January 14, 2020 MinutesCITY OF DENTON CITY COUNCIL MINUTES
January 14, 2020
After determining that a quorum was present, the City Caura�al of the City of Denton, Texas
convened in a Work Session on Tuesday, January 14, 2020, at 1:01 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, Jesse Davis, John Ryan, Deb Armintor, and Pa�.al Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
WORK SESSION
1. Citizen Comments on Consent Agenda Items
None.
2. Reauests for clarification of agenda items listed on this a e�
• Consent Item 1.D (20-062) - Pulled for individual consideration. (Davis, Meltzer)
• Consent Item l.H (20-157) - Pulled for individual consideration. (Meltzer)
Council Member Armintor arrived at 1:03 p.m,
3. Work Session Reborts
A. ID 19-2883 Receive a report, hold a discussion, and give staff direction regarding the 2Q20
Denton Mobility Flan Update, with a focus on the dowritown area of the city.
The item was presented and discussion followed.
Following discussion, staff was directed to proceed as proposed on the draft Thoroughfare
Plan, Bicycle Plan, and Pedestrian Plans, with additional components of each draft plan to
be presented at upcoming work sessions.
Other Work Session items were held to follow the closed meeting.
CLOSED MEETING
The City Council convened into a Closed Meeting at 2:38 p.m. consistent with Chapter 551 of
the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
Discussion on Item 1.B (ID 20-178) was held later in the day.
City of Denton City Council Minutes
January 14, 2020
Page 2
A. ID 20-139 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. 19-10653-442, styled "Stonetown Country View, LLC v. City of Denton, Texas and
Board of Adjustment for City of Denton, Texas" pending in the 442nd Judicial District Court,
Denton 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 pasition in pending litigation.
DELIBERATED
The Closed Meeting started at 2:44 p.m. and ended at 3:21 p.rn, No votes or actions were
taken during the Closed Meeting.
WORK SESSION - CONTINUED
The Work Session was reconvened at 3:24 p.rn.
B. ID 19-2914 Receive a report, hold a discussion, and give staffdirection on polling locations
for the May 2, 2020 General and Special Elections, and any runoff election if applicable.
Council Member Meltzer had a conflict of interest on the item and left the Work Session
Room.
The item was presented and discussion followed.
Following discussion, staffwas directed to continue with propased locations that would keep
continuity with those used in previous years, with both the Civic Center and Texas Woman's
University being used for early voting.
C. ID 19-2843 Receive a report, hold a discussion, and give staff tlirection regarding the results
of 2019 gas well inspection activities and annual summary report by Modern Geosciences.
The item was presented and discussion followed.
Council Member Davis arrived at 3:45 p.m.
The Work Session was recessed for a short break at 4:58 p.m. and reconvened at 5:04 p.m.
Following discussion, there was no direction provided as the item was only for discussion
purposes.
City of Denton City Council Minutes
January 14, 2020
Page 3
CLOSED MEETING — CONTINUED
1. The City Council convened into a Closed Meeting at 5:04 p.tn. consistent with Chapter 551 of
the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
B. ID 20-178 Consultation with Attorneys - Under Texas Government Code Section 551.701.
"Consult with the City's attorneys regarding legal issues and strategies regarding the
application for an Air Quality Standard Permit, Registration 15093 l, which would authorize
the constructian of a Permanent Concrete Crusher Application, filed by Mutual First, LLC
with the Texas Commission on Environmental Quality (TCEQ) and associated land use
issues for property located at 5120 E. University Drive, where a public discussion ofthe 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."
DELIBERATED
The Closed Meeting started at 5:05 p.m. and ended at 5:43 p.m. No votes or actions were
taken during the Closed Meeting as Consent Agenda Item 3.H (20-157), pulled for individual
consideration, was being considered later during the Special Called Meeting,
WORK SESSION - CONTINUED
The Work Session was reconvened at 5:47 p.r�.
D. ID 19-2723 Receive a report, hald a discussion, and give staff direction regarding an internal
audit of the City's Economic Development Program.
The item was presented and discussion followed.
Following discussion, staffwas direct�d to follow up on recommendations resulting from the
audit results to enhance reporting tools already in place.
E. ID 20-173 Receive a report, hold a discussion, and give staffdirection regarding the potential
inclusion of Whitetail/Wolf Ridge wind farm physical energy deliveries in calculating total
renewable resource percentages under the Denton Renewable Resource Plan.
The item was presented and discussion followed.
Following discussion, staff was directed to proceed with Option 3(Credit all RECs held in
DME account towards 100°10 renewable goal) and prepare a resolution for adoption at an
upcoming meeting.
The Work Session was recessed for a short break at 7:43 p.m. and reconvened at 7:47 p.m.
City of Denton City Council Minutes
January 14, 2020
Page 4
SPECIAL CALLED MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Meeting on Tuesday, ranuary 14, 2020, at 7:47 p.m. in the 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, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal
1. CONSENT AGENDA
The consent agenda consisted of Items 1.A-H. During the Work Session held earlier in the
day, Item l.D (ID 2Q-062) was pulled for individual consideration by Council Members
Davis and Meltzer. Item 1.H (ID 20-157) was pulled for individual consideration by Council
Member Meltzer.
Council Member Ryan moved to adopt the Consent Agenda, now consisting of items 1.A-C
and l.E-G. Motion seconded by Counczl Member Davis. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, and Meltzer
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
A. ID 19-2973 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 Kimley-Horn and Associates, Inc., for hydraulic and alignment study and
analysis, design engineering report, final design, bid phase support, and construction
administration services for the Northwest Booster Pump Station and VVater Transmission
Main as set forth in the contract; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 6590-081 - Professional Services Agreement for design
services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of
$1,398,600).
ASSIGNED ORDINANCE NO. 19-2973
City of Denton City Council Minutes
January 14, 2020
Page 5
B. ID 20-040 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 Kirnley-Horn and Associates, Inc., for utility conflict analysis, surveying,
easement acquisition, design, bidding and construction administration services in support of
the State reimbursable relocation of water and wastewater utilities within the Interstate
Highway 35E Right-of-Way; providing for the expenditure of funds therefor; and providing
an effective date (RFQ 6590-084 Professional Services Agreement awarded to Kimley-Horn
and Associates, Inc., in the not-to-exceed amount of $922,800).
ASSIGNED ORDINANCE NO. 20-040
C. ID 20-042 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 O'Brien Engineering, Inc. for engineering services relating to the erosion
issues along Cooper Creek, in a section behind Burning Tree Lane; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 6590-Ob6 - Professional
Services Agreement for engineering services awarded to O'Brien Engineering, Inc., in the
not-to-exceed amount of $64,446).
ASSIGNED ORDINANCE NO. 20-042
E. ID 20-121 Consider approval of the minutes of December 17, 2019.
F. ID 20-129 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
amra:a�%cipal corporation, approving proposals from Media Rushworks, LLC dba
RUSHWORKS, and authorizing the expenditure of funds for audio and video upgrades for
the DTV platform including the DTV control room, the Council Chamber, and the Work
Session room; providing for the expenditure of funds therefor; and providing an effective
date (RFP 7234 - awarded to Media Rushworks, LLC dba RUSHWORKS, for a total five
(5) year not-to-exceed amount of $129,200).
ASSIGNED ORDINANCE NO. 20-129
G. DCA19-0023b Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro
Tunc, correcting an inadvertent mistake in Ordinance No. DCA19-0023a relating to MD and
SC Zoning Districts; providing a savings clause and an effective date. (DCA19-0023b,
Offices in R7, Julie Wyatt)
ASSIGNED ORDINANCE NO. DCA19-0023b
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
D. ID 20-062 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager, or his designee, to execute an agreement between Denton Independent School
District and the City of Denton for pa.rticipation in the Advanced Technolagy Complex
Practicum of Law, Public Safety, Corrections, and Security Program for the 2019-2020
Academic Year; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-062
Pulled for individual consideration by Council Member Davis and Meltzer.
City of Denton City Council Minutes
January 14, 2020
Page 6
Council Member Davis had a conflict of interest on the item and left the Work Session Room.
The item was presented and no discussion followed.
Council Member 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,
Armintor, and Meltzer
NAYS (0): None
ABSTAIN (1): Council Member Davis
H. ID 20-157 Consider approval of a resolution of the City of Denton opposing the application
for an Air Quality Standard Permit, Registration 159031, which would authorize the
construction of a Permanent Concrete Crusher by Mutual First, LLC at 5120 East University
Drive, Denton, Denton Caunty, Texas, directing said opposition be delivered to the Texas
Commission on Environmental Quality (TCEQ), and requesting denial of the application.
ASSIGNED RESOLUTION N4. 20-157
Pulled for indzvidual consrderation by Council Member Meltzer.
Corresponding Closed Meeting Item 1.B (20-178) was deliberated earlier in the meeting.
The item was presented and discussion followed.
Council Member Meltzer moved to apprave the item as presented. Moti+�r� seconded by
Council Member Armintor. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor, and Meltzer
NAYS (0): None
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 19-2981 Receive a presentation of an ordinance of the City of Denton amending the City
of Denton Code of Ordinances (Code) Section 2-29 (City Council Rules of Procedure)
Subsection (d) (Types of Meetings) adding language to officially adopt long standing
practices for scheduling regular meetings of the City Council and for addressing holidays;
providing for a severability clause; and providing for an effective date.
The item was held for later in the meeting at staffs request.
City of Denton City Council Minutes
January 14, 2020
Page 7
B. ID 20-024 Consider adoption of an ordinance of the City of Denton, Texas amending the
Fiscal Year 2019-2020 Budget and Annual Program of Services of the City of Denton to
allow for adjustments to the Parks Gas Well Fund of seventy one thousand dollars ($71,000)
for the purpose of funding improvements to the American Legion Hall, allowing adjustments
to the capital improvement program of thirty five million three hundred fifty thousand
dollars ($35,350,000) for the purpose of funding improvements to the City's Fleet Services
Building, City Hall West renovations and projects included in the 2019 bond election;
declaring a public purpose; praviding a severability clause; an open meetings clause and
effective date.
ASSIGNED ORDINANCE NO. 20-024
The item was presented and discussion followed.
Council Member Ryan moved to approve the item as presented. Mot�on seconded by
Council Member Davis. Motion carried.
AYES (7): Mayor Watts, Mayor Pra Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor, and Meltzer
�T1�YS (0): None
A. ID 19-2981 Receive a presentation of an �rdina�c� of the City of Denton amending the City
of Denton Code of Ordinances (Code) Section 2-29 (City Council Rules of Procedure)
Subsection (d) (Types af Meetings) adding language to offcially adopt long standing
practices for scheduling regular meetings of the City Council and for addressing holidays;
providing for a severability clause; and providing for an effective date.
Earlier in the meeting, the item was held for presentation at staff s request.
The item was presented and no discussion followed.
There was no staff direction given. Staff to present formal action on January 28th along
with other proposed amendments to the City Council Rules of Procedure,
C. ID 19-2852 Consider adoption of an ordinance of the City of Denton, Texas to declare the
intent to reimburse capital program expenditures of the General Government ($33,455,000)
and Fleet Services ($2,900,OQ0) with Tax- Preferred Obligations (Certificates of Obligation
and General Obligation Bonds) with an aggregate maximum principal amount not to exceed
$36,355,000; and providing an effective date.
ASSIGNED ORDINANCE NO. 19-2852
The item was presented and discussion followed.
Council Member Meltzer moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
City of Denton City Council Minutes
January 14, 2020
Page 8
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor, and Meltzer
NAYS (0): None
D. ID 20-093 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 601-19, for the
purchase of nine {9) new refuse trucks for the Solid Waste Department; providing for the
expenditure of funds therefor; and providing an effective date (File 7232 - awarded to Rush
Truck Centers of Texas, LP, in the not-to-exceed amount af $2,514,946).
ASSIGNED ORDINANCE NO. 20-093
The item was presented and discussion follawed.
Council Member Ryan moved to approve the item as presented. Motion seconded by Mayor
Pro Tem Hudspeth. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor, and Meltzer
NAYS (0): None
E. ID 20-167 Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving a grant application from Scott Brown Properties, Inc. dba Scott Brown
Commercial, for 216 W. Oak St., from the Downtown Reinvestment Grant Program not to
exceed $12,500; and providing for an effective date. The Downtown Denton Tax Increment
Financing Reinvestment Zone No. One Board recommends approval (5-0). THIS ITEM HAS
BEEN PLACED ON THE AGENDA DUE TO A TIE VOTE AT THE JANUARY 7, 2020
CITY COUNCIL MEETING.
ASSIGNED ORDINANCE NO. 20-167
There was no presentation on the item as the item carried over under Council Rules of
Procedure, Sectian 2-29, (g)(5)(a}, due to a tie vote at the January 7�' Regular Meeting.
Discussion followed.
Council Member Armintor moved to adopt the item as presented. Motion seconded by
Council Member Briggs. Following discussion, Council Member Briggs withdrew her
second. Council Member Meltzer then seconded the motion.
Council Member Ryan moved to adopt/amend the item to provide for a grant amount of
$25,000. Amending motion was seconded by Council Member Briggs. Amendment carried.
AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
and, Ryan
NAYS (2): Council Members Armintor and Meltzer
City of Denton City Council Minutes
January 14, 2020
Page 9
F. ID 20-168 Consider adoption af an ordinance of the City Council of the City of Denton,
Texas, approving a grant application from Scott Brown Properties, Inc. dba Scott Brown
Commercial, for 211 and 215 N. Cedar St., from the Downtown Reinvestment Grant
Program not to exceed $12,500; and providing for an effective date. The Downtown Denton
Tax Increment Financing Reinvestment Zone No. One Board recommends approval (5-0).
THIS ITEM HAS BEEN PLACED ON THE AGENDA DUE TO A TIE VOTE AT TI-�
JANUARY 7, 2020 CITY COLTNCIL MEETING.
ASSIGNED ORDINANCE NO. 20-168
There was no presentation on the item as the item carried over under Council Rules of
Procedure, Section 2-29, (g)(5)(a), due to a tie vote at the January 7th Regular Meeting.
Following discussion, Council Member Ryan moved to adopt/amend the item to provide for
a grant amount of $25,000. Amending motion secanded by Council Member Davis.
Council Member Armintor moved a substitute motion to adopt the item as presented. Motion
died due to lack of a second.
Mayor Watts called the vote on Council Member Ryan's amending motion, seconded by
Council Member Davis, to adopt the item with a grant amount of $25,000. Amending motion
carried.
AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
and, Ryan
NAYS (2): Council Members Armintor and Meltzer
G. ID 20-077 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 Pastore
Houldswarth & Co., LLC, for the development of an Advanced Forecast Model for DME as
s�t forth in the eontra,ct; providing for the expenditure of funds therefor; and providing an
effective date {RFQ 7167 - awarded to Pastore Houldsworth & Co., LLC, for development
of an Advanced Forecast Model awarded for DME, in the three (3) year not-to-exceed
amount of $288,000).
ASSIGNED ORDINANCE NO. 20-077
The item was presented and no discussion followed.
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor, and Meltzer
NAYS (0): None
City of Denton City Council Minutes
January 14, 2020
Page 10
H. ID 20-102 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager ta execute a contract with CBS
Meehanical Services, Inc. dba CMS Mechanical Services, Inc., for the supply of plumbing
maintenance, repairs, and replacement services for various City buildings and any other areas
maintained by the Facilities Management Department; providing for the expenditure of funds
therefor; and providing an effective date (IFB 7229 - awarded to CBS Mechanical Services,
Inc. dba CMS Mechanical Services, Inc., for 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
$765,000).
ASSIGNED ORDINANCE 20-102
Mayor Watts had a conflict of interest on the item and left the Work Session Room.
Mayor Pro-Tem Hudspeth presided over the item.
The item was presented and discussion followed.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
AYES (6): Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor,
and Meltzer
NAYS (0): None
ABSTAIN (1): Mayor Watts
I. ID 20-103 Consider adoption of an ordinance of the City of l�enton, a Texas home-rule
municipal corporatian, authorizing the City Manager to execute a contract with CBS
Mechanical Services, Inc. dba CMS Mechanical Services, Inc., for the supply of electrical
maintenance, repairs, and replacement services for various City buildings and any other areas
maintained by the Facilities Management Department; providing for the expenditure of funds
therefor; and providing an effective date (IFB 7230 - awarded to CBS Mechanical Services,
Inc. dba CMS Mechanical Services, Inc., 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
$450,000).
ASSIGNED ORDINANCE NO. 20-103
Mayor Watts had a conflict of interest on the item and left the Work Session Room.
Mayor Pro-Tem Hudspeth presided over the item.
The item was presented and discussion followed.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Davis. Motion carried.
City of Denton City Council Minutes
January 14, 2020
Page 11
AYES (6): Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor,
and Meltzer
NAYS (0): None
ABSTAIN (1): Mayor Watts
3. CONCLUDING ITEMS
Council Members expressed items of interest.
't� �z further busine �, the meeting was adjourned at 8;�� p.m.
._�.......... _. _� ��"����_� � ���� _. ��.
C''�I. ''�v' TTS ROSA RIOS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
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