City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, February 12, 2019 11:30 AM Work Session Room WORK SESSION BEGINS AT 11:30 A.M. IN THE WORK SESSION ROOM 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 12, 2019 at 11:30 a.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 February 12, 2019. 3. Work Session Reports A. ID 19-209 Receive a report, hold a discussion, and give staff direction regarding a mid-year update on the Denton Chamber of Commerce, the Denton Convention and Visitors Bureau, and the Denton Chamber of Commerce’s Office of Economic Development. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation B. DCA18-0009 Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update and Draft Zoning Map. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Clarion's Draft Presentation.pdf Exhibit 3 - Staff Presentation.pdf C. ID 19-289 Receive a report, hold a discussion, and give staff direction regarding the Solid Waste department’s residential and commercial recycling operations. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Presentation.pdf D. ID 19-312 Receive a report, hold a discussion, and give staff direction regarding an ordinance governing the use of the City of Denton’s Right of Ways for construction purposes and the processes and procedures implementing it. Page 1 Printed on 2/12/2019 City Council Meeting Agenda February 12, 2019 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 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 19-317 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 any potential settlement, 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. Following the completion of the Closed Meeting, the City Council will convene in an Open Meeting to consider the following items: 1. 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 – J). 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 – J 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 19-034 Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to exceed $330 of in-kind services for the Tails and Trails to be held on Saturday, March 30, 2019, from 9:30 a.m. to 11:00 a.m., at the North Lakes Park; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance B. ID 19-227 Consider approval of a Resolution of the City of Denton, Texas evidencing support for Page 2 Printed on 2/12/2019 City Council Meeting Agenda February 12, 2019 the proposed new construction of Riva Denton apartments in Denton to provide affordable and market rate rental housing; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Riva-Denton City of Denton HTC Application Exhibit 3 - Resolution of Support C. ID 19-265 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 Contract Number 571-18 for the acquisition one (1) Pierce Enforcer Heavy Rescue Light and Air Truck; providing for the expenditure of funds therefor; and providing an effective date (File 6995 - awarded to Siddons-Martin Emergency Group, LLC, in the amount of $702,960.51) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Quote Exhibit 3 - Ordinance D. ID 19-287 Consider approval of a resolution of the City of Denton, Texas in support of proposed amendments to Chapter 460 of the Texas Transportation Code related to governance of Denton County Transportation Authority (DCTA); supporting legislation adopting said amendments; authorizing the Mayor, City Manager and the City Manager’s designee to represent and communicate the City’s position; and authorizing the Mayor and City Manager to sign all letters, petitions, and/or other documents on behalf of the City to promote the City’s position. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution and Proposed Legislation E. ID 19-297 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Number DIR-TSO-3965 with Johnston Technical Services, Inc., for the Motorola radio tower modifications; providing for the expenditure of funds therefor; and providing an effective date (File 6983 - awarded to Johnston Technical Services, Inc., in the not-to-exceed amount of $65,012.80). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract F. ID 19-314 Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2018-19 Budget and Annual Program of Services of the City of Denton to allow for increases to the Roadway Impact Fee Fund of $4,250,000 for the purpose of funding roadway improvements; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Ordinance.pdf G. ID 19-325 Consider adoption of an ordinance authorizing the settlement of litigation styled City of Page 3 Printed on 2/12/2019 City Council Meeting Agenda February 12, 2019 Denton, Texas v. Tommy R. Holamon and Sharlet Y. Holamon, Cause No. PR-2018-00005, currently pending in the Probate Court of Denton County, Texas, regarding the acquisition of fee and easement interests required for the Bonnie Brae Widening and Improvements project and the Hickory Creek Sanitary Sewer Interceptor - Phase II project in the total settlement amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000.00); authorizing the City Manager and City Attorney to effectuate the settlement; authorizing the expenditure of funds therefor; providing a savings clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Site Map Exhibit 4 - Ordinance H. ID 19-334 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an agreement with SCM Fireside, LLC, a Texas Limited Liability Company, for the City’s participation in the oversizing of sewer mains for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (awarded to SCM Fireside, LLC in the not to exceed amount of $68,786). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Final Plat Exhibit 3 - Water & Sewer Plan Exhibit 4 - Oversized Sanitary Sewer System Cost Difference Exhibit 5 - Fireside Cost Participation agreement Exhibit 6 - SCM Fireside WW Oversize Participation Agreement Ordinance I. ID 19-351 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 HDR Engineering, Inc., for the Hickory Creek Road Realignment street improvement project as set forth in the agreement; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-049 - Professional Services Agreement for design services awarded to HDR Engineering, Inc., in the not-to-exceed amount of $3,342,509). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract J. ID 19-367 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute and deliver a First Amendment to Lease of City Property between the City of Denton and VOW 221 E HICKORY, LLC, correcting the Lessee name and confirming the remaining terms of the Agreement; and providing an effective date. Attachments: Exhibit 1 - AIS - Rusty Taco Lease Amendment Exhibit 2 - Lease Area Site Map Exhibit 3 - Ordinance 2013-009 Original Lease Exhibit 4 - Ordinance VOW 221 E. Hickory Page 4 Printed on 2/12/2019 City Council Meeting Agenda February 12, 2019 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-028 Consider approval of a resolution of the City of Denton, Texas, supporting legislation to create the “Cole Ranch Improvement District No. 1 of Denton County, Texas”; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution-Cole Exhibit 3 - Prior Agenda Information Sheets and Presentations Exhibit 4 - Presentation B. ID 19-332 Consider approval of a resolution of the City of Denton, Texas, supporting legislation to create the “Hunter Ranch Improvement District No. 1 of Denton County, Texas”; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution-Hunter Exhibit 3 - Prior Agenda Information Sheets and Presentations Exhibit 4 - Presentation C. ID 19-163 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 James R. Kirkpatrick Architect, Inc., dba Kirkpatrick Architecture Studio for architectural design services for the City of Denton Fire Station 8 to be located at 3131 Colorado Blvd., Denton, TX 76210 as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6910 - awarded to James R. Kirkpatrick Architect, Inc., dba Kirkpatrick Architecture Studio, in the not-to exceed amount of $410,907). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Design Fee Memo Exhibit 4 - Staff Presentation Exhibit 5 - Ordinance and Contract D. ID 19-328 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the Mayor to execute an escrow agreement regarding reimbursement of City expenses related to municipal improvement districts; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement Exhibit 3 - Prior Agena Information Sheets and Presentations Exhibit 4 - Presentation E. ID 19-327 Consider adoption of an ordinance approving a settlement agreement and release between the City of Denton, a Texas home rule municipal corporation and American Bio Source, LLC, a Texas limited liability company, regarding issues and disputes related to a Page 5 Printed on 2/12/2019 City Council Meeting Agenda February 12, 2019 lease agreement approved under ordinance no. 2014-020 and authorizing the City Manager, or his designee, to execute the same; approving the expenditure of funds therefor; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement F. ID 19-353 Consider a motion to reconsider the February 5, 2019 denial of an ordinance for a Specific Use Permit (File ID S18-0008g) 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 (S18-0008g, Windsor Drive Apartments, Hayley Zagurski). Attachments: Exhibit 1 - Agenda Information Sheet G. ID 19-356 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Animal Shelter Advisory Committee, Health & Building Standards Commission, Library Board, Traffic Safety Commission, and Committee on Persons with Disabilities. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations Sheet 3. 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. 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 Page 6 Printed on 2/12/2019 City Council Meeting Agenda February 12, 2019 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 7 Printed on 2/12/2019