December 13, 2016 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
December 13, 2016
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, December 13, 2016 at 1:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Pro Tem Roden, Council Member Wazny, Council Member Briggs, Council
Member Hawkins, Council Member Gregory, Council Member Bagheri, and Mayor
Watts.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
Willie Hudspeth, 623 Newton, stated that there was not enough time to address each item on the
consent agenda and not enough room for anyone to sit through these meetings.
Greg Paulus, 503 Fulton, spoke regarding the rental inspection program.
2. Requests for clarification of agenda items listed on the agenda for December 13, 2016.
Staff responded to Council requests for clarification of the following items:
Council Member Hawkins – Consent Agenda Item U.
Robin Paulsgrove, Fire Chief, provided a spreadsheet and clarification on the fire station
projects, including financing.
Council discussed looking at lower costs than $400 a square foot; that the proposals could be
rejected; requested staff to draft a white paper report that showed some kind of history on how
the process got to this point; and what kind of delay would occur if the proposals were rejected.
Council also noted that these facilities had not been updated in a while; what could be removed
from the project to lower the cost; consider removing the LEED certification; and whether there
was a cost to re-design the plans.
Staff noted that there would be a cost to re-design the plans and that money for LEED
certification had already been spent in the design of the project. This type of policy discussion
might be better served on the Station 3 design.
Consensus of the Council was to move forward with the project.
3. Work Session Reports
A. ID 16-1272 Receive a report, hold a discussion, and give staff direction on a rental
inspection program.
Lancine Bentley, Community Improvement Services Manager, provided information on rental
programs in other Metroplex cities and Texas college towns and also information on residential
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December 13, 2016
Page 2
programs. Residential Program Best Practices were reviewed along with Denton's Rental
Inspection Program information. Denton's Rental Inspection Program results were presented.
Council discussed exploring an education component of the program; having something in place
for single family home rentals; providing rental information on the City’s website; whether
another set of regulations was really needed; and the differences between rental of residential and
commercial property.
B. ID 16-1461 Receive a report, hold a discussion, and give staff direction regarding valet
parking in the Downtown area.
Caroline Booth, Director of Economic Development, reviewed the terms of the temporary
arrangement for valet service for Queenie's Steakhouse. Current considerations included a desire
to enable businesses to provide valet services to their patrons; inquiries from another entity
regarding a "shared valet" concept downtown; legal risks to continuing without an ordinance;
and effects of a valet ordinance on overall downtown mobility and parking. She noted that
Development Services would be conducting a comprehensive downtown parking study with an
interdepartmental downtown parking working group convened to support the study. She noted
the options to consider with the valet parking issue.
Council Member Wazny stated that she would like to wait for the comprehensive parking study
and until the study was completed would like to see a prohibition effective January 1, 2017
which would remain in place until a valet parking ordinance was in place.
City Attorney Burgess stated that there was an ordinance on the agenda effective January 2,
2017.
Council Member Gregory asked if the ordinance applied to just the downtown area.
City Attorney Burgess replied correct with an exemption for the universities which would still
allow for valet parking on private property.
C. ID 16-1538 Receive a report, hold a discussion, and give direction to staff and Waters &
Company on the City Auditor interview process.
Carla Romine, Director of Human Resources, stated that Waters and Company needed direction
on how Council wanted to proceed with the City Auditor interview process.
Council Member Wazny felt that the City Manager should not be involved in this process based
on the City Charter.
Miguel Ozuna with Waters & Company presented information on a possible procedure for the
interview process.
Council discussed whether to have feedback from the new City Manager. Consensus was that
feedback from the new City Manager would be acceptable. Council also agreed not to have a
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December 13, 2016
Page 3
survey with this process and discussed a proposed timeline. It was noted that a reception with
department heads and the City Council was included.
Romine indicated that the interview process could be scheduled for either the week of January
10th or January 24th.
Consensus was that the week of January 10th would be best with a reception to be held on
January 9th and interviews on January 10th.
D. ID 16-1603 Receive a report, hold a discussion, and give staff direction regarding the City
of Denton’s 2017 State Legislative Program for the 85th Texas Legislature.
