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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 and provide direction to City’s attorneys regarding legal issues and strategies associated within the City limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, extension of a moratorium on drilling and production, and statutory preemption of municipal regulatory authority.

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 certain real property interests located (1) in the A. Tompkins Survey, Abstract No. 1246 (located generally in the 1800 block of Bonnie Brae Street) and (2) in the James Edmonson Survey, Abstract No. 400, Denton County, Texas (located generally in the 3600 Block of Roselawn Street), 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 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 M.E.P. & P. Railroad Survey, Abstract No. 927, Denton County, Texas, and located generally along the west side of Mayhill Road, between Gayla Drive and the east-west segment of Bridges Street, 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 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.

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.	Rail Safety Awareness Month

2.	Denton Public Library Day

3.	National Community Health Improvement Week

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Nell Yeldell regarding deeds to property and related personal issues.

A.

Consider adoption of an ordinance by the City of Denton, Texas, ("CITY") denying a rate increase requested by Atmos Energy Corporation on or about January 31, 2012; determining that the meeting complied with the Texas Open Meetings Act; making other findings and provisions related to the subject; and providing an effective date.

B.

Consider adoption of an ordinance of the City of Denton, Texas authorizing and directing the City Manager or his designee to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to construction of aircraft ramp at the Denton Airport; total cost $1,117,000 with the City of Denton portion $111,700; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date.  The Airport Advisory Board recommends approval (4-0).

C.

Consider adoption of an ordinance authorizing and directing the City Manager or his designee to execute on behalf of the City of Denton an assignment of a Leasehold Interest in an Airport Lease Agreement at Denton Airport from Windle & Windle Investments, Inc., to RWDW Aviation, Inc. for property located at 4633 Spartan Drive at Denton Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0).

D.	Consider adoption of an ordinance of the City of Denton, Texas, approving the 2013 Budget of the Denton Central Appraisal District, and providing an effective date.

E.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of a McCloskey 733 Screener, for the City of Denton Beneficial Reuse Department; and providing an effective date (File 4940-Purchase of McCloskey 733 Screener awarded to McCourt & Sons Equipment, Inc. in the amount of $464,460). The Public Utilities Board recommends approval (5-0).

F.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Graham Associates, Inc. for Engineering Services relating to the Dry Fork Hickory Creek Tributary I Interceptor Project; and providing for an effective date (File 4963-awarded to Graham and Associates, Inc. in the amount of $220,525). The Public Utilities Board recommends approval (5-0).

G.

Consider adoption of an ordinance accepting competitive proposals and awarding a Three Year Contract for Tennis Instructor Services for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4898-Tennis Instructor for City of Denton awarded to Michael Christopher Brown and David Wayne Gray dba Gray Events Management LLC in a three year contract not to exceed amount of $750,000).

H.

Consider adoption of an ordinance amending Ordinance No. 2012-024 to extend for an additional 120 days the moratorium on the acceptance or processing of certain applications for permits to authorize oil and gas exploration and production activities and other mineral exploration and production activities (collectively, "mineral activities") within the corporate limits of the City of Denton, Texas; directing the city staff to complete a comprehensive review of the City’s ordinance governing the mineral activities and procedures related thereto and to propose revisions thereto; providing for a method of repeal of this moratorium; providing a procedure for a variance from this moratorium; providing a cumulative clause; providing a severability clause; and providing an effective date.

I.

Consider a request for an exception to the Noise Ordinance for the purpose of performing live jazz music at the Sweet Y Café located at 511 Robertson Street on Friday, Saturday, and Sunday, June 15 through June 17, 2012, beginning at 7:30 p.m. and concluding at 11:30 p.m. on Friday and Saturday and beginning at 6:00 p.m. until 11:30 p.m. on Sunday. This request is for an extension of hours from 10:00 p.m. to 11:30 for amplified sound and for amplified sound on a Sunday. The amplified sound will remain at the allowable 65 decibels Staff recommends approval of the request of extending the hours of operation for amplified sound to 11:30 p.m.

J.

Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - Local Implementation Project, Recycling and Litter Reduction Equipment Project in the amount of $66,015; delegating and authorizing George C. Campbell, City Manager, or his designee, to act on behalf of the City in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; and providing for an effective date.

