4. CONSENT AGENDA
A. 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 15, 2012, beginning at 5:00 p.m. and concluding at 11:00 p.m.; and on Saturday, June 16, 2012, beginning at 10:00 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.
C. Consider approval of a resolution approving the 2011 Annual Report for the Tax Increment Finance Zone No.1 (Downtown TIF). The TIF Board recommends approval (6-0).
D. Consider adoption of an ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value contract for street milling services for the City of Denton Street department; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4936-Best Value Bid for Street Milling Services awarded to Dustrol, Inc. in the annual estimated amount of $300,000).
E. Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement (PSA) with Freese and Nichols, Inc. for design services for the new Pecan Creek Water Reclamation Plant Operations Building, and providing for an effective date (File 4893-Design of Pecan Creek Water Reclamation Operations Building awarded to Freese and Nichols, Inc. in the amount of $192,057). The Public Utilities Board recommends approval (5-0).
F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two dry pit submersible pumps from DXP Enterprises, Inc., which are available from only one source and in accordance with the pertinent provisions of 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 4929-Purchase of Two Submersible Pumps for Pecan Creek Water Reclamation Plant in the amount of $115,000). The Public Utilities Board recommends approval (5-0).
G. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.1413 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, known as Lot 23, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, west of Pace Drive (the "Property Interests"), for the public use of expanding, and improving the Denton Municipal Electric Distribution and Transmission System; authorizing the City Manager or his designee to make an offer to Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar Summers Family Living Trust to purchase the Property Interests for the purchase price of One Hundred and Ten Thousand Dollars and No Cents ($110,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
H. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2159 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, west of Pace Drive (the "Property Interests"), for the public use of expanding, and improving the Denton Municipal Electric Distribution and Transmission System; authorizing the City Manager or his designee to make an offer to Dewitt S. Davenport to purchase the Property Interests for the purchase price of One Hundred and Seventeen Thousand Dollars and No Cents ($117,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.398 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1100 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Leroy Barber and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994 to purchase the Property Interests for the purchase price of Fifty Five Thousand Dollars and No Cents ($55,000.00), and other consideration, as prescribed in the Purchase Agreement, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
J. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.198 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1100 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Shirley F. Moon, Individually and as Trustee of the Moon Family Living Revocable Trust to purchase the Property Interests for the purchase price of One Hundred Five Thousand Dollars and No Cents ($105,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
K. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.068 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1200 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Jackie Lee Bridges to purchase the Property Interests for the purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
L. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.997 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1200 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to William A. Elliott and wife, Marilyn M. Elliott to purchase the Property Interests for the purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
M. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.968 acre tract in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1200 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Haeussler Properties, LP to purchase the Property Interests for the purchase price of Two Hundred Eleven Thousand Five Hundred Dollars and No Cents ($211,500.00), as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
N. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.58 acre tract situated in the William Roark Survey, Abstract No. 1087, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally northeast of the intersection of South Bonnie Brae Street and Vintage Parkway (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 JOAB Partners, L.P., a Texas limited partnership to purchase the Property Interests for the purchase price of Seventy Four Thousand Six Hundred Twenty Seven Dollars and No Cents ($74,627.00), and other consideration, as prescribed in the Purchase Agreement, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.
O. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.73 acre tract, situated in the William Roark Survey, Abstract No. 1087, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally southeast of the intersection of South Bonnie Brae Street and Vintage Parkway (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 JOAB Partners, L.P., a Texas limited partnership to purchase the Property Interests for the purchase price of Thirty Eight Thousand Three Hundred Eighty Seven Dollars and No Cents ($38,387.00), and other consideration, as prescribed in the Purchase Agreement, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.
P. Consider adoption of an ordinance of the City of Denton, Texas approving an Estoppel Certificate to Hangars Plus, LLC and Justin State Bank for hangars located at 4846 Lockheed and 4888 Lockheed at Denton Airport; and, providing an effective date. The Council Airport Committee recommends approval (3-0).
Q. Consider adoption of an ordinance approving a First Amendment to a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and GCBSXX LLC for assignment to Sykes-Vaughan Investments, LLC of property located at 4700 Spartan Drive at Denton Airport; and, providing an effective date. The Council Airport Committee recommends approval (3-0).
R. Consider adoption of an ordinance approving a Second Amendment to a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and GCBSXX LLC for assignment to Sykes-Vaughan Investments, LLC of property located at 4780 Spartan Drive at Denton Airport; and, providing an effective date. The Council Airport Committee recommends approval (3-0).
S. Consider approval of a resolution allowing Michaels Memories Organization to be the sole participant allowed to sell alcoholic beverages at the Denton Rugby tournament held in North Lakes Park on May 26, 2012, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommends approval (5-0). Staff recommends approval of the request.
