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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.

This item was not considered.

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.

This item was not considered.

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

Mayor Burroughs presented a Resolution of Appreciation for Paul Abbott.

 

Mayor Pro Tem Kamp motioned, Council Member Heggins seconded to approve the Resolution of Appreciation.  On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.

 

Chief Minter presented a plaque of appreciation to Officer Abbott.

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

Guy McElroy presented the Council with a ceremonial shove from the Medpark Station groundbreaking.

3.	CONSENT AGENDA

Ordinance No. 2010-020

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).

Ordinance No. 2010-021

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).

Ordinance No. 2010-022

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).

Ordinance No. 2010-023

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).

Ordinance No. 2010-024

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).

Ordinance No. 2010-025

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).

Ordinance No. 2010-026

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).

Ordinance No. 2010-027

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).

Ordinance No. 2010-028

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).

Approved the following minutes:

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

Resolution No. R2010-005

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).

Resolution No. R2010-006

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).

Ordinance No. 2010-029

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).

Ordinance No. 2010-030

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.

Item O was not considered.

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).

Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item O.  On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.

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.

Mayor Burroughs opened the public hearing.

 

Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to continue this item to the February 16, 2010 meeting.  On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.

5.	ITEMS FOR INDIVIDUAL CONSIDERATION

Ordinance No. 2010-031

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.

Frank Payne, City Engineer, presented information on both Items 5A and 5B.  He stated that in August of 2007, the City applied for Regional Toll Revenue funding from SH 121 tolling proceeds for several major transportation projects.  Item A dealt with the agreement between the City and the Texas Department of Transportation for funding.  Item B dealt with the agreement between the City and the County for receipt and use of funds from Precinct 4 as part of the County’s TRIP-08 bond program.

 

Mayor Pro Tem Kamp motioned, Council Member Watts seconded to adopt the ordinance for Item A.  On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.

Ordinance No. 2010-032

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.

Mayor Pro Tem Kamp motioned, Council Member Mulroy seconded to adopt the ordinance for Item B.  On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.

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.

Mr. Hudspeth indicated that he did not like the placement of the officer on duty in the front of the room.  His agenda consisted of the following items: there was only one fireman who was African American; there were no walkways in the plans from Loop 288 to Ryan High School; the Consent Agenda was hiding information from the public; there were no Blacks on the Parks Board or in the Park administration; Bobby Givens should be assigned as the manager of the MLK Center; some of the employees in Code Enforcement were extremely rude; the Planning Director was the worst in terms of being rude; and the Juneteenth celebration and Cinco de Mayo were the only ones being charged park fees while Jazzfest was not charged the fee.

b.	Jordan Hudspeth regarding concerns of Southeast Denton.

Ms. Hudspeth was not present at the meeting.

c.	Hagar Hudspeth regarding concerns of Southeast Denton.

Ms Hudspeth was not present at the meeting.

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

Mr. Donnelly presented pictures of a rock dam and information from a hydrology report regarding the development of Medpark Station and the potential to increase storm water runoff in the area.  He also presented information on the drainage in the Medpark Station relative to the detention ponds, rock berms and the diversion of stormwater.  Downstream flooding would affect his property.  He had talked with staff but he could not seem to get a resolution to his questions.  He was asking for answers that make sense as staff's answers contradicted the drainage study.

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

Ms. Garrison stated that Code Enforcement had been out regarding their motor home on leased property.  Originally it had a tarp on it and they were told that they would have to replace the tarp with a manufactured top which they did.  Then Code Enforcement came out and gave them a citation regarding the location of the motor home and they were told that it would have to be moved.  Currently it was located at the end of a dead end street. They were asking that their citation be overruled.  They wanted to be in compliance but at times that was hard to do.  A neighbor's business was broken into and the motor home helped protect the building.  They were a ministry and wanted to help the residents of Denton County.  The motor home not in anyone's way and was on leased property.

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

Mr. Henry stated that the cause of the complaints was from a former employee. Since he had been on site, they had stopped a number of burglaries in the area.  Homeless people were breaking into the neighboring businesses and into Shepherd's Hand to steal money and food.  With no one on site, there would be more problems.  The RV was there for storage and for protection.  Shepherd’s Hand serviced 6400 people a month and was doing a good service to the community.

 

Mayor Pro Tem Kamp asked the City Attorney to visit with Ms. Garrison and Mr. Henry after the meeting.

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.

Council Member Gregory asked for a report from staff regarding the paperwork Mr. Donnelly had presented.

 

Mayor Burroughs asked for a report regarding the park fee policy as noted from Mr. Hudspeth.

Council Member Engelbrecht asked for feedback on sidewalks along McKinney to Ryan.

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

There was no continuation of the Closed Meeting.

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

There was no official action on Closed Meeting items.

 

With no further business, the meeting was adjourned at 7:32 p.m.