May 07, 2019 MinutesCITY OF DENTON CITY COUNCIL MINUTES
May 7, 2019
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 7, 2019, at 1:33 p.m. in the Council Work Session Room at City Hall City Hall, 215
E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts, Mayor Pro Tem John Ryan, and Council Members Gerard
Hudspeth, Keely Briggs, Don Duff, and Deb Armintor
ABSENT: Council Member Paul Meltzer
Also present were City Manager Todd Hileman and First Assistant City Attorney Larry Collister.
1.
2.
WORK SESSION
Citizen Comments on Consent A�enda Items
None.
Requests for clarification of a�enda items listed on the a�enda for May 7, 2019.
� Consent Item 4.A (ID 19-110) — As requested, staff provided clarification regarding
Mayor as designee as opposed to City Council. (Armintor)
� Consent Item 4.M (ID 19-1016) — As requested, staff provided clarification on when the
work is to begin on the Mobility Plan. (Briggs)
Council Member Duff arrived at 1:38 p.m,
3. Work Session Reports
A. ID 19-946 Receive a funding recommendation report from the Community Development
Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC), hold
a discussion and give staff direction regarding these recommendations, activities, and the
proposed 2019 Action Plan for Housing and Community Development.
The presentation centered on (1) purpose of presentation; (2) committees/grant review
process and timeline leading to Council adoption; (3) overview of the Community
Development Advisory Committee (CDAC) which included
committee process, and committee grants and funding; and
amount of funds received to include CDGB and HOME Funds
Council Member Husdspeth arrived at 2:22 p.m.
composition of inembership,
(4) purpose of grants, total
Following discussion, City Council consensus was to move forward with staff preparing the item
for presentation on June 4, 2019.
City of Denton City Council Minutes
May 7, 2019
Page 2
The meeting was recessed for a short break at 2:30 p.m. and reconvened at 2:37 p.m.
B. ID 19-012 Receive a report, hold a discussion, and give staff direction regarding the City of
Denton's special event process and proposed ordinance.
The presentation centered on (1) purpose of special events; (2) operational tasks; (4)
enhancement of customer service; (5) Special Event ordinance background to include current
application process, procedures, and issues; and (6) overview of administrative procedures.
Following discussion, City Council consensus was to move forward with staff preparing the
item for presentation at a future meeting.
The meeting was recessed for a short break at 3:45 p.m. and reconvened at 3:53 p.m.
C. ID 19-699 Receive a report, hold a discussion, and give staff direction on the updated
Integrated Pest Management (IPM) program.
The presentation centered on the Integrated Pest Management Program (IPM) which
included (1) background on the current program, review of process which included a focus
group and pilot site; (2) key provisions were to establish an objective, mission and goals,
IPM Methodology; (3) additional considerations discussed in focus group which included
organic maintenance and glyphosate use; and (4) proposed options.
Following discussion, City Council consensus was to move forward with staff preparing the
item for presentation at a future meeting.
D. ID 19-855 Receive a report, hold a discussion, and give staff direction regarding the use of
utility service addresses for public heaxing notifcations.
The presentation centered on (1) background of the item; (2) notification procedures; (3)
analysis of utility service addresses; (4) considerations identified by staff; (5) staff
recommendation which was to begin notifications based on utility service address for the
500' courtesy notices.
Following discussion, City Council consensus was to move forward with staff preparing the
item for presentation at a future meeting.
CLOSED MEETING
The City Council convened into a Closed Meeting at 4:52 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows:
City of Denton City Council Minutes
May 7, 2019
Page 3
A. ID 19-973 Consultation with Attorneys - Under Texas Government Code Section 551.071
Consult with 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 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 otherwise compromise the City's legal
position in pending litigation.
The meeting was recessed for a short break at 5:14 p.m. and reconvened at 5:20 p.m.
The Closed Meeting ended at 5:37 p.m. No votes or actions were taken in the Closed Meeting.
REGULAR MEETING
After determining that a quorum was present, the Regular Meeting was called to order at 6:30 p.m.
in the Council Chambers.
PRESENT: Mayor Chris Watts, Mayor Pro Tem John Ryan, and Council Members Gerard
Hudspeth, Keely Briggs, Don Duff, and Deb Armintor
ABSENT: Council Member Paul Meltzer
Also present were City Manager Todd Hileman and First Assistant City Attorney Larry Collister.
