3. CONSENT AGENDA
A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC, Austin, Texas for further consulting services relating to Task Orders No. 10-D, 10-E, 10-F and 10-G, by approving further Task Orders No. 10-D, 10-E, 10-F and 10-G, regarding providing professional consulting and engineering services supporting Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 4486-Task Orders No. 10-D, 10-E, 10-F and 10-G for an additional amount of not-to-exceed $98,000-being an additional sum to the original Professional Services Agreement in the sum of $67,000; and when totaled with related Task Orders No. 10-A, 10-B, and 10-C a total not-to-exceed amount of $165,000). 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 expenditure of funds for the purchase of Leak Detection Survey Work on water transmission pipelines for the City of Denton Water Department which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4503-Purchase of Leak Detection Survey Work awarded to Pressure Pipe Inspection Company in an amount not to exceed $315,000). The Public Utilities Board recommends approval (4-0).
C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Chris and Cynthia Savino from the Downtown Incentive Grant Program not to exceed $7,935; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-0).
D. Consider a request for an exception to the Noise Ordinance for amplified sound on each Sunday in the month of July for the purpose of the Apollo Time and the Music Time events. Apollo Time and Music Time events are scheduled for the following Sundays: July 4, from 5:00 p.m. until 11:00 p.m., July 11, July 18, and July 25, 2010, from 5:00 p.m. until 10:00 p.m. The events will be held in Fred Moore Park. There is not a request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each Sunday in the month of July.
E. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Denton Parks Foundation to assist with the costs of entertainment, decorations, promotions, and/or children's activities for the 2010 Cinco de Mayo Celebration; providing for the expenditure of funds therefore; and providing for an effective date. ($600)
F. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $4,256,000 to allow the Solid Waste Department to purchase and acquire refuse and recycling equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. The Public Utilities Board recommends approval (4-0).
G. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date.
I. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Real Estate Contract of Sale between the City of Denton and McKenna Park Congregation of Jehovah's Witnesses, and any other documents necessary to acquire an approximate 3.779 acres of land located in the Thomas Toby Survey, Abstract Number 1288, Denton County Texas, and being a portion of Lot 1, Block 1 of Lake Cities Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320, Plat Records, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utility Board recommends approval (4-0).
J. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project, Construction and Demolition Equipment in the amount of $98,000; delegating and authorizing the City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing for an effective date. The Public Utility Board recommends approval (4-0).
K. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project - Recycling and Litter Reduction for $68,000 in the Public Areas of Downtown from the Denton County Courthouse to the new light rail train station; delegating and authorizing the City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing an effective date. The Public Utility Board recommends approval (4-0).
L. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Non-disturbance and Accommodation agreement between the City of Denton, Texas, Rayzor Hillview, L.P., Denton Hillview, L.P., Rayzor Investments, LTD., Range Texas Production, LLC, and Range Production Company regarding lands located in the B.B.B. and C.R.R. Company Survey, Abstract Number 192, Denton County, Texas, and being Lot 1, Block 2 of Rayzor Ranch South, according to the conveyance plat thereof recorded in Cabinet Y, Pages 470-478, Plat Records of Denton County, Texas and adjoining Electric, Communication, Roadway, Access and Utility Easement; and providing an effective date. The Public Utility Board recommends approval (4-0).
M. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann. The House Concert will be located at 616 Woodland Street on Sunday May 23, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sunday. Staff recommends approving the noise exception request.
N. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 28 of the Code of Ordinances to adopt the 2009 International Energy Conservation Code, as published by the International Code Council, and to establish local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00 for violations thereto; providing for severability; repealing all ordinances in conflict herewith; and providing an effective date.
O. 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 2010 - 2014 Consolidated Plan for Housing and Community Development including the 2010 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.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Conduct the second of two (2) readings to consider the adoption of fifteen (15) ordinances under the involuntary annexation procedures for areas exempted from the municipal annexation plan; the Service Plan; and Non-Annexation Development Agreements for qualified parcels within approximately 7,480 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1. The 15 areas are identified and generally located as follows:
3. PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35;
5. DH-1: 315 acres, located east of H. Lively Road; south side of FM 2449; west side of John Paine Road;
6. DH-2: 258 acres, located on the south side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road;
10. DH-6: 9 acres, located on the east side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court;
14. DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and
May 04, 2010 City Council Regular Meeting
3. CONSENT AGENDA
A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a first amendment to a Professional Services Agreement with R. J. Covington Consulting, LLC, Austin, Texas for further consulting services relating to Task Orders No. 10-D, 10-E, 10-F and 10-G, by approving further Task Orders No. 10-D, 10-E, 10-F and 10-G, regarding providing professional consulting and engineering services supporting Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 4486-Task Orders No. 10-D, 10-E, 10-F and 10-G for an additional amount of not-to-exceed $98,000-being an additional sum to the original Professional Services Agreement in the sum of $67,000; and when totaled with related Task Orders No. 10-A, 10-B, and 10-C a total not-to-exceed amount of $165,000). 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 expenditure of funds for the purchase of Leak Detection Survey Work on water transmission pipelines for the City of Denton Water Department which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4503-Purchase of Leak Detection Survey Work awarded to Pressure Pipe Inspection Company in an amount not to exceed $315,000). The Public Utilities Board recommends approval (4-0).
