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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 Real Property - Under Texas Government Code Section 551.072 and Economic Development Negotiations - Under Texas Government Code Section 551.087.

1.

Receive a report and hold a discussion regarding an economic development prospect for a hotel and conference center to include discussion of the leasing of land and financing of such facility.  The discussion shall include financial information the City Council will review, including the offer of financial or other incentives.

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

1.

Receive a report and hold a discussion with the City’s attorneys regarding legal issues associated with real property interests located in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas (the "Property") and actions of the City of Denton related to the value and sale of the Property. The duty of the City’s attorneys to the City of Denton 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 in this matter. Also hold a discussion to deliberate the purchase, exchange, lease or value of the Property. A discussion of these matters in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with the third party.

C.	Consultation with 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 related to economic development incentives in which the duty of the attorney to the City of Denton 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 economic development incentives and the discussion shall include commercial information the City Council has received from the candidate 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 and to deliberate the offer of a financial or other incentive to such candidate.

D.	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 or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary construction easement tracts for the Mayhill Road Widening and Improvements project, the limits of which generally being between the intersection of Mayhill Road and Interstate Highway 35 East and the intersection of Mayhill Road and U.S. Highway 380, affecting real property tracts in the M. Forrest Survey, Abstract No. 417, the D. Hough Survey, Abstract No. 646, the M.E.P. & P.R.R. Surveys, Abstract Nos. 927, 950 and 1469, the D. Lambert Survey, Abstract No. 784, the G. Walker Survey, Abstract 1330, and the J. Brandon Survey, Abstract No. 1515, in the City and County of Denton, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation.

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

1.	Consider and discuss an appointment to the Zoning Board of Adjustment and two alternate appointments to the Denton County Transportation Authority.

F.	Consultation with Attorneys - Under Texas Government Code Section 551.071.

1.	Consult with City’s attorneys regarding the status and potential settlement of pending litigation styled Delarosa, et al. v. City of Denton, Cause No. CV-2009-02751, currently pending in the County Court at Law #2, Denton County.

G.	Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Sec. 551.086; and Consultation with Attorneys - Under Texas Government Code Sec. 551.071.

1.

Receive a presentation from Staff regarding present Denton Municipal Electric utility competitive and financial issues; and receive a briefing from and a consultation with the City’s attorneys regarding proposed Texas legislation dealing with municipally-owned electric utilities; and discuss, deliberate and provide the City’s attorneys with direction and any recommendations regarding such legal issues. A public discussion of this legal matter 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.

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.	Denton Family Unity Week

2.	Presentation by Carter Blood Care of Four Seasons Award

3.	Presentation by Carter Blood Care of Top Performer Award

4.	Presentation of Empowering Excellence Award

5.	Severe Weather Awareness Week

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Bob Clifton regarding City employees.

A.

Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 14, 2011, and if a runoff election is required, on June 18, 2011, for the purpose of electing Council Members to District 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing for an effective date.

B.

Consider the adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,500,000 for funding facility HVAC and roof replacements for municipal facilities, and providing an effective date.

C.

Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the Purchase of Ready Mix Concrete, Cement and Bulk Lime products for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4647-Annual Contract for Ready Mix Concrete, Cement and Bulk Lime awarded to the lowest responsible bidder for each item as shown on Exhibit A in the annual estimated amount of $250,000).

D.

Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number One to the contract between the City of Denton and National Wholesale Supply; providing for the expenditure of funds therefor; and providing an effective date (Bid 4592-Miscellaneous Water Material For Masch Branch Road Change Order Number Two in the amount of $2,048 for a total contract award of $102,047.66).

E.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Installation of a Drainage Basin including a Wash Water Recycling Tank for the City of Denton Landfill Truck Wash; providing for the expenditure of funds therefor; and providing an effective date (Bid 4616-awarded to the lowest responsible bidder meeting specification, Caliber Construction, Inc., in the amount of $445,724).  The Public Utilities Board recommends approval (5-0).

F.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Installation of an Ultraviolet Light Disinfection System at the City of Denton Waterworks Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4621-awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, inc. in the amount of $102,550).

G.	Consider a request for an exception to the Noise Ordinance for amplified sound for a fundraiser, Ride for Reid, to be held at the North Texas Fairgrounds on March 19, 2011.  The exception is for an extension of hours for amplified sound from 10:00 p.m. to 12:00 a.m.

H.	Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing first and second alternates to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date.

I.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute an Agreement to Purchase Real Property ("Agreement"), by and between the City of Denton, Texas and Denton County Transportation Authority ("DCTA"), a Coordinated County Transportation Authority under Chapter 460 of the Texas Transportation Code, a contemplating (i) the sale and purchase of approximately 1.61 acres of real property in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas ("Real Property"), for public purposes, being located adjacent to the Dallas Area Rapid Transit Rail between Hickory Street and Prairie Street, and being a portion of the lands conveyed to the City of Denton by Union Pacific Railroad Company, by Deed recorded in Volume 4962, Page 02851, Real Property Records, Denton County, Texas; (ii) the execution and delivery of a Street Use License to Use Certain City Property for Rail Crossing Purposes related to DCTA’s use of Sycamore Street in the vicinity of the Real Property; and (iii) the execution and delivery of an Assignment and Assumption Agreement, assigning that certain lease, dated on or about September 25, 2001, by and between Union Pacific Railroad Company and Trinity Industries, Inc.; authorizing the City Manager, or his designee, to execute and deliver any and all deeds, licenses, assignments and any other documents necessary to accomplish closing of the transactions contemplated by the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.

J.

Consider adoption of an ordinance amending Ordinance No. 2003-258 relating to the Economic Development Partnership Board ("The Board") to add to the membership of the Board and to expand the duties of the Board to include branding and marketing for the Denton Municipal Airport in support of the Denton Airport 2010 Business Plan and to further include duties related to Airport economic development incentives; repealing all conflicting ordinances and portions thereof; and providing an effective date.

K.

Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport Matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date.

A.

Consider adoption of an ordinance to allow exclusive use of City property for an event at Williams Trade Square and Hickory Street between Locust Street and Bell Avenue for the sale and consumption of alcohol on City property contingent on a fully executed contract with an approved vendor; for an exception to the Noise Ordinance to have increase in decibel level to 75 decibels and for amplified sound on Sunday; and for the street closures to traffic beginning at 7:00 a.m. on Thursday, March 10, 2011, and concluding at 12:00 midnight on Sunday, March 13, 2011; and providing for an effective date.  Staff recommends approval of the requests pending completion of items by dates set by City ordinances as listed on Exhibit 2 "Schedule of Project" which was provided to event organizers on January 24, 2011.

B.

Continue consideration of adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district, on 6.836 acres of land located at the northeast corner of Glenwood Lane and East University Drive (U.S. 380), situated within the J.Q. Lilly Survey, Abstract No. 762, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z10-0007, 1411 E. University Drive) The Planning and Zoning Commission recommends approval with an overlay district (3-2).  DUE TO MORE THAN 20% OPPOSITION FROM THE LAND AREA WITHIN 200 FEET OF THE REQUEST, A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.

C.	Consider nominations/appointments to the following boards and commissions:

1.	Community Development Advisory Board

2.	Human Services Advisory Committee

3.	Public Art Committee

4.	Traffic Safety Commission

5.	Zoning Board of Adjustment

6.	Downtown Denton Tax Increment Financing Reinvestment Zone Board

A.

Hold a second public hearing to consider the involuntary annexation and service plan for approximately 1,595 acres of land contained in three (3) areas located within the City of Denton’s Extraterritorial (ETJ) Jurisdiction, in accordance with Texas Local Government Code.  The proposed annexation consists of three (3) distinct areas under multiple ownerships and of an approximate total of 1,595 acres.  The 3 areas are identified and generally located as follows:

1.	DH-7: 143 acres, located east and north of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive;

2.	DH-9: 298 acres, located north of Pockrus Page Road, north, south and northeast of Edwards Road; and

3.	DH-12: 1,154 acres, located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road.

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation with an overlay, on approximately 0.51 acres of land located on the south side of Fannin Street and west of Avenue A; providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date. (Z10-0013, Fannin Street Apartments)  The Planning and Zoning Commission recommends approval with an overlay district (6-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance 2005-081 to amend the signage plan and sign finishing requirements of the special sign district for Denton Towne Crossing on a site located at 1715 South Loop 288, legally described as Denton Towne Crossing Addition, Block A, Lot 6, 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. (SD10-0001, Del Taco)  The Planning and Zoning Commission recommends approval (6-0).

D.

Continue a public hearing and 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 classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, on approximately 0.26 acres of land located on the east side of Bonnie Brae Street and approximately 200 feet south of Emery Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z10-0012, Janke Addition)  The Planning and Zoning Commission recommends approval (4-0).

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.

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

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