City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, March 16, 2021 2:00 PM Council Work Session Room WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL WORK SESSION ROOM Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia Johnson, Connie Baker, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session, closed meeting and 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 March 16, 2021, 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: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card – On March 12, 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 3/17/2021 City Council Meeting Agenda March 16, 2021 • 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, March 16, 2021, at 2:00 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 21-228 Receive a report, hold a discussion, and give staff direction regarding an audit follow-up of accounts payable. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Audit Response Cover Letter Exhibit 3 - Follow-Up Review of Accounts Payable Audit (October 2019) Exhibit 4 - Presentation B. ID 21-339 Receive a report, hold a discussion, and give staff direction regarding processes, impacts, and results of service delivery during the February 2021 inclement weather event by the following departments: 1. Facilities 2. Police /Fire/Emergency Management 3. Public Works: Streets, Drainage, Traffic 4. Public Works: Fleet 5. Human Resources/Risk Management Page 2 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2a - 2021 Winter Event Response - Facilities Exhibit 2b - 2021 Winter Event Response - Police Exhibit 2c - 2021 Winter Event Response - Fire Exhibit 2d - 2021 Winter Event Response - Emergency Management Exhibit 2e - 2021 Winter Event Response - Streets Drainage Traffic Exhibit 2f - 2021 Winter Event Response - Fleet.pdf Exhibit 2g - 2021 Winter Event Response - HR and Risk.pdf C. ID 21-136 Receive a report, hold a discussion, and give staff direction regarding the Development Code Review Committee’s role and responsibilities. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution 20-1967 Exhibit 3 - Presentation D. ID 21-514 Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COVID-19 response, the Local Disaster Declaration, and the Eleventh Order of Council of the City of Denton issued December 17, 2020 approved by Ordinance 20-2467. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation E. ID 20-2387 Receive a report, hold a discussion, and give staff direction on pending City Council requests for information for: (1) Changing all forms of “he or she,” “him or her,” “his or hers” in city policy to the grammatically appropriate form of they/them/theirs in any city documents, written policies, and laws that can be changed without a Charter change. (2) Have a discussion regarding the one-minute pitch process. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance19-2026 - 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 item(s) 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: ID 21-543 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consult with the City’s attorneys and provide direction pertaining to the legal status, legal analysis, legal strategy, and potential resolution of litigation in Cause No. 21-1421-16, styled “City of Denton, Texas v. Electric Reliability Council of Texas (ERCOT),” pending in the 16th Judicial District Court, Denton County, Texas, including release of confidential Page 3 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 information related to same; where discussion of these legal matters in an open meeting 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, or otherwise compromise the City’s legal position in pending 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 WORK SESSION ROOM 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. 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. Page 4 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 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 information; 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 – W). 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 21-336 Consider approval of the minutes of February 23, March 1, and March 2, 2021. Attachments: Exhibit 1 - February 23, 2021 Minutes Exhibit 2 - March 1, 2021 Minutes Exhibit 3 - March 2, 2021 Minutes B. ID 21-338 Consider adoption of an ordinance approving a Preliminary Engineering Services Agreement by and between the City of Denton and the Kansas City Southern Railroad Company (“KCSRR”) relating to the widening of South Bonnie Brae Street within the railroad right-of-way located at KCSRR Mile Post 103.24, within the County and City of Denton, Texas; providing for the expenditure of funds (the estimate is $10,000.00 for Preliminary Engineering; the City will receive a final invoice upon completion of the work); and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Engineering Agreement C. ID 21-368 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Denton County Friends of the Family, Inc.; authorizing the City Manager or designee to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed twelve hundred and fifty dollars ($1,250.00); and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement D. ID 21-369 Consider adoption of an ordinance of the City of Denton authorizing a service agreement Page 5 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 between the City of Denton and Denton Music and Arts Collaborative; authorizing the City Manager or designee to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement E. ID 21-370 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Giving Hope, Inc.; authorizing the City Manager or designee to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement F. ID 21-371 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Grace Like Rain; authorizing the City Manager or designee to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement G. ID 21-329 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Bibliotheca, LLC, for the purchase of Radio Frequency Identification Hardware and Software including: self-check kiosks with unlockers, automated return systems, staff equipment, and security gates at all Denton Public Library facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7450 - awarded to Bibliotheca, LLC, for five (5) years, with the option for two (2) additional one (1) year extensions, in the total seven (7) year not-to-exceed amount of $330,939.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract H. ID 21-410 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a Professional Services Agreement with Schrickel, Rollins and Associates, Inc., for a design engineering report, final design, bid phase services, and construction administration services for the replacement of Lakeview Ranch Wastewater Interceptor, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-098 - Professional Services Agreement for design services awarded to Schrickel, Rollins and Associates, Inc., in the not-to-exceed amount of $241,800.00). The Public Utilities Board recommends approval (6 - 0). Page 6 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract I. ID 21-411 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a Professional Services Agreement with Schrickel, Rollins and Associates, Inc., for a design engineering report, final design, bid phase services, and construction administration services for the Robson Ranch Wastewater Treatment Plant Lift Station Conversion, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-099 - Professional Services Agreement for engineering services awarded to Schrickel, Rollins and Associates, Inc., in the not-to-exceed amount of $240,500.00). The Public Utilities Board recommends approval (4 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Robson Ranch Development Agreement Exhibit 3 - Ordinance and Contract J. ID 21-412 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Brandon & Clark, Inc., for the repair of electric motors at the Water Production and Water Reclamation facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7482 - awarded to Brandon & Clark, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $300,000.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract K. ID 21-413 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Global Pump Solutions, LLC, for the repair and rebuild of pumps at the Water Production and Water Reclamation facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7482 - awarded to Global Pump Solutions, LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,000,000.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract L. ID 21-416 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering Page 7 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 services in support of the Denton Square Pedestrian All-Way Crosswalk Improvements Design, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-101 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $95,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract M. ID 21-417 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State reimbursable Safe Routes to Schools (SRTS) projects; Ginnings and Alexander Elementary Schools Sidewalk Improvements projects, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-102 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $215,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract N. ID 21-418 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State Reimbursable Advanced Funding Agreement; North Texas Boulevard Improvements Project, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-103 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc. in the not-to-exceed amount of $338,900.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract O. ID 21-419 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State reimbursable Transportation Alternatives Set-Aside (TASA) Program project; Sycamore - Welch Active Transportation Connection Bike Lanes and Shared - Use Path Facilities project, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-104 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $250,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract P. ID 21-420 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Page 8 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State reimbursable Safe Routes to School (SRTS) projects; Wilson and Pecan Creek Elementary Schools Sidewalk Improvements projects, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-105 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $150,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract Q. ID 21-422 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Texas Fire & Sound, Inc., through the Buy Board Cooperative Purchasing Network Contract # 574-18, for the repair, installation, inspection, and maintenance of fire suppression systems, fire extinguishers, fire, and security alarm monitoring throughout City Buildings; providing for the expenditure of funds therefor; and providing an effective date (File 7598 - awarded to Texas Fire & Sound, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $850,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract R. ID 21-423 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a contract with Baker and Taylor, LLC, as agent for Bridgeall Libraries Limited, for library collection analysis software package, CollectionHQ and ESP, 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 7478 - awarded to Baker and Taylor, LLC, as agent for Bridgeall Libraries Limited, in the five (5) year not-to-exceed amount of $92,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract S. ID 21-426 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Texas Series of Lockton Companies, LLC, amending the contract approved by City Council on August 4, 2020, in the not-to-exceed amount of $480,000.00; said first amendment for the cost of additional broker services; providing for the expenditure of funds therefor; and providing an effective date (File 7365 - providing for an additional first amendment expenditure amount not-to-exceed $75,000.00, with the total contract amount not-to-exceed $555,000.00). Page 9 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - LLC Members Exhibit 4 - LLC Name Change Exhibit 5 - Ordinance and Amendment 1 T. ID 21-427 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified real estate list of firms who have quantified their knowledge, experience, and credentials in acquiring property interests and relocation services for a public agency following Federal and State guidelines, who will be utilized for acquiring real property interests relating to capital projects and on city-wide department driven incentives within the City of Denton; and providing an effective date (RFQ 7480 - for a three (3) year term). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance U. ID 21-202 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute a Wastewater Main Cost Participation Agreement with Sagebrook Denton LP, (“Sagebrook”) for the City’s participation in the oversizing of wastewater mains 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 $216,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Calculation of the Oversize Participation Exhibit 4 - Ordinance and Agreement V. ID 21-496 Consider adoption of an ordinance authorizing expenditure of an additional $100,000.00 in previously budgeted funds for outside counsel and other trial expenses in the litigation styled “City of Denton v. Robert P. Donnelly,” pending in the Probate Court of Denton County, Texas; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 -Draft Ordinance W. ID 21-509 Consider approval of a resolution of the City of Denton providing the March 8, 2021 meeting absence by Parks, Recreation, and Beautification Board member Alana Presley Taylor be excused; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance No. 19-2866 adopted January 28, 2020 Exhibit 3- Draft Resolution and Exhibit - signed 4. ITEMS FOR INDIVIDUAL CONSIDERATION Page 10 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 A. ID 21-432 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, extending the effective period of the declared state of local disaster to June 30, 2021; superseding and replacing the Eleventh Order of Council of the City of Denton issued December 17, 2020 approved by Ordinance No. 20-2467; confirming the expenditure of funds and authorizing the expenditure of additional funds; providing a repealer clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Current Ordinance (20-2467) and Order (Adopted Dec. 17, 2020) Exhibit 3 - Draft Ordinance and Twelfth Order of Council (clean) Exhibit 4 - Draft Ordinance and Twelfth Order of Council (redline) B. ID 21-274 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, amending the FY 2020-21 Annual Audit Plan; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Amended FY20-21 Audit Plan Ordinance Exhibit 3 - Original FY20-21 Audit Plan Ordinance C. ID 21-415 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Freese and Nichols, Inc., for engineering-related on-call professional services, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-100 - Professional Services Agreement for engineering on-call services awarded to Freese and Nichols, Inc., in the three (3) year not-to-exceed amount of $3,031,783.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Ordinance and Contract D. ID 21-424 Consider approval of a resolution of the City Council of the City of Denton approving Civil Service Commissioner Lilyan Prado Carrillo’s request for a leave of absence; and providing an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2 – Proposed Resolution Exhibit 3 – Lilyan Prado Carrillo’s Leave of Absence Request E. ID 21-425 Consider approval of a resolution of the City Council of the City of Denton confirming the Interim City Manager’s appointment of Jaime Blanton to the Civil Service Commission to serve for the remainder of Civil Service Commissioner Lilyan Prado Carrillo’s term, which expires on August 31, 2021; and providing an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2 – Proposed Resolution Page 11 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 F. AESA20-000 Consider adoption of an ordinance of the City of Denton, Texas approving an Alternative 6e Environmentally Sensitive Area Plan for a site generally located on the south side of the I-35 East Service Road, approximately 672 feet west of Sam Bass Boulevard, in the City of Denton, Denton County, Texas; adopting an amendment to the city’s official Environmentally Sensitive Areas map; authorizing the acceptance and execution of a conservation easement from Acme Brick Company; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. STAFF HAS POSTPONED THIS ITEM TO A FUTURE DATE TO CONTINUE TO FINALIZE SITE PLAN DETAILS. (AESA20-0006, Urban Logistics 35, Christi Upton) Attachments: Exhibit 1 - Agenda Information Sheet G. ID 21-428 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Board of Ethics, Committee on Persons with Disabilities, Health & Building Standards Commission, and Public Utilities Board. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations Board 5. PUBLIC HEARINGS A. ID 21-242a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 26 - Utilities, Article V - Indirect discharge into sanitary wastewater system of the City’s Code of Ordinances; providing for a severability clause; providing for a savings clause; providing a penalty; providing for codification; and providing for publication and an effective date. Public Utilities Board recommends 5-0. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Summary Comparison of Changes Exhibit 3 Ordinance Exhibit 4 Ordinance Redlined Exhibit 5 Current and Proposed Code Language Detailed Comparison Exhibit 6 Presentation B. Z20-0013b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from General Office (GO) and Mixed-Use Regional (MR) Districts to Highway Corridor (HC) District on approximately 18.55 acres of land generally located on the southwest corner of the intersection of the I-35 Southbound Service Road and Barthold Road, 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 voted [5-1] to approve the request. (Z20-0013b, Loves Travel Stop, Julie Wyatt) Page 12 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Future Land Use Map Exhibit 5 - Existing Zoning Map Exhibit 6 - Proposed Zoning Map Exhibit 7 - Comparison of Permitted Uses Exhibit 8 - Notification Map and Responses Exhibit 9 - Presentation Exhibit 10 - Draft Ordinance C. S20-0010c 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 Bar, Tavern, or Lounge use on an approximately 0.451 acres of land, generally located on the southwest corner of Stroud Street and South Elm Street 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. The Planning and Zoning Commission vote [6-0] to approve the request. (S20-0010c, 400 S Elm Bar Use, Sean Jacobson). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Aerial Map Exhibit 4 - Future Land Use Map Exhibit 5 - Zoning Map Exhibit 6 - Site Plan Map Exhibit 7 - Applicant Project Narrative Exhibit 8 - Notification Map and Responses Exhibit 9 - LLC Members List Exhibit 10 - Presentation Exhibit 11 - Draft Ordinance D. PD20-0002d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a rezoning from General Office (GO) and Rural Residential (RR) Districts to a Planned Development (PD) District on an approximately 90-acre property generally located on the north side of Loop 288, between North Elm Street and Bonnie Brae 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 a severability clause and an effective date. A supermajority vote by the Council is required for approval. (PD20-0002d, Hirschbach, Julie Wyatt) Page 13 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Zoning Map Exhibit 5 - Future Land Use Map Exhibit 6 - PD Development Regulations Exhibit 7 - PD Development Plan Exhibit 8 - Notification Map and Responses Exhibit 9 - Presentation 3.17.2021 Exhibit 10 - Draft Ordinance E. Z20-0012b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an amendment to the Rayzor Ranch Overlay District to amend the concept and zoning map exhibits and amend development standards and design criteria for development within the eastern portion of the Rayzor Ranch South Campus - South Mixed Use District, being approximately 90.54 acres generally located on the south side of West University Drive/US 380, east of Heritage Trail, and west of Bonnie Brae 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 voted [7-0] to approve the request. STAFF IS REQUESTING THIS ITEM BE POSTPONED TO THE APRIL 6, 2021 MEETING. (Z20-0012, Rayzor Ranch East Overlay Amendments, Hayley Zagurski). Attachments: Exhibit 1 - Agenda Information Sheet 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 12th day of March, 2021 at 4:50 p.m. Page 14 Printed on 3/17/2021 City Council Meeting Agenda March 16, 2021 __________________________________________ 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 15 Printed on 3/17/2021