City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, April 21, 2020 1:00 PM Work Session Room WORK SESSION BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE WORK SESSION ROOM Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer will be participating in the closed meeting, work session, and regular meeting via video/teleconference. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Due to COVID-19 precautions, members of the public will not be able to attend the Tuesday, April 21, City Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to participate in one of the following ways (NOTE: Except for public hearings, citizens may only comment once per agenda item and cannot use both methods to comment on a single item. Public comments are not held for work session reports.): • VIRTUAL "WHITE CARD" – On Friday, April 17, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR • BY PHONE – Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item, no matter the method. Page 1 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 21, 2020, at 1:00 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 any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 20-771 Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COVID-19 response. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation 04 21 20 B. ID 20-876 Receive a report, hold a discussion, and give staff direction regarding the existing E. Hickory Street Police Headquarters, with a focus on suggestions by City Council to the façade alternates. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Presentation C. ID 20-830 Receive a report, hold a discussion, and give staff direction regarding Budget Reduction Strategies. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - General Fund Dashboard Exhibit 3 - Presentation D. ID 20-831 Receive a report, hold a discussion, and give staff direction regarding the scheduling of City Board, Commission, and Committee meetings during the City’s declared local disaster related to the COVID-19 pandemic. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Boards, Commissions, and Committees Meeting Schedule & Member Availability Exhibit 3 - Presentation Page 2 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 E. ID 20-176 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1. Consideration of a resolution regarding COVID-19 voter access and safety requesting that all registered voters in Texas be considered eligible for a mail-in ballot; and 2. Requesting information regarding the number of potential developments that qualify under the previous tree code. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance 19-2026 - City Council Request Process 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 20-858 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the appointment, employment, and duties of the City Auditor. B. ID 20-859 Consultation with Attorneys- Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City’s attorneys involving legal issues relating to budget reduction strategies and City personnel policies, and to provide the City’s attorneys with direction, where a public discussion of these legal matters would clearly 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. C. ID 20-855 Consultation with Attorneys- Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City’s attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City’s attorneys with direction, where a public discussion of these legal matters would clearly 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. 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. Page 3 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 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 WORK SESSION ROOM AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. 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. 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. Such person(s) shall have registered using the “Virtual White Card” or “By Phone” process outlined by the City on its website or meeting notice. 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. 2. 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 – O). 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 Page 4 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 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 20-816 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute Supplemental Agreement No. 1 to Easement No. DACW63-2-01-0673, between the City and the United States Army Corps of Engineers, related to the raw water pump station at Lake Ray Roberts, located in the Martha Langston Survey, Abstract No. 739, part of the United States of America, Tract 210 - Lake Ray Roberts, County of Denton, Texas; and providing for severability and an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement Exhibit 3 - Site Map B. ID 20-818 Consider approval of a resolution approving use of unspent proceeds of Revenue Bonds issued by New Hope Cultural Education Facilities Finance Corporation on behalf of the CHF - Collegiate Housing Denton, L.L.C. in an amount not to exceed $2,700,000 for costs relating to parking facilities at Texas Women’s University; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal of or interest on the Revenue Bonds; making certain findings in connection therewith; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Letter from McCall Parkhurst & Horton Exhibit 3 - Letter from City's Bond Counsel Exhibit 4 - Resolution C. ID 20-822 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a fifth amendment to a Professional Services Agreement between the City of Denton and Teague Nall and Perkins, Inc., amending the contract approved by the City Manager on April 10, 2017, in the not-to-exceed amount of $93,500; amended by amendments 1 - 4 approved by City Council, City Manager and Purchasing Staff; said fifth amendment to provide engineering and design services relating to the hickory creek road west project; providing for the expenditure of funds therefor; and providing an effective date (File 6427 - providing for an additional fifth amendment expenditure amount not-to-exceed $67,635, with the total contract amount no-to-exceed $293,185). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Contract Exhibit 3 - Ordinance and Amendment 1 Exhibit 4 - Amendment 2 Exhibit 5 - Amendment 3 Exhibit 6 - Amendment 4 Exhibit 7 - Ordinance and Amendment 5 Page 5 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 D. ID 20-823 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive bids under RFP 6945 for Land Management Software for the City of Denton Development Service Department; and providing an effective date (RFP 6945). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance E. ID 20-824 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 Milsoft Utility Solutions, Inc, for continued vendor support of the Milsoft Interactive Voice Response and associated software modules along with new hardware and software upgrades, which is the sole provider of this software, 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 7209 - awarded to Milsoft Utility Solutions, Inc, in the five (5) year not-to-exceed amount of $300,588.) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract F. ID 20-825 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 Trilliant Networks, Inc., for continued vendor support services for Advanced Metering Infrastructure (AMI) for Denton Municipal Electric Metering Department, 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 7218 - awarded to Trilliant Networks, Inc., in the five (5) year not-to-exceed amount of $817,304.50). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract G. ID 20-826 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 CRC Lawncare and Landscape, LLC, for mowing services and maintenance for Park locations, Cemeteries, Libraries, Public Buildings, Medians, Fire Stations, Water Reclamation, Beneficial Reuse, and Airport, Sections A, B, C, D, E, F, G, H, J, and K; providing for the expenditure of funds therefor; and providing an effective date (RFP 7254 - awarded to CRC Lawncare and Landscape, LLC, for one (1) year, with the option for one (1) additional one (1) year extension, in the total two (2) year not-to-exceed amount of $600,000). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract Page 6 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 H. ID 20-827 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 Custom Landscaping, Inc., dba Classic Landscapes Maintenance, Inc., for Section I - DME Offices/Substation locations mowing services and maintenance; providing for the expenditure of funds therefor; and providing an effective date (RFP 7254 - awarded to Custom Landscaping, Inc., dba Classic Landscapes Maintenance, Inc., for one (1) year, with the option for one (1) additional one (1) year extension, in the total two (2) year not-to-exceed amount of $160,000). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract I. ID 20-829 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 Progressive Roof Services Inc., dba Progressive Roofing through The Inter-local Purchasing System (TIPS) Cooperative Program Contract Number 190201 for the replacement of the roof system at the Municipal Laboratory; providing for the expenditure of funds therefor; and providing an effective date. (File 7266 - awarded to Progressive Roof Services, Inc. dba Progressive Roofing in the not-to-exceed amount of $172,260). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract J. ID 20-835 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 Interfaith Ministries of Denton, Inc., for a utility assistance program for low-income households; providing for the expenditure of funds therefor; and providing an effective date (RFP 7244 - awarded to Interfaith Ministries of Denton, Inc., for one (1) year to provide annual administrative services in the amount of $22,500, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $625,000 for annual administrative services and anticipated distributions for a utility assistance program for low-income households). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract K. ID 20-838 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Development Agreement between the City of Denton and Shercross Development, LLC for the installment of critical infrastructure related to Hercules Drive; authorizing the expenditure of funds therefor; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Development Agreement Exhibit 3 - LLC Members L. ID 20-849 Consider approval of the minutes of March 17, March 20, March 31, and April 6, 2020. Page 7 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 Attachments: Exhibit 1 - March 17, 2020 Minutes Draft Exhibit 2 - March 20, 2020 Minutes Exhibit 3 - March 31, 2020 Minutes Exhibit 4 - April 6, 2020 Minutes M. ID 20-853 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 construction manager at risk contract with Thos. S. Byrne, Inc., a Texas corporation, for pre-construction services for the renovation of police headquarters and development and construction of the police substation and firing range; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7249 - CMAR awarded to Thos. S. Byrne, Inc., in the not-to-exceed amount of $45,000 for pre-construction services). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet and Pricing Evaluation Exhibit 3 - Ordinance and Contract N. ID 20-857 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to the Professional Services Agreement between the City of Denton and HR Green, Inc., amending the contract approved by City Council on October 23, 2018, in the not-to-exceed amount of $815,147, amended by Amendment 1 approved by City Council, said second amendment to provide additional review of development construction projects for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6818 - providing for an additional second amendment expenditure amount not-to-exceed $415,000, with the total contract amount not-to-exceed $1,809,062). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 Exhibit 4 - Ordinance and Amendment 2 O. ID 20-878 Consider approval of a Resolution of the Council of the City of Denton revising the City’s Reduction in Force policy for all city employees; and, providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.docx Exhibit 2 - Resolution Revised 109.04 RIF Policy with exhibit 3. ITEM(S) FOR INDIVIDUAL CONSIDERATION A. ID 20-617 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 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. Page 8 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 Attachments: Exhibit 1 Agenda Information Sheet AFA Exhibit 2 - Ordinance w Advanced Funding Agreement Exhibit 3 - Presentation Mayhill AFA B. ID 20-837 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation (“City”), authorizing the execution of a Contract of Sale, and Amendment, between the City, as Buyer, and Saratan Corporation I, a Texas Corporation (“Saratan”), as Seller, for the purchase of 909 N. Loop 288, Denton, Denton County, Texas (“Property”), for the purchase price of $5,200,000.00; authorizing the expenditure of funds therefor including the cash amount of $3,395,000.00 towards the purchase price; accepting the donation value of the property from seller of $1,805,000.00; providing for severability; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract Exhibit 3 - SOS Management C. ID 20-875 Consider adoption of an ordinance establishing the City of Denton’s strategy in response to economic impacts of the COVID-19 pandemic; and, providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Budget Strategies Ordinance Exhibit 2 - General Fund Dashboard Exhibit 3 - Ordinance D. ID 20-819 Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse capital program expenditures of the General Government ($3,423,000) with tax-preferred obligations (Certificates of Obligation and General Obligation Bonds) with an aggregate maximum principal amount not to exceed $3,423,000; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance 4. 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. Page 9 Printed on 4/21/2020 City Council Meeting Agenda April 21, 2020 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 17th day of April, 2020 at 5:20 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 4/21/2020