City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, January 15, 2019 12:00 PM Work Session Room & Council Chambers WORK SESSION BEGINS AT 12:00 P.M. IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE 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, January 15, 2019 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: WORK SESSION 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 January 15, 2019. 3. Work Session Reports A. ID 19-026 Receive a report, hold a discussion, and give staff direction regarding the development of the Cole Ranch and Hunter Ranch master planned communities in southwest Denton. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Map Exhibit 3 - Development Projections Exhibit 4 - MMD vs PID Exhibit 5 - Developer Presentation Exhibit 6 - Staff Presentation B. ID 19-037 Receive a report, hold a discussion, and give staff direction regarding multi-family dwelling, collegiate housing and dormitory land use classifications. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Rent by the Bedroom Developments.pdf Exhibit 3 - Presentation C. ID 19-053 Receive a report, hold a discussion, and give staff direction regarding information on current laws and policies which regulate the sale and use of electronic cigarettes, including information on age restrictions. Page 1 Printed on 1/11/2019 City Council Meeting Agenda January 15, 2019 Attachments: Exhibit 1 - AIS- Youth Tobacco and E-Cigarettes.pdf Exhibit 2 - Presentation.pdf Exhibit 3 - ISR 2018-157 Electronic Cigarette Restrictions.pdf Exhibit 4 - ISR 2018-174 Youth Tobacco Enforcement Ordinances.pdf Exhibit 5 - Texas 21 E-cigarette Fact Sheet.pdf D. ID 19-078 Receive a report from staff, hold a discussion, and give staff direction regarding the funding of a replacement Fire Technical Rescue/ Light Air Vehicle. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation E. ID 19-044 Receive a report, hold a discussion and provide staff direction regarding activities related to participation in the National Flood Insurance Program’s Community Rating System. Staff will give an overview of the City’s flood program and current classification status in the Community Rating System. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Texas NFIP and Community Rating System Exhibit 3 - Appendix F - National CRS Summary Exhibit 4 - Presentation 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 19-016 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, and discuss, deliberate and provide direction to staff regarding the future plans for, and current and future operations of, the Gibbons Creek Steam Electric Station owned by the Texas Municipal Power Agency. Consultation with the City’s attorneys regarding legal issues associated with the future plans for, and current and future operations of, the Gibbons Creek Steam Electric Station 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. (The City of Denton is a member of TMPA). B. ID 19-114 Deliberations regarding a Personnel Matter under Government Code Section 551.074 Discuss and deliberate regarding the evaluation of candidates and the appointment/employment of a Municipal Judge. Page 2 Printed on 1/11/2019 City Council Meeting Agenda January 15, 2019 C. ID 19-140 Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Consult with the City’s attorneys on legal considerations, status and strategy, in advance of a proposed mediation before the Equal Employment Opportunity Commission, relating to the pending charge of former employee Shandrian Jarvis, and to receive legal advice regarding same, where the City’s Attorneys’ duties to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with Chapter 551 of the Texas Open Meetings Act. This closed session also concerns deliberations involving a public officer or employee, under circumstances allowing closed session under section 551.074 of the Texas Open Meetings Act. 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. _________________________________________________________________________________ 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 19-089 Resolution of Appreciation for Jennifer Walters. 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 four (4) 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. If the City Council believes that 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 3 Printed on 1/11/2019 City Council Meeting Agenda January 15, 2019 C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone" section, permits any person who is not registered for a citizen report to make comments about public business items not listed on the agenda. This section is limited to two open microphone speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a "Blue Card" requesting to speak during this period, prior to the calling of this agenda item. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. 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 – I). 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 – I 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 19-010 Consider adoption of an ordinance of the City of Denton, approving in-kind services for security in an amount not to exceed $4,536 for the Women’s March on Saturday, January 19, 2019, from 9:30 a.m. to 2:00 p.m., to be held on the courthouse lawn in downtown Denton; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Event Schedule.pdf Exhibit 3 Ordinance.pdf B. ID 19-043 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 operation and maintenance fee for water storage at Lake Lewisville and Lake Ray Roberts to the U.S. Army Corps of Engineers; and providing an effective date (Water Storage O&M Fee in the total amount not to exceed $123,000). Attachments: Exhibit 1 - Agenda Information Sheet- USACE OM for Lake Ray Roberts Lewisville Lake 2019 Exhibit 2 - USACE and Denton Contract Exhibit 3 - Quarterly Financial Status Report Exhibit 4 - Ordinance Page 4 Printed on 1/11/2019 City Council Meeting Agenda January 15, 2019 C. ID 19-059 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, accepting competitive bids and awarding an annual contract for heavy equipment rental for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 6713 - awarded to the lowest responsive bidder for each line item: Berry Companies Inc. dba Bobcat of Dallas, in a total not-to-exceed amount of $50,000, Southlake Equipment Company, Inc. dba B&R Equipment Company in a total not-to-exceed amount of $100,000, Closner Equipment Co., Inc., in a total not-to-exceed amount of $115,000, Herc Rentals Inc., in a total not-to-exceed amount of $50,000, Kirby-Smith Machinery, Inc., in a total not-to-exceed amount of $150,000, RDO Equipment Co., in a total not-to-exceed amount of $275,000, ROMCO Equipment Co., LLC, in a total not-to-exceed amount of $50,000, T-K-O Equipment Co., in a total not-to-exceed amount of $150,000, United Rentals (North America), Inc., in a total not-to-exceed amount of $205,000, Zimmerer Kubota, in a total not-to-exceed amount of $50,000; in a total one (1) year, not-to-exceed amount of $1,195,000). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contracts D. ID 19-061 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the U.S. Communities Cooperative Purchasing Program Contract # 00254 for the purchase of residential refuse and recycling carts and replacement parts; providing for the expenditure of funds therefor; and providing an effective date (File 6926 - awarded to Rehrig Pacific Company, in the three (3) year not-to-exceed amount of $1,010,208). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance and Contract E. ID 19-076 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the purchase of Emergency Medical Services (EMS) patient lift equipment, and maintenance service agreement, inspection, and repair, with Stryker Sales Corporation; which is the sole provider of this equipment and service in accordance with Texas Local Government Code 252.022, which 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; and providing an effective date (File 6921 - awarded to Stryker Sales Corporation in the three (3) year not-to-exceed amount of $392,501.56). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Sole Source Letter Exhibit 3 - Ordinance and Contract F. ID 19-077 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 Page 5 Printed on 1/11/2019 City Council Meeting Agenda January 15, 2019 the Buy Board Cooperative Purchasing Network Contract Number 571-18 for the acquisition one (1) Pierce Velocity Pumper Engine; providing for the expenditure of funds therefor; and providing an effective date (File 6973 - award to Siddons-Martin Emergency Group, LLC, in the amount of $929,196.68). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Quote Exhibit 3 - Parts Estimate Exhibit 4 - Ordinance G. ID 19-084 Consider adoption of an ordinance of the City of Denton approving a City sponsorship in an amount not to exceed $500.00 to the Denton Chamber of Commerce for the 2019 Denton County Days on Monday, February 18, 2019 through Wednesday, February 20, 2019; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Ordinance Exhibit 3 - Request Letter H. ID 19-092 Consider approval of the minutes of December 3, December 4, December 11, and December 18, 2018. Attachments: Exhibit 1 - December 3, 2018 Minutes Exhibit 2 - December 4, 2018 Minutes Exhibit 3 - December 11, 2018 Minutes Exhibit 4 - December 18, 2018 Minutes I. ID 19-139 Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing an interim City Secretary; setting forth the terms of the appointment; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution 5. PUBLIC HEARINGS A. S18-0008f Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on an approximately 31-acre site, generally located on the north side of Windsor Drive, east of the I-35 N Frontage Road, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. (S18-0008, Windsor Drive Apartments). THIS PUBLIC HEARING HAS BEEN CONTINUED FROM THE DECEMBER 4, 2018 CITY COUNCIL MEETING. Page 6 Printed on 1/11/2019 City Council Meeting Agenda January 15, 2019 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 - Preliminary Site Plan Exhibit 7 - Preliminary Landscape Plan Exhibit 8 - Sample Building Elevations Exhibit 9 - Notification Map Exhibit 10 - 11.14.18 Planning and Zoning Commission Meeting Minutes Exhibit 11 - 11.28.18 Planning and Zoning Commission Meeting Minutes Exhibit 12 - Applicant Request to Continue Exhibit 13 - Developer Contact Disclosures Exhibit 14 - Presentation Exhibit 15 - Draft Ordinance B. ID 19-083 Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton, Texas designating a certain area within the City limits of Denton as Tyson Sales and Distribution Reinvestment Zone No. XIV for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-025 Consider adoption of an ordinance authorizing the Mayor to execute a tax abatement agreement with Tyson Sales and Distribution, Inc. setting forth all the required terms of the tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions to Tyson Sales and Distribution, Inc. receiving the tax abatement; providing for a severability clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Analysis Exhibit 3 - Application Exhibit 4 - Ordinance and Agreement Exhibit 5 - Response to Council Request for Information Exhibit 6 - Presentation B. ID 19-008 Consider adoption of an ordinance of the City of Denton, Texas updating impact fees by amending Chapter 26, “Utilities,” section 26-210 through section 26-232 of the City of Page 7 Printed on 1/11/2019 City Council Meeting Agenda January 15, 2019 Denton Code of Ordinances; adopting revised land use assumptions and capital improvements plans for water and wastewater impact fees; establishing new service areas for water and wastewater impact fees; establishing new maximum impact fees per service unit and impact fees to be collected; creating schedules for the assessment and collection of impact fees; repealing conflicting ordinances and resolutions; providing for a severability clause; providing for a penalty not to exceed $2,000 for each violation thereof; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance C. ID 19-013 Consider approval of a resolution accepting the visions, goals, recommendations, and implementation strategies proposed in the Oak Gateway Area Plan which covers an area generally located South of Panhandle Street, North of Interstate 35, East of Bonnie Brae Street, and West of Carroll Boulevard (“Oak Gateway Area”); and, providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Oak Gateway Area Plan Boundary Map Exhibit 3 - Sub-areas Map Exhibit 4 - Community Workshop Presentation and Install Polling Results Exhibit 5 - Community Workshop Summary of Boards and Comment Cards Exhibit 6 - Community Workshop Sign-in Sheets Exhibit 7 - Public Open House Comment Cards Exhibit 8 - Public Open House Sign-in Sheets Exhibit 9 - Draft Oak Gateway Area Plan Implementation Strategy Exhibit 10 Resolution Exhibit 11 - Presentation D. ID 19-058 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 Thalle Construction Company, Inc., for the construction of the North South Phase II 36-inch/42-inch Water Transmission Line Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 6901 - awarded to Thalle Construction Company, Inc., in the not-to-exceed amount of $7,798,807). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Project Map Exhibit 4 - Staff Presentation Exhibit 5 - Ordinance and Contract E. ID 19-127 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Airport Advisory Board, Health & Building Standards Commission, Library Board, Traffic Safety Commission, and Committee on Persons with Disabilities. Page 8 Printed on 1/11/2019 City Council Meeting Agenda January 15, 2019 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations Sheet 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 ___________________, 2019 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 1/11/2019