3. Work Session Reports
1. Closed Meeting:
B. ID 16-1351 Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located from North Lakes Substation of Denton Municipal Electric and proceeding east along Riney Rd, then turning north along Nicosia St., then east along W. Hercules Lane and terminating at the Denton North Substation of Denton Municipal Electric, in the City of Denton, Denton County, Texas; where discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting would 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, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [North Lakes to Denton North TM Line]
C. ID 16-1240 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation and receipt of information from the City's attorneys involving legal matters regarding guidelines for determining when an annexation study should be considered and the criteria for annexation, and to provide the City's attorneys with direction, 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.
D. ID 16-1301 Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding a proposed economic development program grant agreement between the City of Denton and Sally Beauty Supply LLC. This discussion shall include commercial and financial information the City Council has received from Sally Beauty Supply LLC, a business prospect 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; deliberate the economic development program grant agreement between the City of Denton and Sally Beauty Supply LLC.
E. ID 16-1312 Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located in Lot 1, Block 2 of the Municipal Utility Addition as shown by the plat thereof recorded in Cabinet G Page 346 of the P.R.D.C.T., in the City of Denton, Denton County, Texas; where discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting would 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, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [Brinker Substation]
F. ID 16-1333 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's Attorneys regarding development review fees and schedules, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
G. ID 16-1343 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. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for West Gate Business Park (WGBP Investments, LTD). This discussion shall include commercial and financial information the City Council has received from West Gate Business Park 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 incentive; consultation with attorneys regarding legal aspects of proposed economic incentive agreements where 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.
A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public.
4. CONSENT AGENDA
A. ID 16-712 Consider approval of the New Cingular Wireless PCS, LLC (Cingular Wireless) third lease amendment for property that is located at the McKenna Park Tower in the City of Denton, Denton County, Texas for an additional thirty (30) years term.
C. ID 16-1244 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 a grant for Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date (TxDOT CSJ No.: M1718DNTO). The Airport Advisory Board recommends approval (5-0).
D. ID 16-1250 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to enter into an Interlocal Agreement with the Denco Area 9-1-1 District (Denco) for providing a 911 database and related services for the benefit of the citizens of the City of Denton and providing an effective date.
E. ID 16-1259 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $1,400 of in-kind services and resources for the Backing the Blue-Denton, to be held at the Civic Center at 321 E. McKinney Street, November 19, 2016; and providing an effective date.
G. ID 16-1288 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas for the purchase of temporary labor services for various City departments as awarded by the State of Texas Contract 962-M3; and providing an effective date (File 5215-Purchase of Temporary Labor Services awarded to Texas Industries for the Blind and Handicapped (TIBH Industries, Inc. in the not to exceed amount of $300,000).
H. ID 16-1289 Consider adoption of an ordinance awarding a contract for the purchase of security products and continued vendor support of the Palo Alto Firewall software as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-TSO-2700; providing for the expenditure of funds therefor and providing an effective date. (File 4970-awarded to Solid Border, Inc. in the three (3) year not-to-exceed amount of $309,000).
I. ID 16-1290 Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for survey services on a work order basis for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (File 6189-awarded to Teague Nall and Perkins, Inc. in an amount not-to-exceed $500,000).
J. ID 16-1291 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Denton Municipal Electric (DME) ArcFM Solution and associated software modules along with new hardware and software upgrades, 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 5770 awarded to Telvent USA, LLC for a three (3) year not-to-exceed amount of $129,401).
K. ID 16-1293 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Municipal Court Incode software and hosted Insite web service, 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 4771 awarded to Tyler Technologies, Inc. in the three (3) year not-to-exceed amount of $337,471).
L. ID 16-1294 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the acquisition of one (1) Frazer Type I Ambulance for the City of Denton Fire Department 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 6256-awarded to Knapp Chevrolet not-to-exceed amount of $223,875).
M. ID 16-1295 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the hosted Millennium Library System and associated hardware and software modules, 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 3224 awarded to Innovative Interfaces, Inc. in the three (3) year not-to-exceed amount of $186,490).
N. ID 16-1296 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 a lease of office space located in the North Lakes Annex Building, 1117 Riney Road between the City of Denton and Denton Explorium; and providing for an effective date.
O. ID 16-1298 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal hardware including traffic signal controllers, video detection systems, battery backup systems, and network switches, for the City of Denton Traffic Department, 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 6248 awarded to Paradigm Traffic Systems in the annual estimated amount of $290,000 for a three (3) year not to exceed amount of $870,000).
P. ID 16-1299 Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for financial planning and rate modeling services for Denton Municipal Electric and Water/Wastewater Utilities; providing for the expenditure of funds therefor; and providing an effective date (File 6229-awarded to NewGen Strategies & Solutions, LLC in an amount not-to-exceed $215,000). The Public Utilities Board recommends approval (6-0).
Q. ID 16-1300 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to a Professional Services Agreement by and between the City of Denton, Texas and Nelson + Morgan Architects, Inc. for architectural, structural, mechanical, and engineering design services to support the design of the new City of Denton Fleet Services Annex Facility to be located at 1527 South Mayhill Road; providing an effective date (File No. 5497 in the additional amount not-to-exceed $158,035.00; aggregating a total not-to-exceed $202,948.09). The Public Utilities Board recommends approval (6-0).
R. ID 16-1353 Consider adoption of an ordinance terminating an award for a public works contract for the construction of hangars at Denton Enterprise Airport; and providing an effective date of the termination. (RFP 5753- previously awarded to Mag Construction Services, LLC in the not-to-exceed amount of $617,801.65 on April 21, 2015).
5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
A. ID 16-1271 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple title to a 1.253 acre tract of land situated in the J.S Collard Survey, Abstract No. 297, City of Denton, Denton County, Texas, and of the Real Property Records of Denton County, Texas ("Property Interests"), for the public use of, expansion, construction, maintenance, and operation of an electric transmission lines, ancillary facilities and structures; authorizing the City Manager, acting City Manager, or his designee, to make initial and final offers to execute a contract of sale, between the City of Denton, Texas ("City"), as buyer, and Pensco Trust Company Custodian FBO Randall D. Smith Roth IRA, Bonnie Brae Malone County, Inc., Trustee of the COTI Property Trust, and Edward F. Wolski, et. al. ("Owner"), as seller, to acquire fee title to the Property Interests for the total purchase price of $166,859.00, and other consideration; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. [North Lakes to Denton North TM Line]
6. ITEMS FOR INDIVIDUAL CONSIDERATION
7. PUBLIC HEARINGS
Oct 18, 2016 City Council on 2016-10-18 12:00 PM
3. Work Session Reports
1. Closed Meeting:
B. ID 16-1351 Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located from North Lakes Substation of Denton Municipal Electric and proceeding east along Riney Rd, then turning north along Nicosia St., then east along W. Hercules Lane and terminating at the Denton North Substation of Denton Municipal Electric, in the City of Denton, Denton County, Texas; where discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting would 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, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [North Lakes to Denton North TM Line]
C. ID 16-1240 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation and receipt of information from the City's attorneys involving legal matters regarding guidelines for determining when an annexation study should be considered and the criteria for annexation, and to provide the City's attorneys with direction, 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.
D. ID 16-1301 Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding a proposed economic development program grant agreement between the City of Denton and Sally Beauty Supply LLC. This discussion shall include commercial and financial information the City Council has received from Sally Beauty Supply LLC, a business prospect 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; deliberate the economic development program grant agreement between the City of Denton and Sally Beauty Supply LLC.
E. ID 16-1312 Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located in Lot 1, Block 2 of the Municipal Utility Addition as shown by the plat thereof recorded in Cabinet G Page 346 of the P.R.D.C.T., in the City of Denton, Denton County, Texas; where discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting would 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, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. [Brinker Substation]
F. ID 16-1333 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's Attorneys regarding development review fees and schedules, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
G. ID 16-1343 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. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for West Gate Business Park (WGBP Investments, LTD). This discussion shall include commercial and financial information the City Council has received from West Gate Business Park 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 incentive; consultation with attorneys regarding legal aspects of proposed economic incentive agreements where 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.
A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public.
4. CONSENT AGENDA
A. ID 16-712 Consider approval of the New Cingular Wireless PCS, LLC (Cingular Wireless) third lease amendment for property that is located at the McKenna Park Tower in the City of Denton, Denton County, Texas for an additional thirty (30) years term.
C. ID 16-1244 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 a grant for Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date (TxDOT CSJ No.: M1718DNTO). The Airport Advisory Board recommends approval (5-0).
D. ID 16-1250 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to enter into an Interlocal Agreement with the Denco Area 9-1-1 District (Denco) for providing a 911 database and related services for the benefit of the citizens of the City of Denton and providing an effective date.
