald W. Brown; Jinger Jeannine Brown, Trustee of the Jinger Jeannine Brown Exempt Lifetime Trust under the Will of Gerald W. Brown; Alicia Margaret Noel Brown, Trustee of the Alicia Margaret Noel Brown Nonexempt Lifetime Trust; Alicia Margaret Noel Brown, Trustee of the Alicia Margaret Noel Brown Exempt Lifetime Trust; Connie L. Brown, Independent Executor of the Estate of Robert M. Brown, deceased; Connie L. Brown, Trustee of the Robert M. Brown Exempt Family Trust; Connie L. Brown, Trustee of the Robert M. Brown Nonexempt Family Trust (collectively, the "Owner"); (2) successors in interest to the Owner of the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Three Hundred Ninety Two Thousand, Nine Hundred Forty Five Dollars and 00/100 ($392,945.00), and other consideration, as prescribed in the Contract of Sale (herein so called), as attached to the Ordinance and made a part thereof as Exhibit "D", authorizing the expenditure of funds therefore; and providing an effective date. (69kV Transmission Line Project Parcel C1 & C2)

I. Consider approval of the minutes of: March 3, 2014 March 4, 2014       March 18, 2014

J. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2014 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date.

K. Consider approval of a resolution approving the 2013 Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Annual Report; and declaring an effective date.

L. Consider adoption of an ordinance of the City of Denton, Texas, establishing a new Schedule of Permit Fees for permits issued by the Building Inspector, including, but not limited to, building permit fees, consumer health permit fees, fence and retaining wall permit fees, mobile home moving fees, temporary permit fees, and investigation and administrative fees, superseding prior fee schedules to the extent of conflict, and providing for an effective date.

1. Russell Linton regarding Red Light Traffic Cameras.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $94,500,000 in principal amount of "City of Denton Certificates of Obligation, Series 2014" (including up to $9,276,000 for General Government activities, up to $8,440,000 for Solid Waste Fund activities, up to $1,784,000 for Airport Fund activities, and up to $75,000,000 for Electric, Water and Wastewater Fund activities); authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; and enacting other provisions relating to the subject.

B. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $7,600,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2014"; authorizing the issuance of the Bonds; delegating the authority to certain city officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject.

C. Consider nominations/appointments to the City’s Boards and Commissions:

1. Public Art Committee

2. Zoning Board of Adjustment

D. Consider adoption of an ordinance of the City of Denton, Texas to implement and enforce the Texas State Rule on locally enforced motor vehicle idling limitations and to approve entering into a memorandum of agreement with the Texas Commission on Environmental Quality to enforce this rule locally; providing an effective date.

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton’s Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b)(14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0).

B. Hold a public hearing inviting citizens to comment on the City of Denton’s 2014 Action Plan for Housing and Community Development.

C. Hold a public hearing and consider adoption of an ordinance amending the Water Conservation Plan and the Drought Contingency Plan of the City of Denton, Texas previously adopted by the City Council in ordinance No. 2009-134 enacted on the 2nd day of June, 2009 regarding only Sections 6.6 and 6.7 thereof; and as previously adopted by the Council in ordinance No. 2012-064 enacted on the 6th day of March, 2012; amending the drought and emergency response stages of the Water Conservation Plan and the Drought Contingency Plan; amending the enforcement provisions of mandatory restrictions of the Water Conservation Plan and the Drought Contingency Plan; providing for the stages of enforcement for violators of the Water Conservation Plan and the Drought Contingency Plan; providing for rates to be charged for water usage in the water conservation plan and the drought contingency plan in the event of high usage; providing for administrative fees to be charged to violators for certain violations of the drought contingency plan; providing a criminal penalty not to exceed $2,000 per violation of the drought contingency plan; providing a civil penalty not to exceed $1,000 per day per violation of the drought contingency plan; providing civil legal remedies for the City of Denton, Texas; providing a savings clause; providing a severability clause; and providing an effective date.

D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow a multifamily housing development on approximately 4.13 acres of land, generally located on the west side of East Sherman Drive, west of the intersection of East Sherman Drive and Linwood Drive.  The subject property is located within a Neighborhood Residential Mixed Use (NRMU) zoning district and land use designation.  The Planning and Zoning Commission recommends denial (6-0).  (S13-0011, University North) A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.

7. CITIZEN REPORTS

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.

5. Receive a report, hold a discussion and give staff direction on the creation of a City Council Committee to explore policies and vision for historic preservation, and possible revisions to the Denton Development Code and the Denton Code of Ordinances.



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 ___________________, 2014 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.