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

1.	Consult with City’s attorneys regarding litigation strategy and the status of litigation styled Jones v. City of Denton, Cause No. 2011-50255-367, currently pending in the 367th District Court of Denton County.

2.

Receive a briefing from the City’s attorneys regarding an offer of settlement received from the Texas Commission on Environmental Quality, regarding Docket No. 2012-0092 MLM-E, Enforcement Case 43278 regarding the spill incident at the Lake Ray Roberts Water Treatment Plant facility; and discuss, deliberate and provide the City’s attorneys with direction and 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 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 potential purchase of certain real property interests located in the M.E.P. & P. Railroad Survey, Abstract No. 1473, M.E.P. & P.R.R. Survey, Abstract Number 1475, and the R.B. Longbottom Survey, Abstract Number 775, Denton County, Texas, and located generally in the 2500 block of McKinney Street, along the north line of Paisley Street, east of Pace Drive, and along the south line of Virginia Circle, just south of University Drive, all within the 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 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1.

Receive a briefing and presentation from staff, discuss and deliberate regarding public power competitive and financial matters pertaining to available power purchase alternatives and generation resources concerning the City of Denton/Denton Municipal Electric; consult with the City’s attorneys regarding  legal issues involved in said briefing and presentation, 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.

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.	Denton Redbud Festival Day

2.	Presentation of Tree City USA Re-Certification

A.

Consider a request for an exception to the Noise Ordinance for the purpose of the fifth Annual Beanstock Music Festival, sponsored by Cool Bean’s Bar and Grill. The event will be held at Cool Beans Bar and Grill located at 1210 W. Hickory Street on Saturday, April 21, 2012, beginning at noon and concluding at 1:00 a.m. The exception is requested for extension of the hours of operation for amplified sound. Staff recommends approving the requested exception to the noise ordinance.

B.

Consider approval of a resolution of the City Council of the City of Denton, Texas, replacing a Policy for Tax Abatement for the City of Denton to establish guidelines and criteria governing Tax Abatement Agreements; and declaring an effective date.  The Economic Development Partnership Board recommends approval (5-0).

C.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Second Amendment to Right of Entry and possession, by and between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain right of entry and possession, between the City and DCTA, dated May 3, 2011, granting DCTA access to the Downtown Denton Transit Center ("DDTC") and certain lands surrounding the DDTC, located in the Hiram Sisco Survey, Abstract Number 1184, to conduct public transportation related operations; and providing an effective date.

D.

Consider adoption of an ordinance establishing a program to provide relocation advisory services and relocation financial assistance to eligible persons or parties affected by City of Denton, Texas real property interest acquisitions related to street, roadway, utility and/or other public works construction, improvement or expansion projects (a "project"); authorizing the expenditure of funds therefor; and providing an effective date.

E.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.424 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.241 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway, authorizing the City Manager or his designee to make an offer to George A. Calhoun and wife, Jannet D. Calhoun to purchase the Property Interests for the purchase price of Eighty Three Thousand One Hundred Eighty Two Dollars and No Cents ($83,182.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project)

F.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.406 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.235 acre tract, all tracts located in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 300 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Charles David Nelson and wife, Janet L. Nelson to purchase the Property Interests for the purchase price of Eighty Four Thousand Three Hundred Ninety Nine Dollars and No Cents ($84,399.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project)

G.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.215 acre tract; and (II) a temporary construction, grading and access easement, encumbering a 0.195 acre tract, all tracts located in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1000 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Carl Kenneth Clay to purchase the Property Interests for the purchase price of Sixty Eight Thousand Four Hundred Sixty One Dollars and No Cents ($68,461.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project)

H.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.996 acre tract in the M.E.P. & P.R.R. CO. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1300 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Lee Ann Phillips to purchase the Property Interests for the purchase price of Ninety Five Thousand Dollars and No Cents ($95,000.00),  as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements project)

I.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.286 acre tract located in the M.E.P. & P.R.R. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2500 block of McKinney Street (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Bobbie R. Mitchell and wife, Corine Mitchell to purchase the Property Interests for the purchase price of Sixty Eight Thousand One Hundred Ninety Five Dollars and No Cents ($68,195.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).  The Public Utilities Board recommends approval (5-0).

J.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire an easement encumbering an approximate 0.911 acre tract located in the M.E.P. & P.R.R. Survey, Abstract Number 1475, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 2500 block of McKinney Street (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Gary Dennis Dillard to purchase the Property Interests for the purchase price of One Hundred Thirty Two Thousand Nine Hundred Eighty Three Dollars and No Cents ($132,983.00), and other consideration, as prescribed in the Easement Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).  The Public Utilities Board recommends approval (5-0).

K.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2431 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 20, Block A, of Bellaire Crossing, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Thirty One Thousand Seven Hundred Seventy Three Dollars and No Cents ($31,773.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).  The Public Utilities Board recommends approval (5-0).

L.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2135 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 21, Block A, of Bellaire Crossing, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Thirty  Thousand Two Hundred Twenty Eight Dollars and No Cents ($30,228.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).  The Public Utilities Board recommends approval (5-0).

M.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.1905 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas known as Lot 22, Block A, of Bellaire Crossing, according to the plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Twenty Six Thousand Nine Hundred Sixty Nine Dollars and No Cents ($26,969.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).  The Public Utilities Board recommends approval (5-0).

N.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 0.2025 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, City of Denton, Denton County, Texas, known as Lot 25, Block A, of Bellaire Crossing, according to the Amending Plat thereof recorded in Cabinet X, Page 111, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, east of Pace Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to Audra Oaks Home Builders, LLC to purchase the Property Interests for the purchase price of Twenty Eight Thousand Six Hundred Seventy Two Dollars and No Cents ($28,672.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "A"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).  The Public Utilities Board recommends approval (5-0).

O.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to an approximate 1.91 acre tract located in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally along the south line of Virginia Circle, just south of University Drive (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to C.S. Residential, Inc. to purchase the Property Interests for the purchase price of Two Hundred Twenty Eight Thousand Six Hundred Fifty Two Dollars and No Cents ($228,652.00), and other consideration, as prescribed in the Contract of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project).  The Public Utilities Board recommends approval (5-0).

P.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Hickory Street Sidewalk and Enhancements Project for the Downtown area; providing for the expenditure of funds therefor; and providing an effective date (Bid 4800-awarded to the lowest responsible bidder meeting specification, 2L Construction LLC, in the amount of $404,269.15).

Q.

Consider approval of a resolution allowing Metzler’s Food & Beverage, Inc. to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 5, 2012, 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. Parks, Recreation and Beautification Board recommend approval with a vote of 6-0. Staff recommends approval of the request.

A.	Hold a public hearing inviting citizens to comment on the City of Denton’s 2012 Action Plan for Housing and Community Development.

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton’s Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b)(14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for  a zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation subject to a restrictive overlay on approximately 3.3 acres.  The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z11-0026)  The Planning and Zoning Commission recommends approval (7-0).

D.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a 2,725 acre Detailed Plan to amend Ordinance 2011-124 to allow signs within the Robson Ranch Planned Development District (PD-173).  The subject site is located north of Crawford Road, south of H. Lively Road, east of Florence Road, and west of Hunter Ranch Master Planned Community (AMPC10-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.  (PDA11-0003)  The Planning and Zoning Commission recommends approval (7-0).

E.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  (Z11-0025)  The Planning and Zoning Commission recommends approval (5-1).

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.