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
2. PROCLAMATIONS/PRESENTATIONS
A. ID 19-687 G. Brint Ryan - ISSUED
B. ID 19-969 Denton County Mental Health Month - ISSUED
C. ID 19-970 Children's Mental Health Awareness Day - ISSUED
D. ID 19-971 Bike Month - ISSUED
E. ID 19-972 Building Safety Month - ISSUED
City of Denton City Council Minutes
May 7, 2019
Page 4
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council..
B. Receive Scheduled Citizen Reports from Members of the Public.
1. ID 19-917 Mr. Lester Hudson regarding high-speed internet in Denton — PRESENTED.
C. Additional Citizen Reports (Open Microphone).
• Jennifer Lane, 1526 Willwood, spoke regarding the Events Policy and her concerns.
4. CONSENT AGENDA
Council Member Hudspeth moved to adopt the Consent Agenda consisting of items 4.A-O.
Motion seconded by Mayor Pro Tem Ryan. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Ryan and Council Members Hudspeth, Briggs, Duff,
and Armintor
NAYS (0): None
ABSENT (1): Council Member Meltzer
A. ID 19-110 Consider adoption of an Ordinance of the City Council of the City of Denton,
Texas, repealing Ordinance No. 2018-237; approving and adopting the 2019 Denton
Municipal Electric - Energy Risk Management Policy ("2019 ERMP"); authorizing and
approving the execution by the Mayor, or his designee, of the 2019 ERMP; delegating
authority as provided in the 2019 ERMP; authorizing and approving the subsequent
execution of contracts and related and ancillary documents, including, without limitation,
nominations, certificates, assignments, licenses, directions, instruments, confirmations,
orders and statements, as are authorized by the 2019 ERMP, which are incident to or related
thereto; confirming that the City of Denton, Texas, its Mayor, its City Council members, its
City Manager, or his designees, and its City Secretary, or her designees, are authorized to
perform such acts and obligations as are reasonably required to consummate those future
transactions which are provided for and authorized by the 2019 ERMP; finding that the
purchase of electricity, natural gas, and related commodities are exempt from the requirement
of competitive bidding; finding that the purchase of electric energy, natural gas and related
commodities made by the City under the terms of the 2019 ERMP are in the public welfare
of the citizens and electric ratepayers of the City; authorizing the expenditure of funds
therefor; providing an effective date.
ASSIGNED ORDINANCE NO. 19-110
B. ID 19-930 Consider approval of the minutes of April l, April 2, Apri19, April 16, and April
23, 2019.
City of Denton City Council Minutes
May 7, 2019
Page 5
C. ID 19-931 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 521-16 for the
acquisition of one (1) Altec model TA60 Articulating Telescopic Aerial Truck for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing an
effective date (File 7024 - awarded to Freightliner of Austin, in the not-to-exceed amount of
$243,539). The Public Utilities Board recommends approval (4-0).
ASSIGNED ORDINANCE NO. 19-931
D. ID 19-933 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
through the Sourcewell Cooperative Purchasing Network Contract Number 021815, for the
acquisition of one (1) Tractor/Scraper combination for $868,010.90 for the Solid Waste
Department; authorizing the expenditure of funds therefor; and declaring an effective date
(File 7034 - awarded to Associated Supply Company, Inc., in the not-to-exceed amount of
$868,010.90). The Public Utilities Board recommends approval (4-0).
ASSIGNED ORDINANCE NO. 19-933
E. ID 19-934 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 515-16 for the
acquisition of two (2) Broce Model RJT350 Sweepers for the Water Distribution
Department; providing for the expenditure of funds therefor; and providing an effective date
(File 7035 - awarded to R.B. Everett & Company, in the not-to-exceed amount of $119,970).
The Public Utilities Board recommends approval (4-0).
ASSIGNED ORDINANCE NO. 19-934
F. ID 19-935 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 515-16 for the
acquisition of one (1) new Volvo model L180H and one (1) new Volvo model L70H
replacement Wheel Loaders for the Beneficial Reuse Department; providing for the
expenditure of funds therefor; and providing an effective date (File 7048 - awarded to Romco
Equipment Company, LLC, in the not-to-exceed amount of $546,413). The Public Utilities
Board recommends approval (4-0).
