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

1.

Receive a presentation and a status report from staff regarding public power competitive and financial issues and matters regarding the proposed Purchase Power Contract regarding the purchase of a portion of the City’s electrical energy requirements and related matters; discuss deliberate, consider and provide staff with direction regarding same.  Receive a consultation with the City’s attorneys regarding legal issues concerning said proposed Purchase Power Agreement; and discuss, deliberate and provide the City’s attorneys with direction and any recommendations regarding such legal matter.  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.

2.

Receive a status report and further presentation from staff regarding public power competitive and financial matters regarding the possible construction and installation of a state-of-the-art combined heat and power (CHP) tri-generation station for the City to be located in the industrial district in the City of Denton, Texas; discuss deliberate, consider and provide staff with direction regarding same.  Receive a briefing from and a further consultation with the City’s attorneys regarding legal issues concerning the possible construction and installation of a combined heat and power (CHP) tri-generation station for the City in the industrial district in the City of Denton, Texas; and discuss, deliberate and provide the City’s attorneys with direction and any recommendations regarding such legal matter.  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.

B.	Consultation with Attorneys - Under Texas Government Code, Section 551.071; and Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072.

1.

Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition of tracts of real property as follows:  I. An approximate 5.922 acre tract of land situated in the John Davis Survey, Abstract Number 326, the Thomas Tobey Survey, Abstract Number 1285, and the James Perry Survey, Abstract No. 1040, City of Denton, Denton County, Texas; II. Easements and Temporary Construction, Grading and Access Easements in, on, over, under and across lands situated in the John Scott Survey, Abstract Number 1222, the Thomas Toby Survey, Abstract Number 1285, the James Perry Survey, Abstract Number 1040, and the John Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas; and III. Amendments to Electric Utility Easements in, on, over, under and across lands situated in the E. Puchalski Survey, Abstract Number 996, the James Perry Survey, Abstract Number 1040, and the Thomas Toby Survey, Abstract Number 1285, City of Denton, Denton County, Texas, all for public purposes; 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 Public Utilities Board 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.

2.

Discuss, deliberate and receive information from Staff and provide Staff with direction pertaining to the possible acquisition of certain real property located in the downtown area of Denton, Texas, Denton County, Texas, including real property located in the H. Cisco Survey, Abstract No. 1184 and in B.B.B. & C.R.R Company Survey, Abstract No. 185. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property referenced hereinabove, 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 potential litigation.

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

1.

Receive a report and hold a discussion with the City’s attorneys regarding legal issues related to the delinquent tax collection services contract and provide the City’s attorneys with direction.  A public discussion of this legal matter would conflict with the duty of the City’s Attorneys to the client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

2.

Receive a status report regarding the litigation entitled: The University of North Texas, Appellant v. The City of Denton, Texas, Appellee, Cause No. 02-09-00395-CV, before the Fort Worth Court of Appeals, reversed and remanded to the 158th Judicial District Court in and for Denton County, Texas; and discuss, deliberate and provide the City’s attorneys with direction and any recommendations regarding such legal matter.  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.

3.	Consult with City’s attorneys regarding the status and potential settlement of pending litigation styled Montano, et al. v. City of Denton, Cause No. 2009-60325, currently pending in the 431st District Court, Denton County.

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 Redbud Festival Day

2.	Tree City USA presentation

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Kimberly Truax regarding zoning for residential care home.

A.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the purchase of a Peterbilt Cab/Chassis for the Solid Waste Recycling program and a Peterbilt Cab/Chassis for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4663-Purchase of Peterbilt Cab/Chassis for Solid Waste and Denton Municipal Electric awarded to Rush Crane and Refuse Systems International in the amount of $147,600).  The Public Utilities Board recommends approval (6-0).

B.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of twelve vehicles and/or equipment items for various City of Denton Utility Departments by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4700-Purchase of Vehicles and Equipment for Utility Fund Departments awarded to multiple vendors in the amount of $2,119,254.40).  The Public Utilities Board recommends approval (6-0).

C.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a Neighborhood Park and Playground Project for the Preserve at Pecan Creek and Owsley Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4653-awarded to the lowest responsible bidder meeting specification, Redden Concrete, Inc., in the amount of $320,950).

D.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Drainage Improvements for West Prairie Street; 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 $150,648.30).  The Public Utilities Board recommends approval (4-0).

