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

1.

Consultation, discussion, deliberation, and receipt of legal information and legal advice from the City’s attorneys regarding a Local Preference Purchasing Policy, where 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 clearly conflicts with Chapter 551 of the Texas Government Code.

2.	Consult with City’s attorneys regarding litigation strategy and the status of Love’s Travel Stops & Country Stores v. City of Denton, Cause No. 2010-50304-367, currently pending in the 367th District Court of 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.

2.

Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, and located generally in the 1700 Block of Bonnie Brae 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.

3.

Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, and located generally in the 2200 Block of South Bonnie Brae Street, City of Denton, Texas.  Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property interests 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 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071; Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072.

1.

Receive a briefing from staff, discuss and deliberate regarding public power competitive and financial matters involving the established route for the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project in the City of Denton, Texas; consult with the City’s attorneys regarding additional legal issues involved in said Project, where 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; and discuss, deliberate and receive information from staff and provide staff with direction regarding the value, location, acquisition or condemnation of tracts of real property involved in the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project.

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.	An ordinance to amend the currently adopted 2009 International Energy Conservation Code (IECC).

b.	An ordinance to adopt the 2009 International Building Code (IBC), the 2009 International Residential Code (IRC), the 2009 International Plumbing Code (IPC), the 2009 International Mechanical Code (IMC), and the 2009 International Fuel Gas Code (IFGC) as amended by the City.

c.	An ordinance to adopt the 2011 National Electrical Code (NEC) as amended by the City.

A.

U.S. Flag

B.	Texas Flag

A.	Proclamations/Awards

1.	Women Veterans Month

2.	100th Anniversary of the Girl Scouts of America

3.	American Red Cross Month

4.	Surveyor’s Week

5.	Presentation of Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association.

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1)	Dr. Bettye Myers concerning the Denton City County Day School request for the addition of a cover over a concrete slab on their playground.

2)	Bob Clifton regarding city elections.

A.

Consider adoption of an ordinance by the City of Denton Texas, authorizing the City Manager to execute Amendment No. One to a Professional Services Agreement with AR/WS Texas, LP, for further services regarding the Procurement and Delivery of Land Rights for the Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project; authorizing the expenditure of funds therefor in an amount not-to-exceed $63,600; and providing an effective date (File 4744-aggregating not-to-exceed $445,400). The Public Utilities Board recommends approval (6-0).

B.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Wallace, Roberts and Todd, LLC for Consulting Services relating to a Comprehensive Plan Update for the City of Denton Planning Department, and providing for an effective date (File 4672-Comprehensive Plan Update awarded to Wallace, Roberts and Todd, LLC in the amount of $628,500).

C.

Consider adoption of an ordinance accepting competitive bids and awarding a four year contract for the purchase of traffic signs and accessories for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 4844-Four Year Contract for traffic signs and accessories awarded to the lowest responsible bidder meeting specification in the unit price amounts shown on Exhibit A for an annual estimated expenditure of $100,000 and a four year estimated total of $400,000).

D.

Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plant; providing for the expenditure of funds therefor; and providing an effective date (Bid 4890-Annual Contract for water treatment chemicals awarded to the lowest responsible bidder meeting specification in the unit price amounts shown on Exhibit A for an annual estimated expenditure of $820,000).  The Public Utilities Board recommends approval (6-0).

E.

Consider a request for an exception to the noise ordinance for the purpose of performing live music during house concerts hosted by Cassandra Fuhrmann. The house concerts will be located at 616 Woodland Street, beginning at 5:00 p.m. and concluding at 8:00 p.m., on the following Sundays: March 25, April 22, May 27, August 26, September 23, and October 28, 2012. This request is for an increase in decibels from 65 to 69 and for amplified sound on Sundays. Staff recommends approving the noise exception request.

F.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Bryan Korba, representing JDFIU Texas Building, LLC, from the Downtown Reinvestment Grant Program not to exceed $25,000; and providing for an effective date.  The Economic Development Partnership Board recommends approval (6-0-1).

G.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and Bill Davidson for the property located at 4824 Lockheed, Denton Municipal Airport; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

H.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and Hangars Plus, L.L.C. for the property located at 4846 Lockheed, Denton Municipal Airport; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

I.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and Hangars Plus, L.L.C. for the property located at 4888 Lockheed, Denton Municipal Airport; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

J.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and David Smith for the property located at 4862 Lockheed, Denton Municipal Airport; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

K.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a Third Amendment to an Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15, 2009 and amended by Ordinance 2010-193 dated August 17, 2010 between the City of Denton, Texas and Sykes-Vaughn Investments, LLC, which includes among other provisions the right to sell aviation fuel to the public for a fuel flowage fee and to provide commercial hangar and tie-down service at the Denton Municipal Airport for real property located at 4600 Taxiway "H"; and, providing an effective date.  The Council Airport Committee recommends approval (3-0).

