City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, February 20, 2018 12:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, February 20, 2018 at 12:00 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: 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 February 20, 2018. The City Council has agreed to suspend the Rules of Procedure for citizen comment on Work Session Report Items related to an ethics ordinance. This section of the agenda allows citizens to speak on Work Session Report Items related to an ethics ordinance only. Each speaker will be given a total of three (3) minutes to address any item related to an ethics ordinance he/she wishes that are listed on the Work Session Report. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 3. Citizen Comments on Ethics Related Work Session Report Items 4. Work Session Reports A. ID 18-301 Receive final reports from the Lynn, Ross, and Gannaway, LLP law firm and the BKD, LLP accounting firm, regarding the Council-initiated completion of an investigation of the Denton Parks Foundation, as originally initiated by the City’s Internal Auditor, prior to his resignation and departure. The Council reserves the right to provide general direction to City staff regarding next steps and future funding and operations of the Parks Department. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation 2-20-18 City Council Meeting.pdf Exhibit 3 - Signed Final Report - LRG.PDF Exhibit 4 - COD_DPF Forensic Report Final.pdf B. ID 18-247 Receive a report, hold a discussion, and give staff direction regarding the development of an ethics ordinance including, but not limited to, a discussion on complaints, investigations, dismissals, hearings, and sanctions, from attorney Alan Bojorquez. Page 1 Printed on 2/19/2018 City Council Meeting Agenda February 20, 2018 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ethics Worksheet Module 4 Exhibit 3 - Outline and Schedule.pdf Exhibit 4 - Presentation C. ID 17-1682 Receive a report, hold a discussion, and give staff direction regarding the Solid Waste department’s landfill vegetative buffer and maximum landfill height proposed in permit amendment. Attachments: Exhibit 1 Buffer Zone AIS.docx Exhibit 2 Landfill Height & Buffer - Council.pdf 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. ID 18-273 Deliberations regarding a Personnel Matter - Under Texas Government Code, Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures and contract of the Municipal Judge. 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. ID 18-243 Texas Music Friendly Community Page 2 Printed on 2/19/2018 City Council Meeting Agenda February 20, 2018 B. ID 18-263 IHOP’S National Pancake Day and Shriners Hospitals For Children Day C. ID 18-264 American Heart Month D. ID 18-303 Boy Scout Troop 65 Day 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of three (3) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. Such questions or discussion shall not exceed two (2) minutes. If the City Council believes a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. 1. ID 18-307 Tim Crouch regarding the Parks Foundation report. 2. ID 18-308 Tim Smith regarding the relationship between the Denton Parks Foundation and Denton Parks & Recreation Department. C. Additional Citizen Reports - This section of the agenda permits any person not registered for a citizen report to make comments regarding public business on items not listed on the agenda. This is limited to two speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) shall have filed a "Blue Card" requesting to speak during this period prior to the calling of this agenda item. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – O). 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 – O 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. ID 18-154 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and Denton Music and Arts Collaborative to enable them to continue its programs that support and encourage the creative arts in the city; authorizing the expenditure of funds; and providing for an effective date. ($400) Page 3 Printed on 2/19/2018 City Council Meeting Agenda February 20, 2018 Attachments: Exhibit 1 - Agenda Information Sheet - DMAC.docx Exhibit 2 - Ordinance-Agreement - Denton music and arts collaborative.pdf B. ID 18-161 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, providing for, authorizing, and approving the purchase of three (3) American Signal Corporation early warning sirens to supplement the sixteen (16) existing American Signal Corporation sirens currently in place at various locations throughout the City of Denton and which are essential for the safety of the citizens of Denton. Gifford Electric Inc. is the sole-source vendor for the distribution and maintenance of the American Signal Corporation siren products. Therefore this system is available from only one source and in accordance with Texas Local Government Code 252.022, provides that procurement