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

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 Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, and located generally along the 1000 block of S. Mayhill Road, north of Gayla 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.

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

1.

Consult with and provide direction to City’s attorneys regarding legal issues associated with the regulation of gas well drilling and production with the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, current and proposed statutory limitations upon municipal regulatory authority, current and proposed statutory preemption and/or impacts of current and proposed federal and state law, including case law, regulations, and proposed legislation as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance.

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.	National Community Development Week

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1)	Robert Donnelly regarding Mayhill Road and city use of condemnation.

A.

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 for the purchase of temporary labor services for various City departments as awarded by the State of Texas Contract 962-M3; and providing an effective date (File 5215-Purchase of Temporary Labor Services awarded to TIBH Industries, Inc. (Central Non-Profit Agency) in the estimated annual amount of $150,000)

B.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one Bucket Truck for the Electric Operations division; and providing an effective date (File 5209-Purchase of Bucket Truck awarded to Southwest International Trucks, Inc. in the amount of $191,038.91. The Public Utilities Board recommends approval (6-0).

C.

Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Frisco, Texas under Section 271.102 of the Local Government Code, to authorize mutual participation in various City of Frisco and City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5214-Interlocal Agreement with City of Frisco).

D.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional and Personal Services Agreement by and between the City of Denton, Texas and W&M Environmental Group, Inc. for engineering services and personal services pertaining to the completion of a leaking petroleum storage tank closure request, Voluntary Cleanup Program project management, and miscellaneous action items needed to obtain a Voluntary Cleanup Program Certificate of Completion and site closure for a two (2) acre tract of land situated generally at the southeast corner of Oakland Street and East McKinney Street, in Denton, Texas; authorizing the expenditure of funds therefor; providing an effective date (File 5204 in an amount not-to-exceed $154,000).

E.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the clearing of sanitary sewer easements and installation of gates at multiple locations as specified in Bid 5171-Sanitary Sewer Easement Clearing and Gate Installation; providing for the expenditure of funds therefor; and providing an effective date (Bid 5171-awarded to the lowest responsible bidder meeting specification, DCI Contracting, Inc. in the not to exceed amount of $318,860.00). The Public Utilities Board recommends approval (6-0).

F.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for water and wastewater improvements as specified in Bid 5181-Cooper Creek Interceptor III; providing for the expenditure of funds therefor; and providing an effective date (Bid 5181-awarded to the lowest responsible bidder meeting specification, Condie Construction Company, Inc. in the amount of $990,958). The Public Utilities Board recommends approval (6-0).

G.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of High Density Polyethylene Pipe (HDPE) for use in the City of Denton Landfill in a three (3) year amount not to exceed $150,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 4892-awarded to Gajeske, Inc.).  The Public Utilities Board recommends approval (7-0).

H.

Consider approval of an ordinance finding that a public use and necessity exists to acquire fee simple to a 4.620 acre tract situated in the Gideon Walker Survey, Abstract No. 1330, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally at 1001 South Mayhill Road (the "Property Interests"), for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility; authorizing the City Manager or his designee to make an offer to (1) Denmiss Corporation, a Mississippi corporation, Dynamic Color Images, Inc., a Texas corporation, d/b/a Gameguard Camouflage and Elite Creative Solutions, L.L.C., a Texas limited liability company (collectively, the "Owner"); (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 Million Two Hundred Fifty Thousand Dollars and No cents ($1,250,000.00), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.

I.

Consider a request for an exception to the Noise Ordinance for the purpose of the Texas Tea Music Fest hosted by RedStarr Entertainment, LTD to be held at the North Texas State Fairgrounds on Friday and Saturday, May 24 and 25, 2013, beginning at noon and concluding at 11 p.m. The exception is requested for extension of the hours of operation.  There is no request to exceed the allowable 70 decibels.  Staff recommends approval of the requested exception to the noise ordinance.

J.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the National Intergovernmental Purchasing Alliance Company (National IPA) for the purchase of gasoline and diesel fuels for the City of Denton as awarded by Contract#09-0112; and providing an effective date (File 5208-Purchase of Gasoline and Diesel Fuels awarded to Martin Eagle Oil Company, Inc. in the annual estimated amount of $5,500,000).

K.