L.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a Fourth Amendment to an Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15, 2009 and amended by Ordinance 2010-193 dated August 17, 2010 and amended by Ordinance dated March 6, 2012 between the City of Denton, Texas and Sykes-Vaughn Investments, LLC, which includes among other provisions the right to sell aviation fuel to the public for a fuel flowage fee and to provide commercial hangar and tie-down service at the Denton Municipal Airport for real property located at 4703 Spartan Drive; and, providing an effective date.  The Council Airport Committee recommends approval (3-0).

M.	Consider approval of the minutes of: January 31, 2012 February 6, 2012 February 7, 2012

N.

Consider adoption of an ordinance abandoning and vacating a utility easement reserved by the City of Denton, Texas in (i) that certain Quitclaim, dated on or about January 16, 1979, from the City of Denton to W.D. Gaston, recorded in Volume 934, Page 669, Real Property Records, Denton County, Texas; and (ii) that certain Quitclaim, dated on or about January 16, 1979, from the City of Denton to Eva Inez Giles, recorded in Volume 934, Page 667, Real Property Records, Denton County, Texas, said utility easement located in the E. Puchalski Survey, Abstract No. 996, Denton County, Texas; and declaring an effective date.

O.

Consider adoption of an ordinance abandoning and vacating a portion of a drainage easement granted to the City of Denton, Texas pursuant to that certain drainage easement, accepted by the City of Denton, March 15, 2007, from D.R. Horton - Texas, Ltd., and recorded as instrument No. 2007-30855, Real Property Records, Denton County, Texas, said drainage easement located in the William Roark Survey, Abstract No. 1087, Denton County, Texas; and declaring an effective date.

P.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a contract for sale of real estate (the "contract"), by and between the City of Denton, Texas as buyer and Denton County, Texas, as seller, contemplating the sale to and purchase by the City of Denton of an approximate 2.0 acre tract of real property in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, located generally at the corner of McKinney Street and Oakland Street, City of Denton, Texas (the "property"), for the purchase price (herein so called) of one million and no/100 dollars ($1,000,000.00); 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; terminating the prior contract offer submitted by the City of Denton to Denton County, Texas related to the property; authorizing the expenditure of funds therefor; and providing for an effective date.

Q.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) a utility and slope easement encumbering a 0.02 acre tract and a 0.03 acre tract, and (II) a temporary construction, grading and access easement, encumbering a 0.06 acre tract and a 0.02 acre tract, all tracts located in the City of Denton, Denton County, Texas, and situated in the O.S. Brewster survey, abstract number 56, City of Denton, Denton County, Texas, as more particularly described on exhibit "A", to the referenced ordinance, located generally in the 1700 block of south Bonnie Brae street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae road, a municipal street and roadway; authorizing the city manager or his designee to make an offer to Bettye L. Martin to purchase the property interests for the purchase price of seven thousand sixty nine dollars and no cents ( $7,069.00 ), and other consideration, as prescribed in the easement purchase agreement, attached to the referenced ordinance; authorizing the expenditure of funds therefore; and providing an effective date.

R.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a .07 acre tract; (II) a utility and slope easement encumbering a 0.07 acre tract; (III) a utility and drainage easement encumbering a .01 acre tract; (IV) a drainage easement encumbering a .03 acre tract; (V) a slope easement encumbering a 213 square foot tract; and (VI) a temporary construction, grading and access easement encumbering a 0.08 acre tract, all tracts located in the City of Denton, Denton County, Texas, and situated in the O.S. Brewster survey, abstract number 56, City of Denton, Denton County, Texas, as more particularly described on exhibit "A", to the referenced ordinance, located generally in the 2200 block of south Bonnie Brae street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae road, a municipal street and roadway; authorizing the city manager or his designee to make an offer to Christopher M. Watts to purchase the property interests for the purchase price of nine thousand three hundred twenty two dollars and no cents ( $9,322.00), and other consideration, as prescribed in the purchase agreement, attached to the referenced ordinance; authorizing the expenditure of funds therefore; and providing an effective date.

S.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second amendment to an agreement for professional legal services with Wolfe, Tidwell & McCoy, LLP for professional legal services relating to pending litigation styled Love’s Travel Stops and Country Stores v. City of Denton, Cause No. 2010-50304-367, filed in the 367th District Court of Denton County, Texas; authorizing the expenditure of funds therefor in an amount not to exceed $185,000; and providing an effective date.

A.

Consider adoption of an ordinance amending the water conservation and drought contingency plan of the City of Denton, Texas previously adopted by the city council in Ordinance No. 2009-134 enacted on the 2nd day of June, 2009 regarding only sections 6.6 and 6.7 thereof; amending the drought and emergency response stages of the water conservation and drought contingency plan; amending the enforcement provisions of mandatory restrictions of the water conservation and drought contingency plan; providing for the stages of enforcement for violators of the plan; providing for administrative fees to be charged to violators for certain violations of the plan;  providing a criminal penalty not to exceed $2,000 per violation of the plan; providing a civil penalty not to exceed $1,000 per day per violation of the plan; providing civil legal remedies for the City of Denton, Texas; providing a savings clause; providing a severability clause; and providing an effective date.

B.	Consider appointments to the Citizen Advisory Committee for the proposed 2012 Bond Election.

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.