City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, June 28, 2022 2:00 PM Council Chambers & Council Work Session Room WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL WORK SESSION ROOM CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Public comments can be given for any item considered by the council, EXCEPT work session reports or closed meetings. Citizens are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Comments are limited to 3 minutes per citizen. Citizens are limited to 4 minutes per public hearing item. Citizens are able to participate in one of the following ways: • eComment – On June 24, 2022, the agenda was posted online at https://tx-denton.civicplus.com/242/Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Within eComment, 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 ability to make an eComment will be closed. Similar to when a citizen submits a white card to indicate their position on an item, the eComments will be sent directly to members of the City Council immediately upon entry into the module 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 Page 1 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 • 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. • 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, June 28, 2022, 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 22-246 Receive a report, hold a discussion, and give staff direction regarding the FY 2022-23 Capital Improvement Program. [Estimated Presentation/Discussion Time: 3 hours] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - FY 22-23 Capital Plan Presentation Exhibit 3 - Preliminary Capital Plan Book B. ID 22-420 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) A Work Session to discuss a neighborhood opt-in responsive speed limit sign program. (2) A Work Session to discuss the City creating Public Facility Corporations to partner with developers to develop affordable housing in Denton. [Estimated Presentation/Discussion Time: 30 minutes] Page 2 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 Attachments: Exhibit 1 - Agenda Information Sheet - Pending Council Request Exhibit 2 - Ordinance 21-1837 - City Council Request Process Exhibit 3 - Presentation Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room 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 22-1343 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the legal status, expenses, strategy and options for resolution of litigation in Cause No. 22-4543-431, styled “Alison Maguire, Keri Caruthers, Tracy Runnels, and Emily Meisner v. Rosa Rios, in her Official Capacity as City Secretary of the City of Denton, Texas, the City of Denton, Texas, Donald Duff, in his Official Capacity as Representative of a Committee of Electors in the City of Denton, Texas; and, Frank Phillips, in his Official Capacity as Denton County Elections Administrator” pending in the 431st District Court, Denton 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 Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position in pending litigation. B. ID 22-1357 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys regarding a proposed resolution of the City of Denton affirming the rights of individuals to make private reproductive decisions and deprioritizing use of City resources for investigation or enforcement of laws related to reproductive healthcare; 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 Professional Conduct of the State Bar of Texas. C. ID 22-1361 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys regarding a Development Agreement with Legends Ranch Development, LLC, and consent to creation of the Legends Ranch Municipal Utility District of Denton County; 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 Professional Conduct of the State Bar of Texas. D. ID 22-1362 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys regarding ordering a recall election for the purpose of Page 3 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 determining whether City Council Member Alison Maguire shall be removed from District 4 of the City Council by recall; 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 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 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. Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. _________________________________________________________________________________ AFTER DETERMINING THAT A QUORUM IS PRESENT, THE REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL WILL CONVENE 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. PRESENTATIONS 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. Page 4 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 a. ID 22-1271 Mr. Stephen Dillenburg regarding betrayal of public trust, conscious disregard for life, fraudulent inducement of dangerous behavior from fiduciary positions (of trust.) b. ID 22-1318 Ms. Wanda Bowman regarding retaliation for filing grievances for denial of services, and oversight of United Way. c. ID 22-1319 Mr. David Campos regarding the mental health crisis in our communities and the allocation of resources for proactive, science focused, evidence based, and trauma informed solutions. 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 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 – AQ). 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 22-812 Consider approval of the minutes of June 7, 2022 Meeting. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - June 7, 2022 Minutes - Draft B. ID 22-1226 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Community Services Advisory Committee, Denton Police Department Chief of Police Advisory Board, Internal Audit Advisory Committee, and Zoning Board of Adjustment. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List C. ID 22-1273 Consider approval of a resolution of the City of Denton providing the May 23, 2022 Page 5 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 meeting absence of a Board of Ethics Member be excused; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution & Exhibit D. ID 22-1274 Consider approval of a resolution of the City of Denton providing the May 23, 2022 meeting absence of a Board of Ethics Member be excused; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution & Exhibit E. ID 22-1036 Consider appointments to City Council Committees: Committee on the Environment and Mobility Committee. Attachments: Exhibit 1 - Agenda Information Sheet F. ID 22-1037 Consider appointments to the Community Partnership Committee. Attachments: Exhibit 1 - Agenda Information Sheet G. ID 22-1039 Consider approval of a resolution appointing members to the Discover Denton Advisory Board; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Proposed Resolution H. ID 22-1041 Consider approval of a resolution of the City of Denton appointing two (2) members to the Denton County Behavioral Health Leadership Team; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Proposed Resolution I. ID 22-1042 Consider approval of a resolution of the City of Denton appointing two (2) members to the Denton County Homelessness Leadership Team; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Proposed Resolution J. ID 22-1043 Consider approval of a resolution of the City of Denton appointing a member to the Denton County Workforce Success Leadership Team; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Proposed Resolution K. ID 22-1046 Consider approval of a resolution of the City of Denton appointing a member and proxy to the North Texas Commission; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Proposed Resolution L. ID 22-1047 Consider approval of a resolution of the City of Denton appointing a Primary Member and Alternate Member as official voting representatives to the North Central Texas Council of Governments’ Regional Transportation Council; and declaring an effective Page 6 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Proposed Resolution M. ID 22-436 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City of Denton and The Salvation Army, a Georgia Corporation for the payment and use of Nonprofit Capacity Support Grant funding; providing for the expenditure of funds in an amount not to exceed $79,156.00; and providing an effective date. [Council Priority] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 – CSAC Funding Recommendation Chart Exhibit 3 - Ordinance N. ID 22-876 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Denton County Friends of the Family to provide Community Development Block Grant funds for pre-development costs for the construction of The Family Justice Center in Denton, Texas; authorizing the expenditure of funds not to exceed $402,327; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit - Denton County Friends of the Family Ordinance-Agreement Exhibit 3 - 2021-22 Action Plan - Substantial Amendment Exhibit 4 - HUD letter dated May 31, 2022 O. ID 22-800 Consider approval of a resolution of the City of Denton adopting Policy No. 107.03 “Vacation Leave” of the City of Denton Policies and Procedures Manual; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - Revised Policy 107.03 Vacation Leave with Admin Procedures (for reference) P. ID 22-1049 Consider approval of a resolution of the City of Denton adopting Policy No. 111.06 “Death in the Family Leave” of the City of Denton Policies and Procedures Manual; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - Revised Policy No. 111.06 with Admin Procedure (for reference) Q. ID 22-1205 Consider approval of a resolution of the City of Denton adopting Policy No. 410.01 “Health, Safety, and Environmental Policy” of the City of Denton Policies and Procedures; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - New Policy 410.01 Health, Safety, and Environmental Policy Page 7 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 R. ID 22-861 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to enter into a Development Agreement between the City of Denton and TX Legacy Denton, LP., for the granting of a Public Access Easement for a park trail and a temporary construction easement on the Legacy multi-family development; and providing an effective date. The Parks, Recreation, and Beautification Board recommends approval (5-0). *[Council Priority-Conduct Park Planning] Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3- Development Agreement Exhibit 4- Presentation S. ID 22-968 Consider adoption of an ordinance of the City of Denton approving an Assignment of Airport Lease from 3KAM Real Estate, LLC to DTO 4858 LLC of an Airport Lease covering property at 4858 Lockheed Lane, Denton, Texas at the Denton Enterprise Airport; amending the existing airport lease; authorizing the City Manager to execute the Assignment of Airport Lease; and providing an effective date. Airport Advisory Board recommends approval (4-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Request to Assign Exhibit 4 - Ordinance - Consent to Lease Assignment Exhibit 5 - LLC Information T. ID 22-1247 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 Techline, Inc., amending the contract approved by City Council on September 18, 2018, in the not-to-exceed amount of $11,000,000.00; said first amendment to continue to provide overhead and underground transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 6778 - providing for an additional first amendment expenditure amount not-to-exceed $2,750,000.00, with the total contract amount not-to-exceed $13,750,000.