City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, March 3, 2020 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, March 3, 2020, 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 20-583 Receive a report, hold a discussion, and give staff direction regarding potential National Electric Safety Code violations, and mitigation options, along the TMPA transmission corridor that runs through the Windhaven residential subdivision within the City of Denton. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation B. ID 20-137 Receive a report, hold a discussion, and give staff direction regarding the 2020 Denton Mobility Plan Update, with a focus on the southern area of the city. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation C. ID 20-522 Receive a report, hold a discussion, and give staff direction regarding the City of Denton’s Tax Abatement and Incentives Policy. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Policy (Clean) Exhibit 3 - Draft Policy (Redline) Exhibit 4 - Presentation D. ID 20-486 Receive a report, hold a discussion, and give staff direction regarding a proposed Page 1 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 development fee grant program. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Proposed Development Fee Grant Program Guidelines Exhibit 3 - Presentation E. ID 20-268 Receive a report, hold a discussion, and give staff direction regarding the implementation of a $100 million General Obligation extendable commercial paper program. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation F. ID 20-008 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) Joining a lawsuit regarding franchise fees and small cells. Attachments: Exhibit 2 - Ordinance 19-2026 - City Council Request Process Exhibit 1 - Agenda Information Sheet - Pending Council Requests Exhibit 3 - 2019-154 Small Cell Node Litigation Exhibit 4 - February 18 Monitor Article Exhibit 5 - February 19 Monitor Article Exhibit 6 - 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 20-528 Consultation with Attorneys - Under Texas Governmental Code Section 551.071. Consult with the City’s attorneys on the status, strategy, funding, prospects for appeal, and potential resolution of litigation in Cause No. DC-17-08139, styled “Michael Grim and Jim Maynard v. City of Denton, Texas,” pending in the 68th Judicial District Court, Dallas County, Texas; where 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 Profession Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position in pending litigation or appeal. B. ID 20-587 Deliberations regarding a Personnel Matter - Under Government Code, Section 551.074; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Deliberate and discuss the appointment, employment, evaluation, discipline, duties, dismissal, complaints against, and contract of the Presiding Municipal Judge; consult with the City’s attorneys regarding legal issues associated with the above, where a public discussion of the same would conflict with the duty of the City’s attorneys to the City of Denton and the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in negotiations or Page 2 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 potential litigation. 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. NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. _________________________________________________________________________________ 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. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Reports from members of the public shall be received through the following two (2) methods. A total of up to seven (7) speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. 1) Pre-registration. 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. Each speaker is 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. A. ID 20-555 Lee Merritt regarding a request for a referendum exploring the policies and procedures concerning law enforcement interaction with people in crisis; particularly the police department's protocol for mental health issues. 2) Open Microphone. This section of the agenda permits any person who has not registered in advance for a citizen report to make comments about public business items not listed on the agenda. Each speaker is allowed a maximum of four (4) minutes to present their report. Such person(s) must file a "Blue Card" requesting to speak during this period prior to the calling of this agenda item. Page 3 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 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. 3. 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 – 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, 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 20-466 Consider approval of a resolution of the City of Denton, Texas adopting a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet - B&C Handbook Exhibit 2 - ISR 2020-015 (February 14, 2020) with no attachment Exhibit 3 - B&C 2020 Handbook - DRAFT & Redlined - Updated 02-25-2020 Exhibit 4 - Resolution with Handbook B. ID 20-507 Consider approval of the minutes of February 18, 2020 and amendment of the minutes for February 4, 2020. Attachments: Exhibit 1 - February 18, 2020 Minutes Exhibit 2 - February 4, 2020 Minutes - AMENDING C. ID 20-487 Consider adoption of an ordinance authorizing the City Manager to execute a Water Main Cost Participation Agreement between the City of Denton and Westray Group, LP, a Texas limited partnership, for the City's participation in the oversizing of water mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. (in the not-to-exceed amount of $137,758.00). Public Utilities Board recommends (6-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Tabulated Calculation of hte Oversize Participation Amount Exhibit 4 - Ordinance and Water Main Cost Participation Agreement Page 4 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 D. ID 20-494 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 United Electronic Recycling, LLC, for electronic recycling services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 7156 - awarded to United Electronics Recycling, LLC, in the three (3) year not-to-exceed amount of $161,252.20). The Public Utilities Board recommends approval (5 - 1). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract E. ID 20-495 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive bids under RFP 7160 for the supply of scale house management software for the Solid Waste and Recycling department; and providing an effective date (RFP 7160). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance F. ID 20-497 Consider adoption of an ordinance ratifying the expenditure of funds by the City Manager and the Purchasing agent for the emergency purchases for the State School Interceptor sewer line failure and the Hickory Creek forcemain break in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services made to preserve or protect the public health or safety of the municipality’s residents is exempt from competitive bidding, and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 6917 - State School failure expenditure of $260,709.20 and Hickory Creek forcemain break expenditure of $71,245.49). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Declaration of Emergency – State School Interceptor Exhibit 3 - Declaration of Emergency – Hickory Creek Forcemain Break Exhibit 4 - Ordinance G. ID 20-498 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a sole source agreement between the City of Denton and Telvent USA, LLC, amending the contract approved by City Council on May 7, 2013, in the not-to-exceed amount of $491,813.75; amended by Amendments 1-2 approved by Purchasing; said third amendment to provide continued vendor support of the Denton Municipal Electric (DME) ArcFM Solution and associated software modules along with new hardware and software upgrades; which is the sole provider of this software, in accordance with the Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available form one source are exempt from competitive bidding; providing for the expenditure of funds therefor; and providing an effective date (File 5770 - providing for an additional Page 5 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 three (3) year term and third amendment expenditure amount not-to-exceed $142,000, with the total contract amount not-to-exceed $722,980.75). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Original Ordinance and Contract Exhibit 4 - Amendment 1 Exhibit 5 - Amendment 2 Exhibit 6 - Ordinance and Amendment 3 H. ID 20-499 Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship to the Texas Storytelling Association, in an amount not to exceed $2,932 of in-kind services and resources for the 35th Annual Texas Storytelling Festival, which will be held on Thursday, March 12, through Sunday, March 15, 2020, at the Denton Civic Center; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Co-sponsorship Approval Letter I. ID 20-598 Consider a resolution authorizing the Mayor of the City of Denton to provide notice of administrative leave with pay to the Presiding Municipal Judge; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2-Resolution 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 20-288 Consider approval of a resolution of the City of Denton, Texas establishing a Subsidy and Resource Allocation Policy for the Parks and Recreation Department; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Subsidy and Resource Allocation Study Exhibit 3 Resolution & Subsidy and Resource Allocation Policy Exhibit 4 Presentation B. ID 20-411 Consider approval of a resolution supporting the Texas Department of Transportation’s proposal for the removal of certain roadways from the state highway system within the City of Denton; and providing for an effective date. Attachments: Exhibit 1 - Agend Information Sheet MOU Exhibit 2- TxDOT Turnback Resolution Exhibit 3 - Presentation MOU C. ID 20-412 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute an amendment to an Advance Funding Agreement with the Texas Page 6 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 Department of Transportation for an expansion of Mayhill Road from a two-lane rural roadway to a four-lane divided urban arterial roadway from IH 35 East to US 380 in the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet AFA Exhibit 2 - Ordinance w Advanced Funding Agreement Exhibit 3 - Presentation Mayhill AFA D. ID 20-429 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a design-build agreement with Thos. S. Byrne, Inc., for the design, engineering, and renovation of the Development Services Building, located at 401 North Elm Street; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7228 - awarded to Thos. S. Byrne, Inc., in the not-to-exceed amount of $206,150). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance and Agreement E. ID 20-496 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 with Altec Industries, Inc., through the Sourcewell Cooperative Purchasing Network Contract number 012418-ALT, for the acquisition of Altec model aerial trucks for various City Departments: Electric Distribution, Electric Operations, Traffic, and Parks; authorizing the expenditure of funds therefor; and declaring an effective date (File 7287 - awarded to Altec Industries, Inc., in the two (2) year not-to-exceed amount of $3,000,000). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Quotes Exhibit 3 - Presentation Exhibit 4 - Ordinance F. ID 20-441 Consider adoption of an ordinance of the City of Denton, Texas, amending ordinance No. 2012-366, as amended by ordinances 2014-039, 2014-274, 2015-370, and 2016-354 relating to Tax Increment Reinvestment Zone (TIRZ) Number Two, to amend the number of terms the developer representative may serve on the Board of Directors; repealing all conflicting ordinances and portions thereof; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation G. ID 20-440 Consider adoption of an ordinance of the City of Denton, Texas approving the Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Bylaws; and declaring an effective date. The Tax Increment Reinvestment Zone Number Two Board recommends approval (12-0). Page 7 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - TIRZ No. 2 Ordinance and Bylaws Exhibit 3 - Presentation 5. PUBLIC HEARINGS A. Z19-0014c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning district and use classification from the Residential 4 (R4) zoning district and use classification to the Mixed-Use Neighborhood (MN) zoning district and use classification; on approximately 0.154 acres of land located at 311 Jannie Street, 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 for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (6-0). (Z19-0014, Jannie Street, Cindy Jackson) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Existing Zoning Map Exhibit 5 - Proposed Zoning Map Exhibit 6 - Future Land Use Map Exhibit 7 - LLC List Exhibit 8 - Notification Response Map and Responses Exhibit 9 - Building Permit Application Exhibit 10 - Applicant Narrative Exhibit 11 - Aerial Photos Exhibit 12 - Planning and Zoning Commission Meeting Minutes Exhibit 13 - Staff Presentation Exhibit 14 - Draft Ordinance Exhibit 15 - Draft Ordinance Exhibit A B. Z19-0013c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning district and use classification from Planned Development (PD) District to Residential 6 (R6) District on approximately 59.24 acres of land generally located west of South Bonnie Brae Street, approximately 1,604 feet south of the intersection of South Bonnie Brae Street and Killdeer Trail, 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 recommends approval [6-0]. (Z19-0013c, Cambridge Brook, Sean Jacobson) Page 8 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Existing Zoning Map Exhibit 5 - Proposed Zoning Map Exhibit 6 - Future Land Use Map Exhibit 7 - Applicant Project Narrative Exhibit 8 - Notification Response Map Exhibit 9 - Presentation Exhibit 10 - Planning and Zoning Commision Minutes Exhibit 11 - Draft Ordinance Exhibit 12 - Draft Ordinance - Exhibit A Exhibit 13 - Neighborhood Outreach Packet Exhibit 14 - Second Neighborhood Outreach Letter Exhibit 15 - Neighborhood Meeting Notes C. DCA19-0024 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas b amending the Denton Development Code Subchapter 2, “Administration and Procedures,” related Alternative Environmentally Sensitive Area (ESA) Plans and platting. 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 approval of the request (6-0). (DCA19-0024b, Alternative ESA Plans and Platting, Julie Wyatt) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Redline of the proposed text amendment Exhibit 4 - Presentation Exhibit 5 - February 5, 2020 Planning & Zoning Meeting Minutes Exhibit 6 - Draft Ordinance Exhibit 7 - Draft Ordinance Exhibit A D. AESA20-000 Hold a public hearing and consider an ordinance of the City of Denton, Texas approving a 1b request to amend an Alternative Environmentally Sensitive Area Plan for approximately 49.9-acres of land generally located on the north side of West University Drive and west of North Masch Branch Road in the city of Denton, Denton County, Texas; adopting an amendment to the city’s official ESA 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 approval with conditions (7-0). (AESA20-0001, Fisher 59, Christi Upton) Page 9 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 Staff Analysis Exhibit 3 Site Location Map Exhibit 4 Current Zoning Map Exhibit 5 Floodplain Map Exhibit 6 Proposed Mitigation Locations Exhibit 7 Revised Alternative ESA Plan Exhibit 8 Fisher 59 Approved Alternative ESA Plan (Ord. No. AESA19-0001Aa) Exhibit 9 Notification Map Exhibit 10 - Draft Planning and Zoning Commission Meeting Minutes Exhibit 11 Staff Presentation Exhibit 12 - Draft Ordinance Exhibit 13 - Draft Ordinance - Exhibit A Exhibit 14 - Draft Ordinance - Exhibit B 6. 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 28th day of February, 2020 at 4:55 p.m. __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 10 Printed on 3/2/2020 City Council Meeting Agenda March 3, 2020 Page 11 Printed on 3/2/2020