ASSIGNED ORDINANCE NO. 19-935
G. ID 19-936 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 N.G. Painting
L.P., for the Construction of NW Storage Tank Rehabilitation located at the intersection of
Loop 288 and Hwy. 35N; providing for the expenditure of funds therefor; and providing an
effective date (IFB 6990 - awarded to N.G. Painting L.P., in the not-to-exceed amount of
$249,050). The Public Utilities Board recommends approval (4-0).
ASSIGNED ORDINANCE NO. 19-936
City of Denton City Council Minutes
May 7, 2019
Page 6
H. ID 19-937 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 521-16 for the
acquisition of three (3) heavy duty refuse trucks for the Solid Waste Department; providing
for the expenditure of funds therefor; and providing an effective date (File 7049 - awarded
to Rush Truck Center of Texas, L.P., in the not to exceed amount of $844,362). The Public
Utilities Board recommends approval (4-0).
ASSIGNED ORDINANCE NO. 19-937
I. ID 19-938 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of the iirst amendment to a Professional
Services Agreement between the City of Denton and Bates and Martin Architects, LLC,
amending the contract approved by Purchasing Staff on October 22, 2018, in the not-to-
exceed amount of $34,300, said first amendment to provide architectural services and
lighting for 12 tennis courts for the Parks and Recreation Department; providing for the
expenditure of funds therefor; and providing an effective date (File 6915 - providing for an
additional expenditure amount not-to-exceed $121,368, for a total contract amount not-to-
exceed $155,668).
ASSIGNED ORDINANCE NO. 19-938
J. ID 19-939 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to execute a contract
through the Buy Board Cooperative Purchasing Network Contract Number 529-17 for the
replacement of outdated irrigation control equipment; providing for the expenditure of funds
therefore; and providing an effective date (File 6948 - awarded to Interspec, LLC, in the not-
to-exceed amount of $184,140).
ASSIGNED ORDINANCE NO. 19-939
K. ID 19-940 Consider adoption of an ordinance of the City of Denton, 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-3781 with Microsoft Corporation, for Microsoft Premiere Support
Services; providing for the expenditure of funds therefor; and providing an effective date
(File 7044 - awarded to Microsoft Corporation, in the three (3) year not-to-exceed amount
of $258,285).
ASSIGNED ORDINANCE NO. 19-940
L. ID 19-394 Consider adoption of an ordinance approving an Airport Land Lease Agreement
between the City of Denton and 3KAM Real Estate, LLC; and providing an effective date.
The Council Airport Committee recommends approval (2-0).
ASSIGNED ORDINANCE NO. 19-394
City of Denton City Council Minutes
May 7, 2019
Page 7
M. ID 19-1016 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 Walter P. Moore & Associates, Inc., for engineering services for the
Mobility Plan for the City of Denton as set forth in the contract; providing for the expenditure
of funds therefor; and providing an effective date (RFQ 6999 - awarded to Walter P. Moore
& Associates, Inc., in the not-to-exceed amount of $537,300).
ASSIGNED ORDINANCE NO. 19-1016
N. ID 19-1028 Consider adoption of an ordinance of the City of Denton, Texas, concurring with
the City Manager's reorganization of the City of Denton's administrative departments and
divisions; authorizing the expenditure of funds in connection with the reorganization; and
providing an effective date.
ASSIGNED ORDINANCE NO. 19-1028
O. ID 19-1030 Consider approval of a Resolution of the City Council of the City of Denton,
Texas supporting the listing of the Fairhaven Retirement Home, located at 2400 North Bell
in Denton, Texas, on the National Register of Historic Places; and providing an effective
date. (ID 19-1030, Roman McAllen)
ASSIGNED RESOLUTION NO. 19-1030
5. ITFM� F�R iNnIVIDUAL CONSIDERATION
A. ID 19-968 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract extension between
the City of Denton and Jagoe-Public Company, through November 7, 2019, to provide the
construction of asphalt and concrete street sections and repairs; and declaring an effective
(IFB 6730 - extending a contract with Jagoe-Public Company, to November 7, 2019).
ASSIGNED ORDINANCE NO. 19-968
The presentation was made and discussion followed.
Mayor Pro Tem Ryan moved to adopt the item as presented. Motion seconded by Council
Member Hudspeth. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Ryan and Council Members Hudspeth, Briggs,
Duff, and Armintor
NAYS (0): None
ABSENT (1): Council Member Meltzer
B. ID 19-986 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, rejecting any and all competitive bids under IFB 6976 for the supply
of heating, ventilation and air conditioning maintenance, repairs, and replacement services
for various City buildings and any other areas maintained by the City of Denton Facilities
Department; and providing an effective date (IFB 6976).
ASSIGNED ORDINANCE NO. 19-986
City of Denton City Council Minutes
May 7, 2019
Page 8
Mayor Watts announced he had a conflict of interest and that Mayor Pro Tem Ryan would
be presiding over the item. Mayor Watts left the Council Chambers.
The presentation was made with no discussion following.
Council Member Hudspeth moved to adopt the item as presented. Motion seconded by
Council Member Armintor. Motion carried.
AYES (5): Mayor Pro Tem Ryan and Council Members Hudspeth, Briggs, Duff, and
Armintor
NAYS (0): None
ABSTAIN (1): Mayor Watts
ABSENT (1): Council Member Meltzer
C. ID 19-994 Consider approval of a resolution of the City of Denton approving a letter of
support for Serve Denton regarding its grant proposal of $100,000.00 to the Moody
Foundation to complete expansion of the Serve Denton Center Facility to include the Denton
Community Food Center, Health Services of North Texas clinic, and Children's Advocacy
Center offices; and providing an effective date.
ASSIGNED RESOLUTION NO. 19-994
Mayor Watts announced Mayor Pro Tem Ryan had a conflict of interest and had left the
Council Chambers.
The presentation was made with no discussion following,
Council Member Briggs moved to adopt the item as presented. Motion seconded by Council
Member Hudspeth. Motion carried.
AYES (5): Mayor Watts and Council Members Hudspeth, Briggs, Duff, and Armintor
NAYS (0): None
ABSTAIN (1): Mayor Pro Tem Ryan
ABSENT (1): Council Member Meltzer
D. ID 19-397 Consider adoption of an ordinance of the City of Denton approving a consent to
Collateral Assignment of an Airport Land Lease Agreement between Mark Hicks Transport,
LLC and AccessBank Texas; and providing an effective date. The Council Airport
Committee recommends approval (2-0).
ASSIGNED ORDINANCE NO. 19-397
Mayor Watts announced he had a conflict of interest and that Mayor Pro Tem Ryan would
be presiding over the item. Mayor Watts left the Council Chambers.
The presentation was made with no discussion following.
City of Denton City Council Minutes
May 7, 2019
Page 9
Council Member Hudspeth moved to adopt the item as presented. Motion seconded by
Council Member Duff. Motion carried.
AYES (5): Mayor Pro Tem Ryan and Council Members Hudspeth, Briggs, Duff, and
Armintor
NAYS (0): None
ABSTAIN (1): Mayor Watts
ABSENT (1): Council Member Meltzer
E. ID 19-007 Consider adoption of an ordinance of the City of Denton ("City") authorizing the
City Manager, or his designee, to execute a Purchase Agreement by and between MD Masud
Reza (the "Owner"), and the City, regarding the sale and purchase of fee simple to an
approximate 1.656 acre tract, more or less, situated in the Alexander Hill Survey, Abstract
No. 623, Denton County, Texas for the purchase price of Two Million Nine Hundred Ninety-
Nine Thousand Seven Hundred Fifty Dollars and No Cents ($2,999,750.00), as prescribed in
the Purchase Agreement; authorizing the expenditure of funds therefor; authorizing
relocation expenditures; providing for severability and an effective date. (Eagle Electric
Substation - 801-811 Eagle Drive & 827 Bernard Street).
ASSIGNED ORDINANCE NO. 19-007
Mayor Watts announced Council Member Armintor had a conflict of interest and had left
the Council Chambers.
The presentation was made with no discussion following.
Council Member Hudspeth moved to adopt the item as presented. Motion seconded by
Mayor Pro Tem Ryan. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem Ryan and Council Members Hudspeth, Briggs,
and Duff
NAYS (0): None
ABSTAIN (1): Council Member Armintor
ABSENT (1): Council Member Meltzer
F, ID 19-918 Consider nominations/appointments to the City's Boards, Commissions, and
Committees: Committee on Persons with Disabilities, Health & Building Standards
Commission, Public Art Committee, Special Citizens Bond Advisory Committee, and
Zoning Board of Adjustment.
