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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 issues and strategies related to the demolition of substandard buildings, along with discussion of recommended code amendments to clarify and refine the procedures applicable to hearings and appeals of such cases.

B.	Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; and 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 potential purchase of a tract of land, located in the M.E.P. & P.R.R. Company, Abstract Number 927, in the City of Denton, Denton County, Texas, and generally located on the southwest corner of north Loop 288 and Audra Lane.  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 potential litigation.

C.	Deliberations Regarding Certain Public Power Utilities Competitive Matters - Under Texas Government Code Section 551.086; and Consultation with Attorneys - Under Texas Government Code Section 551.071.

1.

Receive a presentation from Denton Municipal Electric ("DME") staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power, enter into fuel transportation arrangements, and enter into agreements regarding the same in light of the possible resource shortage in ERCOT in order to meet its future energy needs. Discuss, deliberate and provide Staff with direction.

2.

Receive a presentation from DME staff regarding certain public power competitive and financial issues regarding purchased power pricing information including the First Amendment to Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC (First Amendment); discuss, deliberate, consider approval of and take final action on the said First Amendment.

3.

Receive a report and a presentation from Denton Municipal Electric staff regarding certain public power competitive and financial matters regarding ongoing negotiations regarding the Request for Proposals No. 4859 issued by the City soliciting proposals for a solar-generated energy facility or facilities for the City of Denton, Texas, and a proposed Non-Binding Letter of Intent by and between the City of Denton, Texas and the proposed successful bidder; discuss, deliberate, provide staff with direction, consider and take final action regarding such matters. Consultation with the City’s attorneys regarding legal advice regarding such matters referenced above.  A public discussion of this legal matter 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.

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.	UNT Mean Green Pride Proclamation

2.	Presentation of the Government Finance Officers Association Distinguished Budget Award

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Richard Rogers regarding Greenfest on the Greenbelt, Sept. 29, 2012.

A.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Contract of Sale (herein so called) between the City of Denton, as Buyer and G. Brad Grant, Becky J. Grant, and Charles A. Grant, Jr., collectively, as Seller, contemplating the sale and purchase of an approximate 26.464 acre tract of land, being located in the M.E.P. & P.R.R. Company Survey, Abstract Number 927, City and County of Denton, Texas,  ("Real Property"), for a purchase price of Two Million and No/100 Dollars ($2,000,000.00); authorizing the City Manager, or his designee, to execute and deliver the Contract of Sale, and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefore; and providing an effective date.  The Public Utilities Board recommends approval (5-0).

B.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a fifth Amendment to an Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15, 2009 and amended by Ordinance 2010-193 dated August 7, 2010 and amended by Ordinance 2012-056 dated March 6, 2012 and amended by Ordinance 2012-057 dated March 6, 2012 between the City of Denton, Texas and Sykes-Vaughn Investments, LLC, which includes among other provisions the right to sell aviation fuel to the public for a fuel flowage fee and to provide commercial hanger and tie-down service at the Denton Municipal Airport for real property located at 4600 Taxilane "H"; and, providing an effective date.  The Council Airport Committee recommends approval (3-0).

C.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a Commercial Operator Lease Agreement between the City of Denton, Texas and HTA Aviation for approximately 26,055 square feet of land located at 4910 Lockheed Lane at the Denton Airport; and, providing an effective date.  The Council Airport Committee recommends approval (3-0).

D.

Consider the adoption of an ordinance of the City of Denton, Texas, approving a Fourth Amendment to an Economic Development Program Grant Agreement dated September 9, 2008 between the City of Denton and DCTIRZ, a Texas Limited Liability Company, to assign all rights and title, to and under the Agreement to Amarillo National Bank.

E.

Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tunc, correcting an inadvertent mistake in Ordinance No. 2012-188, specifically its amendment of a rezoning from a Neighborhood Residential 3 (NR-3) zoning district and land use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and land use classification with a restrictive overlay on 3.3 acres of land 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; providing for a penalty in the maximum amount of $2,000.00 for violation thereof; providing for severability, savings and supersedure; and providing for an effective date.

F.

Consider adoption of an ordinance of the City of Denton, Texas approving an Interagency Cooperation Contract by and between the University of Texas at Arlington and the City of Denton, Texas for a term of three years to provide landfill field testing and monitoring services, enhanced leachate recirculation modeling, efficiency analyses, research, development of a mining methodology and materials characterization in order to support ongoing studies of several landfill parameters for the City of Denton Landfill in an amount not-to-exceed $344,415; providing for retroactive approval, confirmation and ratification thereof; authorizing the City Manager or his designee to execute said contract on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date (File 4816).  The Public Utilities Board recommends approval (5-0).

G.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a Thirty-Six Month Lease Agreement with Ricoh USA, Inc. for production printing equipment for the City of Denton Reprographics Division through the Buy Board Cooperative Purchasing Network (Contract # 349-11); and providing an effective date. (File 5029-Lease of Production Printing Equipment awarded to Ricoh USA, Inc. in the annual lease amount of $87,738.96 for a thirty-six month total of $263,216.88).

H.

Consider adoption of an ordinance accepting sealed proposals and awarding a Two Year Contract for Maintenance Services for the City of Denton Vehicle Wash Facility located at 1251 South Mayhill Road and providing an effective date (RFP 4837-Vehicle Wash Facility Services awarded to Pro-Tech Service Company, L.L.C. in the annual estimated amount of $75,000 for a two year total of $150,000).  The Public Utilities Board recommends approval (5-0).

I.

Consider adoption of an ordinance accepting sealed proposals and awarding a Public Works Contract for the Installation of a Belanger Condor Vehicle Wash System at the City of Denton’s Vehicle Wash Facility; providing for the expenditure of funds therefor; and providing an effective date (RFP 4837-awarded to Pro Tech Service Company, L.L.C. in the amount of $86,590.04).  The Public Utilities Board recommends approval (5-0).

J.

Consider adoption of an ordinance approving the expenditure of funds for Red Light Citation Verification Services for the City of Denton Automated Traffic Signal Enforcement program available from only one source in accordance with Texas Local Government Code 252.022, exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4984-Red Light Citation Collection Contract awarded to Redflex Traffic Systems, Inc., in the five year not to exceed amount of $150,000).

K.

Consider adoption of an ordinance accepting competitive proposals and awarding a Two Year Contract for Administrative Services Only (ASO) for Medical and Pharmacy Benefits and Employee Assistance Program (EAP) for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4956-Administrative Services Only (ASO) for Medical and Pharmacy Benefits and Employee Assistance Program (EAP) awarded to United Healthcare Services, Inc. in the annual estimated amount of $601,779.36 for ASO and $27,074.40 for the EAP for a total annual estimated amount of $628,853.76 and for a two year estimated expenditure of $1,257,707.52).

L.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a License Agreement by and between the City of Denton, Texas, as Licensee and Electric Transportation Engineering Corporation d/b/a/ ECOtality North America, a Corporation, as Licensor, for Electric Vehicle Supply Equipment and Software for the ECOtality Project for Electric Vehicle Refueling Stations; approving the expenditure of funds therefore; and providing an effective date. (DME)

M.

Consider adoption of an ordinance approving the "National Highway System (NHS) program project agreement  for state-contracted traffic signal construction (with municipality providing limited materials or labor)" regarding the City’s participation in the procurement and installation of traffic signals on roadways within the city limits of the City of  Denton, Texas by and between the City of Denton, Texas and the State of Texas, acting by and through its agency, the Texas Department of Transportation; providing the City Manager with authority to carry out the rights and duties of the city regarding said agreement; and providing an effective date.

N.	Consider approval of a resolution creating an ad-hoc citizen advisory committee to advise Council and staff on the development of an ordinance regulating smoking and the composition of such a citizen committee.

O.	Consider approval of the minutes of: August 6, 2012 August 7, 2012 August 14, 2012

P.

Consider approval of the Parks, Recreation and Beautification Board’s recommendation to select artist Michael Boyett’s sculpture, The Legacy, as public art for the City of Denton. The sculpture, which will cost $31,911, is pursuant to the City of Denton Public Art policy approved by Resolution R2006-014 and will be 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).

Q.	Consider approval of a resolution amending Resolution No. R2011-036 regarding the Denton Handbook for Boards, Commissions, and Council Committees to add a process by which Boards and Commissions may communicate with the City Council.

R.

Consider adoption of an ordinance accepting competitive proposals and awarding a Two Year Contract for Property, Boiler and Machinery Insurance Coverage for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5017-Property, Boiler and Machinery Insurance Coverage for the City of Denton awarded to Affiliated FM Insurance Company at a rate of $0.0655 per $100 of insurable value).

S.

Consider adoption of an ordinance for the City of Denton, Texas authorizing the City Manager to execute a professional service agreement with Focused Advocacy, LLC to assist the City in advancing its State Legislative Program, assist council and staff in addressing proposed legislation, and make the City aware of any legislative or administrative initiatives believed to be detrimental to the interests of the City; authorizing the expenditure of funds therefore; and providing an effective date (amount not to exceed $137,500 annually, or $275,000 for the total two-year contract).

T.

Consider approval of a resolution expressing the intent of the City Council of the City of Denton, Texas to seek reimbursement for the purchase price and any remediation costs under certain circumstances for the property acquired pursuant to Ordinance No. 2012-187, consisting of a 2.0 acre tract, more or less, and 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, and providing an effective date.

A.	Consider appointments to the Ad-hoc Citizen Advisory Committee on the Smoking Regulations.

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

1.	Community Development Advisory Committee

2.	Health & Building Standards Commission

3.	Human Services Advisory Committee

4.	Parks, Recreation and Beautification Board

5.	Public Utilities Board

C.

Consider approval of a resolution of the City Council of the City of Denton, Texas receiving and accepting the City of Denton, Texas capacity, management, operation and maintenance ("CMOM") self-audit report conducted by Pipeline Analysis, L.L.C. dated July, 2012, regarding the Denton wastewater collection system utilizing the Environmental Protection Agency’s "Region IV CMOM self-audit/self disclosure program" and components of the Environmental Protection Agency’s sanitary sewer overflow ("SSO") draft rule, including the CMOM and asset management ("AM") business practices; and providing an effective date.

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan amendment from an Existing Land Use/Infill Compatibility future land use designation to a Downtown University Core future land use designation for approximately 13.31 acres, generally located on the south side of I-35E, approximately 500 feet west of North Texas Boulevard and legally described as a tract of land situated in the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas, and being a portion of that certain tract of land as described in deed to the State of Texas, recorded in Volume 294, Page 121, and Volume 291, Page 82 of the deed records of Denton County, Texas, and being all of Lot 1, Block 1 of the Final Plat of Sheraton North Texas Addition, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet C, Page 400, of the plat records of Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing for severability and an effective date.  (CA12-0001)  The Planning and Zoning Commission recommends approval (6-0).

B.

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 2 (NR-2) and Neighborhood Residential Mixed Use (NRMU) to a Downtown Commercial General (DC-G) zoning district classification and use designation for approximately 13.31 acres, generally located on the south side of I-35E, approximately 500 feet west of North Texas Boulevard and legally described as a tract of land situated in the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas, and being a portion of that certain tract of land as described in deed to the State of Texas, recorded in Volume 294, Page 121, and Volume 291, Page 82 of the deed records of Denton County, Texas, and being all of Lot 1, Block 1 of the Final Plat of Sheraton North Texas Addition, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet C, Page 400, of the plat records of Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing for severability and an effective date.  (Z12-0002)  The Planning and Zoning Commission recommends approval (6-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning district and use classification of Regional Center Commercial Downtown (RCC-D) on approximately 9.5 acres and the rezoning of approximately 3.6 acres from  Regional Center Residential 1 (RCR-1) zoning district and use classification to a RCC-D zoning district and use classification; located on the west side of North I-35, south of Ganzer Road and north of Barthold Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z12-0004)  The Planning and Zoning Commission recommends approval (7-0).

D.

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 2 (NR-2) zoning district to a Neighborhood Residential 6 (NR-6) zoning district on approximately 23.9 acres.  The property is located south of Pockrus Page Road, east of the Interstate 35 frontage road and west of Cattail Lane, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum of $2,000.00 for violations thereof, severability and an effective date.  (Z12-0006)  The Planning and Zoning Commission recommends approval (6-0).

E.

Hold a public hearing and consider adoption of an ordinance of the City of Denton regarding a Specific Use Permit to allow a beauty shop as a home occupation within a single-family residence on a 0.137 acre property located within a Neighborhood Residential 4 (NR-4) zoning district.  The subject property is generally located north of Terry Court and west of Mockingbird Lane, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum of $2,000.00 for violations thereof, severability and an effective date.  (S12-0002)  The Planning and Zoning Commission recommends approval (7-0).

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Nell Yeldell regarding the Denton County Tax Office.

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.