4. Work Session Reports
1. Closed Meeting:
A. ID 18-108 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from the City's attorneys, both in-house attorneys and retained outside employment attorneys, and discuss legal matters, deliberate, and provide the City's attorneys with direction regarding and related to Cause No. DC-17-08139 styled "Michael Grim and Jim Maynard vs. City of Denton, Texas" pending in the 68th Judicial District Court, Dallas County, Texas; 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 both the present lawsuit or potential administrative proceedings or lawsuits.
B. ID 18-220 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with the City's attorneys regarding status and legal issues associated with an engagement to complete an audit and investigation previously initiated by the City's former Internal Auditor, and legal analysis relating to preliminary findings associated with said audit and investigation, where a public discussion associated with 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. ID 18-248 Consultation with Attorneys - Under Texas Government Code Section 551.07. Discuss, deliberate, and receive information from the City's attorneys and provide the City's attorneys with direction regarding legal issues associated with both the lease and use of 1001 S. Mayhill Rd., Buildings 101 and 102, and 1301 S. Mayhill Rd., Denton, Denton County, Texas and the Council's action on December 5, 2017 under Ordinance No. 2017-385 where a public discussion of these legal matters 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.
4. CONSENT AGENDA
A. ID 18-023 Consider approval of the minutes of November 7, November 14, November 20, December 4, December 5, December 12, and December 19, 2017.
B. ID 18-049 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement for landscape design services relating to the Mayhill Road Widening project including landscape design for the length of Mayhill Road as well as improvements to an open space area for pedestrian use to be located near the intersection of Mayhill Road and Spencer Road; providing for the expenditure of funds therefor; and providing an effective date (File 6676 awarded to Freese and Nichols, Inc. in the not-to-exceed amount of $107,900).
C. ID 18-071 Consider adoption of an ordinance of the City of Denton authorizing the closure of a segment of McCormick Street from Underwood Street to Avenue A for the construction of Fire Station 3. The Traffic Safety Commission recommends approval (6-0).
D. ID 18-082 Consider adoption of an ordinance of the City of Denton approving an easement and right of way agreement granting an 0.857 acre easement to Oncor Electric Delivery Company, LC, located in the Moreau Forrest Survey, Abstract, No. 417, in Denton County, Texas for the purchase price of forty-nine thousand six hundred thirty dollars and NO/100 ($49,630.00) and providing a severability clause and an effective date. [Arco Substation] The Public Utilities Board recommends 6-0.
E. ID 18-091 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services and declaring an effective date.
F. ID 18-098 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $5,080 of in-kind services and resources for the 33rd Annual Texas Storytelling Festival to be held in the Civic Center located at 321 E. McKinney St., beginning Thursday, March 8 through Sunday, March 11, 2018; and providing an effective date.
G. ID 18-102 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date.
H. ID 18-153 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton County Friends of the Family for the purpose of expenses for An Evening of Raised Awareness with Dr. Yamma Brown; providing for the expenditure of funds therefor; and providing for an effective date. ($650)
I. ID 18-157 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for services to perform a JD Edwards (JDE) software application and tools upgrade from version 9.1 to 9.2; providing for the expenditure of funds therefor; and providing an effective date (RFP 6592-awarded to Grant Thornton LLP in the not-to-exceed amount of $185,000).
J. ID 18-158 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract for the purchase of one (1) John Deere model 544K Wheel Loader for the City of Denton Streets Department as awarded by Buy Board Cooperative Purchasing Network Contract# 515-16; providing for the expenditure of funds therefor; and providing an effective date (File 6707-awarded to RDO Equipment Company in the not-to-exceed amount of $152,969.41).
K. ID 18-159 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program for the acquisition of two (2) new and two (2) reconditioned and remounted Frazer Type I ambulances for the City of Denton Fire Department; and providing an effective date (File 6705-awarded to Mac Haik Dodge Chrysler Jeep in the not-to-exceed amount of $691,554).
L. ID 18-160 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the supply of Utility Polymer Insulators for Denton Municipal Electric to be stocked in the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6550-awarded to the lowest responsible bidder meeting specification, Wesco Distribution, Inc. in the three (3) year not-to-exceed amount of $821,280).
M. ID 18-162 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payment by the City of Denton for the annual Lake Ray Roberts and Lake Lewisville Operation and Maintenance fees to the United States Army Corp of Engineers for the City's share of the operating and maintenance expenditures; and providing an effective date (File 6706-United States Army Corp of Engineers Operation and Maintenance Fees in the amount not-to-exceed $170,000).
O. ID 18-246 Consider adoption of an ordinance of the City of Denton, Texas amending Section 33-2 Of The Code of Ordinances to revising the definition of "Sign;" amending Section 22-29 of the Code of Ordinances to delegate the approval of signs under certain circumstances to the City Manager; ratifying the execution of 2018 Facility Utilization Agreements, including an amendment thereto related to the regulation of signs; providing a severability clause; providing a penalty cause; and declaring an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
D. ID 18-107 Consider adoption of an ordinance authorizing the amended engagement of the law firm of Lynn, Ross and Gannaway, LLP, and the BKD, LLP accounting firm, to complete a previously initiated audit and investigation, pursuant to the terms of the attached revised contract for professional services; and further amending the previously authorized expenditure of budgeted funds for this engagement, in an amended amount for past and anticipated professional fees and expenses, not to exceed the aggregate and inclusive amount of $115,000; repealing, superseding, and replacing in its entirety Ordinance 2017-368; and providing an effective date.
6. PUBLIC HEARINGS
C. DCA17-0009a Hold a public hearing and consider an ordinance regarding repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8, adding Section 35.3.15, adding definitions to Section 35.23.2 and making changes to Section 35.4.3. of the Denton Development Code. (DCA17-0009, Historic Preservation Code Amendments, Roman McAllen) THIS ITEM HAS BEEN WITHDRAWN BY STAFF AND WILL BE BROUGHT BACK IN CONJUNCTION WITH THE DENTON DEVELOPMENT CODE UPDATE.
D. S17-0009c Hold a public hearing and consider a request by Rayzor Inv. Ltd. for a Specific Use Permit for 68.1 acres of land, specifically to allow for a multi-family residential use on approximately 32.60 acres and to allow for an outdoor recreation use on approximately 19.90 acres. The property is generally located on the south side of West Oak Street approximately 290 feet west of the Interstate Highway 35 service road in the City of Denton, Denton County, Texas. (S17-0009c, Retreat at Denton, Hayley Zagurski). THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT.
E. Z17-0016c Hold a public hearing and consider a request by Rayzor Inv. Ltd. to rezone approximately 68.1 acres from an Industrial Center Employment (IC-E) District to a Neighborhood Residential Mixed-Use (NRMU) District. The property is generally located on the south side of West Oak Street approximately 290 feet west of the Interstate Highway 35 service road in the City of Denton, Denton County, Texas. (Z17-0016c, Retreat at Denton, Hayley Zagurski). THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT.
Feb 06, 2018 City Council on 2018-02-06 12:00 PM
4. Work Session Reports
1. Closed Meeting:
A. ID 18-108 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from the City's attorneys, both in-house attorneys and retained outside employment attorneys, and discuss legal matters, deliberate, and provide the City's attorneys with direction regarding and related to Cause No. DC-17-08139 styled "Michael Grim and Jim Maynard vs. City of Denton, Texas" pending in the 68th Judicial District Court, Dallas County, Texas; 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 both the present lawsuit or potential administrative proceedings or lawsuits.
B. ID 18-220 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with the City's attorneys regarding status and legal issues associated with an engagement to complete an audit and investigation previously initiated by the City's former Internal Auditor, and legal analysis relating to preliminary findings associated with said audit and investigation, where a public discussion associated with 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. ID 18-248 Consultation with Attorneys - Under Texas Government Code Section 551.07. Discuss, deliberate, and receive information from the City's attorneys and provide the City's attorneys with direction regarding legal issues associated with both the lease and use of 1001 S. Mayhill Rd., Buildings 101 and 102, and 1301 S. Mayhill Rd., Denton, Denton County, Texas and the Council's action on December 5, 2017 under Ordinance No. 2017-385 where a public discussion of these legal matters 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.
4. CONSENT AGENDA
A. ID 18-023 Consider approval of the minutes of November 7, November 14, November 20, December 4, December 5, December 12, and December 19, 2017.
B. ID 18-049 Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement for landscape design services relating to the Mayhill Road Widening project including landscape design for the length of Mayhill Road as well as improvements to an open space area for pedestrian use to be located near the intersection of Mayhill Road and Spencer Road; providing for the expenditure of funds therefor; and providing an effective date (File 6676 awarded to Freese and Nichols, Inc. in the not-to-exceed amount of $107,900).
C. ID 18-071 Consider adoption of an ordinance of the City of Denton authorizing the closure of a segment of McCormick Street from Underwood Street to Avenue A for the construction of Fire Station 3. The Traffic Safety Commission recommends approval (6-0).
D. ID 18-082 Consider adoption of an ordinance of the City of Denton approving an easement and right of way agreement granting an 0.857 acre easement to Oncor Electric Delivery Company, LC, located in the Moreau Forrest Survey, Abstract, No. 417, in Denton County, Texas for the purchase price of forty-nine thousand six hundred thirty dollars and NO/100 ($49,630.00) and providing a severability clause and an effective date. [Arco Substation] The Public Utilities Board recommends 6-0.
