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

1.

Consult with City’s attorneys regarding legal rights, restrictions and obligations associated with real and personal property located at the Denton Municipal Landfill, and with the potential lease of such real and personal property to third parties, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.  To the extent that discussion of the lease of such real property to third parties might place the City at a disadvantage in negotiations, that component may be excepted under Section 551.072 as well.

2.

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.

3.

Consultation with the City’s attorneys regarding legal issues associated with the potential condemnation of real property interests located in the O.S. Brewster Survey, Abstract No. 56, located generally in the 1700 Block of South Bonnie Brae Street, 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; and 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 acquisition of a tract of fee land for public purposes situated in the Gideon Walker Survey, Abstract Number 1330, in the City of Denton, Denton County, Texas, generally located at south Mayhill Road north of Gayla Drive.  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 regarding expanding and improving the City of Denton Landfill, a permitted municipal solid waste disposal facility. (Wilson - Landfill)

2.

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 T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, and located generally along the south side of East McKinney Street, approximately 0.3 miles east of Woodrow Lane. 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. (Vela - 69kV DME)

3.

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 M.E.P. & P.R.R. Co. Survey, Abstract No. 1475, City of Denton, Denton County, Texas, and located generally along the 2500 block of East McKinney Street. 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. (Dillard - 69kV DME)

C.	Consultation with Attorney - Under Texas Government Code Section 551-071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.

1.

Receive a report and hold a discussion with the city’s attorneys regarding the creation of a Tax Increment Reinvestment Zone on property located north of Airport Road near the Denton Airport where such discussion involves legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.  Also hold a discussion regarding financial information the City Council will review, including the potential offer of financial or other incentives, concerning the development of an industrial park on approximately 700 acres located north of Airport Road near the Denton Airport.

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.	Presentation by the American Heart Association to Denton as a Fit Friendly Employer.

2.	Police Appreciation Day

A.	Consider approval of the minutes of: November 5, 2012 November 6, 2012 November 13, 2012 November 19, 2012

B.

Consider adoption of an ordinance accepting bids and awarding a public works contract for the renovation of the Heating Ventilation and Air Conditioning (HVAC) System at the City of Denton Martin Luther King Recreation Center; providing for the expenditure of funds therefor; and providing an effective date (Bid 5020-awarded to Integrity Texas Construction LTD. in the amount of $116,431).

C.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem-Lime from Texas Industries Inc. (TXI), 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 5048-Purchase of Dry Cem-Lime and Cem-Lime Super Slurry for Street Department in the annual estimated amount of $300,000 for a five year estimated total of $1,500,000).

D.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of LifePak 15 Defibrillators from Physio Control, Inc., which are 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 5123-Purchase of Defibrillators for the City of Denton Fire Department in the estimated amount of $560,000 for the replacement of fourteen units over a five (5) year period).

E.

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 Cooperative Purchasing Program for the purchase of Polymer for the City of Denton Pecan Creek Water Reclamation Plant as awarded by the State of Texas Contract 885-M1(885-77); and providing an effective date (File 5025-Polymer for Pecan Creek Water Reclamation Plant awarded to Polydyne Inc. in the unit price amount of $1.07/lb for an estimated annual amount of $90,000 with four (4) one year renewal options). The Public Utilities Board recommends approval (6-0).

F.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Fiber Optical Ground Wire (OPGW) for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5030-Supply of Electric Utility OPGW Transmission Conductor awarded to Techline, Inc. in the not to exceed amount of $630,000).  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 69kV and 138kV Substation Switches for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5071-Supply of Electric Utility 69kV and 138kV Substation Switches awarded to Southern States, LLC in the not to exceed amount of $5,850,000).  The Public Utilities Board recommends approval (6-0).

H.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Polymer Insulators for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5075-Supply of Polymer Insulators awarded to Techline, Inc. in the not to exceed amount of $590,000).  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 porcelain station post insulators for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5023-Supply of Porcelain Station Post Insulators awarded to Victor Insulators, Inc. in the not to exceed amount of $280,000).  The Public Utilities Board recommends approval (6-0).

J.

Consider adoption of an ordinance accepting competitive proposals and awarding contracts for the purchase of electric utility 69kV and 138kV instrument transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5064-Supply of Electric Utility 69kV and 138kV Instrument Transformers awarded to ABB HVIT in the not to exceed amount of $2,290,000, Alstom Grid, Inc. in the not to exceed amount of $200,000, and Trench Limited in the not to exceed amount of $50,000 for a total award amount not to exceed $2,540,000).  The Public Utilities Board recommends approval (6-0).

K.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Phase Over Phase 138kV Pole Mounted Gang Operated Air Break (GOAB) Switches for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5065-Supply of Phase Over Phase 138kV Pole Mounted Gang Operated Air Break (GOAB) Switches awarded to Stuart C. Irby Company in the not to exceed amount of $470,000).  The Public Utilities Board recommends approval (6-0).

L.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of electric utility transmission conductor (Cumberland and Lupine) for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5066-Supply of Electric Utility Transmission Conductor (Cumberland and Lupine) awarded to Stuart C. Irby Company in the not to exceed amount of $1,410,000).  The Public Utilities Board recommends approval (6-0).

M.

Consider adoption of an ordinance on second reading granting to Oncor Electric Delivery Company LLC a non-exclusive franchise for the purpose of constructing, maintaining, and using an electric delivery utility system in the City of Denton; regulating the construction work done by the grantee in the City; requiring joint use of poles, trenches, and conduits in certain instances; prescribing the relationship and relative rights between grantee and others with respect to construction in the City and location of facilities; prescribing the duties, responsibilities, and rule making authority of the City Manager and the City with respect to administration of this franchise; requiring certain records and reports and providing for inspections and location of principal offices; reserving to the governing body of the City the right to set charges and rates of grantee; providing the rights and responsibilities of the governing body in setting the rates; providing for enforcement of the franchise; prescribing the compensation to the City from the grantee for the franchise privilege; providing for assignment of the franchise; providing indemnity of the City and its employees; providing for good faith effort; providing for insurance; setting forth the term of the franchise and its renewal; repealing Ordinance No. 2001-405 as amended; providing for acceptance of the franchise by grantee; finding that the meeting at which this Ordinance is passed is open to the public; providing for severability; and providing an effective date. (Second Reading)

N.

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 corner of McKinney Street and Railroad Avenue, for each Friday night beginning December 7, 2012, through January 11, 2013, from 8:00 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 the exception be granted until midnight.

O.

Consider adoption of an ordinance 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 the City of Denton (the "City"), and Gary Dennis Dillard (the "Seller") contemplating the sale by Seller and purchase by City of a 3.480 acre tract of land, more or less, being generally located in the 2500 block of east McKinney street and situated in the M.E.P. & P.R.R. CO. Survey, Abstract Number 1475, City of Denton, Denton County, Texas (the "Property Interests"); for the purchase price of Three Hundred Ninety Thousand and No/100 Dollars ($390,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the contract of sale; authorizing the expenditure of funds therefore; authorizing, to the extent applicable, relocation expenditures; and providing an effective date. (69kV Transmission Line Re-build Project)

P.

Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Cooperation Agreement between Denton County, Texas, and the City of Denton, Texas accepting Denton County’s donation of the Waide Road Bridge and agreeing to accept the financial responsibility for any relocation, storage, refurbishing, and transportation expenses necessitated by this agreement and associated with the bridge; and providing for an effective date.

A.	Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 35.3.8 of the Denton Development Code concerning the adoption of the vested rights determination revisions. (DCA12-0007)

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from a "Neighborhood Centers" future land use designation to a "Community Mixed Use Centers" future land use designation on approximately 2.2 acres of land located on the west side of Teasley Lane (2181), between Hickory Creek Road to the north and Old Alton Road to the south, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (CA12-0003)  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 zoning change from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a Community Mixed Use General (CM-G) zoning district and use classification on approximately 2.2 acres of land located on the west side of Teasley Lane (2181), between Hickory Creek Road to the north and Old Alton Road to the south, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z12-0007)  The Planning and Zoning Commission recommends approval (7-0).

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 utility and slope easement encumbering  0.05 acre of real property; and (II) a temporary construction, grading and access easement encumbering 0.08 acre of real property, for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway located in the City of Denton, Texas, generally located in the 1700 block of South Bonnie Brae Street, and situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" and Exhibit "B", respectively, each attached to the ordinance 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 therefore; making findings; providing a savings clause; and providing an effective date. (Parcels 7 and 8 - Martin - Bonnie Brae Widening and Improvements project)

B.

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) fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of an approximate 7.36 acre tract of real property; (II) a slope easement encumbering 0.33 acre of real property; (III) a drainage easement encumbering 1.35 acres of real property; and (IV) a temporary construction, grading and access easement encumbering 0.03 acre of real property, for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway located in the City of Denton, Texas, generally located in the 3100 block of South Bonnie Brae Street, and situated in the James Edmonson Survey, Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A", Exhibit "B", Exhibit "C" and Exhibit "D", respectively, each attached to the ordinance 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 therefore; making findings; providing a savings clause; and providing an effective date. (Parcel 35 - Parkes - Bonnie Brae Widening and Improvements project)

C.

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) fee simple to the surface estate, with waiver of surface use related to the mineral estate, of an approximate 0.07 acre tract of real property; (II) a utility and slope easement encumbering a 0.07 acre tract of real property; (III) a utility and drainage easement encumbering a 0.01 acre tract of real property; (IV) a drainage easement encumbering a 0.03 acre tract of real property (V) a slope easement encumbering a 213 square foot tract of real property; and (VI) a temporary construction, grading and access easement encumbering a 0.08 acre tract of real property, for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway located in the City of Denton, Texas, generally located in the 2200 block of South Bonnie Brae Street, and situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit "E" and Exhibit "F", respectively, each attached to the ordinance 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 therefore; making findings; providing a savings clause; and providing an effective date. (Parcel 24 - Watts - Bonnie Brae Widening and Improvements project)

A.	Receive a report and hold a discussion regarding the status of the widening of U.S. Highway 380.

B.	Receive comments from the public and hold a discussion regarding the Phase II amendments of the City’s Gas Well Ordinance.

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.