City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, August 20, 2024 2:00 PM Council Work Session Room & Council Chambers 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 REGULAR MEETING BEGINS AT 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: 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 8/23/2024 City Council Meeting Agenda August 20, 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, August 20, 2024 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 24-476 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet 8.20 Page 2 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 3. Work Session Reports A. ID 24-1513 Receive a report and hold a discussion regarding the Denton County Transportation Authority (DCTA) quarterly update. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation B. ID 24-228 Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2024-25 Proposed Budget, Tax Rate, Capital Improvement Program, and Five-Year Financial Forecast. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Presentation Exhibit 3. Budget Workshop Follow-Up Memo Exhibit 4. Funding of Council Priorities.pdf C. ID 24-1514 Receive a report, hold a discussion, and give staff direction regarding proposed changes to the Two-Minute Pitch process. [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 24-1410 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, dismissal, compensation, and/or contract of the City Auditor. B. ID 24-1411 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, dismissal, compensation, and/or contract of the Municipal Judge. C. ID 24-1131 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's attorneys on the legal status, strategy and options for a discussion, and give staff direction regarding expired Non-Annexation Agreements and Restrictive Covenants Page 3 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 in the City of Denton; 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. D. ID 24-1640 Deliberations Regarding Certain Public Power Utilities Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. This agenda item is related to Items for Individual Consideration Agenda Item C. ID 24-1293 and will be a placeholder unless Council members have questions requiring confidential discussion as allowed by law. Receive information from staff containing public power information related to a Power Purchase Agreement between the City of Denton, as the seller of power and electric energy services, and Core Scientific Inc.; discuss, deliberate, and provide direction to staff regarding same. Consultation with City’s attorney regarding issues associated with the above matter where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton under Texas Disciplinary Rule of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative or potential litigation. E. ID 24-1656 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the legal status, expenses, strategy and options for resolution of litigation in Cause No. DC-22-17013, styled “City of Denton, Texas, acting by and through its Electric Utility Department, Denton Municipal Electric v. Delilah Solar Energy, LLC and Samson Solar Energy, LLC, pending in the 192nd District Court, Dallas 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. 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. Page 4 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 _________________________________________________________________________________ AFTER DETERMINING THAT A QUORUM IS PRESENT, THE REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL WILL CONVENE AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A. ID 24-1535 Proclamation: North Texas Overdose Awareness Day 3. PRESENTATIONS FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Reports from members of the public shall be received through the following two (2) methods. A total of up to seven (7) speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. 1) Pre-registration. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. a. ID 24-1606 Mr. Charles Lee regarding the presidential election. b. ID 24-1607 Ms. Donna Smith regarding a new day. c. ID 24-1608 Ms. Mary Kuhfeldt regarding incentivizing commercial recycling. d. ID 24-1628 Mr. Mat Pruneda regarding addressing council members. e. ID 24-1629 Mr. Mark Cowan regarding request for building code change. f. ID 24-1654 Mr. Max Kitzmiller regarding swim team without pool. 2) Open Microphone. This section of the agenda permits any person who has not registered in advance for a citizen report to make comments about public business items not listed on the agenda. Such person(s) shall have registered using the “Virtual White Card” or “By Phone” process outlined by the City on its website or meeting notice. Page 5 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual information; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 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 – T). 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 24-433 Consider approval of the minutes of the July 23, 2024 Special Called Meeting, August 6, 2024 Regular Meeting and August 10, 2024 Budget Workshop. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - July 23, 2024 Minutes Exhibit 3 - August 6, 2024 Minutes Exhibit 4 - August 10, 2024 Minutes B. ID 24-500 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Charter Review Committee, Denton Police Department Chief of Police Advisory Board, Health and Building Standards Committee, and Library Board. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List C. ID 24-1578 Consider approval of a resolution of the City of Denton excusing the August 5, 2024 meeting absence of Parks, Recreation and Beautification Board Member Elinor Lichtenberg; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Page 6 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 D. ID 24-1252 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Interlocal Agreement in the form of a Memorandum of Understanding between the City of Denton and the Denton Independent School District (DISD), for reimbursement to the City in the estimated amount of $913,149 for compensation and benefits of Student Resource Officers (SROs) assigned at DISD for the period of July 1, 2024, through June 30, 2025, and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance E. ID 24-1518 Consider adoption of an ordinance of the City of Denton, Texas, amending the expenditure of funds to authorize an increase of $858,593.15 for the payment of wholesale transmission charges to American Electric Power, City of Bryan, Electric Transmission Texas, Garland Power & Light, and Lower Colorado River Authority; declaring a public purpose; and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Ordinance F. ID 24-1507 Consider approval of a resolution of the City of Denton, Texas, approving and authorizing submission of the 2022-2023 Tax Increment Reinvestment Zone Number One (TIRZ #1) Annual Report; and declaring an effective date. The Downtown TIRZ Number One Board recommends approval (5-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution and Downtown TIRZ #1 Annual Report 2022-23 G. ID 24-1574 Consider approval of a resolution of the City of Denton amending Policy No. 107.07 “Mental Health Leave” to revise the provisions to comply with state law; to ensure clarity regarding the application of the policy; to revise the title of the policy to state “Mental Health Leave for Peace Officers, Telecommunicators, and Firefighters”; and declaring an effective date. Attachments: Exhibit 1 - AIS - 107.07 Mental Health Leave Exhibit 2 - Resolution - 107.07 Mental Health Leave Exhibit 3 - Policy No. 107.07 Mental Health Leave H. ID 24-1503 Consider adoption of an ordinance of the City of Denton granting Ashes Smoke Shop, LLC, a noise exception for Ashes Friday the 13th event on Friday, September 13, 2024, from 11 a.m. to 11 p.m., at 420 S. Carroll Boulevard; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance I. ID 24-1504 Consider adoption of an ordinance of the City of Denton, authorizing the city manager to enter into an agreement between the city and STH Project, Inc. A non-profit corporation (“STH Project”), to provide summer breakfasts, lunches, and afterschool supper, to children under the age of eighteen and qualifying disabled participants through age 21 at no charge to said recipients at designated City of Denton Park and Recreation facility Page 7 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 sites; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3- Agreement J. ID 24-1665 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to an engagement between the City of Denton and Banowsky, P.C., amending the engagement approved by the City Attorney on August 8, 2022 in the not-to-exceed amount of $49,500.00; amended by a first amendment approved by the City Manager; said second amendment to satisfy final invoice for legal services rendered to the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 8235 - providing for a second amendment expenditure amount not-to-exceed $8,545.95, with the total contract amount not-to-exceed $107,545.95). Attachments: Exhibit 1- AIS.pdf Exhibit 2 - Ordinance.pdf K. ID 24-1645 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute Amendment 1 to the funding Agreement between the City and Denton Affordable Housing Corporation approved by City Council on October 17, 2023; said first amendment to extend the project completion deadline from August 30, 2024 to November 30, 2024; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Denton Affordable Housing Corporation Ordinance - Agreement 1 Exhibit 3 - Ordinance #23-1420 L. ID 24-1561 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 Quorum Architects, Inc., for the design of the renovation to the Service Center for multiple departments as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8454 - Professional Services Agreement for design services awarded to Quorum Architects, Inc., in the not-to-exceed amount of $5,906,100.00). The Public Utilities Board recommends approval (4 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance and Contract M. ID 24-1562 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to approve a pre-qualified professional services list of state certified engineers for professional engineering services for the Solid Waste and Recycling Department; and providing an effective date (RFQ 8525 - for a three (3) year term). The Public Utilities Board recommends approval (4 - 0). Page 8 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance N. ID 24-1563 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 Titan Utility Services, LLC, for testing, repair, replacement, and disposal of dielectric protected tools for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 