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A.	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.

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 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.

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.	Youth Peace Day International

2.	National Financial Literacy Month

3.	National Community Development Week

4.	Child Abuse Prevention Month

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	George Calhoun regarding the widening of Mayhill Road.

2.	Janet Calhoun regarding the widening of Mayhill Road.

3.	Nel Yeldell regarding civil rights matters on air quality.

4.

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 - P). 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 - P 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 of the City Council of the City of Denton, Texas accepting a proposal and awarding a contract for a utility assistance program for low-income households to Interfaith Ministries in an amount not to exceed $85,000; providing for the expenditure of funds therefor; and providing an effective date.  The Public Utilities Board recommends approval (4-0).

B.

Consider a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks Church of Christ Community Festival to be held on Sunday, May 22, 2011, from 4:00 p.m. to 9:00 p.m.  The event will be held in the church parking lot located at 101 Cardinal Drive.  The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. An increase in decibels will not be needed.  Staff recommends approval of the request.

C.

Consider a request for an exception to the Noise Ordinance for the purpose of performing music during the 2011 Relay for Life to be held at the University of North Texas Fouts Field beginning at 3:00 p.m. on Saturday, April 16, 2011, until 6:00 a.m. on Sunday, April 17, 2011.  The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday until 6:00 a.m.  Staff recommends approval of the request.

D.

Consider a request for an exception to the Noise Ordinance for the purpose of the fourth Annual Beanstock Music Festival, sponsored by Cool Beans Bar and Grill.  The event will be held at Cool Beans, located at 1210 W. Hickory Street, on Saturday, April 16, 2011, beginning at 12:00 p.m. and concluding at 12:00 a.m.  The exception is requested for extension of the hours of operation for amplified sound.  Staff recommends approval of the request.

E.

Consider adoption of an ordinance of the City of Denton, Texas, granting the Denton Festival Foundation, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system; and setting an effective date.  Staff recommends approval of the request.

F.

Consider approval of a resolution allowing La Mexicana to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 7, 2011, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.  The Parks, Recreation and Beautification Board recommends approval (5-0).  Staff recommends approval of the request.

G.

Consider approval of a resolution of the City of Denton, Texas approving the exhibition of poetry as a public art project; pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date.  The Parks, Recreation and Beautification Board recommends approval (6-1).

H.

Consider adoption of an ordinance of the City of Denton, Texas, adding Section 18-36 of the Code of Ordinances relating to vulnerable road users; by creating Section 18-36 to define vulnerable road users and re-affirm the obligation of all operators of motor vehicles to exercise due care in the operation of motor vehicles; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date.

I.

Consider adoption of an ordinance of the City Council of the City of Denton awarding a Merchant Services Contract to Elavon, Inc. for a term beginning June 1, 2011 and ending May 31, 2016; authorizing the City Manager to execute a Merchant Services Contract with Elavon, Inc. for credit/debit and check processing services; authorizing the City Manager and other City employees to transact business with Elavon, Inc.; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

J.

Consider adoption of an ordinance of the City Council of the City of Denton designating a Depository for City Funds for a term beginning June 1, 2011 and ending May 31, 2016; authorizing the City Manager to execute a Depository Services Contract with Wells Fargo Bank, N.A., as the primary depository; authorizing the City Manager and other City employees to transact business with the Depository; and providing an effective date.  The Audit/Finance Committee recommends approval (3-0).

K.

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 Two Deck Vibratory Shaker and Eight Station Mobile Process Conveyor System to provide mechanical processing to separate and recycle construction and demolition waste at the City of Denton Municipal Solid Waste Facility by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4677-Purchase of  Two Deck Vibratory Shaker and Eight Station Mobile Process Conveyor System awarded to McCourt and Sons Equipment, Inc. in the amount of $484,700).  The Public Utilities Board recommends approval (5-0).

L.	Consider approval of a resolution approving the City of Denton’s Strategic Plan; and providing for an effective date.

M.	Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2011 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date.

N.	Consider approval of the minutes of: February 15, 2011 February 17, 2011 March 1, 2011 March 8, 2011

O.

Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 30 of the Denton Code of Ordinances to comply with National Flood Insurance Rate Program; providing for severability; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date.

P.

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 to abandon (i) that certain Public Drainage and Detention Easement, dated August 23, 2000, from Campus Park Denton, Ltd. to the City of Denton, Texas, recorded as County Clerk file number 00-R0088188, Volume 4671, Page 42, Real Property Records of Denton County, Texas; (ii) that certain Limited Easement for the Installation of Water and Sewer Utilities, dated November 11, 1987, from George E. Inman, George E. Inman, Jr., Glen Ray Inman and Jimmie D. Inman to the City of Denton, Texas, recorded as Volume 2356, Page 711, Real Property Records, Denton County, Texas; and (iii) a portion of that certain Public Utility Easement, dated August 17, 2000, from Campus Park Denton, Ltd. to the City of Denton, Texas, recorded as County Clerk File No. 00-R0088189, and Volume 4671, Page 48, Real Property Records of Denton County, Texas, insofar and only insofar as said Public Utility Easement encumbers a 544.46 square foot tract, as more particularly described in the easement abandonment agreement; and declaring an effective date.

5.	ITEMS FOR INDIVIDUAL CONSIDERATION

A.	Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board.

B.

Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $32,100,000 in principal amount of "City of Denton Certificates of Obligation, Series 2011"; authorizing the issuance of the certificates; approving and authorizing instruments and procedures relating to said certificates; and enacting other provisions relating to the subject.

C.

Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $10,845,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2011"; authorizing the issuance of the bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject.

D.

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.

E.	Consider adoption of an ordinance amending Ordinance No. 97-299 and Section 3-2 of the Code of Ordinances of the City of Denton by renaming the Airport Advisory Board to the Aviation Safety and Technical Advisory Board; assigning the duties of the board, and prescribing an effective date.

F.

Tabled - Continue Council deliberation and consideration of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) for a telecommunications tower on property currently located within an Employment Center Industrial (EC-I) zoning district.  The approximately 14.9-acre property is located east of Teasley Lane and south of the DCTA railroad right-of-way.  (S10-0010)  The Planning and Zoning Commission recommends approval (6-1). [Public Hearing closed - Council deliberation only]

6.	PUBLIC HEARINGS

A.

Hold the first of two public hearings to consider the voluntary annexation and Service Plan of approximately 1.148 acres of land in accordance with Chapter 43 of the Texas Local Government Code.  The property is appraised for ad valorem tax purposes as land for agricultural use and is located on the west side of Country Club Road, just north of the Education Center at Denton.  (A11-0001, Burch Property Annexation)

7.	CITIZEN REPORTS

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Robert Donnelly regarding the Mayhill Road expansion project.

2.	Hatice Salih regarding petition to repeal Ordinance 2010-292.

3.	Carolyn Phillips regarding ordinance petition drive.

8.	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.