Lindsey Baker, Intergovernmental Relations/Public Information Officer, stated that the purpose
of the legislative program was that it served as a policy document of the City Council; provided a
clear and pre-vetted position statement on a wide range of potential legislative initiatives; and
allowed staff to move quickly on proposed legislation. She reviewed the development of the
legislative program.
She stated that the top legislative priorities were protection of revenue sources and budget setting
authority, protection of land use regulations and authority, and preservation of DME as
community owned and operated.
Council Member Bagheri asked when the legislative program was created in the current format.
John Cabrales, Assistant City Manager, stated it was probably around 2007.
Baker reviewed the proposed policy statements.
1. Oppose legislation that would erode local control of existing authority and regulations of gas
well operations as articulated in HB 40.
Council discussed whether to oppose HB40 directly. General consensus of Council was to
remove statement 1 and add the following statement - Support legislation that would enhance
local regulations related to oil and gas operations.
2. Oppose legislation that will restrict MOUs from building transmission infrastructure outside
their service area.
3. Support legislation that would protect the ability of the City to be adequately compensated for
any use of its rights-of-way.
4. Oppose legislation that would erode the City’s authority over the management and control of
its rights-of-way.
5. Oppose any legislation that would erode the City’s authority to require utility companies to
pay the costs of relocating their facilities in a timely manner as required by current law.
6. Support legislation that would include solid waste collection vehicles, as well as other
municipal utility vehicles, into the current Texas Move Over Law.
7. Support legislation that would clarify regulations related to open carry in municipally owned
facilities that are contractually operated by non-profit or private entities.
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December 13, 2016
Page 4
8. Support legislation that would clarify where open carry is prohibited in a municipally owned
court office building.
9. Support legislation that would provide a statewide ban on the use of hand-held devices while
operating a vehicle, provided more stringent city ordinances are not preempted.
10. Oppose legislation that would prohibit use of Association Business Leave by authorized
Public Safety Association members, as provided in existing meet and confer agreements.
11. Oppose legislation that would increase state regulation of local ballot language.
Council Member Gregory stated that he would like an item added - oppose legislation that would
restrict a municipal government’s ability to regulate short-term lodging rentals in their online
listing platforms.
General consensus of Council was that this needed to be included in the legislative program.
Council discussed how to show their support or non-support of items in the legislative program.
It was decided to show some statements separately and the Council could vote on them
separately.
Council Member Bagheri stated that she would like to include something in the program
regarding the City’s ability to negotiate contracts for lower prices.
Baker stated that they needed to research this item in more detail before they could add a
statement to the program. Baker stated that she could bring more information for Council on the
January 10th meeting with a resolution for consideration.
Baker stated that staff had proposed the following – seek introduction and passage of legislation
that would amend the Tax Code by adding the City of Denton to the bracketed list of
municipalities authorized to utilize Hotel Occupancy Tax (HOT) funds for enhancement and
upgrading of city-owned and existing sports facilities or fields, which would provide significant
economic benefit to the community.
Council Members Briggs, Gregory, Wazny, Hawkins, Roden, and Bagheri expressed support for
this proposal.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:17 p.m. to consider specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A. ID 16-1535 Deliberations regarding a Personnel Matter - Under Government Code Section
551.074 and Consultation with Attorneys - Under Texas Government Code, Section
551.071.
Discuss and deliberate regarding the evaluation of candidates and the
appointment/employment of a City Auditor and consultation, deliberation and receipt of
information from the City attorneys involving legal matters relating to employment law and
City of Denton City Council Minutes
December 13, 2016
Page 5
interviewing of candidates, where a public discussion of these legal matters would clearly
conflict with the duty of the City’s attorneys to the City of Denton under Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
B. ID 16-1408 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
pertaining to plans, strategies, opportunities, and developments for generation
improvements to the City’s electric system; discuss and deliberate strategies regarding
same; discuss and deliberate opportunities and strategies for the City to enter into an
agreement for Owner’s Engineer services in order to provide project oversight services for
the Denton Energy Center Project. Take final action on an Owner’s Engineer services
agreement with Leidos Engineering, LLC.
