CITY OF DENTON CITY COUNCIL
January 4, 2011
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, January 4, 2011 at 04:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street , Denton, Texas at which the following items will be considered:
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.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT.
||Receive a report and hold a discussion with the City’s attorneys regarding legal issues related to the power and authority of the Denton County Transportation Authority ("DCTA") to acquire real property interests within the municipal boundaries of the City of Denton and actions of the City of Denton required for DCTA’s acquisition of such real property interests. 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 clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code in this matter.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."
||Presentation by Carter Blood Care of Four Seasons Award to Kari Jo Zika.
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 - I). 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 - I 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.
||Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Malcolm Pirnie, Inc. for engineering services to develop a Supervisory Control and Data Acquisition (SCADA) Master Plan for the City of Denton Water Production Division; authorizing the expenditure of funds therefor; and providing an effective date (RFP 4528 in an amount not to exceed $119,873). The Public Utilities Board recommends approval (6-0).
||Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Retaining Wall Materials for construction of the Second Phase of a Screening Wall at Phase 3, Cell A at the City of Denton Landfill 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 4635-Purchase of Retaining Wall Materials for Second Phase of Screening Wall Installation at City of Denton Landfill awarded to Stone Strong, LLC in the amount of $94,170). The Public Utilities Board recommends approval (6-0).
||Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Ambulance Agreement between the City of Denton and Denton County for ambulance services; and declaring an effective date.
||Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Mayor to execute an Interlocal Fire Protection Agreement between the City of Denton and Denton County for fire protection services; and declaring an effective date.
||Consider adoption of an ordinance of the City of Denton closing, abandoning and vacating the Robertson Street grade crossing at its intersection with the formerly Missourri-Kansas-Texas Railroad Company right-of-way, the Robertson Street crossing centerline presently being located approximately 460 feet northwesterly of the centerline intersection of Mill Street/Morse Street with the formerly M-K-T Railroad Company right-of-way centerline and being situated in the Alexander Hill Survey, Abstract No. 623, City and County of Denton, Texas, and providing an effective date.
||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 Solid Waste Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,979,205 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 (6-0).
||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 Wastewater Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $500,000 to allow the Wastewater Department to purchase and acquire equipment for the beneficial reuse division; and providing an effective date. The Public Utilities Board recommends approval (6-0).
||Consider adoption of an ordinance of the City of Denton, Texas amending and restating the Schedule of Rates for Solid Waste Service contained in Ordinance No. 2009-221 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas solely as to commercial solid waste collections services rates (Schedule SWC) and the collection and transportation services permit rate (Schedule SWP); providing that except for those specific changes made to schedules SWC and SWP, that all of the remaining provisions of Ordinance No. 2010-231 shall remain in full force and continuous effect; providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (5-0).
||Consider adoption of an ordinance of the City of Denton, Texas, approving the acquisition by the Denton County Transportation Authority, a coordinated county transportation authority created under Chapter 460 of the Texas Transportation Code, of a perpetual easement by eminent domain, upon, along and across (i) an approximate 0.148-acre tract; and (ii) an approximate 0.09-acre tract, a portion of such 0.09-acre tract being located within the above described 0.148-acre tract, both tracts being situated in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and being more particularly described herein; and providing an effective date.
||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
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 E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2011 at ________o'clock (a.m.) (p.m.)
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.