AGENDA
CITY OF DENTON CITY COUNCIL
September 11, 2012


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, September 11, 2012 at 3:00 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:

Click here for Agenda Backup

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 September 11, 2012.

3. Receive a report, hold a discussion and give staff direction regarding the City’s Healthy Incentives Program for employees.

4. Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for approximately 700 acres of land located north of Airport Road in the City’s industrially zoned area.

5. Receive a report, hold a discussion, and give staff direction on the proposed revisions to City Ordinance 6-26 (Keeping of Fowl) to allow for urban chickens.

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. 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 Phase I and proposed Phase II 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, moratorium on drilling and production and claims associated therewith, including variance requests for relief from the moratorium, 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.

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

1. Receive competitive public power information and related commercial information from staff pertaining to the proposed operating budget for the Denton Municipal Electric (DME) department for FY 2012-2013, including without limitation, revenues, expenses, commodity volumes, electric power pricing proposal information, system load characteristics, and commitments; and discuss, deliberate, and consider adoption of the budget and provide staff with direction regarding such matters.

2. Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters related to the Request for Proposals No. 4859 issued by the City soliciting proposals for a solar-generated energy facility or facilities for the City of Denton, Texas; discuss, deliberate, provide staff with direction, consider and take final action regarding such matters.

C. Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Section 551.072; Deliberations regarding Certain Public Power Utilities: Competitive Matters -Under Texas Government Code Section 551.086.

1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of fee lands for public purposes situated in the T.M. Downing Survey, Abstract Number 346, the M.E.P. & P.R.R. Company, Abstract Number 927, and the M.E.P. & P.R.R. Company, Abstract Number 1475, all in the City of Denton, Denton County, Texas; and consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts 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 Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation; and receive competitive public power information and competitive financial information from staff regarding plans, proposals for system improvements regarding transmission and distribution systems, and marketing strategies regarding Denton Municipal Electric ("DME"), and discuss, deliberate, provide staff with direction regarding such matters.

D. Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Real Property - Under Texas Government Section 551.072.

1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the M.E.P. & P.R.R. Company, Abstract Number 927, located generally in the 500 block of North Mayhill Road; and (2) in the M.E.P. & P.R.R. Company, Abstract Number 1469, located generally in the 1500 block of North Mayhill Road, all in the City of Denton, Denton County, Texas; and consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts 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 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 proceedings or potential litigation.

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. Blood Cancer Awareness Month

2. Constitution Week

3. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION

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 2012, on all taxable property within the corporate limits of the City on January 1, 2012, and adopting a tax rate of $0.68975 per $100 of valuation for 2012; 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 2012 tax rolls; and providing an effective date.

C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2012-13 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2012, and ending on September 30, 2013; and declaring an effective date.

D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2012-13 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning October 1, 2012, and ending on September 30, 2013 when the Budget will raise more revenue from property taxes than last year’s budget; and providing an effective date.

4. BUDGET 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 - V). 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 - V 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, Texas authorizing the City Manager or his designee, to enter into an Interlocal Agreement with Denton County for the County to provide property tax billing and collection services for the City of Denton; providing a savings clause and providing an effective date.

B. 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 ($226,259).

C. Consider adoption of an ordinance awarding a contract for the purchase of Software Maintenance for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld) software as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-VPC-03-018; providing for the expenditure of funds therefor; and providing an effective date (File 3100-Purchase of Annual Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA, Inc. in the amount of $131,358.91).

D. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Service Access and Support for 3G (third-generation) and 4G/LTE (Long Term Evolution) Wireless Computer Network from the State of Texas Department of Information Resources contract (DIR-SDD-1777) for laptops and cell phones used by City of Denton personnel; providing for the expenditure of funds therefor; and providing an effective date (File 5035-Purchase of Annual Service Access for 3G/4G/LTE awarded to AT&T Mobility in the estimated amount of $72,000).

E. Consider adoption of an ordinance approving the expenditure of funds for Wireless Communication Services as approved by the State of Texas Department of Information Resources (DIR) under DIR Sprint/Nextel contract, DIR-SDD-1780; providing for the expenditure of funds therefor; and providing an effective date (File 5036-Purchase of Annual Wireless Communication Services for Sprint Air Cards and Cell Phones awarded to Sprint/Nextel Network, Inc. in the estimated amount of $105,408).

F. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Maintenance for Harris Public Utility Billing System and associated Software Modules available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4735-Purchase of  Maintenance for Harris Public Utility Billing to Harris Computer Systems Inc., in the annual amount of $106,421.34 with a two year option to renew for an estimated three year total of $326,828.02).

G. 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 Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3881-Purchase of Annual Maintenance for Milsoft Utility Systems awarded to Milsoft Utility Solutions in the amount of $62,282.62).

H. 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 Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for expenditure of funds therefor; and providing an effective date (File 3964-Purchase of Annual Service for CodeRED Emergency Notification and CodeRED Weather Warning Service awarded to Emergency Communications Network, LLC in the annual amount of $44,299.00 for an estimated three year total of $132,897.00).

I. 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 Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 2640-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded VisionAir in the amount of $211,530.96).

J. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Service Access and Support for  3G (third-generation) and 4G/LTE (Long Term Evolution) Wireless Computer network from the Texas Department of Information Resources contract (DIR-SDD-1777) for the Public Safety Mobile Computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing the expenditure of funds therefor; and providing an effective date (File 3561-Purchase of Annual Service Access and Support for Enhanced Data rates for 3G (Third-Generation) and 4G/LTE (Long Term Evolution) awarded to AT&T Mobility (DIR-SDD-1777) in the amount of $123,271.32).

K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of  Summation 360, a product upgrade and hosted solution for the Tele-Works System, along with continued vendor support of the Tele-Works System and associated hardware and software modules available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3869-Purchase of Summation 360 upgrade and maintenance for the Tele-Works System awarded to Tele-Works, Inc., in the amount of $80,881.00).

L. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for continued vendor support of the Municipal Court Incode Software from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids;  providing for the expenditure of funds therefor; and providing an effective date (File 4771-Purchase of Annual Maintenance for Municipal Court Incode Software Package awarded to Tyler Technologies, Inc. in the amount of $54,939.34).

M. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for continued vendor support of the Millennium Library System and associated hardware and software modules available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3224-Purchase of Annual Maintenance for Millennium Library System and associated modules awarded to Innovative Interfaces, Inc. in the amount of $83,053).

N. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Annual Maintenance for ITInvolve Configuration Management Software application and Internet Hosting Services from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4986-Purchase of Annual Maintenance for ITInvolve Configuration Management Software awarded to ITInvolve, Inc. for four (4) one-year terms with a first payment of $32,500 for a total contract award of $130,000).

O. Consider approval of an ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2011-158 for electric service; providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

P. Consider approval of an ordinance amending the schedule of engineering fees contained in Ordinance No. 2011-159; providing an amendment to the public works overtime inspection fee; providing a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

Q. Consider approval of an ordinance of the City of Denton, Texas providing for the confirmation of the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city utilities customers contained in Ordinance No. 2011-160; providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

R. Consider approval of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance No. 2011-161. 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 (Schedule SWR); amending the multi-family household item collection services rate (Schedule SWMFS);  amendment to the commercial solid waste refuse collection services and dumpster rates (Schedule SWC); amendment to the commercial recycling services rate (Schedule SWCR); amendment to the sanitary landfill services rates regarding wholesale municipal solid waste rate per ton (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date.  The Public Utilities Board recommends approval (6-0).

S. Consider approval of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2011-162; 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) water for wastewater billing (Schedule SCD); amending the commercial/industrial wastewater service which measures with dedicated water meters (sub-meters) water excluded from wastewater billing (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 wastewater tap and manhole fees (Schedule ST); adding the collection and transportation services permit (Schedule SWP); providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

T. Consider approval of an ordinance amending the schedule of water rates contained in Ordinance No. 2011-163 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 WCL); amending the water tap and meter fees;  providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (6-0).

U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of an agreement for planning services related to infill, redevelopment and the development review process by and between the City of Denton, Texas and Clarion Associates, LLC, Denver, Colorado; providing for the expenditure of funds therefor; and providing an effective date (File 5053-not-to-exceed $150,000 for agreement for planning services).

5. 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 - V). 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 - V 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 approval of a resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date.  The Audit/Finance Committee recommends approval (2-0).

B. Consider adoption of an ordinance of the City of Denton, Texas, approving an Amendment to an Economic Development Program Grant Agreement dated August 17, 2010 between the City of Denton and Grand Mesa LLC. assigning the agreement to Schlumberger Technology Corporation and providing an effective date.

C. Consider approval of a resolution amending Resolution No. R2009-015 by establishing a standing committee of the City Council of the City of Denton, Texas to be known as the Committee on Citizen Engagement.

D. Consider approval of a resolution of the City Council of the City of Denton, Texas accepting the recommendations made by the Citizens Advisory Oversight Committee appointed by the City Council on April 19, 2005, regarding the five-year capital improvements program, respecting the reallocation of funding of street improvements from Austin Street to the Hickory Street Grand Project; and providing an effective date.

E. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a contract with Alexander Open Systems (AOS), Inc. to provide EMC Avamar Data Backup Solution and Professional Services as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1418; providing for the expenditure of funds therefor and providing an effective date. (File 5028-EMC Avamar Data Backup Solution awarded to Alexander Open Systems (AOS), Inc. as a three year lease purchase agreement through De Lage Landen Public Finance LLC totaling $267,197.52).

F. Consider adoption of an ordinance approving the expenditure of funds for an upgrade to the Supervisory Control and Data Acquisition (SCADA) hardware and software system for Denton Municipal Electric (DME) available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4724-SCADA System upgrade for Denton Municipal Electric awarded to Open Systems International, Inc. (OSI) in the amount of $343,590). The Public Utilities Board recommends approval (5-0).

G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4847-Electrical Energy Transmission Fees for Electric Transmission Texas, LLC in the additional amount of $69,576.90 for a total award of $289,830.60 and Electrical Energy Transmission Fees for Lower Colorado River Authority (LCRA) in the additional amount of $111,809.61 for a total award of $1,057,018.70; for a total expenditure of $1,346,849.30).  The Public Utilities Board recommends approval (5-0).

H. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Innovative Transportation Solutions, Inc. for Transportation Services as set forth in the contract; and providing an effective date (File 4848-Professional Service Agreement for Transportation Consultant Services to Innovative Transportation Solutions, Inc. for a one year contract in the amount of $126,000, with four (4) one-year options to renew, for a not to exceed total award of $630,000).  The Mobility Committee recommends approval (3-0).

I. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement for indefinite Delivery Survey Services on a work order basis for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (File 4948-awarded to Teague Nall and Perkins, Inc. in an amount not-to-exceed $400,000.00).

J. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with CP&Y, Inc. and the City of Denton Solid Waste Division for professional engineering and consulting services; and providing an effective date (File 5045-awarded to CP&Y, Inc. in the amount of $135,000). The Public Utilities Board recommends approval (5-0).

K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of LON GON Odor Control for the City of Denton Landfill from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4887-Purchase of Odor Control Chemicals for the City of Denton Landfill awarded to Enviro Chemical Research in the annual estimated amount of $50,000 for an estimated three year amount of $150,000).

L. Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of Water and Sewer Supplies for the City of Denton Water/Wastewater Department and Project 380; providing for the expenditure of funds therefor; and providing an effective date (Bid 4973-Three Year Contract for Water and Sewer Warehouse Inventory and Project 380-Part A awarded by line item to the lowest responsible bidder meeting specification in the unit price amounts shown on Exhibit A for an annual estimated expenditure of $1,000,000 and a three year estimated total of $3,000,000, and Part B awarded to Fortiline Waterworks in the estimated amount of $534,245.22).

M. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 28 of the Code of Ordinances by revising the 2009 International Energy Conservation Code, as published by the International Code Council, by establishing local amendments thereto; establishing a penalty of a fine not to exceed $2,000.00 for violations hereto; providing for severability; repealing all ordinances in conflict herewith; and providing an effective date.

N. Consider adoption of an ordinance of the City of Denton, Texas amending Sections 28-27, 28-28, 28-33, 28-34, 28-123, 28-124, 28-144, 28-145, 28-251, and 28-252 of the Code of Ordinances of the City of Denton, Texas. to provide for the adoption of the 2009 International Building Code, 2009 International Residential Code for one and two family dwellings, 2009 International Fuel Gas Code, 2009 International Plumbing Code, and the 2009 International Mechanical Code all published by the International Code Council, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; providing for the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures, providing for the regulation and governing of the construction, altering, movement, enlargement, replacement, repair, equipment location, removal and demolition of detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress; providing the regulation and governing of the design construction, quality of materials, erection, installation, alteration, repairs, location, relocation, replacement, addition to, use or maintenance of plumbing and mechanical systems in the City of Denton, Texas; providing for the regulation and governing of fuel gas systems and gas fired appliances; providing for the issuance of permits and collection of fees thereof; providing for amendments thereto; providing for a penalty for violation of a fine not to exceed $2,000.00; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date.

O. Consider adoption of an ordinance amending Article III of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, ("Electrical Code") by repealing the 2005 National Electrical Code with certain amendments and providing for the adoption of the 2011 National Electrical Code with certain deletions and amendments; providing for a penalty in the amount of $2,000.00 for violations thereof; and providing for an effective date.

P. Consider adoption of an ordinance amending Chapter 29 of the Code of the City of Denton, Texas, to provide for the adoption of the International Fire Code, 2009 Edition; providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of $2,000.00 for violations thereof; providing for severability; repealing all ordinances in conflict therewith; and providing for an effective date.

Q. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.289 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, located in the City of Denton, Denton County, Texas, as more particularly described on "Exhibit  "A", attached to the ordinance, located generally in the 1500 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth Edwards and William Warren Edwards; (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Twenty Four Thousand Four Hundred Twenty Two Dollars and No Cents ($24,422.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.

R. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 2.115 acre tract; and (II) a slope easement, encumbering a 0.202 acre tract, each located in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A", attached to the ordinance, located generally in the 500 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) 551 Mayhill Joint Venture; (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of One Hundred Sixteen Thousand Eight Hundred Fifty Four Dollars and No Cents ($116,854.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.

6. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider appointments to the Council Committee on Citizen Engagement.

B. Consider nominations/appointments to the City’s Boards & Commissions.

1. Airport Advisory Board

2. Community Development Advisory Committee

3. Health & Building Standards Commission

4. Human Services Advisory Committee

5. Parks, Recreation and Beautification Board

6. Planning and Zoning Commission

7. Public Art Committee

8. Public Utilities Board

C. Consider approval of a resolution of the City of Denton declaring the completion of the work of the Special Citizens Bond Advisory Committee for the 2012 street bond election; and declaring an effective date.

D. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music for the Mexican Independence Day Fair at the corner of McKinney Street and Railroad Avenue in the vicinity of La Estrella Mini Market on Saturday, September 15, 2012, beginning at 4:00 p.m. and concluding at 1:00 a.m.  This request is for an extension of hours from 10:00 p.m. to 1:00 a.m. for amplified sound.  The amplified sound will remain at the allowable 70 decibels.  Staff recommends extending the hours for amplified sound until 12 midnight.

E. Consider adoption of an ordinance amending Ordinance No. 2012-024, as amended by Ordinance. No. 2012-126, establishing a moratorium on certain gas well permits for gas well drilling and production activities within the corporate limits of the City of Denton, Texas by redefining exemptions, providing definitions and replacing terms; establishing exclusions and revising variance procedures; providing for extension of the moratorium; providing a cumulative clause; providing a severability clause; and providing an effective date.

7. 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 ___________________, 2012 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.