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

1)

Consultation, discussion, deliberation, and receipt of information from the City’s attorneys regarding potential litigation with Atmos Energy Corporation relating to disputes concerning rate increase issues, 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.

B.	Deliberations regarding 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 regarding certain competitive public power and financial matters regarding Texas Municipal Power Agency ("TMPA") operations, transmission issues, issues regarding the payment of TMPA indebtedness, and other related issues concerning the City’s interest in, and its business relationship with TMPA; receive a consultation from the City’s attorneys regarding legal issues involved respecting these matters, where a public discussion would conflict with the duty of the City’s attorneys to the Public Utilities Board under the Texas Rules of Professional Conduct of the State Bar of Texas.  Discuss, deliberate, and provide staff with direction regarding same.

C.	Deliberations regarding consultation with the City Attorney - 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 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 granting economic development incentives to Mayday Holdings LLC, an aircraft parts manufacturing company.  This discussion shall include commercial and financial information the City Council has received from Mayday Holdings LLC 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 incentives.

D.	Certain Public Power Utilities Competitive Matters - Under Texas Government Code Section 551.086; 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 from staff, discuss, deliberate and provide staff with direction regarding the establishment of a Combined Heat and Power - Economic Development District (CHP-EDD) in the airport industrial area of Denton, Texas, including the designation, boundaries, and limitations upon activities regarding said proposed District, in the interest of providing electric power; receive a presentation from staff, discuss, deliberate and provide staff with direction regarding the acquisition of property and easements, and the value thereof, related to the CHP-EDD; consult with and provide direction to the City’s attorneys regarding legal matters related to the CHP-EDD where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas 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)	Severe Weather Awareness Week

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1.	Michelle French regarding the property tax collection process.

A.

Consider adoption of an ordinance of the City of Denton, Texas, appointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing a term of office for the presiding Municipal Judge in accordance with applicable state statutes; providing for renewal and extension of terms absent specific action by Council; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date.

B.

Consider approval of a resolution allowing Tejas Storytelling Association to be the sole participant allowed to distribute/not sell alcoholic beverages at the Texas Storytelling Festival on March 10, 2012, 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 (4-0).  Staff recommends approval of the Texas Storytelling Festival request.

C.

Consider approval of a resolution allowing Rooster’s Roadhouse to be the sole participant allowed to sell alcoholic beverages at the 35 Denton music festival held on March 9 - March 11, 2012, 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.  Staff recommends approval of Rooster’s Roadhouse request.

D.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Investment Advisory Services Contract with First Southwest Asset Management, Inc. for an amount not to exceed $52,000; and providing an effective date.  The Audit/Finance Committee recommends approval (2-0).

E.	Consider adoption of an ordinance approving the City Manager to execute a Bond Counsel Agreement between the City of Denton and McCall, Parkhurst & Horton, LLP; approving the expenditure of funds therefor; and providing for an effective date.

F.

Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a Consulting Services Agreement for Financial Advisory, Arbitrage Rebate and Continuing Disclosure Services between the City of Denton and First Southwest Company and Affiliate First Southwest Asset Management; approving the expenditure of funds therefor; and providing an effective date.

G.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and Johnston Technical Services, Inc. (JTS); providing for the expenditure of funds therefor; and providing an effective date (File 4751-Change Order One to the  Design and Installation of Wireless Communication Network for Lake Lewisville Raw Water Pump Station and Lake Lewisville Water Treatment Plant in the amount of $37,427.35 for a total award of $136,179.41). The Public Utilities Board recommends approval (7-0).

H.

Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with PWR Solutions, Inc. for Engineering and Consulting Services relating to a Comprehensive Short and Long Term Distribution System Analysis for Denton Municipal Electric, and providing for an effective date (File 4912-Distribution System Analysis for Denton Municipal Electric awarded to PWR Solutions, Inc. in the amount of $214,660).  The Public Utilities Board recommends approval (7-0).

I.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for a five year contract for software maintenance for the Solid Waste Department’s WeighStation and CompuRoute software program from Paradigm Software, LLC., 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 3808-Five Year Contract for Maintenance of WeighStation and CompuRoute Software awarded to Paradigm Software, LLC. in a five year amount not to exceed $110,000). The Public Utilities Board recommends approval (5-0).

J.

Consider adoption of an ordinance accepting competitive proposals and awarding a four year contract for Pavement Marking Installation for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4788-Four Year Contract for Pavement Marking Installation awarded to BTA Services in the annual estimated amount of $200,000 for a four year estimated expenditure of $800,000).

K.

Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4790-Three Year Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder meeting specification in the unit price amounts shown on Exhibit A for an annual estimated expenditure of $125,000 and a three year estimated total of $375,000).  The Public Utilities Board recommends approval (7-0).

L.

Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two LifePak 15 defibrillators from Physio Control, Inc., 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 4908-Purchase of Two Defibrillators for the City of Denton Fire Department in the amount of $78,180.10).

M.

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 for the purchase of certified softball officiating services which are 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 4904-Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $70,000).

N.

Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to an Airport Improvement Grant to Develop a Wildlife Management Plan for Denton Airport; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date.  The Airport Advisory Board recommends approval (7-0).

O.

Consider approval of a resolution by the City of Denton, Texas suspending the effective date for ninety days in connection with the rate increase filing of Atmos Energy Corporation on or about January 31, 2012; requiring the reimbursement of municipal rate case expenses; authorizing participation in related rate proceedings; authorizing the retention of special counsel; finding that the meeting complies with the open meetings act; making other findings and provisions related to the subject; and declaring an effective date.

P.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and JVC Real Estate, L.L.C. for the property located at 4650 and 4736 Lockheed, Denton Municipal Airport; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

Q.

Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton with Legend Natural Gas IV, LP a Fourth Amendment To Surface Use Agreement first executed between the City of Denton, Texas and Enexco, Inc. on January 17, 2002 for the property located at Denton Municipal Airport; and providing an effective date.  The Council Airport Committee recommends approval (3-0).

R.

Consider adoption of an ordinance to allow exclusive use of City property for the 35 Denton music festival at Williams Trade Square and Hickory Street between Industrial and Austin streets contingent on a fully executed contract with an approved vendor; for an exception to the Noise Ordinance to have an increase in decibel level to 95 decibels and for amplified sound on Sunday; and for the street closures to traffic beginning at 7:00 a.m. on Friday, March 9, 2012, and concluding at 11:00 p.m. on Sunday, March 11, 2012; and providing for an effective date.  Staff recommends approval of an increase in decibels to 75 and amplified sound on Sunday.

S.	Consider approval of the minutes of: December 5, 2011 December 6, 2011 December 12, 2011 December 13, 2011 January 10, 2012

T.

Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a third amendment to a professional and personal services agreement with KEMA, Inc., a corporation, for further engineering and consulting services respecting regulatory compliance for the Denton Municipal Electric System with the Texas Regional Entity ("TRE") and the North American Electric Reliability Council ("NERC"); authorizing the expenditure of funds therefor in an amount not-to-exceed an additional $23,000; and providing an effective date (File 4412- aggregating not-to-exceed $318,940).  The Public Utilities Board recommends approval (7-0).

A.	Consider adoption of an ordinance directing the publication of Notice of Intention to issue $10,970,000 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 $38,355,000 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.

C.	Consider approval of a resolution of the City Council of the City of Denton, Texas adopting a sustainability plan entitled "Simply Sustainable - A Strategic Plan for Denton’s Future"; and providing an effective date.

D.	Consider adoption of an ordinance creating a Combined Heat and Power Economic Development District (CHP-EDD) in the Airport Industrial District area of Denton, Texas; designating and describing the boundaries of such district; and providing an effective date.

E.

Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Mayday Holdings LLC, setting for the various conditions precedent to Mayday Holdings LLC and receiving the Program Grant; providing for a severability clause; and providing an effective date.  The Economic Development Partnership Board recommends approval (7-0).

F.

Consider approval of a resolution by the City Council of the City of Denton, Texas, in connection with the development stated in the tax credit application submitted by the AMCAL Multi-Housing Inc. to the Texas Department of Housing and Community Affairs for the development of the Villages at Elk River, an affordable Elderly Housing facility.

G.

Consider adoption of an ordinance amending the water conservation and drought contingency plan of the City of Denton, Texas previously adopted by the City Council in Ordinance No. 2009-134 enacted on the 2nd day of June, 2009 as to sections 6.5, 6.6 and 6.7 thereof only; amending the enforcement provisions of the previous plan; providing for stages of enforcement for violators of the plan; providing for administrative fees to be charged to violators for certain violations of the plan; providing for a criminal penalty not to exceed $2,000 per violation of the plan; providing for a civil penalty not to exceed $1,000 per day per violation of the plan; providing for civil legal remedies for the City of Denton, Texas; providing a savings clause; providing a severability clause; and providing an effective date.

H.	Consider nominations to the Denton County Housing Finance Corporation.

I.	Consider nominations/appointments to the City’s boards and commissions:

1.	Community Development Advisory Committee

2.	Health & Building Standards Commission

3.	Public Art Committee

A.

Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving an updated amendment to the pedestrian and bicycle linkage component of the Denton Mobility Plan for the City of Denton, Texas; providing a severability clause and an effective date.  (CA11-0003)  The Planning and Zoning Commission recommends approval (7-0).

A.	Review of procedures for addressing the City Council.

B.	Receive citizen reports from the following:

1)	Bob Clifton regarding Senate Bill 1230 - 82nd Legislature Regular Session.

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.

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