City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, April 18, 2023 2:00 PM Council Work Session Room & Council Chambers WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL WILL RECESS AFTER CONSIDERATION OF WORK SESSION ITEMS 1 AND 2 TO CONVENE IN A CLOSED MEETING IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL WILL RECONVENE THE WORK SESSION FOLLOWING THE CLOSED MEETING IN THE COUNCIL WORK SESSION ROOM. REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL 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. City of Denton Page 1 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 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, April 18, 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. 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 23-633 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet City of Denton Page 2 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 3. Recess of the Work Session The City Council will recess to a Closed Meeting in the Work Session Room, consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, to consider the following items: 1. Closed Meeting: A. ID 23-841 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the legal status, expenses, strategy, and options for resolution of litigation issues associated with the “Application of Denton Municipal Electric to Change Rates for Wholesale Transmission Service” pending before the Public Utility Commission of Texas under Docket No. 52715; where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and Denton Municipal Electric (DME) under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position. B. ID 23-764 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive competitive and financial public power information from staff related to a Power Purchase Agreements between the City of Denton, as the seller of power and electric energy services, and TT of Denton, Inc., (Toyota of Denton) a Texas corporation, as buyers of power and electric energy services; discuss and deliberate actions regarding the same. Consultation with the City’s attorneys regarding legal issues associated with the above matters where a 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 would jeopardize the City’s legal position in any administrative proceeding or potential litigation. C. ID 23-835 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation with City’s attorneys regarding legal issues associated the Aggressive Solicitation Ordinance where a 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 Texas Disciplinary Rules of Professional Conduct of State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. City of Denton Page 3 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 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. Following the completion of the Closed Meeting, the City Council will reconvene the Work Session in the Council Work Session Room to consider the following additional items: 4. Work Session Reports A. ID 23-151 Receive a report, hold a discussion, and give staff direction regarding Audit Project 032 - Fleet Operations: Fuel Management. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Audit of Fleet Services Operations - Fuel Management Exhibit 3 - Presentation B. ID 22-1281 Receive a report, hold a discussion, and give staff direction regarding Aggressive Solicitation policy in the City of Denton. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2 – Presentation Exhibit 3 – Redline Ch. 16, ART. III, Sec. 16-72 Exhibit 4 – Redline Ch. 21 ART. 1 Sec 21.6 C. ID 23-661 Receive a report, hold a discussion, and give staff direction regarding implementable components of Proposition B. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2. Presentation (REV) D. ID 23-213 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1) Request for a Work Session to discuss traffic safety on West US 380. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance 21-1837 Exhibit 3 - Presentation City of Denton Page 4 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. _________________________________________________________________________________ AFTER DETERMINING THAT A QUORUM IS PRESENT, THE REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL WILL CONVENE AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A. ID 23-611 Proclamation: National Volunteer Week Attachments: April 16-22, 2023 National Volunteer Week B. ID 23-711 Proclamation: National Library Week Attachments: April 23-29, 2023 National Library Week C. ID 23-834 Proclamation: Building Safety Month Attachments: May 2023 Building Safety Month D. ID 23-686 Proclamation: Child Abuse Prevention Month Attachments: April 04, 2023 Child Abuse Prevention Month E. ID 23-776 Proclamation: Sexual Assault Awareness Month Attachments: April 2023, Sexual Assault Awareness Month 3. 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. City of Denton Page 5 Printed on 5/19/2023 City Council Meeting Agenda April 18, 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 23-839 Ms. Nell Yeldell regarding utility issues at 514 and 516 E. Prairie Street. b. ID 23-857 Mr. Nick Stevens regarding City of Denton’s Refusal to Enforce Proposition B. c. ID 23-861 Mr. Stephen Dillenburg regarding Campaign and General Welfare of Denton Status Update and Query. d. ID 23-862 Ms. Dana Dillenberg regarding bond packages and vaccine experience. 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. 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 – W). 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 23-028 Consider approval of the minutes of the April 4, 2023 (Joint Council with Denton City of Denton Page 6 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 ISD), and April 4, 2023 (Regular) Meetings. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - April 4, 2023 Joint Council with Denton DISD Meeting Minutes - Draft Exhibit 3 - April 4, 2023 Regular Meeting Minutes - Draft B. ID 23-741 Consider approval of a resolution of the City of Denton providing the March 27, 2023 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 & Exhibit C. ID 23-762 Consider adoption of an ordinance of the City of Denton approving a Joint Election Agreement and Contract with Denton County for joint election services for the regular municipal election being held on May 6, 2023 for the purpose of electing Council Members to Districts 1, 2, 3, and 4, and for a run-off election, if necessary, at a total estimated cost of $80,686.63; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Ordinance, Contract & Exhibits Exhibit 3 – Cost Estimate Detail Exhibit 4 – Ordinance 23-088 & 23-322 Combined Ordering May 2023 General and Special Elections D. ID 23-659 Consider approval of a resolution of the City of Denton adopting a new Policy No. 100.3 “Commitment to Inclusion” as a personnel policy for the organization 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 100.3 with Admin Procedures (for reference) E. ID 23-675 Consider adoption of an ordinance of the City of Denton establishing classifications and positions in the Denton Fire Department; creating certain positions; repealing Ordinance No. 22-957 relating to establishing the classifications and prescribing the number of positions in each classification for the Denton Fire Department; providing repealer, cumulative, and severability clauses; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 DFD Classification Ordinance 2023 F. ID 23-709 Consider adoption of an ordinance of the City of Denton granting Denton Cinco de Mayo, a three-year noise exception for the Cinco de Mayo Celebrations on Saturday, May 13, 2023, Sunday, May 5, 2024, and Sunday, May 4, 2025, from 11 a.m. to 10 p.m., at Quakertown Park; and providing an effective date. The Parks, Recreation, and Beautification Board voted to approve (4-0). Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance City of Denton Page 7 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 G. ID 23-737 Consider approval of a resolution by the City of Denton authorizing the City Manager to apply for funding under the Denton County Transportation Reinvestment Program (TRiP), providing financial assistance to member cities for transit-supportive projects, through the Denton County Transportation Authority (DCTA) in the amount of $5,589,560.00 for the Fiscal Year (FY) 2023 funding period; and providing an effective date. Attachments: Exhibit 1 - Agenda Informtion Sheet Exhibit 2 - Presentation Exhibit 3 - TRiP Applications Exhibit 4 - Resolution H. ID 23-751 Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Texas Parks and Wildlife Department (TPWD) Boating Access Grant 2023 in the amount of $205,189 to construct fishing docks and kayak launch sites at various parks; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution I. ID 23-406 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 Mesa Design Associates, Inc., for professional design services for the proposed North Lakes Park Inclusive Playground for the Parks and Recreation Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7850-005 - Professional Services Agreement for professional design services awarded to Mesa Design Associates, Inc., in the not-to-exceed amount of $122,500.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract J. ID 23-742 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 Kimley-Horn and Associates, Inc., for the Wastewater Lift Station Condition Assessment Project for the Water Utilities Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7574-024 - Professional Services Agreement for assessment services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $460,000.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract K. ID 23-743 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 Kimley-Horn and Associates, Inc., for asset inventory, prioritization, condition assessment, and risk analysis with recommendations for the Pecan Creek Water Reclamation Plant Condition Assessment Project for the Water Utilities Department; providing for the expenditure of funds therefor; and providing City of Denton Page 8 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 an effective date (RFQ 7574-026 - Professional Services Agreement for professional services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $330,000.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract L. ID 23-744 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 8138 for general Substation Construction and Site Preparation services; and providing an effective date (RFP 8138). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance M. ID 23-745 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a ninth amendment to a Professional Services Agreement between the City of Denton and Peak Program Value, LLC, amending the contract approved by City Council on October 13, 2020, in the not-to-exceed amount of $696,074.00; amended by amendments 1-8 approved by Purchasing and City Council; said ninth amendment for additional program management services for the construction phase of the Public Safety Buildings (Police Headquarters, Police Substation, and Firing Range); providing for the expenditure of funds therefor; and providing an effective date (RFQ 7425 - providing for an additional ninth amendment expenditure amount not-to-exceed $317,490.00, with the total contract amount not-to-exceed $2,771,350.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance, Contract, and Amendments Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Amendment 9 N. ID 23-746 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Howell Design Group, LLC (HDG), amending the contract approved by Purchasing on May 28, 2021, in the not-to-exceed amount of $45,000.00; amended by Amendment 1 approved by the City Council; said second amendment for additional security consulting and design services for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (PSA 7723 - providing for an additional second amendment expenditure amount not-to-exceed $527,300.00, with the total contract amount not-to-exceed $647,300.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Contract, Ordinance and Amendment 1 Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Amendment 2 O. ID 23-759 Consider adoption of an ordinance of the City of Denton, a Texas home-rule City of Denton Page 9 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Freese & Nichols, Inc., amending the contract approved by the City Council on September 22, 2020, in the not-to-exceed amount of $1,472,700.00; amended by Amendments 1 and 2 approved by City Council; said third amendment to provide additional professional, construction, and bid phase services for the Lake Ray Roberts Water Treatment Plant Capacity Uprate, Regulatory and Performance Upgrade Project; providing for the expenditure of funds therefor; and providing an effective date (File 6590-093 - providing for an additional third amendment expenditure amount not-to-exceed $95,060.00, with the total contract amount not-to-exceed $3,701,547.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance, Contract, Ordinances, and Amendments Exhibit 3 - Ordinance and Amendment 3 P. ID 23-761 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to increase the spend authority with Grid Training Corporation dba Northwest Lineman College, for lineman apprentice training, electrical safety courses, and lineman journeyman continuous improvement safety training for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 8172 - awarded to Grid Training Corporation dba Northwest Lineman College, providing for an additional expenditure amount not-to-exceed $1,150,000.00, with the total contract amount not-to-exceed $1,250,000.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Contract Exhibit 3 - City Manager Approval Exhibit 4 - Pricing Information Exhibit 5 - Ordinance Q. ID 23-780 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 Closner Equipment Company, Inc., through the Buy Board Cooperative Purchasing Network Contract # 685-22, for the acquisition of a cold planer and track paver for the Streets Department; and execute a contract with Closner Equipment Company, Inc., who is an authorized distributor of Dynapac North America, through the Buy Board Cooperative Purchasing Network Contract # 685-22, for the acquisition of an asphalt roller for the Streets Department; providing the expenditure of funds therefor; and providing an effective date (File 8230 - awarded to Closner Equipment Company, Inc., in the not-to-exceed amount of $1,190,740.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Quote Exhibit 3 - Ordinance R. ID 23-788 Consider adoption of an ordinance of the City of Denton, a Texas home-rule City of Denton Page 10 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 municipal corporation, authorizing the City Manager to execute a contract with KBS Electrical Distributors, Inc., for the purchase of Electric Utility Distribution Hardware, Connectors, Arms, and Accessories to be stocked in the City of Denton Warehouse, Section L, Section M, Section U, and Section W lines 1-3 and 19; providing for the expenditure of funds therefor; and providing an effective date (IFB 8176 - awarded to KBS Electrical Distributors, 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 $300,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract S. ID 23-790 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 Paradigm Traffic Systems, Inc., amending the contract approved by City Council on September 1, 2020, in the not-to-exceed amount of $2,250,000.00, said first amendment to continue to provide traffic signals and hardware for the Warehouse Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7398 - providing for an additional first amendment expenditure amount not-to-exceed $562,500.00, with the total contract amount not-to-exceed $2,812,500.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 T. ID 23-789 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 Techline, Inc., for the purchase of Electric Utility Distribution Hardware, Connectors, Arms, and Accessories to be stocked in the City of Denton Warehouse, Sections A, B, C, D, E, F, G, H, I, J, K, N, O, P, Q, R, S, T, V, and W Lines 4-18; providing for the expenditure of funds therefor; and providing an effective date (IFB 8176 - awarded to Techline, 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 $5,440,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract U. ID 23-769 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a power purchase agreement between the City and TT of Denton, Inc., (Toyota of Denton) a Texas corporation; providing for the expenditure of funds; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance & Agreement REDACTED V. ID 23-821 Consider adoption of an ordinance of the City of Denton granting Greenberg Farrow City of Denton Page 11 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels and hours of operation for concrete foundation pours and slabs related to construction of a new retail building located at 2950 W University Dr; granting an increase in sound levels and a variance in the hours of operation which may be affected by weather, from 12:00 A.M. to 8:30 P.M., with sound not to exceed 85 decibels; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Applicant Request Exhibit 3 - Aerial Map Exhibit 4 - Slab Sequence Map Exhibit 5 - Site Plan Exhibit 6 - Additional Communication Exhibit 7 - Draft Ordinance W. ID 23-838 Consider approval of a resolution of the City of Denton, Texas, recognizing May 13, 2023, as World Migratory Bird Day; establishing the critical bird migration periods as “Lights Out Nights;” authorizing staff to pursue the “Bird City Texas” certification; and, providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Resolution 5. PUBLIC HEARINGS A. ID 23-532 Hold a public hearing and consider adoption of an ordinance of the City of Denton adopting Standards of Care for recreational care programs administered by Denton’s Parks and Recreation department pursuant to Texas Human Resources Code Section 42.041(b)(14); and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3- City of Denton Parks and Recreation Standards of Care 2023-2024 (highlighted) Exhibit 4- City of Denton Parks and Recreation Standards of Care 2023-2024 (final) B. PD22-0010f 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 on approximately 12.77 acres of land from a Planned Development - Mixed-Use Neighborhood (PD-MN) District to an overlay Planned Development - Suburban Corridor (PD-SC) District. The site is generally located at the northwest and southwest corners of Teasley Lane (F.M. 2181) and Hunter Creek Road in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability clause and an effective date. The Planning and Zoning Commission voted 5 - 2 to recommend approval of the request. Motion for approval by Commissioner Pruett and second by Commissioner Smith. (PD22-0010f, Denton West Joint Venture, Mia Hines). City of Denton Page 12 Printed on 5/19/2023 City Council Meeting Agenda April 18, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Zoning Map Exhibit 5 - Future Land Use Map Exhibit 6 - PD Development Standards Exhibit 7 - District Comparison Exhibit 8 - Notification Map and Responses Exhibit 9 - Draft Ordinance Exhibit 10 - Developer Engagement Disclosure Exhibit 11 - Presentation 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on April 14, 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. City of Denton Page 13 Printed on 5/19/2023