AGENDA
CITY OF DENTON CITY COUNCIL
February 5, 2013


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, February 5, 2013 at 03:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

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WORK SESSION

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 February 5, 2013.

3. Receive a report, hold a discussion, and give staff direction on an update to the Tree Trust mitigation option of Subchapter 35.13.7.A.7.f of the Denton Development Code.

4. Receive a report, hold a discussion and provide direction on the Hickory Grand Street concept plan options related to head-in versus back-in parking.

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:

A. 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 potential purchase of certain real property interests located in the T. Toby Survey, Abstract No. 1288, City of Denton, Denton County, Texas, and located at the south east corner of Loop 288 and Locust Street. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation 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.

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 Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and located generally along the 700 block of East McKinney Street. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation 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.

3. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located (1) in the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, Denton County, Texas (located generally in the 1500 block of North Mayhill Road); (2) in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas (located generally in the 500 block of North Mayhill Road); and (3) in the David Hough Survey, Abstract Number 646 (located generally in the 3900 block of Quailcreek Road), all within the City of Denton, Texas.  Consultation with the City’s attorney’s 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 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 proceedings or potential litigation.  (Mayhill Widening and Improvements project)

4. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2400 block of South Bonnie Brae Street); (2) in the James Edmonson Survey, Abstract Number 400, Denton County, Texas (located generally on Roselawn Drive, 600 feet east of South Bonnie Brae Street); and (3) in the William Roark Survey, Abstract Number 1087, Denton County, Texas (located generally in the 4600 block of South Bonnie Brae Street), all in the City of Denton, Denton County, Texas.  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 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 proceedings or potential litigation. (Bonnie Brae Widening and Improvements project)

5. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the value of certain real property interests located in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and located at the northeast corner of intersection of West Hickory Street and North Texas Boulevard. Consultation with the City’s attorneys regarding legal issues associated with the potential sale 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.

6. 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 T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, and located generally along the south side of East McKinney Street, approximately 0.3 miles east of Woodrow Lane. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation 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. (CODELLA LLC - 69kV DME)

B. Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074.

1. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Manager, and Internal Auditor.

C. Consultation with Attorneys - Under the Texas Government Code Section 551.071.

1. Consult with and provide direction to City’s attorneys regarding the encroachment of a structure in a floodplain as impacting a proposed development at or near the crossroads of Teasley Road and El Paseo Drive.

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.

Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:



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

1. Proclamation in recognition of Animal Services staff members

3. CITIZEN REPORTS

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 - FF). 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 - FF 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 approval of the Second Amendment to the Meet and Confer Agreement between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291 and authorize the City Manager to sign the amendment.

B. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2012-268 to prescribe updated titles and number of positions for certain classifications of Fire Department personnel; providing repealer, cumulative and severability clauses; and declaring an effective date.

C. Consider a request for an exception to the Noise Ordinance for the purpose of the 35 Denton Music Festival sponsored by 35 Denton LLP. The event will be held in Williams Trade Square and on Industrial Street and Hickory Street beginning on Friday, March 8 from 4 to 10 p.m., Saturday, March 9, from 2 to 10 p.m. and Sunday, March 10, from 2 to 10 p.m. The exception is specifically requested to increase sound levels from 70 to 75 decibels and for amplified sound on Sunday. Staff recommends approval of request.

D. Consider approval of a resolution allowing Rooster’s Roadhouse to be the sole participant allowed to sell alcoholic beverages at the 35 Denton event held on March 8 - March 10, 2013, 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. Staff recommends approval of 35 Denton’s request to allow Rooster’s Roadhouse to sell alcohol during the event.

E. Consider adoption of an ordinance rejecting any and all competitive bids for the construction of the US 380 Utility Relocations project for the City of Denton; and providing an effective date. (Bid 5122-US 380 Utility Relocations). The Public Utilities Board recommends approval (5-0).

F. Consider adoption of an ordinance rejecting any and all competitive bids for construction of the Cooper Creek Interceptor III project; and providing an effective date. (Bid 5125-Cooper Creek Interceptor III). The Public Utilities Board recommends approval (5-0).

G. Consider adoption of an ordinance awarding a contract for the purchase and installation of an excavation, construction, and landfill compaction control software with Global Positioning System (GPS) hardware and associated equipment for one City of Denton Landfill Compactor as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1797; providing for the expenditure of funds therefor; and providing an effective date (File 5165-Purchase of Global Positioning System Software and Hardware for Landfill Compactor awarded to GeoShack North America, Inc. in the amount of $115,872.34). The Public Utilities Board recommends approval (7-0).

H. Consider adoption of an ordinance authorizing the expenditure of funds for payments by the City of Denton to the Electric Reliability Council of Texas (ERCOT) for Wide Area Network (WAN) interconnection of the City of Denton data network with the ERCOT data network and to maintain operational security regarding the transfer of data between ERCOT and the City; and providing an effective date (File 5057-ERCOT Wide Area Network Interconnection Fee in the estimated amount of $340,000).  The Public Utilities Board recommends approval (7-0).

I. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas Smart Buy Program for the purchase of a Bucket Truck for the Electric Distribution Department as awarded by the State of Texas Contract 985D; and providing an effective date (File 5162-Purchase of Bucket Truck awarded to Fort Worth Freightliner-Western Star in the amount of $192,972.49). The Public Utilities Board recommends approval (7-0).

J. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one vacuum excavator for Electric Operations, one backhoe for Water Distribution and one backhoe for Wastewater Collections; and providing an effective date (File 5138-Purchase of Vacuum Excavator awarded to Vermeer Texas-Louisiana in the amount of $52,887.30 and Two Backhoes awarded to DARR Equipment Company in the amount of $127,408.20 for a total award of $180,295.50). The Public Utilities Board recommends approval (7-0).

K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement by and between the City of Denton, Texas and PWR Solutions, Inc. for  the preparation of the analyses respecting the annual Federal Energy Regulatory Commission (FERC) 715 Report; for preparation and submission of the annual Electric Reliability Council of Texas (ERCOT) Steady State Working Group Data Sets A and B; for preparation and submission of the annual ERCOT System Protection Working Group present and future year short circuit cases;  representation of  Denton Municipal Electric in ERCOT and other transmission service provider meetings; for engineering support and consultation in other electric service planning and system study issues; such services being rendered in support of Denton Municipal Electric; finding and determining that the document entitled "Proposal for Five Year Transmission Planning and TP Compliance Support Services" ("proposal") which defines the scope of services to be performed by PWR Solutions, Inc. is a document that pertains to a competitive electric utility matter as set forth under the provisions of Texas Government Code, Sections 551.086 and 552.133; authorizing the sealing of said proposal by the City Secretary; authorizing the expenditure of funds therefor; providing an effective date (File No.5148 in the amount not-to-exceed $857,469.06). The Public Utilities Board recommends approval (7-0).

L. Consider adoption of an ordinance accepting proposals and awarding a public works contract for the procurement of services and materials to prepare substation sites and transmission line easements for construction; providing for the expenditure of funds therefor; and providing an effective date (RFP 5086-awarded to Mann Robinson and Sons, Inc. in the not to exceed amount of $2,380,000). The Public Utilities Board recommends approval (7-0).

M. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Cast in Place Concrete Portions of the Airport North Entry Road project for construction of an airport entry and truck/bus turnaround; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $159,820.87).

N. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the asphalt pavement section of the Airport South Entry Road project for construction of an airport entry and truck/bus turnaround; providing for the expenditure of funds therefor; and providing an effective date (Bid 4974-awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company in the amount of $126,143.85).

O. Consider adoption of an ordinance accepting sealed proposals and awarding a contract to provide Software and Related Services with SHI Government Solutions, Inc., a Microsoft Certified Large Account Reseller with the City of Denton; and providing an effective date (RFP 5121-Microsoft Software Reseller and Related Services awarded to SHI Government Solutions, Inc. in the annual estimated amount of $95,000 for City of Denton expenditures, and a three year estimated expenditure of $285,000).

P. Consider adoption of an ordinance accepting sealed proposals and awarding a contract for the purchase of Commander 1 Police Motorcycles for the City of Denton Police Department; and providing an effective date (RFP 5119-Police Motorcycles awarded to Victory Police Motorcycles in the estimated amount of $210,000 for the replacement of six motorcycles over a five (5) year period).

Q. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of tapered, tubular, and galvanized steel structures for Denton Municipal Electric substations from Falcon Steel Company in an amount not to exceed $1,660,000 and a contract for the purchase of substation structures fabricated from standard shaped steel products from R and C Welding in an amount not to exceed $2,140,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5115-Galvanized Steel Structures).  The Public Utilities Board recommends approval (7-0).

R. Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute and deliver a "Local Project Advanced Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match" between the City of Denton and the Texas Department of Transportation (TxDOT) regarding the City’s funding that portion of the agreement consisting of conduits and ground boxes along the route of U.S. Highway 380, from Bonnie Brae Road to U.S. Highway 377, in the City of Denton, Texas; authorizing the expenditure of funds therefor; providing an effective date (Project-U.S. Highway 380 from Bonnie Brae Road to U.S. Highway 377 in the amount of $129,082.59).

S. Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute and deliver a "Termination of the Advance Funding Agreement for Bridge Replacement or Rehabilitation Off the State System" between the City of Denton and the Texas Department of Transportation (TxDOT) regarding the local government bridge project located at Mayhill Road at Cooper Creek in the City of Denton, Texas and termination of Advanced Funding Agreement Amendment No. 1, dated January 28, 2004; providing an effective date.

T. Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute and deliver a "Surface Transportation Program - Metropolitan Mobility Agreement for State-Constructed Traffic Signal Construction (with a Municipality Providing Limited Materials or Labor)" between the City of Denton and the Texas Department of Transportation (TxDOT) regarding the City’s request for reimbursement of the federal allowable percentage of the cost of installing traffic signals and other items directly related to the operation of six intersections on U.S. Highway 380 within the City that are specified in said agreement; providing the City Manager with authority to carry out the rights and duties of the City regarding said agreement; providing the City Manager with authority to expend funds therefor; providing an effective date.

U. Consider approval of the minutes of: December 3, 2012 December 4, 2012 December 11, 2012 December 18, 2012

V. Consider adoption of an ordinance accepting an Agreement with Denton County to participate in Tax Increment Reinvestment Zone, Number Two; authorizing the City Manager to execute the Agreement and take other actions necessary to administer the Tax Increment Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date.

W. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 2.486 acre tract situated in the T.M. Downing Survey, Abstract No. 346, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally along the south side of East McKinney Street, approximately 0.3 miles east of Woodrow Lane (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 (1) CODELA, LLC (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Two Hundred Eighty Six Thousand Four Hundred Eighty Nine Dollars and No Cents ($286,489.00), and other consideration, 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; and providing an effective date. (69kV Transmission Line Re-build Project)

X. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A" by and between the City of Denton (the "City"), and Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth (Edwards) McSween and William Warren Edwards, (collectively, the "Seller"), contemplating the sale by Seller and purchase by City of a 0.289 acre tract of land, more or less, being generally located in the 1500 block of North Mayhill Road in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469 in the City of Denton, Denton County, Texas (the "Property Interests"); for the Purchase Price of Thirty Four Thousand Dollars and No Cents ($34,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish the closing of the transaction contemplated by the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements Project - Parcel M025)

Y. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 2.115 acre tract; and (II) a Slope Easement, encumbering a 0.202 acre tract, each located in the M.E.P. and P.R.R. Company Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 500 Block of North 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 (1) 551 Mayhill Joint Venture  (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the property interests, as may be applicable to purchase the property interests for the purchase price of One Hundred Sixteen Thousand Eight Hundred Fifty Four Dollars and No Cents ($116,854.00) 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. (Mayhill Road Widening and Improvements Project- Parcel M070)

Z. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between the City of Denton (the "City"), as Buyer, and Joyce A. Brearley and Lucy I. Barber, Co-Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994 (the "Owner"), as Seller, contemplating the sale by Owner and purchase by City of a 0.398 acre tract of land, more or less, being generally located in the 1100 block of South Mayhill Road, in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, in the City of Denton, Denton County, Texas (The "Property Interests") for the Purchase Price of Seventy five Thousand Dollars and No Cents ($75,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Purchase Agreement; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date (Mayhill Road Widening and Improvements Project - Parcel M115)

AA. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.295 acre tract located in the David Hough Survey, Abstract Number 646, and being a part of Lot 1R, Block F of Providence Place II, an Addition to the City of Denton, according to the Plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas, as more particularly described on Exhibit "A" attached to the ordinance and made a part thereof, located generally in the 3900 Block of Quailcreek Road (a private street) (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 (1) Quail Creek South, LP (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Thirty Eight Thousand Four Hundred Nineteen Dollars and No Cents ($38,419.00), 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.  (Mayhill Road Widening and Improvements Project - Parcel M236)

BB. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 4.69 acre tract; (II) a utility and slope easement encumbering 0.56 acre; and (III) a utility and drainage easement encumbering 0.02 acre, said tracts located in the A. Tompkins Survey, Abstract No. 1246 and located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 2400 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 (1) Harlan Properties, Inc. (the "Owner"); (2) successors in interest to the owner of the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of One Hundred Fifty Thousand One Hundred Sixty Three and No Cents ($150,163.00), 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 therefore; and providing an effective date. (Bonnie Brae Widening and Improvements Project - Parcel 25)

CC. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 1.91 acre tract; (II) a utility and slope easement encumbering 0.57 acre; and (III) a drainage easement encumbering 0.02 acre; all tracts located in the James Edmonson Survey, Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally on Roselawn Drive, 600 feet East 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 (1) the Chamberlain Trust (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Sixty Six Thousand Five Hundred and Nineteen Dollars and No Cents ($66,519.00), 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 therefore; and providing an effective. (Bonnie Brae Widening and Improvements Project -Parcel 34)

DD. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.04 acre tract located in the William Roark Survey, Abstract Number 1087, and being a part of Lot 7, Block A of Meadows of Hickory Creek, Phase One, an Addition to the City of Denton, according to the Plat thereof recorded in Cabinet X, Page 20, Plat Records, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 4600 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 (1) Linda J. Alexander and John M. Alexander (Collectively, the "Owner")  (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Thirteen Thousand Seven Hundred Fourteen Dollars and No Cents  ($13,714.00), 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. (Bonnie Brae Widening and Improvements Project - Parcel 46)

EE. Consider adoption of an ordinance authorizing the execution of an easement purchase agreement ("Purchase Agreement"), as attached to the ordinance thereto and made a part thereof as Exhibit "A", by and between Mahogany Run Investments, L.P., a Texas limited partnership ("Owner"), as Seller, and the City of Denton, Texas ("City"), as Buyer, regarding the sale and purchase of (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 in the Purchase Agreement, located generally in the 3900 block of South Interstate Highway 35 East (collectively the "Property Interests"), for the public use of expanding and improving the  municipal sanitary sewer system 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  Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. (State School Sanitary Sewer Interceptor Project - Phase II - Parcel 4).

FF. Consider adoption of an ordinance approving a development agreement with HMH Lifestyles, L.P., securing the costs to construct the unbuilt portions of the required perimeter wall for the Villages of Carmel, Phase III subdivision, pursuant to previously approved plans and permits, and authorizing permitting and construction of houses and infrastructure on the remaining unbuilt lots in that subdivision, in accordance with applicable building and development requirements; delegating authority to the City Manager to execute said Development Agreement on behalf of the City; and declaring an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement (the "Interlocal Agreement") between the Denton County Transportation Authority and the City of Denton, Texas, as attached hereto and made a part hereof as Exhibit "A", providing a license to Denton County Transportation Authority to construct, operate and maintain bus shelters and related bus passenger amenities in City Rights of Way in locations more particularly described in the Interlocal Agreement; and providing for an effective date.

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Denton Development Code modifying the standard procedures for certificate of appropriateness review in Subchapter 35.7; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date.  The Planning and Zoning Commission recommends approval (6-0).  The Historic Landmark Commission recommends approval (5-0). (DCA12-0008, Procedures for Certificate of Appropriateness Review)

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving an Alternative Environmentally Sensitive Area (ESA) Plan to deviate from Subchapter 35.17.8 (Riparian Buffer and Water Related Habitat Development Standards) of the Denton Development Code, on approximately 19.87 acres of land within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, located at the southwest corner of Mingo Road and Nottingham Drive within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (ESA12-0009)  The Planning and Zoning Commission recommends approval, subject to conditions (6-0).

C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a multi-family development on approximately 19.87 acres of land within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, located at the southwest corner of Mingo Road and Nottingham Drive within the J. Lilly survey, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S12-0004)  The Planning and Zoning Commission recommends approval, subject to conditions (6-0).

7. CITIZEN REPORTS

8. CONCLUDING ITEMS

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 E R T I F I C A T E

I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2013 at ________o'clock (a.m.) (p.m.)

______________________________
CITY SECRETARY

NOTE:      THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.