City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, March 21, 2023 12:00 PM Council Work Session Room Special Called Meeting WORK SESSION BEGINS AT 12:00 P.M. IN THE COUNCIL WORK SESSION ROOM CONSIDERATION OF THE CONSENT AGENDA WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION 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: 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: Page 1 Printed on 3/21/2023 City Council Meeting Agenda March 21, 2023 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, March 21, 2023, at 12:00 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. This section includes questions members of the City Council direct to staff on any item listed on this agenda. Answers are compiled in a report and provided to the City Council and members of the public by clicking on Exhibit 1 of the item below. The link found within the document will provide access to the supporting documentation. The report will be available prior to start of the meeting. Any handouts distributed at the meeting will also be uploaded to the below link by 12:00 p.m. on the business day following the meeting. A. ID 23-624 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet 3. Work Session Reports A. ID 22-2443 Receive a report, hold a discussion, and give staff direction regarding Audit Project 031 - Recreation Facility Operations. [Estimated Presentation/Discussion Time: 15 minutes] Page 2 Printed on 3/21/2023 City Council Meeting Agenda March 21, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Audit of Recreation Facility Operations Exhibit 3 - Presentation B. ID 23-148 Receive a report, hold a discussion, and give staff direction regarding Audit Project 019 - Municipal Court Payments: Follow-Up Review. [Estimated Presentation/Discussion Time: 15 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Follow-Up Review of the Municiple Court Payments Audit Exhibit 3 - Presentation C. ID 23-147 Receive a report, hold a discussion, and give staff direction regarding proposals from the Board of Ethics to amend the Ethics Ordinance and Board of Ethics’ Rules of Procedure. [Estimated Presentation/Discussion Time: 60 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Letter of Proposed Amendments Exhibit 3 - Redlined Ethics Ordinance Exhibit 4 - Redlined Board of Ethics Rules of Procedure Exhibit 5 - Presentation Exhibit 6 - Informal Staff Report - Proposal Background & Research NOTE: 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 Work Session, the City Council will convene in a Special Called Meeting in the Council Work Session Room 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, Page 3 Printed on 3/21/2023 City Council Meeting Agenda March 21, 2023 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 – R). 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 23-026 Consider approval of the minutes of the March 7, 2023 Meeting. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - March 7, 2023 Minutes B. ID 23-056 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Zoning Board of Adjustment. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List C. ID 23-506 Consider approval of a resolution of the City of Denton providing the February 25, 2023 meeting absence of a Community Services Advisory Committee Member be excused; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution & Exhibit D. ID 23-399 Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager to execute an interlocal cooperation agreement with the City of Lewisville, Texas, for the transfer to the Lewisville Police Department its share ($20,551.00) of the proceeds of the U.S. Department of justice - Office of Justice Programs - Edward Byrne Justice Assistance Grant (JAG Grant), in the form of a TruNarc hand-held narcotic analyzer, kits, and warranty; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance and Agreement (REV) E. ID 23-528 Consider approval of a resolution of the City of Denton ratifying the submission of an application to the Federal Emergency Management Agency (FEMA) 2022 Staffing for Adequate Fire and Emergency Response (SAFER) grant in the amount of $2,178,000 to fund the salaries and benefits of six full-time employees to staff an aerial truck; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution F. ID 23-554 Consider approval of a resolution of the City of Denton approving the Art and Cultural Relief Grant program; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Notice of Funding Opportunity Exhibit 3 Resolution Page 4 Printed on 3/21/2023 City Council Meeting Agenda March 21, 2023 G. ID 23-529 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, 2023 State Homeland Security Program (SHSP) grant program funded through the US Department of Homeland Security in the amount of $100,000 for a chemical detector; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution H. ID 23-458 Consider adoption of an ordinance of the City of Denton granting the TW Restaurant Holder, LLC dba Hooters of Denton, a noise exception for the Hooters Crawfish Boil on Saturday, March 25, 2023, from 2 p.m. to 8 p.m., at 985 S Interstate 35; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3- LLC Verification I. ID 23-578 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or designee, to execute a Letter Donation Agreement and accept the gift and dedication of a fee simple interest in approximately 3.7928 acres of land located in the Thomas Toby Survey, Abstract No. 1285, and being a portion of that certain Section 3, Tract Five; City and County of Denton, Texas; and providing for a severability and an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Ordinance Exhibit 3 - Site Location Map J. ID 23-516 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 Fannin Tree Farm Sales, LLC., for the purchase and installation of trees within parks, medians, right of ways, public buildings, and other City locations for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB-BV 8136 - awarded to Fannin Tree Farm Sales, 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 $1,701,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Ordinance and Contract K. ID 23-582 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 & Veatch Corporation, for Advanced Metering Infrastructure Deployment Program Management - Proof of Concept for the Water Metering Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7574-023 - Professional Services Agreement for planning services awarded to Black & Veatch Corporation, in the not-to-exceed amount of $185,687.00). The Public Utilities Board Page 5 Printed on 3/21/2023 City Council Meeting Agenda March 21, 2023 recommends approval (7 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract L. ID 23-583 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 Our Daily Bread, Inc., for the provision and supervision of temporary labor for the Solid Waste and Recycling Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7988 -awarded to Our Daily Bread, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,040,803.00). The Public Utilities Board recommends approval (7 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract M. ID 23-584 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive statements of qualifications under RFQ 8061 for the Asset Management Vision for the Water Utilities Department; and providing an effective date (RFQ 8061). The Public Utilities Board recommends approval (7 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance N. ID 23-585 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 Andritz Separation Inc., for the purchase of one (1) refurbished belt press as a replacement at the Pecan Creek Water Reclamation Plant for the Water Reclamation Department, which is the sole provider of this commodity, 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 8180 - awarded to Andritz Separation Inc., in the not-to-exceed amount of $278,500.00). The Public Utilities Board recommends approval (7 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract O. ID 23-586 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 Patel & Patel General Partners dba Deluxe Inn, amending the contract approved by the City Council on December 7, 2021, in the not-to-exceed amount of $1,000,000.00; said first amendment to continue to provide accommodations for persons experiencing homelessness during the declared disaster related to COVID-19 for the Community Development Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7829 - providing for an additional first amendment expenditure amount not-to-exceed $250,000.00, with the total contract amount not-to-exceed $1,250,000.00). Page 6 Printed on 3/21/2023 City Council Meeting Agenda March 21, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Orginial Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 P. ID 23-587 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 8117 for the Transitional Housing Project for the Community Development Department; and providing an effective date (RFP 8117). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Q. ID 23-588 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 Fun Abounds, Inc., through the Buy Board Cooperative Purchasing Network Contract # 679-22, for the construction of the McKenna Park Improvements for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File 8183 - awarded to Fun Abounds, Inc., in the not-to-exceed amount of $167,806.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Equipment Information & Specifications Exhibit 3 - Ordinance and Contract R. ID 23-589 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 Anixter Inc., for concrete street lights and concrete aggregate poles for the Denton Municipal Electric Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 8191 - awarded to Anixter Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) years not-to-exceed amount of $1,125,000.00). The Public Utilities Board recommends approval (7 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract 5. CONCLUDING ITEMS Page 7 Printed on 3/21/2023 City Council Meeting Agenda March 21, 2023 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 March 17, 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. 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