City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, September 26, 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 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 9/26/2023 City Council Meeting Agenda September 26, 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 www.cityofdenton.com/publicmeetings. 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, September 26, 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 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 9/26/2023 City Council Meeting Agenda September 26, 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 23-644 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet 3. Work Session Reports A. ID 23-425 Receive a report, hold a discussion, and give staff direction regarding Audit Project 033 - Pedestrian & Cyclist Safety. [Estimated Presentation/Discussion Time: 30 minutes]. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Audit of Pedestrian and Cyclist Safety Exhibit 3 - Presentation B. ID 23-595 Receive a report, hold a discussion, and give staff direction regarding Audit Project 007 - Accounts Payable: Second Follow-Up Review. [Estimated Presentation/Discussion Time: 15 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Second Follow-Up Review of the Accounts Payable Audit Exhibit 3 - Presentation C. ID 23-925 Receive a report, hold a discussion, and give staff direction regarding Audit Project 014 - Facilities Maintenance: Second Follow-Up Review. [Estimated Presentation/Discussion Time: 15 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Second Follow-Up Review of the Facilities Maintenance Audit Exhibit 3 - Presentation D. ID 23-593 Receive a report, hold a discussion, and give staff direction regarding Audit Project 034 - Fire Prevention. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Audit of Fire Prevention Exhibit 3 - Presentation E. ID 23-683 Receive a report, hold a discussion and give staff direction on the City of Denton Aquatics Master Plan. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Aquatic Facilities Master Plan Exhibit 3- Presentation Page 3 Printed on 9/26/2023 City Council Meeting Agenda September 26, 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 23-1572 Deliberations regarding Real Property - Under Texas Government Code Section 551.072 Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential purchase of real property situated in J. Fisher Survey, Abstract No. 421, in the City of Denton, Denton County, Texas, located near Hunters Creek and Teasley Road for relocation of Fire Station 6, where a public deliberation of such potential purchase would have a detrimental effect on the City’s position in negotiations with a third party. B. ID 23-1894 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, dismissal, compensation, and/or contract of the City Manager. 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 Page 4 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 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-AX). 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 23-044 Consider approval of the minutes of the September 12, 2023 Meeting. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - September 12, 2023 Minutes B. ID 23-069 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Planning & Zoning Commission. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List C. ID 23-1557 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 Children’s Advocacy Center for Denton County, providing for client and clinical services to victims of child abuse and non-offending family members; and providing for the expenditure of funds in the amount of $226,292; and providing for an effective date. Attachments: Exhibit 1 - AIS - CACDC FY23-24 Exhibit 2 - Ordinance & Agreement - CACDC FY23-24 D. ID 23-1740 Consider adoption of an ordinance of the City of Denton approving an Assignment of Airport Lease from Daniela V. Wagstaff, Independent Executor of the Estate of Ronald John Gowan, deceased to Doug Bryan covering property at 4810 Lockheed Lane, Denton, Texas at the Denton Enterprise Airport; authorizing the City Manager to execute the Assignment of Airport Lease; and providing an effective date. Airport Advisory Board recommends approval (4-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Request to Assign Exhibit 4 - Ordinance - Consent to Lease Assignment E. ID 23-1739 Consider adoption of an ordinance of the City of Denton approving a Consent to Subsublease between Ezell Aviation, Inc., Wesley Pearce and William Garn, a Texas general partnership, dba Precision Aircraft Maintenance, and Victory Aviation Supplies, LLC, for the lease covering the property located at 5011 Sabre Lane, at the Denton Enterprise Airport; and providing an effective date. Airport Advisory Board recommends Page 5 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 approval (4-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Ordinance - Consent to Lease Assignment Exhibit 4 - LLC Information F. ID 23-1755 Consider adoption of an ordinance of the City of Denton approving an Assignment of Airport Lease from Petersen Hangars, LLC to DSR-Cherokee 180, LLC covering property at 922 Aeronca Lane, Denton, Texas at the Denton Enterprise Airport; authorizing the City Manager to execute the Assignment of Airport Lease; and providing an effective date. Airport Advisory Board recommends approval (4-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Location Map Exhibit 3 - Request to Assign Exhibit 4 - Ordinance - Consent to Lease Assignment Exhibit 5 - LLC Information G. ID 23-1448 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Grace Like Rain, Inc. dba Giving Grace to provide general fund dollars for Street Outreach program services in furtherance of the coordinated system of homelessness assistance programs in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $125,450.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance & Agency Service Agreement H. ID 23-1447 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and United Way of Denton County to provide general fund dollars for the Barriers Fund for the prevention and diversion from homelessness in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $80,000.00; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance & Agency Service Agreement I. ID 23-1446 Consider adoption of an ordinance of the City of Denton authorizing the city manager to execute a funding agreement between the City and United Way of Denton County to provide general fund dollars for a grant to fund Homeless Management Information System licenses in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $18,000.00; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agency Service Agreement J. ID 23-1445 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and United Way of Denton County to Page 6 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 provide general fund dollars for a coordinated system of homeless assistance programs in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $80,000.00; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance & Agency Service Agreement K. ID 23-1268 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and SPAN, Incorporated to provide Community Development Block Grant funds and General Fund Dollars for The Senior Nutrition Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $25,500.00; and providing an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2- 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement L. ID 23-1267 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Grace Like Rain, Inc. DBA Giving Grace to provide American Rescue Plan Coronavirus State and Local Fiscal Recovery Funds for the Housing Focused Case Management Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $50,000.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement M. ID 23-1266 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Denton County Friends of The Family, Inc. to provide Community Development Block Grant Funds for The Domestic Violence and Sexual Assault Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $50,000.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement N. ID 23-1265 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Denton City-County Day School, Inc. to provide Community Development Block Grant funds for the Preschool Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $25,000.00; and providing an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2- 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement O. ID 23-1258 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to Page 7 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 execute a funding agreement between the City and The Salvation Army, a Georgia Corporation, to provide General Fund Dollars for the Salvation Army KARE Kitchen and Food Pantry in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $35,000.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement P. ID 23-1257 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and PediPlace to provide General Fund Dollars for the Child Healthcare Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $30,000.00; and providing an effective date. Attachments: Exhibit 1-Agenda Information Sheet Exhibit 2- 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement Q. ID 23-1256 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Our Daily Bread, Inc. to provide General Fund Dollars for Security and Program Services in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $45,000.00; and providing an effective date. Attachments: Exhibit 1-Agenda Information Sheet Exhibit 2- 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement R. ID 23-1255 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Opening Doors International Services, Inc. to provide General Fund Dollars for immigration services in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $15,000.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement S. ID 23-1254 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Health Services of North Texas, Inc. to provide General Fund Dollars for The Poverty Primary Care Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $50,000.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement T. ID 23-1251 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to Page 8 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 execute a funding agreement between the City and Denton County MHMR Center to provide General Fund Dollars for the Local Outreach to Suicide Survivors (LOSS) Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $28,000.00; and providing an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2- 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement U. ID 23-1250 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Denton Christian Preschool, Inc. to provide General Fund Dollars for the Preschool Education Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $25,179.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2- 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement V. ID 23-1239 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Communities in Schools of North Texas, Inc. to provide General Fund dollars for Case Management Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $27,500.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement W. ID 23-1565 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and Children’s Advocacy Center for North Texas, Inc. to provide General Fund Dollars for The Direct Client Services Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $27,500.00; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement X. ID 23-1237 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and CASA of Denton County to provide General Fund dollars for The Court Advocacy Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $36,000.00; and providing an effective date. Attachments: Exhibit 1 – Agenda Information Sheet Exhibit 2 - 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement Page 9 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 Y. ID 23-1252 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a funding agreement between the City and North Texas Solutions for Recovery, Inc. to provide General Fund Dollars for The Residential Treatment Program in Denton, Texas; authorizing the expenditure of funds in an amount not to exceed $50,000.00; and providing an effective date. Attachments: Exhibit 1-Agenda Information Sheet Exhibit 2- 2023-24 CSAC Funding Recommendations and Descriptions Exhibit 3 - Agency Ordinance-Agreement Z. ID 23-1635 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to enter into a Development Agreement between the City of Denton and Pulte Homes of Texas, L.P., for the dedication of Park Land for a City Park at the Townsend Green Development; authorizing acceptance of land; and providing an effective date. The Parks, Recreation, and Beautification Board recommends approval (5-0). Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3 - Development Agreement Exhibit 4- Presentation AA. ID 23-1780 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute Amendment 1 to the Agreement between the City and Forestar (USA) Real Estate Group INC. for the dedication of Park Land and granting of a City trail, amending the phasing of the construction of the trail; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3- Development Agreement Amendment 1 Exhibit 4- Trail Master Plan Exhibit “D” Exhibit 5- Eagle Creek Development Agreement 22-249 AB. ID 23-1786 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 RSVP Services, Inc., amending the contract approved by City Council on March 22, 2022, in the not-to-exceed amount of $2,327,021.00; said first amendment to provide additional veterinary services for the Linda McNatt Animal Care and Adoption Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 7895 - providing for an additional first amendment expenditure amount not-to-exceed $581,755.25, with the total contract amount not-to-exceed $2,908,776.25). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 AC. ID 23-1782 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal Page 10 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 corporation, authorizing the City Manager to execute a Professional Services Agreement with TRC Engineers, Inc., for the administration and development of wired and wireless joint use processes and standards for the City of Denton and Denton Municipal Electric as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8031-002 - professional services agreement for administration and development services awarded to TRC Engineers, Inc., in the not-to-exceed amount of $164,600.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract AD. ID 23-1784 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 Berry, Dunn, McNeil & Parker, LLC, dba BerryDunn, through The Interlocal Purchasing System (TIPS) Cooperative Program Contract #230105 for implementation project management services for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 8333 - awarded to Berry, Dunn, McNeil & Parker, LLC, dba BerryDunn, in the not-to-exceed amount of $3,000,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - LLC Members Exhibit 3 - Presentation Exhibit 4 - Ordinance and Contract AE. ID 23-1705 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Denton County MHMR Center for the expenditure of City Council Contingency Funds in the amount of five hundred and twenty-five dollars ($525) for an employee appreciation event; and providing an effective date. ($525 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AF. ID 23-1809 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Woman to Woman Pregnancy Center for the expenditure of City Council contingency funds in the amount of one hundred dollars ($100) in support of the organization; and providing an effective date. ($100 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AG. ID 23-1808 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Texas Veterans Hall of Page 11 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 Fame for the expenditure of City Council contingency funds in the amount of one hundred dollars ($100) in support of the organization; and providing an effective date. ($100 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AH. ID 23-1806 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and Ranch Hands Rescue for the expenditure of City Council contingency funds in the amount of three hundred dollars ($300) for Bob’s House of Hope; and providing an effective date. ($300 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AI. ID 23-1805 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and Project Hope for the expenditure of City Council contingency funds in the amount of two hundred dollars ($200) in support of the organization; and providing an effective date. ($200 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AJ. ID 23-1804 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Siti and Jido Park Foundation, Inc., DBA Life Works Community for the expenditure of City Council contingency funds in the amount of two hundred dollars ($200) in support of the organization; and providing an effective date. ($200 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AK. ID 23-1803 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Denton Independent Order of Odd Fellows for the expenditure of City Council contingency funds in the amount of two hundred dollars ($200) in support of the organization; and providing an effective date. ($200 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance Page 12 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 AL. ID 23-1801 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Denton Freedom House for the expenditure of City Council contingency funds in the amount of one hundred dollars ($100) in support of Zera Coffee with a Cause; and providing an effective date. ($100 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AM. ID 23-1800 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Denton County Friends of the Family for the expenditure of City Council contingency funds in the amount of two hundred dollars ($200) in support of the organization; and providing an effective date. ($200 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AN. ID 23-1799 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Denton Black Film Festival Institute for the expenditure of City Council contingency funds in the amount of one hundred dollars ($100) in support of the organization; and providing an effective date. ($100 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AO. ID 23-1798 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Denton Black Chamber of Commerce for the expenditure of City Council contingency funds in the amount of one hundred dollars ($100) in support of the organization; and providing an effective date. ($100 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AP. ID 23-1797 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and Cumberland Youth and Family Services for the expenditure of City Council contingency funds in the amount of one hundred dollars ($100) in support of the organization; and providing an effective date. ($100 - Community Partnership Committee recommends approval 3-0) Page 13 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AQ. ID 23-1849 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and Veterans of Foreign Wars (VFW) Post 2205 for the expenditure of City Council contingency funds in the amount of five hundred dollars ($500) for Student Veteran Gaming Center; and providing an effective date. ($500 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AR. ID 23-1850 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Denton Black Chamber of Commerce for the expenditure of City Council contingency funds in the amount of five hundred dollars ($500) in support of the Denton Blues Festival; and providing an effective date. ($500 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AS. ID 23-1851 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Greater Denton Arts Council for the expenditure of City Council contingency funds in the amount of three hundred fifty dollars ($350) in support of the organization; and providing an effective date. ($350 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AT. ID 23-1852 Consider adoption of an ordinance of the City of Denton approving, and authorizing the execution of, an agreement between the City of Denton and the Denton Black Film Festival Institute for the expenditure of City Council contingency funds in the amount of three hundred fifty dollars ($350) in support of the organization; and providing an effective date. ($350 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Funding Request Exhibit 3 Ordinance AU. OPA23-0001 Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule Municipal Corporation, authorizing the City Manager or designee to execute an Oversize Cost Participation Agreement with Denton ICC 35, LLC, for the construction of an 18” wastewater main for the Water Utilities Department; providing for the expenditure of Page 14 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 funds therefor; and providing an effective date (Denton ICC 35, LLC, in the Not-To-Exceed amount $324,720.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Wastewater Utilities Oversize Cost Participation Agreement Exhibit 3 - Ordinance Exhibit 4 - Dual Obligee Bond Rider Exhibit 5 - LLC Member List AV. OPA23-0003 Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule Municipal Corporation, authorizing the City Manager or designee to execute an Oversize Cost Participation Agreement with B-BP Chill Denton, LLC, for the construction of a 16” water main for the Water Utilities Department; providing for the expenditure of funds therefor; and providing an effective date (awarded to B-BP Chill Denton, LLC, in the NOT-TO- EXCEED amount of $243,190.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Water Utillities Oversize Cost Participation Agreement Exhibit 3 - Ordinance Exhibit 4 - Dual Obligee Bond Rider Exhibit 5 - LLC Member Check AW. ID 23-1893 Consider adoption of an ordinance of the City of Denton abandoning, releasing, and vacating a 3.83 acre tract of land dedicated to the City of Denton by Giovanni Giomi, recorded in Cabinet U, Page 198, Plat Records, Deed Records of Denton County, Texas; providing for the Deed Without Warranty thereof to Woodrow Morse Properties, LLC; providing for the terms and conditions of the abandonment, relinquishment and vacation made herein; providing for the indemnification of the City of Denton against damages arising out of the abandonment herein; providing for the conveyance of a new easement to the City of Denton; providing for the consideration to be paid to the City of Denton; providing for severability and an effective date. Attachments: 1. Agenda Information Sheet 2. Location Map 3. Secretary of State Corporation members list 4. Ordinance AX. ID 23-1869 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute contracts regarding Texas Motor Vehicle Records Data with the Texas Department of Motor Vehicles for the Municipal Court; and providing an effective date. Attachments: Exhibit 1. AIS Exhibit 2. Draft Ordinance and Contract 5. PUBLIC HEARINGS Page 15 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 A. DCA23-0001 Hold a public hearing and consider approval of an ordinance of the City Of Denton, b Texas amending the Denton Development Code’s Reasonable Accommodation process and Use Specific Standards, parking minimums, and definitions for Elderly Housing, Community Home, and Group Home uses, specifically amendments to: Table 2.2-A: Summary of Development Review Procedures; Section 2.8: Flexibility and Relief Procedures; Table 5.2-A: Table of Allowed Uses; Section 5.3.1d: Maximum Persons Occupying a Dwelling; Section 5.3.3: Residential Use-Specific Standards; Table 7.9-I: Minimum Required Off-Street Parking; and Section 9.2: Definitions; 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 Cole. (DCA23-0001b, Reasonable Accommodation, Elderly Housing, Community Home, and Group Home, Julie Wyatt) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Draft Regulations Pertaining to Reasonable Accommodation Elderly Housing, Community Home, and Exhibit 4 - Presentation Exhibit 5 - Draft Ordinance B. AESA22-000 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas 4b approving an Alternative Environmentally Sensitive Areas Plan on approximately 14.176 acres of land generally located on the southwest corner of Hickory