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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 acquisition of real property interest located (1) in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located generally in the 500 block of North Mayhill Road; and (2) in the Morreau Forrest Survey, Abstract No. 417, located generally in the 600 block of South Mayhill Road; and (3) in the David Hough Survey, Abstract No. 646, located generally in the 1900 block of South Mayhill Road; and (4) in the David Hough Survey, Abstract Number 646, located generally in the 2100 block of South Mayhill Road, all tracts located 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)

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.R.R. Survey, Abstract No. 927, City of Denton, Denton County, Texas, and generally located on the west line of North Loop 288 south of Holland Lane. 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. (Singing Oaks Acquisitions - 69KV)

3.

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. 1288, City of Denton, Denton County, Texas, and generally located on the southwest corner of North Locust Street and Beall Street. 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. (North Locust Properties, LLC Acquisitions - 69KV)

B.	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 further presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the proposed "Denton Municipal Electric - Energy Risk Management Policy" that deals with bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas (ERCOT) bids, prices, offers and related services and strategies, and the terms and authorizations related thereto, as well as other and further public power information.  Consultation with the City’s attorneys regarding legal issues associated with the "Denton Municipal Electric - Energy Risk Management Policy" 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 potential litigation.  Discuss, deliberate, provide staff with direction, consider and take final action adopting an ordinance approving the Policy in the Closed Meeting.

2.

Receive a presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive and financial issues regarding purchased power pricing information including the proposed "Second Amendment to Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NextEra Energy Power Marketing, LLC" (Second Amendment). Consultation with the City’s attorneys regarding legal issues associated with the said Second Amendment where a public discussion of this legal matter 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 potential litigation. Discuss, deliberate, provide staff with direction, consider and take final action adopting an ordinance approving the said Second Amendment in the Closed Meeting.

C.	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, standstill agreements or other cessation regulations and take any appropriate action regarding the above in the meeting of today’s date as it concerns municipal regulatory authority or matters relating to enforcement of the ordinance.

D.	Consultation with Attorney - Under Texas Government Code Section 551.071; and 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 proposed amendments to the economic development incentive agreement for Golden Triangle Mall.  This discussion shall include commercial and financial information the City Council has received from Golden Triangle Mall which the City Council seeks to have 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 incentive.

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 the creation of a public improvement district and proposed amendments to the economic development incentive agreements for the Rayzor Ranch mixed-use development.  This discussion shall include commercial and financial information the City Council has received from Rayzor Ranch developers which the City Council seeks to have 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 incentive.

E.	Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074.

1.	Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, and City Manager.

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.	Severe Weather Awareness Week

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Monica Jones regarding high utility bills for persons on a fixed income, and issues with the Fire Marshal and Police Department.

A.

Consider adoption of an ordinance of the City of Denton Texas, authorizing the City Manager to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc. for 15-percent design and engineering services for the relocation of utilities along the proposed Texas Department of Transportation Right-of-Way for FM 2181 from Windriver Lane/Teasley to the Corinth city limits; and providing an effective date (File 5488-awarded to Freese and Nichols, Inc., in the not-to-exceed amount of $216,503). The Public Utilities Board recommends approval (6-0).

B.

Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of hot mix asphalt concrete and the lay down of the asphalt for the City of Denton Streets Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 5463-awarded to Jagoe-Public Company, in the estimated annual amount of $4,000,000 for a three (3) year not-to-exceed amount of $12,000,000).

C.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement,  by and between the City of Denton, Texas ("City"), as buyer, and Miles Land Company, Inc., a Texas corporation (the "Owner"); as seller, to acquire (i) fee simple to a 0.586 acre tract situated in the Morreau Forrest Survey, Abstract No. 417, located in the City of Denton, Denton County, Texas, and being generally located in the 600 block of South Mayhill Road; for the purchase price of One Hundred Thousand Seven Hundred Dollars and No Cents ($100,700.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds therefor; and providing an effective date.  (Parcel M104 Miles Land Company - Mayhill Road Widening and Improvements project)

D.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Solutions Grant Program and take all other actions necessary to obtain and implement the program; and providing for an effective date.

E.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of  a three (3) year agreement for the Esri Small Utility Enterprise License Agreement (ELA) for ArcGIS software suite utilized by Denton Municipal Electric which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5466 awarded to Environmental Systems Research Institute, Inc. (Esri) in the not-to-exceed amount of $75,000). The Public Utilities Board recommends approval (6-0).

F.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas ("City"), as Buyer, and Kevin Nelms and Richard Greb and wife, Nancy Greb (collectively the "Owner"); as Seller, to acquire (I) fee simple to a 7.628 acre tract; (II) fee simple to 3.326 acres; and (III) a drainage easement encumbering 0.196 acre, all lands located in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being  generally located in the 2100 block of South Mayhill Road; for the purchase price of One Million Four Hundred Eighty One Thousand Five Hundred and Eighty Dollars and No Cents ($1,481,580.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "A", authorizing the expenditure of funds therefor; and providing an effective date.  (Parcel M137-M138 Nelms-Greb - Mayhill Road Widening and Improvements Project and Municipal Landfill)

G.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Developers Agreement with RLB INVESTMENTS, LLC to allow the developer to temporarily lease parking spaces from the City at the downtown lot, located at the northeast corner of Bolivar Street and McKinney Street; providing a default and indemnification clause; and providing an effective date.

H.

Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance Nos. 2013-330 and 2014-040 to extend a "Standstill Agreement" between the City of Denton, Texas and Eagleridge Operating, LLC until midnight on May 6, 2014 with regard to certain disputes and issues over gas drilling in the City to allow the parties an opportunity to engage in global settlement negotiations as it concerns unresolved issues between them; and providing for an effective date.

I.	Consider adoption of an ordinance clarifying by amendment the penalty provisions of Ordinance No. 2013-073, relating to credit access businesses; providing for severability; and establishing an effective date for the amended ordinance.

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 a 2.115 acre tract; and (ii) a slope easement, encumbering a 0.202 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 500 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, 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. (Parcel M070 551 Mayhill Joint Venture - Mayhill Road Widening and Improvements Project)

B.

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 a 1.029 acre tract (the "Mayhill tract"); (ii) fee simple to a 0.624 acre tract (the "landfill tract"); and (iii) a slope easement encumbering a 0.076 acre tract, for; (a) as concerns the Mayhill tract and the slope easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (b) as concerns the landfill tract, for the public use of expanding and improving the City of Denton landfill, a permitted municipal solid waste disposal facility located in the City of Denton, Texas, generally located in the 1900 block of South Mayhill Road, each affected tract located in the David Hough Survey, Abstract Number 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.  (Parcel M136 Haggard - Mayhill Road Widening and Improvements Project and Municipal Landfill)

A.	Consider adoption of an ordinance directing the publication of Notice of Intention to issue $19,500,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date.

B.	Consider adoption of an ordinance directing the publication of Notice of Intention to issue $75,000,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date.

A.

Hold a public hearing and consider adoption of an ordinance regarding a rezoning of an approximately 54.25 acre tract of land: specifically by rezoning 30.56 acres from Neighborhood Residential Mixed Use (NRMU) with overlay conditions to a Neighborhood Residential 6 (NR-6) zoning district with overlay conditions and, amending overlay conditions on the remaining 23.57 acres of the site which will remain as NRMU.  The subject property is generally located at the northwest corner of Ryan Road and Teasley Lane and is legally described as a 54.2517 acre tract situated in the J. Fisher Survey, Abstract 1018, in 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.  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.