E.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Retaining Wall Materials for construction of the Third Phase of a Screening Wall at Phase 3, Cell A at the City of Denton Landfill 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 4702-Purchase of Retaining Wall Materials for Second Phase of Screening Wall Installation at City of Denton Landfill awarded to Stone Strong, LLC in the amount of $128,292.50). The Public Utilities Board recommends approval (6-0).

F.

Consider adoption of an ordinance approving the expenditure of funds for the purchase of Software Upgrades to FASTER Fleet Management software and Annual Maintenance for continued vendor support from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids;  providing for the expenditure of funds therefor; and providing an effective date (File 4568-Purchase of Software Upgrades and Annual Maintenance for FASTER Web Software Package awarded to CCG Systems, Inc. in the amount of $98,000).

G.

Consider approval of a resolution authorizing the City Manager, or his designee, as Denton’s authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for engineering and construction of a ramp area adjacent to the Airport Terminal at the Denton Municipal Airport; confirming agreement to pay a portion of the total project cost; and, providing an effective date.  The Airport Advisory Board recommends approval (3-0).

H.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract (herein so called) between the City of Denton, Texas and Westpark Group, L.P., a Texas limited partnership and Rayzor Investments, LTD., a Texas limited partnership, contemplating the purchase by the City of Denton, Texas of (I) an approximate 5.922 acre tract of land situated in the John Davis Survey, Abstract Number 326, the Thomas Toby Survey, Abstract Number 1285, and the James Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas; (II) Easements and Temporary Construction, Grading and Access Easements in, on, over, under and across lands situated in the John Scott Survey, Abstract 1222, the Thomas Toby Survey, Abstract Number 1285, the James Perry Survey, Abstract Number 1040, and the John Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas; and (III) Amendments to Electric Utility Easements in, on, over, under and across lands situated in the E. Puchalski Survey, Abstract Number 996, the James Perry Survey, Abstract 1040, and the Thomas Toby Survey, Abstract Number 1285, City of Denton, Denton County, Texas, all for public purposes; authorizing the City Manager, or his designee, to execute, deliver and accept any and all Deeds, Easements, Temporary Construction, Grading and Access Easements, Amendments to Electric Utility Easements, and any other documents necessary to accomplish closing of the transactions contemplated by the Contract; authorizing the expenditure of funds therefore; and providing an effective date.

I.

Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2010-226 ("original ordinance"), pertaining to the acquisition through agreement or eminent domain of variable width sanitary sewer easements and temporary construction easements, by replacing certain legal descriptions contained therein, all being located within Lots 4 and 5, Block 7, College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 1, Page 13, Plat Records, Denton County, Texas; providing that, except for such legal description amendments made to Attachment "1" of the Original Ordinance, all provisions and findings of the Original Ordinance shall remain valid and subsisting and in full force and continuous effect; and providing an effective date.

J.	Consider approval of a resolution of the City Council of the City of Denton, Texas establishing guidelines for persons submitting comments and specific redistricting proposals; and providing an effective date.

K.	Consider approval of a resolution of the City Council of the City of Denton, Texas adopting criteria for use in the redistricting 2011 process; and providing an effective date.

L.	Consider approval of a resolution authorizing the City Manager to submit an offer to Denton County for the purchase of a 2-acre tract, more or less, of real property situated in the Hiram Cisco Survey, Abstract No. 1184, Denton County, Texas; and providing an effective date.

A.

Consider adoption of an ordinance approving an Advance Funding Agreement for a Project Using Funds Held in the State Highway 121 Subaccount in the amount of $1,964,500.00 between the City of Denton and the State of Texas for the design and installation of Intelligent Transportation System Trunk Lines at various locations in the City of Denton, authorizing the City Manager or his designee to execute said Agreement on behalf of the City of Denton; and declaring an effective date.

B.

Continue consideration 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 approximately 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 for violations thereof, severability and an effective date. (Z10-0007, 1411 E. University Dr.)  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 (3/4) IS REQUIRED BY THE CITY COUNCIL TO APPROVE THIS ITEM.

C.	Consider appointments to the City Council Airport Committee.

A.

Hold the second of two public hearings to consider the voluntary annexation and Service Plan of approximately 1.148 acres of land located within the City’s Extraterritorial Jurisdiction (ETJ) in accordance with Chapter 43 of the Texas Local Government Code.  The site is located on the west side of Country Club Road; just north of the Education Center at Denton; between Ryan Road to the north and Brush Creek Road to the south.  The Planning and Zoning Commission recommends approval (5-0).  (A11-0001, Burch Property Annexation)

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.