K.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.364 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the 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 J.G. Duncan and wife, Frances Duncan to purchase the Property Interests for the purchase price of Eighty Three Thousand Six Hundred Eighty Dollars and No Cents ($83,680.00), 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.

L.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.019 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the 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 Youvonne Matzinger and the Estate of Philip Hardy Matzinger, deceased to purchase the Property Interests for the purchase price of Two Thousand Four Hundred Eighteen Dollars and No Cents ($2,418.00), 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.

M.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.309 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1100 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 Walter Ronnie Kingston and wife, Margaret Ann Kingston to purchase the Property Interests for the purchase price of Eighty Five Thousand Dollars and No Cents ($85,000.00), 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; authorizing relocation expenditures; and providing an effective date.

N.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.74 acre tract; (ii) a utility and slope easement encumbering a 0.13 acre tract; (iii) a slope easement encumbering a 0.01 acre tract; and (iv) a temporary construction, grading and access easement encumbering a 0.01 acre tract, all tracts located  in the A. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1800 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Eliza T. Shockley to purchase the Property Interests for the purchase price of One Hundred Sixty One Thousand Nine Hundred Seven Dollars and No Cents ($161,907.00), 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.

O.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 1.91 acre tract; (ii) a utility and slope easement encumbering 0.57 acres; and (iii) a drainage easement encumbering 0.02 acres, all tracts located in the James Edmonson Survey, Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally on Roselawn Drive, 600 feet east of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to the Chamberlain Trust to purchase the Property Interests for the purchase price of Sixty Six Thousand Five Hundred and Nineteen Dollars and No Cents ($66,519.00), 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.

P.

Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.11 acre tract; (ii) a slope easement encumbering 0.14 acres; (iii) a drainage easement encumbering a 0.03 acre tract; and (iv) a temporary construction, grading and access easement encumbering a 0.01 acre tract, all tracts located in the James Edmonson Survey, Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, generally located on Roselawn Drive, 800 feet east of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to the Longhorn Council Boy Scout Foundation, Inc., a Texas corporation, to purchase the Property Interests for the purchase price of Five Thousand Nine Hundred and Fifty Five Dollars and No Cents ($5,955.00), 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.

Q.

Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date.

R.	Consider approval of the minutes of: May 1, 2012 May 7, 2012 May 8, 2012

A.	Consider a nomination to the Public Art Committee.

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) to allow two Drive-through Facilities (ATMs).  The approximately 0.33 acre subject property, commonly known as Block 9 of the Old Towne Denton Addition is located north of Mulberry Street, west of Austin Street, south of Walnut Street, and east of Locust Street; located within the Downtown Commercial General (DC-G) zoning district; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  The Planning and Zoning Commission recommends approval (6-0).  (S11-0004, Wells Fargo Denton ATM)

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) to allow two Wind Energy Conversion Systems (WECS).  The approximately 70.6 acre subject property, commonly known as Lot 3 of the Sorrells-McBride Acres Addition is located south of Roselawn Drive and west of the T&P Railroad right-of-way; located within a Neighborhood Residential 2 (NR-2) zoning district; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  The Planning and Zoning Commission recommends approval (6-0).  (S11-0005, Wind Turbines-Roselawn)

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Neighborhood Residential 4 (NR-4) zoning district classification and use designation  to Community Mixed Use General (CM-G) zoning district classification and use designation, on 7.12 acres, located on the southeast corner of the intersection of F.M. 428/Sherman Road and Hartlee Field Road, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date.  The Planning and Zoning Commission recommends approval (7-0).  (Z12-0001, Pruett Property Rezoning)

D.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for the rezoning of approximately 9.67 acres of land from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification to a Neighborhood Residential Mixed Use (NRMU) zoning district and use classification; and the rezoning of approximately 10.20 acres from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU zoning district and use classification; located at the southwest corner of Mingo Road and Nottingham Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.  The Planning and Zoning Commission recommends approval (7-0).  (Z11-0024, Magnolia Apartment Living)

E.

Hold a public hearing and consider adoption of an ordinance 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. The Planning and Zoning Commission recommends approval (5-1). (Z11-0025, McKinney/Mayhill Rezoning)

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.