E. ID 18-091 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services and declaring an effective date.
F. ID 18-098 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $5,080 of in-kind services and resources for the 33rd Annual Texas Storytelling Festival to be held in the Civic Center located at 321 E. McKinney St., beginning Thursday, March 8 through Sunday, March 11, 2018; and providing an effective date.
G. ID 18-102 Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date.
H. ID 18-153 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Denton County Friends of the Family for the purpose of expenses for An Evening of Raised Awareness with Dr. Yamma Brown; providing for the expenditure of funds therefor; and providing for an effective date. ($650)
I. ID 18-157 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for services to perform a JD Edwards (JDE) software application and tools upgrade from version 9.1 to 9.2; providing for the expenditure of funds therefor; and providing an effective date (RFP 6592-awarded to Grant Thornton LLP in the not-to-exceed amount of $185,000).
J. ID 18-158 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract for the purchase of one (1) John Deere model 544K Wheel Loader for the City of Denton Streets Department as awarded by Buy Board Cooperative Purchasing Network Contract# 515-16; providing for the expenditure of funds therefor; and providing an effective date (File 6707-awarded to RDO Equipment Company in the not-to-exceed amount of $152,969.41).
K. ID 18-159 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program for the acquisition of two (2) new and two (2) reconditioned and remounted Frazer Type I ambulances for the City of Denton Fire Department; and providing an effective date (File 6705-awarded to Mac Haik Dodge Chrysler Jeep in the not-to-exceed amount of $691,554).
L. ID 18-160 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the supply of Utility Polymer Insulators for Denton Municipal Electric to be stocked in the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6550-awarded to the lowest responsible bidder meeting specification, Wesco Distribution, Inc. in the three (3) year not-to-exceed amount of $821,280).
M. ID 18-162 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payment by the City of Denton for the annual Lake Ray Roberts and Lake Lewisville Operation and Maintenance fees to the United States Army Corp of Engineers for the City's share of the operating and maintenance expenditures; and providing an effective date (File 6706-United States Army Corp of Engineers Operation and Maintenance Fees in the amount not-to-exceed $170,000).
O. ID 18-246 Consider adoption of an ordinance of the City of Denton, Texas amending Section 33-2 Of The Code of Ordinances to revising the definition of "Sign;" amending Section 22-29 of the Code of Ordinances to delegate the approval of signs under certain circumstances to the City Manager; ratifying the execution of 2018 Facility Utilization Agreements, including an amendment thereto related to the regulation of signs; providing a severability clause; providing a penalty cause; and declaring an effective date.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
D. ID 18-107 Consider adoption of an ordinance authorizing the amended engagement of the law firm of Lynn, Ross and Gannaway, LLP, and the BKD, LLP accounting firm, to complete a previously initiated audit and investigation, pursuant to the terms of the attached revised contract for professional services; and further amending the previously authorized expenditure of budgeted funds for this engagement, in an amended amount for past and anticipated professional fees and expenses, not to exceed the aggregate and inclusive amount of $115,000; repealing, superseding, and replacing in its entirety Ordinance 2017-368; and providing an effective date.
6. PUBLIC HEARINGS
C. DCA17-0009a Hold a public hearing and consider an ordinance regarding repealing and replacing Section 35.7.6, repealing Sections 35.7.7 and 35.7.8, adding Section 35.3.15, adding definitions to Section 35.23.2 and making changes to Section 35.4.3. of the Denton Development Code. (DCA17-0009, Historic Preservation Code Amendments, Roman McAllen) THIS ITEM HAS BEEN WITHDRAWN BY STAFF AND WILL BE BROUGHT BACK IN CONJUNCTION WITH THE DENTON DEVELOPMENT CODE UPDATE.
D. S17-0009c Hold a public hearing and consider a request by Rayzor Inv. Ltd. for a Specific Use Permit for 68.1 acres of land, specifically to allow for a multi-family residential use on approximately 32.60 acres and to allow for an outdoor recreation use on approximately 19.90 acres. The property is generally located on the south side of West Oak Street approximately 290 feet west of the Interstate Highway 35 service road in the City of Denton, Denton County, Texas. (S17-0009c, Retreat at Denton, Hayley Zagurski). THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT.
E. Z17-0016c Hold a public hearing and consider a request by Rayzor Inv. Ltd. to rezone approximately 68.1 acres from an Industrial Center Employment (IC-E) District to a Neighborhood Residential Mixed-Use (NRMU) District. The property is generally located on the south side of West Oak Street approximately 290 feet west of the Interstate Highway 35 service road in the City of Denton, Denton County, Texas. (Z17-0016c, Retreat at Denton, Hayley Zagurski). THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT.
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