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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 M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas, being a fee interest in land, regarding a certain 10.372 acre tract of land located generally north of Blagg Road and east of Geesling Road, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines facilities, and structures, as well as substations.  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. (ARCO Substation Re-construction-Denton Municipal Electric)

2.

Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the O. S. Brewster Survey, Abstract Number 56, located generally in the 1800 block of South Bonnie Brae Street, 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. (Bonnie Brae Widening and Improvements project - Parcel 13 - Harrell)

B.	Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.

1.

Receive a briefing and information pertaining to certain competitive public power and financial issues regarding Texas Municipal Power Agency ("TMPA") on matters including, without limitation: present and future plant operations issues, plant and system expenses, maintenance issues, performance issues, financial issues, reliability issues, planning issues, and any related issues concerning the City’s interest in, and its business relationship with the Texas Municipal Power Agency; discuss, deliberate, and provide Staff with direction regarding such matters.

C.	Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071.

1.

Receive a briefing and presentation from Denton Municipal Electric ("DME") staff regarding certain public power competitive, financial and commercial information relating to issues regarding the implementation of the "Denton Municipal Electric - Energy Risk Management Policy" that deals with bidding and pricing information as well as contracting 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 implementation of 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 administrative proceeding or potential litigation.  Discuss, deliberate and provide staff with direction.

2.

Receive a presentation from Denton Municipal Electric ("DME") staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same in light of the possible resource shortage in ERCOT in order to meet its future energy needs. Discuss, deliberate and provide staff with direction.

D.	Consultation with Attorneys - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.

1.

Receive a report and hold a discussion regarding legal and economic development issues 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 where 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.

E.	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.

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.	National Service Recognition Day

2.	Denton Redbud Festival Day

3.	Presentation of Tree City USA Re-Certification

A.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas approving and adopting the revised and amended "Denton Municipal Electric - Electric Service Standards" regarding the City’s municipally-owned electric utility, Denton Municipal Electric; providing for a repealer; providing for a severability clause; providing an effective date.

B.

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 three (3) Caterpillar Model 430F Backhoes for the City of Denton Wastewater Collections and Water Distribution Departments; and providing an effective date (File 5514 awarded to Holt CAT in the amount of $282,576). The Public Utilities Board recommends approval (5-0).

C.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 5388-Additional Electrical Energy Transmission Fees for Fiscal Year 2013-14 in the total amount of $787,855.39).  The Public Utilities Board recommends approval (5-0).

D.

Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of traffic control intersections for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5442-awarded to Durable Specialties, Inc. in the three (3) year not-to-exceed amount of $4,500,000).

E.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a First Amendment to a contract for mowing services, by and between VMC Landscape Services and the City of Denton, Texas, providing for the expenditure of funds therefor; and providing an effective date (File 4964-providing for an additional expenditure amount of $250,000 with the total contract amount not-to-exceed $300,000).

F.

Consider adoption of an ordinance of the City of Denton, Texas, amending the Fiscal Year 2013-14 Budget and Annual Program of Services of the City of Denton to allow for adjustments to the Capital Improvement Program of six hundred thousand dollars ($600,000), the Technology Services Fund of one hundred forty-four thousand dollars ($144,000), the General Fund of two hundred forty thousand dollars ($240,000), and the Street Improvement Fund of one hundred seventy-five thousand dollars ($175,000), and establishing the Library Donation Fund to include revenues and expenditures of thirty thousand dollars ($30,000); declaring a municipal purpose; providing a severability clause; providing for an open meetings clause; and providing for an effective date.  The Audit/Finance Committee recommends approved (2-0).

G.

Consider adoption of an ordinance of the City of Denton, Texas, granting the Denton Festival Foundation, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, Texas, a three-year exception, year 2014 through 2016, to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system; and setting an effective date.  Staff recommends approval of request.

H.

Consider approval of a resolution allowing Pro-Fest, Inc. to be the sole participant allowed to sell alcoholic beverages for three consecutive years at the Denton Arts and Jazz Festival beginning April 25 - 27, 2014, April 24 - 26, 2015, and April 29 - May 1, 2016, 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. The Parks, Recreation and Beautification Board recommends approval (6-0).  Staff recommends approval of the request.

I.

Consider approval of a resolution allowing Mi Casita Mexican Food to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 3, 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. The Parks, Recreation and Beautification Board recommends approval (6-0). Staff recommends approval of the request.

J.	Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $123,000 of in-kind services and resources for the Denton Arts and Jazz Festival to be held in Quakertown Park on April 25 - 27, 2014; and providing an effective date.

K.

Consider a request for an exception to the Noise Ordinance for the purpose of performing music and announcements during the 2014 Relay for Life to be held at the Guyer High School Football Field located at 7501 Teasley Drive.  The Relay will begin at noon and end at midnight on Saturday, April 12, 2014. The request is for a variance in decibels, from 70 to 75 decibels and for amplified sound to be extended from 10 p.m. to midnight. Staff recommends approval of the request.

L.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to make an offer to purchase and execute a Contract of Sale, by and between John Powell Walker and Martin A. William (the "Owner") and the City of Denton regarding the sale by Owner and purchase by the City of a fee interest in land consisting of 10.372 acres, being situated in the M. Forrest Survey, Abstract No. 417, in the City of Denton, Denton County, Texas, located generally north of Blagg Road and east of Geesling Road, for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, as well as substations for the purchase price as prescribed in the Contract of Sale; authorizing the City Manager, or his designee, to make an offer to purchase the property interest from Owner for such purchase price, and execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Contract of Sale; authorizing the expenditure of funds, therefor.  The Public Utilities Board recommends approval (5-0).

M.	Consider approval of the minutes of: February 3, 2014 February 4, 2014 February 11, 2014 February 14, 2014

A.	Consider approval of a resolution amending guidelines for public improvement districts; and providing an effective date.

B.

Consider approval of a resolution of the City Council of the City of Denton, Texas, accepting for filing a petition for the creation of Rayzor Ranch Public Improvement District No. 1; ordering a public hearing to consider the creation of Rayzor Ranch Public Improvement District No. 1; authorizing and directing the publication and mailing of notices of the public hearing as required by law; and providing for an immediate effective date.

C.

Consider adoption of an ordinance of the City of Denton, Texas amending section 28-253 of the Code of Ordinances to provide for the adoption of the 2012 International Energy Conservation Code, as published by the International Code Council; providing for amendments thereto; providing a penalty for violation of a fine not to exceed $2,000.00; providing for severability; repealing all ordinances in conflict therewith; and providing an effective date.

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.