AGENDA
CITY OF DENTON CITY COUNCIL
June 18, 2013


After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 18, 2013 at 3:00 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:

WORK SESSION

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1. Citizen Comments on Consent Agenda Items

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.

2. Requests for clarification of agenda items listed on the agenda for June 18, 2013.

3. Receive a report, hold a discussion, and give staff direction regarding the acceptance of competitive proposals and awarding a public works contract for the construction of the Linda McNatt Animal Care and Adoption Center.

4. Receive a report, hold a discussion and give staff direction regarding City Council committee nominations.

5. Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2013-14 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast.

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.

1. Closed Meeting:

A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.

1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M. Yoachum Survey, Abstract No. 1442, City of Denton, Denton County, Texas (located generally along the 200 block of Mockingbird Lane). Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition of the real property described above 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.

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.

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:



1. PLEDGE OF ALLEGIANCE

A. U.S. Flag

B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible."

2. PROCLAMATIONS/PRESENTATIONS

A. Proclamations/Awards

3. CITIZEN REPORTS

4. CONSENT AGENDA

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 - L). 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 - L 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.

A. Consider approval of the minutes of: May 6, 2013 May 7, 2013 May 14, 2013 May 21, 2013

B. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a First Amendment to an Airport Lease Agreement as approved by Ordinance 2012-236 on September 18, 2012 between the City of Denton, Texas and HTA Aviation for the property located at 4910 Lockheed, Denton Enterprise Airport; and, providing an effective date.

C. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton a Three-Way Agreement between the City of Denton, Atmos Energy Corporation and DCG Construction, LLC for the installation of a natural gas distribution line at Denton Enterprise Airport, said gas line to be owned, operated and maintained by Atmos Energy Corporation; and providing an effective date.

D. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network (Contract #416-12) for Uniform Purchase or Rental for City employees; and providing an effective date (File 4584-Employee Uniform Purchase or Rental awarded to G&K Services in the annual estimated amount of $400,000 for a three (3) year not-to-exceed amount of $1,200,000).

E. Consider adoption of an ordinance to the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement between the City of Denton and Weaver and Tidwell, L.L.P. for Independent Audits; authorizing the expenditure of funds; and providing an effective date (File 5259-Audit Services awarded to Weaver and Tidwell, L.L.P. in the not-to-exceed amount of $140,000 for 2013, $142,500 for 2014 and $145,000 for 2015 for a total award not-to-exceed $427,500).

F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with Sawko & Burroughs, LLP, for professional services related to collection of delinquent taxes on behalf of the City of Denton; and establishing an effective date.

G. Consider adoption of an ordinance by the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the Utility Bill Printing and Mailing Services contract with Ancor Information Management LLC, dba Utilitec, providing for a one (1) year contract extension with two (2) one-year optional extensions in the not-to-exceed amount of $350,000/year; providing for the expenditure of funds therefor and providing an effective date (Bid 4246-First Amendment to Contract for Utility Bill Printing and Mailing Services in the annual amount not-to-exceed $350,000 for a three (3) year not-to-exceed total of $1,050,000). The Public Utilities Board recommends approval (6-0).

H. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the Purchase of Twelve (12) Vehicles for the City of Denton Water, Wastewater and Electric Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5183-awarded to James Wood Auto Park in the amount of $324,701.55).  The Public Utilities Board recommends approval (6-0).

I. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the Design and Installation of Structured Communications Cabling for various City of Denton Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 5217-awarded to T-Datacom, Inc. in the annual estimated amount of $84,000 for a three (3) year total not-to-exceed $252,000).

J. Consider adoption of an ordinance amending Ordinance No. 2006-331 to decrease the adoption fees for dogs and cats and to allow for adoption subsidy donations to reduce the adoption fees in special circumstances for specific animals at the discretion of the Animal Services Supervisor pursuant to Chapter 6 of the Code of Ordinances of the City of Denton, Texas; providing that a schedule of fees shall be maintained on file in the office of the City Secretary; a severability clause; providing a savings clause; and providing an effective date.

K. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Arlington, Texas under Section 271.102 of the Local Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5282-Interlocal Agreement with the City of Arlington).

L. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a one (1) year contract with two (2) one-year options to renew, for the Legislative Management Suite Agenda Workflow Solution for the City of Denton in addition to the Government Transparency Solution and the Meeting Efficiency Suite, 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 5277 awarded to Granicus, Inc. in the not to exceed amount of $171,081).

5. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Consider appointments to Council committees.

B. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for the construction of the Linda McNatt Animal Care and Adoption Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 5253-awarded to Schmoldt Construction, Inc. in the amount of $4,280,072).

6. PUBLIC HEARINGS

A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from Existing Land Use Future Land Use Designation to Community Mixed Use Centers Future Land Use Designation on approximately 42.611 acres of land. The subject property is generally located west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380) within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (CA13-0001; Denton Bible Church)  The Planning and Zoning Commission recommends approval (5-0).

B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on approximately 58.289 acres.  The subject property is generally located east and west of Nottingham Drive, north of Mingo Road, and south of University Drive (US 380); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z13-0001, Denton Bible Church) The Planning and Zoning Commission recommends approval (5-0).

7. CITIZEN REPORTS

8. CONCLUDING ITEMS

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 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 ___________________, 2013 at ________o'clock (a.m.) (p.m.)

______________________________
CITY SECRETARY

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.