City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, October 24, 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: City of Denton Page 1 Printed on 10/20/2023 City Council Meeting Agenda October 24, 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, October 24, 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 Council may remove items from the consent agenda. When City of Denton Page 2 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 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 23-646 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet 3. Work Session Reports A. ID 23-937 Receive a report, hold a discussion, and give staff direction regarding the City of Denton Draft Climate Action and Adaptation Plan. [Estimated Presentation/Discussion Time: 1 hour] Attachments: Exhibit 1: Agenda Information Sheet Exhibit 2: Draft Plan Exhibit 3: Presentation B. ID 23-1861 Receive a report, hold a discussion, and give staff direction on proposed Parks and Recreation rates and fees. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Presentation Exhibit 3- Subsidy and Resource Allocation Model Exhibit 4- FY 23-24 Schedule of Fees (Redline) Exhibit 5- FY 23-24 Schedule of Fees (Clean) C. ID 23-225 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1) Request for a medium priority work session to discuss and develop a process to enhance the efficiency of the nominations process for city boards and commissions via timeframe window for nominations. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet - Pending Council Request Exhibit 2 - Ordinance 23-1431 - City Council Request Process Exhibit 3 - Presentation 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 23-2034 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the legal status, strategy and options for resolution of litigation in Cause No. 23-6616-431, styled “City of Denton v. Jesse Ray Eakers, Jr., Penske Truck Leasing Co. L.P., Fleetco Inc., The Cincinnati City of Denton Page 3 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 Insurance Companies, and Southerland Transport, L.L.C.” pending in the 431st District Court, 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 in pending litigation. B. ID 23-2073 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the legal status, strategy and options for resolution of bankruptcy litigation in Case No. 20-22475, styled “In re: Frontier Communications Corporation, et al;” pending in the United State Bankruptcy Court Southern District of New York; 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 in pending litigation. 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 City of Denton Page 4 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 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 - AB). 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 23-071 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Historic Landmark Commission. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List B. ID 23-1946 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Interlocal Agreement between the City of Denton, by and through its Police Department, and the Denton County Criminal District Attorney, for the disposition of contraband seized and forfeited under Chapter 59 and Article 18.18, Texas Code of Criminal Procedure; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet (corrected) Exhibit 2 - Letter from District Attorney Exhibit 3 - Ordinance 22-794 Exhibit 4 - Ordinance and Agreement C. ID 23-1951 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to accept on behalf of the City an offer from the Texas Department of Transportation (“TxDOT”) relating to a grant of $19,320,795; authorizing the expenditure of $2,126,755 in contributory funds for engineering and construction of primary runway at the Denton Enterprise Airport with an estimated total project cost of $21,267,550; authorizing the City Manager to execute the related Airport Project Participation Agreement; and providing for an effective date. Airport Advisory Board recommends approval (4-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 3 - Designation of Sponsor Exhibit 2 - Ordinance - APPA Agreement D. ID 23-1992 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 Model 1 Commercial Vehicles, Inc. dba Creative Bus Sales, Inc., through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program Contract Number BT01-21, for the purchase of four (4) passenger vans for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File 8379 - awarded to Model 1 Commercial Vehicles, Inc. dba Creative Bus Sales, Inc., in the not-to-exceed amount of $441,122.00). City of Denton Page 5 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Cooperative Quote Exhibit 3 - Ordinance E. ID 23-1996 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 Thelin Recycling Company, LP, amending the contract approved by the City Council on August 13, 2019, in the not-to-exceed amount of $1,150,000.00; said first amendment to continue to provide brush and wood grinding services for the Beneficial Reuse Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7085 - providing for an additional first amendment expenditure amount not-to-exceed $287,500, with the total contract amount not-to-exceed $1,437,500.