C. ID 16-1511 Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with the City’s Attorneys on the status and strategy of litigation styled Aguinada, et
al. v. City of Denton, Texas, Cause No. 2012-50944-367, currently pending in the 442nd
District Court, Denton County, Texas.
D. ID 16-1554 Consultation with Attorneys - Under Texas Government Code, Section
551.071; Deliberations regarding Economic Development Negotiations - Under Texas
Government Code, Section 551.087.
Receive a report and hold a discussion regarding legal issues and economic development
issues regarding economic development incentives and legal land use concerns for a
business prospective in the Cole Ranch Development. This discussion shall include
commercial and financial information the City Council may receive from the business
owners which the City seeks to have locate, stay, or expand in or near the territory of the
City, and with which the City Council is conducting economic development negotiations,
including the offer of financial or other incentives. Also hold a discussion with the City’s
attorneys on the referenced topic where the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the
Texas Government Code.
E. ID 16-1575 Deliberations Regarding Real Property - Under Texas Government Code
Section 551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071.
Receive information from staff and discuss, deliberate, and provide staff with direction
regarding the potential acquisition of real property interests located in Lot 1, Block 2 of the
Municipal Utility Addition as shown by the plat thereof recorded in Cabinet G Page 346 of
the P.R.D.C.T., in the City of Denton, Denton County, Texas; discussion had, deliberation,
and direction given, by the Denton City Council in an open meeting would have a
detrimental effect on the position of the governmental body in negotiations with a third
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December 13, 2016
Page 6
party. Consultation with the City’s attorneys regarding legal issues associated with the
acquisition of the real property interests described above; discussion of these legal matters
in an open meeting 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 would jeopardize the City’s legal position in any
administrative proceeding or potential litigation. \[Brinker Substation\]
Following the completion of the Closed Meeting, the City Council convened in a Special Called
Meeting at 7:47 p.m.
1.CONSENT AGENDA
Council Member Hawkins motioned, Mayor Pro Tem Roden seconded to approve the Consent
Agenda and accompanying ordinances and resolutions. On roll call vote, Mayor Pro Tem Roden
"aye", Council Member Wazny "aye", Council Member Briggs "aye", Council Member Hawkins
"aye", Council Member Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "aye".
Motion carried unanimously.
Ordinance No. 2016-395
A. ID 16-1561 Consider adoption of an ordinance of the City of Denton, Texas to
declare the intent to reimburse capital program expenditures of the General
Government ($5,415,000) with Tax Preferred Obligations (General Obligation
Bonds) with an aggregate maximum principal amount equal to $5,415,000; and
providing an effective date.
Ordinance No. 2016-396
B. ID 16-1273 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager, or his designee, to execute a Contract of Sale by and
between Epic Development, Inc., a Delaware corporation ("Owner") and the City of
Denton, Texas ("Buyer"), regarding the sale and purchase of fee simple to an
approximately 5.782 acre tract, more or less, situated in the J. White Survey,
Abstract No. 1433, Denton County, Texas (the "Property Interest"), for the purchase
price of Three Hundred Thirty Nine Thousand Seven Hundred Sixty Eight Dollars
and No/100 ($339,768.00), and other consideration, as prescribed in the Contract of
Sale; authorizing the expenditure of funds therefor; and providing an effective date
(Denton Fire Station No. 8 - 3100 Block of Colorado Boulevard)
Ordinance No. 2016-397
C. ID 16-1517 Consider adoption of an ordinance authorizing the City Manager to
execute a Cooperative Purchasing Program Agreement with the National
Association of State Procurement Officials (NASPO) under Section 791.001 of the
State of Texas Government Code, and to authorize the City of Denton to participate
in Contract# SW300 for the purchase of Automatic External Defibrillators for the
City of Denton Fire department; and providing an effective date (File 6290-awarded
to Physio-Control, Inc. in the three (3) year not-to exceed amount of $576,600).
City of Denton City Council Minutes
December 13, 2016
Page 7
Ordinance No. 2016-398
D. ID 16-1525 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of work wear for City of Denton employees to
be stocked in the City of Denton Distribution Center; providing for the expenditure
of funds therefor; and providing an effective date (RFP 6142-awarded to multiple
vendors in the three (3) year not-to-exceed amount of $908,063).
