City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, January 9, 2024 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 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 1/8/2024 City Council Meeting Agenda January 9, 2024 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, January 9, 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 23-2422 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet Page 2 Printed on 1/8/2024 City Council Meeting Agenda January 9, 2024 3. Work Session Reports A. ID 23-2426 Receive a report, hold a discussion, and give staff direction regarding appointments to vacancies on City of Denton boards and commissions. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Presentation.pdf B. ID 23-2425 Receive a report, hold a discussion, and give staff direction regarding a future charter amendment election. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Presentation.pdf C. ID 23-2423 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1) Request seeking a supermajority for a resolution to go directly onto an upcoming agenda to express support for state legislation similar to H.B. 870 and S.B. 1989, which would prohibit pet stores from selling dogs or cats unless they are obtained from an animal control agency, an animal shelter, or an animal rescue organization. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Ordinance 23-1431.pdf Exhibit 3 - Presentation.pdf Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 23-2376 Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; Consultation with Attorneys - Texas Government Code, Section 551.071. Receive a report and hold a discussion regarding the offer of a financial or other incentive to Fine Arts Theater of Denton, LLC. This discussion shall include commercial and financial information, including an economic development incentive request, the City has received from Fine Arts Theater of Denton, LLC, a developer, which the City Council seeks to have locate, stay, renovate or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations. Consult with the City’s attorneys about legal matters related to economic development incentives to potentially be offered to Fine Arts Theater of Denton, LLC, where a discussion of these legal matters in an open meeting would conflict with the duty of City’s attorneys to the Page 3 Printed on 1/8/2024 City Council Meeting Agenda January 9, 2024 City of Denton and its City Council under the Texas Disciplinary Rules of Professional Conduct. B. ID 23-2377 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 the Original Town of Denton, Abstract 511, in the City of Denton, Denton County, Texas, located along North Locust Street where a public deliberation of such potential purchase would have a detrimental effect on the City’s position in negotiations with a third party. 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 – N). 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 Page 4 Printed on 1/8/2024 City Council Meeting Agenda January 9, 2024 considered as the first items following approval of the Consent Agenda. A. ID 23-2420 Consider approval of the minutes of the December 12, 2023 Special Called Meeting. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - December 12, 2023 Special Called Meeting Minutes - Draft B. ID 23-2421 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Committee on Persons with Disabilities. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List C. ID 23-2440 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Quorum Architects, Inc., amending the contract approved by the City Council on November 15, 2022, in the not-to-exceed amount of $663,800.00; amended by Amendment 1 approved by Purchasing; said second amendment to provide additional design services for the Solid Waste Maintenance Facility for the Capital Improvements Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7818-004 - providing for an additional second amendment expenditure amount not-to-exceed $90,000.00, with the total contract amount not-to-exceed $771,300.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance, Contract, and Amendment 1 Exhibit 3 - Ordinance and Amendment 2 D. ID 23-2441 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 C&C Environmental Services, Inc., for the removal, replacement, and inspection of filter media at the Ray Roberts Water Treatment Plant for the Water Production Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8355 - awarded to C&C Environmental Services, 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 $1,224,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract E. ID 23-2442 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 Classic Chevrolet, Inc., amending the contract approved by the City Council on September 21, 2021, in the not-to-exceed amount of $6,000,000.00; said first amendment to provide additional funding for the supply of light duty vehicles which include sedans, passenger vans, pickup trucks, hybrid, and electric vehicles for various City of Denton departments through the Fleet Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7661 - providing for an additional first amendment expenditure amount not-to-exceed $1,500,000.00, with the total Page 5 Printed on 1/8/2024 City Council Meeting Agenda January 9, 2024 contract amount not-to-exceed $7,500,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 F. ID 23-2443 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 Nelson + Morgan Architects, Inc., for the Municipal Court Renovation Design and Rendering project for the Facilities Management Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7818-009 - awarded to Nelson + Morgan Architects, Inc., in the not-to-exceed amount of $200,000.00). Attachments: Exhbit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract G. ID 23-2444 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 Motorola Solutions, Inc., through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program Contract Number RA05-21, for the renewal extension of radio system hardware, products and services, and support annual maintenance for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 8287 - awarded to Motorola Solutions, Inc., in the five (5) year not-to-exceed amount of $11,405,038.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract H. ID 23-2445 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 Texas Fire & Sound, Inc., for fire alarm monitoring, repairs, installation, and maintenance of various City buildings for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8313 - awarded to Texas Fire & Sound, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in total five (5) year not-to-exceed amount of $1,500,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract I. ID 23-2446 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 Piedmont Door Automation, LLC dba Piedmont Door Solutions, for the installation, equipment, repair, and replacement of doors for various city buildings for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8305 - awarded to Piedmont Door Automation, LLC dba Piedmont Door Solutions, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,000,000.00). Page 6 Printed on 1/8/2024 City Council Meeting Agenda January 9, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract J. ID 23-2447 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Techline, Inc., for the supply of 25KV Insulated Rubber Goods, Connectors, Hardware, and Accessories for the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (RFP 8359 - awarded to Techline, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $7,500,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract K. ID 23-2448 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 Custom Landscapes, Inc. dba Classic Landscapes and Maintenance, for a landscaping and improvement contractor for the Parks and Recreation Department and other City departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 8358 - awarded to Custom Landscapes, Inc. dba Classic Landscapes and Maintenance, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,375,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract L. ID 23-2451 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 Town of Prosper, under the Texas Government Code, Section 791.001, to authorize the Town of Prosper and City of Denton to utilize each entities’ solicited contracts for the purchasing of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 8447 - award an Interlocal Cooperative Purchasing Agreement with the Town of Prosper). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Interlocal Agreement N. 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 M. ID 23-2465 Consider adoption of an ordinance of the City of Denton establishing the Mobility Committee as an Advisory Committee; establishing the powers and duties of the Mobility Committee; dissolving the Traffic Safety Commission; dissolving the Council Mobility Page 7 Printed on 1/8/2024 City Council Meeting Agenda January 9, 2024 Committee; repealing all ordinances and resolutions in conflict herewith; providing for a severability clause and an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 23-2407 Consider adoption of an ordinance of the City of Denton amending Chapter 14, Article VIII of the Code of Ordinances (Non-Discrimination in Public Accommodations, Employment Practices, and Housing), to add a fair chance hiring provision to Section 14-203-5 setting hiring standards to limit employers’ consideration of the criminal history on an initial job application; providing severability; providing a savings clause; providing for publication and codification; providing for a penalty; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet - Fair Chance Hiring 010924.pdf Exhibit 2 - Presentation.pdf Exhibit 3 - ISR 2023-071 Fair Chance Hiring Engagement Report.pdf Exhibit 4 - Proposed Ordinance.pdf Exhibit 5 - Comprehensive Non-Discrimination Ordinance.pdf 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 January 5, 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 8 Printed on 1/8/2024 City Council Meeting Agenda January 9, 2024 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 9 Printed on 1/8/2024