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 F. ID 23-1997 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 Anixter, Inc., amending the contract approved by City Council on February 4, 2020, in the not-to-exceed amount of $8,000,000.00; said first amendment to continue to purchase electric utility pad-mounted switchgears for Denton Municipal Electric and extend the contract through August 4, 2024; providing for the expenditure of funds therefore; and providing an effective date (RFP 7126 - providing for an additional first amendment expenditure amount not-to-exceed $2,000,000.00, with the total contract amount not-to-exceed $10,000,000.00 and extending the contract to August 4, 2024). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 G. ID 23-2000 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 Xylem Water Solutions USA, Inc., amending the contract approved by the City Council on February 18, 2020, in the not-to-exceed amount of $1,000,000.00; said first amendment to continue to purchase Flygt pumps, equipment, parts, supplies, and services to operate and maintain the City of Denton sewage pumping stations and treatment plants for the Water Reclamation Department; providing for the expenditure of funds therefor; and providing an effective date (File 7172 - providing for an additional first amendment expenditure amount not-to-exceed $250,000.00, with the total contract amount not-to-exceed $1,250,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 City of Denton Page 6 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 H. ID 23-2001 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute an agreement with Kirk Seese dba BB Murals, for art design and production services for the public art mural/vinyl wrap installation to be located on Sycamore Street Bridge near the intersection of Sycamore Street and South Crawford Street for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (CFA 8216-02 - awarded to Kirk Seese dba BB Murals, in the not-to-exceed amount of $7,500.00). The Public Art Committee recommends approval (5 - 2). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract I. ID 23-2004 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 Prolec-GE Waukesha, Inc., for the purchase of one (1) Substation Power Transformer for Denton Municipal Electric, providing for the expenditure of funds therefor; and providing an effective date (RFP 8155 - awarded to Prolec-GE Waukesha, Inc., in the not-to-exceed amount of $2,260,412.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract J. ID 23-2006 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager for emergency aviation liability insurance coverage for the City of Denton through the City’s broker of record, Lockton Companies, LLC; and providing an effective date (File 8342 - awarded to National Union Fire Insurance Company of Pittsburgh, PA (AIG), in the three (3) year not-to-exceed amount of $53,270.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Exhibit 3 - Comparison Exhibit 4 - Recommendation Letter Exhibit 5 - Ordinance K. ID 23-2007 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager for emergency excess cyber network liability insurance coverage for the City of Denton through the City’s broker of record, Lockton Companies, LLC; and providing an effective date (File 8343 - awarded to Corvus Insurance Agency, LLC, in the three (3) year not-to-exceed amount of $231,156.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Recommendation Letter Exhibit 3 - Ordinance L. ID 23-2010 Consider adoption of an ordinance of the City of Denton, a Texas home-rule City of Denton Page 7 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 municipal corporation, ratifying the expenditure of funds by the City Manager for emergency primary cyber network liability insurance coverage for the City of Denton through the City’s broker of record, Lockton Companies, LLC; and providing an effective date (File 8384 - awarded to Homeland Insurance Company of New York (Resilience), in the three (3) year not-to-exceed amount of $494,585.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Recommendation Letter Exhibit 3 - Ordinance M. ID 23-2008 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager for emergency property, boiler, and machinery insurance coverage for the City of Denton through the City’s broker of record, Lockton Companies, LLC; and providing an effective date (File 8344 - awarded to Affiliated FM Insurance Company, in the three (3) year not-to-exceed amount of $3,795,191.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Exhibit 3 - Comparison Exhibit 4 - Recommendation Letter Exhibit 5 - Ordinance N. ID 23-2027 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 SAE Towers LTD, for the purchase of galvanized steel transmission poles, anchor cages, and associated hardware for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 8270 - awarded to SAE Towers LTD, in the not-to-exceed amount of $5,609,888.