AGENDA
CITY OF DENTON CITY COUNCIL
March 18, 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, March 18, 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:

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 March 18, 2014.

3.	Receive a report from the NCTCOG staff, hold a discussion and give staff direction on the implementation and enforcement of local idling restrictions and some lessons learned in North Central Texas.

4.	Receive a report, hold a discussion, and give staff direction regarding the Denton Plan Update.

5.	Receive a report, hold a discussion, and give staff direction regarding an ordinance to adopt the 2012 International Energy Conservation Code (IECC) as amended by the City.

6.	Receive a report, hold a discussion, and give staff direction on the City’s Tax Abatement Policy and Public Improvement District (PID) Guidelines.

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 acquisition of real property interests located in the David Hough Survey, Abstract Number 646, located generally in the 3900 block of Quailcreek 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)

2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the O. S. Brewster Survey, Abstract Number 56, located generally in the 1800 block and the 2800 block of South Bonnie Brae Street, 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. (Bonnie Brae Widening and Improvements project)

B. Consultation with Attorneys - 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.

C. 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 presentation from Denton Municipal Electric ("DME") staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same in light of the possible resource shortage in ERCOT in order to meet its future energy needs. Discuss, deliberate and provide Staff with direction.

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. Resolution of Appreciation for Betty Williams

3.	CITIZEN REPORTS

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 - J). 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 - J 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 of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($1450)

B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute an investment advisory services contract with First Southwest Asset Management, Inc. (FSAM) for an amount not to exceed $52,000; and providing an effective date. The Audit/Finance Committee recommends approval (2-0).

C. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) flushing/vacuum truck for the City of Denton Wastewater Collections Department; and providing an effective date (File 5508-awarded to Rush Truck Center in the amount of $157,959). The Public Utilities Board recommends approval (6-0).

D. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) dump truck for the City of Denton Water Distribution Department; and providing an effective date (File 5509-awarded to Rush Truck Center, Crane in the amount of $133,649). The Public Utilities Board recommends approval (6-0).

E. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the reroofing of the Lake Lewisville Water Treatment Plant (LLWTP); providing for the expenditure of funds therefor; and providing an effective date (RFP 5362-awarded to CBS Roofing Services in the not-to-exceed amount of $267,659.80. The Public Utilities Board recommends approval (6-0).

F. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for polymer concrete transformer pads for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5232-awarded to Techline, Inc. in the three (3) year not-to-exceed amount of $250,000).

G. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 13 ("Food and Food Service Establishments") of the City of Denton Code of Ordinances by deleting Articles I, II, III, IV, V and VI in their entirety; adopting the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services and making related deletions and amendments thereto; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date.

H. Consider adoption of an ordinance approving an easement agreement granting such easement to Atmos Energy Corporation, which 0.120 acre easement tract is located in the 1000 block of South Mayhill Road, to encumber land owned by the City of Denton, located in the G. Walker Survey, Abstract No. 1330; and providing an effective date. The Public Utilities Board recommends approval (6-0).

I. Consider approval of a resolution of the City of Denton, Texas establishing a Municipal Green Building Policy for the City of Denton, Texas and declaring an effective date.

J. Consider adoption of an ordinance repealing redundant and inconsistent noise provisions from the Denton Development Code, consolidating noise enforcement authority in existing provisions of the Denton Code of Ordinances and existing state law; directing the codifier to cross reference as needed; clarifying enforcement authority; and establishing an effective date.

5.	ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS

A. Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right of way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) a temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, all for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 3900 block of Quailcreek road (a private road), each affected tract located in the David Hough Survey, Abstract No. 646, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A", attached to the ordinance and made a part thereof, (collectively the "Property Interests") authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Mayhill Road Project - Parcel M139 - Donnelly)

6.	ITEMS FOR INDIVIDUAL CONSIDERATION

7.	PUBLIC HEARINGS

8.	CITIZEN REPORTS

9.	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 ___________________, 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.