City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, April 27, 2021 3:00 PM Council Work Session Room WORK SESSION BEGINS AT 3:00 P.M. IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING 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 April 27, 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 April 23, 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 4/23/2021 City Council Meeting Agenda April 27, 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, April 27, 2021, at 3:00 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 21-772 Receive a report, hold a discussion and give staff direction regarding the Denton Municipal Electric LED Streetlight Retrofit Program, Bird City Texas Program, and Lights Out Texas Educational Campaign. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Denton Municipal Electric Agenda Information Exhibit 3 - International Dark Sky Association Model Lighting Ordinance Exhibit 4 - Bird City Texas Certification Matrix Exhibit 5 - Presentation B. ID 21-617 Receive a report, hold a discussion, and give staff direction regarding the Hinkle Roundabout. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Kimley-Horn Photometric Study C. ID 21-822 Receive a report, hold a discussion, and give staff direction regarding the FY 2020-21 Budget, Capital Improvement Program, Rates and Five-Year Financial Forecast for Water, Wastewater (Drainage), and Solid Waste Funds. Attachments: Exhibit 1 - Agenda Informaiton Sheet Exhibit 2 - Water Presentation Exhibit 3 - Wastewater Presentation Exhibit 4 - Solid Waste Presentation Page 2 Printed on 4/23/2021 City Council Meeting Agenda April 27, 2021 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: A. ID 21-845 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consult with the City’s attorneys on the handling and disclosure of confidential and attorney/client privileged documents and information where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and 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. NOTE: Any item for which a formal action at the Special 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. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to consider the following items: 1. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – 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 21-754 Consider approval of the minutes of April 13, 2021. Attachments: Exhibit 1 - April 13, 2021 Minutes Draft B. ID 21-501 Consider approval of a resolution of the City of Denton stating no objection to the JES Page 3 Printed on 4/23/2021 City Council Meeting Agenda April 27, 2021 Dev Co, Inc. 4% housing tax credit application to Texas Department of Housing and Community Affairs for proposed new construction of Pebblebrook Parkside Apartments in Denton, Texas to provide affordable rental housing; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution C. ID 21-746 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and James R. Kirkpatrick, Architect, Inc. dba Kirkpatrick Architecture Studio, amending the contract approved by City Council on October 6, 2020, in the not-to-exceed amount of $116,955.00; amended by Amendment 1 approved by Purchasing; said second amendment to provide additional engineering and construction services for 909 North Loop 288 for Community Services; providing for the expenditure of funds therefor; and providing an effective date (File 7453 - providing for an additional second amendment expenditure amount not-to-exceed $404,150.00, with the total contract amount not-to-exceed $526,920.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Amendment 1 Exhibit 4 - Ordinance and Amendment 2 D. ID 21-748 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 Daikin Applied Americas, Inc dba Daikin Applied, through the Buy Board Cooperative Purchasing Network Contract #631-20, for the repair, inspection, and maintenance of Daikin heating, ventilation, and air conditioning systems for City buildings for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (File 7550 - awarded to Daikin Applied Americas, Inc dba Daikin Applied, for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $200,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract E. ID 21-749 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 SEMA Construction, Inc., for the construction of the Mistywood, Craig, Freedom, and Chebi Street Reconstruction Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (CSP 7600 - awarded to SEMA Construction, Inc., in the not-to-exceed amount of $1,886,473.58). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Street Segments Exhibit 4 - Ordinance and Contract Page 4 Printed on 4/23/2021 City Council Meeting Agenda April 27, 2021 F. ID 21-751 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 SEMA Construction, Inc., for the construction of the Lido, Olympia, Fox Hollow, and Timberidge Street Reconstruction Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (CSP 7601 - awarded to SEMA Construction, Inc., in the not-to-exceed amount of $1,625,659.61). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Street Segments Exhibit 4 - Ordinance and Contract G. ID 21-752 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7603 for Photography Services for the Denton Parks & Recreation Department; and providing an effective date (RFP 7603). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance H. ID 21-753 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 Weatherproofing Services, LLC, for roofing, gutter, and downspout installation, maintenance and repair services on all City buildings; providing for the expenditure of funds therefor; and providing an effective date (RFP 7606 - awarded to Weatherproofing Services, 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 $1,500,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract I. ID 21-819 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 Whirlix Design, Inc., through the Buy Board Cooperative Purchasing Network Contract # 592-19, for the purchase and construction of Quakertown Park Playground Phase 2 for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File 7669 - awarded to Whirlix Design, Inc., in the not-to-exceed amount of $98,814.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Price Comparison Exhibit 3 - Ordinance and Contract Exhibit 4 - Playground Rendering 2. ITEM(S) FOR INDIVIDUAL CONSIDERATION A. ID 21-758 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal Page 5 Printed on 4/23/2021 City Council Meeting Agenda April 27, 2021 corporation, authorizing the City Manager, or their designee, to execute a contract with Curtco, Inc., for Crack Sealing Services for the Street Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7572 - awarded to Curtco, Inc., in the five (5) year not-to-exceed amount of $2,900,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Presentation Exhibit 4 - Ordinance and Contract 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://www.cityofdenton.com/en-us/government/open/agendas-minutes) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on April 23, 2021, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ 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. 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