CLOSED MEETING BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM WORK SESSION BEGINS AT 2:00 P.M. IN THE WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION IN THE WORK SESSION ROOM
Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participing in the closed meeting, work session, and special called meeting via video/teleconference.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, March 31, 2020, at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider specific item(s) when these item(s) 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.
A. Deliberations regarding a Personnel Matter - Under Government Code, Section 551.074; and Consultation with Attorneys - Under Texas Government Code, Section 551.071 Deliberate and discuss the appointment, employment, evaluation, discipline, duties, dismissal, complaints against, and contract of the Presiding Municipal Judge; consult with the City’s attorneys regarding the legal issues associated with the above, where a public discussion of the same would conflict with the duty of the City’s attorneys to the City of Denton and the 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 negotiations 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 decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 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 Texas Government Code, Section 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 Sections 551.071-551.086 of the Texas Open Meetings Act.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, March 31, 2020, at 2:00 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:
NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council.
Following the completion of the Work Session, the City Council will convene in a Special Called Meeting to consider the following items:
A. Consider approval of a resolution of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to certify to the United States Environmental Protection Agency the City’s compliance with the risk and resilience assessments requirement of the Federal America’s Water Infrastructure Act; and, providing an effective date.
B. Consider adoption of an ordinance of the City Council of the City of Denton approving the Development Fee Grant Program; rescinding ordinance 19-390 establishing the affordable housing fee grant program; establishing the guidelines for the program and the provisions for enforcement thereof; establishing an annual budget; and providing an effective date.
C. Consider adoption of an ordinance approving a Pipeline Crossing Contract by and between the City of Denton and the Kansas City Southern Railway Company, relating to the location of a City sewer pipeline within the railroad right-of-way, located at the railroad’s intersection with Highland Park Road at Mile Post D103.02 Alliance Subdivision, within the County and City of Denton, Texas; authorizing the City Manager to execute the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.
D. Consider adoption of an ordinance approving a Pipeline Crossing Contract by and between the City of Denton and the Kansas City Southern Railway Company relating to the location of a City water pipeline within the railroad right-of-way, located at the railroad’s intersection with Highland Park Road at Mile Post D103.03 Alliance Subdivision, within the County and City of Denton, Texas; authorizing the City Manager to execute the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.
E. Consider adoption of an ordinance of the City Of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Bridgefarmer & Associates, Inc., for construction administration services for the Bonnie Brae Street Phase II (Vintage) Improvement Project as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-089 - Professional Services Agreement for construction services awarded to Bridgefarmer & Associates, Inc., in the not-to-exceed amount of $98,696).
F. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Walter P. Moore and Associates, Inc., amending the contract approved by City Council on May 7, 2019, in the not-to-exceed amount of $537,300, said first amendment to provide engineering services for the Mobility Plan in the not-to-exceed amount of $140,000; providing for the expenditure of funds therefor; and providing an effective date (File 6999 - providing for an additional first amendment expenditure amount not-to-exceed $140,000, with the total contract amount not-to-exceed $677,300).
G. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Carahsoft Technology Corporation, through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract# DIR-TSO-4288 for the purchase of various software as a Service, Products and Related Services; providing for the expenditure of funds therefor; and providing an effective date (File 7319 - awarded to Carahsoft Technology Corporation, in the five (5) year not-to-exceed amount of $400,000).
H. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Garver, LLC to perform preliminary design, permit identification, surveying, environmental, and geotechnical services for the Clear Creek Wastewater Lift Station and Forcemain as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-088 - Professional Services Agreement for design services awarded to Garver, LLC in the not-to-exceed amount of $493,685). The Public Utilities Board recommends approval (7-0).
I. Consider adoption of an ordinance of the City of Denton, a Texas municipal home-rule corporation, approving a power purchase agreement between the City and Texas Woman’s University, a Texas higher education institution; providing for the expenditure of funds; and, providing for an effective date.
J. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Rizikon, Inc., amending the contract approved by the City Manager on January 16, 2020, in the not-to-exceed amount of $56,590; said first amendment for the development of policies and procedures for the City’s Safety Program and Risk Management; providing for the expenditure of funds therefor; and providing an effective date (RFP 7199 - Providing for an additional first amendment expenditure amount not-to-exceed $77,580, with the total contract amount not-to-exceed $134,170).
K. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and SAE Towers, LTD, amending the contract approved by City Council on December 17, 2019, in the not-to-exceed amount of $1,718,905; said first amendment for the cost of additional anchor bolt cage lengths for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 7152 - providing for an additional first amendment expenditure amount not-to-exceed $340,150, with the total contract amount not-to-exceed $2,059,055).
L. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Xylem Water Solutions U.S.A., Inc., for the purchase of equipment, materials and parts for the operation and maintenance of the ultraviolet disinfection system at the Wastewater treatment plants; providing for the expenditure of funds therefor; and providing an effective date (IFB 7299 - awarded to Xylem Water Solutions U.S.A., Inc., in the five (5) year not-to-exceed amount of $550,000).
M. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Secretary or her designee to file a Catastrophe Notice with the Office of the Texas Attorney General, pursuant to Section 552.233(b) of the Government Code, to suspend the applicability of the requirements of the Public Information Act (the “PIA”) in accordance with Sections 552.233(c) and 552.233(e) of the Government Code; and providing an effective date.
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 topics, above posted.
