April 24, 2018 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
April 24, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, April 24, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Briggs, Council Member Duff, Council Member Ryan, Council
Member Gregory, and Mayor Pro Tem Bagheri
ABSENT: Council Member Hudspeth; Mayor Watts
1. Work Session Reports
A. ID 18-617 Receive a report, hold a discussion and give staff direction regarding the
construction of the G. Roland Vela Athletic Complex capital project.
Gary Packan, Director of Parks and Recreation, provided an update on the questions raised at the
April, 3 council meeting regarding the construction of the G. Roland Vela Athletic Complex. He
noted the layout of the complex, the finishes of the buildings proposed for the complex, design of
the roofs, the restroom/concession stand layout, and the breezeway for the complex. The total
square footage and cost per square foot was presented along with comparisons with other bidders
for the project and other restroom/concession construction in the Metroplex. Comments were noted
from Dunaway and Associates, architects for the project. He continued with comparisons of
residential structures versus commercial structures.
Options were (1) proceed as designed, (2) redesign the facility to remove the concession and
breezeway, (3) modify design/alternative with a prefabricated structure with restroom and storage
only and (4) prefabricated structure with restroom, storage and concession.
Council discussion included:
Sources of funding for the complex
How the size of the restrooms was determined
Cost determination if any of the components were done in-house
Storm readiness for the prefabricated buildings
Delaying would result in increased costs
There was no electrical room for Options 3 and 4 and would add to the total cost
Council Member Gregory stated that he favored the original concept.
Council Member Duff noted that he favored Option 1.
Council Member Briggs stated that she favored Option 3 or 4 and a deeper look into the project to
save costs.
Mayor Pro Tem Bagheri suggested an alternate cost for a shade structure elsewhere than the
breezeway and stated that she favored Option 3 or 4 with added amenities in the future and food
trucks as an option.
Mayor Watts joined the meeting.
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April 24, 2018
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Council Member Ryan stated that he would like to see cost figures for the additional need of an
electrical room with Options 3 and 4. He could not make a decision without those costs.
Mayor Watts also noted what additional costs would be with Option 4 in terms of on-site or off-
site electrical costs.
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Packan stated that the current bid expired on May 18. He suggested that the project could move
forward with the contract and do a deduction for items Council wanted to delete.
Council discussed:
Expiration of the bid could potentially result in higher costs
Provide a comparison of the options in terms of square footage, how much footage was
dedicated storage in Option 1 as opposed to Option 4, number of toilets in the two options and
if Option 4 would accommodate 16 teams and their guests
One major concern was the number of restroom facilities
Whether impact fees and plumbing costs were included in the building costs and that those
figures could drive the cost back to Option 1
Whether the price for Option 4 was inclusive of the infrastructure or just for the building – it
was noted that the prefabricated building replaced an existing structure so the infrastructure
was already there and Options 3 and 4 did not have those costs built in
Cost differences between the options regarding sewer lines, restrooms and the prefabricated
structures installed in other parks
B. ID 18-532 Receive a report, hold a discussion, and give staff direction regarding a policy and
application process to review housing tax credit requests.
Sarah Kuechler, Director of Public Affairs, presented background information on the process for
housing tax credit requests along with the review of presentations at various meetings. She noted
the proposed revisions to the application process and project preferences. Staff was seeking
direction on any revisions and recommended Council approve a resolution to approve the
application.
Council discussed State legislative action to remove local government authority to provide a
resolution of support.
Consensus of the Council was to proceed with the staff recommendation.
C. ID 18-620 Receive a report, hold a discussion, and give staff direction regarding existing
pavement failures on selected concrete streets throughout Denton.
Todd Estes, City Engineer, presented the staff report on a proposed assessment of existing
pavement failures on concrete streets throughout Denton. He noted the concrete pavement layers;
utility components under the pavement; types of pavement failures; life cycle of concrete
pavement; scope of failures in terms of locations within the City; and possible causes.
Council discussed a recourse back to the contractor if there was a pavement failure in a short time
frame,
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Estes continued with possible solutions including updating the design manuals with increased
minimum pavement standards and encouragement for geotechnical exploration prior to design.
Additional solutions would include construction specifications needed to allow for alternatives,
increase inspection resources, adherence to current city standards, or more stringent material
testing requirements. Estes reviewed staff recommendations.
Consensus of the Council was to proceed with the staff recommendations.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the specific items listed below under the Closed Meeting section of this agenda.
1. Closed Meeting:
A. ID 18-719 Deliberation regarding Personnel Matters - Under Government Code Section
551.074; Consultation with Attorney - Under Texas Government Code Section 551.071.
Deliberate and discuss the evaluation, duties, discipline, procedures, and contract of the City
Attorney.
B. ID 18-731 Consultation with Attorneys - Under Texas Government Code, Section 551.071
Receive information from, consult with, deliberate, and provide direction to the City’s
attorneys regarding monies paid by the City to the University of Texas at Arlington ("UTA")
related to (i) UTA’s Solid Waste Institute for Sustainability; and, (ii) UTA’s research related
to and/or at the City’s ECO-W.E.R.C.S. Resource Recovery Park. A 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 would jeopardize the City’s legal position in any administrative
proceeding or potential litigation.
Following the completion of the Work Session, the City Council convened in a Special Called
Meeting.