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract O. ID 23-2009 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Area Running Club for the 2023 Downtown Denton Turkey Trot and Kids’ Gobble Wobble sponsorship; and providing an effective date. ($3,662.50 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance P. ID 23-2011 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Black Film Festival Institute, Inc., for the 2024 Denton Black Film Festival sponsorship; and providing an effective date. ($9,000 cash sponsorship and $8,522.50 in-kind services - Community Partnership Committee recommends approval 3-0) City of Denton Page 8 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Q. ID 23-2012 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton’s Day of the Dead Festival for the 2023 Day of the Dead Festival sponsorship; and providing an effective date. ($2,700 cash sponsorship and $8,136.34 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance R. ID 23-2013 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Festival Foundation, Inc., for the 2023 Denton Arts and Jazz Festival sponsorship; and providing an effective date. ($15,000 cash sponsorship and $205,773.00 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance S. ID 23-2014 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Holiday Festival Association, Inc., for the 2023 Denton Holiday Lighting Festival sponsorship; and providing an effective date. ($2,000 cash sponsorship and $16,116.34 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance T. ID 23-2015 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Parks Foundation for the 2024 Cinco de Mayo Festival sponsorship; and providing an effective date. ($24,586.34 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance U. ID 23-2016 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Parks Foundation for the 2024 Dog Days of Denton sponsorship; and providing an effective date. ($7,172.50 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance V. ID 23-2017 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Parks Foundation for the 2024 Juneteenth Celebration sponsorship; and providing an effective date. ($3,000 cash sponsorship and $27,189.50 in-kind services - Community Partnership Committee recommends approval 3-0) City of Denton Page 9 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance W. ID 23-2018 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Greater Denton Arts Council, Inc., for the Community Art Grants Program sponsorship; and providing an effective date. ($4,000 cash sponsorship - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance X. ID 23-2019 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Kiwanis Youth Services, Inc., for the Denton Kiwanis Independence Day Jubilee sponsorship; and providing an effective date. ($47,967 cash sponsorship and $39,181.34 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Y. ID 23-2020 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and North Texas State Fair Association, Inc., for the 2024 North Texas Fair and Rodeo Kids Zone sponsorship; and providing an effective date. ($2,000 cash sponsorship and $4,400 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Z. ID 23-2021 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Tejas Storytelling Association for the 2024 Texas Storytelling Festival sponsorship; and providing an effective date. ($11,120 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AA. ID 23-2022 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Texas Filmmakers Corporation for the Thin Line Fest 2024 sponsorship; and providing an effective date. ($6,000 cash sponsorship and $1,000 in-kind services - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AB. ID 23-1908 Consider adoption of an ordinance of the City of Denton granting a noise exception for the Dentonpalooza 3 event which will be held on Saturday, October 28, 2023, at Rubber Gloves Rehearsal Studio; and providing an effective date. City of Denton Page 10 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 Attachments: Exhibit 1- Agenda Information Sheet .docx Exhibit 2- Ordinance.pdf 5. PUBLIC HEARINGS A. S23-0005b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit for a multifamily dwelling use on approximately 22.81 acres of land, generally located on the south side of Duchess Drive, approximately 742 feet to the west of Loop 288 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 and an effective date. The Planning and Zoning Commission voted [4-2] to recommend approval of the request. Motion for approval by Commissioner Smith and second by Commissioner Cole. (S23-0005b, Olivo Apartments, Angie Manglaris) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Exhibit 4 - Proposed Future Land Use Map Exhibit 5 - Proposed Zoning Exhibit 6 - Site Plan Exhibit 7 - Landscape Plan Exhibit 8 - Conceptual Elevations Exhibit 9 - Fiscal Impact Exhibit 10 - Notification Map and Responses Exhibit 11 - Draft Ordinance Exhibit 12 - Presentation 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 23-1426 Consider adoption of an ordinance of the City of Denton to declare the intent to reimburse capital program expenditures of General Government ($115,883,425), the Solid Waste Utility ($7,080,000), the Water Utility ($82,751,072), the Wastewater Utility ($55,960,396), and the Electric Utility ($82,549,689) with Tax-Preferred Obligations (Certificates of Obligation and General Obligation Bonds) with an aggregate maximum principal amount not to exceed $344,224,582; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation B. ID 23-1949 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for the payment of wholesale transmission charges in the total amount of $7,064,597.73, and providing an effective date. City of Denton Page 11 Printed on 10/20/2023 City Council Meeting Agenda October 24, 2023 Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Ordinance Exhibit 3. Presentation 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 October 20, 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 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 12 Printed on 10/20/2023