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 27th day of March 2020 at ___________________
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
Mar 31, 2020 City Council on 2020-03-31 1:00 PM (SPECIAL CALLED)
CLOSED MEETING BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM WORK SESSION BEGINS AT 2:00 P.M. IN THE WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION IN THE WORK SESSION ROOM
Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participing in the closed meeting, work session, and special called meeting via video/teleconference.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, March 31, 2020, at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider specific item(s) when these item(s) 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.
A. Deliberations regarding a Personnel Matter - Under Government Code, Section 551.074; and Consultation with Attorneys - Under Texas Government Code, Section 551.071 Deliberate and discuss the appointment, employment, evaluation, discipline, duties, dismissal, complaints against, and contract of the Presiding Municipal Judge; consult with the City’s attorneys regarding the legal issues associated with the above, where a public discussion of the same would conflict with the duty of the City’s attorneys to the City of Denton and the 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 negotiations 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 decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 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 Texas Government Code, Section 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 Sections 551.071-551.086 of the Texas Open Meetings Act.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, March 31, 2020, at 2:00 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:
NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council.
Following the completion of the Work Session, the City Council will convene in a Special Called Meeting to consider the following items:
A. Consider approval of a resolution of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to certify to the United States Environmental Protection Agency the City’s compliance with the risk and resilience assessments requirement of the Federal America’s Water Infrastructure Act; and, providing an effective date.
B. Consider adoption of an ordinance of the City Council of the City of Denton approving the Development Fee Grant Program; rescinding ordinance 19-390 establishing the affordable housing fee grant program; establishing the guidelines for the program and the provisions for enforcement thereof; establishing an annual budget; and providing an effective date.
C. Consider adoption of an ordinance approving a Pipeline Crossing Contract by and between the City of Denton and the Kansas City Southern Railway Company, relating to the location of a City sewer pipeline within the railroad right-of-way, located at the railroad’s intersection with Highland Park Road at Mile Post D103.02 Alliance Subdivision, within the County and City of Denton, Texas; authorizing the City Manager to execute the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.
D. Consider adoption of an ordinance approving a Pipeline Crossing Contract by and between the City of Denton and the Kansas City Southern Railway Company relating to the location of a City water pipeline within the railroad right-of-way, located at the railroad’s intersection with Highland Park Road at Mile Post D103.03 Alliance Subdivision, within the County and City of Denton, Texas; authorizing the City Manager to execute the Agreement; authorizing the expenditure of funds therefore; and providing an effective date.
E. Consider adoption of an ordinance of the City Of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Bridgefarmer & Associates, Inc., for construction administration services for the Bonnie Brae Street Phase II (Vintage) Improvement Project as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-089 - Professional Services Agreement for construction services awarded to Bridgefarmer & Associates, Inc., in the not-to-exceed amount of $98,696).
F. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Walter P. Moore and Associates, Inc., amending the contract approved by City Council on May 7, 2019, in the not-to-exceed amount of $537,300, said first amendment to provide engineering services for the Mobility Plan in the not-to-exceed amount of $140,000; providing for the expenditure of funds therefor; and providing an effective date (File 6999 - providing for an additional first amendment expenditure amount not-to-exceed $140,000, with the total contract amount not-to-exceed $677,300).
G. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Carahsoft Technology Corporation, through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract# DIR-TSO-4288 for the purchase of various software as a Service, Products and Related Services; providing for the expenditure of funds therefor; and providing an effective date (File 7319 - awarded to Carahsoft Technology Corporation, in the five (5) year not-to-exceed amount of $400,000).
H. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Garver, LLC to perform preliminary design, permit identification, surveying, environmental, and geotechnical services for the Clear Creek Wastewater Lift Station and Forcemain as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-088 - Professional Services Agreement for design services awarded to Garver, LLC in the not-to-exceed amount of $493,685). The Public Utilities Board recommends approval (7-0).
I. Consider adoption of an ordinance of the City of Denton, a Texas municipal home-rule corporation, approving a power purchase agreement between the City and Texas Woman’s University, a Texas higher education institution; providing for the expenditure of funds; and, providing for an effective date.
J. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Rizikon, Inc., amending the contract approved by the City Manager on January 16, 2020, in the not-to-exceed amount of $56,590; said first amendment for the development of policies and procedures for the City’s Safety Program and Risk Management; providing for the expenditure of funds therefor; and providing an effective date (RFP 7199 - Providing for an additional first amendment expenditure amount not-to-exceed $77,580, with the total contract amount not-to-exceed $134,170).
K. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and SAE Towers, LTD, amending the contract approved by City Council on December 17, 2019, in the not-to-exceed amount of $1,718,905; said first amendment for the cost of additional anchor bolt cage lengths for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 7152 - providing for an additional first amendment expenditure amount not-to-exceed $340,150, with the total contract amount not-to-exceed $2,059,055).
L. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Xylem Water Solutions U.S.A., Inc., for the purchase of equipment, materials and parts for the operation and maintenance of the ultraviolet disinfection system at the Wastewater treatment plants; providing for the expenditure of funds therefor; and providing an effective date (IFB 7299 - awarded to Xylem Water Solutions U.S.A., Inc., in the five (5) year not-to-exceed amount of $550,000).
M. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Secretary or her designee to file a Catastrophe Notice with the Office of the Texas Attorney General, pursuant to Section 552.233(b) of the Government Code, to suspend the applicability of the requirements of the Public Information Act (the “PIA”) in accordance with Sections 552.233(c) and 552.233(e) of the Government Code; and providing an effective date.
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 topics, above posted.
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 27th day of March 2020 at ___________________
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
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