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 U. ID 22-1248 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a fourth amendment to a Professional Services Agreement between the City of Denton and Halff Associates, Inc., amending the contract approved by City Council on November 6, 2018, in the not-to-exceed amount of $837,900.00, amended by Amendments 1-3 approved by Procurement and City Council, said fourth amendment to provide a Drainage Study on Oakland Street for the Capital Improvement Projects Department; providing for the expenditure of funds Page 8 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 therefor; and providing an effective date (File 6590-041 - providing for an additional fourth amendment expenditure amount not-to-exceed $84,000.00, with the total contract amount not-to-exceed $1,140,040.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Amendment 1 Exhibit 4 - Amendment 2 Exhibit 5 - Ordinance and Amendment 3 Exhibit 6 - Ordinance and Amendment 4 V. ID 22-1249 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 Infra Construction, LLC, for the installation of a gravity retaining wall as part of the Locust to Hickory Transmission Line Reconstruction project; providing for the expenditure of funds therefor; and providing an effective date (IFB 7947 - awarded to Infra Construction, LLC, in the not-to-exceed amount of $137,123.80). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract W. ID 22-1251 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 Subnet Solutions, Inc., for the purchase of substation Remote Terminal Unit (RTU) software and Human Machine Interface (HMI) software for Denton Municipal Electric, 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; providing for the expenditure of funds therefor; and providing an effective date (File 7874 - awarded to Subnet Solutions, 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 $306,940.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract X. ID 22-1252 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 Ferguson Facilities Supply dba Ferguson Enterprise, Inc., through the Buy Board Cooperative Purchasing Contract # 657-21, for Building Maintenance, Repair, and Operations Supplies and Equipment for various City Departments; providing for the expenditure of funds therefor; and providing an effective date (File 8037 - awarded to Ferguson Facilities Supply dba Ferguson Enterprise, Inc., in the five (5) year not-to-exceed amount of $645,000.00). Page 9 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Index Exhibit 3 - Ordinance Y. ID 22-1253 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 Roadway Asset Services, LLC, for parking lot and roadway pavement condition survey services for the Streets Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7954 - awarded to Roadway Asset Services, LLC, in the six (6) year not-to-exceed amount of $730,630.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract Z. ID 22-1254 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 GTS Technology Solutions, Inc., through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Nos. DIR-CPO-4751; DIR-CPO-4754 ; DIR-CPO-4920; DIR-TSO-4174; DIR-TSO-4025 under the Panasonic System Communications Company as a reseller; DIR-TSO-3763 for Products & Related Services under the Dell Marketing, L.P. as a reseller, for the Technology Services, Police, Fire, Animal Services, and other City Departments; providing for the expenditure of funds therefor; and providing an effective date (File 8018 - awarded to GTS Technology Solutions, Inc., in the five (5) year not-to-exceed amount of $2,500,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - DIR Pricing Sheets Exhibit 3 - Ordinance AA. ID 22-1255 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 Thermo Scientific Portable Analytical Instruments Inc dba Thermo Scientific through the U.S. General Services Administration's (GSA) MAS Schedule GS-07F-6099R, for the purchase of two (2) portable narcotic detection devices for the Police Department; providing for the expenditure of funds therefor; and providing an effective date (File 8027 - awarded to Thermo Scientific Portable Analytical Instruments Inc dba Thermo Scientific in the not-to-exceed amount of $52,620.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Price Comparison Exhibit 3 - Quote Exhibit 4 - Ordinance AB. ID 22-1256 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal Page 10 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 corporation, authorizing the City Manager to execute a contract with Weatherproofing Services, L.L.C., for weatherization services for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7944 - awarded to Weatherproofing Services, L.L.C., 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 $1,500,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract AC. ID 22-1257 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 Mark III Systems Incorporated, through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract No. DIR-CPO-4419, for data storage, data communications, and networking equipment and related services; providing for the expenditure of funds therefor; and providing an effective date (File 8028 - awarded to Mark III Systems Incorporated, in the five (5) year not-to-exceed amount of $270,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Index Exhibit 3 - Ordinance AD. ID 22-1258 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 Professional Services Agreement between the City of Denton and Luminant Energy Company, LLC, amending the contract approved by the City Manager on April 13, 2018, in the not-to-exceed amount of $50,000.00; amended by Amendments 1-2 approved by City Council and Purchasing; said third amendment to continue to provide Compressed Natural Gas (CNG) for all City of Denton Fleet vehicles; providing for the expenditure of funds therefor; and providing an effective date (File 6795 - providing for an additional third amendment expenditure amount not-to-exceed $85,000.00, with the total contract amount not-to-exceed $259,500.