January 28, 2020 Minutes CITY OF DENTON CITY COUNCIL MINUTES
January 28, 2020
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, January 28, 2020 at 11:02 a.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, Deb Armintor, and Paul Meltzer
ABSENT: Council Member John Ryan
Also present were Deputy City Manager Mario Canizares and City Attorney Aaron Leal
WORK SESSION
1. Citizen Comments on Consent Agenda Items
None.
2. Requests for clarification of agenda items listed on this agenda.
• Consent Item G (ID 19-2817) - As requested, staff provided clarification as to name
change and fees. (Briggs, Hudspeth)
• Consent item K(ID 20-192)-As requested, staff provided clarification as to gas flaring.
(Briggs)
• Consent Item R(ID 20-247) -Pulled for individual consideration. (Briggs)
• Consent Item P (ID 20-201) -Pulled for individual consideration. (Meltzer)
• Consent Item B (ID 19-2863) -Pulled for individual consideration. (Hudspeth)
• Individual Consideration Item 2.B (Item 20-078) - Mayor Watts advised that per staff,
the item would not be considered.
3. Work Session Reports
A. ID 20-003 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for:
(1) Monument to Women's Interracial Fellowship; and
(2) Municipal broadband.
The item was presented and discussion followed.
Following discussion, results were as follows:
• Item 1 -Monument to Women's Interracial Fellowship (Meltzer)
o Consensus to discuss at a future work session.
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January 28,2020
Page 2
• Item 2 -Municipal Broadband (Briggs)
o Consensus to discuss at a future work session.
The meeting was recessed for a short break at 11:24 a.in. and reconvened at 11:30 a.in.
B. ID 19-2884 Receive a report, hold a discussion, and give staff direction regarding the 2020
Denton Mobility Plan Update, with a focus on the northern area of the city.
The item was presented and discussion followed.
Following discussion, staff was directed to proceed with the proposed updates to the
Thoroughfare, Bicycle, and Pedestrian Plans as outlined in the presentation(maps).
The meeting was recessed for a short break at 12:50 p.m. and reconvened at 12:57 p.m.
C. ID 20-184 Receive a report, hold a discussion, and give staff direction regarding updating
the existing 'Denton Municipal Electric -Energy Risk Management Policy."
The item was presented and discussion followed.
Following discussion, staff was directed to proceed with updating the policy to present at a
future work session.
D. ID 20-227 Receive a report, hold a discussion, and give staff direction regarding the
possibility of Thriving Earth Exchange providing a pro bono scientific study regarding the
safety of gas well setbacks and reverse setback distances.
The item was presented and discussion followed.
The item was presented as a follow up to the December 10, 2019 Council Member Request
ID 19-2257, Item 2.
Following discussion, there was no direction provided as additional follow-up on the issue
would be done by the requesting council member.
The Work Session ended at 1:40 p.m.
CLOSED MEETING-NOT HELD
1. The Closed Meeting was not held. Therefore, there was no deliberation of the following
items:
A. ID 20-185 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys-Under Texas
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January 28,2020
Page 3
Government Code, Section 551.071. Receive a presentation from staff regarding public
power competitive and financial matters about the risks of wholesale energy supply and risk
management plans and strategies as each relates to the electric power and gas portfolio;
discuss, deliberate, and provide direction to staff regarding the same. Consultation with the
City's attorneys regarding legal issues associated with the above matters where a public
discussion of these legal matters would conflict with the duty of the City's attorneys to the
City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position
in any administrative proceeding or potential litigation.
NOT DELIBERATED
B. ID 20-223 Deliberations regarding Real Property - Under Texas Government Code Section
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 located at 909 North Loop
288,in the City of Denton,Denton County, Texas, where the deliberation of same in an open
meeting would have a detrimental effect on the position of the governmental body in
negotiations with a third person. 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 with the duty
of the City's attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize
the City's legal position in negotiations or potential litigation.
NOT DELIBERATED; RESCHEDULED FOR FEBRUARY 4tn
C. ID 20-271 Consultation with Attorneys - Under Texas Government Code Section 551.071
Consult with and provide direction to City's attorneys regarding legal issues and strategies
associated with changes to Subchapters 1, 6, and 8 of the Denton Development Code relating
to applicability, gas well drilling, and production reverse setbacks, definitions, and
procedures;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 City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
NOT DELIBERATED; RESCHEDULED FOR FEBRUARY 4tn
D. ID 20-272 Consultation with Attorneys - Under Texas Government Code Section 551.071
Consult with the City's attorneys on the status, strategy, funding, and potential resolution of
litigation 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
public discussion of these legal matters would conflict with the duty of the City's attorneys
to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Profession Conduct of the State Bar of Texas, or otherwise compromise the City's legal
position in pending litigation.
NOT DELIBERATED
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January 28,2020
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, January 28, 2020, at 1:40 p.m. in the Work
Session Room at City Hall, 215 E. McKinney Street,Denton, Texas.
