AGENDA
CITY OF DENTON CITY COUNCIL
May 6, 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, May 6, 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

Click here to view Agenda with Backup Materials

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 May 6, 2014.

3. Receive a report, hold a discussion, and give staff direction regarding Specific Use Permit (SUP) to allow construction of a wet weather pump station and detention facility use on a property located in a Neighborhood Residential 2 (NR-2) zoning and use district on approximately 65.94 acres. The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort Worth Drive, and south of Bent Creek Estate residential subdivision. (S14-0002, Hickory Creek Denton Facility)

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 Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.

1. Receive a report and hold a discussion regarding legal and economic development issues regarding the creation of a public improvement district and proposed amendments to the economic development incentive agreements for the Rayzor Ranch mixed-use development.  This discussion shall include commercial and financial information the City Council has received from Rayzor Ranch developers which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.

B. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1. Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency ("TMPA") on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City’s interest in, and its business relationship with the Texas Municipal Power Agency; and discuss, deliberate, and provide Staff with direction regarding such matters. (Bunselmeyer)

C. 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 competitive public power, financial and commercial information from Denton Municipal Electric ("DME") staff regarding the acquisition, integration and implementation of ERCOT Shadow Settlement Software in its Energy Management Division relating to its power purchase operations, which includes bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services for purposes of supporting the Energy Management Division of DME; discuss, deliberate, provide staff with direction, consider and take final action.  Consultation with the City’s attorneys regarding legal issues associated with the above acquisition 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. (Michael Copeland)

D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; 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. Discuss, deliberate and receive competitive public power financial and commercial information from staff and provide staff direction pertaining to proposed system improvements, plans, additions and potential purchases of real property regarding the proposed reconstruction of several electric substations and electric transmission lines, and determine possible locations for such facilities in various locations in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and/or condemnation of the tracts of real property 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 proceeding or potential litigation.

E. 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 certain real property interests located in the S. McCracken Survey, Abstract No. 817, City of Denton, Denton County, Texas, and generally located on the north side of N Loop 288, west of Sherman Drive. 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 Re-build Project C8)

2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the David Hough Survey, Abstract No. 646, located generally in the 1400 block of South Mayhill Road; and (2) in the in the David Hough Survey, Abstract No. 646, located generally in the 1900 block of South Mayhill Road; and (3) in the David Hough Survey, Abstract Number 646, located generally in the 3900 block of Quailcreek Road, all tracts located 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 & Municipal Landfill)

F. 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, standstill agreements  or moratoria, and take any appropriate action regarding the above in the meeting today’s date as it concerns municipal regulatory authority or matters relating to enforcement of the ordinance, including enacting an ordinance to extend a standstill agreement with EagleRidge Energy, LLC and EagleRidge Operating, LLC or impose a moratorium on gas well drilling and production.

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. Motorcycle Safety and Awareness Month

2. Drinking Water Week in Denton

3. Shelter Thy Neighbor Week

4. Exercise is Medicine Month

5. Proclamation from the Denton Fire Department to recognize the heroic efforts of Denton Landfill Employees who administered aid to save the life of critically ill person.

3. CITIZEN REPORTS

A. Review of procedures for addressing the City Council.

B. Receive citizen reports from the following:

1. Isabel Cano regarding bus shelters.

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 - GG). 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 - GG 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 Council of the City of Denton, Texas, approving a grant application from Brandon Martino, representing RLB Investments, LLC, from the Downtown Reinvestment Grant Program not to exceed $25,000; and providing for an effective date.  The Downtown Task Force recommends approval (14-0). The Economic Development Partnership Board recommends approval (3-2).

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

C. Consider adoption of an ordinance of the City of Denton, Texas restricting parking on both sides of Wainwright Street from its intersection with Prairie Street to its intersection with Sycamore; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date.

D. Consider adoption of an ordinance of the City of Denton, Texas adding Section 18-38 of the Code of Ordinances relating to the use of wireless communication devices while driving; by creating Section 18-38 to prohibit the use of wireless communication devices while operating a motor vehicle except for dialing a number or talking to another person with certain defenses, providing a repealer clause; proving a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance, and providing for an effective date.

E. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2014 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended; and providing for an effective date.

F. Consider adoption of an ordinance authorizing the City Manager to execute a Cooperative Purchasing Program Agreement with the City of Weatherford, Texas under Section 271.102 of the Local 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 5528-Cooperative Purchasing Program Agreement with the City of Weatherford).

G. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas Smart Buy Program for the purchase of five (5) Chevrolet Tahoes for the City of Denton Police Department as awarded by the State of Texas Contract 071-072-A1; and providing an effective date (File 5536-Purchase of Five (5) Tahoes awarded to Reliable Chevrolet in the amount of $138,819.80).

H. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement with the Denton County Transportation Authority (DCTA) under Section 791.001 of the State of Texas Government Code, to authorize DCTA to purchase fuel and fuel management supply services from the City of Denton at a cost of 1.5% of the mark up on gross fuel receipts; authorizing the expenditure of funds therefor; and declaring an effective date (File 5527-Interlocal Agreement with the Denton County Transportation Authority for Fuel Supply and Management Services).

I. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to a Professional Services Agreement by and between the City of Denton, Texas and Lloyd Gosselink, Attorneys-at-Law, for legal services relating to the preparation, development, submittal, and other associated professional legal services required to secure a Municipal Solid Waste (MSW) Facility Permit Amendment (MSW Permit 1590-A) for the City of Denton, Texas MSW Facility; authorizing the expenditure of funds therefor; providing an effective date (File 4703 in the additional amount not-to-exceed $400,000; aggregating a total not-to-exceed $480,000). The Public Utilities Board recommends approval (7-0).

J. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to a Professional Services Agreement for engineering services by and between the City of Denton, Texas and Kimley-Horn and Associates, Inc., for engineering services relating to the Roadway Impact Fee and Rough Proportionality Policy Development for the City of Denton; authorizing the expenditure of funds therefor; providing an effective date (File 5436 in the additional amount not-to-exceed $165,000; aggregating a total not-to-exceed $441,500).

K. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Denton Municipal Electric Building Renovations; providing for the expenditure of funds therefor; and providing an effective date (RFP 5506-awarded to Lemco Construction Services, LP in the amount of $150,000.  The Public Utilities Board will consider this item on May 5, 2014.

L. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the North Lakes Driving Range; providing for the expenditure of funds therefor; and providing an effective date (RFP 5428-awarded to Synthetic Grass Pros in the amount of $184,374).

M. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Hickory Street road improvements from Locust Street to Railroad Avenue; providing for the expenditure of funds therefor; and providing an effective date (Bid 5522-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the amount of $2,747,026.70).

N. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Mayhill Road Improvements Structure Demolition project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5467-awarded to the lowest responsible bidder meeting specification, Midwest Wrecking Co. of Texas, Inc. in the amount of $256,990).

O. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a three (3) year contract for the City of Denton Human Resources Department to utilize an on-line pre-employment background check service, which is 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 5383 awarded to IntelliCorp Records, Inc. in the annual estimated amount of $22,000 for a  three (3) year not-to-exceed amount of $66,000).

P. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of a High Definition (HD) Upgrade including the replacement of cameras, audio, and video equipment for the City of Denton’s  Council Chambers, Work Session Room and Denton Television Control Room for Denton Television (DTV), which is 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 5534 awarded to Media Rushworks, LLC in the not-to-exceed amount of $190,000).

Q. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for Street Microsurfacing for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 5529-awarded to Viking Construction, Inc. in the unit price amount of $3.17 per square yard for a not-to-exceed amount of $375,000).

R. Consider adoption of an ordinance of the City of Denton, Texas, amending Article VII, Chapter 10 "Finance and Taxation" of the Code of Ordinances of the City of Denton to expand eligibility for a tax exemption for historically significant sites; providing for a severability clause; providing a savings clause and providing for an effective date.  The Historic Landmark Commission recommends approval (7-0).

S. Consider approval of a resolution of the City Council of the City of Denton, Texas, amending a policy for tax abatement for the City of Denton to establish guidelines and criteria governing incentive agreements and tax abatement agreements; and declaring an effective date.

T. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Parks Foundation; authorizing and ratifying the expenditure of funds; and providing for an effective date. (Cinco de Mayo - $600)

U. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and The American Heart Association; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($335)

V. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to Execute an Amendment to Interlocal Cooperation Agreement ("Agreement"), by and between the City of Denton, Texas ("City"), and the Denton Independent School District ("DISD"), amending that certain Interlocal Cooperation Agreement, dated on or about July 20, 2004, modifying the term, consideration, and termination provisions of the Agreement; and providing an effective date. (69kV Transmission Line Re-build Project C-8)

W. Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $13,500 of in-kind services and resources for the 2014 Denton Air Show to be held at the Denton Enterprise Airport on June 14, 2014; and providing an effective date.

X. Consider adoption of an ordinance of the City of Denton, Texas, granting the Juneteenth Celebration a three-year exception, 2014, 2015, and 2016, to the limitations imposed by Section 17-20 of the Code of Ordinances of the City of Denton, Texas, granting an increase from 70 to 75 dba loudspeaker amplification and increased hours for three consecutive years, that being: June 13, 2014, 4 p.m. until 11:30 p.m. and June 14, 2014, 10 a.m. until midnight; June 12, 2015, 4 p.m. until 11:30 p.m. and June 13, 2015, 10 a.m. until midnight; June 17, 2016, 4 p.m. until 11:30 p.m. and June 18, 2016, 10 a.m. until midnight; and setting an effective date.  Staff recommends approval of request.

Y. Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $13,500 of in-kind services and resources for the Juneteenth Celebration to be held in Fred Moore Park on June 13-14, 2014; and providing an effective date.

Z. Consider approval of a resolution of the City of Denton, Texas, providing the City’s position to the Texas Department of Transportation pertaining to its proposed Turnback Program; and providing an effective date.

AA. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving an agreement for reconstruction of existing Union Pacific Bridge-Cooper Creek, M.P. 716.40-Choctaw Subdivision, Denton, Texas by Union Pacific Railroad Company, a Delaware corporation, providing for the expenditure of funds therefor; providing an effective date. ($135,000)

BB. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Cisco Networking Equipment and SmartNet Maintenance on Cisco Networking Equipment for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5492-awarded to Presidio Networked Solutions Group, LLC in the three (3) year not-to-exceed amount of $2,890,513).

CC. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as Buyer, and Wilma Haggard (the "Owner"); as Seller, to acquire (i) fee simple to a 1.029 acre tract; (ii) fee simple to a 0.624 acre tract; and (iii) a slope easement encumbering a 0.076 acre tract, all lands located in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being  generally located in the 1900 block of South Mayhill Road; for the purchase price of Two Hundred Ten Thousand Dollars and No Cents ($210,000.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds therefor; and providing an effective date.  (Parcel M136 Haggard - Mayhill Road Widening and Improvements project and Municipal Landfill)

DD. Consider approval of the minutes of :       April 1, 2014       April 7, 2014       April 8, 2014       April 15, 2014       April 22, 2014

EE. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Pavement Markings for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5435-awarded to Stripe-A-Zone, Inc. in the three (3) year not-to-exceed amount of $1,250,000).

FF. Consider approval of a resolution relating to increasing the Texas Municipal Power Agency Commercial Paper Credit Facility and providing for approval of the City thereto; providing an effective date.

GG. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale by and between Dr. Edward F. Wolski, as owner, and the City of Denton, Texas, as buyer, to acquire fee simple to a 10.070-acre tract located in the J.S. Collard Survey, Abstract No. 297, in the City of Denton, Denton County, Texas, generally located north of Riney Road and east of Bonnie Brae Drive, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations, for the purchase price of One Million Two Hundred Fifteen Thousand Seven Hundred Ninety Two Dollars and Twenty Seven Cents ($1,215,792.27), and other consideration, as prescribed in the Contract of Sale as described in the ordinance as attached as Exhibit One; authorizing the expenditure of funds therefor; and providing 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 a 7.393 acre tract (the "Mayhill Tract"); (II) fee simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope Easement (herein so called), encumbering a 0.804 acre tract, each affected tract located in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached hereto and made a part hereof, located generally in the 1400 block of South Mayhill Road (the "Property Interests"), for (A) as concerns the Mayhill tract and the Slope Easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (B) as concerns the Landfill Tract, for the public use of expanding and improving the City of Denton Landfill, a permitted municipal Solid Waste disposal facility; authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interest; authorizing the expenditure of funds therefore: making findings; providing a savings clause; and providing an effective date.  (Parcel 134 RTS&M, LLC- Mayhill Road Widening and Improvements project and City of Denton Landfill, a permitted municipal solid waste disposal facility)

6. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider approval of a resolution approving the naming of the Center for the Visual Arts after Fred and Patsy Patterson and Roy Appleton, Jr. and declaring an effective date.

