October 23, 2018 Minutes
CITY OF DENTON CITY COUNCIL MINUTES
October 23, 2018
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, October 23, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor
Pro Tem Ryan, Council Member Armintor, Council Member Meltzer, and Mayor
Watts.
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There were no citizen comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for October 23, 2018.
Staff responded to Council’s requests for clarification on the following items:
Council Member Briggs- Pull Items F and K for a presentation
Mayor Pro Tem Ryan - Item K
Mayor Watts - Items K and H
3. Work Session Reports
A. ID 18-1737 Receive a report from Board of Ethics Chair Jesse Davis, hold a discussion, and
give staff direction regarding the Board of Ethics’ Rules of Procedure.
Jesse Davis, Chair-Board of Ethics, presented an update on the proposed rules of procedure that
the Council had requested the Board to review.
Council discussed:
Board members asking questions of witnesses in order to affect the process
Provision to not have complainant and complainant's representative question a witness -
consider one but not both
Provisions for the Letter of Dismissal
Consider additional language for amendments
Consensus of the Council was to return with an ordinance reflecting the minor amendments.
B. ID 18-1801 Receive a report, hold a discussion, and give staff direction regarding the
possibility of creating a tourism public improvement district in Denton.
Zack Glenn noted the objective for a tourism public improvement district (TPID), the definition
of a TPID, why Denton needed a TPID, and TPID successes in other cities.
Scott Joslove presented information on the conversion rate of proposals to actual bookings. He
noted the workings of the TPID in terms of set purposes, action plan and terms of assessment.
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Page 2
Council discussed:
Whether there would be a competitive edge with other cities if this TPID were formed
Establishment of the TPID did not mean that it had be to created, only that it was an option
Details of the conversion rate
Makeup of the Board of Directors
What types of hotel businesses that the TPID would apply to
This proposal would provide more funding to allow for more bidding on conventions
Whether it would be better to not have a district and not have to charge the extra fee per room
Glenn continued with information on how a TPID could work in Denton, estimated Denton TPID
yield and how the fund would be invested, and the next steps in the process.
Council discussion included:
Provisions for the spending of the funds in the TPID
Council should be able to have input in how the funds were spent
Options/restrictions on the spending of the funds in the TPID
Funding for the TPID would not replace the funding the City provided to the CVB for
marketing
Consensus of the Council was to proceed to move forward now in order to participate in the 2019
legislative session.
C. ID 18-1524 Receive a report, hold a discussion, and give staff direction regarding a Fleet
Services facility expansion to add additional service bays to the north side of the current
maintenance shop at the Service Center.
Terry Kader, Fleet Services Superintendent, presented information on a proposed fleet facility
expansion. He noted the condition of the current facility; 2030 projected repair capacity;
considerations for projected needs; pros and cons for the expansion of the current facility;
estimated cost for the expansion; five year proforma; estimated schedule for the project and
options.
Council discussed:
Percentage of public safety vehicles worked on at the facility
Whether public safety vehicles were top priority for service
What was included in the construction costs as the estimated cost appeared to be very high
Whether the expansion would be able to accommodate different types of vehicles in the future
Source of funding for the project
Concern regarding the costs with no AC in the facility
Consensus of the Council was to proceed but consider reducing one bay and include air
conditioning. Survey other facilities to determine best practices for cooling the facilities.
D. ID 18-1742 Receive a report, hold a discussion, and provide staff direction regarding City
Council priorities for upcoming work session report topics.
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Bryan Langley, Deputy City Manager, noted identified Council retreat priorities and key priorities
for Council. He presented information on feedback and recommendations from the August 28 and
September 18 Work Sessions. He noted Council feedback and staff recommendations. Scheduled
operational and general consensus topics for October and November were listed as well as
December and January.
Council discussion included:
Some members would not be present at the 11/6 meeting and the suggestion was to move
several of the items listed to another meeting
The Auditor presentation was not listed and needed to be included
Langley continued with the Work Session priority survey. The results of the survey were intended
to help prioritize work session topics. He reviewed the survey results in terms of how Council
prioritized the topics.