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Contract Exhibit 3 - Ordinance and Amendment 1 Exhibit 4 - Amendment 2 Exhibit 5 - LLC Members Exhibit 6 - Ordinance AE. ID 22-1259 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 4 to the contract between the City of Denton and Quality Excavation, LLC, for the 2019 Street Reconstruction Bundle, with geographical limits as follows: Windsor Drive, from North Locust Street to east of Old North Road; Scripture Street from Thomas Street to Jagoe Street; Thomas Street Page 11 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 from Panhandle Street to Oak Street; and Hercules Lane from North Locust Street to Sherman Drive; providing for the expenditure of funds therefor; and providing an effective date (IFB 7237 - Change Order No. 4 in the not-to-exceed amount of $385,536.69, for a total contract award aggregated to $12,288,414.97). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Change Order 1 Exhibit 4 - Ordinance and Change Order 2 Exhibit 5 - Ordinance and Change Order 3 Exhibit 6 - LLC Members Exhibit 7 - Ordinance and Change Order 4 AF. ID 22-1260 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager for the emergency repair of the 20” Transmission Water Line under the railroad track between Inman Street and Locust Street for the Water Distribution Department; and providing an effective date (File 7908 - awarded to Construction Product Marketing, LLC, in the not-to-exceed amount of $113,500.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Declaration of Emergency Exhibit 3 - LLC Members Exhibit 4 - Ordinance AG. ID 22-1261 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 J.C. Commercial, Inc., for the Fleet Maintenance Expansion project; providing for the expenditure of funds therefor; and providing an effective date (CSP 7750 - awarded to J.C. Commercial, Inc., in the not-to-exceed amount of $5,692,326.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract AH. ID 22-1266 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 Axon Enterprise, Inc., through the Sourcewell Cooperative Purchasing Network Contract Number 010720-AXN, for the purchase of Police In-Car Camera Systems (Axon Fleet System) for Police Department’s new vehicles, including cameras, software, peripherals, routers, maintenance, and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 8033 - awarded to Axon Enterprise, Inc., in the three (3) year not-to-exceed amount of $1,430,117.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract AI. ID 22-1278 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal Page 12 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 corporation, authorizing the approval of Change Order No. 1 to the contract between the City of Denton and The O’Haver Company, Ltd. dba O’Haver Contractors, for the additional work and extension of days necessary to complete the Fire Station 3 construction project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6899 - Change Order No. 1 in the not-to-exceed amount of $168,802.55, for a total contract award aggregated to $6,466,802.55). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Change Order 1 AJ. ID 22-1284 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive bids under IFB 7989 for the Supply of Fiber Optic Cable; and providing an effective date (IFB 7989). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance AK. ID 22-1285 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 Casco Industries, Inc., through the Buy Board Cooperative Purchasing Contract # 603-20, for turnout gear, protective clothing, and rescue gear for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date (File 8053 - awarded to Casco Industries, Inc., in the not-to-exceed amount of $406,727.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Contract Items and Pricing Exhibit 3 - Coop Pricing Exhibit 4 - Ordinance AL. ID 22-1286 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 Kubota Tractor Corporation, through the Sourcewell Cooperative Purchasing Network Contract Number 122220-KBA, for Kubota Off-Road Utility Vehicles (UTVs) for various City of Denton departments; authorizing the expenditure of funds therefor; and declaring an effective date (File 8035 - awarded to Kubota Tractor Corporation, in the five (5) year not-to-exceed amount of $600,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Cooperative Pricing Exhibit 3 - Ordinance AM. ID 22-1290 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Construction Manager at Risk contract with CORE Construction Services Of Texas, Inc., for pre-construction services for the construction of Fire Station No. 9 for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ Page 13 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 7967 - awarded to CORE Construction Services Of Texas, Inc., in the not-to-exceed amount of $25,000.00 for pre-construction services). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance and Contract AN. ID 22-1270 Consider adoption of an ordinance of the City of Denton ratifying and authorizing the City Manager, to execute an advance funding agreement with the Texas Department of Transportation for a project using funds held in the State Highway 121 subaccount-roadway improvements (off state system) providing for the extension of Mayhill Road as 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 Exhibit 2 - Location Map Exhibit 3 - Site Map Exhibit 4 - Ordinance Exhibit 5 - Agreement AO. ID 22-1272 Consider adoption of an ordinance of the City of Denton ratifying and authorizing the City Manager, to execute and deliver an Advance Funding Agreement with the Texas Department of Transportation for a project using funds held in the State Highway 121 subaccount providing for an expansion of Hickory Creek Road from a two-lane rural roadway to a four-lane divided urban roadway and intersection improvements on Hickory Creek Road from FM 1830 to Riverpass Drive in the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet (2) Exhibit 2 - Location Map Exhibit 3 - Site Map Exhibit 4 - Ordinance Exhibit 5 - Advanced Funding Agreement (AFA) AP. ID 22-1283 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the approval of Change Order No. 1 to the existing Advance Funding Agreement between the City of Denton and the Texas Department of Transportation (TxDOT) for relocation of public utility facilities along FM 2181 from Lillian Miller Parkway to west of FM 2499 in City of Denton, Denton County, Texas; providing an effective date (2054-02-015) - Change Order No. 1 in an amount not to exceed the sum of $56,907.78 for a total contract amount aggregated to ($2,216,736.81); authorizing the expenditure of funds therefor; and providing an effective date. Page 14 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 – Amendment Tabulation Sheet Exhibit 3 – Original Ordinance and Agreement Exhibit 4 - Ordinance AQ. ID 22-1336 Consider approval of a resolution of the City of Denton, concurring with the City Manager’s reorganization of the City’s administrative departments and divisions; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - Organization Chart (Exhibit A) 4. PUBLIC HEARINGS A. S22-0002e Hold a public hearing and consider adoption of an ordinance of the City of Denton approving a Specific Use Permit for a Multifamily Dwelling Use on approximately 11.891 acres of land, generally located on the east side of Woodrow Lane, approximately 1,365 feet south of East McKinney 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 an effective date. The Planning and Zoning Commission voted (4-2) to recommend approval of the request. (S22-0002e, Pathway Woodrow Multifamily, Julie Wyatt) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Future Land Use Map Exhibit 5 - Zoning Map Exhibit 6 - Proposed Site Plan Exhibit 7 - Proposed Landscape Plan Exhibit 8 - Conceptual Elevations Exhibit 9 - Notification Map and Responses Exhibit 10 - Presentation Exhibit 11 - Draft Ordinance 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 22-859 Consider adoption of an ordinance of the City of Denton, Texas authorizing the execution of a Development Agreement with Legends Ranch Development, LLC, concerning the Legends Ranch Municipal Utility District of Denton County encompassing approximately 542.536 acres of land located north of U.S. Hwy 380, east of Nail Road, and west of Thomas J. Egan Road, within Division I of the Extraterritorial Jurisdiction of the City of Denton, Texas; and other related matters; and providing an effective date. Page 15 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Development Agreement Exhibit 3 - TCEQ Order Granting the Petition for Creation of Legends Ranch Exhibit 4 - Legends Ranch Conceptual Plan B. ID 22-1351 Consider approval of a resolution of the City Council of the City of Denton, Texas consenting to the creation of Legends Ranch Municipal Utility District of Denton County, which lies within the extraterritorial jurisdiction of the City of Denton. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution C. ID 22-1352 Consider approval of a resolution of the City Council of the City of Denton, Texas consenting to the addition of certain land into Legends Ranch Municipal Utility District of Denton County. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution D. ID 22-1269 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute contracts for vehicle purchases for Fleet Services for a period of three (3) years; providing for the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Ordinance E. ID 22-1044 Consider approval of a resolution to appoint a member to the Board of Directors of the Texas Municipal Power Agency, a Texas Joint Powers Agency, to represent the City of Denton, a Texas Home-Rule Municipal Corporation; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominee Applications Exhibit 3 - Resolution Exhibit 4 - Presentation F. ID 22-1275 Consider approval of a resolution of the City of Denton affirming the rights of individuals to make private reproductive decisions and deprioritizing use of City resources for investigation or enforcement of laws related to reproductive healthcare; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Resolution G. ID 22-1227 Consider adoption of an ordinance ordering a recall election to be held on November 8, 2022 for the purpose of determining whether City Council Member Alison Maguire shall be removed from District 4 of the City Council by recall; prescribing the time, manner, Page 16 Printed on 6/27/2022 City Council Meeting Agenda June 28, 2022 and conduct of the election in accordance with an Election Agreement and Contract for election services with the Election Administrator of Denton County; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Certificate of Sufficiency Exhibit 3 - Draft Ordinance and Exhibits Exhibit 4 - Presentation 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 official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on June 24, 2022, 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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