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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.	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 S. McCracken Survey, Abstract No. 817, City of Denton, Denton County, Texas, and generally located on the north side of N Loop 288, west of Sherman Drive. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation 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. (69kV Transmission Line Re-build Project C8)

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 T. Toby Survey, Abstract No. 1285, City of Denton, Denton County, Texas, and generally located north of Airport Road and east of Masch Branch Road. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition and condemnation 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 acquisition of real property interests located in the David Hough Survey, Abstract Number 646, generally located in the 2100 block of South Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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. (Mayhill Road Widening and Improvements project & Municipal Landfill)

B.	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 with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance.

2.

Consult with the City’s attorneys regarding legal issues associated with existing and potential regulation of sexually oriented businesses where a public discussion of this legal matter would conflict with the duty of the City’s attorneys 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.	Beulah Harriss Day

2.	2013 Achievement of Library Excellence Award from the Texas Municipal Library Directors Association

3.	TAMS Science Experiment Boxes Days

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	B.C. Groves regarding City inspections.

2.	Steve Shafer regarding access on Ridge Lane.

A.	Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Startup Weekend; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($650)

B.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute on behalf of the City of Denton, Texas a Memorandum of Agreement ("MOA") contemplating a real estate conveyance from the City of Denton to the State of Texas, of a 15,740 square foot tract of real property, in the Eugene Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being a portion of Lots 9, 10 and 19 of the Foxhunt Addition, generally located at the Northwest corner of Underwood Street and Kendolph Drive, Denton, Texas (the "Land"); authorizing execution of a deed without warranty (herein so called) conditionally effectuating such real estate conveyance; and providing an effective date. (I-35 Widening Project)

C.

Consider approval of a resolution allowing Destin Holdings DBA Sweetwater Grill & Tavern; WABL, LLC, DBA The Abbey Inn; DI2-Denton1, LLC, DBA Lone Star Attitude Burgers; and JCN Investments, DBA The Loophole Tavern to be participants allowed to sell alcoholic beverages at Mardi Gras on Walnut event, February 28, 2014, 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. Staff recommends approval.

D.

Consider a request for an exception to the Noise Ordinance for the purpose of the Mardi Gras on Walnut Festival sponsored by various businesses on Hickory Street and Walnut Street. The event will be held on City property, on the 100 block of Walnut Street, on Friday, February 28, 2014, from 7 p.m. to 11:30 p.m.  The exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension of hours from 10 p.m. to 11:30 p.m.  Staff recommends approval of request.

E.	Consider adoption of an ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

F.	Consider adoption of an ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

G.	Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date.

H.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a First Amendment to an Airport Lease Agreement as approved by Ordinance 2012-055 on March 6, 2012 between the City of Denton, Texas and David Smith for the property located at 4862 Lockheed, Denton Enterprise Airport; and providing an effective date.

I.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Estoppel Certificate to Nebrig Properties, L.P. and Inwood National Bank for a hangar located at 4650 John Carrell Rd. at Denton Enterprise Airport; and, providing an effective date.

J.

Consider adoption of an ordinance authorizing the City Manager to execute a Cooperative Purchasing Program Agreement with the University of Texas at Arlington (UTA) under Section 771.003 of the State of Texas Government Code, and to authorize the City of Denton to participate in a UTA Interagency Cooperation Contract for Testing, Monitoring, and Analysis to Aid in the Development of Soil and Vegetative Cover at the City of Denton Landfill; authorizing the expenditure of funds therefor; and declaring an effective date (File 5480-Interagency Cooperation Contract with the University of Texas at Arlington in the three (3) year not-to-exceed amount of $227,433). The Public Utilities Board recommends approval (6-0).

K.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Peterbilt Model 348 Dump Truck for the City of Denton Streets Department; and providing an effective date (File 5484 awarded to Rush Truck Center, Crane in the amount of $143,264.24).

L.

Consider adoption of an ordinance of the City of Denton Texas, authorizing the City Manager to execute the "Second Amendment to Professional Services Agreement" for further engineering services to be utilized in the preparation, development and submittal of a permit application for lateral expansion and associated services pertaining to the City of Denton Landfill (MSW Permit #1590A); authorizing the expenditure of additional funds therefor in an amount not-to-exceed $156,400; providing an effective date (File  4683-CP&Y, Inc. aggregating an amount not-to-exceed $1,092,280). The Public Utilities Board recommends approval (6-0).

M.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Crafco Polyflex III Sealant from Crafco Texas, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 5475-awarded to Crafco Texas, Inc., in the unit price amount of $0.60 per pound for an annual estimated amount of $85,000 and a total three (3) year not-to-exceed amount of $255,000).

N.

Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of one (1) Backyard Digger Derrick for the City of Denton Electric Operations Department as awarded by the State of Texas (Contract TXMAS-11-23V050); providing for the expenditure of funds therefor; and providing an effective date (File 5470-awarded to Altec Industries, Inc. in the amount of $131,559). The Public Utilities Board recommends approval (6-0).

O.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of one (1) Use of Force Simulator (funded 100 percent by a United States Department of Justice Congressionally Selected Award) for the City of Denton Public Safety Training Facility; providing for the expenditure of funds therefor; and providing an effective date (RFP 5198-awarded to VirTra Systems, Inc. in the not-to-exceed amount of $278,310).

P.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Electric Utility Fault Circuit Indicators for the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 5432-awarded to Techline, Inc. in the three (3) year not-to-exceed amount of $360,000).

Q.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Refuse and Recycling Containers for the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 5409-awarded to Roll-Offs USA, Inc. in the three (3) year not-to-exceed amount of $1,352,352).  The Public Utilities Board recommends approval (6-0).

R.	Consider approval of the minutes of: January 7, 2014 January 14, 2014 January 29-30, 2014

S.

Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 13 ("Food and Food Service Establishments") of the City of Denton Code of Ordinances by deleting Articles I, II, III, IV, V and VI in their entirety; adopting the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services and making related deletions and amendments thereto; providing a severability clause; providing a savings clause; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date.

T.	Consider approval of a resolution of the City Council of the City of Denton, Texas, approving the 2013 Tax Increment Financing Reinvestment Zone No. One (Downtown TIF) Annual Report; and declaring an effective date.

U.

Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 10, 2014, and if a runoff election is required, on June 21, 2014, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing for an effective date.

V.

Consider adoption of an ordinance ordering a Special Election to be held in the City of Denton, Texas, on May 10, 2014, to fill a vacancy in Place 2 for the unexpired term ending in May, 2015 and, if a runoff election is required, on June 21, 2014, for the purpose of electing a Council Member to Place 2 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Elections Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing for an effective date.

W.	Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a professional legal services agreement by and between Terry Morgan & Associates, P.C. and the City of Denton, Texas; providing for the expenditure of funds; and providing an effective date.

A.

Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission for installation of solar panels on the roof of a single family residence.  The property is located at 1822 West Oak Street and is within a Neighborhood Residential 3 (NR-3) zoning district and the West Oak Area Historic District.  The Historic Landmark Commission denied the request (6-3).

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for an initial zoning designation of Neighborhood Residential 1 (NR-1) zoning district classification and use designation, on approximately 1.0 acres, at the southeast corner of S. Trinity Road and Lutha Lane, also known as 1055 S. Trinity 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 (6-0).

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

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.