Council discussed:
Council should consider all of the items listed
If not more than two people were interested, an item should not be considered
In addition to the items already on the list, the items being added each week made it impossible
to have a full Work Session on each item
Consider a point system for the items instead of a consensus of the items
Allow for a reconsideration of a prior priority ranking at the next survey consideration
Consider no new items until the current list was completed
Remove items on the list that were necessary for Council consideration that were not optional
Produce a new list every month with old and new requests from Council
Items at the top would be worked into the upcoming Work Sessions
Items to not be considered would come back as a Consent Agenda item for Council to formally
delete the items
Distinguish items for action and items for information
E. ID 18-1805 Receive a report, hold a discussion, and provide staff direction regarding a
potential future policy for meetings between members of the City Council and developers or
groups requesting economic development incentives.
Mayor Watts questioned if the discussion was limited to meetings where developers were asking
for economic incentives.
Bryan Langley, Deputy City Manager, stated that there were two separate discussions regarding
either meetings with developers or meetings with groups requesting economic incentives.
City Attorney Leal noted that it would include zoning and non-zoning items.
Mayor Watts noted that the discussion needed to be broad in terms of the posting.
Langley reviewed the October 9th Council Work Session discussion. Staff recommendations were
presented which included a resolution to adopt a policy.
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Council discussed:
What was the point when future development-related actions were known
Whether phone conversations or emails were included
Not comfortable with staff overseeing these meetings; having staff present did not make the
meeting transparent
Consider a member of Ethics Board attend the meetings instead of staff
Consider a recording of the meeting instead of having a staff member attend a meeting
It was good to have a better accountability of meetings but not encumber staff/board members
with scheduling of those meeting
The proposed process was too much
Consider documenting any meeting/email as opposed to staff attending a meeting
The issue was meeting with a developer after a vote rather than before the development was
proposed
Meeting after a vote should not be allowed and meeting before a vote should be documented
Consider a requirement that the meetings take place at City Hall with a sign in requirement
Prior discussion on this topic was not an ethical issue
The proposal was relevant to before a vote on a project
Langley noted that another option was to calendar all appointments.
Council continued discussion:
Calendaring meetings would not be limited to meetings with developers
Make meeting notices available to the public
Consider attaching meeting notices to a staff report
Consider not talking with developers that had a project before Council
Council should be able to police themselves and not have a procedure to follow
The proposed procedure did not address situations after a vote had been taken
Consider a survey of the public regarding the issue
Consensus of the Council was consider Option #3 with added wording "item before Council" in
certain tie vote or previous consideration. Bring back as a resolution for Council consideration.
Each member would take his/her own steps for documentation and if presented would be included
in backup materials for the development proposal.
Mayor Pro Tem Ryan suggested moving the Closed Session items to the end of the meeting so
staff would not have to wait until the Closed Session was completed. Consensus of the Council
was to consider Closed Session Item B first, then move the remainder of the Closed Meeting items
to the end of the meeting.
Following the completion of the Work Session, the City Council convened in a Closed Meeting to
consider the following item:
1. Closed Meeting:
B. ID 18-1768 Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074.
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Deliberate and discuss the evaluation, duties, and appointment of an interim Municipal
Judge.
Following the completion of Closed Meeting Item B, the Council convened in a Special Called
Meeting.
1.PROCLAMATIONS/PRESENTATIONS
A. ID 18-1724 Resolution of Appreciation for Judge Robin Ramsay
This item was not considered.
2.CONSENT AGENDA
Mayor Pro Tem Ryan motioned, Council Member Briggs seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item F and K. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye" and Mayor Watts “aye”. Motion carried unanimously.