Council Member Hudspeth moved to appoint the following as noted:
� Public Art Committee: Alicia Eggert
• Special Citizens Bond Advisory Committee: Randy Robinson, Tim Crouch, Janet
Shelton, Cody Lewis, Nancy Kimmey, Kate Lynass, Susan Parker
City of Denton City Council Minutes
May 7, 2019
Page 10
Motion seconded by Council Member Briggs. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Ryan and Council Members Hudspeth, Briggs,
Duff, and Armintor
NAYS (0): None
ABSENT (1): Council Member Meltzer
6. PUBLIC HEARINGS
A. Z18-0026a Hold a public hearing and consider adoption of an ordinance regarding an
amendment to the Rayzor Ranch Overlay District to provide standards and criteria for the
residential development within the Rayzor Ranch South Campus - South Mixed Use District,
being a part of the approximately 257 acre Rayzor Ranch South Campus generally located
on the south side of West University Drive/LTS 380 and west of Bonnie Brae Street in the
City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning
map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability and establishing an effective date. (Z18-0026, Rayzor Ranch
South, Hayley Zagurski). THIS ITEM HAS BEEN POSTPONED DUE TO
CANCELLATION OF THE APRIL 17, 2019 PLANNING AND ZONING COMMISSION
MEETING.
As noted, the public hearing had been previously postponed due to cancellation of the April
17, 2019 Planning and Zoning Commission Meeting.
B. S 18-OOOSe Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a Specific Use Permit to allow for a multi-family dwelling use on
an approximately 9.91 acre site, generally located west of Mockingbird Lane, south of Mingo
Road, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum
amount of $2000.00 for violations thereof; providing for severability; and establishing an
effective date. The Planning and Zoning Commission recommends approval 6-0, with
conditions. (S 18-0005, Mockingbird Multifamily, Ron Menguita)
The presentation outlined (1) overview of the Specific Use Permit Request; (2) future land
use element; (3) zoning district; (4) criteria used for approval; (5) ease of mobility and
compatibility with surrounding area; (6) Trafiic Impact Analysis and mitigation measures; (7)
preliminary site plane and landscape plan; (8) notifications and responses; and (9)
recommendation of approval with specific conditions outlined in AIS.
With the public hearing opened, the following spoke on the item:
• Patrick Filson (Applicant), 4821 Mercut Avenue, provided an overview of the
requested Specific Use Permit
• Nancy Carson, 2908 Oakshire, in opposition to the item; expressed concern for the
visual aesthetics of the proposed project
City of Denton City Council Minutes
May 7, 2019
Page 11
With no other speakers coming forward, the public hearing was closed.
Council Member Hudspeth moved to deny the item. Motion seconded by Council Member
Armintor.
Mayor Watts made a substitute motion to postpone the item to May 21, 2019 with
corresponding information to be provided to City Council.
Following further discussion, Mayor Watts amended his substitute motion to postpone the
item to June 11, 2019. Council Member Briggs seconded the amendment to the substitute
motion. Amended substitute motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem Ryan and Council Members Hudspeth, Briggs,
and Duff
NAYS (1): Armintor
ABSENT (1): Council Member Meltzer
7. CONCLUDING ITEMS
Council Members expressed items of interest, gratitude and provided general
announcements. Staff to provide responsive information to those requests for information as
part of the Friday Report process.
With no further business, the meeting was adjourned at 8:22 p.m.
4l ,��r i�
� � �`�����. � ��� � ��� "
.
�.. �...,..m_::.,,,,;"�
- �� s......m. .. � .�'`:::........._.�. ..
CHRIS WATTS
MAYOR
CITY OF DENTON, TEXAS
�.����"� _ � . � ` "�
"
�,� � � � �, �
_� �,.��.� -_..� �.���._� �;�;�� ..�.�. .. �....._._
ROSA RIOS
CITY SECRETARY
CITY OF DENTON, TEXAS
MINUTES APPROVED ON: _.. .....�����'...�.,r:. �.��`�.:. �.���� � ''...s���rv�._