City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, August 27, 2019 12:00 PM Work Session Room AMENDED WORK SESSION BEGINS AT 12:00 P.M. IN THE WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING 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, August 27, 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 this agenda. 3. Work Session Reports A. ID 19-2025 Receive a report, hold a discussion, and give staff direction on the process for responding to City Council requests for information and potential changes to City Council meeting procedures as discussed during the August 17, 2019 City Council retreat. Attachments: Exhibit 1 - Agenda Information Sheet City Council Request Process Work Session Exhibit 2 -Draft Ordinance Exhibit 3 - Presentation B. ID 19-1959 Receive a report and hold a discussion from representatives of Atmos Energy Corporation regarding the company’s infrastructure, construction, safety, and communication activities within the City of Denton. Attachments: Exhibit 1 - AIS - Atmos Energy Update - 08.29.2019.pdf Exhibit 2 - ISR 2019-051 Atmos Energy Update.pdf Exhibit 3 - Atmos - Denton Profile.pdf C. ID 19-1999 Receive a report, hold a discussion, and give staff direction regarding changes to Page 1 Printed on 8/26/2019 City Council Meeting Agenda August 27, 2019 Subchapter 6: Gas Wells of the Denton Development Code related to reverse setbacks and associated definitions and appeal procedures. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation D. ID 19-2029 Receive a report, hold a discussion, and give staff direction on the FY2019-2020 City Council priorities as discussed during the August 17, 2019 City Council retreat. Attachments: Exhibit 1 - Agenda Information Sheet City Council Priorities Work Session Exhibit 2 - Draft Resolution Exhibit 3 - Priority Topic Areas Considered Exhibit 4 - Presentation E. ID 19-1977 Receive a report, hold a discussion and give staff direction regarding polling locations for the November 5, 2019 Bond Election. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Proposed Denton County Polling Locations Exhibit 3 - 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 19-2004 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with changes to Subchapter 6: Gas Wells of the Denton Development Code related to reverse setbacks and associated definitions and appeal procedures; where a discussion of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. ID 19-2062 Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; Consultation with Attorneys - Texas Government Code, Section 551.071. Receive a report and hold a discussion regarding the offer of a financial or other incentive to Rayzor Ranch. This discussion shall include commercial and financial information related to Rayzor Ranch, a business prospect which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations. Consultation with the City’s attorneys about legal matters related to economic development incentives to potentially be offered to Rayzor Ranch. A public discussion of these legal issues would conflict with the duty of the City’s attorneys to the City of Denton and its City Council under the Texas Page 2 Printed on 8/26/2019 City Council Meeting Agenda August 27, 2019 Disciplinary Rules of Professional Conduct. 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. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to consider the following item(s): 1. CONSENT AGENDA Each of these items is recommended by 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 – F). 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, the Consent Agenda Items 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 19-1693 Consider approval of a resolution of the City of Denton, evidencing no objection for the proposed new construction of Denton Grove 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 - Denton Grove HTC Application Exhibit 3 - Resolution of No Objection B. ID 19-1947 Consider approval of the minutes of August 13, 2019. Attachments: Exhibit 1 - August 13, 2019 Minutes C. ID 19-1976 Consider approval of a resolution of the City of Denton adopting the 2019-2020 City Council priorities of the City of Denton for the fiscal year beginning on October 1, 2019, and ending on September 30, 2020; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet City Council Priorities Resolution Exhibit 2 - Resolution Exhibit 3 - Priority Topic Areas Considered D. ID 19-2026 Consider adoption of an ordinance of the City of Denton adding section 2-30 to the Code of the City of Denton and adopting procedures for members of the City Council to submit information requests to staff and establish consensus regarding the use of staff time when responding to requests estimated to take greater than two hours to complete; providing a Page 3 Printed on 8/26/2019 City Council Meeting Agenda August 27, 2019 severability clause; providing a savings clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet City Council Request Process Ordinance Exhibit 2 - Ordinance E. ID 19-1955 Consider approval of a resolution of the City of Denton allowing the Campus Theatre Concessions, LLC to sell alcoholic beverages at the XCW Wrestling Show, on Friday, September 13, 2019, from 7:00 p.m. to 10:00 p.m., at the Denton Civic Center, upon satisfying 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 Exhibit 2 Resolution and Agreement F. ID 19-2040 Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, on Friday, September 20, 2019, from 11:00 a.m. to 11:00 p.m., Saturday, September 21, 2019, from 11:00 a.m. to 11:00 p.m., and Sunday, September 22, 2019, from 10:00 a.m. to 10:00 p.m., at the Quakertown Park, upon satisfying 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 Exhibit 2 Resolution and Agreement 2. ITEM(S) FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 19-1877 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of various (i) permanent sanitary sewer easements, and (ii) temporary construction easements generally located along South Bonnie Brae Street near the intersection of Vintage Boulevard and US 377 (Fort Worth Drive) and near the intersection of Corbin Road and Interstate Highway 35 West and being situated in the William Roark Survey, Abstract No. 1087, the S.A. Pritchett Survey, Abstract 1004, and the William Sajvis Survey, Abstract No. 1174, all in the County of Denton, Texas, and being more particularly described in the attached Exhibit “A” (the “Property Interests”); authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interests by agreement if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the Property Interests if an agreement cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Location Map Exhibit 4 - Site Map Exhibit 5 - Recommended Motion Page 4 Printed on 8/26/2019 City Council Meeting Agenda August 27, 2019 3. ITEM(S) FOR INDIVIDUAL CONSIDERATION B. ID 19-1907 Consider approval of a resolution of the City of Denton determining the costs of certain authorized improvements to be reimbursed by the Rayzor Ranch Public Improvement District No. 1; approving a Preliminary Service and Assessment Plan, including proposed assessment rolls; calling and providing notice of a public hearing on September 17, 2019, to consider an ordinance levying assessments on property located within the Rayzor Ranch Public Improvement District No. 1; directing the filing of the proposed assessment rolls with the City Secretary to make available for public inspection; directing city staff to publish and mail notice of said public hearing; and resolving other matters incident and related thereto. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - Preliminary Service and Assessment Plan Exhibit 4 - Follow Up Memo Exhibit 5 - Presentation C. ID 19-2032 Consider approval of a resolution of the City of Denton appointing one member to the Board of Managers of Denco Area 9-1-1 District; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet - Denco 9-1-1 Exhibit 2 - Resolution Denco 9-1-1 Nomination Exhibit 3 - Resolution No. 19-1203 (approved June 11, 2019) Exhibit 4 - Denco 9-1-1 Letter dated June 117, 2019 D. ID 19-2067 Consider adoption of an ordinance of the City of Denton, a Texas municipal home-rule corporation, reimbursing LGI Homes, Inc., a Delaware corporation, $236,000 as a credit for assessed and collected roadway impact fees for Beaver Creek Additions - Phase 1B and Beaver Creek Addition - Phase 2, Denton, Denton County, Texas, pursuant to Ordinance 2016-189; providing for the expenditure of funds; and, providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Roadway Impact Fee Exhibit 2 - Refund Request and Project Map Exhibit 3 - Email Assurance from Earl Escobar Exhibit 4 - Roadway Impact Fee Ordinance Exhibit 5 - Reimbursement Ordinance with LGI Inc 4. CONCLUDING ITEMS Page 5 Printed on 8/26/2019 City Council Meeting Agenda August 27, 2019 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 IS 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 6 Printed on 8/26/2019