PRESENT: Mayor Chris Watts,Mayor Pro Tern Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were Deputy City Manager Mario Canizares and City Attorney Aaron Leal
1. CONSENT AGENDA
The consent agenda consisted of Items 1.A-S. During the Work Session held earlier in the day,
Item LB(ID 19-2863)was pulled for individual consideration by Mayor Pro Tern Hudspeth. Item
LP (ID 20-201) was pulled for individual consideration by Council Member Meltzer. Item LR
(ID 20-247) was pulled for individual consideration by Council Member Briggs.
Council Member Meltzer moved to adopt the Consent Agenda, now consisting of items 1.A, 1.C-
0, LQ, and 1.S. Motion seconded by Council Member Briggs.
AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Armintor, and Meltzer
NAYS (0): None
ABSENT WHEN VOTE TAKEN(1): Council Member Ryan
A. ID 19-2862 Consider adoption 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 (g)(5) (majority vote required) amending procedures for matters ending in a tie-
vote; providing for a severability clause; and providing for an effective date.
ASSIGNED ORDINANCE NO. 19-2862
C. ID 19-2864 Consider adoption of an ordinance of the City of Denton amending the City of
Denton Code of Ordinances (Code) Section 2-29(f)(4) (City Council Rules of Procedure)
subsection(4)(Presentations from Members of the Public)allowing up to seven(7)members
of the public to address the body through any combination of prior registration and open
microphone presentations; providing for a severability clause; and providing for an effective
date.
ASSIGNED ORDINANCE NO. 19-2864
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D. ID 19-2865 Consider adoption 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 (h) (creation of committees, boards, and commissions) requiring boards,
commissions, and committees to establish a regular meeting schedule; providing for a
severability clause; and providing for an effective date.
ASSIGNED ORDINANCE NO. 19-2865
E. ID 19-2866 Consider adoption of an ordinance of the City of Denton amending the City of
Denton Code of Ordinances (Code) Section 2-83 (c) to revise the absences provision for
board, commission, and committees by establishing procedures and definitions to determine
if an absence is excused or unexcused; providing for a severability clause; and providing for
an effective date.
ASSIGNED ORDINANCE NO. 19-2866
F. ID 20-229 Consider adoption 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.
ASSIGNED ORDINANCE NO. 20-229
G. ID 19-2817 Consider approval of a resolution of the City Council of the City of Denton
authorizing and designating representatives of the City to act as custodian of the investment
of public funds in the Texas local government investment pool ("Texpool"); delegating
authority to invest funds and act as custodian of investments purchased with local investment
funds to TexPool; authorizing the Mayor to execute a resolution amending authorized
representatives; and providing for an effective date.
ASSIGNED RESOLUTION NO. 19-2817
H. ID 20-112 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 SSP
Innovations, LLC, for the aid of Denton Municipal Electric (DME)'s Operation Technology
and related software systems, which is the sole provider of this software, in accordance with
Texas Local Government Code 252.022, which provides that procurement of commodities
and services that are available from one source are exempt from competitive bidding, and if
over$50,000 shall be awarded by the governing body; and providing an effective date (File
7210 - awarded to SSP Innovations, LLC, in the five (5) year not-to-exceed amount of
$2,000,000). The Public Utilities Board recommends approval(6 - 0).
ASSIGNED ORDINANCE NO. 20-112
I. ID 20-147 Consider approval of the minutes of January 7, January 14, and January 23, 2020.
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January 28,2020
Page 6
J. ID 20-189 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
with Altec Industries,Inc.through the Sourcewell Cooperative Purchasing Network Contract
Number 012418-ALT, for the acquisition of one (1) Altec model AT41M Articulating
Telescopic Aerial truck for the Electric Substations Department; authorizing the expenditure
of funds therefor; and declaring an effective date (File 7258 - awarded to Altec Industries,
Inc., in the not-to-exceed amount of $151,867). The Public Utilities Board recommends
approval (6 - 0).
ASSIGNED ORDINANCE NO. 20-189
K. ID 20-192 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 Stearns, Conrad and Schmidt, Consulting Engineers, Inc. (dba SCS
Engineers), for the installation of 12 vertical gas wells, 8"gas header piping and 6"gas lateral
piping for the Solid Waste Landfill Division as set forth in the contract; providing for the
expenditure of funds therefor; and providing an effective date(RFQ 7109-002-Professional
Services Agreement for the installation of 12 vertical gas wells, 8" gas header piping and 6"
gas lateral piping for the Solid Waste Landfill Division awarded to Stearns, Conrad and
Schmidt, Consulting Engineers, Inc. (dba SCS Engineers), in the not-to-exceed amount of
$237,654).
ASSIGNED ORDINANCE NO. 20-192
L. ID 20-193 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 Solutient Geosciences, Inc., for landfill hydrogeological consulting and
analytical services regarding the City's Landfill monitoring and reporting requirements as
set forth in the contract; providing for the expenditure of funds therefor; and providing an
effective date(File 7109-005 -Professional Services Agreement for consulting and analytical
services awarded to Solutient Geosciences, Inc., in the not-to-exceed amount of$321,415).
ASSIGNED ORDINANCE NO. 20-193
M. ID 20-196 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 an
Interlocal Cooperative Purchasing Program Agreement with the Department of Information
Resources (DIR) Cooperative Purchasing Network, under the Texas Government Code,
Chapter 252,271, and 791, to authorize City of Denton contracts for the purchase of various
goods and services; authorizing the expenditure of funds therefor; and declaring an effective
date (File 7079 - Interlocal Cooperative Purchasing Agreement with the Department of
Information Resources).