1.ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 18-716 Consider adoption of an ordinance of the City of Denton, Texas amending
the Code of Ordinances, related to Chapter 2, titled "Administration" Article XI, titled
"Ethics"; providing for findings of facts; providing a repealer; providing severability;
providing codification; confirming proper notice and meeting; and providing for an
effective date.
Mayor Watts noted a Speaker Card had been submitted by David Zoltner supporting the final draft.
Bryan Langley, Deputy City Manager, presented the staff report on the ethics ordinance. He noted
key elements.
Council discussed the prohibited gifts provision in terms of number of multiple vendors.
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Langley continued with next steps if the Council approved the ordinance at this meeting.
Council discussed
Addition of subpoena authority to the draft
Concern that subpoena authority might be used in excess and whether it would be appropriate
to give direction to the Ethics Board when a subpoena might be issued
The process of issuing a subpoena and a request for irrelevant documents
Procedures would need to be in place to protect privacy rights and to ensure a level of fairness
regarding requested documents
Greg Johnson stated that his major concern was that there were provisions that would prevent an
individual the opportunity to serve in terms of representing business clients. He also preferred
stronger penalties.
Ken Gold spoke on the necessity of subpoenas and the appropriate use of them.
Council discussed the vendor gift amount in terms of whether it was cumulative or an unlimited
annual amount. Consensus was to have $200 per year maximum from any sources.
Council discussed the subpoena power in terms of who would have this power and whether it
would apply to the subcommittee was well. Consensus was that this area needed further
clarification.
Council discussed the definition wording for capital improvement projects in terms of the City
purchasing property from an individual along with options for amending that definition and
definition of vendor in terms of selling property.
Council continued their discussion regarding the subpoena power of the Board in terms of when
to determine the parameters of the power and the reasons why the subpoena process had not been
mentioned earlier the process.
Council also discussed whether to proceed with approval of the ordinance at this meeting or
postpone it for a week to incorporate the changes they had noted regarding the vendor gifts, change
in definition of vendor for real property and subpoena power.
Consensus of Council was that the subpoena power would be limited to the scope of the
investigation and the Ethics Board would work out their own rules subject to Council approval.
Consensus in terms of effective date was that the ordinance would be effective upon passage but
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no complaint could be filed until September 1 or such time as the Ethics Board was constituted
to accept a complaint.
Council Member Gregory motioned, Council Member Ryan seconded to postpone consideration
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of the ordinance to the May 1 meeting. On roll call vote, Council Member Briggs "nay", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "nay", and Mayor Watts "aye". Motion carried with a 4-2 vote.
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Resolution 18-534
B. ID 18-534 Consider approval of a resolution of the City Council of the City of Denton,
Texas, appointing a Primary Member and Alternate Member as the official voting
representatives to the North Central Texas Council of Governments’ Regional
Transportation Council; and providing an effective date. The Mobility Committee
recommends approval (2-0).
Mark Nelson, Director of Transportation, presented the staff report on the appointment of a
primary and alternate member to the NCTCOG Regional Transportation Council. He noted the
overview of the current representation, the Mobility Committee recommendation with Council
Member Ryan designated as the primary member and Council Member Briggs as alternate.
Council Member Gregory motioned, Council Member Duff seconded to approve the resolution
with the members as noted above. On roll call vote, Council Member Briggs "aye", Council
Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro
Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.
Resolution 18-654
C. ID 18-654 Consider approval of a resolution of the City Council of the City of Denton,
Texas requesting the Denton County Transportation Authority establish a minimum
$250,000 annual investment in passenger amenities for the City of Denton service
area; and providing an effective date. The Mobility Committee recommends approval
(2-0).
Mark Nelson, Director of Transportation, presented the staff report on the proposed resolution for
DCTA passenger amenities. He noted background information on DCTA goals and objectives,
passenger amenities; annual funding and the Mobility Committee action. He noted the available
options for council consideration.
Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to approve the resolution.
On roll call vote, Council Member Briggs "aye", Council Member Duff "aye", Council Member
Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts
"aye". Motion carried unanimously.
Resolution No. 18-674
D. ID 18-674 Consider approval of a resolution of the City of Denton evidencing support
for the Denton Community Market and its grant application for funding from FY2018
Farmers Market Promotion Program of the Agricultural Marketing service, United
States Department of Agriculture, and providing support and in kind services in an
amount not to exceed $10,000 and providing for an effective date.
Katherine Barnett, Sustainability Manager, presented the staff report for the resolution of support
for the Denton Community Market. She detailed the assistance/support the city staff would provide
and cost of the assistance for the three year grant.
Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to approve the resolution.
On roll call vote, Council Member Briggs "aye", Council Member Duff "aye", Council Member
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Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts
"aye". Motion carried unanimously.
2. 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 Work Session on increasing the homestead exemption.
Council Member Briggs requested an Informal Staff Report on the noise ordinance as it related to
bars and the current zoning requirement for these establishments in neighborhoods.
Council Member Briggs requested an Informal Staff Report regarding the ADA compliant
sidewalk study.
Council Member Ryan requested information on when the stop light at 2499 and Roberson was
going to be installed.
Council Member Ryan requested an Informal Staff Report on the City’s water towers and whether
there was a need to dump water due to the age of the water and whether there was something to do
infrastructure wise to create quicker use of that water.
Council Member Ryan requested that the Chair/full committee of the Council committees receive
their agendas prior to posting.
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CHRIS WATTS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS