After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in 2nd Tuesday Session on Tuesday, August 14, 2012 at 2:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
NOTE: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen?s opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings.
1. Receive a report, hold a discussion and give staff direction regarding an ordinance to amend the currently adopted 2009 International Energy Conservation Code (IECC).
2. Receive a report, hold a discussion and give staff direction regarding an ordinance to adopt the 2009 International Building Code (IBC), the 2009 International Residential Code (IRC), the 2009 International Plumbing Code (IPC), the 2009 International Mechanical Code (IMC), and the 2009 International Fuel Gas Code (IFGC) as amended by the City.
3. Receive a report, hold a discussion and give staff direction regarding an ordinance to adopt the 2011 National Electrical Code (NEC) as amended by the City.
4. Receive report, hold a discussion, and give staff direction regarding the proposed 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.
5. Receive a report, hold a discussion and give staff direction regarding the prioritization of the bicycle accommodation projects.
6. Receive a report, hold a discussion and give staff direction on the consultant proposal for the design of the Hickory Street Grand Street project that meets the pavement, sidewalks, streetscape and landscape criteria as envisioned in the Downtown Implementation Plan adopted by the City Council.
7. Receive a report, hold a discussion, and give staff direction regarding the FY 2012-2013 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
Following the completion of the 2nd Tuesday Session, the City Council will convene in a Special Called Session to consider the following:
1. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, calling an election to be held on November 6, 2012, within said city on the question of the issuance of $20,400,000 in ad valorem tax supported public securities for street and public art improvements; making provision for the conduct of the election; and containing other provisions incidental thereto; and declaring an effective date.
Following the completion of the Special Called 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.
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with and provide direction to the City's attorneys associated with proposed enforcement related to sanitary sewer overflows and where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas and the City Council of the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
2. Consultation with the City's attorneys regarding the advisability of revising the existing Denton Code of Ordinances provisions dealing with the proper disposal and control of fats, oils and grease into the wastewater stream; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
3. 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 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.
C. 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 a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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.