March 03, 2020 Minutes CITY OF DENTON CITY COUNCIL MINUTES
March 3, 2020
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, March 3, 2020, at 12:02 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 Armintor, and Paul Meltzer
ABSENT: Council Member Jesse Davis
Also present were City Manager Todd Hileman 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 3.13 (ID 20-494) -As requested, staff provided clarification and confirmed
contract is not going to change the rate for customers. (Briggs)
• Consent Item 3.G (ID 20-498) - As requested, staff provided clarification regarding
upgrading technology and how it affects current processes. (Briggs)
3. Work Session Reports
A. ID 20-583 Receive a report, hold a discussion, and give staff direction regarding potential
National Electric Safety Code violations, and mitigation options, along the TMPA
transmission corridor that runs through the Windhaven residential subdivision within the
City of Denton.
The presentation was made and discussion followed.
Mayor Pro Tem.Hudspeth arrived at 12:07 p.m.
Mayor Watts allowed the following to speak on the item:
• Donald White, 5040 Split Rock Drive(affected property owner)—regarding what are
the options and advised of various issues he is facing and the impact to his property
Following discussion, staff was directed to provide Mr. White with staff contact information,
and proceed with the one pole option for presentation and final approval at a future meeting.
City of Denton City Council Minutes
March 3,2020
Page 2
B. ID 20-137 Receive a report, hold a discussion, and give staff direction regarding the 2020
Denton Mobility Plan Update,with a focus on the southern area of the city.
The presentation was made and discussion followed.
Following discussion, staff was directed to proceed with the next steps as outlined in the
Mobility Plan schedule, with proposed final presentation and approval to be presented in
April 2020.
C. ID 20-522 Receive a report,hold a discussion, and give staff direction regarding the City of
Denton's Tax Abatement and Incentives Policy.
The presentation was made and discussion followed.
Following discussion, staff was directed to proceed with the recommendations presented
which included addition of "average" to consideration of wages versus County wages;
application process, updated Qualified Census Tract map and header, and correction of
clerical errors for presentation and final approval at future meeting.
D. ID 20-486 Receive a report,hold a discussion, and give staff direction regarding a proposed
development fee grant program.
The presentation was made and discussion followed.
Following discussion, staff was directed to proceed with the Development Grant Fee
Program as presented for presentation and final approval at a future meeting.
E. ID 20-268 Receive a report, hold a discussion, and give staff direction regarding the
implementation of a$100 million General Obligation extendable commercial paper program.
The presentation was made and discussion followed.
Following discussion, staff was directed to proceed with Option 1 which included $100
million GO Extendable Commercial Paper program for presentation and final approval at a
future meeting.
F. ID 20-008 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for:
(1) Joining a lawsuit regarding franchise fees and small cells.
The presentation was made and discussion followed.
Following discussion, results were as follows:
• Item 1 —Joining a lawsuit regarding franchise fees and small cells (Briggs)
o Consensus to proceed with a future work session
The Work Session ended at 1:53 p.m.
City of Denton City Council Minutes
March 3,2020
Page 3
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 1:53 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A. ID 20-528 Consultation with Attorneys-Under Texas Governmental Code Section 551.071.
Consult with the City's attorneys on the status, strategy, funding, prospects for appeal, 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 or appeal.
DELIBERATED
B. ID 20-587 Deliberations regarding a Personnel Matter - Under Government Code, Section
551.074; and Consultation with Attorneys - Under Texas Government Code, Section
551.071. Deliberate and discuss the appointment,employment,evaluation,discipline,duties,
dismissal, complaints against, and contract of the Presiding Municipal Judge; consult with
the City's attorneys regarding legal issues associated with the above, where a public
discussion of the same would conflict with the duty of the City's attorneys to the City of
Denton and the 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.
DELIBERATED
The Closed Meeting started at 1:53 p.m. and ended at 3:17 p.m. No votes or actions were taken
during the Closed Meeting.
REGULAR MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Regular Meeting on Tuesday, March 3,2020,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 City Manager Todd Hileman and City Attorney Aaron Leal
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March 3,2020
Page 4
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
2. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Receive Scheduled Citizen Reports from Members of the Public.
1. ID 20-555 Lee Merritt, address not provided, regarding a request for a referendum
exploring the policies and procedures concerning law enforcement interaction with
people in crisis,particularly the police department's protocol for mental health issues -
PRESENTED
C. Additional Citizen Reports (Open Microphone)
• Sam Alphonse, 380 Mill Street-regarding the Police Department and the public distrust
of them; suggested a police committee of citizens that could review police cases
• Emelia Capuchino, 2700 Colorado Blvd. - regarding transparency for Darius Tarver's
family
• Brooke Roberson, 115 5 Union Circle-regarding the release of the body cam footage and
the name of the police officer
• Yohan Ogbu, 12488 Hawk Creek Drive, Frisco - regarding Black Lives Matter and the
Darius Tarver tragedy
• Billy Brasfield, P.O. Box 50834 -regarding police cover-ups in Denton
• Daniel Ojo, 1621 Maple Street - regarding police brutality and release of body cam
footage
• Kevin Tarver, 208 Miller Street, McKinney - regarding his son's death, justice and
transparency
The Regular Meeting was recessed at 7:10 p.m. for a short break and reconvened at 7:21 p.m.
3. CONSENT AGENDA
The consent agenda consisted of Items 3.A-1. There were no items pulled for individual
consideration.
Council Member Briggs moved to adopt the Consent Agenda as presented. Motion seconded
by Council Member Ryan. Motion carried.
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March 3,2020
Page 5
AYES (5): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Ryan,
and Meltzer
ABSENT WHEN VOTE TAKEN (2): Council Members Davis and Armintor
A. ID 20-466 Consider approval of a resolution of the City of Denton,Texas adopting a revised
City of Denton Handbook for Boards,Commissions,and Council Committees;and declaring
an effective date.
ASSIGNED RESOLUTION NO. 20-466
B. ID 20-507 Consider approval of the minutes of February 18, 2020 and amendment of the
minutes for February 4, 2020.
C. ID 20-487 Consider adoption of an ordinance authorizing the City Manager to execute a
Water Main Cost Participation Agreement between the City of Denton and Westray Group,
LP, a Texas limited partnership,for the City's participation in the oversizing of water mains
and in accordance with the terms and conditions of this ordinance; authorizing the
expenditure of funds therefore; and providing an effective date. (in the not-to-exceed amount
of$137,758.00). Public Utilities Board recommends (6-0).
ASSIGNED ORDINANCE NO. 20-487
D. ID 20-494 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 United
Electronic Recycling, LLC, for electronic recycling services for the City of Denton;
providing for the expenditure of funds therefor; and providing an effective date(RFP 7156 -
awarded to United Electronics Recycling, LLC, in the three (3) year not-to-exceed amount
of$161,252.20). The Public Utilities Board recommends approval (5 - 1).
ASSIGNED ORDINANCE NO. 20-494
E. ID 20-495 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation,rejecting any and all competitive bids under RFP 7160 for the supply
of scale house management software for the Solid Waste and Recycling department; and
providing an effective date (RFP 7160). The Public Utilities Board recommends approval (6
- 0).
ASSIGNED ORDINANCE NO. 20-495
F. ID 20-497 Consider adoption of an ordinance ratifying the expenditure of funds by the City
Manager and the Purchasing agent for the emergency purchases for the State School
Interceptor sewer line failure and the Hickory Creek forcemain break in accordance with
Texas Local Government Code 252.022, which provides that procurement of commodities
and services made to preserve or protect the public health or safety of the municipality's
residents is exempt from competitive bidding, and if over $50,000 shall be awarded by the
governing body;and providing an effective date(File 6917-State School failure expenditure
of$260,709.20 and Hickory Creek forcemain break expenditure of$71,245.49). The Public
Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 20-497
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March 3,2020
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G. ID 20-498 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a third amendment to a sole source
agreement between the City of Denton and Telvent USA, LLC, amending the contract
approved by City Council on May 7, 2013, in the not-to-exceed amount of$491,813.75;
amended by Amendments 1-2 approved by Purchasing; said third amendment to provide
continued vendor support of the Denton Municipal Electric (DME) ArcFM Solution and
associated software modules along with new hardware and software upgrades; which is the
sole provider of this software, in accordance with the Texas Local Government Code
252.022, which provides that procurement of commodities and services that are available
form one source are exempt from competitive bidding;providing for the expenditure of funds
therefor; and providing an effective date (File 5770 - providing for an additional three (3)
year term and third amendment expenditure amount not-to-exceed $142,000, with the total
contract amount not-to-exceed $722,980.75). The Public Utilities Board recommends
approval (6 - 0).
ASSIGNED ORDINANCE NO. 20-498
H. ID 20-499 Consider adoption of an ordinance of the City of Denton approving a City co-
sponsorship to the Texas Storytelling Association, in an amount not to exceed$2,932 of in-
kind services and resources for the 35th Annual Texas Storytelling Festival, which will be
held on Thursday, March 12, through Sunday, March 15, 2020, at the Denton Civic Center;
and providing an effective date.
ASSIGNED ORDINANCE NO. 20-499
I. ID 20-598 Consider a resolution authorizing the Mayor of the City of Denton to provide
notice of administrative leave with pay to the Presiding Municipal Judge; and providing an
effective date.
ASSIGNED RESOLUTION NO. 20-598
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 20-288 Consider approval of a resolution of the City of Denton, Texas establishing a
Subsidy and Resource Allocation Policy for the Parks and Recreation Department; and
declaring an effective date.
ASSIGNED RESOLUTION NO. 20-288
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.
AYES (5): Mayor Watts, Mayor Pro Tem. Hudspeth and Council Members Briggs, Ryan,
and Meltzer
ABSENT WHEN VOTE TAKEN (2): Council Members Davis and Armintor
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March 3,2020
Page 7
B. ID 20-411 Consider approval of a resolution supporting the Texas Department of
Transportation's proposal for the removal of certain roadways from the state highway system
within the City of Denton; and providing for an effective date.
NOT CONSIDERED; POSTPONED
The item was not presented or discussed.
Mayor Watts announced the item was postponed to March 17`h.
C. ID 20-412 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager,or his designee,to execute an amendment to an Advance Funding Agreement with
the Texas Department of Transportation for an expansion of Mayhill Road from a two-lane
rural roadway to a four-lane divided urban arterial roadway from IH 35 East to US 380 in
the City of Denton; authorizing the expenditure of funds therefor; and providing an effective
date.
NOT CONSIDERED; POSTPONED
The item was not presented or discussed.
Mayor Watts announced the item was postponed to March 17`h.
D. ID 20-429 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a design-build agreement
with Thos. S. Byrne, Inc., for the design, engineering, and renovation of the Development
Services Building, located at 401 North Elm Street; providing for the expenditure of funds
therefor; and providing an effective date(RFQ 7228 -awarded to Thos. S. Byrne,Inc., in the
not-to-exceed amount of$206,150).
ASSIGNED ORDINANCE NO. 20-429
The item was presented and discussion followed.
Council Member Ryan moved to approve the item as presented. Motion seconded by Mayor
Pro Tem Hudspeth. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Ryan,
and Meltzer
ABSENT WHEN VOTE TAKEN (2): Council Members Davis and Armintor
The meeting was recessed at 7:48 p.m. for a short break and reconvened at 7:53 p.m.
City of Denton City Council Minutes
March 3,2020
Page 8
E. ID 20-496 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 Altec model aerial trucks for various
City Departments: Electric Distribution,Electric Operations, Traffic, and Parks; authorizing
the expenditure of funds therefor; and declaring an effective date (File 7287 - awarded to
Altec Industries, Inc., in the two (2) year not-to-exceed amount of$3,000,000). The Public
Utilities Board recommends approval (6 - 0).
ASSIGNED ORDINANCE NO. 20-496
The item was presented and discussion followed.
Council Member Ryan moved to approve the item as presented. Motion seconded by
Council Member Briggs. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem. Hudspeth and Council Members Briggs, Ryan,
and Meltzer
ABSENT WHEN VOTE TAKEN (2): Council Members Davis and Armintor
F. ID 20-441 Consider adoption of an ordinance of the City of Denton, Texas, amending
ordinance No. 2012-366, as amended by ordinances 2014-039, 2014-274, 2015-370, and
2016-354 relating to Tax Increment Reinvestment Zone(TIRZ)Number Two,to amend the
number of terms the developer representative may serve on the Board of Directors;repealing
all conflicting ordinances and portions thereof, and providing an effective date.
ASSIGNED ORDINANCE NO. 20-441
Items 4.F (ID 20-441) and 4.G (ID 20-440) were collectively read into the record and
presented, with each item voted on individually.
Council Member Davis arrived at the meeting at 8:00 p.m.
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis,
Ryan, and Meltzer
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
G. ID 20-440 Consider adoption of an ordinance of the City of Denton, Texas approving the
Tax Increment Reinvestment Zone Number Two(Westpark TIRZ)Bylaws; and declaring an
effective date. The Tax Increment Reinvestment Zone Number Two Board recommends
approval (12-0).
ASSIGNED ORDINANCE NO. 20-440
Items 4.17 (ID 20-441) and 4.G (ID 20-440) were collectively read into the record and
presented, with each item voted on individually.