Ordinance No. 2016-399
E. ID 16-1528 Consider adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager, or his designee, to execute an Agreement, as attached
to the ordinance and made a part thereof as Exhibit "A", by and between the Upper
Trinity River Water Management District (the "District") and the City of Denton
(the "City"), regarding authorizing the District to acquire certain utility easements
through eminent domain for relocation of District and City utilities as required by
the Texas Department of Transportation’s (TxDOT’s) roadway widening
improvements to FM 2181 (Teasley Lane), between FM 2499 and Lillian Miller
Parkway and within the City of Denton; sharing use of certain City and District
utility easements; and authorizing the City Manager, or his designee, to execute and
deliver any and all other documents required to implement the Agreement.
Ordinance No. 2016-400
F. ID 16-1532 Consider adoption of an ordinance of the City of Denton, Texas
approving and authorizing the City Manager to execute an Interlocal Cooperation
Agreement between the City of Denton and Denton County for Ambulance Services
and declaring an effective date.
Ordinance No. 2016-401
G. ID 16-1533 Consider adoption of an ordinance of the City of Denton, Texas
approving and authorizing the City Manager to execute an Interlocal Cooperation
Agreement between the City of Denton and Denton County for Fire Protection
Services; and declaring an effective date.
Ordinance No. 2016-402
H. ID 16-1542 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the State of Texas for
the purchase of traffic signal radar vehicle/pedestrian detection systems for the City
of Denton Traffic Department as awarded by the State of Texas Contract 550-A2;
and providing an effective date (File 5265-awarded to Twincrest Technologies in
the three (3) year not-to-exceed amount of $1,200,000).
Ordinance No. 2016-403
I. ID 16-1543 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the Buy Board
Cooperative Purchasing Network Contract Number 491-15 for the acquisition one
(1) Pierce Velocity Pumper Engine and one (1) Pierce Velocity Aerial HA Ladder
(Quint) Truck for the City of Denton Fire Department; and providing an effective
City of Denton City Council Minutes
December 13, 2016
Page 8
date (File 6309-awarded to Siddons-Martin Emergency Group, LLC in the not-to-
exceed amount of $1,985,330.24).
Ordinance No. 2016-404
J. ID 16-1544 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the Buy Board
Cooperative Purchasing Network Contract Number 424-13 for the acquisition three
(3) excavators and one (1) telehandler for the City of Denton Water Distribution and
Water Production Departments; and providing an effective date (File 6284-awarded
to Kirby Smith Machinery, Inc. in the not-to-exceed amount of $461,590).
Ordinance No. 2016-405
K. ID 16-1545 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the Buy Board
Cooperative Purchasing Network Contract Number 430-13 for the acquisition of
five (5) dump trucks, one (1) haul truck and eight (8) refuse trucks for various City
of Denton Departments; and providing an effective date (File 6310-awarded to Rush
Truck Center, Crane in the not-to-exceed amount of $2,203,790).
Ordinance No. 2016-406
L. ID 16-1546 Consider adoption of an ordinance of the City of Denton authorizing the
City Manager or his designee to execute a contract through the Houston-Galveston
Area Council of Governments (H-GAC) Cooperative Purchasing Program for the
acquisition of one (1) wheel loader for the City of Denton Beneficial Reuse
department; and providing an effective date (File 6307-awarded to Romco
Equipment Co. in the not-to-exceed amount of $356,299).
Ordinance No. 2016-407
M. ID 16-1547 Consider adoption of an ordinance authorizing the City Manager to
execute a professional services agreement for Medical Control Services for the Fire
Department, and providing an effective date (File 6253-awarded to Questcare
Medical Services, PLLC in the three (3) year not-to-exceed amount of $218,925).
Ordinance No. 2016-408
N. ID 16-1548 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a First Amendment to a Professional
Services Agreement for the City of Denton Land Development Code Update, by and
between Clarion Associates, LLC and the City of Denton, Texas; providing for the
expenditure of funds therefor; and providing an effective date (File 5053 in the
additional amount not-to-exceed $190,230; aggregating a total not-to-exceed
$290,107.35).