8547 - awarded to Titan Utility Services, LLC, 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). The Public Utilities Board recommends approval (4 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract O. ID 24-1564 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 Excavation Safety System, Inc., for the continuation of the services for utility line locates for the Water Distribution, Wastewater Collections, Water Metering, and Denton Municipal Electric Departments provided by Texas811, which is the sole provider of this service, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000, shall be awarded by the governing body; providing for the expenditure of funds therefor; and providing an effective date (File 8605 - awarded to Texas Excavation Safety System, Inc., in the five (5) year not-to-exceed amount of $750,000.00). The Public Utilities Board recommends approval (4 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Quote Exhibit 3 - Ordinance P. ID 24-1565 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 Continental Partition Systems, LLC, for the maintenance, repair, and purchase of partitions for various City buildings for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8469-1 - awarded to Continental Partition Systems, LLC, 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). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract Q. ID 24-1566 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 Foster & Freeman USA Inc., for the purchase of two (2) Crime-lite AUTO Systems, accessories, and training for the Police Department; providing for the expenditure of funds therefor; and Page 9 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 providing an effective date (RFP 8484 - awarded to Foster & Freeman USA Inc., in the not-to-exceed amount of $88,823.70). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract R. ID 24-1567 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Construction Manager at Risk contract with Core Construction Services of Texas, Inc., for pre-construction services of the Fire Station No. 5 & 6 project for the Capital Projects and Fire Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 8559 - awarded to Core Construction Services of Texas, Inc., in the not-to-exceed amount of $40,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract S. ID 24-1568 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 Hance Scarborough, LLP, for state legislative consultation services for the City of Denton as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8580 - Professional Services Agreement for consultation services awarded to Hance Scarborough, LLP, for two (2) years, with the option for one (1) additional two (2) year extension, in the total four (4) year not-to-exceed amount of $369,600.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Evaluation Sheet Exhibit 3 - Ordinance and Contract T. ID 24-1618 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Construction Manager at Risk contract with Steele & Freeman, Inc., for pre-construction services of the Linda McNatt - Animal Care and Adoption Center for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8558 - awarded to Steele & Freeman, Inc., in the not-to-exceed amount of $20,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract 5. PUBLIC HEARINGS A. ID 24-977 Hold a public hearing inviting citizens to comment on the proposed updates to Chapter 17 of the City of Denton Property Maintenance Code of Ordinances; such updates include administrative best practice improvements, definition clarifications, and a complete overhaul of the dangerous structure section. Page 10 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - HABSCo Letter Exhibit 3 - DPMC Ch 17 - Redline Exhibit 4 - Draft Ordinance Exhibit 5 - Presentation B. DCA24-0009 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas a amending the Denton Development Code regarding charter schools, including but not limited to amendments to Table 5.2-A: Table of Allowed Uses, Subsection 5.3.4: Public, Institutional, Religious, and Civic Uses Use-Specific Standards, Table 7.9-I: Minimum Required Off-Street Parking, and Section 9.2: Definitions related to the applicability and requirements of charter school uses; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [4-1] to recommend approval. Motion for approval was made by Commissioner Cole and second by Commissioner Padron. (DCA24-0009a, Charter School Uses, Erin Stanley) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Draft Ordinance Exhibit 4 - House Bill 1707 Exhibit 5 - Staff Presentation C. CA24-0001a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Comprehensive Plan Amendment on approximately 92.382 acres from Rural Areas future land use designation to Community Mixed Use and Moderate Residential future land use designation. The property is generally located north of Johnson Lane, south of Allred Road and approximately 2,325 feet east of John Paine Road; adopting an amendment to the City’s official Future Land Use Map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [3-2] to recommend approval of the request. Motion for approval was made by Commissioner Cole and seconded by Commissioner Thaggard. (CA24-0001a, Dentex Comprehensive Plan Amendment, Angie Manglaris). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Existing Future Land Use Map Exhibit 5 - Proposed Future Land Use Map Exhibit 6 - Notification Map and Responses Exhibit 7 - Draft Ordinance Exhibit 8 - Presentation D. Z24-0009a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Page 11 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 Texas, regarding a change in the zoning district and use classification from Rural Residential District to Mixed Use Neighborhood (MN) and Residential 6 (R6) District on approximately 92.382 acres of land generally located north of Johnson Lane, south of Allred Road and approximately 2,325 feet east of John Paine Road; 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 a severability clause and an effective date. The Planning and Zoning Commission voted [3-2] to recommend approval of the request. Motion for approval was made by Commissioner Cole and seconded by Commissioner Thaggard. (Z24-0009a, Dentex Rezoning, Angie Manglaris). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Existing Zoning Map Exhibit 5 - Proposed Zoning Map Exhibit 6 - Future Land Use Map Exhibit 7 - Comparison of Allowed Uses Exhibit 8 - Notification Map and Response Exhibit 9 - Fiscal Impact Analysis Exhibit 10 - Draft Ordinance Exhibit 11 - Presentation E. DCA23-0002i Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the Denton Development Code, regarding short-term rental use regulations and definitions, specifically amendments to Table 5.2-A- Table of Allowed Uses, Subsection 5.3.1 Use-Specific Standards - Generally, Subsection 5.3.5: Commercial Use-Specific Standards, Table 7.9-I Parking, and Section 9.2: Definitions; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [5-0] to recommend approval of the request. Motion for approval was made by Commissioner Villareal and seconded by Commissioner Pruett. THIS ITEM HAS BEEN PLACED ON THE AGENDA DUE TO A TIE VOTE AT THE JULY 23, 2024, CITY COUNCIL MEETING. IN ORDER TO COMPLY WITH NOTICE REQUIREMENTS, NO ACTION WILL BE TAKEN ON THIS ITEM UNTIL THE SEPTEMBER 24, 2024, CITY COUNCIL MEETING. (DCA23-0002i, Short-Term Rentals, Angie Manglaris) Attachments: Exhibit 1 - Agenda Information Sheet 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 24-781 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Amended and Restated Development Agreement with D.R. Horton - Texas, LTD., a Texas Limited Partnership and Forestar (USA) Real Estate Group Inc. to increase the allowed multifamily units and specify future annexation procedures and related fees for a portion of the MUD into the corporate limits of the City of Denton and to execute a first amendment to the Fire Protection Services Agreement with Legends Page 12 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 Ranch Municipal Utility District of Denton County to modify the service area; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreements Exhibit 3 - Presentation B. ID 24-1310 Consider adoption of an ordinance of the City of Denton approving the execution and delivery of a financing agreement with the Texas Water Development Board regarding the issuance of utility system revenue bonds by the City for waterworks system improvements and related issuance costs, and approving the obligations of the City with respect to such agreement; authorizing the City Manager, City Secretary, and Chief Financial Officer to take the actions necessary to accomplish the purposes of the ordinance and resolving other matters related to the subject; and providing an effective date. The Public Utility Board recommends approval (4-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Draft Financing Agreement Exhibit 4 - Presentation C. ID 24-1293 Consider adoption of an ordinance of the City of Denton, A Texas Home-Rule Municipal Corporation (the “City”), authorizing the City Manager to execute Amendment number three (3) to the Power Purchase Agreement between the City and Core Scientific Inc., a Delaware Corporation; providing for an effective date. The Public Utilities Board recommends approval (4 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation D. ID 24-1296 Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule Municipal Corporation (The “City”), authorizing the City Manager to execute Amendment Number Two (2) to the Lease Agreement between the City and Core Scientific Inc., a Delaware Corporation; providing for an effective date. The Public Utilities Board recommends (4 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation E. ID 24-1626 Consider approval of a resolution of the City of Denton, Texas placing a proposal on the September 17, 2024, City Council public meeting agenda to adopt a 2024 Tax Rate that will exceed the lower of the no-new-revenue tax rate or the voter approval tax rate; calling a public hearing on the proposed tax rate which will result in an increase in tax revenue to the City for fiscal year 2024-25, to be held on September 10, 2024; calling a public hearing on the budget for the fiscal year 2024-2025 Annual Program of Services of the City of Denton to be held on September 10, 2024; requiring the publication and Page 13 Printed on 8/23/2024 City Council Meeting Agenda August 20, 2024 posting of notices of the public hearings and meetings in accordance with the law; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution 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 August 16, 2024, 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. 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