Click here for Agenda Backup

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

1.	Consult with City’s attorneys regarding status and possible disposition of litigation styled Zavo, et al. v. City of Denton, Cause No. 1010-40410-362, currently pending in the 362nd District Court, Denton County, Texas.

2.

Consult with, and provide direction to, the City’s attorneys regarding a proposed enforcement action related to sanitary sewer overflows, 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.

3.

Consult with the City’s attorneys regarding legal issues associated with the exercise of eminent domain to acquire real property interests for public use, including without limitation, statutory procedural requirements related to the initiation of an eminent domain action, 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.

4.

Consult with City’s attorneys with regard to Item # 5A May 7, 2013 Regular Meeting Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

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.	Motorcycle Safety & Awareness Month

2.	Presentation of GFOA Certificate of Excellence in Financial Reporting

3.	Drinking Water Week in Denton

4.	Green Power Partner Proclamation

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1)	Barbara Owens regarding a utility issue.

A.

Consider. a request for an exception to the noise ordinance for the purpose of performing live music by the SuperEstrellas at the La Estrella Mini Market on the corners of McKinney Street and Railroad Avenue on the following Friday and Saturday nights: May 10, 11, 24, 25; June 14, 15, 28, 29; July 12, 13, 26, 27; August 2, 3, 16, 17, 30, 31; September 13, 14, 27, 28; and October 11,12, 25 and 26, from 9:00 p.m. until midnight. This request is for an extension of hours from 10 p.m. to midnight for amplified sound. The amplified sound will remain at the allowable 65 decibels. Staff recommends approving the noise exception for the dates listed.

B.	Consider approving the acceptance of public art entitled, "The Recital," an etching by the late Susan Medler donated by her daughter, Stacy Medler, pursuant to the City of Denton Criteria to Accept Public Art policy. The Parks, Recreation and Beautification Board recommends approval (6-0).

C.	Consider adoption of an ordinance approving a sponsorship in an amount not to exceed $10,000.00 of in-kind services for the Third Annual Susan G. Komen for the Cure, North Texas, to be held in South Lakes Park and the surrounding neighborhoods on September 28, 2013.

D.

Consider a request for an exception to the noise ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration. The event will be located in the Fred Moore Park on Friday, June 14, 2013, beginning at 4 p.m. and concluding at 11:30 p.m.; and on Saturday, June 15, 2013, beginning at 10 a.m. and concluding at midnight. This request is for an exception to the hours of operation and for an increase in sound decibels from 70 to 75 decibels for the amplified sound. Staff recommends approving the requests.

E.

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 2013 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.

F.

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 fifteen (15) solar compacting trash and recycling units for the Solid Waste Division; and providing an effective date (File 5229-Purchase of Fifteen (15) Solar Compacting Trash and Recycling Units awarded to Adrite in the amount of $113,284.80 of which $60,014.90 will be paid by North Central Texas Council of Governments Regional Solid Waste Grant funds). The Public Utilities Board recommends approval (6-0).

G.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Schweitzer Engineering Laboratories, Inc. (SEL)  ICON equipment, factory set up and testing, and on-site training from Schweitzer Engineering Laboratories, Inc., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5224-Purchase of SEL ICON Equipment for Denton Municipal Electric in an amount not-to-exceed $261,902.75). The Public Utilities Board recommends approval (6-0).

H.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a three (3) year expenditure of funds for the purchase of a Geographic Information/Facilities Management System (GIS) software products for core operations, enhanced web-based GIS, and a new Outage Management System from Telvent USA, LLC, which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5225-Purchase of GIS Software Products, Enhanced Web-Based GIS, and Outage Management System in the not-to-exceed amount of $491,813.75). The Public Utilities Board recommends approval (6-0).

I.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of electric utility underground and substation cable for Denton Municipal Electric in a five (5) year not-to-exceed amount of $24,000,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5062-awarded to Techline, Inc. in the not-to-exceed amount of $20,000,000 and Stuart C. Irby Company in the not-to-exceed amount of $4,000,000).

J.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of substation control buildings for Denton Municipal Electric in a three (3) year not-to-exceed amount of $3,090,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5156-awarded to Stuart C. Irby Company). The Public Utilities Board recommends approval (7-0).

K.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the rental of twelve (12) fifteen-passenger vans for the City of Denton Parks and Recreation Department Summer Camp Programs and four (4) cargo vans for the Summer Food Service Program (City will be reimbursed through Texas Department of Agriculture grant funding) in a three (3) year not-to-exceed amount of $172,365; providing for the expenditure of funds therefor; and providing an effective date (RFP 5196-awarded to EAN Holdings, LLC dba Enterprise Rent-A-Car).

L.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of three (3) John Deere 1600 Turbo Series II Commercial Wide Area Mowers for the City of Denton Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 5213-awarded to Lawn-Land in the amount of $135,816).

M.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.418 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 781 and 801 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) Shiron Investments, LLC, a Texas Limited Liability Company; Jorge Maldonado, Maricela Maldonado and Victor Maldonado; and Charles Bloodworth and Merideth Mitchell (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 Hundred Forty Two Thousand Dollars and No Cents ($142,000.00), 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.

N.	Consider approval of the minutes of: April 1, 2013 April 2, 2013 April 9, 2013 April 16, 2013

O.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute an Easement Purchase and Abandonment Agreement, between the City of Denton, Texas ("City") and Atmos Energy Corporation, a Texas and Virginia Corporation ("Atmos"), contemplating (i) the abandonment of a portion of a certain Public Utility Easement (the "Existing Easement") dated on or about May 22, 1972, from Lone Star Gas Company to the City of Denton, Texas, recorded in Volume 648, Page 138, Deed Records, Denton County, Texas, abandoning the existing easement insofar as said existing easement covers and encumbers that certain 0.093 acre tract, located in the Hiram Sisco Survey, Abstract 1184, Denton County, Texas (the "Abandonment Tract"); and (ii) the grant of a Sanitary Sewer Easement and Temporary Construction, Grading and Access Easement (collectively, the "Separate Easement), from Atmos to the City, covering and encumbering 0.293 acre, located in the Hiram Sisco Survey, Abstract No. 1184, all said tracts located generally at the 100 block of North Bradshaw Street; providing for the expenditure of funds; providing a severability provision; and providing an effective date. (Pecan Creek Sanitary Sewer Interceptor - Phase II)

P.

Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute, for and on behalf of the City, an Easement Grant and Abandonment Agreement ("Agreement"), by and between the City and J & S WOOD, L.P., a Texas limited partnership ("Owner"), providing for (a) the  granting to the City of an easement (herein so called) for public utility purposes, encumbering a 0.045 acre tract being more particularly described in the easement, being attached to and made a part of the agreement; and (b) the partial abandonment ("Abandonment") by the City of (i) that certain Sanitary Sewer Easement, dated on or about December 20, 1960, from Henry C. Taliaferro and wife, Katheryn Taliaferro to the City, recorded in Volume 464, Page 194, Deed Records, Denton County, Texas; (ii) that certain Public Utility Easement, dated on or about August 7, 1980, from Calusa Development, Inc. to the City, recorded at Volume 1029, Page 480, Deed Records, Denton County, Texas; (iii) that certain All Purposes Public Utility Easement, dated on or about May 14, 1982, from RepublicBank Dallas, National Association to the City, recorded in Volume 1143, Page 125, Deed Records, Denton County, Texas; and (iv) that certain 16’ Public Utility Easement shown on Lot 1, Block A of the final plat of the James Wood AutoPark Addition, an addition to the City of Denton, Texas, as recorded in Cabinet R, Page 42, Plat Records, Denton County, Texas (collectively, the "Affected Easements"), insofar and only insofar as the affected easements encumber a 0.234 acre tract and a 0.064 acre tract, both tracts being more particularly described in the Abandonment and Release, attached to and made a part of the agreement, all tracts of real property being located in the M.E.P. & P.R.R. Company Survey, Abstract No. 950, Denton County, Texas and being generally located at the 3900 Block, South Interstate Highway 35 East; providing a savings clause; and providing an effective date. (State School Sanitary Sewer Interceptor - Phase II)

Q.

Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute, for and on behalf of the City, an Easement Grant and Abandonment agreement ("Agreement"), by and between the City and 52241, L.P., a Texas limited partnership ("Owner"), providing for (a) the granting to the City of (i) a public utility easement (herein so called) for public utility purposes, encumbering a 0.786 Acre tract, being  more particularly described in the public utility easement, being attached to and made a part of the Agreement; and (ii) a Temporary Construction, Grading and Access Easement ("Temporary Easement"), encumbering 0.488 Acre of land, being more particularly described in the Temporary Easement, being attached to and made a part of the Agreement; and (b) the partial abandonment and release ("Release") by the City of (i) that certain Sanitary Sewer Easement, dated on or about January 1, 1961, from Walter M. Lea and wife, Jane C. Lea to the City, recorded in Volume 464, Page 188, Deed Records, Denton County, Texas; (ii) that certain Public Utility Easement, dated on or about August 7, 1980, from Calusa Development, Inc. to the City, recorded at Volume 1029, Page 480, Deed Records, Denton County, Texas; (iii) that certain All Purposes Public Utility Easement, dated on or about May 14, 1982, from RepublicBank Dallas, National Association to the City, recorded in Volume 1143, Page 125, Deed Records, Denton County, Texas; and (iv) that All Purpose Public Utility Easement, dated on or about October 6, 1981, from Leon McNatt Motor Co. to the City, recorded in Volume 1106, Page 73, Deed Records, Denton County, Texas (collectively, the "Affected Easements"), insofar and only insofar as the Affected Easements encumber a 0.095 Acre tract and a 0.489 acre tract, both tracts being  more particularly described in the Release, attached to and made a part of the Agreement, all tracts of real property being located in the M.E.P. & P.R.R. Company Survey, Abstract No. 950, and the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas and being generally located at the 4000 Block, South Interstate Highway 35 East; providing a savings clause; and providing an effective date. (State School Sanitary Sewer Interceptor - Phase II)

R.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager or his designee to execute a Contract of Sale (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between Denmiss, L.L.C., a Mississippi limited liability company (the "Owner"), and the City of Denton (the "City"), regarding the sale by Owner and purchase by the City of fee simple to a called 4.620 acre tract of land, being situated in the Gideon Walker Survey, Abstract No. 1330, and being all of Lot 1-R, Block A, Phase One of Ronjon Group Business Park, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Q, Page 350, Plat Records Denton County, Texas, located generally along the 1000 block of S. Mayhill Road, north of Gayla Drive, for the public use of expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility, for the purchase price on one million two hundred fifty thousand and no/100 dollars ($1,250,000.00), and certain costs, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; authorizing relocation expenses, if applicable; and providing an effective date.

S.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached hereto and made a part hereof as Exhibit "A", by and between Milton B. Clearman and wife, Anita A. Clearman (collectively, the "Owner"), and the City of Denton (the "City"),  regarding the sale by Owner and purchase by the City of fee simple to a called 1.52 acre tract of land and certain easements encumbering .80 acre, more or less, all lands being situated in the A.N.B. Tomkins Survey, Abstract No. 1246, City of Denton, Denton County, Texas, as more particularly described in the Purchase Agreement, located generally in the 2100 block of South Bonnie Brae Street, for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway, for the purchase price of Three Hundred Thirty Thousand and No/100 Dollars ($330,000.00), and certain costs, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefore; and providing an effective date. (Bonnie Brae Widening and Improvements project - Parcel 21)

A.

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 and 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. The Planning and Zoning Commission recommends approval (7-0). (Z12-0014, Masch Branch Rezoning) The City Council postponed this item to the May 7, 2013 Council meeting (5-1).

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

1)	Public Art Committee

A.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) a Sanitary Sewer Easement encumbering 0.376 acre of real property, and (ii) a Temporary Construction, Grading and Access Easement encumbering 0.360 acre of real property, for the public use of expanding and improving the municipal sanitary sewer system; generally located in the 300 Block of Frame Street, and both tracts being situated in the Buffalo Bayou, Brazos & Colorado Railroad Company Survey, Abstract Number 185, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" and Exhibit "B", respectively, each attached thereto and made a part thereof (collectively, the "Property Interests"); authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefor; making findings; providing a savings clause; and providing an effective date. (Pecan Creek Sanitary Sewer Interceptor - Phase II)

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton’s Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b)(14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0.)

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for approval of a detailed plan for 6.199 acres located within Planned Development 120 (PD-120) zoning district; generally located on the south side of Loop 288, west of the intersection of F.M. 2164/Locust Street and Loop 288, 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. The Planning and Zoning Commission recommends approval (5-1). (PDA12-0006, Gardens of Denton Phase 2)

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 3 ("Procedures") of the Denton Development Code by adding new Section 35.3.13 ("Development Criteria Manual Procedure") establishing criteria for the amendment of Development Criteria Manuals; and by amending Section 35.3.4.A adding a new action item that is required to follow the Zoning Amendment Procedure; and providing for the ratification of existing criteria manuals; and providing for severability and an effective date.

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.