B. Consider adoption of an ordinance of the City Council of the City of Denton authorizing the City Manager to approve a Settlement Agreement by and between the City of Denton, Texas and EagleRidge Energy, LLC and EagleRidge Operating, LLC relating to locations allowed for gas well drilling in the city, limitations on drilling, operational requirements, gas well site plans, gas well permits, vested rights, and other matters involving EagleRidge’s gas well operations in the city; and further approving a Specific Use Permit to allow gas well drilling and production on a property located within a Neighborhood Residential Mixed Use (NRMU) zoning and use district on approximately 2.64 acres generally located south of Airport Road, east of Interstate 35 West, and west of South Bonnie Brae Street (S09-0007) and as to the Specific Use Permit approval, providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and effective dates.

C. Consider adoption of an ordinance of the City of Denton, Texas approving a second amendment to an Economic Development Program Grant Agreement dated June 15, 2010, between the City of Denton and Allegiance Hillview, L.P., which was duly assigned, in part, to RED Rayzor Ranch, LLC; and providing an effective date.

D. Consider approval of a resolution accepting a petition to annex 40.33 acres of land contiguous to the City of Denton, Texas, located in the northeastern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ); generally located northeast of the City limits, on the west side of Cooper Creek Road approximately 1,200 feet north of Fishtrap Road and 800 feet south of Silver Dome Road and legally described as being a tract of land situated in the Thomas H. Living Survey, Abstract No. 729, Denton County, Texas and being all of a tract of land described in the deed to C.L. Byrom and wife, Anita Byrom as recorded in Volume 308 Page 264 of the deed records of Denton County, Texas. (A14-0001, Windsor Oaks)

E. Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission to accept previously installed windows, flagstone on the floor of the front porch and a wood fence on the northeastern side of the property.  The request also included approval of existing paint on the window trim, chimney of the house, and new construction of a driveway gate on the southeastern side of the house.  The property is located at 1807 N. Bell Avenue and is within a Neighborhood Residential 3 (NR-3) zoning district and the Bell Avenue Historic Conservation District. On April 14, 2014, the Historic Landmark Commission denied the request (8-0).

7. PUBLIC HEARINGS

A. Hold a public hearing and consider approval of a resolution of the City Council of Denton, Texas, making findings that the proposed Rayzor Ranch Public Improvement District No. 1 and the proposed public improvements will promote the interests of the City and confer a special benefit on a definable part of the City; providing that the district and proposed public improvements are feasible and advisable; providing findings with respect to the nature and estimated cost of the proposed public improvements, the boundaries of the district, the method of assessment, and apportionment of costs between the District and the City; authorizing the creation of the District and directing the City Secretary or other officer to publish notice of the creation; and providing an effective date.  The Economic Development Partnership Board recommends approval (7-0).

B. Hold a public hearing and consider adoption of an ordinance amending Subchapter 35.5.7.3 of the Denton Development Code, "General Regulations", to change the Maximum Floor Area Ratio in the Industrial Center General zoning district from 0.4 to 2.0 in 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. (DCA14-0002, Floor Area ratio in Industrial Center General)

C. Hold a public hearing and consider adoption of an ordinance regarding a Specific Use Permit (SUP) to allow construction of a wet weather pump station and detention facility use on a property located in a Neighborhood Residential 2 (NR-2) zoning and use district on approximately 65.94 acres.  The subject property is generally located west of Country Club Road and KCS Railroad, east of Fort Worth Drive, and south of Bent Creek Estate Residential Subdivision; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S14-0002, Hickory Creek Detention Facility) The Planning and Zoning Commission recommends approval (7-0).

D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, denying a request for an Environmentally Sensitive Area Alternative Development Plan on approximately 3.71 acres of land, generally located at the northeast corner of E. University Drive (U.S. 380) and Loop 288, within a Employment Center Industrial (EC-I) zoning district and legally described as within the W. Lloyd Survey, Abstract Number 774, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (ADP13-0004) The Planning and Zoning Commission recommended denial of this request (4-3).  A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.

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.