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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; 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 certain real property interests located in the O.S. Brewster Survey, Abstract No. 56, the James Edmonson Survey, Abstract 400, and the S. Pritchett Survey, Abstract 1004, Denton County, Texas, and located generally in the 1800, 2200, 3100, and 3400 Blocks of South Bonnie Brae 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.

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 Day of Prayer

2.	Motorcycle Safety and Awareness Month

3.	Drinking Water Week in Denton

4.	National Nurses Week

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Nell Yeldell regarding 518 E. Prairie Street and related issues.

A.

Consider a request for an exception to the noise ordinance for amplified sound on June 19 and each Sunday in the month of July for the purpose of the Apollo Nights events.  The events are scheduled for the following dates: Tuesday, June 19, noon - 11:00 p.m., and the following Sundays: July 1, 5:00 p.m. - 10:00 p.m., July 8, 5:00 p.m. - 10:00 p.m., July 15, 5:00 p.m. - 10:00 p.m., July 22, 5:00 p.m. - 10:00 p.m., and July 29, 2012, from 5:00 p.m. until 11:00 p.m. On July 31, 2012, the event will be from 5:00 p.m. until 11:00 p.m. The events will be held in Fred Moore Park. There is no request for an increase in the level of decibels. Staff recommends approval of the request for amplified sound on each of the dates requested.

B.

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 2012 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.

C.

Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Grapevine, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Grapevine contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4949-Interlocal Agreement with City of Grapevine).

D.

Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Six to the contract between the City of Denton and Landmark Structures I, L.P.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4207-Roselawn Elevated Storage Tank Change Order Number Six in the amount of $60,000 for a total contract award of $5,136,302). The Public Utilities Board recommends approval (6-0).

E.

Consider adoption of an ordinance accepting competitive bids and awarding a two year contract for Calcium Hypochlorite Feeders and Products for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4915-Two Year Contract for Calcium Hypochlorite Feeders and Products awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the annual estimated amount of $65,000 for a two year estimated expenditure of $130,000).

F.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.03 acre tract; (ii) a utility and slope easement encumbering a 0.02 acre tract; and (iii) a temporary construction, grading and access easement encumbering a 182 square foot tract, all tracts located in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to and made a part of the ordinance, located generally in the 1800 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to James B. Harrell, Jr. to purchase the Property Interests for the purchase price of Seven Thousand Six Hundred Sixty Seven Dollars and No/Cents ($7,667.00), and other consideration, as prescribed in the Purchase Agreement, as attached to and made a part of the ordinance as Exhibit "B"; authorizing the expenditure of funds therefore; and providing an effective date.

G.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.08 acre tract; (ii) a utility and drainage easement encumbering a 0.04 acre tract; and (iii) a drainage easement encumbering a 0.27 acre tract, all situated in the O.S. Brewster Survey, Abstract Number 56, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to and made a part of the ordinance, located generally in the 2200 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Agnes H. Rogers and Jean M.G. Tunnell, formerly known as Jean M. Goodson, to purchase the Property Interests for the purchase price of Three Thousand Nine Hundred Seventeen Dollars and No/Cents ($3,917.00), and other consideration, as prescribed in the Purchase Agreement, as attached to and made a part of the ordinance as Exhibit "B"; authorizing the expenditure of funds therefore; and providing an effective date.

H.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 7.36 acre tract; (ii) a slope easement encumbering 0.33 acre; (iii) a drainage easement encumbering 1.35 acres; and (iv) a temporary construction, grading and access easement encumbering 0.03 acre, all lands located in Denton County, Texas, and situated in the James Edmonson Survey, Abstract Number 400, as more particularly described on Exhibit "A", attached to and made a part of the ordinance, located generally in the 3100 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Jack Arlyn Parkes and wife, Betty Parkes to purchase the Property Interests for the purchase price of Two Hundred Fifty Five Thousand One Hundred Sixteen Dollars and No/Cents ($255,116.00), and other consideration, as prescribed in the Purchase Agreement as attached to and made a part of the ordinance as Exhibit "B"; authorizing the expenditure of funds therefore; and providing an effective date.

I.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 34.92 acre tract situated in the James Edmonson Survey, Abstract No. 400 and the S. Pritchett Survey, Abstract No. 1004; and (ii) a drainage easement encumbering a 0.42 acre tract situated in the James Edmonson Survey, Abstract No. 400, all tracts located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to and made a part of the ordinance, located generally in the 3400 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to the Marvin Henderson Estate Trust to purchase the Property Interests for the purchase price of Three Hundred Fourteen Thousand, Eight Hundred Sixty Nine Dollars and No/Cents ($314,869.00), and other consideration, as prescribed in the Purchase Agreement, as attached to and made a part of the ordinance as Exhibit "B"; authorizing the expenditure of funds therefore; and providing an effective date.

J.

Consider adoption of an ordinance of the City of Denton, Texas approving an agreed order in the pending enforcement action concerning the City of Denton, Texas, in Docket Number 2012-0092-MLM-E before the Texas Commission on Environmental Quality respecting the alleged unauthorized discharge of sodium hydroxide near the Lake Ray Roberts Water Treatment Plant; authorizing the Mayor to execute said agreed order on behalf of the City; authorizing the City Manager and the City Attorney to act on the City’s behalf in executing any and all other documents and to take other actions necessary to finalize the settlement; authorizing the expenditure of funds therefor; and declaring an effective date.

K.	Consider approval of a resolution of the City of Denton, Texas approving a City Purchasing Policy regarding purchasing preference due to the location of bidder’s principal place of business; and declaring an effective date.

L.

Contract adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to an Agreement for Professional Legal Services with Constangy, Brooks & Smith for professional legal services relating to pending litigation styled Jones v. City of Denton, Cause No. 2011-50255-367, filed in the 367th District Court of Denton County, Texas; authorizing the expenditure of funds therefor in an amount not to exceed $250,000; and providing an effective date.

A.

Reconsider Ordinance No. 2012-088 passed by the City Council in its meeting of April 17, 2012 providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z11-0025)  The Planning and Zoning Commission recommends approval (5-1).

B.

Consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z11-0025)  The Planning and Zoning Commission recommends approval (5-1).

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Bob Clifton regarding the City election.

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.