City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, March 20, 2018 1:30 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, March 20, 2018 at 1:30 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 March 20, 2018. 3. Citizen Comments on Ethics Related Work Session Report Items 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. 4. Work Session Reports A. ID 18-427 Receive a report, hold a discussion, and give staff direction regarding the City’s Delinquent Tax Collection Contract. Attachments: Exhibit 1 - Agenda Information Sheet - Delinquent Tax.docx Exhibit 2 - Ordinance 2016-191.pdf Exhibit 3 - Delinquent Tax Collection Presentation.pdf B. ID 18-434 Receive a report, hold a discussion, and provide direction concerning a Management Study for Water, Wastewater, and Denton Municipal Electric. Attachments: Exhibit 1 AIS Management study 032018.pdf Exhibit 2 Statement of Work Specifications Exhibit 3 Presentation C. ID 18-461 Receive a report, hold a discussion, and give staff guidance on a proposed amendment to the Denton Development Code to remove a limitation on the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts. Page 1 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - EC-I Permitted Uses Exhibit 3 - EC-C Permitted Uses Exhibit 4 - EC-I Affected Properties Zoning Map Exhibit 5 - EC-I Affected Properties Location Map Exhibit 6 - EC-C Affected Properties Zoning Map Exhibit 7 - EC-C Affected Properties Location Map Exhibit 8 - Presentation D. ID 18-406 Receive a report, hold a discussion, and give staff direction regarding a draft ethics ordinance from attorney Alan Bojorquez. Attachments: Exhibit 1 - Ethics AIS Work Session.pdf Exhibit 2- Ethics Ordinance Draft B.pdf Exhibit 3- Ethics Ordinance Draft B redline.pdf Exhibit 4- Public Comment.pdf Exhibit 5- Response to Public Comment.pdf Exhibit 6 - Presentation.pdf NOTE: 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. 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 18-375 New Horizons Senior Band 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. Page 2 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 A. ID 18-480 Christopher Klabunde regarding a statement of concern regarding Storrie Parachute Works, Inc. 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 – T). 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 – T 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 18-279 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the City of Haltom City, Texas, under Chapter 791 of the Texas 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 6710- Interlocal Cooperation Agreement with the City of Haltom City). Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Interlocal Cooperation Agreement.pdf Exhibit 3 - Ordinance.pdf B. ID 18-317 Consider approval of the minutes of February 5, February 6, February 13, February 15, February 20, and February 27, 2018. Attachments: Exhibit 1 February 5, 2018 Minutes Exhibit 2 February 6, 2018 Minutes Exhibit 3 February 13, 2018 Minutes Exhibit 4 February 15, 2018 Minutes Exhibit 5 February 20, 2018 Minutes Exhibit 6 February 27, 2018 Minutes C. ID 18-323 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Keep Denton Beautiful, Inc. for the sponsorship of the Great American Cleanup, Denton Redbud Festival, Community Tree Giveaway, Page 3 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 Neighborhood Beautification Grants, Environmental Education Grants, and Mural Art Initiative; providing for the expenditure of funds therefor; and providing for an effective date. ($11,500) The Public Utilities Board recommends approval (6-1). Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Resolution R2017-050.pdf Exhibit 3 - Ordinance.pdf Exhibit 4 - Sponsorship Application .pdf D. ID 18-338 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement (LPAFA) for a Congestion Mitigation and Air Quality (CMAQ) Improvement Project (construction of sidewalks for the Wilson and Pecan Creek Elementary School areas) with the Texas Department of Transportation (TxDOT) for receiving federal and state funding of $401,623, with a local match of $100,284, for a total project cost of $501,907; authorizing the expenditure of funds; and providing an effective date. Attachments: Exhibit 1-AIS Exhibit 2- Location Map Exhibit 3 Ordinance and Agreement E. ID 18-340 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of sidewalks for the Ginnings and Lee Elementary School areas) with the Texas Department of Transportation for receiving federal funding of $762,311 and state funding of $54,029 with a local match of $190,577 for a total project cost of $1,006,917; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1-AIS Exhibit 2-Location Map Exhibit 3- Ordinance and Agreement F. ID 18-341 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of multi-use sidepath on Sycamore Street and bike lanes on Welch Street) with the Texas Department of Transportation for receiving federal funding of $762,508 and state funding of $36,491 with a local match of $190,627 for a total project cost of $989,626; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1-AIS Exhibit 2-Location Map Exhibit 3 Ordinance and Agreement G. ID 18-393 Consider approval of a resolution allowing Mi Casita to sell