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 August 2, 2011.
A. 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 Love's Travel Stops & Country Stores v. City of Denton, Cause No. 2010-50304-367, currently pending in the 367th District Court, Denton County.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071; 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 potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition 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.
C. 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 a property owner for the purpose of redeveloping a major retail facility in the City of Denton, located at Loop 288 and I-35E. This discussion shall include commercial and financial information the City Council has received from the property owner which the City Council seeks to have the property redeveloped 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.
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.
A. Consider a request for an exception to the Noise Ordinance for amplified sound on a Sunday and an increase in decibels from 70 to 75 for an outdoor concert sponsored by Red Bull North America, Inc. Live music would be performed on Sunday, August 28, 2011, in Lucky Lou's parking lot located at 1207 W. Hickory Street. The exception is requested for an increase in amplified sound to 75 decibels on Sunday from noon to 2:00 p.m. for a sound check and from 5:30 p.m. until approximately 10:00 p.m. Staff recommends approval of the applicant's request.
B. Consider and confirm the re-appointment by the City Manager of Abraham Benavides to the Civil Service Commission.
C. 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 a Hybrid Bucket Truck for the City of Denton Electric Department; providing for the expenditure of funds from the American Recovery and Reinvestment Act Grant in the amount of $48,041 therefor; and providing an effective date (File 4763-Purchase of Hybrid Bucket Truck for the City of Denton Electric Department awarded to Rush Truck Center, Crane in the amount of $132,751 and Altec, Inc. in the amount of $140,713 for a total award amount of $273,464). The Public Utilities Board recommends approval (5-0).
D. Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the construction of the Preston and Brown Street 8" Sanitary Sewer Replacement/FM 2499 Utility Relocation Hickory Creek Outfall for the City of Denton (Bid Number 4721); and providing an effective date. The Public Utilities Board recommends approval (4-0).
E. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said Agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Council Airport Committee recommends approval (3-0).
F. Consider adoption of an ordinance accepting a deed from Forestar (USA) Real Estate Group, Inc., a Delaware Corporation, conveying to the City of Denton an approximate 15.378 acre tract situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas for Park and Recreation purposes; and providing an effective date.
G. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Landscape and Maintenance Agreement between the City of Denton and the Preserve at Pecan Creek Homeowners Association Inc., a Texas Non-Profit Corporation regarding a 15.378 acre tract of land located in the Gideon Walker Survey, Abstract Number 1330, City and County of Denton, Texas; and providing an effective date.
H. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale, by and between the City of Denton Texas, as Buyer and Krista M. Black and Joel N. Fountain, as Seller, contemplating the sale to and purchase by the City of Denton of an approximate 0.94 acre tract of real property in the M. Yoachum Survey, Abstract Number 1442, Denton County, Texas, being the tract conveyed from Geneva Potts Trust to David Lee Dosier, et ux, recorded in Volume 4130, Page 453, Real Property Records, Denton County, Texas, also known as 228 Mockingbird Lane, Denton, Texas, for the purchase price of one hundred eighteen thousand five hundred and no/100 dollars ($118,500.00); authorizing the City Manager to execute and deliver any and all other documents necessary to accomplish the closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. This property will be used to enlarge E. J. Milam Park.
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
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.