Ordinance 18-1672
A. ID 18-1672 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
for the supply of Voluntary Dental and Voluntary Vision Insurance for the City of
Denton; providing for the expenditure of funds therefor; and providing an effective
date (RFP 6826- Voluntary Dental Insurance awarded to Delta Dental Insurance
Company for three (3) years, with the option for two (2) additional years in the total
five (5) year not-to-exceed amount of $6,509,000 and Voluntary Vision Insurance
awarded to United Healthcare Services, Inc. for three (3) years, with the option for
two additional years, in the total five (5) year not to exceed amount of $625,600). The
actual cost will be determined by the number of employees and retirees electing
coverage and the level of coverage selected. The coverage for Dental and Vision is
voluntary and is determined by the actual voluntary employee participation. This is a
pass through cost that is paid by the employee or retiree.
Ordinance 18-1673
B. ID 18-1673 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
through the Department of Information Resources (DIR) Cooperative Purchasing
Network Contract Number DIR-TSO-3553 for the supply of Online Performance
Management and Learning Management Software for the City of Denton; providing
for the expenditure of funds therefor; and providing an effective date (File 6913 -
awarded to Cornerstone OnDemand, Inc., in the one (1) year not-to-exceed amount
of $71,000).
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Ordinance 18-1680
C. ID 18-1680 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal cooperation, authorizing the City Manager to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 515-16,
for Holt Caterpillar (CAT) equipment repair services for the City of Denton Fleet
Services Department; authorizing the expenditure of funds therefor; and providing an
effective date (File 6878 - awarded to Holt Texas, LTD, for one (1) year, with the
option for two (2) additional one (1) year extensions, in a total not-to-exceed amount
of $375,000 for all years).
Ordinance 18-1682
D. ID 18-1682 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a contract
with James Wood Autopark, Inc., for the supply of police patrol and supervisor
vehicles for the City of Denton Police Department; providing for the expenditure of
funds therefor; and providing an effective date (IFB 6863 - awarded to James Wood
Autopark, Inc., in the three (3) year not-to-exceed amount of $2,100,000).
Ordinance 18-1684
E. ID 18-1684 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a twelve
month lease agreement through the Department of Information Resources (DIR)
Cooperative Purchasing Network Contract Number DIR-TSO-3041 with Ricoh-
USA, Inc. for production printing equipment for the City of Denton Reprographics
division; providing for the expenditure of funds therefor; and providing an effective
date (File 6889 - awarded to Ricoh USA, Inc. in the one (1) year not-to-exceed amount
of $81,293.04).
Resolution 18-1710
G. ID 18-1710 Consider approval of a resolution re-establishing a standing committee
of the City Council of the city of Denton, Texas to be known as the Hotel Occupancy
Tax (HOT) and Sponsorship Committee and assigning it additional duties; and
providing an effective date.
Ordinance 18-1713
H. ID 18-1713 Consider adoption of an ordinance of the City of Denton, approving a
City sponsorship in an amount not to exceed $2,500 of in-kind services and resources
for the Denton County Veterans Coalition Stand Down event on Wednesday, October
24, 2018, and Thursday, October 25, 2018, at Denton Civic Center; and providing an
effective date.
Ordinance 18-1714
I. ID 18-1714 Consider adoption of an ordinance of the City of Denton, granting the
Denton’s Day of the Dead Festival, pursuant to section 17-20 of the Code of
Ordinances, a noise exception on Saturday, October 27, 2018, from 11:00 a.m. to 9:00
p.m. at the corner of Mulberry Street and Industrial Street; granting a variance in
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amplified sound levels from 70 to 75 dba for an outdoor music festival; and providing
an effective date.
Ordinance 18-1715
J. ID 18-1715 Consider adoption of an ordinance of the City of Denton, granting the
Singing Oaks Church of Christ, pursuant to section 17-20 of the Code of Ordinances,
a noise exception on Sunday, October 28, 2018, from 2:00 p.m. to 5:00 p.m. at South
Lakes Park; granting a variance in hours of operation for amplified sound levels for
an outdoor event; and providing an effective date.
