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| 1. | Citizen Comments on Consent Agenda Items |
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.
| 2. | Requests for clarification of agenda items listed on the agenda for May 15, 2012. |
| 4. | Receive a report, hold a discussion, and provide staff with direction regarding funding for City Council initiatives that were included in the FY 2011-12 Adopted Budget. |
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
| 1. | Closed Meeting: |
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT.
A. Consultation with Attorneys - Under Texas Government Code Section 551.071.
1. Consult with City’s attorneys regarding litigation strategy and the status of litigation styled Zavo v. City of Denton, Cause No. 2010-40410-362, currently pending in the 362nd District Court of Denton County.
B. Consultation with Attorneys - Under Texas Government Code, Section 552.071; and Deliberations Regarding Real Property - Under Texas Government Code, Section 552.072.
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 M.E.P. & P. Railroad Survey, Abstract No. 1473, Denton County, Texas, and located generally in the 2800 block of Paisley Street, west of Pace Drive, within the 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 PUB 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.
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 William Roark Survey, Abstract No. 1087, Denton County, Texas, and located generally at the northeast and southeast corners of intersection of Vintage Boulevard and Bonnie Brae Street, within the 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 PUB 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. 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. Railroad Survey, Abstract No. 927, Denton County, Texas, and located generally along the west side of Mayhill Road, between Gayla Drive and Spencer Road, within the 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 PUB 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.
| 1. | PLEDGE OF ALLEGIANCE |
A. U.S. Flag
B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."
| 2. | PROCLAMATIONS/PRESENTATIONS |
A. Proclamations/Awards
| 3. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Robert Donnelly regarding streets.
| 4. | CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - S). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - S below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the 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.
B. Consider approval of the minutes of: April 2, 2012 April 3, 2012 April 10, 2012 April 17, 2012
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.
| 5. | ITEMS FOR INDIVIDUAL CONSIDERATION |
B. Consider approval of a resolution naming the Rail Trail pedestrian bridge over Loop 288 after Dr. Martin Luther King, Jr.
| 6. | CONCLUDING ITEMS |
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.
| ______________________________ CITY SECRETARY |