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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 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1.

Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters.

B.	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 and value of easement lands for public purposes situated in  the Gideon Walker Survey, Abstract Number 1330, situated in the City of Denton, Denton County, Texas; and Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests 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 the 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.

C.	Deliberation Regarding Personnel Matters - Under Texas Government Code Section 551.074.

1.	Review and discuss the evaluation, duties and status of goals established for the City Manager.

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.	Fall Prevention Awareness Month

2.	United Way of Denton County Month

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Jerry Vela regarding the naming of a new soccer field complex.

2.	Rudy Rodriguez regarding the naming of a new soccer field complex.

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Dorothy Damico regarding the naming of a new soccer field complex.

2.	Don Smith regarding the naming of a new soccer field complex.

3.	Popo Gonzalez regarding the naming of a new soccer field complex.

A.

Consider a request for an exception to the Noise Ordinance for the purpose of the 35 Denton Presents: Hot Wet Mess music festival. The event will be held in the North Texas State Fairgrounds on Saturday, September 1, 2012, from noon to 10:00 p.m. The exception is specifically requested to increase decibels for amplified sound from 70 to 75 decibels.

B.

Consider approval of a resolution approving the issuance of Revenue Bonds by the Housing Finance Development Corporation (HFDC) of Central Texas, Inc. (Lutheran Social Services Of The South Obligated Group Project), Series 2012 in an estimated aggregate principal amount not to exceed $24,000,000; recognizing that the City Of Denton is not responsible for issuing the bonds and has no financial obligation to pay any principal or interest on the bonds; making certain findings in connection therewith; and providing an effective date.

C.

Consider adoption of an ordinance accepting competitive bids and awarding a four year contract for the purchase of Fiber Optic Cable for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4937-Four Year Contract for Supply of Fiber Optic Cable awarded to the overall lowest responsible bidder meeting specification Stuart C. Irby Company for an annual estimated expenditure of $57,500 and a four year estimated total of $230,000).

D.

Consider approval of the Parks, Recreation and Beautification Board’s recommendation to purchase a cast stone sculpture, Ecce Homo, by Octavio Medellin from the Russell Tether Fine Art Galley as public art for the City of Denton. The sculpture will cost $5,000 and is pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0).

E.

Consider approval of the Parks, Recreation and Beautification Board’s recommendation to purchase a drawing by Coreen Mary Spellman from the Beuhler Fine Art Galley as public art for the City of Denton. The drawing, which will cost $900, is pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0).

F.

Consider approval of the Parks, Recreation and Beautification Board’s recommendation to purchase a lithograph, The Slide, by Coreen Mary Spellman from the David Dike Fine Arts Galley as public art for the City of Denton. The lithograph, which will cost $750, is pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0).

G.	Consider approving the acceptance of copies of art by Martha Robbins donated by Amanda Addington as public art; pursuant to the City of Denton’s Donation of Public Art policy. The Parks, Recreation and Beautification Board recommends approval (5-0).

H.	Consider approving the acceptance of six watercolor paintings by the late Rob Erdle, donated by Millie Giles, as public art; pursuant to the City of Denton Criteria to Accept Public Art policy. The Parks, Recreation and Beautification Board recommends approval (5-0).

I.	Consider approval of the minutes of: July 16, 2012 July 17, 2012 August 2, 2012

J.

Consider adoption of an ordinance of the City of Denton, Texas, approving an Interlocal Agreement by and between the City of Denton, Texas, and the City of Highland Village, Texas, for the City of Denton Municipal Court to provide a teen court program for the City of Highland Village; providing a ratification clause; and providing an effective date.  The Audit/Finance Committee recommends approval (2-0).

K.

Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to "utilities," and hereby repealing Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article XII - Liquid Waste, Divisions 1, 2, 3 and 4; providing for the purpose and policy of the ordinance; providing for the incorporation by reference of the provisions and recitations contained in the preamble of the ordinance into the ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in Section 26-153 of this chapter; providing for other definitions; providing for installations of grease traps for new facilities and existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing for manifest requirements for persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the City Manager or his designee may seek any and all enforcement remedies necessary to ensure continued compliance; providing a savings clause; providing a misdemeanor punishment of not-to-exceed $2,000 per day for violations of this ordinance for any provision of the ordinance that governs the public health and sanitation, or fails to comply therewith or with any requirements thereof, or a permit or certificate issued thereunder; providing a civil penalty not-to-exceed $5,000 per day for violations of this ordinance that relates to point source effluent limitations, or the discharge of pollutant, other than a non-point source, into a sewer system, including a sanitary or storm water sewer system owned by the city; providing that any person or entity violating this ordinance shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued; together with other designated legal and equitable remedies that are available to the city; providing for publication thereof; and providing for an effective date.

L.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a .07 acre tract; (II) a utility and slope easement encumbering a 0.07 acre tract; (III) a utility and drainage easement encumbering a .01 acre tract; (IV) a drainage easement encumbering a .03 acre tract; (V) a slope easement encumbering a 213 square foot tract; and (VI) a temporary construction, grading and access easement encumbering a 0.08 acre tract, all tracts located in the City of Denton, Denton County, Texas, and 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 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 the Christopher M. Watts (the "Owner") to purchase the Property Interests for the purchase price of Nine Thousand Three Hundred Twenty Two Dollars and No Cents ($9,322.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the Ordinance as Exhibit "B"; authorizing the expenditure of funds therefore; and providing an effective date.

M.

Consider adoption of an ordinance authorizing the execution of a Purchase Agreement (herein so called), as attached to the ordinance as Exhibit "A", by and between the Marvin Henderson Estate trust, as Owner, and the City of Denton, Texas, as Buyer, regarding the sale and purchase of (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 in the Purchase Agreement, 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 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;  authorizing the expenditure of funds therefor; 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 1.364 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1000 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 J.G. Duncan and wife, Frances Duncan to purchase the Property Interests for the purchase price of Eighty Three Thousand Six Hundred Eighty Dollars and No Cents ($83,680.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as 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 authorizing the execution of a Purchase Agreement (herein so called) attached to the ordinance as Exhibit "A", by and between Youvonne Matzinger and the Estate of Philip Hardy Matzinger, deceased, as owner, and the City of Denton, Texas, as Buyer, regarding the sale and purchase of fee simple to a 0.019 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Texas, located generally in the 1000 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway, for the purchase price of Three Thousand Six Hundred Dollars and No Cents ($3,600.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date.

P.

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 (the "Owner") 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 (the "Agreement"), as 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.

Q.

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 (the "Owner") 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 (the "Agreement"), as 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.

R.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) a sanitary sewer easement encumbering a 0.438 acre tract, and (II) a temporary construction, grading and access easement, encumbering a 0.134 acre tract, all tracts located in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 3900 block of South Interstate Highway 35 East (the "Property Interests"), for the public use of expanding and improving the  municipal sanitary sewer system; authorizing the City Manager or his designee to make an offer to Mahogany Run Investments, L.P., a Texas limited partnership (the "Owner") to purchase the property interests for the Purchase Price of Two Hundred Ninety One Thousand Three Hundred Forty Four Dollars and No Cents ($291,344.00), and other consideration, as prescribed in the Easement Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date.

S.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a first amendment of right-of-way use and license agreement, by and between the City of Denton ("City") and Wells Fargo Bank Texas, N.A. ("Wells Fargo"), amending that certain right-of-way use and license agreement, between the City and Wells Fargo, dated April 4, 2006, granting Wells Fargo rights to utilize certain City rights-of-way located generally at the southwest corner of the intersection of East Walnut Street and South Austin Street, as more particularly described therein; and providing an effective date.

T.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Contract for Sale of Real Estate ("Contract"), by and between the City of Denton, Texas ("City") and Denton County, Texas ("County") contemplating the purchase by the City from the County of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, and located generally at the southeast corner of the intersection of East McKinney Street and Oakland Street, as more particularly described therein, for the purchase price of Seven Hundred Seventy Nine Thousand Eight Hundred Ninety Five and No/100 Dollars (779,895.00); and providing an effective date.

U.

Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2011-12 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Health Insurance Fund of one million four hundred twenty eight thousand, two hundred fifty one dollars ($1,428,251) from the original budget amount of eighteen million, five hundred twenty four thousand, eight hundred sixty two dollars ($18,524,862) to nineteen million, nine hundred fifty three thousand, one hundred thirteen dollars ($19,953,113) to provide for additional expenditure authority related to health care claims and fees; declaring a municipal purpose, providing a severability clause; providing an open meetings clause; and providing an effective date. The Audit Finance Committee recommends approval (2-0).

V.

Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2011-12 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Traffic Safety Fund of four hundred sixty thousand, eight hundred eighty four dollars ($460,884) from the original budget amount of three hundred seventy seven thousand dollars ($377,000) to eight hundred thirty seven thousand, eight hundred eighty four dollars ($837,884) to provide for additional expenditure authority related to red light camera contract costs; declaring a municipal purpose, providing a severability clause; providing an open meetings clause; and providing an effective date. The Audit Finance Committee recommends approval (2-0).

A.

Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation subject to a restrictive overlay on approximately 3.3 acres.  The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove within the City of Denton, Denton County, Texas: providing penalty in the maximum amount of $2,000.00 for violations thereof severability and an effective date. (Z11-0026) The Planning and Zoning Commission recommends approval (7-0). This item was postponed from the July 17, 2012 City Council meeting.

B.	Consider nominations/appointments to the City’s Boards & Commissions.

1.	Airport Advisory Board

2.	Animal Shelter Advisory Committee

3.	Community Development Advisory Committee

4.	Health & Building Standards Commission

5.	Library Board

6.	Parks, Recreation and Beautification Board

7.	Planning and Zoning Commission

8.	Public Art Committee

9.	Traffic Safety Commission

10.	Zoning Board of Adjustment

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating the property located at 903 W. Oak Street as a historic landmark under Section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (HL12-0002)  The Planning and Zoning Commission recommends approval (6-0).

B.	Hold a public hearing and receive citizen input on the 2012-13 Proposed Budget.

C.	Hold a public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or the effective rate.

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.