City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, December 17, 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 on consent agenda items, individuals must be present at the Work Session portion of the meeting. To provide in-person comments on individual consideration items, individuals must be present at the Regular or Special Session portion of the meeting. In both instances, individuals must also 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: Page 1 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 For public hearing items, speaker cards are encouraged but not required. 3. eComment: The agenda is posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the City Council immediately upon submission and recorded by the City Secretary into the Minutes of the Meeting. 4. By Phone: Individuals may register to provide comments by phone. Instructions and a link to register to comment by phone will be available at www.cityofdenton.com/publicmeetings until noon of the meeting date. Residents will submit contact information using the link provided and receive further instructions via email on how to join the meeting by phone and provide comments. _________________________________________________________________________________ After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 17, 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 submitting a completed speaker card (available at the meeting location) to the City Secretary at the commencement of the Work Session meeting. Registration is required prior to the time the City Council considers this item. 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 24-484 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet 12.17 Page 2 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 3. Work Session Reports A. ID 24-2288 Receive a report, hold a discussion, and give staff direction regarding an update to the Airport Master Plan. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1 - Agenda Information Sheet.pdf Exhibit 2 - Presentation.pdf B. ID 24-2471 Receive a report, hold a discussion, and give staff direction regarding an update to the 2023 Bond Program. [Estimated Presentation/Discussion Time: 45 minutes] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation C. ID 24-2479 Receive a report, hold a discussion, and give staff direction regarding establishing a city policy to grant authority to the City Manager or their designee to protest Texas Commission on Environmental Quality (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) permit applications seeking to discharge treated wastewater into Denton watersheds. [Estimated Presentation/Discussion Time: 30 min] Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2: 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 24-2524 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. Page 3 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 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. _________________________________________________________________________________ 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. 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 24-2530 Ms. Tracy Duckworth regarding homelessness. b. ID 24-2531 Ms. Stacy Haag regarding homelessness. Page 4 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 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. 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. 3. 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 24-441 Consider approval of the minutes of the December 3, 2024 Regular Meeting. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - December 3, 2024 Minutes B. ID 24-508 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Community Services Advisory Committee, Health & Building Standards Commission, Library Board, Planning & Zoning Commission, and Zoning Board of Adjustment. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Nominations List C. ID 24-2393 Consider approval of a resolution of the City of Denton providing the November 18, 2024, meeting absence by Public Utilities Board Member Thomas Plock be excused; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution Page 5 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 D. ID 24-2394 Consider approval of a resolution of the City of Denton providing the November 1, 2024, meeting absence by Bond Oversight Committee Member Susan Parker be excused; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution E. ID 24-2525 Consider adoption of an ordinance of the City of Denton ratifying a contract for election services with Denton County for verification of a recall petition for Brandon Chase McGee, At Large Place 5, at a total cost of $7,153.55; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Cost Detail F. ID 24-2512 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a fifth amendment to an engagement between the City of Denton and King & Spalding, LLP, amending the engagement approved by the City Attorney on March 11, 2022, in the not-to-exceed amount of $1,500,000.00; amended by Amendments 1, 2, 3, and 4, approved by City Council; said fifth amendment to provide additional legal services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 8159 - providing for an additional fifth amendment expenditure amount not-to-exceed $1,500,000.00, with the total contract amount not-to-exceed $3,582,237.00). Attachments: Exhibit 1 - AIS.pdf Exhibit 2 - Ordinance.pdf G. ID 24-2399 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a Highway Overpass Widening Agreement (“HOWA”) by and between the City of Denton (“City”) and the Kansas City Southern Railroad Company d/b/a CPKC (“KCSRR”) relating to the construction of Hickory Creek Road within the Railroad Right-of-Way located at KCSRR milepost MM99.54 (Alliance Subdivision), within the County and City of Denton, Texas; providing for the expenditure of funds not to exceed the amount of One Hundred Sixty Thousand Dollars ($160,000.00) and other good and valuable consideration for the license agreement for highway overpass; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Agreement H. ID 24-2300 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Denton and Denton Independent School District (DISD) regarding the exchange of approximately 3.739 acres of park land in Denia Park for approximately 4.729 of DISD land to accommodate the rebuilding of Borman Elementary School; and providing for an effective date. Page 6 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance and Interlocal Agreement Exhibit 3- Presentation Exhibit 4- Proposed Land Exchange Exhibit 5- DISD Letter of Request I. ID 24-2407 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to contracts between the City of Denton and Chameleon Industries, Inc., Tanner Industries, Inc., Brenntag Southwest, Inc., Polydyne, Inc., Petra Chemical Company LLC, PVS Technologies, Inc., Chemtrade Chemicals US LLC, and Pencco, Inc., authorizing the approval of a second amendment to contracts between the City of Denton and PVS DX, Inc., amending the contracts approved by City Council on November 16, 2021, in the cumulative not-to-exceed amount of $13,242,875.00; amended by Amendment 1 approved by Purchasing; said first and second amendments to provide additional water and wastewater chemicals for the Water Production and Reclamation Department; providing for the expenditure of funds therefor; and providing an effective date. (IFB-BV 7743 - providing for an additional first and second amendment expenditure amount not-to-exceed $3,310,718.75, with the cumulative total contract amount not-to-exceed $16,553,593.75). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance, Contracts, and Amendment 1 Exhibit 3 - Ordinance and Amendments No. 1 and 2 J. ID 24-2408 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 Burns & McDonnell Engineering Company, Inc., for distribution engineering services for Denton Municipal Electric as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8031-007 - professional services agreement for distribution engineering services awarded to Burns & McDonnell Engineering Company, Inc., in the three (3) year not-to-exceed amount of $1,900,000.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract K. ID 24-2410 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc., amending the contract approved by City Council on June 4, 2024, in the not-to-exceed amount of $1,259,400.00, said first amendment to provide engineering design and easement acquisition services for the Clear Creek Interceptor project for the Wastewater Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8213-001 - providing for an additional first amendment expenditure amount not-to-exceed $1,590,800.00, for a total contract amount not-to-exceed Page 7 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 $2,850,200.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance and Contract Exhibit 3 - Ordinance and Amendment 1 L. ID 24-2411 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 Electric Cooperatives, Inc., for the supply of electric meters and equipment for Section B - Photovoltaic Meters, Section C - Secondary Instrument Rated Transformers, and Section D - Primary Instrument Rated Transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 8641 - awarded to Texas Electric Cooperatives, 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 $924,000.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract M. ID 24-2413 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 Trilliant Networks Inc., for the supply of electric meters and equipment for Section E - Trilliant Secure Mesh AMI Equipment, for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 8641 - awarded to Trilliant Networks 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 $521,000.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract N. ID 24-2412 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 electric meters and equipment for Section A - Electric Meters with the Trilliant AMI board, for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 8641 - 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 $10,521,000.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Contract O. ID 24-2415 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 Page 8 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 contract with Sundt Construction, Inc., for pre-construction services of Neighborhood 5B & Oakland Drainage for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8489 - awarded to Sundt Construction, Inc., in the not-to-exceed amount of $230,000.00). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contract P. ID 24-2416 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 Superior Network Systems Inc, as the primary vendor, and Ed Hajek, Inc., dba Services Unlimited, as the secondary vendor, for fiber optic cabling and installation services for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8587 - awarded to Superior Network Systems Inc and Ed Hajek, Inc., dba Services Unlimited, for two (2) years, with the option for three (3) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $4,900,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Ordinance and Contracts Q. ID 24-2417 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 Charter Communications Operating, LLC, through the Department of Information Resources (DIR) Cooperative Contract No. DIR-TELE-CTSA-009, for Charter internet services for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 8606 - awarded to Charter Communications Operating, LLC, in the five (5) year not-to-exceed amount of $800,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Cooperative Pricing Exhibit 3 - Ordinance R. ID 24-2418 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 Frontier Communications Parent, Inc., through The Interlocal Purchasing System (TIPS) Cooperative Program Contract No. 220105 for internet services for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 8607 - awarded to Frontier Communications Parent, 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 $575,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract Page 9 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 S. ID 24-2457 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 Berry, Dunn, McNeil & Parker, LLC dba BerryDunn, through The Interlocal Purchasing System (TIPS) Cooperative Program Contract No. 230601 to develop a Geographic Information System (GIS) operations strategic roadmap for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 8714 - awarded to Berry, Dunn, McNeil & Parker, LLC dba BerryDunn, in the not-to-exceed amount of $91,690.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract T. ID 24-2369 Consider approval of a resolution of the City of Denton authorizing the City Manager to take all necessary actions and execute a grant agreement with the State of Texas acting through the Texas Department of Transportation for a Routine Airport Maintenance Program (RAMP) 2025 Grant in the amount of $100,000.00 and City’s matching funds of $11,111.11 for Denton Enterprise Airport maintenance costs and other incidental items; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Resolution 4. PUBLIC HEARINGS A. AESA24-000 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas 3c approving the creation of ecological mitigation plan for the permanent removal and temporary disturbance of ecologically important areas, known as Environmentally Sensitive Areas (ESAs). The subject site, formerly known as Hunter Ranch, is generally on approximately 3,152 acres of land, generally located on both sides of I-35W, between Robson Ranch Road and Vintage Boulevard 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 [4-1] to recommend approval of the request. Motion for approval by Commissioner Ellis and second by Commissioner Thaggard. (AESA24-0003c, Landmark ESA Mitigation Plan, Christi Upton) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Landmark Alternative ESA Plan Exhibit 4 - Draft Ordinance Exhibit 5 - Notification Map and Responses Exhibit 6 - Staff Presentation B. Z24-0012a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from the Rural Residential (RR) district and Residential 2 (R2) district to Suburban Corridor (SC) district Page 10 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 on approximately 0.684 acres of land generally located west of Teasley Lane, approximately 170 feet north of Leatherwood Lane; 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 4-1 to recommend approval of the zoning change request. Motion for approval by Commissioner Pruett and second by Commissioner Thaggard. (Z24-0012a, 5702 Teasley, Mia Hines) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Existing Zoning Map Exhibit 5 - Existing Land Use Map Exhibit 6 - Proposed Zoning Map Exhibit 7 - Future Land Use Map Exhibit 8 - Comparison of Allowed Uses Exhibit 9 - Notification Map and Response Exhibit 10 - Fiscal Impact Analysis Exhibit 11 - Draft Ordinance Exhibit 12 - Presentation 5. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 24-2189 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of permanent sanitary sewer easements, generally located east of Precision Drive on Airport Road, situated in the Eugene Puchalski Survey, Abstract No. 996, all in the City and County of Denton, Texas, and more particularly described in the attached Exhibit “A” (collectively, the “property interest”); authorizing the City Manager and City Attorney to acquire the Property Interest by agreement if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the property interests if agreement cannot be reached; authorizing the City Attorney to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Signed Ordinance Exhibit 3 - Recommended Motion 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 24-2484 Consider adoption of an ordinance of the City Council of Denton, Texas, authorizing the termination of the contract with the Denton Chamber of Commerce for the management of the Denton Tourism Public Improvement District dated July 16, 2024; authorizing a contract with the Denton Tourism Public Improvement District Corporation for the management of the district; and providing an effective date. Page 11 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance, Termination, and Management Agreement Exhibit 3 - Presentation B. ID 24-2486 Consider an ordinance of the City Council of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Chamber of Commerce for the acquisition of the equipment, intellectual property, and other assets of Discover Denton, a line of business under the Denton Chamber of Commerce and the assumption of certain contracts by the City; authorizing the City Manager to execute a first amendment to a lease between the City and the Denton Chamber of Commerce; and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Ordinance and Agreement C. ID 24-2141 Consider adoption of an ordinance of the City of Denton, Texas, amending the City of Denton Code of Ordinances Chapter 18 “Motor Vehicles and Traffic” by creating Article X “Special Regulations at Rayzor Ranch,” Establishing a twenty four-month Pilot Project to permit operation of golf carts within the southern section of Rayzor Ranch Development (south of US 380) utilizing certain roads; establishing the rules and regulations for the Pilot Project, including establishing criteria for operational requirements, permitted roads; providing for penalties; providing a severability clause; and providing an effective date. (ID 24-2141) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Chapter 18 Article X Exhibit 3 - Permitted Roads Map Exhibit 4 - Presentation Exhibit 5 - Draft Ordinance D. HL24-0004a Consider approval of a resolution of the City of Denton approving an application for a partial tax exemption of designated historic sites, in accordance with Chapter 10, Article VI, Sections 10-126 through 10-129 of the Denton Municipal Code of Ordinances, for a Local Historic Landmark located at 1120 N Locust Street, located on the east side of N Locust Street between Sawyer Avenue and 2nd Street; providing for severability; and providing an effective date. The Historic Landmark Commission recommends a favorable determination (5-0). (HL24-0004a, 1120 N Locust Street - Tax Exemption, Cameron Robertson) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Site Location Map Exhibit 3 - Chapter 10, Article VI, Sections 10-126 through 10-129 Exhibit 4 - Application for Historic Landmark Tax Exemption Authorization Exhibit 5 - November 18, 2024 - HLC Meeting Minutes Exhibit 6 - Draft Resolution Exhibit 7 - Presentation Page 12 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 E. HL24-0005a Consider approval of a resolution of the City of Denton approving an application for a partial tax exemption of designated historic sites, in accordance with Chapter 10, Article VI, Sections 10-126 through 10-129 of the Denton Municipal Code of Ordinances, for a Local Historic Landmark located at 1900 Westridge Street, located on the north side of Westridge Street, just east of Highland Park Road; providing for severability; and providing an effective date. The Historic Landmark Commission recommends a favorable determination (4-0). (HL24-0005a, 1900 Westridge Street - Tax Exemption, Cameron Robertson) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Site Location Map Exhibit 3 - Chapter 10, Article VI, Sections 10-126 through 10-129 Exhibit 4 - Application for Historic Landmark Tax Exemption Authorization Exhibit 5 - October 14, 2024 - HLC Meeting Minutes Exhibit 6 - Draft Resolution Exhibit 7 - Presentation F. ID 24-2409 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute the CMAR Guaranteed Maximum Price Amendment No. 3 to the Construction Manager At Risk Contract with Sundt Construction, Inc., for the construction phase services of the third work package for Neighborhood 2 and 6 Improvements for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8055 - awarded to Sundt Construction, Inc., including the third guaranteed maximum price in the partial not-to-exceed amount of $28,145,400.15 and a total contract price of $79,650,516.58). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinances, Preconstruction Services Contract, Construction Services Contract, GMP 1 and GMP 2 A Exhibit 3 - Presentation Exhibit 4 - Ordinance and GMP 3 Amendment G. ID 24-2414 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 Tiseo Paving Co., for the construction of the Bonnie Brae Phase 6 Improvement Project for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 8472 - awarded to Tiseo Paving Co., in the not-to-exceed amount of $38,688,093.66). The Public Utilities Board recommends approval (5 - 0). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Presentation Exhibit 4 - Ordinance and Contract H. ID 24-2390 Consider adoption of an ordinance of the City of Denton, Texas approving an Amended Project and Financing Plan for Tax Increment Reinvestment Zone Number One, City of Page 13 Printed on 12/13/2024 City Council Meeting Agenda December 17, 2024 Denton, Texas; making various findings related to such plan; providing for severability; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Amended Project and Financing Plan.pdf 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 December 13, 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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