6. CONCLUDING ITEMS
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
May 15, 2012 City Council Regular Meeting
4. CONSENT AGENDA
A. 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 15, 2012, beginning at 5:00 p.m. and concluding at 11:00 p.m.; and on Saturday, June 16, 2012, beginning at 10:00 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.
C. Consider approval of a resolution approving the 2011 Annual Report for the Tax Increment Finance Zone No.1 (Downtown TIF). The TIF Board recommends approval (6-0).
D. Consider adoption of an ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value contract for street milling services for the City of Denton Street department; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4936-Best Value Bid for Street Milling Services awarded to Dustrol, Inc. in the annual estimated amount of $300,000).
E. Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement (PSA) with Freese and Nichols, Inc. for design services for the new Pecan Creek Water Reclamation Plant Operations Building, and providing for an effective date (File 4893-Design of Pecan Creek Water Reclamation Operations Building awarded to Freese and Nichols, Inc. in the amount of $192,057). The Public Utilities Board recommends approval (5-0).
F. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two dry pit submersible pumps from DXP Enterprises, Inc., which are available from only one source and in accordance with the pertinent provisions of 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 4929-Purchase of Two Submersible Pumps for Pecan Creek Water Reclamation Plant in the amount of $115,000). The Public Utilities Board recommends approval (5-0).
G. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.1413 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, known as Lot 23, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, west of Pace Drive (the "Property Interests"), for the public use of expanding, and improving the Denton Municipal Electric Distribution and Transmission System; authorizing the City Manager or his designee to make an offer to Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar Summers Family Living Trust to purchase the Property Interests for the purchase price of One Hundred and Ten Thousand Dollars and No Cents ($110,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
H. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2159 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, west of Pace Drive (the "Property Interests"), for the public use of expanding, and improving the Denton Municipal Electric Distribution and Transmission System; authorizing the City Manager or his designee to make an offer to Dewitt S. Davenport to purchase the Property Interests for the purchase price of One Hundred and Seventeen Thousand Dollars and No Cents ($117,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
I. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.398 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1100 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Leroy Barber and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994 to purchase the Property Interests for the purchase price of Fifty Five Thousand Dollars and No Cents ($55,000.00), and other consideration, as prescribed in the Purchase Agreement, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
J. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.198 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1100 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Shirley F. Moon, Individually and as Trustee of the Moon Family Living Revocable Trust to purchase the Property Interests for the purchase price of One Hundred Five Thousand Dollars and No Cents ($105,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
K. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.068 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1200 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Jackie Lee Bridges to purchase the Property Interests for the purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
L. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.997 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1200 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to William A. Elliott and wife, Marilyn M. Elliott to purchase the Property Interests for the purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00), and other consideration, as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
M. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.968 acre tract in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1200 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Haeussler Properties, LP to purchase the Property Interests for the purchase price of Two Hundred Eleven Thousand Five Hundred Dollars and No Cents ($211,500.00), as prescribed in the Contract of Sale, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date.
N. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.58 acre tract situated in the William Roark Survey, Abstract No. 1087, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally northeast of the intersection of South Bonnie Brae Street and Vintage Parkway (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 JOAB Partners, L.P., a Texas limited partnership to purchase the Property Interests for the purchase price of Seventy Four Thousand Six Hundred Twenty Seven Dollars and No Cents ($74,627.00), and other consideration, as prescribed in the Purchase Agreement, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.
O. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.73 acre tract, situated in the William Roark Survey, Abstract No. 1087, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally southeast of the intersection of South Bonnie Brae Street and Vintage Parkway (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 JOAB Partners, L.P., a Texas limited partnership to purchase the Property Interests for the purchase price of Thirty Eight Thousand Three Hundred Eighty Seven Dollars and No Cents ($38,387.00), and other consideration, as prescribed in the Purchase Agreement, attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.
P. Consider adoption of an ordinance of the City of Denton, Texas approving an Estoppel Certificate to Hangars Plus, LLC and Justin State Bank for hangars located at 4846 Lockheed and 4888 Lockheed at Denton Airport; and, providing an effective date. The Council Airport Committee recommends approval (3-0).
Q. Consider adoption of an ordinance approving a First Amendment to a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and GCBSXX LLC for assignment to Sykes-Vaughan Investments, LLC of property located at 4700 Spartan Drive at Denton Airport; and, providing an effective date. The Council Airport Committee recommends approval (3-0).
R. Consider adoption of an ordinance approving a Second Amendment to a Commercial Operator Airport Lease Agreement between the City of Denton, Texas and GCBSXX LLC for assignment to Sykes-Vaughan Investments, LLC of property located at 4780 Spartan Drive at Denton Airport; and, providing an effective date. The Council Airport Committee recommends approval (3-0).
S. Consider approval of a resolution allowing Michaels Memories Organization to be the sole participant allowed to sell alcoholic beverages at the Denton Rugby tournament held in North Lakes Park on May 26, 2012, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommends approval (5-0). Staff recommends approval of the request.
6. CONCLUDING ITEMS
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.
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