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A.	Consultation with Attorney - Under Texas Government Code Section 551.071.

1.	Discuss legal strategies and alternatives regarding potential litigation or settlement, concerning street failures in a portion of the Wind River subdivisions.

B.	Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorney - Under Texas Government Code Section 551.071.

1.

Discuss and deliberate the status of pending mediation and settlement efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative.  Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power Agency I, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency II, Cause No. D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas,  Defendant, Counter-Plaintiff and Third-Party Plaintiff v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th Judicial District Court in and for Grimes County, Texas.  Receive a briefing on, discuss and deliberate the terms of a proposed Settlement Agreement regarding the above litigation and the proceedings pending at the Public Utilities Commission of Texas.  Provide the City’s attorneys with direction.  A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

C.	Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1.

Receive a presentation, deliberate and discuss real property and title issues relating to a certain 3.814 acre tract of real property located at the northeast corner of the intersection of Loop 288 and Spencer Road in the City of Denton, Denton County, Texas; and being that same real property conveyed from Douglas and Associates, Inc. to the City of Denton, Texas by warranty deed recorded in Document No. 088905 and filed in the Public Records of Denton County, Texas.  Receive a consultation from the City’s attorneys regarding the above and foregoing matters. Discuss and deliberate and provide the attorneys with direction.  A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utilities Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.

D.	Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorney - Under Texas Government Code, Section 551.071.

1.

Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART or DCTA, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DART or DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly 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.

E.	Consultation with Attorneys - Under Texas Government Code, Section 551.071.

1.

Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to possible annexations of property into the City of Denton where public discussion of these legal matters would clearly 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.

F.	Consultation with Attorneys - Under Texas Government Code, Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code, Section 551.074.

1.

Consultation with the City’s attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, internal auditor, and/or the municipal court judge where public discussion associated with these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary of Professional Conduct of the State Bar of Texas.  Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, internal auditor, and/or the municipal court judge.

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

A.

Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,500,000 for funding facility HVAC, flooring, and roof replacements for municipal facilities, and providing an effective date.

B.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board contract #281-07 for the acquisition of a Peterbilt 348 water truck for the City of Denton Street Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4454-Purchase of Water Truck For Street Department awarded to Rush Truck Centers of Texas, LP in the amount of $127,518).

C.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the replacement of windows at the City of Denton City Hall located at 215 E. McKinney Street; providing for the expenditure of funds therefor; and providing an effective date (RFSCP 4409-Window Replacement for City Hall awarded to Jones and Jeffery Construction Company, Inc. in the amount of $292,138).

D.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the demolition of an existing slide and installation of a new slide at the City of Denton Water Works Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4440-awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the amount of $355,226).

E.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of an alternative fuel and truck wash facility at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 4336-awarded to the lowest responsible bidder meeting specification, Thaten Construction Inc. in the amount of $2,047,685).  The Public Utilities Board recommends approval (4-0).

F.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of ProjectDox Plan Review Software for the City of Denton Building Inspections Division from Avolve Software, 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 4446-Purchase of ProjectDox Plan Review Software for Building Inspections in the amount of $282,600).

G.

Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of fifty four (54) departmental monochrome/digital copiers as approved by the U.S. Communities Government Purchasing Alliance (US Communities Contract # 58795) division; providing for the expenditure of funds therefor; and providing an effective date (Bid 4386-Conventional Copier/Multi-Functional Device Program awarded to Ricoh Business Solutions, Inc. in the annual estimated amount of $88,456 for an estimated three year total of $265,368).

H.

Consider adoption of an ordinance awarding a contract for the purchase of products and services for the on-site vehicle parts facility; providing for the expenditure of funds therefore; providing for the expenditure of funds therefore; and providing an effective date (Bid 4379-Vehicle Equipment and Parts awarded to Genuine Parts Company in the estimated amount of 1,750,000 per year for the four year contract.  The total award is estimated to be $7,000,000).

I.

Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a Class "A" Containerized Training Structure and Class "A" Flashover Chamber and related services for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4433-Best Value RFP for Class "A" Training Structure and Related Services awarded to Draeger Safety, Inc. in the amount of $224,795).

J.

Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Police Officers Association for the purpose of contributing to their non-profit charitable organization called "Shop With A Cop" which helps needy children shop for things they need and want for Christmas; providing for the expenditure of funds therefor; and providing for an effective date. ($700)

K.

Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann.  The House Concert will be located at 616 Woodland Street on March 28, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m.  This request is for an exception in decibels from 65 to 69 decibels.

L.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from 940 Ventures, LLC, from the Downtown Incentive Grant Program not to exceed $20,000; and providing for an effective date.  The Economic Development Partnership Board recommends approval (5-0-1).

M.	Consider approval of the minutes of: November 16, 2009 November 17, 2009

N.

Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Lands Construction for additional sidewalk installation and pathway improvements associated with the Teasley Lane/FM 2181 Pedestrian Way project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3966-Change Order Number One in the amount of $41,082.74).

O.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Settlement Agreement on behalf of the City of Denton, Texas regarding a settlement of the Texas Municipal Power Agency litigation now pending in Travis County and Grimes County, Texas and the proceedings pending at the Public Utilities Commission of Texas; empowering the City Manager to execute any and all documents as are necessary in furtherance and support of said agreement; and providing an effective date.

P.

Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009, between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group) at the Denton Municipal Airport; and providing an effective date.  The Airport Advisory Board recommends approval (5-0).

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 1.11 acres of land from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation and a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district, for property located at the intersection of N. Bell Avenue and E. University Drive, and is situated in the N.H. Meisenheimer Survey, Abstract No. 811, in the City of Denton, Denton County, Texas (Z09-0003).  The Planning and Zoning Commission recommends approval (5-2).  A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.

B.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 19.858 acres of land from a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation.  The property is generally located east of Hinkle Drive, 960 feet north of U.S. 380 and 1,285 feet south of Headlee Street and is situated in the Robert Beaumont Survey, Abstract No. A-31 in the City of Denton, Denton County, Texas (Z09-0009).  The Planning and Zoning Commission recommends approval (7-0).

C.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 5.961 acres of land from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation and a Rural Residential 5 (RD-5) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation for property located at the northwest corner of Teasley Lane and Old Alton Road, and is situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County, Texas (Z06-0033).  The Planning and Zoning Commission recommends approval (7-0).

D.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow an electrical substation on approximately 5.961 acres of land, generally located at the northwest corner of Teasley Lane and Old Alton Road, and is situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County, Texas (S06-0012).  The Planning and Zoning Commission recommends approval (7-0).

E.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit for a restaurant drive-through facility on approximately 0.8213 acres of land, located at 701 Fort Worth Drive, situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas (S09-0005).  The Planning and Zoning Commission recommends approval (7-0).

F.

Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date.

A.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale/Option Agreement, as appropriate, by and between the City of Denton, Texas ("City") and the Dallas Area Rapid Transit Authority ("DART") transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas.

B.

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.

C.	Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act.

D.	Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.