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. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Sec. 551.086; and Consultation with Attorneys - Under Texas Government Code, Sec. 551.071.
1. Discuss, deliberate, and receive a report and presentation from Staff regarding public power competitive and financial matters regarding Denton Municipal Electric's electric transmission operations, its transmission system needs, and the current regulatory requirements for DME; further discuss, deliberate and provide Staff with direction regarding the proposed "Transmission Operator Consulting Services Agreement" by and between the City of Denton, Texas and the City of Garland, Texas, who is a "Transmission Operator," which agreement provides for Garland's cooperation, supervision and assistance regarding Denton's qualification and certification as a "Transmission Operator," being a mandatory Federal regulatory requirement for utilities attaining the level of transmission assets owned and to be operated by DME. Receive a consultation from the City's attorneys regarding possible legal issues involved in retaining services for assistance from third-party transmission operators, where a public discussion of this legal matter 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.
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.
A. Consider adoption of an ordinance adopting a schedule of fees for use of certain park facilities; superseding all prior fees in conflict with such schedule and providing for severability and an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0).
B. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute contracts through the Buy Board Cooperative Purchasing Network for the acquisition of two trucks, two Backhoe Loaders, and one Skid Steer Loader for the City of Denton Street and Traffic Departments; and providing an effective date (File 4839-Trucks and Heavy Equipment for Street and Traffic Departments awarded to Southwest International Trucks in the amount of $190,034.31, Holt-Cat in the amount of $173,016, and Bobcat Co. in the amount of $47,766.04 for a total award amount of $410,816.35).
C. Consider adoption of a an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with CP&Y, Inc. of Dallas, Texas for Engineering Services, Design and Development, Texas Commission on Environmental Quality Interface, and other consulting services associated with the City of Denton's Municipal Solid Waste (MSW) Facility and providing an effective date (File 4840-in an amount not to exceed $135,000). The Public Utilities Board recommends approval (7-0).
D. 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 utilized in the construction of a screening wall at the City of Denton Landfill. The requested materials are from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code and City of Denton Purchasing Policy Chapter 2, Section III. Such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4834-Three Year contract for the Purchase of Retaining Wall Materials for City of Denton Landfill awarded to Stone Strong, LLC in the estimated amount of $150,000 annually). The Public Utilities Board recommends approval (5-0).
E. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Innovative Transportation Solutions, Inc. for transportation services as set forth in the contract; and providing an effective date (File 4848-Professional Service Agreement for Transportation Consultant Services to Innovative Transportation Solutions, Inc. for a total amount of $126,000).
F. Consider approval of a resolution allowing the Denton Community Theatre to be the sole participant allowed to sell alcoholic beverages at the Beaujolais on November 17, 2011, 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 Denton Community Theatre's request to allow alcohol to be sold in the Civic Center for the Beaujolais event.
G. Consider a request for an exception to the Noise Ordinance for the purpose of the first Denton Day of the Dead, sponsored by the Industrial Street Guild. The event will be held on Industrial Street on Saturday, October 29, 2011, from 11:00 a.m. to 10:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound on Saturday from 10:00 p.m. until 10:30 p.m. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. Staff recommends approval of the request.
H. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Wastewater Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $350,000 to allow the Wastewater Department to purchase and acquire a piece of equipment for the beneficial reuse division, and providing an effective date. The Public Utilities Board recommends approval (5-0).
I. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $2,261,655 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 (5-0).
J. Consider adoption of an ordinance on second reading of the City Council of the City of Denton, Texas, granting to Denton County Electric Cooperative, Inc., D/B/A CoServ Electric, its successors and assigns, the non-exclusive right to use and occupy rights-of-way within the City of Denton for the construction and operation of an electric transmission and distribution system; prescribing conditions governing the use of the public rights-of-way; providing for compensation therefor, providing for a term of said franchise; providing for written acceptance of this franchise; finding that the meeting at which this ordinance is passed is open to the public; providing for severability; and providing for an effective date.
K. Consider adoption of an ordinance of the City Council approving a "Transmission Operator Consulting Services Agreement" by and between the City of Denton, Texas and the City of Garland, Texas in the amount not-to-exceed $350,000; directing the City Attorney or her designee to seal Exhibit "C" to the Agreement and deliver said Exhibit "C" to the City Secretary for deposit; as the said Exhibit "C" contains information that is confidential, competitive, sensitive and deals with the security of the DME system; which Exhibit "C" constitutes a Public Power Competitive and Financial Matter in accordance with Section 552.133 of the Texas Government Code; authorizing the City Manager to execute and deliver said agreement; providing for the expenditure of funds; and providing an effective date. The Public Utilities Board has considered this agreement.
L. Consider approval of the minutes of:
September 6, 2011
September 13, 2011
September 20, 2011
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
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.