Consider adoption of an ordinance abandoning and vacating (1) a portion of a 2.322 acre drainage easement (herein so called) granted to the city of Denton, Texas, pursuant to that certain drainage easement, accepted by the city of Denton on March 15, 2007, from D.R. Horton - Texas, Ltd., and recorded as Instrument No. 2007-30855, Real Property records, Denton County, Texas, and (2) a 0.693 acre public drainage easement (herein so called), granted to the city of Denton, Texas, pursuant to that certain public drainage easement, accepted by the city of Denton on September 21, 2011, from D.R. Horton - Texas, Ltd., and recorded as Instrument No. 2011-91225, Real Property records, Denton County, Texas (the 2.322 acre drainage easement and the 0.693 acre public drainage easement are collectively referred to herein as the "drainage easements"), said drainage easements located in the William Roark survey, abstract no. 1087, Denton County, Texas; and declaring an effective date. (Meadows of Hickory Creek Subdivision)

L.	Consider approval of a tax refund for the following property taxes: Name Reason Tax Year Amount Target Corporation DCAD Supplemental Change 2012 $ 6,882.83

M.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute an engagement arrangement with Burford & Ryburn, L.L.P. for legal services regarding condemnation matters related to the Bonnie Brae Street Widening and Improvements project; authorizing the expenditure of funds therefor; and providing an effective date.

N.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute an engagement arrangement with Burford & Ryburn, L.L.P. for legal services regarding condemnation matters related to the Mayhill Road Widening and Improvements project; authorizing the expenditure of funds therefor; and providing an effective date.

A.

Consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a basic utility; a DME Electric Substation, on approximately 8.75 acres of land within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; located west of Loop 288, south of Audra Lane, and directly east of Audra Meadows, Phase 2 Subdivision, within 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. (S12-0005, DME Audra Substation)  The Planning and Zoning Commission recommends approval (5-0).

A.

Hold a public hearing in accordance with Chapter 26 of the Texas Parks and Wildlife Code and consider adoption of an ordinance authorizing the City Manager or his designee to execute on behalf of the City of Denton, Texas an Agreement, contemplating a real estate conveyance from the City of Denton to the State of Texas, of a 5,689 square foot tract of real property, located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 950, Denton County, Texas, being a portion of Lot 1, Block 1, of the Briercliff Park Addition, an addition to the City of Denton, Denton County, Texas, recorded under County Clerk’s Number 2009-6 of the Official Records of Denton County, Texas and being a portion of the tract conveyed by deed to the City of Denton, recorded under County Clerk’s Number 2004-56699 of the official records of Denton County, Texas, and generally located at 3200 State School Road, Denton, Texas; authorizing execution of a Deed Without Warranty conditionally effectuating such real estate conveyance; and providing an effective date.  The Parks, Recreation and Beautification Board recommends approval (7-0.)

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Rural Residential (RD-5) zoning district classification and use designation to an Employment Center Industrial (EC-I) zoning district classification and use designation for approximately 27.76 acres of land, generally located north of University Drive and west of Masch Branch Road, legally described as Lot 2, Block 1 of the Marriott Gardens Addition, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing a severability clause and an effective date.  (Z12-0014, Masch Branch Rezoning)  The Planning and Zoning Commission recommends approval (7-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from "Employment Center" Future Land Use Designation to "Existing Land Use" Designation on approximately 8.532 acres of land located east of Loop 288 and north of University Drive (US 380); 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. (CA12-0004, Spring Valley Estates)  The Planning and Zoning Commission recommends approval subject to conditions (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 Employment Center Industrial (EC-I) zoning district classification and use designation to a Neighborhood Residential 3 (NR-3) zoning district classification and use designation on approximately 8.532 acres of land located east of Loop 288 and north of University Drive (US 380), 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. (Z12-0009, Spring Valley Estates)  The Planning and Zoning Commission recommends approval subject to conditions (7-0).

E.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation to Regional Center Residential 2 (RCR-2) zoning district classification and use designation, on 6.963 acres, located on the north and east sides of Shoreline Drive, west of Unicorn Lake Boulevard, 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.  (Z12-0012, Unicorn Lake Multifamily)  The Planning and Zoning Commission recommends approval (4-3).

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.