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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 acquisition of a fee simple tract, being Lot 1, Block 2, College Beauty Addition, in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tract referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the 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.

2.

Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition of permanent sanitary sewer easements and temporary construction easements in the B.B.B & C.R.R. Company Survey, Abstract No. 185 and the Hiram Sisco Survey, Abstract No. 1184, generally along the Pecan Creek Tributary in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the necessary easement tracts where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the 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. (Pecan Creek Sanitary Sewer Project - Phase II)

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

1.

Consult with City’s attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction and, (5) discussion of legal bases, legal risks, and possible responsive legal strategies, associated with recent feedback to the City’s gas well code provisions and associated permitting, platting and regulatory practices, both in general and as specifically applied to unplatted portions of proposed developments.

2.

Consultation, discussion, deliberation, and receipt of information from the City’s attorneys regarding contemplated litigation with Denton County Electric Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to disputes concerning franchise issues, where public discussion of these legal matters would clearly 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.

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.	Goodwill Industries of Fort Worth Helping People with Disabilities Day

2.	Presentation of grant from Keep America Beautiful and Waste Management to Keep Denton Beautiful.

3.	National Breast Cancer Awareness Month

4.	Amy Pelzel Appreciation Day

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Willie Hudspeth regarding the Bonnie Brae rezoning.

A.

Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of trucking services for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4453-Annual Contract for Trucking Services awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the annual estimated amount of $200,000).

B.

Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the rental of heavy equipment for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4582-Annual Contract for Rental of Heavy Equipment awarded to the lowest responsible bidder meeting specification for each item, in the annual estimated amount of $750,000)

C.

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 4596-2010-11 Electrical Energy Transmission Fees in the total amount of $1,403,633.03).

D.

Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Lockwood, Andrews & Newman, Inc. for engineering design and construction phase services in connection with the Loop 288 Pedestrian Bridge Project; authorizing the expenditure of funds therefor; and providing an effective date (File 4585 in an amount not to exceed $134,067).

E.	Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the construction of drainage improvements for the City of Denton as specified in Bid 4554-Eagle Drive Drainage Improvements Phase I; and providing an effective date.

F.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined channel, pilot channels, and two outlet structures for the Magnolia Drainage Improvements Phase 1 Detention Pond Project; 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 $149,911.14).

G.

Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a fundraiser held at the North Texas State Fairgrounds on Sunday, October 24, 2010.  The concert will begin at 1:00 p.m. and conclude at 10:00 p.m.  This request is for an exception to the sound ordinance for amplified sound on Sunday.

H.

Consider a request for an exception to the Noise Ordinance for the purpose of performing live music at the residence of 1604 N. Elm Street on Sunday, October 31, 2010, beginning at 9:00 p.m. and concluding at 1:00 a.m.  This request is for amplified sound on Sunday, an extension of hours from 10:00 p.m. for amplified sound, and for the amplified sound to be increased up to 75 decibels.

I.

Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during two outdoor concert events in residential areas hosted by Scott Mulvahill.  The first concert would be located at 1709 W. Oak Street on Friday, October 22, beginning at 9:00 p.m. and concluding at 12:00 a.m.  The second concert would be located at 3000 Montecito on Saturday, October 23, beginning at 8:00 p.m. and concluding at 10:00 p.m.  This request is for an extension of hours for amplified sound from 10:00 p.m. to 12:00 midnight and for an increase in decibels from 65 to 80 for both concerts.

J.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an amendment to Interlocal Cooperation Agreement, by and between the City of Denton, Texas ("City") and the Denton Independent School District ("DISD"), amending that certain Interlocal Cooperation Agreement, dated on or about July 20, 2004, by and between the City and DISD, granting the right to utilize additional street right of way for the DISD fiber optic system; and providing an effective date.

K.

Consider adoption of an ordinance finding that a public purpose and necessity exists to acquire sanitary sewer easements and temporary construction easements and authorizing the acquisition through agreement or eminent domain of variable width sanitary sewer easements and variable width temporary construction easements on the hereinafter described parcels of real property situated in the City and County of Denton, Texas, and all being embraced within the limits of the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract Number 185 and the Hiram Sisco Survey, Abstract Number 1184 for the installation of utilities relating to the "Pecan Creek Interceptor - Phase II Project"; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (6-0).

L.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a real estate contract by and between the City of Denton, Texas and Philip R. Tharp and Joe B. Moore, and any other documents and conveyances that are necessary to acquire 602 Rose Street being Lot 1, Block 2, College Beauty Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 198, Page 365 of the Deed Records of Denton County, Texas; authorizing the expenditure of funds therefor; providing an effective date. (Paisley Street Drainage Improvements)

A.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Bonnie Brae Road Widening and Improvements project: providing for the expenditure of funds therefor; and providing an effective date (File 4520 - awarded to Graham Associates, Inc. in an amount not-to-exceed $5,444,253.00).

B.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Mayhill Road Widening and Improvements project: providing for the expenditure of funds therefor; and providing an effective date (File 4511 - awarded to Freese and Nichols, Inc. in an amount not-to-exceed $4,501,530.00).

C.	Consider nominations/appointments to the City’s Boards and Commissions:

1.	Zoning Board of Adjustment

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinances 86-173 and Ordinance No. 98-324 to amend the boundaries, concept plan and conditions associated with roughly 235.65 acres of land designated as Planned Development 120 (PD-120), located at the southeast corner 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; defining the applicability of obsolete zoning use standards and designations referenced herein; and providing a severability clause and an effective date.  (PDA10-0001, Gardens of Denton)  The Planning and Zoning Commission recommends approval with conditions (7-0).

B.

Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Mack Park for the purpose of a Utility Easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a utility easement; and providing an effective date.  The Parks, Recreation and Beautification Board recommends approval (6-0).

C.

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).

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.