City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, October 22, 2024 2:00 PM Council Work Session Room & Council Chambers Special Called WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL WORK SESSION ROOM CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING IN THE COUNCIL CHAMBERS CONSIDERATION OF PUBLIC HEARING(S) WILL BEGIN AT/AFTER 6:30 P.M. IN THE COUNCIL CHAMBERS REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Individuals may speak during a Council meeting under one of the following categories: 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 10/18/2024 City Council Meeting Agenda October 22, 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, October 22, 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 24-480 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet 10.22.pdf Page 2 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 3. Work Session Reports A. ID 24-2091 Receive a report, hold a discussion, and give staff direction regarding the City of Denton’s 89th State Legislative Program. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 89th Legislative Session Program (Proposed) Exhibit 3 - Presentation B. ID 24-2094 Receive a report, hold a discussion, and give staff direction regarding a business inclusion program for the City’s procurement department. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation C. ID 24-1432 Receive information from staff, discuss, deliberate, and provide staff with direction on the proposed Complaint Review, Investigation, and Corrective Action against City Council Appointees Policy. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Work Session C. 24-1432 CAP Policy Exhibit 3 - 109.05 CAP Complaint Review, Investigation, and Corrective Action Policy D. ID 24-1495 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1.) Temporarily expanding the Animal Shelter Advisory Committee from seven members to eleven members for a single two-year term, suspending residency requirements, allowing any Council Member to nominate individuals for the additional positions, and increasing meeting frequency from quarterly to monthly. 2.) Publishing all Council Member travel records and expenses on the City website and updating as necessary. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance 24-1725 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 24-2028 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Page 3 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 Government Code Section 551.071. Receive information from staff regarding an update to the Denton Municipal Electric Energy Risk Management Policy that includes public power utility competitive data; discuss, deliberate, and provide direction to staff regarding same. Consultation with City’s attorney regarding legal issues associated with the above matter where a 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 Texas Disciplinary Rule of Professional Conduct of State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. B. ID 24-1882 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. Receive information from staff containing public power information related to a Power Purchase Agreement between the City of Denton, as 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 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. 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 10/18/2024 City Council Meeting Agenda October 22, 2024 AFTER DETERMINING THAT A QUORUM IS PRESENT, THE SPECIAL CALLED MEETING OF THE CITY OF DENTON CITY COUNCIL WILL CONVENE IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS FOR CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION IMMEDIATELY FOLLOWING THE CLOSED MEETING, AND CONSIDERATION OF PUBLIC HEARING(S) WILL CONVENE AT 6:30 P.M., AT WHICH TIME THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PROCLAMATIONS/PRESENTATIONS A. ID 24-2128 Proclamation: Honoring State Representative Lynn Stucky 2. 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 – AC). 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 24-1116 Consider approval of a resolution of the City of Denton, Texas, establishing the terms for the resident members of the Mobility Committee; and providing for an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - Ordinance No. 23-2465 B. ID 24-2027 Consider adoption of an ordinance of the City of Denton repealing ordinance No. 23-1691; approving the 2024 Denton Municipal Electric - Energy Risk Management Policy (the "2024 ERMP"); delegating authority as provided in the 2024 ERMP; authorizing and approving the subsequent execution of such other ancillary and related documents, including, without limitation, contracts, nominations, certificates, assignments, licenses, directions, instruments, confirmations, orders, and statements as are authorized by the 2024 ERMP, which are incident to or related thereto; confirming that the city of Denton, its mayor, its city council members, its city manager, its city attorney, and its city secretary are authorized to perform such acts and obligations as are reasonably required to consummate those future transactions which are provided for and authorized by the 2024 ERMP; finding that the purchase of electricity, natural gas, and related commodities Page 5 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 and instruments are exempt from the requirements of competitive bidding; finding that the purchase of electric energy, natural gas, and related commodities and instruments made by the city under the terms of the 2024 ERMP are in the public welfare of the citizens and electric ratepayers of the city; authorizing the expenditure of funds therefor; and, providing an effective date. The Public Utilities Board recommends approval [6-0]. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - 2024 Risk Policy Ordinance Exhibit 3 - 2024 Risk Policy CLEAN Exhibit 4 - 2024 Risk Policy REDLINE C. ID 24-1997 Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Texas Parks and Wildlife Department (TPWD) Community Outdoor Outreach Program 2025 in an amount not to exceed $20,000 for program costs to create an environmental education program; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution D. ID 24-2057 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Area Running Club for the 2024 Turkey Trot and Kids Gobble Wobble sponsorship; and providing an effective date. ($3,890 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance E. ID 24-2058 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Black Chamber of Commerce for the 2025 Denton Blues Festival sponsorship; and providing an effective date. ($20,250 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance F. ID 24-2059 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Black Film Festival Institute, Inc., for the 2025 Denton Black Film Festival sponsorship; and providing an effective date. ($10,000 cash sponsorship and $5,830 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance G. ID 24-2060 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton’s Day of the Dead Festival, Inc. for the 2024 Day of the Dead Festival sponsorship; and providing an effective date. ($4,240 cash sponsorship and $14,630 in-kind services - Community Partnership Committee recommends approval 2-0) Page 6 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance H. ID 24-2061 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Festival Foundation for the 2024 Denton Arts and Jazz Festival sponsorship; and providing an effective date. ($20,000 cash sponsorship and $197,110 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance I. ID 24-2062 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Holiday Lighting Festival Association for the 2024 Denton Holiday Lighting Festival sponsorship; and providing an effective date. ($3,140 cash sponsorship and $22,430 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance J. ID 24-2063 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Parks Foundation for the 2025 Cinco de Mayo event sponsorship; and providing an effective date. ($29,070 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance K. ID 24-2064 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Parks Foundation for the 2025 Dog Days of Denton event sponsorship; and providing an effective date. ($7,680 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance L. ID 24-2065 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Parks Foundation for the 2025 Juneteenth Celebration event sponsorship; and providing an effective date. ($4,710 cash sponsorship and $28,650 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance M. ID 24-2066 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Explorium Denton for the 2025 Touch a Truck event sponsorship; and providing an effective date. ($2,040 in cash sponsorship and $1,120 in-kind services - Community Partnership Committee recommends approval 2-0) Page 7 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance N. ID 24-2067 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Friends with Benefits for the 2025 Boil Buddies Bash - Denton Mudbugs event sponsorship; and providing an effective date. ($770 in cash sponsorship and $2,810 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance O. ID 24-2068 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Fry Street Charities for the 2025 Fry Street Fair sponsorship; and providing an effective date. ($770 in cash sponsorship and $24,220 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance P. ID 24-2069 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Greater Denton Arts Council Inc. for the Artists Micro-Grants Program sponsorship; and providing an effective date. ($6,280 cash sponsorship - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Q. ID 24-2070 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Kiwanis Youth Services, Inc., for the 2025 Kiwanis Independence Day Jubilee sponsorship; and providing an effective date. ($75,300 cash sponsorship and $14,680 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance R. ID 24-2071 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and North Texas State Fair Association, Inc., for the 2025 North Texas Fair and Rodeo sponsorship; and providing an effective date. ($3,140 cash sponsorship and $19,890 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance S. ID 24-2072 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Texas Filmmakers’ Corporation for the 2025 Thin Line Fest sponsorship; and providing an effective date. ($9,420 cash sponsorship and $3,700 in-kind services - Community Partnership Committee recommends approval 2-0) Page 8 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance T. ID 24-2073 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Texas