Resolution 18-1726
L. ID 18-1726 Consider approval of a resolution allowing the Campus Theatre
Concessions, LLC to sell alcoholic beverages for the Denton’s Day of the Dead
Festival, on Saturday, October 27, 2018, at the Williams Trade Square parking lot
upon certain conditions; authorizing the City Manager or his designee to execute an
agreement in conformity with this resolution; and providing an effective date.
Approved the minutes listed below.
M. ID 18-1774 Consider approval of the minutes of September 25, October 1, and
October 9, 2018.
Ordinance 18-1817
N. ID 18-1817 Consider adoption of an ordinance authorizing the City Manager to
execute a Water Main Cost Participation Agreement between the City of Denton,
Texas and 380 Storage of Denton, LLC for the City’s participation in the oversizing
of water mains and in accordance with the terms and conditions of this ordinance;
authorizing the expenditure of funds therefore; and providing an effective date. (File
#6874 - In the not-to-exceed amount of $105,679.35.)
The items pulled for individual considered were considered.
Resolution 18-1709
F. ID 18-1709 Consider approval of a resolution repealing the City of Denton’s multiple
departmental sponsorship policies, reference numbers 17-050, 18-095 and 18-224;
replacing the repealed sponsorship policies with one consolidated city sponsorship
policy; and providing an effective date.
Council Member Briggs asked about the sponsorships at $87,500 per year and questioned if that
money was different from HOT funds. It appeared that was not addressed in the policy.
Tony Puente, Director of Finance, stated that in-kind services were not counted in the funding as
no money was involved.
Mayor Pro Tem Ryan motioned, Council Member Meltzer seconded to approve the resolution. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "nay", Council Member
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Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye" and Mayor Watts “aye”. Motion carried with a 6-1 vote.
K. ID 18-1719 Consider approval of a resolution repealing the City of Denton’s Use of
the City Hall Meeting Spaces Policy Reference Number 500.01, and repealing the
Use of Conference Rooms Policy Reference Number 500.02; incorporating a Use of
City Facilities and Meeting Rooms Policy Reference Number 500.06, of the City’s
current policies and procedures; and providing an effective date.
Charlie Rosendahl, Management Assistant, presented background information on the current
policies. He noted the key points of the proposed policy and changes that were mentioned during
the Work Session.
Council discussion included:
Council community meetings and how those related to the first come, first served basis in the
policy
Where neighborhood organizations fit into the definition section
Consider revising the language to include neighborhood organizations
Review any possible inconsistencies with regard to alcohol usage in facilities
Revise language regarding placement of decorations on walls
Consider audio/visual charges for personnel present
Reasoning for the policy addressing alcohol in the libraries
Council did not take any action on this item.
3.ITEMS FOR INDIVIDUAL CONSIDERATION
Ordinance 18-1482
A. ID 18-1482 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with HR Green, Inc., for Engineering Development
Services related to the review of development construction projects for the City of
Denton, as set forth in the agreement; providing for the expenditure of funds therefor;
and providing an effective date (RFQ 6818 - Professional Services Agreement for
Engineering Development Services awarded to HR Green, Inc., in the not-to-exceed
amount of $815,147).
Todd Estes, City Engineer, presented information on outsourcing the development review process.
He noted the provisions of the agreement related to the technical review of development
construction projects. The contract negotiations were presented along with the aspects of the new
review model. Proposed staff changes were noted.
Council discussed:
The role of the Development Facilitator
The need for Engineering Services if HR Green was reviewing the proposed development plans
Specific responsibilities of Engineering Services
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The number of people HR Green would have working at the City
Council Member Armintor motioned, Mayor Pro Tem Ryan seconded to adopt the ordinance. On
roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member
Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member
Meltzer "aye" and Mayor Watts “aye”. Motion carried unanimously.
Ordinance 18-1660
B. ID 18-1660 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with Huitt-Zollars, Inc., for Engineering Related
Professional Services for the McKinney Street Widening Project, as set forth in the
agreement; providing for the expenditure of funds therefor; and providing an effective
date (RFQ 6590-040 - Professional Services Agreement for Engineering Related
Professional Services awarded to Huitt-Zollars, Inc. in the not-to-exceed amount of
$1,641,200).
