City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, July 25, 2023 3:00 PM Council Work Session Room & Council Chambers Special Called Meeting WORK SESSION BEGINS AT 3:00 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 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. Comments on Agenda Items: Public comments can be given for any item considered by the Council, EXCEPT work session reports or closed meetings. Individuals are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Public comments are limited to three (3) minutes per citizen. Public Hearing Items: Individuals are limited to four (4) minutes per public hearing item. _________________________________________________________________________________ Individuals may participate by using one of the following methods: 1. In Person for Regular or Consent Agenda Items: Page 1 Printed on 7/26/2023 City Council Meeting Agenda July 25, 2023 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, July 25, 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 for public hearing and individual consideration. This section allows members of the City Council to ask questions on items listed on this agenda for public hearing and individual consideration. Responses to questions on items listed under the consent agenda that are received prior to the meeting are available by clicking on Exhibit 1 below. The responses will be available prior to the start of the meeting, when applicable. 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. Members of the Page 2 Printed on 7/26/2023 City Council Meeting Agenda July 25, 2023 Council may remove items from the consent agenda. When items are removed from the consent agenda and placed on the regular agenda by members of the council, the removed items shall be taken up in the order of removal right after the consent agenda. A. ID 23-639 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet 3. Work Session Report(s) A. ID 23-963 Receive a report, hold a discussion, and give staff direction regarding an update on the 88th Session of the Texas Legislature. [Estimated Presentation/Discussion Time: 1 hour, 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Presentation.pdf Exhibit 3 - 2023-2024 Legislative Program.pdf Exhibit 4 - TML List of City-Related Bills Passed.pdf 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 23-1292 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consult with City attorneys regarding adoption of an ordinance of the City of Denton, Texas regarding a reasonable accommodation in accordance with the Federal Fair Housing Act related to the maximum number of unrelated persons occupying a dwelling located at 2413 Kayewood Drive in the City of Denton, Denton County, Texas, where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position. B. ID 23-1450 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consult with City attorneys regarding HB 2127, SB 12, and other bills passed in the 88th legislative session, 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. Page 3 Printed on 7/26/2023 City Council Meeting Agenda July 25, 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. NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. _________________________________________________________________________________ Following the Closed Meeting, the City Council will convene in a Special Called Meeting in the Council Chambers to consider the following items: 4. CONSENT AGENDA Each of these items is recommended by Staff or a board, commission, and committee. Approval thereof will be strictly on the basis of the those recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. For those items recommended by a specific board, commission, or committee, the agenda item will reference that recommendation. To view the video of the related board, commission, or committee meeting, as applicable, a link can be found within the applicable supporting documentation (Exhibit 1). Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – H). 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 23-034 Consider approval of the minutes of the July 18, 2023 Meeting. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - July 18, 2023 Minutes B. ID 23-064 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Community Services Advisory Committee Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List Page 4 Printed on 7/26/2023 City Council Meeting Agenda July 25, 2023 C. ID 23-1431 Consider adoption of an ordinance of the City of Denton amending Chapter 2, Article II, Section 2-30 of the Code of the City of Denton (City Council requests for information or agenda items), to require a consensus of a supermajority of councilmembers for a request for a resolution or ordinance to be placed on an agenda prior to a work session on the request; providing a repealer clause; providing a severability clause, providing a savings clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Ordinance.pdf D. ID 23-1374 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 National Screening Bureau, LLC dba NATSB LLC, for pre-employment and post-offer background checks for the Human Resources Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8221 - awarded to National Screening Bureau, LLC dba NATSB LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total (5) year not-to-exceed amount of $695,750.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - LLC Members Exhibit 4 - Ordinance and Contract E. ID 23-1375 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 The Center for Nonprofit Management, Inc. dba CNM, for project evaluation and nonprofit management training for nonprofit agency staff for the Community Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 8275 - awarded to The Center for Nonprofit Management, Inc. dba CNM, in the not-to-exceed amount of $115,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract F. ID 23-1378 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 8187 for the Comprehensive Rebranding Initiative; and providing an effective date (RFP 8187). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance G. ID 23-1289 Consider adoption of an ordinance amending Chapter 18 “Motor Vehicles and Traffic”, Article III “Speed of Vehicles”, Section 18-73 “Speed Limits on Certain Roads and Highways”, “City Streets”, “University Campus Streets”, “School Zones” of the code of ordinances of the City of Denton, to change the locations, extent, and speed limits of certain city streets and speed zones in the vicinity of a school; providing a repealer clause; providing a savings clause; providing a severability clause; providing a penalty clause; providing for publication; providing codification; and providing an effective date. Page 5 Printed on 7/26/2023 City Council Meeting Agenda July 25, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance H. ID 23-1405 Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Texas Parks and Wildlife Department (TPWD) Local Parks Grant Program 2024 in the amount of $750,000 for materials and construction costs to renovate Briercliff Park; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 Preliminary Cost Estimate Exhibit 4 Grant Application 5. ITEM(S) FOR INDIVIDUAL CONSIDERATION A. ID 23-1191 Consider adoption of an ordinance of the City of Denton, Texas, regarding a reasonable accommodation in accordance with the Federal Fair Housing Act related to the maximum number of unrelated persons occupying a dwelling located at 2413 Kayewood Drive, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Draft Ordinance Exhibit 3. LLC Member List Exhibit 4. Presentation Exhibit 5. Oxford House Reasonable Accommodation Request 6. PUBLIC HEARING(S) A. DCA23-0002 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas a amending the Denton Development Code related to Short-Term Rental uses, specifically amendments to Section 5.3.5T.1.b and 5.3.5T.2.e.iii related to removing the primary residency requirements associated with a short-term rental property; 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 [6-0] to recommend approval of the request. Motion for approval by Commissioner Smith and second by Commissioner Pruett. (DCA23-0002a, Short-Term Rental Primary Residence Code Amendment, Ron Menguita) Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Staff Analysis Exhibit 3. Draft Short-Term Rental Primary Residence Code Amendments.docx Exhibit 4. Draft Ordinance Exhibit 5. Presentation B. SD23-0001a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Page 6 Printed on 7/26/2023 City Council Meeting Agenda July 25, 2023 Texas, providing a Special Sign District on an approximately 152 acre property generally located on the southwest corner of Bronco Way and North 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 $500.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [6-0] to recommend approval of the request. Motion for approval by Commissioner Smith and second by Commissioner Cole. (SD23-0001a, Denton High School Special Sign District) 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 - Denton High School Special Sign District (DHSSSD) Exhibit 7 - Notification Map and Responses Exhibit 8 - Presentation Exhibit 9 - Draft Ordinance 7. 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 July 21, 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ OFFICE OF THE CITY SECRETARY Page 7 Printed on 7/26/2023 City Council Meeting Agenda July 25, 2023 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 8 Printed on 7/26/2023