alcoholic beverages for the Cinco de Mayo Festival, on Saturday, May 5, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in Page 4 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Resolution and Contract.pdf Exhibit 3 Letter of Request.pdf H. ID 18-395 Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Cinco De Mayo Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Saturday, May 5, 2018, at Quakertown Park; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba from 10 a.m. until 10 p.m.; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Ordinance.pdf Exhibit 3 Letter of Request.pdf I. ID 18-396 Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $15,200 of in-kind services and resources for the Denton Cinco de Mayo Festival on Saturday, May 5, 2018, at Quakertown Park; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Ordinance.pdf Exhibit 3 Sponsorship Agreement.pdf Exhibit 4 Letter of Request.pdf J. ID 18-398 Consider approval of a resolution allowing Profest, Inc. to sell alcoholic beverages for the Denton Arts & Jazz Festival, Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Resolution and Contract.pdf Exhibit 3 Letter of Request.pdf K. ID 18-399 Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Arts & Jazz Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Friday, April 27, and Saturday, April 28, from 10 p.m. to midnight; and Sunday, April 29, 2018, from 11 a.m. to 10 p.m. at Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Ordinance.pdf Exhibit 3 Letter of Request.pdf L. ID 18-400 Consider adoption of an ordinance of the City of Denton, Texas approving a City Page 5 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 sponsorship in an amount not to exceed $165,000 of in-kind services and resources for the Denton Arts & Jazz Festival on Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Ordinance.pdf Exhibit 3 Sponsorship Agreement.pdf Exhibit 4 Letter of Request.pdf M. ID 18-401 Consider adoption of an ordinance of the City of Denton, Texas, granting The Village Church Denton, pursuant to Section 17-20 of the Code of Ordinances, a noise exception on Sunday, April 8, 2018, from 10 a.m. until 4 p.m. at North Lakes Park; granting a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Ordinance.pdf Exhibit 3 Letter of Request.pdf N. ID 18-402 Consider adoption of an ordinance of the City of Denton, Texas granting the Thin Line Film Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Wednesday, April 18, through Sunday, April 22, 2018; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba and a variance in hours of operation each day from noon until 11 p.m. on the Denton County Courthouse lawn; and providing for an effective date. Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Ordinance.pdf Exhibit 3 Letter of Request.pdf O. ID 18-411 Consider adoption of an ordinance creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the Planning and Zoning Commission members as members of the Capital Improvements Advisory Committee; providing for the appointment of one additional ad hoc member the Capital Improvements Advisory Committee from the Extraterritorial Jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the Capital Improvements Advisory Committee to follow in performing out its duties; and providing for an effective date. Attachments: Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance P. ID 18-413 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of this First Amendment to a contract with Graham Associates, Inc., for engineering services relating to Bonnie Brae Phase 5 Improvements from North of Scripture to Highway 380; providing for the expenditure of funds therefor; and providing an effective date (File 5330 - providing for an additional expenditure amount of $271,813.08, for a total contract amount of $1,103,009.58). Page 6 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 Attachments: Exhibit 1 - CC Agenda Information Sheet.pdf Exhibit 2 - Original Contract.pdf Exhibit 3 - Amendment No. 1.pdf Exhibit 4 - Ordinance.pdf Q. ID 18-414 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of the First Amendment to a contract with Graham Associates, Inc., for engineering services relating to Bonnie Brae Phase 4 Improvements from IH 35E to north of Scripture Road; providing for the expenditure of funds therefor; and providing an effective date (File 6285 - providing for an additional expenditure amount of $303,960.25, for a total contract amount of $1,204,216.50). Attachments: Exhibit 1 - CC Agenda Information Sheet.pdf Exhibit 2 - Original Contract.pdf Exhibit 3 - Amendment No. 1.pdf Exhibit 4 - Ordinance.pdf R. ID 18-417 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperation Agreement with the University of North Texas under Chapter 791 of the Texas Government Code, to authorize the City of Denton to participate in a project to develop a strategic staffing plan which will assess the current staffing levels within the patrol and communications divisions and making projections and recommendations for staffing needs over the next five years; authorizing the expenditure of funds therefor; and declaring an effective date (File 6741-Interlocal Cooperation Agreement with the University of North Texas in the amount of $21,505). Attachments: Exhibit 1 - CC Agenda Information Sheet Exhibit 2 - Interlocal Cooperation Agreement - UNT.pdf Exhibit 3 - Ordinance.pdf S. ID 18-424 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Friends with Benefits for the purpose of expenses for outings for the children at Cumberland Children’s Home; providing for the expenditure of funds therefor; and providing for an effective date. ($160) Attachments: Exhibit 1 - Agenda Information Sheet - Friends with Benefits.docx Exhibit 2 - Ordinance Friends with Benefits.pdf Exhibit 3 - Agreement Friends with Benefits.pdf T. ID 18-429 Consider adoption of an ordinance of the City of Denton approving a tariff authorizing an annual Rate Review Mechanism (“RRM”) as a substitution for the annual interim rate adjustment process defined by Section 104.301 of the Texas Utilities Code, and as negotiated between Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”) and the Steering Committee of Cities served by Atmos; requiring the company to reimburse Cities’ reasonable ratemaking expenses; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the Page 7 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 open meetings act; declaring an effective date; and requiring delivery of this ordinance to the company and legal counsel for the Steering Committee. Attachments: Exhibit 1 - AIS - Atmos RRM 2018.docx Exhibit 2 - Atmos Rate Review Ordinance.pdf Exhibit 3 - Mid-Tex RRM Tariff.pdf 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 18-148 Consider approval of a resolution replacing the current City of Denton Policy for Tax Abatement and Incentives to establish guidelines and criteria governing tax abatement agreements and other types of incentive agreements. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - Revised Policy for Tax Abatement and Incenties Exhibit 4 - Incentive Policy Revision Summary Exhibit 5 - Presentation B. ID 18-329 Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a primary representative to the Denton County Transportation Authority Board of Directors and consider nominations for an alternate representative to the Denton County Transportation Board of Directors; and providing an effective date. Attachments: Exhibit 1 AIS DCTA Board Representative Exhibit 2 - DCTA November 14, 2017 Letter Exhibit 3 - Ordinance 2011-048 Exhibit 4 - DCTA By Laws Exhibit 5 - Resolution-DCTA Board Appointment Exhibit 6 - Power Point 6. PUBLIC HEARINGS A. ID 18-383 Hold a public hearing regarding a draft ethics ordinance from attorney Alan Bojorquez. Attachments: Exhibit 1 - Ethics AIS Public Hearing.pdf Exhibit 2- Ethics Ordinance Draft B.pdf Exhibit 3 - Presentation.pdf B. Z17-0025d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from Neighborhood Residential 2 (NR-2) district and use classification to a Regional Center Commercial Downtown (RCC-D) district and use classification on approximately 88.725 acres of land generally located south of University Drive (US 380), approximately 1,500 feet west of Interstate 35 (I-35), in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommended 6-0 to approve the request. A supermajority vote by Council Page 8 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 is required for approval. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Future Land Use Map Exhibit 5 - Zoning Map Exhibit 6 - Proposed Zoning Map Exhibit 7 - Comparison of Permitted Uses Exhibit 8 - Notification Map and Responses Exhibit 9 - Applicant's Project Narrative Exhibit 10 - Planning and Zoning Commission Minutes Exhibit 11 - Draft Ordinance Exhibit 12 - Staff Presentation C. DCA17-0011 Hold a public hearing and consider adoption of an ordinance regarding proposed b revisions to the Denton Development Code, specifically to repeal and replace Subchapter 17 Environmentally Sensitive Areas (ESAs), amend Subchapter 3 Procedures related to appeals, and amend Subchapter 23 Definitions by adding new and replacing definitions. The Planning and Zoning Commission voted 4-2 to approve the revisions with conditions. (DCA17-0011, Environmentally Sensitive Areas, Deborah Viera) THIS ITEM HAS BEEN POSTPONED TO THE APRIL 3, 2018 MEETING. A STAFF REPORT WILL BE PROVIDED WHEN THE ITEM IS RESCHEDULED. D. ID 18-376 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the City’s Drainage Design Criteria Manual to update it; providing a severability clause and an effective date. Attachments: Exhibit 1- AIS Exhibit 2 Summary of Amendments Exhibit 3 Listing of Comments and Responses Exhibit 4 Criteria Manual Ordinance Exhibit 5 Presentation E. ID 18-430 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the City’s Transportation Design Criteria Manual to update it; providing a severability clause and an effective date. Attachments: Exhibit 1- AIS Exhibit 2 Proposed Amendments Exhibit 3 Comments and Responses Received Exhibit 4 Ordinance Exhibit 5 Presentation F. ID 18-386 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton’s Page 9 Printed on 3/20/2018 City Council Meeting Agenda March 20, 2018 Parks and Recreation Department pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Ordinance.pdf Exhibit 3 2018-19 Standards of Care.pdf 7. 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 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 10 Printed on 3/20/2018