Ordinance No. 2016-409
O. ID 16-1549 Consider adoption of an ordinance of the City of Denton, Texas
providing for, authorizing, and approving a three (3) year agreement for digital
content provided through hoopla service, for the City of Denton Library System
City of Denton City Council Minutes
December 13, 2016
Page 9
which is available from only one source and in accordance with Chapter 252.022 of
the Texas Local Government Code such purchases are exempt from the
requirements of competitive bidding; and providing an effective date (File 5398
awarded to Midwest Tape in the three (3) year not-to-exceed amount of $140,000).
Ordinance No. 2016-410
P. ID 16-1550 Consider adoption of an ordinance of the City of Denton, Texas
providing for, authorizing, and approving the expenditure of funds for the purchase
of traffic signal head light-emitting-diode (LED) indications and pedestrian LED
indications, for the City of Denton Traffic Department, which are available from
only one source and in accordance with Chapter 252.022 of the Texas Local
Government Code such purchases are exempt from the requirements of competitive
bidding; and providing an effective date (File 6269 awarded to Dynamic Vision Co.
in the annual estimated amount of $125,000 for a three (3) year not to exceed
amount of $375,000).
Ordinance No. 2016-411
Q. ID 16-1551 Consider adoption of an ordinance of the City of Denton, Texas
providing for, authorizing, and approving the expenditure of funds for the purchase
of one (1) bucket truck for the City of Denton Electric Distribution Department,
which is available from only one source and in accordance with Chapter 252.022 of
the Texas Local Government Code such purchases are exempt from the
requirements of competitive bidding; and providing an effective date (File 6308
awarded to Altec Industries, Inc. in the amount of $226,858).
Ordinance No. 2016-412
R. ID 16-1552 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the approval of a Second Amendment to a contract with Clear Risk, Inc.
for Claims Management Software and Services which is available from only one
source and in accordance with Chapter 252.022 of the Texas Local Government
Code such purchases are exempt from the requirements of competitive bidding; and
providing an effective date (File 5452-providing for an additional three (3) year
expenditure amount of $49,500 for a total contract award not-to-exceed $99,000).
Ordinance No. 2016-413
S. ID 16-1553 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for the purchase of communication supplies including cabling
sensors, wire, brackets, and accessories, for the City of Denton Electric
Communications Department to be stocked in the City of Denton Distribution
Center; providing for the expenditure of funds therefor; and providing an effective
date (RFP 6163-awarded to Anixter, Inc. in the three (3) year not-to-exceed amount
of $100,000 and Communications and Electrical Supplies, Inc. (CESI) in the three
(3) year not-to-exceed amount of $400,000 for a total not-to-exceed amount of
$500,000).
City of Denton City Council Minutes
December 13, 2016
Page 10
Ordinance No. 2016-414
T. ID 16-1557 Consider adoption of an ordinance accepting competitive bids by way
of a Cooperative Purchasing Program Participation Agreement with Collin County
under section 271.102 of the local government code, for the purchase of crack
sealing services for the City of Denton Street department; providing for the
expenditure of funds therefor; and providing an effective date (File 6036-awarded to
Curtco, Inc. in the unit price amount of $1.70 per pound for a not-to-exceed amount
of $250,000).
Ordinance No. 2016-415
U. ID 16-1560 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for the construction of the Fire Station 4 to be
located at the corner of Sherman Drive and Kings Row, Denton, Texas; providing
for the expenditure of funds therefor; and providing an effective date (RFP 6262-
awarded to Ratliff Constructors, LP in the amount of $4,814,000).
Ordinance No. 2016-416
V. ID 16-1565 Consider adoption of an ordinance of the City of Denton, Texas
providing for, authorizing, and approving the purchase of Excess Workers’
Compensation Insurance Coverage for the City of Denton, through the City’s sole
broker of record, McGriff, Seibels, and Williams of Texas, Inc., and in accordance
with Chapter 252.024 of the Texas Local Government Code such coverage is
exempt from the requirements of competitive bidding; and providing an effective
date (File 6311 awarded to Midwest Employers Casualty Company at a rate of
$0.1599 per $100 of payroll in the estimated one (1) year amount of $154,142 and a
three (3) year estimated not-to-exceed amount of $486,000).
