City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, December 13, 2022 2:00 PM Council Work Session Room & Council Chambers Special Called Meeting 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 CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING IN THE COUNCIL CHAMBERS CITY COUNCIL CONSIDERATION OF THE PUBLIC HEARING ITEM(S) WILL BEGIN AT 6:30 P.M. IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Individuals may speak during a Council meeting under one of the following categories: Open Microphone: At regular meetings only, individuals can speak on any topic that is not on the agenda for no longer than four (4) minutes per individual. This portion of the meeting occurs immediately after the start of the regular meeting session. Please note, Council members cannot engage in a discussion on topics presented during this portion and there are limited slots available for this portion of the meeting. Comments on Agenda Items: Public comments can be given for any item considered by the Council, EXCEPT work session reports or closed meetings. Individuals are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Public comments are limited to three (3) minutes per citizen. Public Hearing Items: Individuals are limited to four (4) minutes per public hearing item. _________________________________________________________________________________ Individuals may participate by using one of the following methods: 1. In Person for Regular or Consent Agenda Items: Page 1 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 To provide in-person comments regular or consent agenda items (excluding public hearing items), Individuals must be present at the meeting and submit a speaker card (available at the meeting location) to the City Secretary prior to the item being called. 2. In Person for Public Hearing Items: For public hearing items, speaker cards are encouraged but not required. 3. eComment: The agenda is 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. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the City Council immediately upon submission and recorded by the City Secretary into the Minutes of the Meeting. 4. By Phone: Individuals may register to provide comments by phone. Instructions and a link to register to comment by phone will be available at www.cityofdenton.com/publicmeetings until noon of the meeting date. Residents will submit contact information using the link provided and receive further instructions via email on how to join the meeting by phone and provide comments. _________________________________________________________________________________ After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 13, 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 22-2576 Hold a discussion and give staff direction regarding Denton County Transit Authority updates to the City Council.. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Agenda Information Sheet Page 2 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 B. ID 22-1167 Receive a report, hold a discussion, and give staff direction regarding Audit Project 030 - Solid Waste Operations: Scale House Management. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Audit of Solid Waste Operations: Scale House Management Exhibit 3 - Presentation C. ID 22-1166 Receive a report, hold a discussion, and give staff direction regarding Audit Project 009 - Capital Projects Administration: Planning & Design Follow-Up Review and Audit Project 011 - Capital Projects Administration: Construction Follow-Up Review. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Follow-Up Review of Capital Project Administration - Planning & Design and Construction Audits Exhibit 3 - Presentation D. ID 22-2427 Receive a report, hold a discussion, and give staff direction regarding the Villas of Piney Creek original development, construction and existing condition of infrastructure regarding the Homeowner’s Association request to be dissolved. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 – Ordinance 95-0133 Exhibit 3 – Villas of Piney Creek Phase I Final Plat Exhibit 4 – Villas of Piney Creek HOA Declarations Exhibit 5 – Streets Photos Exhibit 6 – Drainage Photos Exhibit 7 – Light Pole Photos Exhibit 8 - Presentation E. ID 22-2523 Receive a report and hold a discussion with DENCO Area 9-1-1 staff. [Estimated Presentation/Discussion Time: 1 hour] Attachments: AIS - DENCO Presentation to Council F. ID 22-1679 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1). An interim Informal Staff Report on our goal to Vision Zero. 2). An ordinance preventing people adverse to the City or in active litigation from being nominated to a position serving on boards and commissions. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance 21-1837 - City Council Request Process Exhibit 3 - Presentation Page 3 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 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. 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 Called 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 in the Council Chambers to consider the following items: 4. CONSENT AGENDA Each of these items is recommended by Staff or a board, commission, and committee. Approval thereof will be strictly on the basis of the those 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. For those items recommended by a specific board, commission, or committee, the agenda item will reference that recommendation. To view the video of the related board, commission, or committee meeting, as applicable, a link can be found within the applicable supporting documentation (Exhibit 1). Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – AH). 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 22-2361 Consider approval of a resolution of the City of Denton providing the November 14, 2022 meeting absence of a Public Utilities Board member be excused; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution & Exhibits B. ID 22-2386 Consider approval of a resolution of the City of Denton providing the November 14, 2022 meeting absence of a Public Utilities Board Member be excused; and providing an effective date. Page 4 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution & Exhibits C. ID 22-249 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 Forestar (USA) Real Estate Group Inc., for the dedication of Park Land for a City Park and granting of a Public Access Easement for trail at the Eagle Creek Development; authorizing acceptance of land; and providing an effective date. The Parks, Recreation, and Beautification Board recommends approval (5-0). Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance.pdf Exhibit 3- Development Agreement.pdf Exhibit 4- Presentation.pdf Exhibit 5- Concept.pdf D. ID 22-1421 Consider adoption of an ordinance of the City of Denton authorizing the Special Instructor Agreement to be used between the City of Denton Parks and Recreation Department and Special Instructors to provide recreational classes and activities; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance.pdf Exhibit 3- Specialist Instructor Agreement.pdf E. ID 22-1432 Consider adoption of an ordinance of the City of Denton authorizing the Park Usage Agreement to be used between the City of Denton Parks and Recreation Department and individuals to conduct business within City of Denton Parks; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance.pdf Exhibit 3- Park Use Agreement.pdf F. ID 22-2113 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 CDI Cedar, LLC, a Texas limited liability company, for the conveyance of a Public Access Easement for a pocket park located at 216 W. Mulberry Street to the City; authorizing acceptance of the Public Access Easement; and providing an effective date. The Parks, Recreation, and Beautification Board recommends approval (4-0). Attachments: Exhibit 1- Agenda Information Sheet.pdf Exhibit 2- Ordinance.pdf Exhibit 3- Development Agreement.pdf Exhibit 4- Presentation .pdf Exhibit 5- Eagle Scout Project Plan.pdf Exhibit 6- LLC Verification.pdf Page 5 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 G. ID 22-2441 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or their designee, to sign letters of support to the Texas Commission on the Arts for qualified arts organizations within the Original Denton District cultural arts district; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet.pdf Exhibit 2- Ordinance.pdf H. ID 22-2307 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or their designee, to execute a Contract of Sale between the City of Denton, as “Buyer”, and Burch Family Farm, LTD (referred to herein as “Seller”), for the purchase of approximately 400 acres of land, more or less, for the purposes of the construction of Wastewater Treatment Facility and other public uses, being located in the J. W. Withers Survey, Abstract No. 1343, in the James Severe Survey, Abstract No. 1164, in the B.B.B. & C.R.R. Company Survey, Abstract No. 196, and in the W. M. Roark Survey, Abstract No. 1087, all located in the City and County of Denton, Texas, for a purchase price of approximately/up to $7,000,000.00; authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance - Rev Exhibit 3 - Location Map Exhibit 4 - Presentation I. ID 22-2325 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute and deliver to Atmos Energy Corporation a Temporary Construction Easement containing an approximate total of 138,050.00 square feet (3.169 acres) located near Mayhill Road in the City and County of Denton, Texas; providing for severability; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3- Location Map J. ID 22-2416 Consider adoption of an ordinance of the City of Denton, Texas abandoning, relinquishing, and vacating a seven square foot portion of the public utility easement granted to the City of Denton by Edward F. Wolski, M.D. dba M.A. Properties, recorded in Volume 5158 Page 3602, Real Property Records, Denton County, Texas; providing for the quitclaim thereof to Quincy Partners, LLC., a Texas limited liability company; providing for the terms and conditions of the abandonment, relinquishment and quitclaim made herein; providing for the indemnification of the City of Denton against damages arising out of the abandonment herein; providing for the consideration to be paid to the City of Denton; providing for severability and an effective date. Page 6 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Site map Exhibit 4 - Secretary of State Corporation members list Exhibit 5 - Ordinance K. ID 22-2490 Consider adoption of an ordinance of the City of Denton authorizing the execution of a contract of sale between the City of Denton, as buyer, and Mark Hicks Investments, LLC. (referred to herein as “seller”), for the purchase of approximately 40 acres of land for use as a new Solid Waste Transfer Station, being situated in the M. H. Davis Survey, Abstract No. 377, City of Denton, Denton County, Texas, located on Tom Cole Road, for the purchase price of Four Million Three Hundred Fifty-Six Thousand Dollars and no/100 ($4,356,000.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Location Map Exhibit 4 - LLC Member Check L. ID 22-2033 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Black Chamber of Commerce, Inc., for the 2023 Denton Blues Festival and Young Minority Entrepreneurs Institute Program sponsorship; and providing an effective date. ($4,000 cash sponsorship and $23,386.70 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance M. ID 22-2140 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Parks Foundation for the 2023 Dog Days of Denton sponsorship; and providing an effective date. ($10,672.26 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance N. ID 22-2133 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Parks Foundation for the 2023 Cinco de Mayo Festival sponsorship; and providing an effective date. ($26,585.33 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance O. ID 22-2179 Consider approval of a resolution of the City Council of the City of Denton authorizing and designating representatives of the City to act as custodian of the investment of public funds in the Texas local government investment pool (“TexPool”); delegating authority to Page 7 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 invest funds and act as custodian of investments purchased with local investment funds to TexPool; ratifying the agreement between the City of Denton and the Texas Comptroller of Public Accounts entered into on November 6, 2007; providing for a repealer; and providing for an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution R2007-037 Exhibit 3 Resolution P. ID 22-2180 Consider approval of a resolution of the City of Denton revising Administrative Policy Number 403.06 “Investment Policy”; and providing for an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 2022-2023 Red Lined Investment Policy Exhibit 3 Hilltop Securities Compliance Letter Exhibit 4 Resolution Q. ID 22-2181 Consider approval of a resolution of the City of Denton revising Administrative Policy Number 403.07 “Debt Service Management”; and providing for an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 FY22-23 Red Lined Debt Policy Exhibit 3 Resolution R. ID 22-2409 Consider adoption of an ordinance approving a joint funding agreement (“agreement”) for Water Resource Investigations by and between The City of Denton and the United States Geological Survey (USGS) related to continued support of the Hickory Creek Streamflow Station in the amount of $5,100.00 (agreement number: 23SJJFATX161000); authorizing the City Manager to execute and deliver the agreement; authorizing the expenditure of funds therefor; providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet - Rev Exhibit 2 - Contract and Agreement Exhibit 3 - Ordinance S. ID 22-2471 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 Kimley-Horn and Associates, Inc., amending the contract approved by the City Council on January 14, 2020, in the not-to-exceed amount of $1,398,600.00; amended by Amendments 1 - 3 approved by Purchasing and City Council; said fourth amendment to provide additional design engineer services and construction administration services in support of the Northwest Booster Pump Station and Water Transmission Main project; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-081 - providing for an additional fourth amendment expenditure amount not-to-exceed $100,000.00, with the total contract amount not-to-exceed $1,905,900.00). Page 8 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance, Contract, and Amendments Exhibit 3 - Ordinance and Amendment 4 T. ID 22-2473 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Black and Veatch Corporation, to provide detailed design, engineering, and project management for the Denton Energy Center (DEC) Winterization; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7804-007 - Professional Services Agreement for professional services awarded to Black and Veatch Corporation, in the not-to-exceed amount of $257,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract U. ID 22-2475 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 Schneider Electric Smart Grid Solutions, LLC, for the configuration and implementation of Arc FM Designer XI (DXI) for Denton Municipal Electric (DME); providing for the expenditure of funds therefor; and providing an effective date (RFP 7817 - awarded to Schneider Electric Smart Grid Solutions, LLC, 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 $683,277.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract V. ID 22-2477 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to utilize a contract through the Lower Colorado River Authority Contract Number 5539, for the purchase of 138kV and 345kV high voltage circuit breakers for Denton Municipal Electric; providing the expenditure of funds therefor; and providing an effective date (File 7995 - awarded to Siemens Energy, 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 $2,510,130.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract W. ID 22-2481 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Weaver Consultants Group, LLC, to provide professional services for the Operations and Maintenance of the Landfill Gas Collection and Control System (GCCS) at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7109-029 - Professional Services Agreement for professional services awarded to Weaver Consultants Group, LLC, in the not-to-exceed amount of $52,200.00). Page 9 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract X. ID 22-2483 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified professional services list of state certified engineers for substation and transmission line engineering for various projects for Denton Municipal Electric; and providing an effective date (RFQ 8031-1 - for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year term). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance Y. ID 22-2485 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 Harden Cabinets, LLC, for scrap utility pole disposal for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 8065 - awarded to Harden Cabinets, LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year term). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract Z. ID 22-2487 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive bids under RFP 8100, for Utility Scale Solar and/or Wind Energy for Denton Municipal Electric; and providing an effective date (File 8100). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance AA. ID 22-2492 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 2 to the contract between the City of Denton and Jagoe-Public Company, for additional work to the Hickory Creek Road Widening Project; providing for the expenditure of funds therefor; and providing an effective date (File 6903 - Change Order No. 2 in the not-to-exceed amount of $390,997.80, for a total contract award aggregated to $5,879,828.30). 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 AB. ID 22-2493 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 MoboTrex, Inc., for Page 10 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 the purchase of traffic hardware and signals, Section A - Signal and Pedestrian Heads and Line 36 of Section C - PTZ 1080P Camera Kit, to be stocked in the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (IFB 8090 - awarded to MoboTrex, Inc., 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 $660,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract AC. ID 22-2494 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 Consolidated Traffic Controls, Inc., for the purchase of traffic hardware and signals, Section B - Crossing Systems and Section C - Miscellaneous, to be stocked in the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (IFB 8090 - awarded to Consolidated Traffic Controls, Inc., 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 $1,350,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract AD. ID 22-2498 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 purchase of electric utility transformers for Denton Municipal Electric; and providing an effective date (File 8167 - awarded to Anixter Wesco Distributing, in the not-to-exceed amount of $560,475.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Declaration of Emergency Exhibit 3 - Ordinance AE. ID 22-2500 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 purchase of rebuilt electric utility transformers for Denton Municipal Electric; and providing an effective date (File 8169 - awarded to Solomon Corporation, in the not-to-exceed amount of $170,700.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Declaration of Emergency Exhibit 3 - Ordinance AF. ID 22-2501 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to the Professional Services Agreement between the City of Denton and HR Green, Inc., amending the contract approved by City Council on September 1, 2020, in the not-to-exceed amount Page 11 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 of $4,973,027.00, said first amendment to provide additional review of development construction projects for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7192 - providing for an additional first amendment expenditure amount not-to-exceed $1,800,000.00, with the total contract amount not-to-exceed $6,773,027.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 AG. ID 22-2502 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 Professional Services Agreement between the City of Denton and John Hoggard dba Utility Planning Network (UPN), amending the contract approved by the City Council on January 12, 2021, in the not-to-exceed amount of $200,000.00; said first amendment to provide project management and consulting services for development of a customer relationship management system and 311 contact center implementation for the Customer Service Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7485 - providing for an additional first amendment expenditure amount not-to-exceed $150,000.00, with the total contract amount not-to-exceed $350,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 AH. ID 22-2522 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, amending the City of Denton Procurement Policy; authorizing the City Manager to administer the policy and adopt procedures to implement the policy; providing a repealer clause and savings clause; providing a severability clause; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance 20-1001 and Procurement Policy Manual Exhibit 3 Redlined Procurement Policy Manual Exhibit 4 Ordinance 5. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 22-2308 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of land rights in approximately 50.415 acres of land for constructing a Waste Water Treatment Facility, generally located along Country Club Road, situated in the James W. Withers Survey Abstract No. 1343, in the Extra Territorial Jurisdiction of the City and County of Denton, Texas, and more particularly described in the Attached Exhibit “A” (collectively, the “Property Interests”); authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interests by agreement, if possible, including making all offers required by law; Page 12 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 authorizing the use of the power of eminent domain to condemn the property interests if agreements cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Recommended Motion Exhibit 4 - Location Map Exhibit 5 - Presentation 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 22-2396 Consider adoption of an ordinance of the City of Denton approving a Development Agreement between the City of Denton and Willowwood Investments relating to a modification of Bonnie Brae Street Phase 3 adjacent to 2315 Willowwood; authorizing City Manager to execute said Development Agreement; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Ordinance Exhibit 3 - Ordinance Exhibits A, B, and C B. ID 22-2444 Consider approval of a resolution of the City of Denton naming Carroll Trail located on Carroll Blvd.; naming Cross Timbers Park North Trail located in Cross Timbers Park (North); naming Cross Timbers Park South Trail located in Cross Timbers Park (South); naming McKenna Park Trail located in McKenna Park, naming Rayzor Ranch Park Trail located in Rayzor Ranch Park, naming Unicorn Lake Trail located on Unicorn Lake Blvd; naming Wheeler Ridge Park Trail located in Wheeler Ridge Park; and declaring an effective date. The Parks, Recreation, and Beautification Board recommends approval (5-0). Attachments: Exhibit 1- Agenda Information Sheet.pdf Exhibit 2- Resolution.pdf Exhibit 3- Naming Policy 20-2001.pdf Exhibit 4- Presentation.pdf Exhibit 5- Submitted Applications.pdf C. ID 22-2445 Consider approval of a resolution of the City of Denton naming building located at 3018 N. Bonnie Brae St. to Jane Malone Soccer Center; naming Audra property located at 1602 Audra Ln. to Audra Oaks park; naming Country Club Terrace property located at 5551 Country Club Rd. to Country Club Terrace; naming Laney property located at N. Trinity Rd. to Laney Lake Park; naming Mayhill property located at 2929 Spencer Rd. to Mayhill Preserve; naming tennis center property located at 1117 Riney Rd. to Denton Tennis Center; naming Parkside property located at 4800 block of Biddy Bye Ln. to Biddy Bye Park; naming Prose Prominence property located at 3300 block of Prose Prominence Pkwy. to Cooper Creek Park; naming Sagebrook property located at 6400 block Allred Rd. to Sagebrook Park; naming Villages of Carmel property located at Page 13 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 6000 Edwards Rd. to Villages of Carmel Park; naming Vintage Village property located at Vintage Blvd. to Tamarack Park; and declaring an effective date. The Parks, Recreation, and Beautification Board recommends approval (5-0). Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Resolution.pdf Exhibit 3- Naming Policy 20-2001.pdf Exhibit 4- Presentation.pdf Exhibit 5- Submitted Applications.pdf D. ID 22-2446 Consider approval of a resolution of the City of Denton naming Baseball Field #3 located at Evers Park Rodney Mooneyham Field; and declaring an effective date. The Parks, Recreation, and Beautification Board recommends denial (1-3). Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Resolution.pdf Exhibit 3- Naming Policy 20-2001.pdf Exhibit 4- Presentation.pdf Exhibit 5- Submitted Applications.pdf E. ID 22-2479 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 Mountain Cascade of Texas, LLC, for the construction of the Northwest Water Transmission Main Project for the Water/Wastewater Utilities and Capital Projects/Engineering Departments; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7968-002 - awarded to Mountain Cascade of Texas, LLC, in the not-to-exceed amount of $15,614,291.70). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - LLC Members Exhibit 4 - Presentation Exhibit 5 - Ordinance and Contract F. ID 22-2495 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute Change Order No. 3 to the Owner-Construction Manager Agreement with Thos. S. Byrne, Inc., for the replenishment of Owner’s Contingency in the GMP for the renovation of police headquarters and construction of the police substation and firing range; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7249 - CMAR Change Order No. 3 awarded to Thos S. Byrne, Inc., in the not-to-exceed amount of $4,831,479.00, for a total contract award aggregated to $56,870,880.00). Page 14 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and GMP Amendment 1 Exhibit 4 - Ordinance and Change Order 1 Exhibit 5 - Change Order 2 Exhibit 6 - Presentation Exhibit 7 - Ordinance and Change Order 3 G. ID 22-2574 Consider an appointment to City Council Committee: Mobility Committee (ID 22-2436 tabled on the December 6, 2022 Council meeting). Attachments: Exhibit 1 - Agenda Information Sheet Exhbit 2 - Presentation 7. PUBLIC HEARINGS Note: Action on these items will occur on or after 6:30 p.m. in accordance with the published public notice. A. ID 22-1715 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the Solid Waste and Recycling Criteria Manual; and providing for severability, a savings clause and an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2 – Solid Waste and Recycling Criteria Manual Update Redline Version Exhibit 3 – Solid Waste and Recycling Criteria Manual Update Clean Version Exhibit 4 - Ordinance Exhibit 5 - Presentation B. ID 22-1716 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the Stormwater Criteria Manual; and providing for severability, a savings clause and an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2 – Stormwater Criteria Manual Update Redline Version Exhibit 3 – Stormwater Criteria Manual Update Clean Version Exhibit 4 - Ordinance Exhibit 5 - Presentation C. ID 22-1717 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the Transportation Criteria Manual; and providing for severability, a savings clause and an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2 – Transportation Criteria Manual Update Redline Version Exhibit 3 – Transportation Criteria Manual Update Clean Version Exhibit 4 - Ordinance Exhibit 5 - Presentation Page 15 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 D. ID 22-1718 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the Water and Wastewater Criteria Manual; and providing for severability, a savings clause and an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2 – Water and Wastewater Criteria Manual Update Redline Version Exhibit 3 – Water and Wastewater Criteria Manual Update Clean Version Exhibit 4 - Ordinance Exhibit 5 - Presentation E. ID 22-1988 Hold a public hearing inviting citizens to comment on the HOME-ARP Allocation Plan for the City of Denton. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - DRAFT HOME-ARP Allocation Plan Exhibit 3 - HOME-ARP Notice CPD-21-10 Exhibit 4 - Presentation 8. 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 December 9, 2022, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ CITY SECRETARY Page 16 Printed on 12/13/2022 City Council Meeting Agenda December 13, 2022 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 17 Printed on 12/13/2022