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1. Citizen Comments on Consent Agenda Items

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.

2. Requests for clarification of agenda items listed on the agenda for March 18, 2014.

3. Receive a report from the NCTCOG staff, hold a discussion and give staff direction on the implementation and enforcement of local idling restrictions and some lessons learned in North Central Texas.

4. Receive a report, hold a discussion, and give staff direction regarding the Denton Plan Update.

6. Receive a report, hold a discussion, and give staff direction on the City's Tax Abatement Policy and Public Improvement District (PID) Guidelines.

REGULAR MEETING

1. PLEDGE OF ALLEGIANCE

A. U.S. Flag

B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

2. PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

1. Resolution of Appreciation for Betty Williams

4. CONSENT AGENDA

A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($1450)

B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute an investment advisory services contract with First Southwest Asset Management, Inc. (FSAM) for an amount not to exceed $52,000; and providing an effective date. The Audit/Finance Committee recommends approval (2-0).

C. 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 one (1) flushing/vacuum truck for the City of Denton Wastewater Collections Department; and providing an effective date (File 5508-awarded to Rush Truck Center in the amount of $157,959). The Public Utilities Board recommends approval (6-0).

D. 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 one (1) dump truck for the City of Denton Water Distribution Department; and providing an effective date (File 5509-awarded to Rush Truck Center, Crane in the amount of $133,649). The Public Utilities Board recommends approval (6-0).

E. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the reroofing of the Lake Lewisville Water Treatment Plant (LLWTP); providing for the expenditure of funds therefor; and providing an effective date (RFP 5362-awarded to CBS Roofing Services in the not-to-exceed amount of $267,659.80. The Public Utilities Board recommends approval (6-0).

F. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for polymer concrete transformer pads for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5232-awarded to Techline, Inc. in the three (3) year not-to-exceed amount of $250,000).

G. 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.

H. Consider adoption of an ordinance approving an easement agreement granting such easement to Atmos Energy Corporation, which 0.120 acre easement tract is located in the 1000 block of South Mayhill Road, to encumber land owned by the City of Denton, located in the G. Walker Survey, Abstract No. 1330; and providing an effective date. The Public Utilities Board recommends approval (6-0).

I. Consider approval of a resolution of the City of Denton, Texas establishing a Municipal Green Building Policy for the City of Denton, Texas and declaring an effective date.

J. Consider adoption of an ordinance repealing redundant and inconsistent noise provisions from the Denton Development Code, consolidating noise enforcement authority in existing provisions of the Denton Code of Ordinances and existing state law; directing the codifier to cross reference as needed; clarifying enforcement authority; and establishing an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS

A. Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right of way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) a temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, all for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 3900 block of Quailcreek road (a private road), each affected tract located in the David Hough Survey, Abstract No. 646, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A", attached to the ordinance and made a part thereof, (collectively the "Property Interests") authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Mayhill Road Project - Parcel M139 - Donnelly)

9. 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.

Mar 18, 2014 City Council Regular Meeting

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1. Citizen Comments on Consent Agenda Items

2. Requests for clarification of agenda items listed on the agenda for March 18, 2014.

3. Receive a report from the NCTCOG staff, hold a discussion and give staff direction on the implementation and enforcement of local idling restrictions and some lessons learned in North Central Texas.

4. Receive a report, hold a discussion, and give staff direction regarding the Denton Plan Update.

6. Receive a report, hold a discussion, and give staff direction on the City's Tax Abatement Policy and Public Improvement District (PID) Guidelines.

REGULAR MEETING

1. PLEDGE OF ALLEGIANCE

A. U.S. Flag

B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

2. PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

1. Resolution of Appreciation for Betty Williams

4. CONSENT AGENDA

A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($1450)

B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager or his designee to execute an investment advisory services contract with First Southwest Asset Management, Inc. (FSAM) for an amount not to exceed $52,000; and providing an effective date. The Audit/Finance Committee recommends approval (2-0).

C. 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 one (1) flushing/vacuum truck for the City of Denton Wastewater Collections Department; and providing an effective date (File 5508-awarded to Rush Truck Center in the amount of $157,959). The Public Utilities Board recommends approval (6-0).

D. 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 one (1) dump truck for the City of Denton Water Distribution Department; and providing an effective date (File 5509-awarded to Rush Truck Center, Crane in the amount of $133,649). The Public Utilities Board recommends approval (6-0).

E. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the reroofing of the Lake Lewisville Water Treatment Plant (LLWTP); providing for the expenditure of funds therefor; and providing an effective date (RFP 5362-awarded to CBS Roofing Services in the not-to-exceed amount of $267,659.80. The Public Utilities Board recommends approval (6-0).

F. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for polymer concrete transformer pads for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5232-awarded to Techline, Inc. in the three (3) year not-to-exceed amount of $250,000).

G. 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.

H. Consider adoption of an ordinance approving an easement agreement granting such easement to Atmos Energy Corporation, which 0.120 acre easement tract is located in the 1000 block of South Mayhill Road, to encumber land owned by the City of Denton, located in the G. Walker Survey, Abstract No. 1330; and providing an effective date. The Public Utilities Board recommends approval (6-0).

I. Consider approval of a resolution of the City of Denton, Texas establishing a Municipal Green Building Policy for the City of Denton, Texas and declaring an effective date.

J. Consider adoption of an ordinance repealing redundant and inconsistent noise provisions from the Denton Development Code, consolidating noise enforcement authority in existing provisions of the Denton Code of Ordinances and existing state law; directing the codifier to cross reference as needed; clarifying enforcement authority; and establishing an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS

A. Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right of way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) a temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, all for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 3900 block of Quailcreek road (a private road), each affected tract located in the David Hough Survey, Abstract No. 646, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A", attached to the ordinance and made a part thereof, (collectively the "Property Interests") authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Mayhill Road Project - Parcel M139 - Donnelly)

9. 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.

A. U.S. Flag

B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

2. PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($1450)

I. Consider approval of a resolution of the City of Denton, Texas establishing a Municipal Green Building Policy for the City of Denton, Texas and declaring an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS

Mar 18, 2014 City Council Regular Meeting

A. U.S. Flag

B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

2. PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($1450)

I. Consider approval of a resolution of the City of Denton, Texas establishing a Municipal Green Building Policy for the City of Denton, Texas and declaring an effective date.

5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS

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