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City Council

Regular Meeting

Denton, TX · January 10, 2023

Agenda

Agenda

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, January 10, 2023 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 PROCLAMATIONS, PRESENTATIONS FROM MEMBERS OF THE PUBLIC, AND CONSIDERATION OF PUBLIC HEARING(S) WILL BEGIN AT/AFTER 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. NOTE: An exception has been made for this 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: Page 1 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 1. In Person for Regular or Consent Agenda Items: 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, January 10, 2023, 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 22-2519 Receive a report, hold a discussion, and give staff direction regarding TxDOT Roadways and potentially amending the Mobility Plan for a roundabout at Eagle Drive, Bell Avenue, Page 2 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 Dallas Drive, and Locust Street along with an update on the current projects underway and the TxDOT roadways the City is working to take responsibility of. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation B. ID 22-2212 Receive a report, hold a discussion, and give staff direction regarding Audit Project 029 - Police Body-Worn Camera Usage. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Audit of Body-Worn Camera Usage Exhibit 3 - Presentation C. ID 22-2185 Receive a report, hold a discussion, and give staff direction regarding the Sustainability Framework Fund Workplan for FY 22-23. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - FY22-23 Sustainability Framework Fund Workplan Exhibit 3 - Presentation D. ID 22-2383 Receive a report, hold a discussion, and give staff direction to seek authorization from the Texas State Legislature for an economic development tool known as the qualified hotel project program. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation E. ID 22-2266 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1). A work session to get an update on homelessness efforts after opening the new shelter, with a focus on safety and the downtown area. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet - Pending Council Request Exhibit 2 - Ordinance 21-1837 Exhibit 3 - Presentation F. ID 21-2807 Receive an update regarding the Denton County Transit Authority (DCTA) from the City of Denton DCTA Board representative. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet (REV) Exhibit 2 – DCTA Audit Report for FY 2021 Exhibit 3 – DCTA FY 2023 Budget Exhibit 4 - Presentation (REV) Page 3 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 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 23-102 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys regarding DME’s filing an intervention in Docket No. 54507- Commission Staff’s Petition to Set 2023 Wholesale Transmission Service Charges for the Electric Reliability Council of Texas (2023 Matrix Docket), 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. 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 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: 1. 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). Page 4 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – AN). 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 23-020 Consider approval of the minutes of the November 17, November 22, November 29, December 6, and December 13, 2022 Meetings. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - November 17, 2022 Minutes Exhibit 3 - November 22, 2022 Minutes Exhibit 4 - November 29, 2022 Minutes Exhibit 5 - December 6, 2022 Minutes (REV) Exhibit 6 - December 13, 2022 Minutes B. ID 23-050 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Airport Advisory Board, Board of Ethics, Internal Audit Advisory Committee, and Library Board. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List C. ID 23-013 Consider approval of a resolution of the City of Denton providing the December 12, 2022 meeting absence of a Public Utilities Board Member be excused; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 – Draft Resolution & Exhibit D. ID 23-018 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 - Organizational Chart E. ID 23-188 Consider approval of a resolution authorizing the City of Denton, through its electric utility Denton Municipal Electric, to intervene in the Public Utility Commission of Texas (“PUCT”) Docket Number 54507 - Petition to Set 2023 Wholesale Transmission Service Charges for Electric Reliability Council of Texas; and providing an effective date. Attachments: Exhibit 2 - Resolution Exhibit 1 - AIS F. ID 23-076 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and University of North Texas, A Higher Education Agency of the State of Texas (UNT) for the North Texas Boulevard Widening and Improvements at Apogee Stadium Construction Project. Page 5 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 – Interlocal Agreement and Attachments G. ID 22-1865 Consider adoption of an ordinance of the City of Denton, Texas abandoning, relinquishing, and vacating a 7.309 acre portion of a public drainage easement granted to the City of Denton by Denton West Joint Venture, recorded by County Clerk File No. 2014-103670, the Real Property Records of Denton County, Texas; providing for the quitclaim thereof to Marksman Hunters Creek LLC; 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. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Site Map Exhibit 4 - Secretary of State members list Exhibit 5 - Ordinance H. ID 23-137 Consider adoption of an ordinance of the City of Denton approving a Development Agreement between the City of Denton and Willowwood Investments, LLC (“Owner”) relating to a modification of Bonnie Brae Street Phase 3 adjacent to 2315 Willowwood; authorizing the 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 Exhibit 4. LLC Member List I. ID 22-2542 Consider adoption of an Ordinance of the City of Denton, Texas, amending the expenditure of funds to authorize an increase of $131,069.00 for the payment of wholesale transmission charges to the lower Colorado river authority; declaring a public purpose; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance J. ID 22-2517 Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Ambulance Services Exhibit 2 Ordinance with Interlocal Cooperation Agreement and EMS FY 2023 Funding Formula K. ID 22-2518 Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Page 6 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 Denton and Denton County for Fire Protection Services; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Fire Exhibit 2 Ordinance with Interlocal Cooperation Agreement and Fire FY 2023 Funding