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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 Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.

1.

Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.  Also hold a discussion regarding granting economic development incentives to Tetra Pak Materials LP with respect to expansion of a manufacturing facility and development of a national headquarters facility.  This discussion shall include commercial and financial information the City Council has received from Tetra Pak Materials LP which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives.

B.	Consultation with Attorney - Under Texas Government Code Section 551.071.

1.

Consult with City’s attorneys regarding complaint filed with the EEOC by Regie Wilkinson, and receipt by the City of a demand letter from an attorney representing him, where public discussion of these legal matters would clearly 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.

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.	Fire Prevention Week

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Gerald DeMarsh regarding a traffic accident and no insurance.

A.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas calling a public hearing of the Denton City Council on land use assumptions, a capital improvements plan, and a proposed amendment to impact fees related to the possible adoption of amended water and wastewater impact fees in accordance with Chapter 395 of the Texas Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date.

B.

Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a new event, Fry Fest Concert.  The outdoor concerts and activities will be located on portions of Avenue A and Fry Street, beginning at 1 p.m. and concluding at 10 p.m., on Saturday, October 5, 2013.  This request is for an increase in decibels from 70 to 75.  Staff recommends approval.

C.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Milling Machine and Asphalt Paving Machine for the City of Denton Streets Department; and providing an effective date (File 5371-Milling Machine awarded to R.B. Everett and Co. in the amount of $391,894.30 and asphalt paver awarded to Holt CAT in the amount of $156,716.00).

D.

Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with CP&Y, Inc. and the City of Denton Solid Waste Department for professional engineering and consulting services; and providing an effective date (File 5349-awarded to CP&Y, Inc. in a not-to-exceed amount of $150,000). The Public Utilities Board recommends approval (6-0).

E.

Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Solutient GeoSciences, Inc. and the City of Denton Solid Waste Department for hydrogeological and analytical services; and providing an effective date (File 5348-awarded to Solutient GeoSciences, Inc. in a three (3) year amount not-to-exceed $287,791).  The Public Utilities Board recommends approval (6-0).

F.

Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for Parking Lot and Infrastructure Improvements for the City of Denton Solid Waste Operations Building; providing for the expenditure of funds therefor; and providing an effective date (RFP 5222-awarded to Caliber Construction Inc. in an amount not-to-exceed $359,198). The Public Utilities Board recommends approval (7-0).

G.

Consider adoption of an ordinance authorizing the City Manager to execute approval of a Change Order 9 to the construction contract with Bar Constructors, Inc., for the construction of the Lake Lewisville Water Treatment Plant upgrade project to increase the construction contingency allowance by an additional $290,000; revising the contract total amount from $32,142,000 to $32,432,000; providing for the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5-0).

H.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Remanufactured Toner Cartridges and Printer Supplies for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5200-awarded to TIC Express, LLC, in the annual estimated amount of $150,000 for a three (3) year not-to-exceed amount of $450,000).

I.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Okonite Electric Utility Underground and Substation Cable for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5203-awarded to The Okonite Company in a three (3) year not-to-exceed amount of $2,000,000).

J.

Consider approval of a resolution allowing El Guapo’s to be the sole participant allowed to sell alcoholic beverages at Oaktopia November 16, 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.

K.

Consider adoption of an ordinance approving a sponsorship in an amount not to exceed $2,000 of in-kind services and city resources for the 2013 Mayor’s Mile, a community wellness walk to be held at the Denton County Transportation Authority’s MedPark Station located at 3220 MedPark Drive beginning at 8:30 a.m. on October 5, 2013; and providing an effective date.

L.

Consider adoption of an ordinance approving revisions to the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-of-Way to Monitor Compliance with Traffic Control Signals" entered into by and between the City of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager with authority to execute said agreement and to carry out the rights and duties of the City regarding said agreement; and providing an effective date.  The Traffic Safety Commission recommends approval (4-0).

M.

Consider a request for an exception to the Noise Ordinance for the purpose of the Oaktopia Festival sponsored by Monocle LLC. The event will be held on City property, Williams Trade Square, on Saturday, November 16, 2013, from 2 p.m. to 10 p.m.  The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval.

N.	Consider approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date.

O.

Consider adoption of an ordinance authorizing and approving the transfer of an Airport Lease Agreement approved by Ordinance 2004-362 on December 1, 2004 and subsequently amended between the City of Denton, Texas and Jet Works Air Center Management, LLC for the property located at 5035 Warbird Drive, Denton Enterprise Airport as authorized by the United States Bankruptcy Court for the Northern District Of Texas, Fort Worth Division, in Case No. 12-46776-RFN for the sale of all assets of Jet Works Air Center Management, LLC to Greenpoint Aerospace Corporation; and providing an effective date.

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Tetra Pak Materials, LP, Limited Partnership Reinvestment Zone No. XI for commercial/industrial tax abatement establishing the boundaries of such zone, making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date.

A.

Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with Tetra Pak Materials, LP, setting forth all the required terms of the tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to Tetra Pak Materials LP, a Limited Partnership, receiving the tax abatement; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommends approval (8-0).

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.

C.	Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.