Veterans Hall of Fame Foundation for the 2024 Induction Ceremony sponsorship; and providing an effective date. ($3,140 cash sponsorship - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Odinance U. ID 24-2074 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and United Way of Denton County, Inc. for the 2024 Peterbilt Parade sponsorship; and providing an effective date. ($2,790 in-kind services - Community Partnership Committee recommends approval 2-0) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance V. ID 24-2080 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 6 to the Design-Build Agreement between the City of Denton and Beta Engineering, LLC, for the design and construction of the Hickory Gas Insulated Substation for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7670 - Change Order No. 6, in the not-to-exceed amount of $750,934.78, for a total contract award aggregated to $42,302,076.26). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance, Contract, Ordinance and Change Orders 1-5 Exhibit 3 - Ordinance and Change Order 6 W. ID 24-2081 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 Jagoe-Public Company, for the Morse Street Reconstruction and Improvements Project for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (CSP 8611 - awarded to Jagoe-Public Company, in the not-to-exceed amount of $2,518,025.48). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract X. ID 24-2083 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 Odessa Pumps and Equipment, Inc., through the Buy Board Cooperative Purchasing Network Contract # 672-22, for the purchase of new pumps, pump parts, repair and rebuild of pumps for the Water Production and Water Reclamation Departments; providing for the expenditure of funds therefor; and providing an effective date (File 8654 - awarded to Odessa Pumps Page 9 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 and Equipment, Inc., 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 $1,500,000.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Cooperative Pricing Exhibit 3 - Ordinance Y. ID 24-2085 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 McCownGordon Construction LLC, for preconstruction services for the Renovation of the City of Denton Service Center for the Capital Projects Department; providing for the expenditure of funds therefore; and providing an effective date (RFP 8567 - awarded to McCownGordon Construction LLC, in the not-to-exceed amount of $40,000.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract Z. ID 24-2086 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 Transcend, Inc. dba SPA Skateparks, through The Interlocal Purchasing System (TIPS) Cooperative Program Contract # 02042315, for the purchase and installation of skate ramp equipment at the Denton Skate Works Park for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File 8584 - awarded to Transcend, Inc., dba SPA Skateparks, in the not-to-exceed amount of $71,600.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract AA. ID 24-2087 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 IDEXX Distribution, Inc., for veterinary testing supplies and services for the Animal Services Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8615 - awarded to IDEXX Distribution, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total of five (5) year not-to-exceed amount of $300,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract AB. ID 24-2088 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 Doosan Bobcat North America, Inc. dba Bobcat Company, through the Buy Board Cooperative Purchasing Network Contracts #684-22, 685-22, and 706-23, for authorized Bobcat equipment purchases, maintenance, and repair services for the Fleet Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 8661 - awarded to Doosan Bobcat North America, Inc. dba Bobcat Company, for one (1) Page 10 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $2,100,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Cooperative Pricing Sheets Exhibit 3 - Ordinance and Contract AC. ID 24-2095 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager for cured in place pipe liner emergency rehabilitation for the Wastewater Collections Department through the Buy Board Cooperative Purchasing Network Contract # 731-24; and providing an effective date (File 8674 - awarded to Fuquay, Inc., in the not-to-exceed amount of $199,815.00). The Public Utilities Board recommends approval (6 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Declaration of Emergency Exhibit 3 - Ordinance 3. PUBLIC HEARINGS A. ID 24-2013 Hold a public hearing and consider adoption of an ordinance City of Denton making a finding, pursuant to the requirements of Chapter 26 of the Texas Parks and Wildlife code, that (1) there are no feasible and prudent alternatives to the change in use of approximately 3.739 acres of city park land, located within denia park in the City of Denton, Denton County, Texas, from a park to a public school for the construction of Denton Independent School District Borman Elementary School and (2) finding that all reasonable and planning has been done to minimize harm to the land as a park; and providing an effective date. (The Parks, Recreation and Beautification Board recommends approval with a vote of 5-0). Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3- Presentation Exhibit 4- Proposed Land Exchange Exhibit 5- Chapter 26 Parks and Wildlife Code Statute Exhibit 6- Denton ISD Request Letter B. DCA23-0002l 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 Section Table 5.2-A- Table of Allowed Uses, Section 5.3.1 Use-Specific Standards - Generally, Section 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. (DCA23-0002l, Short-Term Rentals, Angie Manglaris) Page 11 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Redline Markups Exhibit 4 - Short-Term Rental Survey Results Exhibit 5 - Survey Summary Presentation Exhibit 6 - Public Comment (includes letter from Greater Denton/Wise County Association of Realtors) Exhibit 7 - Draft Ordinance Exhibit 8 - Presentation C. ID 24-1932 Conduct the second of two public hearings and consider adoption of an ordinance of the City of Denton approving a Strategic Partnership Agreement between the City of Denton and Legends Ranch Municipal Utility District of Denton County; authorizing and directing the Mayor of the City to execute the Strategic Partnership Agreement and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation D. AESA24-000 Hold a public hearing and consider adoption of an ordinance of the City of Denton, 1b Texas, approving an ecological mitigation plan for the disturbance of approximately 1.05 acres of Environmentally Sensitive Area generally located 266.11 feet east of Country Club Road and to the north of Hobson Lane in the City of Denton, Denton County, Texas; adopting an amendment to the city’s official environmentally sensitive areas map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [5-0] to recommend approval of the request. Motion for approval by Commissioner Pruett and second by Commissioner Ellis. (AESA24-0001b, Grand Parkside, Christi Upton) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Grand Parkside AESA Plan Exhibit 4 - Draft Ordinance Exhibit 5 - Notification Map and Responses Exhibit 6 - Staff Report E. AESA24-000 Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, 2b approving an ecological mitigation plan for the disturbance of approximately 29.9 acres of Environmentally Sensitive Areas generally located north of Johnson Lane, south of Allred Road and 2,325 feet east of John Paine Road in the City of Denton, Denton County, Texas; adopting an amendment to the city’s official environmentally sensitive areas map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [5-0] to recommend approval of the request. Motion for approval by Page 12 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 Commissioner Pruett and second by Commissioner Thaggard. (AESA24-0002b, Dentex, Christi Upton) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Dentex Alternative ESA Plan Exhibit 4 - Draft Ordinance Exhibit 5 - Notification Map and Responses Exhibit 6 - Staff Report 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 24-2035 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for the payment of wholesale transmission charges in the total amount of $9,437,871.69 and, providing an effective date. The Public Utilities Board recommends approval (5-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Presentation B. ID 24-1526 Consider adoption of an ordinance of the City of Denton considering all matters incident and related to the issuance, sale and delivery of $10,135,000 in principal amount of “City of Denton, Texas Utility System Revenue Bonds, Series 2024” to the Texas Water Development Board; authorizing the issuance 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. ID 24-2098 Consider nomination/appointment of Jason Kalishek as the ad hoc member of the City of Denton’s Capital Improvement Advisory Committee. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation D. ID 24-2084 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 regulatory permitting, process evaluation, and design services for the Ray Roberts Water Treatment Plant Expansion Project for the Water Utilities Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7574-029 - Professional Services Agreement for regulatory permitting, process evaluation, and design services awarded to Freese and Nichols, Inc., in the not-to-exceed amount of $21,000,000.00). The Public Utilities Board recommends approval (6 - 0). Page 13 Printed on 10/18/2024 City Council Meeting Agenda October 22, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Ordinance and Contract E. ID 24-2008 Consider adoption of an ordinance of the City of Denton, Texas establishing the schedule of rates for electric service; amending the Distributed Generation From Renewable Resources Rider and Renewable Cost Adjustment Schedules; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (6-0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Rate Ordinance Redline Exhibit 4 - Ordinance F. ID 24-2135 Consider adoption of an ordinance of the City of Denton suspending a portion of Section E.7, “Recusals,” of the Rules of Procedure for Conducting Meetings and Hearings of the Board of Ethics to allow for the processing of Ethics Complaint 24-002; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Ordinance.pdf 5. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on October 18, 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 Page 14 Printed on 10/18/2024 City Council Meeting Agenda October 22, 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 15 Printed on 10/18/2024