Formula L. ID 22-2535 Consider approval of a resolution of the City of Denton adopting an updated Policy No. 106.07 “Longevity Pay” of the City of Denton Policies and Procedures; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - Revised Policy No. 106.07 with Admin Procedure (for reference) M. ID 22-2536 Consider approval of a resolution of the City of Denton repealing Policies No. 102.02 “Citizenship and Social Security Number”, 102.03 “Residency”, 102.04 “Minimum Age”, and 102.10 “Medical Examinations” to update and consolidate policy topics into one new policy; adopting a new Policy No. 102.00 “Eligibility for Employment” and including it in 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 102.00 with Admin Procedures (for reference) N. ID 22-2468 Consider adoption of an ordinance of the City of Denton approving a substantial amendment to the City’s 2021 Annual Action Plan for Housing and Community Development, including a Home Investment Partnerships Grant-American Rescue Plan (“Home-ARP”) Allocation Plan and an application and budget for the Home-ARP Grant in the amount of $1,763,622.00; authorizing the City Manager to sign and submit said amendment; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and HOME-ARP Allocation Plan Exhibit 3 - HOME-ARP Notice CPD-21-10 Exhibit 4 - 2021 Action Plan O. ID 22-2593 Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to an Airport Lease for THP Air, LLC covering property at 2200 Westcourt, Denton, Texas at the Denton Enterprise Airport; authorizing the City Manager to execute the First Amendment of Airport Lease; and providing an effective date. Airport Advisory Board recommends approval (7-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Ordinance - Lease Agreement Exhibit 4 - LLC Information P. ID 22-2594 Consider adoption of an ordinance of the City of Denton stating its intent to request financial assistance from the Texas Department of Transportation for airport improvements; authorizing the City Manager to accept on behalf of the City an offer from Page 7 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 the Texas Department of Transportation (“TxDOT”) relating to a grant of $607,700 for design costs with the City responsible for ten percent of total project costs; requiring the City to provide $60,770 in contributory funds for design of the anticipated improvements to complete the runway reconstruction project at the Denton Enterprise Airport with an estimated total project cost of $19,888,000; and providing for an effective date. The Airport Advisory Board recommends (7-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance - APPA Agreement Exhibit 3 - Designation of Sponsor Q. ID 22-2573 Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2022 State Homeland Security Program (SHSP) grant program funded through the US Department of Homeland Security in the amount of $14,000 for a decontamination kit; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution R. ID 22-2571 Consider approval of a resolution of the City of Denton ratifying the submission of an application to the State of Texas, Office of the Governor, 2022 Urban Area Security Initiative (UASI) Specialized Regional Response Team Sustainment grant program funded through the US Department of Homeland Security in the amount of $138,267.26 for equipment; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution S. ID 22-2600 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce, Inc., for the payment and use of hotel tax revenue in support of the Denton Blues Festival; and providing an effective date. ($45,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance T. ID 22-2601 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Film Festival Institute, Inc., for the payment and use of hotel tax revenue in support of the Denton Black Film Festival; and providing an effective date. ($51,500 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance U. ID 22-2602 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce, Inc., (Discover Denton) for the payment and use of hotel tax revenue in Page 8 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 support of Discover Denton; and providing an effective date. ($1,582,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance V. ID 22-2603 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Denton Community Market, Inc., for the payment and use of hotel tax revenue in support of the Denton Community Market; and providing an effective date. ($68,400- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance W. ID 22-2604 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Denton County Museums; and providing an effective date. ($240,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance X. ID 22-2605 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation, Inc., for the payment and use of hotel tax revenue in support of the Denton Arts and Jazz Festival; and providing an effective date. ($125,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Y. ID 22-2606 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc., for the payment and use of hotel tax revenue in support of the Denton Holiday Lighting Festival; and providing an effective date. ($50,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Z. ID 22-2607 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Denton Central Business District Association, Inc., for the payment and use of hotel tax revenue in support of the Denton Main Street Association; and providing an effective date. ($52,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Page 9 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 AA. ID 22-2608 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Denton Parks Foundation, Inc., for the payment and use of hotel tax revenue in support of Cinco de Mayo Festival, Juneteenth Celebration, and Dog Days of Denton; and providing an effective date. ($104,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AB. ID 22-2609 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Denton Day of the Dead Festival, Inc., for the payment and use of hotel tax revenue in support of the Denton Day of the Dead Festival; and providing an effective date. ($50,000- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AC. ID 22-2610 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council, Inc., for the payment and use of hotel tax revenue in support of art exhibitions and programming; and providing an effective date. ($160,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AD. ID 22-2611 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association, Inc., for the payment and use of hotel tax revenue in support of the North Texas Fair and Rodeo; and providing an effective date. ($245,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AE. ID 22-2612 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association for the payment and use of hotel tax revenue in support of the City of Denton Texas Storytelling Festival; and providing an effective date. ($59,055- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AF. ID 22-2613 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Denton Community Theatre (Theatre Denton) for the payment and use of hotel tax revenue in support of the 2023 Performance Season; and providing an effective date. ($27,000- Community Partnership Committee recommends approval 3-0) Page 10 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AG. ID 22-2614 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Texas Filmmakers’ Corporation for the payment and use of hotel tax revenue in support of the Thin Line Fest; and providing an effective date. ($35,000- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AH. ID 22-2615 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and the Texas Veterans Hall of Fame Foundation for the payment and use of hotel tax revenue in support of programming and ceremonies; and providing an effective date. ($35,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AI. ID 23-009 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Benefit League for the expenditure of council contingency funds in the amount of $250; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Council Contingency Request Exhibit 3 Ordinance AJ. ID 23-077 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 Last Chance Redi-Mix LLC, for the disposal of spoil materials resulting from internal City construction and maintenance for multiple departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 8115 - awarded to Last Chance Redi-Mix 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 $1,470,000.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract - 2023 AK. ID 23-078 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying a contract extension between the City of Denton and Dustrol, Inc., through December 5, 2023, to continue providing street milling services for the Streets Department; and declaring an effective date (File 6726 - extending a contract with Dustrol, Inc., to December 5, 2023). Page 11 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Amendment 1 Exhibit 4 - Ordinance and Amendment 2 AL. ID 23-081 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 Connect Technology Group, LLC, amending the contract approved by the City Council on June 2, 2020, in the not-to-exceed amount of $983,850.00; said first amendment to provide additional structured data cabling services for construction/renovation projects within existing facilities, and projected new construction for voice and data communications supporting daily operations; providing for the expenditure of funds therefor; and providing an effective date (RFP 7260 - providing for an additional first amendment expenditure amount not-to-exceed $245,000.00, with the total contract amount not-to-exceed $1,228,850.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinace and Contract Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Amendment AM. ID 23-082 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 D&S Engineering Labs, LLC, to provide materials testing of soil & aggregate, concrete, masonry, steel, and asphalt materials related to Fire Station # 9 for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7703-005 - Professional Services Agreement for professional services awarded to D&S Engineering Labs, LLC, in the not-to-exceed amount of $82,935.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract AN. ID 23-101 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to authorize the spend for an insurance binder to Archer Contingent Energy Risk, LLC, for forced outage insurance of the Denton Energy Center for the Winter of 2023; providing for the expenditure of funds therefor; and providing an effective date (RFP 8163 - authorizing the spend for Power Plant Forced Outage Insurance Coverage and awarding such insurance binder to Archer Contingent Energy Risk, LLC, in the Winter of 2023 not-to-exceed amount of $650,000.00). Page 12 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance 2. ITEM(S) FOR INDIVIDUAL CONSIDERATION A. A22-0001c Conduct the second of two readings of an ordinance of the City of Denton, Texas annexing approximately 18.60 acres of land, generally located approximately 500 feet north of US 380 (University Drive) and east of Thomas J. Egan Road into the City of Denton, Denton County, Texas; providing for a correction to the city map to include the annexed land; and provide for a savings clause and an effective date. (A22-0001c, 380 and Thomas J Egan, Ron Menguita) Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Site Location Map Exhibit 3. Future Land Use Map Exhibit 4. Current Zoning Map Exhibit 5. Conceptual Site Plan Exhibit 6. Draft Annexation Ordinance (REV) Exhibit 7. Presentation Note: Action on the following items will occur on or after 6:30 p.m. in accordance with any applicable published public notice. 3. PROCLAMATIONS/PRESENTATIONS A. ID 22-2597 Recognition: Plaque in appreciation to the City for support of the Texas Veteran’s Hall of Fame. B. ID 22-2271 Proclamation: City of Denton Teen Council C. ID 23-019 Proclamation: Denton 360° D. ID 23-052 Proclamation: Alpha Kappa Alpha Sorority, Incorporated Founders' Day 4. 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. Page 13 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 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. a. ID 23-012 Mr. Stephen Dillenburg regarding Tough Love 2023. 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. 5. PUBLIC HEARING(S) A. Z22-0020a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Residential 7 (R7) to Public Facilities (PF) District on approximately 15.14 acres of land generally located on the south side of Riney Road, approximately 560 feet east of Bonnie Brae Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [7-0] to recommend approval of the request. Motion for approval by Commissioner Smith and second by Commissioner Anderson. (Z22-0020a, Riney Elementary, Julie Wyatt) Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Staff Analysis Exhibit 3. Site Location Map Exhibit 4. Existing Zoning Map Exhibit 5. Proposed Zoning Map Exhibit 6. Future Land Use Map Exhibit 7. Table of Allowed Uses Exhibit 8. Notification Map and Responses Exhibit 9. Presentation Exhibit 10. Draft Ordinance Page 14 Printed on 1/12/2023 City Council Meeting Agenda January 10, 2023 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 January 6, 2023, 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. Page 15 Printed on 1/12/2023

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