ASSIGNED ORDINANCE NO. 20-196
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January 28,2020
Page 7
N. ID 20-197 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 an
Interlocal Cooperative Purchasing Program Agreement with Sourcewell, under the Texas
Government Code Chapters 252, 271, and 791,to authorize City of Denton contracts for the
purchase of various goods and services; authorizing the expenditure of funds therefor; and
declaring an effective date (File 7080 - Interlocal Cooperative Purchasing Agreement with
Sourcewell).
ASSIGNED ORDINANCE NO. 20-197
O. ID 20-200 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 Midwest
Tape LLC, for the purchase of digital content through the hoopla service for the Library,
which is the sole provider of this software, in accordance with Texas Local Government
Code 252.022, which provides that procurement of commodities and services that are
available from one source are exempt from competitive bidding, and if over$50,000 shall be
awarded by the governing body; and providing an effective date (File 7216 - awarded to
Midwest Tape LLC, in the three(3)year not-to-exceed amount of$227,000).
ASSIGNED ORDINANCE NO. 20-200
Q. ID 20-202 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to utilize a contract
through the North Central Texas Council of Governments (NCTCOG), Contract #NCT-
2016-14, for pavement analysis services; providing the expenditure of funds therefor; and
providing an effective date(File 7224-awarded to IMS Infrastructure Management Services,
LLC, in the not-to-exceed amount of$422,186,05).
ASSIGNED ORDINANCE NO. 20-202
S. ID 20-267 Consider approval of a resolution confirming the City of Denton's priorities for
TxDOT on-system corridor projects to the Dallas Regional Mobility Coalition;and providing
for an effective date.
ASSIGNED RESOLUTION NO. 20-267
The meeting was recessed for a short break at 1:42 p.m. and reconvened at 1:50 p.m.
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
B. ID 19-2863 Consider adoption of an ordinance of the City of Denton to amend the City of
Denton Code of Ordinances (Code) section 2-29(f)(4)(d)(City Council Rules of Procedure)
related to public hearings by allowing speakers who have previously provided input the
opportunity to provide a rebuttal after hearing the applicant's rebuttal; providing for a
severability clause; and providing for an effective date.
ASSIGNED ORDINANCE NO. 19-2863
Pulled for Individual Consideration by Mayor Pro Tem Hudspeth
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January 28,2020
Page 8
There was no presentation or discussion on the item.
Council Member Davis moved to approve the item as presented. Motion seconded by
Council Member Briggs. Motion carried.
AYES (5): Mayor Watts and Council Members Briggs, Davis, Armintor, and Meltzer
NAYS (1): Mayor Pro Tern Hudspeth
ABSENT WHEN VOTE TAKEN(1): Council Member Ryan
P. ID 20-201 Consider approval of a resolution revising the City of Denton Employee Ethics
Policy, reference number 10.00, within the City of Denton Personnel Policies and
Procedures; and providing an effective date.
Pulled for Individual Consideration by Council Member Meltzer.
The presentation was made and discussion followed.
At staff s request and per consensus of the City Council, consideration of the item was
postponed to a future date to allow additional changes to the policy as discussed.
R. ID 20-247 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of the first amendment to a Professional
Services Agreement between the City of Denton and Lloyd Gosselink Rochelle&Townsend,
P.C., amending the contract approved by City Council on January 10, 2017, in the not-to-
exceed amount of$715,000, to provide for services related to the permitting of the proposed
expansion of the City's Landfill and for general environmental legal services said first
amendment to extend the term of the Professional Services Agreement to July 10, 2021; and
providing an effective date(PSA 6288-extending a contract with Lloyd Gosselink Rochelle
& Townsend, P.C., to July 10, 2021).
Pulled for Individual Consideration by Council Member Briggs.
The item was held to later in the meeting to allow Council Member Ryan to arrive.
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 20-041 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-
rule municipal corporation, authorizing the City Manager to execute a public works contract
with Archer Western Construction,LLC, for the construction of the Hickory Creek Detention
Facility and Pecan Creek West Peak Flow Pump Station for the Wastewater Department;
providing for the expenditure of funds therefor; and providing an effective date(RFP 7061 -
awarded to Archer Western Construction, LLC, in the not-to-exceed amount of
$14,458,000). The Public Utilities Board recommends approval(5 - 0).
ASSIGNED ORDINANCE NO. 20-041
The item was presented and discussion followed.
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Page 9
Mayor Pro Tem. Hudspeth moved to approve the item as presented. Motion seconded by
Council Member Briggs. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis,
Armintor, and Meltzer
NAYS (0): None
ABSENT WHEN VOTE TAKEN(1): Council Member Ryan
B. ID 20-078 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 Wartsila
North America, Inc., for the purchase of major overhaul parts for the electric generating
equipment at the Denton Energy Center, which is the sole provider of this equipment, in
accordance with Texas Local Government Code 252.022, which provides that procurement
of commodities and services that are available from one source are exempt from competitive
bidding, and if over $50,000 shall be awarded by the governing body; and providing an
effective date (File 7246 - awarded to Wartsila North America, Inc., in the not-to-exceed
amount of$2,028,967.43).
As announced during the Work Session held earlier in the day, the item was pulled from
consideration by Mayor Watts.
C. ID 20-079 Consider adoption of an ordinance of the City of Denton prohibiting on-street
parking along Hinkle Drive between University Drive (US 380) and Windsor Drive;
providing a repealer clause;providing a savings clause;providing for a penalty not to exceed
$500 for violations of this ordinance; providing that violations of this ordinance shall be
governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for
an effective date. The Traffic Safety Commission recommends approval by vote of 5-1.
ASSIGNED ORDINANCE NO. 20-079
The item was presented and discussion followed.
Council Member Ryan arrived at 2:15 p. in.
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Davis. 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 Cite Council Minutes
January 28,2020
Page 10
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION- CONTINUED
R. ID 20-247 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of the first amendment to a Professional
Services Agreement between the City of Denton and Lloyd Gosselink Rochelle&Townsend,
P.C., amending the contract approved by City Council on January 10, 2017, in the not-to-
exceed amount of$715,000, to provide for services related to the permitting of the proposed
expansion of the City's Landfill and for general environmental legal services said first
amendment to extend the term of the Professional Services Agreement to July 10, 2021; and
providing an effective date(PSA 6288-extending a contract with Lloyd Gosselink Rochelle
& Townsend, P.C., to July 10, 2021).
ASSIGNED ORDINANCE NO. 20-247
Earlier in the meeting, the item was held to later in the meeting to allow Council Member
Ryan to arrive. The item returned for consideration at this time.
The item was presented and discussion followed.
Mayor Pro Tern Hudspeth 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
ITEMS FOR INDIVIDUAL CONSIDERATION - CONTINUED
D. ID 20-080 Consider adoption of an ordinance of the City of Denton prohibiting on-street
parking on the south side of East Windsor Drive from Glenwood Lane to Hanover Drive
between 7 AM and 4 PM; providing a repealer clause; providing a savings clause; providing
for a penalty not to exceed $500 for violations of this ordinance; providing that violations of
this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of
Denton; and providing for an effective date. Traffic Safety Commission recommends 5-0.
Council Member Davis had a conflict of interest and left the Work Session Room.
The item was presented and discussion followed.
At staff s request and per consensus of the City Council, consideration of the item was
postponed to the February 1 I'meeting.
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January 28,2020
Page 11
E. ID 20-198 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
with Genuine Parts Company, DBA NAPA Auto Parts through the Sourcewell Cooperative
Purchasing Network Contract Number 061015-GPC, for the purchase of products and
services for the on-site parts facility for Fleet Services; authorizing the expenditure of funds
therefor; and declaring an effective date (File 7136 - awarded to Genuine Parts Company,
DBA NAPA Auto Parts, in the five (5) year not-to-exceed amount of$20,000,000).
ASSIGNED ORDINANCE NO. 20-198
The item was presented and discussion followed.
Mayor Pro Tem. Hudspeth moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor, and Meltzer
NAYS (0): None
F. ID 20-199 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or his designee, to utilize a contract
through National Intergovernmental Purchasing Alliance Company dba OMNIA Partners,
Public Sector, for the purchase of motor vehicle fuels for use by all City departments, as
awarded by the City of Fort Worth Contract #53316; and providing an effective date (File
7251 - awarded to Martin Eagle Oil Company, 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
$16,000,000).
ASSIGNED ORDINANCE NO. 20-199
The item was presented and 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 Tern Hudspeth and Council Members Briggs, Davis,
Ryan, Armintor, and Meltzer
NAYS (0): None
G. ID 20-249 Consider approval of a resolution of the City of Denton, a Texas home-rule
municipal corporation, allowing the City to recognize all of the Renewable Energy Credits
associated with the electric power purchased by the City from the Whitetail Wind Turbine
Electric Generation Facility to enable the City to accurately determine the percentage of
electric power it has received that was generated exclusively from renewable resources.
ASSIGNED ORDINANCE NO. 20-249
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January 28,2020
Page 12
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 (5): Mayor Watts and Council Members Briggs, Davis, Ryan, and Meltzer
NAYS (1): Council Member Armintor
ABSENT WHEN VOTE TAKEN(1): Mayor Pro Tern Hudspeth
H. ID 19-2620 Consider nominations/appointments to the City's Boards, Commissions, and
Committees: Community Development Advisory Committee.
The item was not presented or discussed.
Council Member Meltzer moved to appoint the following as noted:
COUNCIL NOMINATING MEMBER MEMBER STATUS&
BOARDICOMMITTEECOMMISSION PLACE CCM FIRST NAME LAST NAME PRESENT TERM NEW TERM QUALIFICATION OR
PREFERENCE,IF ANY
September 1,2019
HOLDOVER Reappointment
CommunitV Development Advisory Committee 6 Meltzer Francine Witte 201320n through
August 31 2021
Motion seconded by Council Member Briggs. Motion carried.
AYES (6): Mayor Watts and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Mayor Pro Tern Hudspeth
3. CONCLUDING ITEMS
Council Members expressed items of interest.
The Special Called Meeting ended at 3:33 p.m.
SPECIAL CALLED MEETING- EVENING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Meeting on Tuesday, January 28, 2020, at 6:31 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Chris Watts,Mayor Pro Tern Gerard Hudspeth and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were Deputy City Manager Mario Canizares and City Attorney Aaron Leal
City of Denton City Council Minutes
January 28,2020
Page 13
1. PUBLIC HEARING
A. DCA19-0009e Hold a public hearing, provide overview and background, and reconsider the
November 19, 2019, adoption of an ordinance of the City of Denton, Texas, amending
Subchapters 1, 6, and 8 of the Denton Development Code, relating to applicability, gas well
drilling and production reverse setbacks, definitions, and procedures;providing a cumulative
clause; providing a severability clause; providing for a penalty; and providing an effective
date. (DCA19-0009e, Gas Wells, Hayley Zagurski)
ASSIGNED ORDINANCE NO. DCA19-0009e
The item was presented and discussion followed.
Mayor Watts reviewed the public hearing process, noted the white speaker cards submitted
represented those individuals that desired to have their position on the record but did not
want to speak, and that the information would be entered into the record.
With the public hearing opened, the following spoke on the item:
• Cindy Pritchett, 1705 Palo Verde Drive -introduced and presented the credentials of
her brother, Marcus Pritchett, who would speak on her behalf
• Marcus Pritchett, 1705 Palo Verde Drive - in opposition to current requirements but
in favor of adopting Option 4A as presented by staff
• Joyce Pool, 3021 N. Bonnie Brae-requested her property be grandfathered and none
provided in status of non-conforming now or in the future
• Dennis Howard, 1933 Willowcrest Loop-property within 500 ft. reverse setback; in
opposition of increasing reverse setback and property be grandfathered
• Tanya Ray, 3320 Groveland Terrace - in opposition of a gas well reverse setback
• Arthur Townsend, 1600 Palo Verde Drive - on incorrect statement on who received
notice and effect of requirements to his property; opposed to requirements
The meeting was recessed for a short break at 7:45 p.m. and reconvened at 7:55 p.m.
The public hearing continued with the following speakers:
• Joseph Kratz, 4109 Roxbury Street -in opposition of the non-conforming status City
needs to decide what Denton really is
• Ila Leck, 3401 Ocean Drive - in support of Option 4A
• John Miller, 1605 Palo Verde Drive-in opposition to any properties being made non-
confirming
• Eric Fullerton, 3015 N. Bonnie Brae - in favor of Option 4A but better to get rid of
the reverse setback
• Michael Spear, 6712 Lippizan Drive - in favor of Option 4A but nothing that results
in non-conforming standards
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January 28,2020
Page 14
• Pat Brown, 2900 Siena Drive and 2724 Claydon - in favor of the 4A proposed
amendment and grandfathering properties
• Tobie Carcanio, 4115 Hampton Road - in favor of the reconsideration and take into
consideration the affected families
• Tracy Runnels, 7000 Chaucer Drive - on differences between mapping depicting
setbacks to property lines
• Mark Samuels,6600 Lippizan Drive-on confusion of why setbacks are being moved;
concerns on affect to property
• Leah Cook, 1905 1905 Wisteria- expressed concerns on proposed setbacks
• David Lehole, 5816 W. Plano Parkway, Plano - representing individuals and
expressed concerns on impact imposed within the 500 foot range; opposed
• Joseph Smoglia, 3220 Tamarack Lane, Argyle - in support of the proposed changes
• Troy Bassham, 1905 Nob Hill Court-on concern about distance of his property from
a gas well; unhappy about the postcard received; health risks
• Eric Foster, 2300 Windhaven Drive - in opposition to being designated in a non-
conforming status; in support of Option 4A and offering grandfathered status
• Maria Herrera, 4700 Shagbark Drive, Argyle - on not understanding the information
on postcard; consider affect to property owners when making the decision
• Pedro Martinez, 4024 Hialeah Drive - on affect the setbacks have on value to home;
asked to have property grandfathered
• John Brown, 3232 Tamarack Lane-in opposition to implementing setbacks; in favor
of Option 4A if the 50% damage criteria is removed
• Bill Campbell, 3640 Tuscan Hills Circle - on basing an ordinance on facts; research
showed in last 18 years only one fire due to a gas well with cause being it was hit by
lightning; in opposition to changing existing setbacks
• Jodi Ismael, 819 Anna Street- in favor of Option 4A
• Ivan Tamez, 2412 Windhaven Drive - in favor of Option 4A if he can still sell his
home and not have the issue hanging over his head
• Joe Klesch, 1916 Pavilion Lane - not in favor of any action that will require
homeowners to go to Planning&Zoning for a variance
• Lynn Hamilton, 1908 Nob Hill Court - on concerns with permits being issued with
non-conforming standards in place
The meeting was recessed for a short break at 9:16 p.m. and reconvened at 9:28 p.m.
The public hearing continued with the following speakers:
• Kristi Lawler, 328 Red Fox Lane -gave time to Andrew Sullivan, 4212 Stone Trail
Drive, to speak on her behalf- in opposition to changing established setbacks
• Judy Thompson, 9827 Fort Worth Drive, Argyle - negative affect of setbacks to her
property and inability to ever sell her property; affected properties should be
grandfathered
• Michael Fiveash-Guthrie, 2471 Hickory Creek Road - on not hearing yet why this is
being done and negative affect to his neighbor; upcoming elections
City of Denton City Council Minutes
January 28,2020
Page 15
• Greg Johnson (representing Randy Sorrells, Stephen Shannon, and Jack Smith), 319
W. Oak- on criteria needed for approval and that criteria not being in place; options
in order to get a variance from the Zoning Board of Adjustment
• Jacee Kiefer, 1824 S. Bonnie Brae Street- effect of changes on family property
• Robert Garfat, 3316 Tamarack Lane - not in agreement with any proposed changes,
negatively affects his family now and in the future; consider grandfathering
• Robbie Burns, 1710 Sam Bass Boulevard - representing individuals that fall within
the non-conforming setbacks; ask Council to do the right thing
• Darrell Stubblefield, 25 Highview Circle-on not in agreement on inability to rebuild
if property destroyed more than 50%
• Jennifer Lane, 1526 Willowwood Street-on role of Zoning Board of Adjustment and
it not meeting to perhaps offer a position on the issue; speaking as a citizen
• Jonathan Waite, 840 Branch Crossing, Lantana - annexed and issue not being
addressed
• Michael Geiser, 416 Sanders Road - on not having made aware of the issue had the
item not been reconsidered; issue negatively affecting his property
• Mason Decker, 6512 Ridalsa Court - on future being affected in the City; statements
on not understanding the issue and decisions being made
• Stuart Belchem, 4312 Poppy Valley Lane - not in favor of the changes; requested
house be grandfathered in
• Nick Hooks, 4100 Fanita Place - effects of the requirements; property taxes raised
but property not worth anything
As stated earlier by Mayor Watts, the following individuals submitted white speaker cards
and requested their information and position be entered into the record:
• Brenda Abble, 2434 Tom Cole Road - in opposition, please do not change current
regulations
• Lindsay Phillips, 3408 Ocean Drive- in opposition
• Kristen Bryce, 3409 Ocean Drive - in opposition
• Stuart Belchem, 4312 Poppy Valley Lane- in opposition
• Denise Childers, 3907 Hampton Road-in opposition
• Michael Childs, 3907 Hampton Road -in opposition
• Mark Gale, 3 513 Ocean Drive - in support of Option 4
• Jennifer Gale, 3513 Ocean Drive - in support of Option 4
• Jeff and Sabrina Trevino, 6512 Wellston Lane-in opposition
• Bryan Foster, 605 Early Dawn Trail - no position noted
• Clinton Lack, 3401 Ocean Drive - in opposition
• Deborah Ingram, 3328 Hornbeam Street,Argyle-in opposition but in favor of Option
4
• David Gregory, 329 Red Fox-in opposition and grandfather clause needs to be added
• Brian Solomon, 8105 Seven Oaks Lane- in opposition
• Brian Bonkowski, 3234 Red Fox Lane - in opposition
City of Denton City Council Minutes
January 28,2020
Page 16
• Cindy Bonskowski, 4325 Hidden Meadow Trail -in support of Option A and keeping
affected properties in conforming status
• Larry Beck,2301 Paxton Way-in support of City Council's earlier decision to update
reverse setbacks to 500 feet
• Carol Soph, 1620 Victoria Drive -in support of Option 4
• Ed Soph, 1620 Victoria Drive- in support of Option 4 with 500 ft. reverse setback
• Daiel Krall and Jamie Duet, 2732 Westglen Drive - in opposition; support 500 foot
setback
• Lee Anne Smith, 2313 Hickory Creek Road -in opposition
• Lewis Smith, 2313 Hickory Creek Road - in opposition
• Clint McCoy, 4109 Aqueduct Drive- in opposition
• Anne Foster, 4201 Aqueduct Drive- in opposition
• John Foster, 4201 Aqueduct Drive- in opposition
• Stephen Sutherland, 3309 Ocean Drive - in opposition and in support of Option 4
• Michael Hennen, 724 Thomas Street -in opposition
• Dick Smith, 721 W. Hobson-in opposition
• Rachel and Dave Miller, 3309 Buckthorn Lane, Argyle - in opposition
• Milse Haganen, 2721 Clarendon - in opposition
• Stephanie Kidd, 1908 Fairmont Park Drive- in opposition
• Chris Day, 1908 Fairmont Park Drive - in opposition
• Kent Key, 3100 Triple Crown Court-in opposition
• Connie Donahue, 2112 Fairmount Park Drive - in opposition
• Austin Baker, 3108 Triple Crown Court -in opposition
• Bryan and Gail Solomon, 2312 Lighthouse Drive - in opposition to Options 1, 2 and
3; in support of Option 4
• Richard Portales, 1912 Belmont Park Drive - in opposition
• Theresa Portales, 1912 Belmont Park Drive- in opposition
• Matthew and Carinda Bourbon, 1509 Val Verde Court -in opposition and all homes
within 500 feet need to be grandfathered
• W. L. Schenck Jr., 14 Timbergreen- in support
• Chase Stewart, 1917 Willowcrest Loop- in opposition
• Mark Shawhart, 4000 Hialeah-in opposition
• Mary Shawhart, 4000 Hialeah-in opposition
• Li Yunxiang, 3905 Luck Hole Drive - in opposition
• Diana Oldham, 2316 Windhaven Drive- in opposition
• Caymen Keen, 2308 Windhaven Drive - in opposition
• Matt Cairns, 1805 Cordero Court-in opposition
• Robin Cairns, 1805 Cordero Court- in opposition
• Edward and Ramona Ingram, 1701 Pine Hills Lane - in opposition
• John L. Smith, 3309 N. Bonnie Brae - in opposition
• Ron and Donna Biggs, 4117 Aqueduct Drive-in opposition to Options 1, 2 and 3/in
support of Option 4
City of Denton City Council Minutes
January 28,2020
Page 17
• Leonard Ament,4113 Aqueduct Drive-in opposition to Options 1,2 and 3/in support
of Option 4
• Rhonda Love, 1921 Hollyhill Lane - in support
• James Beasley, 2720 Westglen- in support
• Yudmila and Jorge Hernandez, 3621 Andalolian Drive- in opposition
• Samson Ansole, 2804 Paddock Way- in opposition
• Karla Kay, 840 Branch Crossing - in support
• Andrew Sullivan, 4212 Stone Trail Drive - in opposition
• Taylor Ross, 316 Lemonmint Circle - in opposition
• Leah Strittmatter, 2733 Cloydon Drive- in opposition
• Peighton Hasbini, 4016 Hialeah Drive - in opposition; city cannot penalize homes
within 250-500 feet
• Ryan Hasbini, 4016 Hialeah Drive-in opposition, in support of Option A4
• Erin Watt, 4112 Stonetrail Drive - in support, in support of Option A4
• Cara Sammons, 2309 Windhaven Drive - in opposition
• Delores Barnes, 2729 Claydon Drive- in opposition
• Daniel Speelman, 3410 Lipizzan Drive-in opposition
• Michael Kent, 2800 Westglen - in opposition
• Gina Smith, 1805 Palo Verde Drive - in opposition
• David Dregelia, 2812 Westglen Drive - in opposition and needs full value of home if
item passes
• David Martinez, 2209 Windhaven Drive- in opposition
• Catherine Rorick, 2804 Westglen Drive - in opposition
• John Strittmatter, 2733 Claydon Drive - in opposition
• Dimitri Bennett, 2804 Westglen Drive - in opposition
• Sarah Ross, 316 Lemonmint Lane - in opposition
• Linda Westermann, 2104 Belmont Park Drive - in opposition
• Roger Little, 2816 Westglen Drive- in opposition
• Nathan Tune, 3717 Merrimack Drive- in opposition
• Linda Gaines, 7304 Chaucer Drive- in opposition
• Duane Gaines, 7304 Chaucer Drive - in opposition
• Ann Higgins, 3212 Groveland Terrace- in opposition
• Karen Mazurkewicz, 3212 Groveland Terrace - in opposition
• Noe DeLeon, 4012 Hialeah Drive - in opposition and home will need to be
grandfathered
• Naji Tabet, 8012 Winding Steam Lane- in opposition
• Tatiana Tabet, 8012 Winding Steam Lane - in opposition
• Jennifer Lassi, 1501 Palo Verde Drive - in opposition
• Mike Hagemar, 2721 Clarendon - in support of Option A4
• Larry Davis, 4320 Poppy Valley Lane - in opposition
• Pamela Gipson, 3304 Groveland Terrace-in opposition
• Stephanie Martin-Brown, 3404 Ocean Drive- in opposition
City of Denton City Council Minutes
January 28,2020
Page 18
• Jimmie Ky Brown, 3404 Ocean Drive - in opposition
• Lior Fishman, 1613 Palo Verde Drive - in support
• Steve Hedrick, 1916 Hollister Lane - in opposition
• Debra Hedrick, 1916 Hollister Lane- in opposition
• Allan and Arlene Dluski, 3405 Lighthouse Drive -in support of Option 3
• Carol Ackerman, 1913 Nob Hill Court - in opposition, in support of Option A4
• Sean Williams, 1904 Nob Hill Court-in support of Option 4
• Darlene Guillory, 3908 San Lorenzo Drive - in support of Option 4
• Magnus Lassi, 1501 Palo Verde Drive- in support
• Joshua Johnson, 325 Red Fox Lane - in opposition
• Marco Mirdes, 2922 Lipizzan Court- in opposition, only will support A4
• Chris Martin, 4324 Poppy Valley Lane - in support of Option A4
• Justin Rothenberg, 1513 Palo Verde Drive - in opposition, will only support Option
A4
• Glenn Highland, 22081 N. Masch Branch Road - in opposition, control point is
drilling permit
• Natalie Eisen, 401 Goldfinch Road-in opposition
• Kyle Eisen, 401 Goldfinch Road -in opposition
• Jennifer Glass, 4316 Poppy Valley Lane- in support of Option A4
• Stuart and Shannon Robertson, 3328 Tamarack Lane - in opposition and not in
support of increasing to greater than 500 feet
• Erika Kephart, 4216 Stonetrail Drive -in support of Option A4
• Ramona Davis, 1927 Willowcrest Loop- in opposition
• Don Roger Davis, 1927 Willowcrest Loop-in opposition
• James Carr, 1526 Willowwood -in support of Option A2
• Jennifer Lane, 1526 Willowwood Street - in support of Option A2, ZBA meeting
should have not been canceled
• Ann Poston, 320 E. Mission Street-in opposition
• John Simon, 2713 Claydon Drive - in support of Option A4
• Trey Murphy, 1015 W. Highland Street, Apt. 4 - in opposition will only support
Option A4
• Michael Loneshore, 4020 Hialeah Drive -in opposition
• Clint Cash, 3004 Groveland - in opposition, nothing should be done
• MaryJo Costanzo, 2752 Skiline Drive- in opposition
• Cheryl McWilliams, 2765 Skivue Drive - in opposition
• Robert and Hannah Hollister, 3008 Groveland Terrace- in opposition
• Charlie Haynes, 405 W. Oak Street- in opposition, do not change the setbacks from
250 feet to 500 feet
• Karen Farmer, 2005 Hemingway Drive- in opposition
• Bob Ashley, 2309 Fairmound Park Drive - in support of Option A4
• William Mills, 2000 Belmont Park Drive - in support of Option A4
• Juan Salas, 7013 Livingston Drive - in opposition, do not increase to 500 feet
• Shanette Richins, 4300 Poppy Valley Lane - in opposition, supports Option A4
City of Denton City Council Minutes
January 28,2020
Page 19
• Brad Richins, 4300 Poppy Valley Lane - in opposition, supports Option A4
• Emma Simon, 2713 Claydon Drive- in opposition and who will be held responsible
for not informing buyers
• Casey Benchel, 1029 Springcreek Drive-in opposition, will only support Option A4
• Gary Madrigal, 2424 Hickory Creek Road - in opposition
• Jane Boyle-Candy Haven, 301 N. I-35E- in support of Option 4
• Jane Boyle, 1920 S. Locust Street- in support of Option 4
• Kim and Craig O'Rourke, 1908 Hollister Lane- in support of Option 4
• Stephen Fiorenza, 317 Sky Meadow Lane -in support of Option 4
• Sidney Hartz, 1710 Sam Bass Blvd, Apt. 1906 -in opposition
• David Adams, 1504 Palo Verde Drive - in opposition, will only support Option Al
or A4
• Michael and Christina Reedy, 3300 Tamarack Lane-in opposition, will only support
Option A4
• Joseph Lotz, 1709 Palo Verde Drive - in opposition
• Pamela Shutts, 1708 Palo Verde Drive- in opposition
• Rodney Shutts, 1708 Palo Verde Drive - in opposition.
With no other speakers coming forward,the public hearing was closed.
The meeting was recessed for a short break at 10:44 p.m. and reconvened at 10:52 p.m.
Discussion continued.
Mayor Pro Tem Hudspeth moved to deny the item. Motion seconded by Council Member
Ryan.
Discussion continued.
City Attorney Leal presented Option 5, consisting of correcting the non-conformities created
by Ordinance 2010-196 and reverting all to conforming and not increasing setbacks. This
option had as yet not been presented to City Council.
Following City Attorney Leal's explanation,Mayor Pro Tem Hudspeth withdrew his motion
to deny the item and Council Member Ryan withdrew his second.
Mayor Pro Tem Hudspeth moved to make all existing residential lots impacted and made
non-conforming by Ordinance 2010-196 be made conforming. Motion seconded by Council
Member Ryan.
Discussion continued.
City of Denton City Council Minutes
January 28,2020
Page 20
Council Member Meltzer moved to amend Mayor Pro Tem Hudspeth's motion by adding a
clause to extend the setback to 500 feet and not create any new non-conformities with the
increased setback. Motion seconded by Council Member Armintor.
Council Member Briggs offered a friendly amendment to Council Member Meltzer's motion
to add in the variance and relief procedures outlined in presentation which would approve
exhibits A4, B and C as presented.
City Attorney Leal clarified that the amendments would essentially be Option 4 as presented
in addition to Mayor Pro Tem Hudspeth's motion that all existing residential lots impacted
and made non-conforming by Ordinance 2010-196 be made conforming.
Discussion continued.
Council Members Meltzer and Armintor accepted Council Member Briggs' friendly
amendment. Motion carried.
AYES (4): Council Members Briggs, Davis, Armintor, and Meltzer
NAYS (3): Mayor Watts, Mayor Pro Tem Hudspeth, and Council Member Ryan
Mayor Watts called the vote on Mayor Pro Tem Hudspeth's motion that all existing
residential lots impacted and made non-conforming by Ordinance 2010-196 be made
conforming, and as amended by Council Member Meltzer's adopted amending motion as
noted above. Motion carried.
AYES (4): Council Members Briggs, Davis, Armintor, and Meltzer
NAYS (3): Mayor Watts, Mayor Pro Tem Hudspeth, and Council Member Ryan
With no further business, the meeting adjourned a 12:35 a.m. on Wednesday, January 29, 2020.
CHRIS WATTS ROSA RIOS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
MINUTES APPROVED ON: