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October 08, 2019 MinutesCITY OF DENTON CITY COUNCIL MINUTES October 8, 2019 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, October 8, 2019, at 12:01 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, John Ryan, Deb Armintar, and Paul Meltzer ABSENT: Council Members Jesse Davis Also present were City Manager Todd Hileman and City Attorney Aaron Leal 1' 1 1. Citizen Comments on Consent A enda Items • Consent Item 1.N (ID 19-2351) - Dalton Gregory, 2408 Emerson • Consent Item 1.N (ID 19-2351) - Carol Lynn Mizell, 2722 Crestwood Place Council Member Armintor arrived at 12:04 p.m, 2. Re uests for clarification of a enda items listed on this a enda. • Cansent Item 1.G (ID 19-2305) - As requested, staff provided clarificatian as ta the item being the same plan proposed in the most recent Friday Report. (Briggs) � Consent Item 1.J (ID 19-2312) - As requested, staff provided clarification as to the processing of sexual assault kits and expected timeframe for completion. (Briggs, Armintor) • Consent Item 1.A (ID 19-2182) and 1.B (ID 19-2237) - As requested, staff provided claxification regarding the fundrng for the items having been previously budgeted. (Meltzer) • Work Session 3.F (ID 19-2134) - Pulled from discussion to allow for the Planning and Zoning Commission ta first consider and present recommendations to City Council. (Watts} 3. "�"��� �� �a���i�a��a i��������:� A. ID 19-2036 Receive a report, hold a discussion and give staff direction regarding the 2019- 20 audit plan. The presentation was made and discussion follawed. Mayor Pro Tem Hudspeth arrived at 12:27 p.m. City of Denton City Council Minutes Octaber 8, 2019 Page 2 Following discussion, the City Attorney's Office was directed to provide a repart with facts surrounding a specific litigation case. The City Auditor's Office was directed to update the Audit Plan for presentation and adoption at a future meeting. The meeting was recessed at 12:51 p.m. for a short break and reconvened at 1:02 p.m. B. ID 19-2037 Receive a report, hold a discussion, and give staff direction regarding an internal audit of Roadway Quality Management. The item was presented and discussion followed. Following discussion, there was no direction provided as the item was only ta provide a report as to the audit of Roadway Quality Management. C. ID 19-2039 Receive a report, hold a discussion, and give staff direction regarding an internal audit of the Accounts Payable Division. . r -� . � w' � ♦ '� Following discussian, there was no direction pravided as the item was only ta provide a report as to the audit af the Accounts Payable Division. D. ID 19-2350 Receive a report, hold a discussion and give staff direction regarding the potential restriction of on-street parking along the west side of Hinkle Drive between Windsor Drive and University Drive. The presentation was made and discussian followed. Following discussion, staff was directed to proceed with Option 2 which consisted of 9-10' protected bike lanes on both sides and no parking lane on the west side. . .. , . - - -� 1 r r . � � -, , � . � . . . � � '� a' �� .. . . , -�� � � . • � . � + . � � . � � �_ � � � .� , � � � The item was presented and discussion followed. Foliowing discussion, results were as follows: s Item 1- Monument to Women's Interracial Fellowship (Meltzer) o Consensus to develop an Informal Staff Report (ISR) City af Denton City Council Minutes October 8, 2019 Page 3 • Item 2- Criminal Trespassing on Public Property (Armintor) o No consensus to discuss at a future work session • Item 3- Salid Waste rates and recent changes to residential curbside program (Briggs) o Consensus to discuss at a future work session in approximately two (2) months F. ID 19-2134 Receive a report, hold a discussion and give staff direction regarding Changes to Subchapter 1: General Standards, Subchapter 6: Gas Wells, and Subchapter 8: Subdivision of the Denton Development Code related to reverse setbacks and associated definitions and appeal procedures. As noted earlier in the Work 5ession, the item was pulled from discussion by Mayor Watts to allow for the Planning and Zoning Commission to first consider and present recommendations to City Council. Mayor Watts announced the Closed Meeting would be held after the Special Called Meeting. f.�N��s� � 1 ►� ► �' After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Meeting an Tuesday, October 8, 2019, at 2:28 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. .. * . � . . ,' . . � r �- , � t . �,_ .. : •• � ' �-r � • � ' ABSENT: Council Member Jesse Davis Also present were City Manager Todd Hileman and City Attorney Aaron Leal 1. CONSENT AGENDA The consent agenda consisted of Items 1.A-P. Na items were removed for individual consideration. Council Member Ryan moved to adapt the Consent Agenda as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryar�, Armintor, and Meltzer NAYS (0): Nane ABSENT (1): Council Member Davis City of Denton City Council Minutes October $, 2019 Page 4 . � •' : ' � �- .��� � � . • � . - � - � �- � - . *' - - , .*. � •. . .. � . . . ,, -- - �- -- - � �- � - , . � � � - ' � � . ` - • �- � # • r w _ r , �� � . `a � � - � � .t , . _ •. � � � r . . � ., � - � , • � . r - . � • � - � � . . r- . � � •' � + � ' ' �- � - • � - . � � '� * �. � � . . • . � r � �' • � . �. . �� . i 1' i • 1 ' : � � • � �- ��� • � . • � . . � � �� � . • � - ' . .*- � - - . . '- � . � � r- . • + � . �_ .. . � �. ,� . � -� ' , •' �. � � • • � • � �. . �. � . � r . , � � '��1111 � . . ++. � -:, . r .�- r . �. ♦ . � - - - - . - � - �. • . - � - , � - - , - � : . . • � . _ � ' � ' • � . . � . � • � + , - - - � . ' - F 1' 1 . �� + � • � � •- .��� � � . � � . - � _ � �' � • . .�r,� • . � .� - . r • r *• � . � y . � , .�'- 1' � ' �- �' � • . _ �, .�� - � � : r� + , r *� � - -- � � +♦ � � . � . -• - . - '. 1 1 . �r - � . ��� � -.-� --� . r • _ .+� � •- . • , • � . . � � ♦ � � � . • •- � - r - -� r ;� � _. .' � . � r • • : �; . � [ 1' 1, . , � � , �' � " �: � r- .r�r � � . � � . - � - 1 �- • � . * - - ,' ' � .' -., - � ! -' - . � . . . . - � � � f' . M • • - , � � � ' � �' •I �*" ,� # �i � . . f• • ;� � ,' ' s � � • � �' � �'' � . . ' � � � , _ . �' ' # i ' • • �'' � �' � � � � � ��' s � � � . ' • . _ �� • ! � - ''� �, i ' �� �,`� . �� #, � � � �' � � . ' ( •. . �.- �:' � � ��� '�� � . � i; 1 * � �' .•� � . � . .' � t , . ! /'` � ' • e � i` � ' .�' + •- • # _• ". ���' � �� � "+' . c '. � �' '. • i �� � +��� • • . . . `. ' � . r �' � - �' � � � - ' � _ . � � . . . _ . �' I '� �. I... i � �� .� �. '. � �,.." � �.. •. . ' � �. .' � .. :. ..�, � � ��� + .. ��: � ' i • �' �. � •: . : �. � �`; � .:� i. � �.,... i A'.. F. ID 19-2265 Consider adaption of an ardinance of the City of Dentan, Texas, a Texas home rule municipal carporation, authorizing the City Manager to expend funds for payment by the City of Dentan to the Texas Commission on Environmental Quality for the annual Consolidated Water Quality Fee for operation of the Pecan Creek Water Reclamation Plant; City of Denton City Council Minutes October 8, 2019 Page 5 and providing an effective date. (Consolidated Water Quality Fee in the total not-to-exceed amount of $127,000.00}. The Public Utilities Board recommends approval (7-0). ASSIGNED O INANCE NO. 19-2265 G. ID 19-2305 Consider adoption af an ordinance of the City of Denton, a Texas home-rule municipal corporation, far approval of a pre-qualified professional services list for Solid Waste/Landfill including Planning, Engineering Design, and Facility Permitting; Construction Documents, Technacal Specifications, and Construction Management; Environmental Services; Landfill Planning and Engineering Services; Landfill Gas Services; and Drone and Surveying Services; and providing an effective date (RFQ 7109). The Public Utilities Board recammends approval (7 - 0). ASSIGNED O INANCE NO. 19-2305 H. ID 19-2306 Consider adaption of an ordinance of the City of Denton, a Texas hame-rule municipal corporation, authorizing the City Manager ta execute a cantract with NO- DIGTEC, LLC, thraugh The Interlocal Purchasing System (TIPS) Cooperative Pragram Contract # 171105 for the supply of pipe bursting and related services far Wastewater Utilities; providing for the expenditure of funds therefor; and providing an effective date (File 7165 - awarded to NO-DIGTEC, LLC, in the amount af $642,350). The Public Utilities Board recommends approval (7 - 0}. ASSIGNED O INANCE NO. 19-2306 I. ID 19-2307 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 Cable Contractors, LLC dba Contract Services and Equipment, for fiber optic services for Technology Services; providing for the expenditure of funds therefor; and providing an effective date (RFP 7051 - awarded to Cable Contractors, LLC dba Contract Services and Equipment, far one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $2,000,000). ASSIGNED O INANCE NO. 19-2307 J. ID 19-2312 Consider appraval of a resolution of the City of Denton, Texas, authorizing the City Manager, or his designee, to accept the National Sexual Assault Kit Initiative (SAKI) far Small Agencies Grant (Grant No. 2419-AK-BX-0026} from the U.S. Department of Justice, Office of Justice Pragrams, Bureau of Justice Assistance in the amount of $499,890.00; for the period of October 1, 2019 through September 30, 2022; and providing an effective date. � - 1 • 1 � 1 , K. ID 19-2314 Consider approval of the minutes of September 17, 2019. L. ID 19-2334 Consider adoption of an ordinance of the City of Denton granting the Denton Day of the Dead Festival Inc. a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances for the Denton's Day af the Dead Festival, which will be held City af Denton City Cr�uncil MinuCes C7ctaber 8, 2019 Page 6 on Saturday, October 26, 2Q19, from 11:QQ a.m. to 11:00 p.rn., at Industrial Street and Hickory Street in �lenton, Texas; granting an increase in sound levels and a variance in the haurs af aperatian an said date fram 11:00 a.m. to 11:00 p.m., with saut7d not to exceed 75 decibeis; and providing an effective date. ASSIGNED O INANCE 1�0. 19-2334 M. ID 19-2347 Consider adaption af a resolution of the City af Denton adopting the 2019-2020 City Council priorities of the City of Denton far the fiscal year be�;i��ning on Octaber l, 2019 and ending an 5eptember 30, 2020; and provicirng an effective date. ASSIGNED RESOLUTION NO. 19-2347 N. ID 19-2351 Consider adoption af an ordinance of the City of Denton, approving a City co- spansorship rn an amount not to exceed $1,928 of in-kind services and resaurces for the Dentan Cc�mmunity Band concerts, which will be held an Sunday, Uctober 27, 2019, fram 2:00 p.rn. to 5:00 p,Yn.; and Friday, June 5, 202Q, fram 6:00 p.m, tcr 9:00 p.m., at the Denton Civic Center; and providing an effective d�te. ASSIGNE� C1I�DINAI'�CE NO. 19-2351 O. ID 19-2353 Consider adaption of an ordimance af the City of Denton, approvzng a City co- sponsorship in an amaunt not ta exceed $2,002 of in-kind services and resources far t]he Denton Caunty Veterans Coalition Stand-17own, which wili be heid on Thursday, Octaber 24, 2Q19, from 9:OCJ a.m. to 3:QQ p.m., v�rith event set up on VJednesday, Qctaber 23, 2019, from 2:40 p.m. ta 5:00 p.m., at the Denton C�vic Center; and providing an effective date. ASSIGIVEI�► C1 INANCE NO. 19-2353 P� ID 19-2363 Conside�° adoption of an ardinaz�ce of the City of Denton, authorizing the execution af a Joint Electian Agreement and Cantract with Dentan Caunty far jaint election services far the Denton Special Election ta be held on November S, 2C119, within said City on the question ofthe issuance af $221,519,000 in ad valorem tax supparted public securities for streets, publ�c sa%ty, parks and public art, at a tatal estimated cc�st af $51,361.41; authorizing the expenditure af funds therefor; and providing an effective date. ASSIGI�ED CI INANCE NO. 19-2363 � M; � . � � •. � A. HLC19-030b Consider approval af a resolutiaYl af the City of Dentan, Texas adopting the vzsaon, value staterrietlts, gaals, palicies, recarnmendations, and the implementation rnatrix proposed in the Dentan Histaric Preservation Plan prepared by the Lakata Group, dated August 28, 2019; and providzng an effective daie. (HLC19-030b, Histc�rrc Preservation Pian, Ron Menguita) . � _ � .�- , a • � � • '• City of Denton City Council Minutes October 8, 2019 Page 7 The following registered speaker was called on the item: Randy Hunt, 722 W. Oak Street - addressed concerns as to the role of HPO, focus on initiatives and not rules, and move role out of Development Services as it is more effective under the Economic Development Department Following further discussion, staff was directed to revise the plan as discussed for presentation at a future meeting. The meeting was recessed at 4:02 p.m. far a short break and recanvened at 4:09 p.m. B. ID 19-2267 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, approving and authorizing the City Manager to execute an interlocal cooperation agreement with Wise County, providing for a guaranteed volume agreement for the landfill; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2267 Items 2.B (ID 19-2267), 2.0 (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271) were collectively read into the record, presented and discussed, with each item voted on individually. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (4}: Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs and Ryan NAYS (2): Council Members Armintor and Meltzer ABSENT (1}: Council Member Davis C. ID 19-2268 Consider adoption af an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Frontier Access, LLC., providing for a guaranteed volume contract for the landfill; and providing an effective date. 1 1' 1' # " ' ,: Items 2.B (ID 19-2267), 2.0 (ID 19-226$), 2.D (ID 19-2269), 2.E (ID 19-2270}, and 2.F (ID 19-2271) were collectively read inta the record, presented and discussed, with each item voted on individually. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (4}: Mayor Watts, Mayor Pro Tem Hudspeth and Cauncil Members Briggs and Ryan NAYS (2): Cauncil Members Armintor and Meltzer ABSENT (1): Council Member Davis City of Denton City Council Minutes Octaber 8, 2019 Page 8 D. ID 19-2269 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal carporation, authorizing the City Manager to execute a contract with Community Waste Disposal Inc., providing for a guaranteed volume contract for the landfill; and providing an effective date. ASSIGNED ORDINANCE NO. 19-2269 Items 2.B (ID 19-2267), 2.0 (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271 } were collectively read into the record, presented and discussed, with each item voted on individually. , • ' � - � �- � -a � .�r � _ _ . , � . . .� � • - � �-� r, � �- " , � � . �� AYES (4}: Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs and Ryan NAYS (2): Council IVlembers Armintor and Meltzer ABSENT (1): Council Member Davis E. ID 19-2270 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizin� the City Manager to execute a cantract with Waste Connections Lone Star, Inc., providing for a guaranteed volume agreement for the landfill; and providing an effective date. Items 2.B (ID 19-2267), 2.0 (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271) were collectively read into the record, presented and discussed, with each item voted on individually. •,, ' r • �. � -� i .�� • , � - -• �' • �-� • • •- '` • • -r � - � � - AYES (3): Mayor Watts, Mayor Pro Tem Hudspeth and Council Member Ryan NAYS (3}: Council Members Briggs, Armintor, and Meltzer ABSENT (1): Council Member Davis NOTE: Under the City Code of Ordinances, Subpart A, Article II, Section 2-29(g)(5)(a), matters voted on by the city council which end in a tie-vote shall automatically be placed on each subsequent council meeting agenda until a full council is present. F, ID 19-2271 Consider adoptian of an ordinance of the City of Denton, a Texas home-rule municipal carporation, authorizing the City Manager to execute a contract with Allied Waste Services of Fort Worth, LLC., providing for a guaranteed volume contract for the landfill; and providing an effective date. Items 2.B (ID 19-2267}, 2.0 (ID 19-2268), 2.D (ID 19-2269), 2.E (ID 19-2270), and 2.F (ID 19-2271) were collectively read inta the recard, presented and discussed, with each item voted on individually. City of Denton City Council Minutes October 8, 2019 Page 9 Mayor Pro Tem Hudspeth moved to apprave the item as presented. Motion seconded by Council Member Ryan. Motion failed due to a tie vote. AYES (3): Mayor Watts, Mayor Pro Tem Hudspeth and Council Member Ryan NAYS (3}: Council Members Briggs, Armintor, and Meltzer ABSENT (1): Council Member Davis NOTE: Under the City Code of Ordinances, Subpart A, Article II, Section 2-29(g)(5}(a), matters voted on by the city council which end in a tie-vote shall automatically be placed on each subsequent cauncil meeting agenda until a full council is present. G. ID 19-2316 Consider adoption of an ordinance approving an amended agreement by and between the City of Denton and the Denton Community Theater, Inc., relocating the location of rehearsal space; authorizing the City Manager to execute the first amendment; appraving the expenditure of funds therefor; and providing for an ef�ective date. ASSIGNED ORDINANCE NO. 19-2316 The presentation was made and discussion followed. Council Mernber Briggs moved to approve the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryan, Armintar, and Meltzer NAYS (0): None ABSENT (1}: Council Member Davis H. ID 19-2293 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Boaxd of Ethics and Zoning Board of Adjustment. There was no presentation and no discussian on the item. Council Member Briggs moved to appoint the following as nated: BoaRni MEMBER MEMBER sT,aTus & COMMITTEE/ COUNCIL NOMINATING FIRST LAST NEW TERM Q�ALIFICATION COMMISSION pLACE CCM NAME NAME OR PREFERENCE, IF ANY ........ ... � w . —____.... _ ______—_____ __ __ .__. � IJNEXPIRED �.�.������ ��� � . ....� ....� Board of Ethics 6 Meltzer Larry Beck September 1, 2018 New , through (Pre£:0/Other) i August 31, 2020 Zaning Board of September 1, 2019 Adjusfinent 6 Meltzer Emily Meisner through Reappointment August 31, 2020 City of Denton City Council Minutes October $, 2019 Page 10 t � - • �-� � �' '. �,_ . . � • . '� AYES (6}: Mayor Watts, Mayor Pra Tem Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT (1): Council Member Davis K�K17►[y Il11171►�H Y-ll �l►�f.� Council Members expressed items of interest, congratulatory remarks and provided general announcements. Staff to provide responsive information to those requests for information as part af the Friday Report process. The Special Called Meeting ended at 4:35 p.m. Cl1��I.'� �I 17►� I� �fi Il 1►[!� The City Council convened into a Closed Meeting at 4:35 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows: A. ID 19-2217 Deliberations regarding Persannel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Judge and City Auditor. NOT DELIBE TED B. ID 19-2337 Deliberations regarding Real Property - Under Texas Government Code 5ection 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential acquisition of real property interests in the Hiram Cisco Survey, Abstract No. 1184, Dentan County, Texas, and located generally along the south side of East McKinney Street, between Railraad Avenue and Narth Bradshaw Street, City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict wiih 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 administratave proceeding or potential litigation. DELIBERATED C. ID 19-2417 Consultation with Attarneys - Under Texas Government Code Sectian 551.071 Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with changes to Subchapter 6: Gas Wells of the Denton Development Code related to reverse setbacks and associated definitions, appeal procedures, and legal issues associated with pending development applications; where a discussion of these legal matters in an open meeting would conflict with the duty of the City's attorneys ta the City of Denton City City of Denton City Council Minutes October 8, 2019 Page 11 Council under the Texas Disciplinary Rules of Professional Canduct of the State Bar of Texas. N T ELI E TE - ' � -�' -- • . -� . � � � . • • �-� . 1 � . , � � , . w _ I # � - � �- �- . -r � � - � . � . . � _ � . _ � -• -_ , • - r � - -- . . .� � -� . � � � � � �..m � � d ���� �� ��� ` . � � , r.. ..._. C"➢ fi�lS WATTS . �• • 1 * j ' �'l • . . � .� �' � • • p� � s�* �� � ,^ � � � �' �" � � a � MINUTES APPROVED ON: "" , � ��" r .....���._.� �„_ � r � .�_ � � ,�,. �„. ���