HomeMy WebLinkAbout2022-03-01 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
2:00 PMTuesday, March 1, 2022
WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL CHAMBERS
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
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 25, 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
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March 1, 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, March 1, 2022, at 2:00 p.m. in the Council Chambers 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, hold a discussion, and give staff direction regarding an update to the
City of Denton’s COVID-19 response.
* [Council Priority; Estimated Presentation/Discussion Time: 30 minutes]
ID 22-501A.
Receive a report, hold a discussion, and give staff direction regarding Audit Project 025 -
Energy Portfolio Management: Transaction Administration.
[Estimated Presentation/Discussion Time: 30 minutes]
ID 21-2402B.
Receive a report, hold a discussion, and give staff direction regarding the City of Denton
Public Safety Drone Program.
[Estimated Presentation/Discussion Time: 1 hour]
ID 22-120C.
Receive a report, hold a discussion, and give staff direction regarding options related to
the creation and setting of Metrics and Goals related to the development of a
Comprehensive Solid Waste Management Strategy for the City of Denton.
[Estimated Presentation/Discussion Time: 45 Minutes]
ID 22-373D.
Receive a report, hold a discussion, and give staff direction regarding the assessment and ID 21-2142E.
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use of parkland dedication and park development fees.
[Estimated Presentation/Discussion Time: 1 hour]
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 Certain Public Power Utilities: Competitive Matters - Under
Texas Government Code Section 551.086.
Receive a presentation from staff regarding public power competitive and financial matters
about the delivery of power, wholesale energy supply and risk management plans, hedge
plans, and strategies as each relates to the DME electric power and gas portfolio and to
Audit Project 025 - Energy Management Office Administration; discuss, deliberate, and
provide direction to staff regarding the same.
ID 22-311A.
Consultation with Attorneys - Under Texas Government Code 551.071.
Consultation, discussion, deliberation, and receipt of information from the City’s attorneys
involving legal issues relating to the disaster declaration and related order pertaining to the
COVID-19 emergency, and to provide the City’s attorneys with direction, where a public
discussion of these legal matters would clearly 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.
ID 22-497B.
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.
_________________________________________________________________________________
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March 1, 2022City Council Meeting Agenda
AFTER DETERMINING THAT A QUORUM IS PRESENT, THE REGULAR MEETING OF
THE CITY OF DENTON CITY COUNCIL WILL CONVENE AT 6:30 P.M. IN THE COUNCIL
CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH
THE FOLLOWING ITEMS WILL BE CONSIDERED:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
2. PROCLAMATIONS/PRESENTATIONS
Recognition: Mayor’s Red Kettle ChallengeID 22-308A.
Proclamation: National Procurement MonthID 22-394B.
3. PRESENTATIONS FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Reports from members of the public shall be received through the following two (2) methods. A total
of up to seven (7) speakers are permitted to provide public comment and may include any combination of
prior registration and open microphone speakers.
1) Pre-registration. This section of the agenda permits any person who has registered in advance to
make a citizen report regarding a public business item he or she wishes to be considered by the City
Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion
of each report, the City Council may pose questions to the speaker or may engage in discussion. If the
City Council believes that a speaker's report requires a more detailed review, the City Council will give the
City Manager or City Staff direction to place the item on a future work session or regular meeting agenda
and advise staff as to the background materials to be desired at such meeting.
Mr. Stephen Dillenburg follow up to comments made at previous meetings regarding
general public welfare concerns.
ID 22-442a.
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.
4. CONSENT AGENDA
Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff
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March 1, 2022City Council Meeting Agenda
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 February 1, 8, 14 (Joint with Planning and Zoning
Commission), 15, 21, and 22, 2022.
ID 22-372A.
Consider nomination/appointment to the City’s Boards, Commissions, and Committees:
Historic Landmark Commission.
ID 22-383B.
Consider adoption of an ordinance of the City of Denton, A Texas home-rule municipal
corporation, authorizing the City Manager to execute an agreement with the Texas
Historical Commission to participate in the Texas Main Street Program demonstrating the
City of Denton’s commitment to continue as a “Sustaining Level Official Main Street City”
and authorizing payment of the annual fee in the amount of $2,600; and providing an
effective date.
ID 22-409C.
Consider adoption of an ordinance by the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute an agreement with Texas Music
Office within the Office of the Governor for maintenance of the Texas Music Industry
Directory; providing an effective date.
ID 22-410D.
Consider adoption of an ordinance of the City of Denton authorizing the City Manager to
execute an Interlocal Agreement between Denton Independent School District and the
City of Denton for participation in the LaGrone Academy Practicum of Law, Public
Safety, Corrections, and Security Program for 2021-2022; 2022-2023; and 2023-2024
school terms; and providing an effective date.
ID 21-2798E.
Consider approval of a resolution adopting the City of Denton Parks, Recreation and
Trails System Master Plan; and declaring an effective date.
ID 22-144F.
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 Innovyze LLC, for
software services for the Water Utilities Department, which is the sole provider of this
software, in accordance with Texas Local Government Code 252.022, which provides
that procurement of commodities and services that are available from one source are
exempt from competitive bidding, and if over $50,000, shall be awarded by the governing
body; providing for the expenditure of funds therefor; and providing an effective date (File
7879 - awarded to Innovyze LLC, 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
$150,000.00). The Public Utilities Board recommends approval (6-0).
ID 22-377G.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal ID 22-378H.
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corporation, authorizing the City Manager to execute a contract with The Wilson
Bohannan Company, for the purchase of custom stamped padlocks and matching keys
for Denton Municipal Electric; providing for the expenditure of funds therefor; and
providing an effective date (IFB 7893 - awarded to The Wilson Bohannan Company, 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 $500,000.00). The Public Utilities Board
recommends approval (6-0).