C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Chris and Cynthia Savino from the Downtown Incentive Grant Program not to exceed $7,935; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-0).
D. Consider a request for an exception to the Noise Ordinance for amplified sound on each Sunday in the month of July for the purpose of the Apollo Time and the Music Time events. Apollo Time and Music Time events are scheduled for the following Sundays: July 4, from 5:00 p.m. until 11:00 p.m., July 11, July 18, and July 25, 2010, from 5:00 p.m. until 10:00 p.m. The events will be held in Fred Moore Park. There is not a request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each Sunday in the month of July.
E. Consider adoption of an ordinance of the City of Denton authorizing and ratifying an agreement between the City of Denton, Texas and the Denton Parks Foundation to assist with the costs of entertainment, decorations, promotions, and/or children's activities for the 2010 Cinco de Mayo Celebration; providing for the expenditure of funds therefore; and providing for an effective date. ($600)
F. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $4,256,000 to allow the Solid Waste Department to purchase and acquire refuse and recycling equipment in order to continue providing solid waste refuse and recycling collection operations; and providing an effective date. The Public Utilities Board recommends approval (4-0).
G. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date.
I. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Real Estate Contract of Sale between the City of Denton and McKenna Park Congregation of Jehovah's Witnesses, and any other documents necessary to acquire an approximate 3.779 acres of land located in the Thomas Toby Survey, Abstract Number 1288, Denton County Texas, and being a portion of Lot 1, Block 1 of Lake Cities Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet N, Page 320, Plat Records, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utility Board recommends approval (4-0).
J. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project, Construction and Demolition Equipment in the amount of $98,000; delegating and authorizing the City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing for an effective date. The Public Utility Board recommends approval (4-0).
K. Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project - Recycling and Litter Reduction for $68,000 in the Public Areas of Downtown from the Denton County Courthouse to the new light rail train station; delegating and authorizing the City Manager, or his designee, to act on behalf of the city in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing an effective date. The Public Utility Board recommends approval (4-0).
L. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute a Non-disturbance and Accommodation agreement between the City of Denton, Texas, Rayzor Hillview, L.P., Denton Hillview, L.P., Rayzor Investments, LTD., Range Texas Production, LLC, and Range Production Company regarding lands located in the B.B.B. and C.R.R. Company Survey, Abstract Number 192, Denton County, Texas, and being Lot 1, Block 2 of Rayzor Ranch South, according to the conveyance plat thereof recorded in Cabinet Y, Pages 470-478, Plat Records of Denton County, Texas and adjoining Electric, Communication, Roadway, Access and Utility Easement; and providing an effective date. The Public Utility Board recommends approval (4-0).
M. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann. The House Concert will be located at 616 Woodland Street on Sunday May 23, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sunday. Staff recommends approving the noise exception request.
N. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 28 of the Code of Ordinances to adopt the 2009 International Energy Conservation Code, as published by the International Code Council, and to establish local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00 for violations thereto; providing for severability; repealing all ordinances in conflict herewith; and providing an effective date.
O. 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 2010 - 2014 Consolidated Plan for Housing and Community Development including the 2010 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.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Conduct the second of two (2) readings to consider the adoption of fifteen (15) ordinances under the involuntary annexation procedures for areas exempted from the municipal annexation plan; the Service Plan; and Non-Annexation Development Agreements for qualified parcels within approximately 7,480 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1. The 15 areas are identified and generally located as follows:
3. PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35;
5. DH-1: 315 acres, located east of H. Lively Road; south side of FM 2449; west side of John Paine Road;
6. DH-2: 258 acres, located on the south side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road;
10. DH-6: 9 acres, located on the east side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court;
14. DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and
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