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HomeMy WebLinkAbout2022-02-15 Agenda and BackupCity of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com City Council Council Chambers & Council Work Session Room 3:00 PMTuesday, February 15, 2022 WORK SESSION BEGINS AT 3:00 P.M. IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Public comments can be given for any item considered by the council, EXCEPT work session reports or closed meetings. Citizens are only able to comment one time per agenda item and cannot use more than one method to comment on a single agenda item. Comments are limited to 3 minutes per citizen. Citizens are limited to 4 minutes per public hearing item. Citizens are able to participate in one of the following ways: • eComment – On February 11, 2022, the agenda was posted online at https://tx-denton.civicplus.com/242/Public-Meetings-Agendas. 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. Within eComment, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. Similar to when a citizen submits a white card to indicate their position on an item, the eComments will be sent directly to members of the City Council immediately upon entry into the module and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR Page 1 Printed on 5/6/2022 February 15, 2022City Council Meeting Agenda • By phone – Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item, no matter the method. • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, February 15, 2022, 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 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. 3. Work Session Reports Receive a report and hold a discussion on the Police Department Overview, and Annual Report. [Estimated Presentation/Discussion Time: 45 minutes] ID 22-006A. Receive a report, hold a discussion, and give staff direction regarding the Denton 2040 Comprehensive Plan Update and the Draft 2022 Mobility Plan for the City of Denton. [Council Priority; Estimated Presentation/Discussion Time: 1.5 hours] ID 22-354B. 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: Deliberations regarding Real Property - Under Texas Government Code Section 551.072; ID 22-127A. Page 2 Printed on 5/6/2022 February 15, 2022City Council Meeting Agenda Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential purchase of real property situated in the M. H. Davis Survey, Abstract No. 377, City of Denton, Denton County, Texas, located on the west side of the 7400 Block of Tom Cole Road, where a public deliberation of such potential purchase would have a detrimental effect on the City’s position in negotiations with a third party. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. _________________________________________________________________________________ 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. Page 3 Printed on 5/6/2022 February 15, 2022City Council Meeting Agenda Mr. Stephen Dillenburg follow up to comments made at previous meetings regarding general public welfare concerns. ID 22-320a. 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 and approval thereof will be strictly on the basis of the Staff 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. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – S). 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. Consider approval of the minutes of January 25, 2022.ID 22-089A. Consider nomination/appointment to the City’s Boards, Commissions, and Committees: Board of Ethics. ID 22-091B. Consider approval of a resolution of the City of Denton adopting an Affordable Housing Strategic Toolkit; and providing an effective date. ID 22-090C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute an Interlocal Agreement with the City of Corinth for the City of Corinth to subsidize half the cost of the annual full-service non-resident card at the Denton Public Library for Corinth residents; providing for the expenditure of funds therefor; and providing an effective date. The Library Board recommends approval (4-0). ID 22-193D. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute a supplement to the agreement for street lighting service between Oncor Electric Delivery Company LLC and the City of Denton for Townsend Green - McKinney Street and Trinity Road; authorizing the expenditure of funds; and providing for an effective date. ID 22-293E. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal ID 22-291F. Page 4 Printed on 5/6/2022 February 15, 2022City Council Meeting Agenda corporation, authorizing the City Manager to execute a contract with Flow-Line Construction, Inc., for the construction of the Windsor Capacity Upgrade Project consisting of a new wastewater line installation along West Windsor Drive from the intersection of Fireside Lane and West Windsor Drive moving west for 3,900 linear feet to the intersection of North Bonnie Brae Street and West Windsor Drive; providing for the expenditure of funds therefor; and providing an effective date (CSP 7847 - awarded to Flow-Line Construction, Inc., in the not-to-exceed amount of $1,331,615.25). Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7853 for Scrap Wooden Utility Pole Disposal service that can remove and dispose of power-distribution utility poles for Denton Municipal Electric; and providing an effective date (RFP 7853). ID 22-292G. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, approving proposals from Ameri-Mex Contractors Inc., and authorizing the expenditure of funds for the reconstruction of a residential property located at 806 Cross Timber Street, under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7863 - Ameri-Mex Contractors Inc., in the not-to-exceed amount of $256,149.00). ID 22-294H. 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 Berry Dunn, through The Interlocal Purchasing System (TIPS) Cooperative Program, Contract # 200105, for the Citywide Enterprise Asset Management Consolidation Assessment; providing for the expenditure of funds therefor; and providing an effective date (File 7870 - awarded to Berry, Dunn, McNeil & Parker, LLC dba Berry Dunn, in the two (2) year not-to-exceed amount of $99,750.00). ID 22-295I. 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 Cubic ITS, Inc., for Gridsmart Video Detection Systems for the Traffic Department to be stocked in the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (IFB 7881 - awarded to Cubic ITS, 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 $2,380,000.00). ID 22-296J. 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 Bureau Veritas Technical Assessments LLC., to conduct Facilities Condition Assessments on all City owned buildings for the Facilities Management Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7886 - awarded to Bureau Veritas Technical Assessments LLC., in the not-to-exceed amount of $375,963.75). ID 22-297K. 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 purchase of electrical tape for the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (IFB 7888 - awarded to Techline, Inc., for three (3) years, with the option for two (2) additional one (1) year ID 22-298L. Page 5 Printed on 5/6/2022 February 15, 2022City Council Meeting Agenda extensions, in the total five (5) year not-to-exceed amount of $144,000.00). 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 Freedom Commercial Services, LLC, for private property nuisance abatement services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 7892 - awarded to Freedom Commercial Services, LLC, in the three (3) year not-to-exceed amount of $302,500.00). ID 22-299M. 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 McNeilus Financial, Inc., dba McNeilus Truck and Manufacturing Co through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program Contract Number # RH08-20, for the purchase of one (1) McNeilus Front Load Commercial Refuse Body Front Load truck, including mounting and repainting of the truck cab for the Solid Waste Department; and providing an effective date (File 7912 - awarded to McNeilus Financial, Inc., dba McNeilus Truck and Manufacturing Co, in the not-to-exceed amount of $133,256.00). ID 22-300N. 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 Associated Supply Company, Inc., through the Buy Board Cooperative Purchasing Network Contract # 597-19, for the purchase of one (1) Genie model GTH-5519 Telehandler for the Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (File 7913 - awarded to Associated Supply Company, Inc., in the not-to-exceed amount of $67,970.55). ID 22-302O. 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 Romco Equipment Company, LLC, which is an authorized dealer for Volvo Construction Equipment North America, LLC, through the Sourcewell Cooperative Purchasing Network Contract Number 032119-VCE, for the purchase of one (1) Volvo Model L110H Wheel Loader for the Solid Waste Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 7914 - awarded to Romco Equipment Company, LLC, in the not-to-exceed amount of $266,196.00). ID 22-303P. 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 Wilson Office Interiors, LLC, which is an authorized dealer for Allsteel through the Omnia Partners Contract Number R191802, for the acquisition and installation of office furniture and furnishings for the Police Headquarters Renovation, Indoor Firing Range, and Substation through an online marketplace; providing for the expenditure of funds therefor; and providing an effective date (File 7941 - awarded to Wilson Office Interiors, LLC, in the not-to-exceed amount of $2,500,000.00). ID 22-304Q. 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 Elizabeth Akamatsu Fenci, for art design and production services for the public art sculpture installation to be ID 22-305R. Page 6 Printed on 5/6/2022 February 15, 2022City Council Meeting Agenda located at the Bonnie Brae Roundabout for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7865 - awarded to Elizabeth Akamatsu Fenci, in the not-to-exceed amount of $50,000.00). The Public Art Committee recommends approval (6 - 1). Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule Municipal Corporation, authorizing the City Manager to execute a contingent fee agreement with McKool Smith, P.C., Ashcroft Sutton Reyes, LLC, and Korein Tillery, LLC, for professional legal services, including litigation, associated with non-payment of franchise fees by video service providers as set forth in the Agreement; and providing an effective date. ID 22-350S. 4. PUBLIC HEARINGS 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 on approximately 95.18 acres from Residential 4 (R4) District to a Planned Development (PD) District and approximately 5.25 acres from Residential 7 (R7) District to a Planned Development (PD) District, totaling approximately 100.43 acres; the 95.18-acre site is generally located northwest of the intersection of Deerwood Parkway and Grant Parkway and the 5.25-acre site is generally located northeast of the intersection of North Loop 288 and Kings Row, 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 [5-1] to recommend approval the request. (PD21-0001e, Kings Way, Julie Wyatt) PD21-0001eA. Hold a public hearing to receive comments from the public regarding a proposed comprehensive non-discrimination ordinance for the city of Denton, and provide any direction to staff on the proposed ordinance. ID 22-135B. 5. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of various (i) permanent water line, (ii) permanent sanitary sewer easements, and (iii) temporary construction easements, generally located along Loop 288 and US 77 between Interstate Highway 35E to Nicosia Street, situated in the Nathan Wade Survey Abstract No. 1407, BBB&C RR Co. Survey Abstract No. 141, all in the City and County of Denton, Texas, and more particularly described in the Attached Exhibit “A” (collectively, the “Property Interests”); 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 to condemn the property interests if agreements cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing an effective date. ID 22-181A. Page 7 Printed on 5/6/2022 February 15, 2022City Council Meeting Agenda 6. ITEMS FOR INDIVIDUAL CONSIDERATION Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or their designee, to accept on behalf of the City an offer from the Texas Department of Transportation (“TxDOT”) to convey a 0.668 acre portion of property to TXDOT in the B.B.B. & C.R.R. Co. Survey, Abstract No. 141, located at the northwest corner of the intersection of Interstate Highway 35 and U.S. Loop 288 - West; authorizing the City Manager, or their designee, to execute all documents necessary to consummate the contemplated transaction including a Memorandum of Agreement, a Possession and Use Agreement, and a Special Warranty Deed; authorizing the City Manager, or their designee, to carry out all duties of the City pursuant to the Agreements; providing a savings clause; and providing an effective date. ID 22-131A. Consider approval of an ordinance of the City of Denton authorizing the City Manager, or designee, to enter into a Development Agreement between the City of Denton and US Alliance Prominence Venture, LLC for the dedication of Park Land for a City Park at the Prose Prominence Development; authorizing acceptance of land; and providing an effective date. ID 22-201B. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal cooperation, authorizing the City Manager to execute a contract with North Rock Construction, LLC, for construction of the outdoor tennis courts at North Lakes Park for the Parks and Recreation Department; providing for the expenditure of funds therefore; and providing an effective date (RFP 7716-02 - awarded to North Rock Construction, LLC, in the not-to-exceed amount of $5,197,486.53). ID 22-321C. 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 galvanized steel transmission poles, anchor cages, and associated hardware for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7873 - awarded to Techline, Inc., in the not-to-exceed amount of $4,738,873.00). ID 22-323D. Consider adoption of an ordinance of the City of Denton ordering an election for Place 5, Place 6, and Mayor to Place 7 to be held on May 7, 2022, and if required, a runoff election to be held on June 18, 2022; prescribing the time, manner, and conduct of the election in accordance with a Joint Election Agreement and Contract for election services with the Elections Administrator of Denton County; and providing an effective date. ID 22-132E. Consider approval of a resolution of the City of Denton providing for removal for cause of a Member of the Health and Building Standards Commission, in accordance with Article XIV, Section 14.16 of the Denton City Charter; providing notice; and providing an effective date. ID 22-310F. 7. CONCLUDING ITEMS Page 8 Printed on 5/6/2022 February 15, 2022City Council Meeting Agenda 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. C E R T I F I C A T E 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 February 11, 2022, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ 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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