Creek Road and FM 2499 in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official environmentally sensitive areas 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 [6 - 1] to recommend approval of the request. Motion for approval by Commissioner Smith and second by Commissioner Anderson. (AESA22-0004b, Cyrene at Hickory Creek, Christi Upton). Attachments: 1. Agenda Information Sheet 2. Staff Analysis 3. AESA Restoration Plan 4. Notification and Responses 5. Ordinance 6. Staff Presentation 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 23-1736 Consider adoption of an ordinance of the City of Denton, Texas, establishing the rates for Solid Waste and Recycling Collection service; repealing Ordinance No. 22-1855 providing for a repealer; providing for a severability clause; and providing an effective date. Page 16 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Solid Waste Red Line Rate Ordinance Exhibit 3 - Solid Waste Rate Ordinance B. ID 23-1741 Consider adoption of an ordinance of the City of Denton, Texas, establishing the rates and fees for Water and Water service; repealing Ordinance No. 22-1856; providing for a repealer; providing for a severability clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Water Red Line Rate Ordinance Exhibit 3 - Water Rate Ordinance C. ID 23-1742 Consider adoption of an ordinance of the City of Denton, Texas, establishing the schedule of rates and fees for Wastewater service; repealing Ordinance No. 22-1857; providing for a repealer; providing for a severability clause; and, providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Wastewater Red Line Rate Ordinance Exhibit 3 - Wastewater Rate Ordinance D. ID 23-1870 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, repealing ordinance 2011-155; no longer committing, assigning, or restricting any recreational program revenues or fees, or any fund balance of the Recreational Fund, for any specific purposes; dissolving the Recreation Fund; providing a severability and repealer clauses; and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Ordinance Exhibit 3. Presentation E. ID 23-1871 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, establishing an Environmental Services Fund; directing that such fund shall be an internal service fund allocated resources through the budget process; providing for the uses of such fund; providing severability and repealer clauses; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3. Presentation F. ID 23-1704 Consider approval of a resolution of the City of Denton nominating members to the Board of Directors of the Denton Central Appraisal District; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - DCAD Memo G. ID 23-1632 Consider approval of a resolution approving the City of Denton's GreenSense Incentive Program, GreenSense Incentive Program Manual; delegating authority to the Environmental Services and Sustainability Department for certain amendments to the Page 17 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 program; providing for a repealer; providing for a severability clause; and providing for an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. GreenSense Resolution Exhibit 3. Greensense Program Manual Exhibit 4. Presentation H. ID 23-1633 Consider adoption of an ordinance of the City of Denton amending the Schedule of Rates for electric service; providing for a repealer; providing for a severability clause; and providing for an effective date. Attachments: Exhibit 1: Agenda Information Sheet Exhibit 2: FY2023-24 Electric Service Rates Ordinance Redline Exhibit 3: FY2023-24 Electric Service Rates Ordinance Exhibit 4: Presentation I. ID 23-1777 Consider approval of a resolution approving the City of Denton’s Distributed Generation manual; delegating authority to Denton Municipal Electric for certain amendments to the program; providing for a repealer; providing for a severability clause; and providing for an effective date. Attachments: Exhibit 1: Agenda Information Sheet Exhibit 2: Resolution - Distributed Generation Manual.pdf Exhibit 3: Distributed Generation Manual Redline.pdf 7. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION Note: Action on these items will occur on or after 6:30 p.m. in accordance with the published public notices. A. ID 23-278 Consider adoption of an ordinance of the City of Denton, Texas, adopting the fiscal year 2023-2024 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2023 and ending on September 30, 2024; appropriating funds from available resources; ratifying all prior transfers made under the direction of the City Manager pursuant to Article VIII, Section 8.07 of the City Charter of the City of Denton; requiring City Manager to file a copy of the Budget with the City Secretary, Denton County Clerk and Texas Comptroller, and ensuring the record vote, budget and cover page is posted on the City’s website; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation B. ID 23-280 Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2023, on all taxable property within the corporate limits of the City on January 1, 2023, and adopting a tax rate of $0.560682 per $100 of valuation for 2023; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal Page 18 Printed on 9/26/2023 City Council Meeting Agenda September 26, 2023 on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Tax Levy Ordinance C. ID 23-281 Consider adoption of an ordinance of the City of Denton, Texas, approving the 2023 tax rolls; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Tax Roll Ordinance D. ID 23-279 Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the fiscal year 2023-2024 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2023, and ending on September 30, 2024 when the budget will raise more revenue from property taxes than last year’s budget; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ratification Ordinance 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on September 22, 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 19 Printed on 9/26/2023 City Council Meeting Agenda September 26, 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 20 Printed on 9/26/2023