E. ID 16-1259 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $1,400 of in-kind services and resources for the Backing the Blue-Denton, to be held at the Civic Center at 321 E. McKinney Street, November 19, 2016; and providing an effective date.
G. ID 16-1288 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas for the purchase of temporary labor services for various City departments as awarded by the State of Texas Contract 962-M3; and providing an effective date (File 5215-Purchase of Temporary Labor Services awarded to Texas Industries for the Blind and Handicapped (TIBH Industries, Inc. in the not to exceed amount of $300,000).
H. ID 16-1289 Consider adoption of an ordinance awarding a contract for the purchase of security products and continued vendor support of the Palo Alto Firewall software as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-TSO-2700; providing for the expenditure of funds therefor and providing an effective date. (File 4970-awarded to Solid Border, Inc. in the three (3) year not-to-exceed amount of $309,000).
I. ID 16-1290 Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for survey services on a work order basis for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (File 6189-awarded to Teague Nall and Perkins, Inc. in an amount not-to-exceed $500,000).
J. ID 16-1291 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Denton Municipal Electric (DME) ArcFM Solution and associated software modules along with new hardware and software upgrades, 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 5770 awarded to Telvent USA, LLC for a three (3) year not-to-exceed amount of $129,401).
K. ID 16-1293 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Municipal Court Incode software and hosted Insite web service, 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 4771 awarded to Tyler Technologies, Inc. in the three (3) year not-to-exceed amount of $337,471).
L. ID 16-1294 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the acquisition of one (1) Frazer Type I Ambulance for the City of Denton Fire Department 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 6256-awarded to Knapp Chevrolet not-to-exceed amount of $223,875).
M. ID 16-1295 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the hosted Millennium Library System and associated hardware and software modules, 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 3224 awarded to Innovative Interfaces, Inc. in the three (3) year not-to-exceed amount of $186,490).
N. ID 16-1296 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 a lease of office space located in the North Lakes Annex Building, 1117 Riney Road between the City of Denton and Denton Explorium; and providing for an effective date.
O. ID 16-1298 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of traffic signal hardware including traffic signal controllers, video detection systems, battery backup systems, and network switches, for the City of Denton Traffic Department, 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 6248 awarded to Paradigm Traffic Systems in the annual estimated amount of $290,000 for a three (3) year not to exceed amount of $870,000).
P. ID 16-1299 Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for financial planning and rate modeling services for Denton Municipal Electric and Water/Wastewater Utilities; providing for the expenditure of funds therefor; and providing an effective date (File 6229-awarded to NewGen Strategies & Solutions, LLC in an amount not-to-exceed $215,000). The Public Utilities Board recommends approval (6-0).
Q. ID 16-1300 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to a Professional Services Agreement by and between the City of Denton, Texas and Nelson + Morgan Architects, Inc. for architectural, structural, mechanical, and engineering design services to support the design of the new City of Denton Fleet Services Annex Facility to be located at 1527 South Mayhill Road; providing an effective date (File No. 5497 in the additional amount not-to-exceed $158,035.00; aggregating a total not-to-exceed $202,948.09). The Public Utilities Board recommends approval (6-0).
R. ID 16-1353 Consider adoption of an ordinance terminating an award for a public works contract for the construction of hangars at Denton Enterprise Airport; and providing an effective date of the termination. (RFP 5753- previously awarded to Mag Construction Services, LLC in the not-to-exceed amount of $617,801.65 on April 21, 2015).
5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
A. ID 16-1271 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple title to a 1.253 acre tract of land situated in the J.S Collard Survey, Abstract No. 297, City of Denton, Denton County, Texas, and of the Real Property Records of Denton County, Texas ("Property Interests"), for the public use of, expansion, construction, maintenance, and operation of an electric transmission lines, ancillary facilities and structures; authorizing the City Manager, acting City Manager, or his designee, to make initial and final offers to execute a contract of sale, between the City of Denton, Texas ("City"), as buyer, and Pensco Trust Company Custodian FBO Randall D. Smith Roth IRA, Bonnie Brae Malone County, Inc., Trustee of the COTI Property Trust, and Edward F. Wolski, et. al. ("Owner"), as seller, to acquire fee title to the Property Interests for the total purchase price of $166,859.00, and other consideration; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. [North Lakes to Denton North TM Line]
6. ITEMS FOR INDIVIDUAL CONSIDERATION
7. PUBLIC HEARINGS
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