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March 3,2020
Page 9
Mayor Pro Tern Hudspeth moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, and Meltzer
ABSENT WHEN VOTE TAKEN(1): Council Member Armintor
5. PUBLIC HEARINGS
A. Z19-0014c Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, approving a change in the zoning district and use classification from the
Residential 4 (R4) zoning district and use classification to the Mixed-Use Neighborhood
(MN) zoning district and use classification; on approximately 0.154 acres of land located at
311 Jannie Street, in the City of Denton, Denton County, Texas; adopting an amendment to
the City's official zoning map;providing for a penalty in the maximum amount of$2,000.00
for violations thereof; providing for severability; and establishing an effective date. The
Planning and Zoning Commission recommends approval (6-0). (Z19-0014, Jannie Street,
Cindy Jackson)
ASSIGNED ORDINANCE NO. Z19-0014c
The item was presented and discussion followed.
With the public hearing opened,the following spoke on the item:
• Roger Yale(applicant), 1417 E McKinney-presented an overview of the proposed
project
• La'Shadion Shemwell, address not provided, McKinney - regarding the Darius
Tarver case
With no other speakers coming forward,the public hearing was closed.
Council Member Briggs moved to approve the item as presented. Motion seconded by
Council Member Ryan. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis,
Ryan, and Meltzer
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
City of Denton City Council Minutes
March 3,2020
Page 10
B. Z19-0013c Hold a public hearing and consider adoption of an ordinance of the City of
Denton,Texas,approving a change in the zoning district and use classification from Planned
Development (PD) District to Residential 6 (R6) District on approximately 59.24 acres of
land generally located west of South Bonnie Brae Street, approximately 1,604 feet south of
the intersection of South Bonnie Brae Street and Killdeer Trail,in the City of Denton,Denton
County, Texas; adopting an amendment to the city's official zoning map; providing for a
penalty in the maximum amount of$2,000.00 for violations thereof;providing a severability
clause and an effective date. The Planning and Zoning Commission recommends approval
[6-0]. (Z19-0013c, Cambridge Brook, Sean Jacobson)
ASSIGNED ORDINANCE NO.Z19-0013c
The item was presented and discussion followed.
With the public hearing opened,the following spoke on the item:
• Jerry Sylo (representing the applicant), 2121 Midway Road, Carrollton-presented
an overview of the proposed project
With no other speakers coming forward, the public hearing was closed.
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 Tem Hudspeth and Council Members Briggs, Davis,
Ryan, and Meltzer
ABSENT WHEN VOTE TAKEN(1): Council Member Armintor
C. DCA19-0024b Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas amending the Denton Development Code Subchapter 2, "Administration and
Procedures," related Alternative Environmentally Sensitive Area (ESA) Plans and platting.
Providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing a severability clause and an effective date. The Planning and Zoning Commission
recommended approval of the request (6-0). (DCA19-0024b, Alternative ESA Plans and
Platting, Julie Wyatt)
ASSIGNED ORDINANCE NO. DCA19-0024b
The item was presented and discussion followed.
The public hearing was opened; and with no speakers coming forward, the public hearing
was closed.
Council Member Ryan moved to approve the item as presented. Motion seconded by Mayor
Pro Tem Hudspeth. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
and Ryan
NAYS (1): Council Member Meltzer
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
City of Denton City Council Minutes
March 3,2020
Page 11
D. AESA20-0001b Hold a public hearing and consider an ordinance of the City of Denton,
Texas approving a request to amend an Alternative Environmentally Sensitive Area Plan for
approximately 49.9-acres of land generally located on the north side of West University
Drive and west of North Masch Branch Road in the city of Denton, Denton County, Texas;
adopting an amendment to the city's official ESA map; providing for a penalty in the
maximum amount of$2,000.00 for violations thereof,providing a severability clause and an
effective date. The Planning and Zoning Commission recommended approval with
conditions (7-0). (AESA20-0001, Fisher 59, Christi Upton)
ASSIGNED ORDINANCE NO.AESA20-0001b
The item was presented and discussion followed.
The public hearing was opened; and with no speakers coming forward, the public hearing
was closed.
Council Member Ryan moved to approve the item as presented. Motion seconded by Mayor
Pro Tem Hudspeth. Motion carried.
AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
and Ryan
NAYS (1): Council Member Meltzer
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
6. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business,the meeting was adjourned at 8:43 p.m.
d jjjo-Z - � h.
CHRI ATTS J E RICHARDSON
MAYOR ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
MINUTES APPROVED ON: Z22Atul 2 —9-,