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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 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.	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 developing an industrial park in the industrially zoned area north of Airport Road and west of I-35.  This discussion shall include commercial and financial information the City Council has received from the property owner which the City Council seeks to have develop 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

2.

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.

3.

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 for the purpose of developing locating a light manufacturing/assembly facility on Loop 288 and Russell Newman Blvd.  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 company locate, stay, or expand 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.

C.	Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.

1.

Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.

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

1.

Consult with, and provide direction to, the City’s attorneys regarding legal issues associated with revisions to the City’s pretreatment program regulating discharges into the City’s sanitary wastewater system, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council of the City of Denton and the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

2.

Consult with and provide direction to, the City’s attorneys regarding legal issues associated with the re-districting process of City Council district boundaries as a result of the 2010 census, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council of the City of Denton and the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

E.	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 a fee simple tract, a temporary construction easement tract, and a public utility easement tract for the Mayhill Road Widening and Improvements project, affecting real property tract in the M. Forrest Survey, Abstract No. 417, 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.

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.	Presentation of the Heart and Stroke Healthy City Award from the Texas Council on Cardiovascular Disease and Stroke.

2.	Presentation of Top 100 Fleet Award.

A.	Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date.

B.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Brandon Martino from the Downtown Incentive Grant Program not to exceed $15,000; and providing for an effective date.  The Economic Development Partnership Board recommends approval (7-0).

C.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Joe Northern from the Downtown Incentive Grant Program not to exceed $5,000; and providing for an effective date.  The Economic Development Partnership Board recommends denial (7-0).

D.

Consider approval of a resolution of the City of Denton, Texas approving the creation of a mural 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 (6-0).

E.

Consider adoption of an ordinance authorizing a Professional Services Agreement for Appraisal Services and ROW Acquisition Services by and between AR/WS Texas LP, and the City of Denton for services regarding the procurement and delivery of land rights for the Denton Municipal Electric 69kV Kings Row to Spencer Transmission Line Upgrade Project (Phase II); in a not-to-exceed amount of $381,800.00.  The Public Utilities Board recommends approval (4-0).

F.

Consider adoption of an ordinance of the City of Denton, Texas, amending Article V, entitled "Direct and Indirect Discharge into Sanitary Wastewater System" of Chapter 26, "Utilities", of the Code of Ordinances of the City of Denton, Texas, related to discharge into the sanitary wastewater system; providing the purpose and scope of the ordinance; providing definitions; providing for administration of program; providing procedures for abatement of violations; providing for penalties; providing for determination of the character and concentration of wastewater; providing for approval of plans, issuance of permits and certification of final inspections; providing for inspections; providing rights of access to industrial user records; providing for right of entry to users’ property; providing affirmative defenses; providing for bypass; providing for public participation; requiring connection to the sanitary sewer; providing for the prohibition of dry closets; providing for the construction of sanitary sewers and connections; providing for owner responsibility for maintenance of sanitary sewer service lines; requiring compliance with building regulations; prohibiting certain discharges into the publicly owned treatment works; providing for specific pollutant limitations; prohibiting discharge of waters not containing wastewater to the wastewater system; prohibiting discharge of polluted water to any storm sewer or natural outlet; providing for the installation of traps regarding certain discharges; requiring permits of wastewater discharges from transport trucks; requiring permits for significant industrial users to connect to the wastewater system; providing procedures for obtaining permits; providing for suspension or revocation of permits and the effect thereof; providing for reinstatement of suspended or revoked permits; requiring necessary pretreatment of wastewater by significant industrial users; requiring control manholes; providing for a surcharge for abnormal strength wastewater; providing for the  effect of the united states code of federal regulations; providing a savings clause; providing a misdemeanor penalty not to exceed $2,000 per day for violations of this ordinance; providing a civil penalty not to exceed $5,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the city; and providing for an effective date.  The Public Utilities Board recommends approval (4-0).

G.

Consider approval of a resolution of the City Council of the City of Denton, Texas, committing to the continuation of adequate funding for implementation of the City of Denton Environmental Protection Agency approved pretreatment program; and providing an effective date.  The Public Utilities Board recommends approval (4-0).

H.	Consider approval of a resolution of the City of Denton to designate the Loop 288 project west of IH-35 (from IH-35 to IH-35W) to the State Highway System; and providing an effective date.

I.	Consider approval of a resolution re-appointing a member to the Board of Directors of the Texas Municipal Power Agency, a Joint Powers Agency, representing the City of Denton, Texas; and declaring an effective date.

J.	Consider approval of the minutes of: May 17, 2011 May 24, 2011 June 6, 2011

A.	Consider approval of a resolution nominating a representative to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date.

B.

Consider a request for an exception to the Noise Ordinance for the hours of operation for the purpose of an event with live music on Saturday, July 9, 2011, at 1000 Myrtle Street. The exception is requested for extension of the hours of operation for amplified sound from 10:00 p.m. to midnight. The level of sound is to remain at the allowable 70 decibels. Staff recommends denial of the exception to the Noise Ordinance based on the number of noise complaints received by the Denton Police Department, in connection with this address, since March 1, 2011.

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.