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

1.

Receive a presentation from Denton Municipal Electric staff, discuss, deliberate and consider possible amendment of the ECA Rate Rider to the electric rate ordinance, which is a public power utilities competitive and financial matter.  Receive legal advice from the City’s attorneys regarding possible recommended changes to the ECA Rate Rider.  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.

2.

Consultation with the City’s attorneys regarding legal issues associated with Consent Agenda Item 3A on the City Council’s February 2, 2010 agenda 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.

B.	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.

C.	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.

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.	Resolution of Appreciation for Paul Abbott

2.	Denton County Transportation Authority presentation of a ceremonial shovel from the Medpark Station groundbreaking

3.

CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - R). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - R below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda.

A.

Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,412,000 to allow the Solid Waste Department to purchase and acquire refuse and recycling vehicles and equipment in order to continue providing Solid Waste Refuse and Recycling Collection operations; and providing an effective date.  The Public Utilities Board recommends approval (7-0).

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 Cooperative Purchasing Network for the acquisition of four refuse trucks and one knuckle boom truck for the City of Denton Solid Waste Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4473-Equipment for Solid Waste Department awarded to Rush Truck Center, Crane in the amount of $560,960.17, McNeilus Truck in the amount of $278,034 and Southwest International Truck in the amount of 139,309.51 for a total award of 978,303.68). The Public Utilities Board recommends approval (5-0).

C.

Consider adoption of an ordinance of the City of Denton, Texas accepting competitive sealed bids and awarding a best value contract for the purchase of 15/20/25//28 MVA, 138kV and 138 kV x 69kV to 13.2/7.62kV substation power transformers for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4425-Best Value Bid for Purchase of 15/20/25/28 MVA Power Transformers in the estimated first year amount of $2,212,330). The Public Utilities Board recommends approval (7-0).

D.

Consider adoption of an ordinance of the City of Denton, Texas accepting competitive sealed bids and awarding a best value contract for an electronic document archiving system for the Planning and Development Department; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4450-Best Value Bid for Imaging Project awarded to VP Imaging dba DocuNav Solutions in the amount of $186,650).

E.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Texas Association of School Boards (TASB) for the acquisition of one Gradall Wheeled Excavator as awarded by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4468-Excavator for Drainage Department awarded to Hi-Way Equipment Co., LLC in the amount of $185,500).  The Public Utilities Board recommends approval (7-0).

F.

Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Kirkpatrick Architecture Studio for the design and construction oversight of a systems operation and dispatch center building for Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date (RFSP 4334 in an amount not to exceed $170,000).  The Public Utilities Board recommends approval (7-0).

G.

Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Ector Street Storm Drainage and Sanitary Sewer Improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 4439-awarded to the lowest responsible bidder meeting specification, Omega Contracting, Inc., in the amount of $619,882).  The Public Utilities Board recommends approval (7-0).

H.

Consider adoption of an ordinance of the City of Denton, Texas approving the purchase of a ScanX Digital Imaging System and TigerView Explosives Ordnance Disposal/Detection Software for the City of Denton Fire Department available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4470-Purchase of Imaging System and Explosives Ordnance Disposal/Detection Software for Fire Department awarded to Televere Systems LLC in the amount of $57,647).

I.

Consider adoption of an ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; determining a sole source and approving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 4472-Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $65,000).

J.	Consider approval of the minutes of:       December 15, 2009       January 12, 2010

K.

Consider approval of a resolution by the City Council of the City of Denton, Texas granting the City Manager authority to apply to the Texas Commission on Environmental Quality for an amendment to the City’s Lake Lewisville Water Right - Permitting Indirect Wastewater Reuse; providing for an effective date.  The Public Utilities Board Recommends approval (7-0).

L.

Consider approval of a resolution authorizing the City Manager to execute a lease between the City of Denton and the Federal Aviation Administration (FAA) for land at the Denton Municipal Airport for the Medium Intensity Approach Lighting System with Runway Alignment (MALSAR), Localizer (LOC), Glide Slope (GS) and Automated Surface Observing System (ASOS); and providing an effective date.  The Airport Advisory Board recommends approval (7-0).

M.	Consider adoption of an ordinance of the City of Denton, Texas approving the issuance of an estoppel certificate to Sykes-Vaughan Investments LLC and Western Petroleum Company; and providing an effective date.  The Airport Advisory Board recommends approval (7-0).

N.

Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 8, 2010, and if a runoff election is required, on June 12, 2010, 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; prescribing the form of the ballot; providing for notice; providing for publication of notice of this election; providing a severability clause; providing an open meetings clause; and providing for an effective date.

O.

Consider adoption of an ordinance of the City of Denton, Texas amending the Denton Municipal Electric Rate Ordinance contained in Ordinance No. 2009-218, solely as to Rate Rider ECA (Energy Cost Adjustment); providing for a repealer; providing for a severability clause; and providing for an effective date.  The Public Utilities Board recommends approval (5-0).

4.	PUBLIC HEARINGS

A.

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.

5.	ITEMS FOR INDIVIDUAL CONSIDERATION

A.

Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an Advance Funding Agreement for a project using funds held in the State Highway 121 subaccount in the amount of $57,689,189 between the City of Denton, Texas and the State of Texas for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East (IH 35E) service road south to U.S. Highway 377; authorizing the expenditure of funds therefor; and providing an effective date.

B.

Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement in the amount of $11,537,838 between the City of Denton, Texas and Denton County Precinct No. 4 for the widening and construction of Bonnie Brae Road from the Interstate Highway 35 East (IH 35E) service road south to U.S. Highway 377; authorizing the City Manager or his designee to execute said agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date.

C.	Citizen Reports

1.	Review of procedures for addressing the City Council.

2.	Receive citizen reports from the following:

a.	Willie Hudspeth regarding concerns of Southeast Denton.

b.	Jordan Hudspeth regarding concerns of Southeast Denton.

c.	Hagar Hudspeth regarding concerns of Southeast Denton.

d.	Robert Donnelly regarding the Engineering Dept, drainage and improvements and the Medpark Station.

e.	Diana Garrison regarding code enforcement citations at the Shepherd’s Hand.

f.	Rick Henry regarding code enforcement citations at the Shepherd’s Hand.

D.

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.

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

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