Chad Allen, Deputy City Engineer, presented information on the contract for the final design of
the McKinney Street widening project. He noted the scope of the widening and the project history.
Council discussed:
The cost of the project was not the same as noted in the agenda caption
Reasoning for not following the design-build process
Council Member Briggs motioned, Council Member Hudspeth seconded to adopt the ordinance
with $90,000 amount with an option to do an as built-survey. On roll call vote, Council Member
Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem
Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye" and Mayor Watts
“aye”. Motion carried unanimously.
Ordinance 18-1661
C. ID 18-1661 Consider adoption of an ordinance of the City of Denton, Texas, a Texas
home-rule municipal corporation, authorizing the City Manager to execute a
Professional Services Agreement with Kimley-Horn and Associates, Inc., for the
Standard Construction Specifications Preparation as set forth in the agreement;
providing for the expenditure of funds therefor; and providing an effective date (RFQ
6590-039 -Professional Services Agreement for the Standard Construction
Specifications Preparation awarded to Kimley-Horn and Associates, Inc. in the not-
to-exceed amount of $1,008,800). The Public Utilities Board recommends approval
(4-0).
Todd Estes, City Engineer, presented information on the proposed standard construction
specifications preparation agreement. He noted the background for the purpose of construction
specifications, what needed to be done with the project, expected outcomes, timeline to
completion, and staff recommendation.
Council Member Briggs motioned, Council Member Hudspeth seconded to adopt the ordinance.
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Council discussed the price of contract which seemed high compared to the scope of work.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council
Member Meltzer "aye" and Mayor Watts “nay”. Motion carried with a 6-1 vote.
Resolution 18-1741
D. ID 18-1741 Consider approval of a resolution of the City of Denton creating an
advisory committee to consider and advise City Council on disability concerns such
as accessibility and accommodations; repealing Resolution 2007-030 which
previously established Denton’s Committee of People with Disabilities; and
providing an effective date.
Mario Canizares, Assistant City Manager, provided the background information on the formation
of the committee, key points of the establishment of a committee, and next steps in the process.
The following individuals spoke on the issue:
Tim Swenson, 300 W. Oak, #101, Denton - spoke in favor.
Henry Jason, 2012 Hemingway, Denton - spoke in favor.
Clay Thurmond, 1524 Snyder Street, Denton - spoke in favor.
Council Member Briggs motioned, Council Member Meltzer seconded to approve the resolution.
On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council
Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council
Member Meltzer "aye" and Mayor Watts “aye”. Motion carried unanimously.
4. 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.
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Council Member Briggs
Legislative issues that the Police Department was interested in for the City's legislative
program
Council Member Hudspeth
Consider the establishment of a nonprofit outsourcing management position
Mayor Pro Tem Ryan
Follow-up on the traffic flow plan on the Teasley/Dallas Drive small project in light of the
Hwy. 377 pending construction
Council Member Armintor
As the libraries had face time with homeless, it would be beneficial to have a representative
from the Library on the Shelter Committee plus a current homeless person on the Committee
Staff report on the Cumberland Children's Home similar to the report MHMR report on how
the City could help to use the land and partner for housing needs
Council Member Meltzer
Request a DCTA stop a Buc-ee’s
B. Possible Continuation of Closed Meeting topics, above posted.
Council returned to the Closed Meeting to consider the following:
A. ID 18-1390 Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074.
Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City
Attorney and City Manager.
C. ID 18-1783 Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from the City’s attorneys and discuss legal status, expenses and strategy
in Cause No. DC-17-08139, styled "Michael Grim and Jim Maynard v. City of Denton,
Texas" pending in the 68th Judicial District Court, Dallas County, Texas; where a 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.
With no further business, the Council returned to Open Session and the meeting was adjourned.
____________________________________ ____________________________________
CHRIS WATTS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS