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A.	Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1.

Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th Judicial District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

B.	Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071.

1.

Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART or DCTA, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DART or DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described where a 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.

C.	Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.

1.	Discuss and deliberate the appointment, duties and evaluation of Denton’s one appointment and two alternates to the DCTA Board of Directors.

D.	Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code 551.074

1.

Consultation with the City’s attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, internal auditor, and/or the municipal court judge where public discussion associated with 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 of Professional Conduct of the State Bar of Texas.  Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, internal auditor, and/or the municipal court judge.

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.)	Police Appreciation Day

B.	Presentation of Images of America - Denton book by Georgia Caraway and Kim Cupit with Denton County Museums.

A.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving an Agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the Agreement and to expend funds with respect to the Agreement; and providing for an effective date.

B.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to obtain a grant under the Emergency Shelter Grant Program; and providing for an effective date.

C.

Consider a request for an exception to the Noise Ordinance for the purpose of performing live music hosted by the Sigma Phi Epsilon and Theta Chi fraternities.  The social event will be located at 1025 Maple Street on Friday, December 4, 2009, beginning at 10:00 p.m. and concluding at 1:30 a.m.  This request is for an exception to the hours of operation to be extended for the evening concert.  This request does not include an increase in decibels; the amplified sound will remain at the allowable 65 decibels.

D.

Consider approval of a resolution of the City Council of the City of Denton, Texas, certifying funding and support for the 2009 Statewide Transportation Enhancement Program Nomination Form with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct the Hickory Street corridor and entertainment district project under the program and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant; and providing an effective date.  The Mobility Committee recommends approval (3-0).

E.

Consider approval of a resolution of the City of Denton, Texas, certifying funding and support for the 2009 State Wide Transportation Enhancement Program nomination form with the Texas Department of Transportation, authorizing the City Manager to submit an application to receive funding to construct the Cooper Creek Bike and Pedestrian Trail Project under the program and, if the grant is approved, to execute the grant agreement and take other actions necessary to implement the grant; and providing the effective date.  The Mobility Committee recommends approval (3-0).

F.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for an on-site service technician for Fleet Services from Rush Truck Centers of Texas, LP DBA Rush Truck Center, Dallas, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4447-On-Site Service Technician for Fleet Services in an amount not to exceed $100,000).

G.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement by and between the City of Denton, Texas and Carmen Investments, Inc. for the provision of Water and Sanitary Sewer Facilities for Phase IIA of the Country Club Village Addition; and providing an effective date.  The Public Utilities Board recommends approval (6-0).

H.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation (TxDOT) relating to a grant for the Routine Airport Maintenance Program (RAMP); authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. (TxDOT Project No. AM 2010DNTON and TxDOT CSJ No. M018DNTON).  The Airport Advisory Board recommends approval (6-0).

I.

Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to an Agricultural Lease Agreement approved by Ordinance 2004-304 dated October 5, 2004, between the City of Denton, Texas and Larry Downe at the Denton Municipal Airport; and providing an effective date.  The Airport Advisory Board recommends approval (7-0).

J.

Consider approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton and the Texas Commission on Environmental Quality (TCEQ) granting a license to the TCEQ for an Air Pollution Monitoring Station; and declaring an effective date.  The Airport Advisory Board recommends approval (7-0).

K.	Consider approval of a resolution regarding the term of the Employment Agreement, dated June 5, 2007, between the City of Denton and the City Auditor, said term providing for automatic renewal of one year unless a written notice of no less than thirty (30) days is provided prior to January 1, 2010.

A.

Hold a public hearing and consider adoption of an ordinance regarding a Concept Plan and Detail Plan for property located within the Wheeler Ridge Planned Development District (PD-176).  The Concept Plan contains approximately 9.08 acres and the Detail Plan contains approximately 4.05 acres located within the boundaries of the Concept Plan.  The applicant is proposing to develop a 176,537 square foot self-storage facility.  The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and the ordinance provides for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.  (Z08-0019)  The Planning and Zoning Commission recommends approval (5-1).

B.

Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 1.76 acres of land from a Downtown Residential 2 (DR-2) zoning district to a Downtown Commercial General (DC-G) zoning.  The property is generally located east of Bonnie Brae Road, north of Hickory Street and south of Oak Street and is commonly known as Lots 3, 4, 5 & 6, Block A of the Whitten Addition and Lots 4 and 5, Block 1 of the Oak Street Terrace Addition, Denton, Texas. (Z09-0008)  The Planning and Zoning Commission recommends approval with a restrictive overlay (6-0).

C.

Hold a public hearing and consider adoption of an ordinance providing for a zoning change from the Downtown Residential 1 (DR-1) zoning district classification and use designation to the Downtown Commercial General (DC-G) zoning district classification and use designations, comprising 0.2213 acres of land located south of Eagle Drive, east of Cleveland Street and west of Carroll Boulevard.  (Z09-0007)  The Planning and Zoning Commission recommends approval (5-0).

D.

Hold a public hearing and consider adoption of an ordinance providing for a zoning change from the Downtown Residential 1 (DR-1) zoning district classification and use designation to the Downtown Commercial General (DC-G) zoning district classification and use designation, comprising 0.42 acres of land located south of Eagle Drive, east of Cleveland Street and west of Carroll Boulevard.  (Z08-0020)  The Planning and Zoning Commission recommends approval (5-0).

E.

Hold a public hearing and consider adoption of an ordinance granting approval of a Public Utility Easement for subsurface use of a portion of the Denton Branch Rail Trail South of Loop 288 near milepost 724.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date.  The Parks, Recreation and Beautification Board recommends approval (6-0).

F.

Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 260 feet north of Mayhill Road at Mile Post 725.1 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date.

G.

Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a overhead use of a portion of the Denton Branch Rail Trail approximately 600 feet north of Pockrus Page Road at Mile Post 725.58 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date.

H.

Hold a public hearing and consider adoption of an ordinance granting approval of an electric easement for a subsurface use of a portion of the Denton Branch Rail Trail approximately 1,742 feet north of Lakeview Boulevard at Mile Post 726.22 in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of an electric easement and providing an effective date.

I.	Hold a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton.

A.

Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date.  The Mobility Committee recommends approval (3-0).  (Tabled from March 3, 2009)

B.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale by and between the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas.

C.

Consider adoption of an ordinance of the City of Denton, Texas, expanding and extending the term of a right of entry and possession, dated March 3, 2009, as extended on May 5, 2009, as extended and expanded on June 23, 2009, as extended and expanded on September 1, 2009, as extended on September 15, 2009, and as extended and expanded on September 22, 2009 and as extended on November 3, 2009 (as amended and extended, the "Right of Entry") in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activity as described in the Right of Entry; and providing and effective date.

D.

Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing an effective date.  The Mobility Committee recommends approval (2-0).

E.	Citizen Reports

1.	Review of procedures for addressing the City Council.

2.	Receive citizen reports from the following:

a.	Bob Clifton regarding redistricting.

F.	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

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

H.	Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.