Ordinance No. 2016-417
W. ID 16-1567 Consider adoption of an ordinance accepting competitive proposals and
awarding a public works contract for the site demolition of the building located at
301 East McKinney, Denton, Texas; providing for the expenditure of funds therefor;
and providing an effective date (RFP 6273-awarded to Lloyd D. Neighbors
Demolition, LLC in the amount of $176,500).
Approved the minutes noted below.
X. ID 16-1582 Consider approval of the minutes of September 20 and September 27,
2016.
Ordinance No. 2016-418
Y. ID 16-1588 Consider adoption of an ordinance of the City of Denton, Texas
providing for, authorizing, and approving the expenditure of funds for the purchase
of two (2) underground cable pullers for the City of Denton Electric Distribution
Department, which are available from only one source and in accordance with
Chapter 252.022 of the Texas Local Government Code such purchases are exempt
from the requirements of competitive bidding; and providing an effective date (File
6312 awarded to Sherman and Reilly, Inc. in the amount of $180,196.30).
City of Denton City Council Minutes
December 13, 2016
Page 11
Ordinance No. 2016-419
Z. ID 16-1593 Consider adoption of an ordinance of the City of Denton, Texas,
correcting a clerical error by repealing Ordinance No. 2016-356, which was executed
and sealed in error, and replacing it with ordinance language previously considered
and approved by the City Council on November 8, 2016, which: (1) approved an
agreement between the City of Denton, Texas and Denton Community Market, Inc.;
(2) authorized the expenditure of funds therefor; and (3) provided for an effective
date.
Ordinance No. 2016-420
AA. ID 16-1594 Consider adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager, or his designee, to execute an Agreement, as attached
to the ordinance and made a part thereof as Exhibit "A", by and between the Texas
Department of Transportation ("TxDOT") and the City of Denton (the "City"),
regarding the City accepting funding from TxDOT to widen and improve as much
of McKinney Street (a former TxDOT roadway which has been transferred to the
City), between Woodrow Lane and just east of Ryan High School, as possible with
the funding being provided and in accordance with the terms of the Agreement; and
authorizing the City Manager, or his designee, to execute and deliver any and all
other documents required to implement the Agreement.
Approval of the ratification of a member to the Civil Service Commission
BB. ID 16-1595 Consider ratification of the re-appointment by the City Manager of
Darhyl Ramsey to the Civil Service Commission.
Ordinance No. 2016-421
CC. ID 16-1597 Consider adoption of an ordinance of the City of Denton, Texas,
amending Ordinance No. 2015-306 to prescribe updated titles and number of
positions for certain classifications of Fire Department personnel; providing
repealer, cumulative and severability clauses; and declaring an effective date.
Ordinance No. 2016-422
DD. ID 16-1598 Consider adoption of an ordinance of the City of Denton, Texas
authorizing the City Manager, or his designee, to execute a Real Estate Sales
Contract, as attached thereto and made a part thereof as Exhibit "A", by and
between SLF II Cole Property, L.P., a Texas limited partnership (the "Seller"), and
the City of Denton, Texas, (the "Purchaser"), regarding the sale and purchase of fee
simple to a 29.444 acre tract, more or less, situated in the J. McDonald Survey,
Abstract 873, Denton County, Texas, as more particularly described in the Real
Estate Sales Contract, generally located and adjacent to the southwest boundaries of
the City of Denton Enterprise Airport property (the "Property Interests"), for the
purchase price of Three Hundred Fifty Thousand Dollars and No Cents
($350,000.00), and other consideration, as prescribed in the Real Estate Sales
Contract; authorizing the expenditure of funds therefor; and providing an effective
date. (Denton Enterprise Airport - West Parallel Runway project - South End
Runway Protection Zone (SLF II Cole Properties, L.P.))
City of Denton City Council Minutes
December 13, 2016
Page 12
Ordinance No. 2016-423
EE. ID 16-1601 Consider the adoption of an ordinance amending the Code of
Ordinances of the City of Denton by adding a new Division 4 "Valet Parking" to
Article IV "Stopping, Standing, and Parking" of Chapter 18 "Motor Vehicles and
Traffic" in order to prohibit valet parking in the City of Denton Downtown
Implementation Area (DTIP); providing exceptions; providing for conflicts,
severability, and penalty clauses; and providing for an effective date.
