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This section of the agenda allows citizens to speak on Consent Agenda Items only.  Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda.  A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.

A.	Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1.

Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters.

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

1.

Consultation with City’s attorneys with regard to any legal issues that could potentially result from the recent failure of what was referred to as a "Juliet balcony" at 701 Fort Worth Drive, Denton, Texas, and consider the potential legal issues or consequences associated with any amendment of building standards, or the imposition or retrofit of further corrective measures.

A.

U.S. Flag

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

A.	Proclamations/Awards

1.	Presentation of the Government Finance Officers Association Distinguished Budget Award for the City of Denton FY 2010-11 Budget.

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Pamela Mallory regarding traffic in the Wheeler Ridge community.

2.	Donna Woodfork regarding lack of follow-up to citizen reports.

A.

Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2011, on all taxable property within the corporate limits of the city on January 1, 2011, and adopting a tax rate of $0.68975 per $100 of valuation for 2011; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date.

B.	Consider adoption of an ordinance of the City of Denton, Texas, approving the 2011 tax rolls; and providing an effective date.

C.

Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2011-2012 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2011, and ending on September 30, 2012; and declaring an effective date.

D.

Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2011-12 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning October 1, 2011, and ending on September 30, 2012 when the Budget will raise more revenue from property taxes than last year’s budget; and providing an effective date.

A.	Consider adoption of an ordinance approving an Agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an Economic Development Partnership; and providing an effective date.  ($255,193)

B.

Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for Harris Public Utility Billing System and associated Software Modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4770-Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $102,642.68).

C.

Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld)) from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids;  providing for the expenditure of funds therefor; and providing an effective date (File 4773-Purchase of Annual Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA, Inc. in the amount of $128,814.36).

D.

Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for Interactive Voice Response and Outage Management System and associated Software Modules for Denton Municipal Electric (DME) utility available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4774-Purchase of Annual Maintenance for Milsoft Utility Systems awarded to Milsoft Utility Solutions in the amount of $62,282.53).

E.

Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Service for CodeRED Emergency Notification System and CodeRED Weather Warning Service available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for expenditure of funds therefor; and providing an effective date (File 4776-Purchase of Annual Service for CodeRED Emergency Notification and CodeRED Weather Warning Service awarded to Emergency Communications Network, Inc. in the amount of $56,250.00).

F.

Consider adoption of an ordinance awarding a contract for the purchase of continued Software Maintenance and Services for the Laserfiche-DocuNav Document Imaging System currently being used by the City of Denton from VP Imaging, Inc., dba DocuNav Solutions available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4777-Purchase of Annual Maintenance for Laserfiche-DocuNav Document Imaging System awarded to VP Imaging, Inc. dba DocuNav Solutions, in the amount of $57,977.53, the first of three payments, for a total three-year maintenance agreement in the amount of $173,932.59).

G.

Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for VisionAir Public Safety Software System and Associated Modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4781-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $205,381.50).

H.

Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Service Access and Support for Enhanced Data rates for GSM Evolution (EDGE) and 3G (third-generation) wireless computer network from the Texas Department of Information Resources contract (DIR-SDD-597) for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therfor; and providing an effective date (File 4782-Purchase of Annual Service Access and Support for Enhanced Data rates for GSM Evolution (EDGE), and 3G (third-generation) awarded to AT&T Mobility (DIR-SDD-597) in the amount of $129,073.00).

I.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, establishing a Street Improvement Fund; defining and committing certain fees and other revenues of the City; providing a severability clause; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

J.	Consider adoption of an ordinance of the City Council of the City of Denton, Texas, defining the scope, funding source and purpose of the Recreation Fund; providing a severability clause; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

K.	Consider adoption of an ordinance of the City Council of the City of Denton, Texas, defining the scope, funding source and purpose of the Non-Airport Gas Well Fund; providing a severability clause; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

L.	Consider adoption of an ordinance of the City Council of the City of Denton, Texas, adopting Governmental Accounting Standards Board ("GASB") Statement 54; establishing a fund balance policy; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

M.

Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2010-288 for electric service; deleting interruptable power supply (Schedule UPS); amend commercial renewable energy service rider (Schedule CGR) to increase term of agreement and to define participation requirement; amend residential renewable energy service rider (Schedule RG) to define participation requirement; amend general service time of use (Schedule TGS) to define participation requirement; amend economic growth rider (Schedule EGR) to define participation requirement; amend greensense energy efficiency rebate program (Schedule GRP) to define participation requirement; amend distributed generation from renewable sources rider (Schedule DGR) to define participation requirement; providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

N.

Consider adoption of an ordinance amending the schedule of engineering fees contained in Ordinance No. 2010-233; providing an amendment to the right-of-way inspection fee and the right-of-way overtime inspection fee; providing a repealer; providing for a severability clause; providing for an effective date.  The Public Utilities Board recommends approval (5-0).

O.

Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No.  2010-232; amending account and reconnection charges; amending meter charges; amending miscellaneous fees, charges and deposits; providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

P.

Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance No. 2010-231 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton solid waste service; providing for the amendment to the residential refuse and recycling collection services rates and clarification thereof (Schedule SWR); amending the residential multi-family household furniture collection services rate (Schedule SWMFS); amendment to the multi-family chemical collection/recycling rate (Schedule MFR); amendment to the commercial solid waste collection services dumpster rates (Schedule SWC); amendment to the commercial recycling services rate to reflect an increase to the small business recycling cart rate (Schedule SWCR); amendment to the collection and transportation services permit and clarifications (Schedule SWP); amendment to the sanitary landfill services rates (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date.  The Public Utilities Board recommends approval (5-0).

Q.

Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2010-230; providing for an amendment in the rates for residential wastewater service (Schedule SR); amending the mobile home park wastewater service (Schedule SMH); amending the commercial and industrial wastewater service (Schedule SC); amending the commercial/industrial wastewater service which measures with dedicated water meters (sub-meters) (Schedule SCD); amending the commercial /industrial wastewater service which measures with dedicated water meters (sub-meters) (Schedule SCS); amending the septage & chemical toilet disposal at the Pecan Creek Water Reclamation Plant septage transfer station (Schedule SCH); amending the equipment services facilities and restaurant & food service establishments wastewater service (Schedule SEE); amending the metered wastewater inside and outside corporate limits (Schedule SM); amending the sale of treated wastewater effluent (Schedule SGE); amending the wholesale wastewater treatment service for a governmental agency, division or subdivision (Schedule SSC); amending the wastewater tap fees (Schedule ST); amending the on-site sewage facility permit fees (Schedule OSSF); providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

R.

Consider adoption of an ordinance an ordinance amending the schedule of water rates contained in Ordinance No. 2010-229 for water service rates and water rates; amending the residential water service rate (Schedule WR); amending the commercial/industrial water service rate (Schedule WC); amending the metered water from fire hydrant rate (Schedule WFH); amending the wholesale treated water service rate to the Upper Trinity Regional Water District (Schedule WW); amending the wholesale raw water service rate to Upper Trinity Regional Water District (Schedule WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WC1); amending the water tap and meter fees, amending the water laboratory testing fees;  providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

A.

Consider a request for an exception to the Noise Ordinance for an increase in amplified sound from 70 decibels to 75 decibels and for an increase in hours of operation from 10:00 p.m. to 12:30 a.m. on Friday, October 28, 2011, for the Sigma Chi Fraternity’s "Fight Night" amateur boxing match that will take place in the parking lot behind Lucky Lou’s, located at 1209 West Prairie Street. The exception is requested for an increase in amplified sound to 75 decibels from noon to 2:00 p.m. for a sound check and from 7:00 p.m. until 12:30 a.m. for the event. Staff recommends approving the request.

B.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the cast in place concrete portions of the Paisley Street Paving and Drainage Improvements project for the extension and connection of Paisley Street, near Lee Elementary School; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $165,190.88).

C.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Two LifePak 15 Defibrillators from Physio Control, Inc., 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 4822-Purchase of Two Defibrillators for the City of Denton Fire Department in the amount of $75,383.60).

D.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Martha Jensen, proprietor of Mellow Mushroom Pizza Bakery, 217 E. Hickory Street, from the Downtown Incentive Grant Program not to exceed $7,235; and providing for an effective date.  The Economic Development Partnership Board recommends approval (8-0-1).

E.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from John Cartwright, owner of 111 N. Elm Street, from the Downtown Incentive Grant Program not to exceed $5,700; and providing for an effective date.  The Economic Development Partnership Board recommends approval (8-0-1).

F.	Consider approval of the minutes of: August 2, 2011 August 4, 2011 August 9, 2011 August 16, 2011 August 25, 2011

G.	Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a grant application with the United States Environmental Protection Agency for a Brownfield Assessment Grant in the amount of $200,000; and providing for an effective date.

H.

Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 21 of the Code of Ordinances by adding Article IV, Sections 21-60 through 21-65, making it unlawful for certain sex offenders to reside within 1,500 feet of premises where children gather; providing that a culpable mental state is not required for committing an offense under this article of the City of Denton Code of Ordinances; providing for affirmative defenses; providing a repealing clause; providing a savings clause; providing a severability clause; providing for penalty of fine not to exceed five hundred dollars ($500.00); and providing for an effective date.

I.

Consider approval of a resolution of the City of Denton, Texas, in support of the passage of legislation during the 83rd State Legislative Session that will revise the current interpretation of the Texas Administrative Code, such that staff of municipal governments and non-profit housing organizations are not designated as mortgage loan originators and are therefore not required to meet state licensing requirements; and providing for an effective date.

J.

Consider approval of a resolution of the City of Denton, Texas, in support of the passage of legislation during the 83rd State Legislative Session that will allow the release of information to the public prior to action by the governing body, and allow the discussion and presentation concerning requests for proposals in an open meeting; and providing for an effective date.

A.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving the redistricting of the city’s single-member council districts and establishing new district boundary lines based on 2010 Census data for Denton city council elections; directing the city’s redistricting consultant to submit the adopted plan for preclearance under Section 5 of the Federal Voting Rights Act; and providing for an effective date.

B.	Consider nominations/appointments to the City’s boards and commissions.

1.	Health & Building Standards Commission

2.	Public Art Committee

3.	Zoning Board of Adjustment

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Regional Center Commercial Neighborhood (RCC-N) zoning district classification and use designation to a Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation, on 1.441 acres of land located on the north side of Schuyler Road, northeast of Worthington Drive and known as Lot 6, Block A of the Hull Addition, within 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. (Z11-0010, 3412 Schuyler Street)  The Planning and Zoning Commission recommends approval (7-0).

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending an overlay district and approving an amendment to the Quail Creek Special Sign District for 3.5 acres of land within the 35.5 acre district located at the northeast corner of Brinker Road and Quail Creek Boulevard and also known as Lot 1, Block A of the Biolife Plasma Addition, within 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. (SD11-0004, BioLife Plasma Center)  The Planning and Zoning Commission recommends approval with conditions (7-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation; on approximately 0.51 acres of land located on the north side of Fannin Street and east of Avenue A, within 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. (Z11-0009, 1118 & 1120 Fannin St.) 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, providing for a zoning change from a Downtown Residential 2 (DR-2) zoning district classification and use designation to a Downtown Commercial General (DC-G) zoning district classification and use designation on approximately 2.083 acres of land located south of Eagle Drive, west of Bernard Street, east of Beatty Street and north of Fannin Street, within 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. (Z11-0016, Crosswind Village)  The Planning and Zoning Commission recommends approval, subject to a restrictive overlay district (6-1).

E.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Rural Residential 5 (RD-5) zoning district classification and use designation to Industrial Center General (IC-G) zoning district classification and use designation, on 10.49 acres, located on the east side of South Mayhill Road, approximately 468 feet south of Morse Street, 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.  (Z11-0011, Pecan Orchard)  The Planning and Zoning Commission recommends approval (7-0).

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Bob Clifton regarding the proposed budget.

2.	Hatice Salih regarding protocol, decorum and common courtesy during citizen reports; and the proposed budget.

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.	Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.