City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, March 25, 2025 3:00 PM Council Work Session Room & Council Chambers SPECIAL CALLED WORK SESSION BEGINS AT 3:00 P.M. IN THE COUNCIL WORK SESSION ROOM CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED MEETING IN THE COUNCIL CHAMBERS CONSIDERATION OF THE 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 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 5/1/2025 City Council Meeting Agenda March 25, 2025 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. _________________________________________________________________________________ After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, March 25, 2025 at 3:00 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 25-438 Meeting Questions, Responses & Handouts Attachments: Exhibit 1 - Agenda Information Sheet 3. Work Session Reports A. ID 24-2603 Receive a report, hold a discussion, and give staff direction regarding an overview and update of the City of Denton Solid Waste and Recycling Department. [Estimated Presentation/Discussion Time: 45 minutes] Page 2 Printed on 5/1/2025 City Council Meeting Agenda March 25, 2025 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation B. ID 24-2537 Receive a report, hold a discussion, and give staff direction regarding the FY 2023-24 Annual Comprehensive Financial Report and annual audit. [Estimated Presentation/Discussion Time: 30 minutes] Attachments: Exhibit 1 Agenda Information Sheet.pdf Exhibit 2 Annual Comprehensive Financial Report.pdf Exhibit 3 Single Audit Report.pdf Exhibit 4 Auditor's Communication.pdf Exhibit 5 Auditor's Presentation.pdf Exhibit 6 Definitions.pdf Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 25-559 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys regarding potential resolution to a breach of contract claim with Rhino Removal, LLC; where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position. B. ID 25-578 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 5/1/2025 City Council Meeting Agenda March 25, 2025 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 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. CONSIDERATION OF THE PUBLIC HEARING(S) WILL CONVENE AT 6:30 P.M. 2. CONSENT AGENDA A. ID 25-055 Consider approval of the minutes of the March 4, 2025 Regular Meeting. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - March 4, 2025 Minutes B. ID 25-077 Consider a nomination/appointment to the City’s Development Code Review Committee. Attachments: Exhibit 1 - Agenda Information Sheet C. ID 25-556 Consider a nomination/appointment to the City’s Historic Landmark Commission. Attachments: Exhibit 1 - Agenda Information Sheet D. ID 25-558 Consider a nomination/appointment to the City’s Parks, Recreation & Beautification Board. Attachments: Exhibit 1 - Agenda Information Sheet E. ID 25-570 Consider approval of a resolution of the City of Denton amending the City of Denton’s 89th State Legislative Program; and providing an effective date. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Revised 89th State Legislative Program Exhibit 3 - Resolution F. ID 25-560 Consider adoption of an ordinance approving a Settlement Agreement and Waiver of Page 4 Printed on 5/1/2025 City Council Meeting Agenda March 25, 2025 Claims implementing the terms of a settlement regarding a claim for breach of contract of a Solid Waste Disposal Contract dated October 1, 2022 between Rhino Removal, LLC and the City of Denton, executed by Ordinances 22-1558 and 23-1994, as amended on November 7, 2023; and directing the City Manager or designee and the City’s attorneys to effectuate as necessary and appropriate the terms of a Settlement Agreement and Release to effectuate this approval; and declaring an effective date. Attachments: Exhibit 1 - AIS Exhibit 2 - Ordinance and Settlement Agreement and Waiver of Claims G. ID 25-458 Consider adoption of an ordinance of the City of Denton granting a noise exception for the Boil Buddies Bash Denton Mudbug event which will be held on Saturday, April 5, 2025 at Lucky Lou’s Bar; and providing an effective date. Attachments: Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance H. ID 25-510 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Wastech Corporation, amending the contract approved by City Council on September 22, 2020, in the not-to-exceed amount of $500,907.00; said first amendment to provide additional annual services and equipment replacements for the Smart Routing Solutions for the Solid Waste and Recycling Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7169 - providing for an additional first amendment expenditure amount not-to-exceed $125,226.00, with the total contract amount not-to-exceed $626,133.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Original Ordinance, Contract, and Assignment of Contract Exhibit 3 - Ordinance and Amendment 1 I. ID 25-511 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute Change Order No. 1 to the Construction Manager at Risk contract with McCarthy Building Companies, Inc., for construction phase services for Southeast Denton Package B (SED-B) Improvements for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7714 - Change Order No. 1 in the not-to-exceed amount of $544,645.00, for a total contract award aggregated to $22,127,023.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance, Preconstruction Services Contract, Ordinance, Construction Services Contract, Contingen Exhibit 3 - Ordinance and Change Order 1 J. ID 25-513 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 Hayes Construction, LLC, for the Trinity Bridge 6-inch Force Main Relocation for Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 8711 - awarded to Hayes Construction, LLC, in the not-to-exceed amount of $151,988.55). Page 5 Printed on 5/1/2025 City Council Meeting Agenda March 25, 2025 Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Ordinance and Advanced Funding Agreement Exhibit 4 - Ordinance and Contract K. ID 25-514 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 LexisNexis Risk Solutions FL Inc., through the Department of Information Resources (DIR) Cooperative Contract No. DIR-CPO-5255 for the purchase of Accurint Virtual Crime Center system, including subscription-based computer assisted investigative research services and related products for the Police Department; providing for the expenditure of funds therefor; and providing an effective date (File 8731 - awarded to LexisNexis Risk Solutions FL Inc., in the five (5) year not-to-exceed amount of $123,324.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance L. ID 25-515 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with C & P Pump Services, Inc., through The Interlocal Purchasing System (TIPS) Cooperative Program Contract No. 220603 for supplies, services, and equipment for all aquatic facilities - Water Works Park, Natatorium, Civic Center Pools, Carl Young Sr. Park Splash Pad, and various irrigation pumps for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File 8734 - awarded to C & P Pump Services, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $1,250,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Contract M. ID 25-516 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 Occupational Health Centers of The Southwest, P.A., for pre-employment physical assessments for the Fire Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (PSA 8745 - Professional Services Agreement for physical assessment services awarded to Occupational Health Centers of The Southwest, P.A., for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $50,000.00). Attachments: Exhibit 1 - Agenda Informaton Sheet Exhibit 2 - Ordinance and Contract N. ID 25-517 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the City of White Settlement, under the Texas Government Code, Section 791.001, to authorize the City of White Settlement and City of Denton to utilize each entities’ solicited contracts for the purchasing of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 8760 - Page 6 Printed on 5/1/2025 City Council Meeting Agenda March 25, 2025 award an Interlocal Cooperative Purchasing Agreement with the City of White Settlement). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Interlocal Agreement O. ID 25-518 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 Home Depot U.S.A., Inc., through the Omnia Partners Cooperative Purchasing Network Contract Nos. 16154 and 170009, for procurement fulfillment of Maintenance, Repair, Operating Supplies, Industrial Supplies, and Related Products and Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 8768 - awarded to Home Depot U.S.A., Inc., in the not-to-exceed amount of $1,200,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance P. ID 25-519 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the Town of Addison, under the Texas Government Code, Section 791.001, to authorize the Town of Addison and City of Denton to utilize each entities’ solicited contracts for the purchasing of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 8781 - award an Interlocal Cooperative Purchasing Agreement with the Town of Addison). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance and Interlocal Agreement Q. ID 24-2633 Consider adoption of an ordinance of the City of Denton approving and authorizing the City Manager or their designee to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection and Emergency Ambulance Services for the period of October 1, 2024 through September 30, 2025 in the amount of $127,251; and declaring an effective date. Attachments: Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance 3. PUBLIC HEARINGS A. PD23-0006a 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 Residential 7 (R-7) District to Planned Development - Residential 7 District (PD-R7) including but not limited to establishing uses and standards and adopting a Development Plan on approximately 6 . 5 a c r e s o f l a n d g e n e r a l l y l o c a t e d *********************************************** in the City of Denton, Denton County, Texas; 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 4-0 to recommend approval of the request. Motion for approval by Page 7 Printed on 5/1/2025 City Council Meeting Agenda March 25, 2025 Commissioner Padron and second by Commissioner Riggs. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Site Location Map Exhibit 4 - Zoning Map Exhibit 5 - Future Land Use Map Exhibit 6 - PD Development Regulations Exhibit 7 - PD Development Plan Exhibit 8 - Fiscal Impact Summary Exhibit 9 - Notification Map and Responses Exhibit 10 - Presentation Exhibit 11 - Draft Ordinance Applicant Presentation B. Z25-0001a 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 Residential 3 (R3) district to Residential 6 (R6) district on approximately 8.47 acres of land generally located north of Mingo Road, approximately 230 feet west of Nottingham Drive, in the City of Denton, Denton County, Texas; 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 [4-0] to recommend approval of the request. Motion for approval was made by Commissioner Padron and seconded by Commissioner Riggs. (Z25-0001a, Sequoia Park-R3 to R6, Erin Stanley) Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Applicant's Project Narrative Exhibit 4 - Project Site Location Exhibit 5 - Future Land Use Map Exhibit 6 - Existing Zoning Map Exhibit 7 - Proposed Zoning Map Exhibit 8 - Fiscal Impact Analysis Exhibit 9 - Comparison of Permitted Uses Exhibit 10 - Notification Map and Responses Exhibit 11 - Draft Ordinance Exhibit 12 - Presentation 4. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 25-477 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for acquisition of various (i) permanent drainage easements, (ii) temporary Page 8 Printed on 5/1/2025 City Council Meeting Agenda March 25, 2025 construction easements, (iii) permanent slope easements, and (iv) Rights-of-Way parcels, generally located along North/South Westgate Drive and Windsor Drive situated in the Francis Batson Survey, Abstract No. 43, and the Nathan Wade Survey, Abstract No. 1407, all in the City and County of Denton, Texas, and more particularly described in the attached Exhibit(s) “A” (collectively, the “Property Interest(s)”); authorizing the City Manager and City Attorney to acquire the Property Interests by agreement if possible, including making all offers required by law; authorizing the use of the power of 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 - Ordinance Exhibit 3 - Recommended Motion Exhibit 4 - Location Map 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 25-512 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 NorthStar Energy Solutions, LLC, for substation construction services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (CSP 8574 - awarded to NorthStar Energy Solutions, LLC, in the not-to-exceed amount of $22,090,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Presentation Exhibit 4 - Ordinance and Contract 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE Page 9 Printed on 5/1/2025 City Council Meeting Agenda March 25, 2025 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 March 21, 2025, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ OFFICE OF THE CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 10 Printed on 5/1/2025