2.ITEMS FOR INDIVIDUAL CONSIDERATION
Resolution No. R2016-043
A. ID 16-1602 Consider approval of a resolution of the City of Denton, Texas,
adopting the City of Denton’s 2017 State Legislative Program for the 85th Texas
Legislature; and providing an effective date.
Lindsey Baker, Intergovernmental Relations/Public Information Officer, provided the Council an
updated Legislative Program. She stated that this statement had been added on page 12 -
Support legislation that would enhance local regulations related to oil and gas operations. She
stated that she had also handed out a sheet with the three additional position statements they had
asked for.
Willie Hudspeth did not speak.
Paul Metzler, 1914 W. Oak Street, spoke regarding HB40.
Council Member Gregory motioned, Council Member Wazny seconded to approve the resolution
and the revised legislative program. On roll call vote, Mayor Pro Tem Roden "aye", Council
Member Wazny "aye", Council Member Briggs "aye", Council Member Hawkins "aye", Council
Member Gregory "aye", Council Member Bagheri "aye", and Mayor Watts "aye". Motion carried
unanimously.
The Council considered the following position statement – Oppose legislation that would
increase state regulation of local ballot language.
Mayor Pro Tem Roden motioned, Council Member Gregory seconded to approve the statement.
On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye", Council Member
Briggs "aye", Council Member Hawkins "aye", Council Member Gregory "aye", Council
Member Bagheri "nay", and Mayor Watts "aye". Motion carried 6-1.
The Council considered the following position statement – Support legislation that would
provide a statewide ban on the use of hand-held devices while operating a vehicle, provided
more stringent city ordinances are not preempted.
Council Member Wazny motioned, Council Member Hawkins seconded to approve the
statement. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye",
Council Member Briggs "nay", Council Member Hawkins "aye", Council Member Gregory
"aye", Council Member Bagheri "nay", and Mayor Watts "aye". Motion carried 5-2.
City of Denton City Council Minutes
December 13, 2016
Page 13
The Council considered the following position statement – Oppose legislation that would restrict
a municipal government’s ability to regulate short-term lodging rentals from online listing
platforms.
Council Member Hawkins motioned, Council Member Gregory seconded to approve the
statement. On roll call vote, Mayor Pro Tem Roden "aye", Council Member Wazny "aye",
Council Member Briggs "aye", Council Member Hawkins "aye", Council Member Gregory
"aye", Council Member Bagheri "nay", and Mayor Watts "aye". Motion carried 6-1.
Council Member Briggs motioned to add the following statement to the program – Oppose
legislation that would erode local control of existing authority and regulations of gas well
operations as articulated in HB 40, Mayor Pro Tem Roden seconded. On roll call vote, Mayor
Pro Tem Roden "aye", Council Member Wazny "aye", Council Member Briggs "aye", Council
Member Hawkins "aye", Council Member Gregory "aye", Council Member Bagheri "aye", and
Mayor Watts "aye". Motion carried unanimously.
3. 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.
Council Member Briggs requested a staff report on making City Hall a historic landmark.
Mayor Pro Tem Roden requested a report from Denton County regarding the irregularities
during the November election.
Council Member Wazny requested that staff look into adding an additional voting location in
each district for Election Day for the May election.
Council Member Gregory asked if the County could provide a cost for paper ballots that could be
scanned as a backup.
Council Member Hawkins stated that he had received complaints from citizens regarding Charter
and Frontier and asked staff to help organize a meeting with them.
City of Denton City Council Minutes
December 13, 2016
Page 14
Mayor Watts asked if staff could find out why there were no street lights on Hwy 380 between
I-35 and Bonnie Brae.
Mayor Watts requested a discussion on short term lodging.
Mayor Watts requested a work session on the policy on fire water lines.
B. Possible Continuation of Closed Meeting topics, above posted.
There was no continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 8:23 p.m.
____________________________________
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JANE RICHARDSON
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS