City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, December 12, 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 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. _________________________________________________________________________________ Individuals may participate by using one of the following methods: 1. In Person for Regular or Consent Agenda Items: To provide in-person comments regular or consent agenda items (excluding public hearing items), Individuals must be present at the meeting and submit a speaker card (available at the meeting location) to the City Secretary prior to the item being called. 2. In Person for Public Hearing Items: For public hearing items, speaker cards are encouraged but not required. Page 1 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 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 December 12, 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 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 23-650 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet Page 2 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 3. Work Session Reports A. ID 23-2057 Receive a report, hold a discussion, and give staff direction regarding Audit Project 036 - Public Safety Communications. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Audit of Public Safety Communications.pdf Exhibit 3 - Presentation.pdf B. ID 23-1575 Receive a report, hold a discussion, and give staff direction regarding the Final Wastewater Master Plan. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation C. ID 23-405 Receive a report, hold a discussion, and give staff direction regarding the updates to the Roadway Impact Fees. [Estimated Presentation/Discussion Time: 1 hour] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Roadway Impact Fee Study D. ID 23-229 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 enact a policy mandating the availability of menstrual products in all city facility restrooms. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance 23-1431 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 23-2418 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consult with City attorneys regarding operating agreements and impact fees for the Hunter Ranch and Cole Ranch projects, 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 12/8/2023 City Council Meeting Agenda December 12, 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 – BK). 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 23-042 Consider approval of the minutes of the November 14, 2023 Special Called Meeting, December 5, 2023 Joint Meeting with Planning and Zoning and Parks, Recreation Beautification Board, and December 5, 2023 Regular Meeting. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 4 - November 14, 2023 Minutes - Draft.pdf Exhibit 2 - December 5, 2023 Joint Meeting with P&Z and Park - Draft.pdf Exhibit 3 - December 5, 2023 Regular Meeting Minutes - Draft.pdf Page 4 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 B. ID 23-2176 Consider approval of a resolution of the City of Denton providing the November 14, 2023 meeting absence by Public Utilities Board Member Susan Parker be excused; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution and Exhibit C. ID 23-2245 Consider approval of a resolution of the City of Denton providing the November 1, 2023 meeting absence by Planning and Zoning Commission Board Member Jordan Villarreal be excused; and declaring an effective date. Attachments: Exhibit 1 - Agenda Information Sheet - Jordan Villareal - P&Z - 23- Exhibit 2 - Draft Resolution and Exhibit D. ID 23-2275 Consider adoption of an ordinance of the City of Denton dissolving the Traffic and Safety Commission; repealing all ordinances and resolutions in conflict; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Ordinance.pdf E. ID 23-2336 Consider adoption of an ordinance by the City of Denton authorizing the City Manager, or designee, to execute 1) A Gas Line Rearrangement and Abandonment Agreement and 2) A Right of Way License Agreement with Enlink North Texas Gathering, LP (“Enlink”), for the relocation and lowering of three (3), 4-inch gas pipelines (DC-400, DC-404, and DC-406) collectively, (“Enlink Facilities”), for the City’s Bonnie Brae Phase 3 Widening and Realignment Project; providing for the expenditure of funds in the Not-To-Exceed Amount of Nine Hundred and Sixty-Five Thousand, Three Hundred Eighty-Four Dollars ($965,384.00); authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement F. ID 23-2180 Consider approval of a resolution of the City of Denton revising Administrative Policy Number 403.07 “Debt Service Management”; and providing for an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 FY 2023-24 Red Lined Debt Policy Exhibit 3 Resolution G. ID 23-2181 Consider approval of a resolution of the City of Denton revising Administrative Policy Number 403.06 “Investment Policy”; and providing an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 FY 2023-24 Red Lined Investment Policy Exhibit 3 Hilltop Securities Compliance Letter Exhibit 4 Resolution H. ID 23-2182 Consider approval of a resolution of the City Council of the City of Denton authorizing Page 5 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 and designating representatives of the City to authorized representatives of the City of Denton as a participant in the Texas local government investment pool (“TexPool”); authorizing the Mayor to execute a resolution amending the City of Denton authorized representatives; and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Resolution R22-2179 Exhibit 3. Resolution I. ID 23-2241 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $300,000,000 in principal amount of "City of Denton Utility System Revenue Refunding Bonds, Series 2024”; authorizing the issuance of the bonds; delegating the authority to certain city officials to execute certain documents relating to the sale of the bonds; approving and authorizing instruments and procedures relating to said bonds; enacting other provisions relating to the subject; and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Ordinance J. ID 23-2262 Consider adoption of an ordinance of the City of Denton, Texas, authorizing an expenditure of funds in the amount of $926,840.18 for additional payments of wholesale transmission charges, specifically payments to American Electric Power and Garland Power & Light; declaring a public purpose; and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet.pdf Exhibit 2. Ordinance K. ID 23-2251 Consider adoption of an ordinance of the City of Denton amending the Code of Ordinances, related to Chapter 2, titled “Administration,” Article XI, titled “Ethics,” to eliminate the alternate member positions; providing for findings of fact; providing severability; providing a repealer clause, providing codification; confirming proper notice and meeting; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Ordinance.pdf L. ID 23-2324 Consider adoption of an ordinance of the City of Denton amending the Board of Ethics’ Rules of Procedure as required by the Code of Ordinances, Chapter 2, Article XI, Section 2-277(k) to remove references to alternate members; providing for severability; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Ordinance.pdf Exhibit 3 - Board of Ethics Rules of Procedure Clean.pdf M. ID 23-2213 Consider adoption of an ordinance of the City of Denton establishing classifications and positions in the Denton Fire Department; creating certain positions; repealing Ordinance No. 23-949 relating to establishing the classifications and prescribing the number of positions in each classification for the Denton Fire Department; providing repealer, Page 6 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 cumulative, and severability clauses; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance N. ID 23-2259 Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Ambulance Services Exhibit 2 Ordinance with Interlocal Cooperation Agreement and EMS 2024 Funding Formula O. ID 23-2260 Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Fire Exhibit 2 Ordinance with Interlocal Cooperation Agreement and Fire FY 2024 Funding Formula P. ID 23-2276 Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to Airport Lease for GKY Holdings 1, LLC covering property at 4858 Lockheed Lane, Denton, Texas at the Denton Enterprise Airport; amending the existing airport lease; authorizing the City Manager to execute the First Amendment 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 - Ordinance - First Amendment to Airport Lease Exhibit 4 - LLC information Q. ID 23-2352 Consider adoption of an ordinance of the City of Denton approving an Assignment of Airport Lease from Nebrig Properties, LP to Mark Hicks Transport, LLC covering property located at 4801 John Carrell Road, Denton, Texas at the Denton Enterprise Airport; amending the existing Airport Lease; authorizing the City Manager to execute the Assignment of Airport and Consent Agreement; 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 R. ID 23-2282 Consider approval of a resolution of the City of Denton ratifying the submission of application information and documents to the Texas Department of Transportation Routine Airport Maintenance Program (RAMP) Grant 2024 in the amount of $100,000 for materials and maintenance costs; and providing an effective date. Page 7 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution S. ID 23-2283 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 Denton Black Chamber of Commerce, Inc., for the payment and use of hotel tax revenue in support of the Denton Blues Festival; and providing an effective date. ($60,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance T. ID 23-2284 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 Denton Black Film Festival Institute, Inc., for the payment and use of hotel tax revenue in support of the Denton Black Film Festival; and providing an effective date. ($51,500 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance U. ID 23-2285 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 Kiwanis Club of Denton, Breakfast, Denton, Texas for the payment and use of hotel tax revenue in support of the Turkey Roll Bicycle Rally; and providing an effective date. ($6,200- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance V. ID 23-2287 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 Denton Chamber of Commerce, Inc., (Discover Denton) for the payment and use of hotel tax revenue in support of Discover Denton; and providing an effective date. ($1,657,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance W. ID 23-2288 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Denton Community Market, Inc., for the payment and use of hotel tax revenue in support of the Denton Community Market; and providing an effective date. ($68,400- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance X. ID 23-2289 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Denton County for the payment Page 8 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 and use of hotel tax revenue in support of the Denton County Museums; and providing an effective date. ($290,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Y. ID 23-2290 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 Denton Day of the Dead Festival, Inc., for the payment and use of hotel tax revenue in support of the Denton Day of the Dead Festival; and providing an effective date. ($65,000- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Z. ID 23-2292 