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| 1. | Citizen Comments on Consent Agenda Items |
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 November 1, 2011. |
| 3. | Receive a report, hold a discussion and give staff direction regarding Single-Family:Multi-Family development ratio within the city of Denton. |
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
| 1. | Closed Meeting: |
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. Deliberations Regarding Real Property - Under Texas Government Code, Sec. 551.072; and Consultation with Attorneys - Under Texas Government Code, Sec. 551.071.
1. Discuss, deliberate and receive information from Staff and provide Staff with direction pertaining to the possible acquisition of certain real property more particularly described as a 0.16 acre tract, being Lot 13, Block 4 of Solomon Hills, No. 3, an addition to the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the tract referenced 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 potential litigation.
B. 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 the leasing of land and financing of a city facility on University of North Texas Property located at I-35 and North Texas Boulevard. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives.
| 1. | PLEDGE OF ALLEGIANCE |
A. U.S. Flag
B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."
| 2. | PROCLAMATIONS/PRESENTATIONS |
A. Proclamations/Awards
1. Presentation by the Heroes of Denton County Board of Directors to retiring member Ross Chadwick.
2. National Nurse Practitioner Week proclamation
3. America Recycles Day proclamation
4. Presentation of Regional, State and National awards for Denton’s Drug Disposal Day Program.
| 3. | CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - W). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - W below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. |
A. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($10,240 - The Hotel Occupancy Tax Committee recommends approval (3-0).
B. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue; and providing an effective date. ($16,580 - The Hotel Occupancy Tax Committee recommends approval (3-0).
C. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($650,080 - The Hotel Occupancy Tax Committee recommends approval (3-0).
D. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,010 - The Hotel Occupancy Tax Committee recommends approval (3-0).
E. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue, and providing an effective date. ($14,590 - The Hotel Occupancy Tax Committee recommends approval (3-0).
F. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. ($82,820 - The Hotel Occupancy Tax Committee recommends approval (3-0).
G. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. ($117,780 - The Hotel Occupancy Tax Committee recommends approval (3-0).
H. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($7,640 - The Hotel Occupancy Tax Committee recommends approval (3-0).
I. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. ($23,010 - The Hotel Occupancy Tax Committee recommends approval (3-0).
J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,000 - The Hotel Occupancy Tax Committee recommends approval (3-0).
K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($73,620 - The Hotel Occupancy Tax Committee recommends approval (3-0).
L. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($50,610 - The Hotel Occupancy Tax Committee recommends approval (3-0).
M. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Texas Filmmakers Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($5,000 - The Hotel Occupancy Tax Committee recommends approval (3-0).
N. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House, African American, Old No. 14 Fire House, Elm Ridge Church, Welcome Center and Outhouse Museums; and providing an effective date. ($90,840 - The Hotel Occupancy Tax Committee recommends approval (3-0).
O. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Denton County Historical Commission; and providing an effective date. ($17,730 - The Hotel Occupancy Tax Committee recommends approval (3-0).
P. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the Rental of Heavy Equipment for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4814-Annual Contract for Heavy Equipment Rental Service awarded to the lowest responsible bidder meeting specification for each item, in the annual estimated amount of $750,000).
Q. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4847-2011-12 Electrical Energy Transmission Fees in the total amount of $1,234,986.27). The Public Utilities Board recommends approval (5-0).
R. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Euless under Section 271.102 of the Local Government Code for the purchase of Street Slurry Seal Services; providing for the expenditure of funds therefor; and providing an effective date (File 4395-Interlocal Agreement for Street Slurry Seal Services with the City of Euless, contract awarded to Viking Construction, Inc. in the estimated amount of $260,000).
S. Consider adoption of an ordinance accepting competitive proposals and awarding a five year contract for heavy duty equipment maintenance and repairs for the City of Denton Fleet Services Division; providing for the expenditure of funds therefor and providing an effective date (RFP 4729-Five Year Contract for Maintenance of Heavy Duty Fleet Mechanical Services awarded to Darr Equipment Co. in the annual estimated amount of $400,000 for a five year total estimated amount of $2,000,000).
T. Consider approval of a resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date.
U. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a contract of sale (herein so called) between the City of Denton, as Buyer and Deborah Jannette Gailes, formerly Deborah Jannette Wrenn and Claudia Wrenn Badger, formerly Claudia Wrenn, as Sellers, contemplating the sale and purchase of a tract of land, being Lot 13, Block 4 of Solomon Hills, No. 3, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Volume 183, Page 84, Deed Records, Denton County, Texas, (the "Real Property"), for the purchase price of Forty Six Thousand and No/100 Dollars ($46,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all documents necessary to accomplish closing of the transaction contemplated by the contract of sale; authorizing the expenditure of funds therefore; and providing an effective date.
V. Consider adoption of an ordinance on third and final reading of the City Council of the City of Denton, Texas, granting to Denton County Electric Cooperative, Inc., D/B/A CoServ Electric, its successors and assigns, the non-exclusive right to use and occupy rights-of-way within the City of Denton for the construction and operation of an electric transmission and distribution system; prescribing conditions governing the use of the public rights-of-way; providing for compensation therefor, providing for a term of said franchise; providing for written acceptance of this franchise; finding that the meeting at which this ordinance is passed is open to the public; providing for severability; and providing for an effective date.
W. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("City") to execute for and on behalf of the city an Easement Abandonment Agreement ("Agreement"), by and between ULE, LLC and the City, contemplating the (i) abandonment of that certain public drainage easement, dated September 17, 2002, from Westminster Ltd. to the City of Denton, Texas, recorded at Volume 5238, Page 3740, Real Property Records, Denton County, Texas; (ii) partial abandonment of that certain sanitary sewer easement, dated June 1, 1998, from Westminster, Ltd. to the City of Denton, Texas, recorded at Volume 4103, Page 1495, Real Property Records, Denton County, Texas; and (iii) abandonment of that certain sanitary sewer easement, dated November 19, 1968, from Harold E. Harman to the City of Denton, Texas, recorded at Volume 578, Page 332, Deed Records of Denton County, Texas, upon the terms and conditions provided in the agreement, and affecting lands located in the Benjamin Lewis Survey, Abstract No.769 and the Jeremiah Fisher Survey, Abstract No.421, Denton County, Texas, all as more particularly described in the agreement; and declaring an effective date. (Unicorn Lake Estates Addition - Drainage and Utility Line Rearrangements)
| 4. | PUBLIC HEARINGS |
| 5. | CITIZEN REPORTS |
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Bob Clifton regarding post Halloween Depression: Removing the Mask of Competency in City Government.
| 6. | CONCLUDING ITEMS |
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.
| ______________________________ CITY SECRETARY |