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 Duryea Moving &
Storage, Inc., for packing and moving services for the Facilities Management Department;
providing for the expenditure of funds therefor; and providing an effective date (RFP
7864 - awarded to Duryea Moving & Storage, 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
of $500,000.00).
ID 22-379I.
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 roadway funding strategy services for the City of
Denton as set forth in the contract; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 7878 - Professional Services Agreement for roadway
funding strategy services awarded to Freese and Nichols, Inc., in the not-to-exceed
amount of $550,900.00).
ID 22-380J.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to approve the spend authority with Continental
American Insurance Company (Aflac), for voluntary insurance products, to include
accident, critical illness with cancer, and hospital indemnity coverage for the City of
Denton employees; providing for the expenditure of funds therefor; and providing an
effective date (File 7858 - awarded to Continental American Insurance Company, for a
term ending on December 31, 2022, in the not-to-exceed amount of $273,906.00).
ID 22-381K.
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 Mac Haik Dodge
Chrysler Jeep, which is an authorized distributor for Frazer LTD, through the
Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing
Program Contract Number AM10-20, for the purchase of one (1) 2022 Dodge Ram
5500 with 14 foot Frazer Medic body for the Fire Department; and providing an effective
date (File 7934 - awarded to Mac Haik Dodge Chrysler Jeep, in the not-to-exceed
amount of $256,179.00).
ID 22-382L.
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 East Texas Mack
Sales, LLC dba B&C Body Company, through the Houston-Galveston Area Council of
Governments (H-GAC) Cooperative Purchasing Program Contract Number TR11-18,
for the purchase of two (2) 45 foot Aluminum Live Floor trailers for the Solid Waste
Department; and providing an effective date (File 7883 - awarded to East Texas Mack
ID 22-387M.
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Sales, LLC dba B&C Body Company, in the not-to-exceed amount of $241,670.00).
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 4Imprint, Inc.,
through Choice Partners, a division of Harris County Department of Education (HCDE)
Purchasing Network Contract Nos. 20/046SG-01 & 20/048SG-01-3561, for
procurement fulfillment of Awards, Apparel, Screen Printing & Embroidery, and
Promotional and Commemorative Items related to products for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date (File 7921
- awarded to 4Imprint, Inc., in the three (3) year not-to-exceed amount of $475,000.00).
ID 22-388N.
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 McCall, Parkhurst & Horton, LLP, for bond counsel services as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date
(PSA 7942 - Professional Services Agreement for bond counsel services awarded to
McCall, Parkhurst & Horton, LLP, in the not-to-exceed amount of $1,250,000.00).
ID 22-389O.
Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule Municipal
Corporation, authorizing the City Manager or designee to fulfill the responsibilities of the
City as a Market Participant and those pursuant to ERCOT Protocols, including paying
any amounts required by the Protocols and funded in the annual budget; and declaring an
effective date. The Public Utilities Board recommends approval (6-0).
ID 22-384P.
Consider adoption of an ordinance considering all matters incident and related to the
issuance, sale and delivery of up to $100,000,000 in principal amount of "City of Denton
General Obligation Refunding Bonds”; authorizing the issuance of the Bonds; delegating
the authority to certain City officials to execute certain documents relating to the sale 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.
ID 22-227Q.
Consider adoption of an ordinance considering all matters incident and related to the
issuance, sale and delivery of up to $300,000,000 in principal amount of "City of Denton
Utility System Revenue Refunding Bonds, Series 2022”; authorizing the issuance of the
bonds; delegating the authority to certain city officials to execute certain documents
related to the sale 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.
ID 22-229R.
Consider approval of a resolution of the City of Denton approving the Small Business
Rent and Mortgage Relief grant program; and providing an effective date.
ID 22-422S.
5. PUBLIC HEARINGS
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, regarding an ordinance of the City of Denton, Texas, adopting the update to the
City of Denton’s Comprehensive Plan; and providing an effective date. Public Hearing
rescheduled for March 22, 2022.
ID 21-2656A.
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Hold a public hearing and recommend City Council adoption of an Ordinance of the City
of Denton, Texas, for the Denton 2022 Mobility Plan. Public Hearing rescheduled for
March 22, 2022.
ID 22-098B.
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, amending the Denton Development Code; specifically, to provide for pathways
and trails in Section 7.4.7A, Permitted Uses and Activities in Riparian Buffer and
Water-Related Habitat Environmentally Sensitive Areas (ESAs) and Section 7.4.8A,
Permitted Uses and Activities in Cross Timbers Upland Habitat ESAs; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; and providing a
severability clause and an effective date. Public hearing rescheduled for March 22, 2022.
DCA22-0001
b
C.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City of Denton appointing a City Manager;
authorizing the Mayor to execute an employment agreement setting the compensation and
terms for the City Manager; providing for the expenditure of funds; and providing an
effective date.
ID 22-498A.
Consider adoption of an ordinance of the City of Denton, Texas, amending the fiscal year
2021-2022 budget and Annual Program of Services of the City of Denton to allow for
adjustments to the Capital Improvements Program of $4,464,900 for expenses related to
purchasing land for the purpose of constructing a new Solid Waste transfer station;
declaring a public purpose; providing a severability clause, an open meetings clause and
an effective date.
ID 21-2809B.
Consider adoption of an ordinance of the City of Denton to declare the intent to
reimburse capital program expenditures of Solid Waste ($4,464,900) with tax-preferred
obligations (Certificates of Obligation and General Obligation Bonds) with an aggregate
maximum principal amount not to exceed $4,464,900; and providing an effective date.
ID 22-129C.
Consider adoption of an ordinance of the City of Denton related to the COVID-19
Declaration of Disaster and Order of Council.
ID 22-500D.
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.
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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 25, 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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