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 Denton Festival Foundation, Inc., for the payment and use of hotel tax revenue in support of the Denton Arts and Jazz Festival; and providing an effective date. ($125,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AA. ID 23-2293 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 Denton Holiday Festival Association, Inc., for the payment and use of hotel tax revenue in support of the Denton Holiday Lighting Festival; and providing an effective date. ($50,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AB. ID 23-2294 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 Denton Central Business District Association, Inc., for the payment and use of hotel tax revenue in support of the Denton Main Street Association; and providing an effective date. ($80,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AC. ID 23-2295 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 Denton Parks Foundation, Inc., for the payment and use of hotel tax revenue in support of Cinco de Mayo Festival, Juneteenth Celebration, and Dog Days of Denton; and providing an effective date. ($134,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Page 9 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 AD. ID 23-2296 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 Greater Denton Arts Council, Inc., for the payment and use of hotel tax revenue in support of art exhibitions and programming; and providing an effective date. ($160,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AE. ID 23-2297 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 North Texas State Fair Association, Inc., for the payment and use of hotel tax revenue in support of the North Texas Fair and Rodeo; and providing an effective date. ($312,400 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AF. ID 23-2298 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 Real Waves Radio Network for the payment and use of hotel tax revenue in support of KUZU Presents; and providing an effective date. ($13,300- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AG. ID 23-2299 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 Tejas Storytelling Association for the payment and use of hotel tax revenue in support of the City of Denton Texas Storytelling Festival; and providing an effective date. ($59,055- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AH. ID 23-2300 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Denton Community Theatre (Theater Denton) for the payment and use of hotel tax revenue in support of the 2024 Performance Season; and providing an effective date. ($27,000- Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AI. ID 23-2301 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Texas Filmmakers Corporation for the payment and use of hotel tax revenue in support of the Thin Line Fest; and providing an effective date. ($50,000- Community Partnership Committee recommends approval 3-0) Page 10 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AJ. ID 23-2302 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an agreement between the City of Denton and Texas Veterans Hall of Fame Foundation, Inc., for the payment and use of hotel tax revenue in support of programming and ceremonies; and providing an effective date. ($55,000 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AK. ID 23-2303 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 Denton Chamber of Commerce, Inc., (Discover Denton) for the payment and use of hotel tax revenue in support of the Downtown Ambassador Program; and providing an effective date. ($28,400 - Community Partnership Committee recommends approval 3-0) Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance AL. ID 23-2268 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 Terex Utilities Inc., through the Sourcewell Cooperative Purchasing Network Contract Number 110421, for the acquisition of three (3) digger derricks for Denton Municipal Electric and the Parks and Recreation Departments; authorizing the expenditure of funds therefor; and providing an effective date (File 8253 - awarded to Terex Utilities Inc., in the not-to-exceed amount of $1,465,730.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Cooperative Quotes Exhibit 3 - Ordinance AM. ID 23-2312 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 Parkhill, Smith & Cooper, Inc., to provide permitting services, conceptual design services, and land entitlement services for the Municipal Solid Waste Transfer Station Project for the Solid Waste and Recycling Department; providing for the expenditure of funds therefore; and providing an effective date (RFQ 7109-035 - Professional Services Agreement for professional services awarded to Parkhill, Smith and Cooper, Inc. in the not-to-exceed amount of $587,100.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract AN. ID 23-2313 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 Wells Fargo Merchant Services, LLC, amending the contract approved by City Council on December 14, 2021, in the not-to-exceed amount of $5,000,000.00, Page 11 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 said first amendment to continue to provide debit/credit card processing for all City departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 7436 - providing for an additional first amendment expenditure amount not-to-exceed $1,250,000.00, with the total contract amount not-to-exceed $6,250,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 AO. ID 23-2314 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 Professional Services Agreement between the City of Denton and MRE Consulting, Ltd., amending the contract approved by City Council on March 2, 2021, in the not-to-exceed amount of $350,000.00; said first amendment to continue to provide for Energy Trading and Risk Management Consulting Services for the Denton Municipal Electric Department and to extend the contract through September 4, 2024; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7538 - providing for an additional first amendment expenditure amount not-to-exceed $87,500.00, with the total contract amount not-to-exceed $437,500.00, and extending the contract to September 4, 2024). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 AP. ID 23-2315 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 Southwest Fluid Products, Inc., for the gravity thickener repair at the Pecan Creek Water Reclamation Plant for the Water Utilities Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8310 - awarded to Southwest Fluid Products, Inc., in the not-to-exceed amount of $245,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract AQ. ID 23-2316 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 Freese and Nichols, Inc., for water supply and hydrology consulting services for the Water Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8345 - Professional Services Agreement for consulting services awarded to Freese and Nichols, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,250,000.00). Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2 - Ordinance and Contract Page 12 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 AR. ID 23-2317 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 Fisher Scientific Company L.L.C., through the Omnia Partners Cooperative Purchasing Network Contract # 2021002889, for the procurement of general laboratory supplies for the Municipal Laboratory and Water Production Laboratory; providing for the expenditure of funds therefor; and providing an effective date (File 8371 - awarded to Fisher Scientific Company L.L.C., in the three (3) year not-to-exceed amount of $230,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Index Exhibit 3 - Ordinance and Contract AS. ID 23-2318 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 Illinois Tool Works Inc. dba E.H. WACHS, through the Buy Board Cooperative Purchasing Network Contract # 685-22, for the purchase and repair of valve servicing utility bodies for the Water Department; providing for the expenditure of funds therefor; and providing an effective date (File 8375 - awarded to Illinois Tool Works Inc. dba E. H. WACHS, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $600,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Cooperative Pricing Exhibit 3 - Ordinance AT. ID 23-2319 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 Thompson Safety LLC, for first aid cabinets, eyewash and shower station inspections, and sharps containers for the Safety Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8340 - awarded to Thompson Safety LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $287,500.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract AU. ID 23-2320 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal cooperation, authorizing the City Manager to execute a contract with Whirlix Design, Inc., through the Buy Board Cooperative Purchasing Network Contract # 679-22, for the construction of a playground, shade, and pavilion at Joe Skiles Playground for the Parks and Recreation Department; providing expenditure of funds therefore; and providing an effective date (File 8388 - awarded to Whirlix Design, Inc., in the not-to-exceed amount of $191,299.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Playground and Pavilion Renderings Exhibit 3 - Ordinance and Contract Page 13 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 AV. ID 23-2321 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 WIPCO, INC., for the purchase of two (2) bulk bleach tanks for the Ray Roberts Water Treatment Plant Temporary Chlorine Conversion Project for the Water Production Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8319 - awarded to WIPCO, INC., in the not-to-exceed amount of $85,774.23). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract AW. ID 23-2323 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the Texas Woman’s University, under the Texas Government Code, Section 791.001, to authorize the City of Denton to utilize Texas Woman’s University pre-employment physical assessments for the City of Denton Police Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 8390 - award an Interlocal Cooperative Purchasing Agreement with the Texas Woman’s University for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $49,500.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Interlocal Agreement AX. ID 23-2350 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 Professional Services Agreement between the City of Denton and Coffman Associates, Inc., amending the contract approved by Purchasing on July 26, 2023, in the not-to-exceed amount of $15,000.00; said first amendment to continue to provide a financial analysis for the Airport; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8133 - providing for an additional first amendment expenditure amount not-to-exceed $71,250.00, with the total contract amount not-to-exceed $86,250.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Contract Exhibit 3 - Ordinance and Amendment 1 AY. ID 23-2405 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and RPS Infrastructure, Inc., amending the contract approved by City Council on September 18, 2018, in the not-to-exceed amount of $2,031,479.50, amended by Amendments 1 and 2 approved by City Council; said third amendment to provide engineering and design services relating to the Bonnie Brae Phase 6 - West University Drive (US 380) to North Elm Street (US 77) street improvement project for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-032 - providing for an additional third amendment expenditure amount not-to-exceed $368,038.20, with the Page 14 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 total contract amount not-to-exceed $3,137,886.70). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance, Contract, Ordinance, Amendment 1, Ordinance, and Amendment 2 Exhibit 3 - Ordinance and Amendment 3 AZ. ID 23-2355 Consider approval of a resolution of the City Council of the City of Denton denying Hwy 377 Partners, Ltd.'s petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BA. ID 23-2356 Consider approval of a resolution of the City Council of the City of Denton denying 2020 Long Tail Trail Investments, LLC's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BB. ID 23-2357 Consider approval of a resolution of the City Council of the City of Denton denying Joe Erwin and Barbara Erwin's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BC. ID 23-2358 Consider approval of a resolution of the City Council of the City of Denton denying Robert Hawk and Celia Hawk's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BD. ID 23-2359 Consider approval of a resolution of the City Council of the City of Denton denying Ryan Kayay, Harry Speake III, and Nathan Murray's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BE. ID 23-2360 Consider approval of a resolution of the City Council of the City of Denton denying Red Bird Ridge, LLC, Ashlee Rivers, and Reed Rivers's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Page 15 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BF. ID 23-2361 Consider approval of a resolution of the City Council of the City of Denton denying Red Bird Ridge, LLC, Abigail Mount Miller, and Crispin Mount Miller's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BG. ID 23-2362 Consider approval of a resolution of the City Council of the City of Denton denying Rodrigo Garcia's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BH. ID 23-2363 Consider approval of a resolution of the City Council of the City of Denton denying Mutual First, LLC's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BI. ID 23-2364 Consider approval of a resolution of the City Council of the City of Denton denying Keith Dill and Leah Dill's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BJ. ID 23-2365 Consider approval of a resolution of the City Council of the City of Denton denying Carlos Sandoval's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution BK. ID 23-2366 Consider approval of a resolution of the City Council of the City of Denton denying 636 Denton Dev Company, LLC's petition for removal of property from the extraterritorial jurisdiction of the City of Denton and denying the City's consent to the reduction of the City's extraterritorial jurisdiction; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Draft Resolution Page 16 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 23-2242 Consider adoption of an ordinance of the City of Denton, Texas amending the master ordinance that established the City of Denton extendable commercial paper financing program and authorized extendable commercial paper notes, series A to add general obligation bonds authorized by the voters within the City at an election held on November 7, 2023; providing for approval by the attorney general, and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Ordinance Exhibit 3. Presentation B. ID 23-2243 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $100,000,000 in principal amount of "City of Denton General Obligation Refunding Bonds”; authorizing the issuance of the Bonds; delegating the authority to certain city officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; enacting other provisions relating to the subject; and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Ordinance Exhibit 3. Presentation C. A23-0003c Conduct the second of two readings of an ordinance of the City of Denton, Texas annexing approximately 7.25 acres of land, generally located 224 feet north of E. McKinney Street and 1,140 feet east of Trinity Road, into the City of Denton, Denton County, Texas; extending the boundary limits of the City of Denton to include the annexed property in the city limits; providing for a corresponding amendment to the city map to include the annexed land; and providing for a savings clause and an effective date. (A23-0003c, Walker Tract Annexation, Angie Manglaris) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Site Location Map Exhibit 3 - Future Land Use Map Exhibit 4 - Current Zoning Map Exhibit 5 - Draft Annexation Ordinance Exhibit 6 - LLC Members List Exhibit 7 - Presentation D. ID 23-2351 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to authorize the spend for an insurance binder to Archer Contingent Energy Risk, LLC, for forced outage insurance for the Denton Energy Center for the Winter of 2023-2024; providing for the expenditure of funds therefor; and providing an effective date (RFP 8389 - authorizing the spend for power plant forced outage insurance coverage for the Winter of 2023-2024 and awarding such insurance binder to Archer Contingent Energy Risk, LLC, in the not-to-exceed amount of $950,000.00). Page 17 Printed on 12/8/2023 City Council Meeting Agenda December 12, 2023 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance E. ID 23-2419 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, temporarily waiving requirements to purchase winter outage insurance for the Denton Energy Center under the 2023 Denton Municipal Electric Energy Risk Management Policy; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. NOTE: The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.089 of the Texas Open Meetings Act. 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 December 8, 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. Page 18 Printed on 12/8/2023