of commodities and services that are available from one source are exempt from competitive bidding; and if over $50,000 shall be awarded by the governing body; 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 6657 awarded to Gifford Electric Inc. in the not-to-exceed amount of $94,992). Attachments: Exhibit 1-Agenda Information Sheet Exhibit 2-Sole Distributor Memo.pdf Exhibit 3-Staff Memo.pdf Exhibit 4 - Contract.pdf Exhibit 5- Ordinance.pdf C. ID 18-224 Consider approval of a resolution of the City Council of the City of Denton, Texas, establishing criteria for the City to disburse funds from the Economic Development Sponsorship Program; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution D. ID 18-228 Consider approval of the minutes of January 5, January 9, January 16, and January 27, 2018. Attachments: Exhibit 1 January 5, 2018 Minutes Exhibit 2 January 9, 2018 Minutes Exhibit 3 January 16, 2018 Minutes Exhibit 4 January 27, 2018 minutes E. ID 18-233 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale by and between James L. Richards and Michelle Marie Sellers Richards (Collectively “Seller”) and the City of Denton, Texas (“Buyer”), regarding the sale and purchase of an approximate 0.320 acre tract, more or less, as more fully described in that deed recorded in Volume 5223, Page 477 of the Deed Records of the Denton County, Texas (The “Property”), for the purchase price of one hundred sixty thousand and no/100 dollars ($160,000.00), and other consideration, as prescribed in the contract of sale; authorizing the expenditure of Page 4 Printed on 2/19/2018 City Council Meeting Agenda February 20, 2018 funds therefor; and providing an effective date. (700 Audra - Mack Park Assemblage) Attachments: Exhibit 1 AIS.pdf Exhibit 2 Ordinance.pdf Exhibit 3 Audra Site Map.pdf Exhibit 4 Audra Location Map.pdf Exhibit 5 Mack Park Expansion Map.pdf F. ID 18-244 Consider approval of a resolution of the City Council of the City of Denton, Texas, approving the 2017 Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date. Attachments: Exhibit 1 - AIS Exhibit 2 Resolution and Form 50-806 Exhibit 3 - 2017 Annual Report G. ID 18-253 Consider approval of a resolution of the City Council of the City of Denton, Texas, approving the 2017 Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Annual Report; and declaring an effective date. Attachments: Exhibit 1 AIS TIRZ 2 2017 Annual Report .pdf Exhibit 2 Resolution Exhibit 3 2017 TIRZ 2 Annual Report.pdf Exhibit 4 TIRZ Form 50-806 2017.pdf H. ID 18-254 Consider approval of a Resolution by the City of Denton, Texas, approving the grant application for “Rifle Grade Protection” project for fiscal year 2018 to the Office of the Governor; authorizing the City Manager or his agents official authority over this project; declaring an effective date; and requiring delivery of the Resolution to the Office of the Governor; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution.pdf I. ID 18-257 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Children’s Advocacy Center for Denton County, Incorporated for providing aid to the City of Denton Police Department in the investigation of child abuse cases; providing client and clinical services to victims of child abuse and non-offending family members; providing for the expenditure of funds in the amount of $144,897; therefor; and providing for an effective date. Attachments: Exhibit 1 - AIS - CACDC 2017-18 Exhibit 2 - Ordinance CACDC Agreement Exhibit 3 - 2017-18 CACDC Service Agreement J. ID 18-281 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) Pierce Velocity Pumper Engine and associated equipment for the City of Denton Fire Page 5 Printed on 2/19/2018 City Council Meeting Agenda February 20, 2018 Department; and providing an effective date (File 6740 - awarded to Siddons-Martin Emergency Group in the amount of $919,864). Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2- Buyboard Quote.pdf Exhibit 3- Sole Source Letter.pdf Exhibit 4- Department Memo.pdf Exhibit 5 - Ordinance.pdf K. ID 18-285 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the expenditure of funds for payment by the City to Texas Commission of Environmental Quality for waste disposal fees; and providing an effective date (File 6737- Waste Disposal Fee in the total amount of $280,000). The Public Utilities Board recommends approval (6-0). Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - 30 TAC 330.675.pdf Exhibit 3 - 30 TAC 330.673.pdf Exhibit 4 - Ordinance.pdf L. ID 18-287 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, accepting competitive bids and awarding a contract for the supply of Phase Over Phase 138kV Pole Mounted Gang Operated Air Break (“GOAB”) Switches 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 6628-awarded to the lowest responsible bidder meeting specification, Southern States LLC in c/o Preferred Sales Agency, in the three (3) year not-to-exceed amount of $420,000). Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Pricing Tabulation Exhibit 3- Contract.pdf Exhibit 4 - Ordinance.pdf M. ID 18-288 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a Professional Services Agreement with Gee Consultants, Inc., a Texas Corporation, for construction materials testing services as set forth in the agreement, and providing an effective date (RFQ 6589- Professional Services Agreement for construction materials testing awarded to Gee Consultants, Inc. in the not-to-exceed amount of $750,000). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet.pdf Exhibit 3 - Contract.pdf Exhibit 4- Ordinance N. ID 18-295 Consider approval of a resolution of the City of Denton, Texas evidencing support for the proposed new construction of Palladium Teasley Apartments in Denton; and authorizing Page 6 Printed on 2/19/2018 City Council Meeting Agenda February 20, 2018 such other actions necessary or convenient to carry out this resolution. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Palladium Teasley Exhibit 3 Palladium Resolution.pdf O. ID 18-302 Consider approval of a resolution authorizing election day polling locations for the City Council election to be held on May 5, 2018. Attachments: Exhibit 1 AIS Exhibit 2 Resolution Exhibit 3 City Council Voter District Locations 5. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 18-277 Consider adoption of an ordinance of the City of Denton, Texas authorizing a pilot bicycle share permit program; establishing the rules and regulations for the pilot bicycle program and the provisions for enforcement thereof; establishing a fee schedule for the permit program; proving a penalty clause; providing a severability clause; and declaring an effective date. Attachments: Exhibit 1 - AIS for Pilot Bicycle Share Permit Program.docx Exhibit 2 - Bike Share Presentation.pdf Exhibit 3 - Bike Share Ordinance .pdf B. ID 18-292 Consider adoption of an ordinance of the City Council of the City of Denton, a Texas home-rule municipal corporation, providing for, authorizing, and approving the execution by the City Manager, or his designee, of Pipeline Transportation Agreement between the City of Denton and Atmos Pipeline - Texas, a division of Atmos Energy Corporation, a Texas and Virginia Corporation; allowing the public to inspect the contract as redacted; providing an effective date. The Public Utilities Board recommends approval (6-0). (File 6743) Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Atmos Agreement.pdf Exhibit 3 - Presentation.pdf Exhibit 4 - Ordinance.pdf 7. PUBLIC HEARINGS A. Z17-0003b Hold a public hearing and consider adoption of an ordinance to rezone approximately 11.42 acres from a Community Mixed Use General (CM-G) District to a Neighborhood Residential Mixed-Use (NRMU) District. The property is generally located on the east side of Sam Bass Boulevard and north of Londonderry Lane in the City of Denton, Denton County, Texas. (Z17-0003b, Coventry II Apartments, Hayley Zagurski). Page 7 Printed on 2/19/2018 City Council Meeting Agenda February 20, 2018 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Aerial Map Exhibit 4 - Zoning Map Exhibit 5 - Future Land Use Map Exhibit 6 - Proposed Zoning Map Exhibit 7 - Comparison of Permitted Uses Exhibit 8 - Notification Map and Responses Exhibit 9 - Presentation Slides Exhibit 10 - Draft Planning and Zoning Commission Meeting Minutes Exhibit 11 - Draft Ordinance B. S17-0011b Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow for a multi-family residential use on 10.68 acres of land. The property is generally located on the east side of Sam Bass Boulevard and north of Londonderry Lane in the City of Denton, Denton County, Texas. (S17-0011b, Coventry II Apartments, Hayley Zagurski). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Aerial Map Exhibit 4 - Zoning Map Exhibit 5 - Future Land Use Map Exhibit 6 - Conceptual Site Plan Exhibit 7 - Notification Map and Responses Exhibit 8 - Presentation Slides Exhibit 9 - Draft Planning and Zoning Commission Meeting Minutes Exhibit 10 - Draft Ordinance C. DCA18-0001 Hold a public hearing and consider adoption of an ordinance regarding a proposed a revision to the Denton Development Code; specifically to amend the limitations in Subchapter 5 Zoning Districts and Limitations related to mixed-use development requirements for multi-family uses. (DCA18-0001a, Mixed Use Code Update, Hayley Zagurski). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Subchapter 5 Zoning Districts and Limitations (Redline) Exhibit 4 - Presentation Slides Exhibit 5 - Draft Planning and Zoning Commission Meeting Minutes Exhibit 6 - Draft Ordinance 8. CONCLUDING ITEMS Page 8 Printed on 2/19/2018 City Council Meeting Agenda February 20, 2018 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. CERTIFICATE 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 ___________________, 2018 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE 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. Page 9 Printed on 2/19/2018