June 2, 2020 Minutes CITY OF DENTON CITY COUNCIL MINUTES
June 2, 2020
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, June 2, 2020, at 2:06 p.m. in the Council 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
Council Member Armintor was unable to join the Work Session until 2:43 p.m. due to technical
difficulties.
Note: Mayor Chris Watts,Mayor Pro Tem Gerard Hudspeth, and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer participated in the work
session, closed meeting, and regular meeting via video/teleconference under the provisions
allowed by the Texas Government Code Section 551.127.
The posted agenda noted the registration process for public participation at this virtual
meeting. While citizen commentary received via the online registration process is not read,
each member of the City Council received each registration as it was submitted.
WORK SESSION
1. Citizen Comments on Consent Agenda Items
Citizen comments received are noted in Exhibit A.
2. Requests for clarification of agenda items listed on this agenda.
• Consent Item 4.E(ID-20-979) -Pulled for Individual Consideration. (Armintor)
3. Work Session Reports
A. ID 20-943 Receive a report, hold a discussion, and give staff direction regarding an update
to the City of Denton's COVID-19 response.
The item was not presented as there were no updates as of the May 31, 2020 presentation.
City of Denton City Council Minutes
June 2,2020
Page 2
B. ID 20-989 Receive a report, hold a discussion, and give staff direction regarding City of
Denton appointees to District Boards for the Hunter Ranch and Cole Ranch municipal
management districts.
During presentation of the item,the Work Session was recessed at 2:12 p.m.to allow review
for technical difficulties in connecting Council Member Armintor to the meeting and
reconvened at 2:43 p.m.
Presentation of the item and discussion continued.
Following discussion, City Council consensus was to proceed with Option 1, to submit
nominations and consider appointment on June 9. City Attorney's Office to provide a report
on which members of existing boards/commissions would not be eligible to serve on these
boards.
C. ID 20-963 Receive a report, hold a discussion, and give staff direction regarding an internal
audit of Facilities Maintenance.
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for presentation
purposes only.
D. ID 20-990 Receive a report, hold a discussion, and give staff direction regarding funding
recommendations from the Community Development Advisory Committee(CDAC)and the
Human Services Advisory Committee (HSAC) for the proposed activities to be included in
the 2020-2022 Consolidated Plan for Housing and Community Development and 2020
Action Plan.
The item was presented and discussion followed.
Following discussion, staff was directed to proceed with CDAC and HSAC
recommendations on CDBG and HOME funds and continue with the proposed timeline for
submission of the Consolidated Plan and Action Plan to the Department of Housing and
Urban Development.
E. ID 20-992 Receive a report, hold a discussion, and give staff direction regarding a request
for a resolution of support from a developer applying for 4% housing tax credit with the
Texas Department of Housing and Community Affairs.
The item was presented and discussion followed.
Questions were asked of the developer(applicant); commentary are noted in Exhibit A.
City of Denton City Council Minutes
June 2,2020
Page 3
Following discussion, staff was directed to proceed with scheduling an item for further
discussion and formal consideration at the June 16 meeting.
F. ID 20-671 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for: (1) Work session to discuss allowing businesses to utilize public
parking spaces and right-of-way areas to extend their outdoor seating areas.
The item was presented and discussion followed.
Following discussion,results were as follows:
• Item 20-671: 1. Work session to discuss allowing businesses to utilize public parking
spaces and right-of-way areas to extend their outdoor seating areas.
o Consensus to schedule a Work Session on the item.
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 3:44 p.m. consistent with Chapter 551 of
the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A. ID 20-1053 Consultation with Attorneys -Under Texas Government Code Section 551.071.
Consult with the City's attorneys on the legal status, expenses, strategy and options for
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 Professional Conduct of the State Bar of Texas,or otherwise compromise the City's
legal position in pending litigation.
DELIBERATED
B. ID 20-1057 Deliberate regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, receive information from staff, and provide staff with direction
pertaining to leases of Airport property in and around Warbird Drive, Sabre Lane, Airport
Rd., Spartan Dr., John Carrell Rd., Skylane Rd., Lockheed Lane, and existing airport ramp
space 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 or potential
litigation. Consultation with the City's attorneys regarding legal issues associated with
Airport leases of in and around Warbird Drive, Sabre Lane, Airport Rd., Spartan Dr., John
Carrell Rd., Skylane Rd., Lockheed Lane, and existing airport ramp and of potential claims
City of Denton City Council Minutes
June 2,2020
Page 4
made against the City in late 2019, 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.
DELIBERATED
Item applicable to Individual Consideration Items 6.0 (ID 20-1010) and 6.1) (ID 20-1011)
scheduled for formal consideration at the Regular Meeting that followed.
The Closed Meeting started at 4:09 p.m. and ended at 4:57 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,June 2,2020,at 6:36 p.m.in the Council Work Session
Room at City I Iall, 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
Note: Mayor Chris Watts,Mayor Pro Tern Gerard Hudspeth, and Council Members Keely
Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer participated in the work
session, closed meeting, and regular meeting via video/teleconference under the provisions
allowed by the Texas Government Code Section 551.127.
The posted agenda noted the registration process for public participation at this virtual
meeting. While citizen commentary received via the online registration process is not read,
each member of the City Council received each registration as it was submitted.
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag B. Texas Flag
2. PROCLAMATIONS/PRESENTATIONS
None.
City of Denton City Council Minutes
June 2,2020
Page 5
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Reports from members of the public shall be received through the following two(2)methods.
A total of up to seven(7) speakers are permitted to provide public comment and may include
any combination of prior registration and open microphone speakers.
1) Receive Scheduled Citizen Reports from Members of the Public
None
2) Additional Citizen Reports (Open Microphone)
Citizen comments received are noted in Exhibit A.
4. CONSENT AGENDA
The Consent Agenda consisted of Items 4.A-H. During the Work Session held earlier in the day,
Item 4.E(ID-20-979)was pulled for Individual Consideration by Council Member Armintor.
Council Member Meltzer moved to adopt the Consent Agenda,now consisting of items 4.A-D and
4.17-H. Motion seconded by Council Member Briggs. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis, Ryan,
Armintor, and Meltzer
NAYS (0): None
A. ID 20-885 Consider approval of the minutes of May 12 and May 19, 2020.
Citizen comments received are noted in Exhibit A.
B. ID 20-975 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 Questcare
Medical Services, PLLC, for the performance of medical direction services for the Denton
Fire Department;providing for the expenditure of funds therefor; and providing an effective
date (RFQ 7183 - awarded to Questcare Medical Services, PLLC, for three (3) years, with
the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-
exceed amount of$400,000).
ASSIGNED ORDINANCE NO. 20-975
City of Denton City Council Minutes
June 2,2020
Page 6
C. ID 20-977 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 Connect
'Technology Group, LLC for structured data cabling services for construction/renovation
projects within existing facilities, and projected new construction for voice and data
communications supporting daily operations;providing for the expenditure of funds therefor;
and providing an effective date (RFP 7260 - awarded to Connect Technology Group, LLC
in the 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$983,850).
ASS GNED ORDINANCE NO.20-977
D. ID 20-978 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 Techline,
Inc., for the supply of electric utility fault circuit indicators for Denton Municipal Electric,
to be stocked in the Distribution Center;providing for the expenditure of funds therefor: and
providing an effective date(IFB 7314-awarded to Techline,Inc., in the five(5)year not-to-
exceed amount of$460,000).
ASSIGNED ORDINANCE NO.20-978
F. ID 20-1019 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to (I) make application to the Texas Department of Housing and Community
Affairs Emergency Solutions Grant Program for grant funding available through the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act) with appropriate
certifications and(II)to take all other actions necessary to obtain funding and implement the
program; and providing for an effective date.
ASSIGNED ORI)INANCF NO. 20-1019
G. ID 20-1035 Consider adoption of an ordinance of the City of Denton amending the Code of
Ordinances, related to Chapter 2, titled "Administration," Article XI, titled "Ethics,"
providing for findings of fact;providing severability; providing a repealer clause,providing
codification; confirming proper notice and meeting; and providing for an effective date.
ASSIGNED ORDINANCE NO.20-1035
H. ID 20-1036 Consider adoption of an ordinance of the City of Denton confirming the proposed
amendments to the Board of Ethics' Rules of Procedure as required by the Code of
Ordinances, Chapter 2, Article XI, Section 2-277(k); providing for severability; and
providing an effective date.
ASSIGNED ORDINANCE NO. 20-1036
ITEM PULLED FOR INDIVIDUAL CONSIDERATION
E. ID 20-979 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 Federal
Resources Supply Company, for the purchase of bomb suits for the Fire Department:
City of Denton City Council Minutes
June 2,2020
Page 7
providing for the expenditure of funds therefor; and providing an effective date (IFB 7352 -
awarded to Federal Resources Supply Company, in the not-to-exceed amount of$106,308).
ASSIGNED ORDINANCE NO. 20-979
Pulled for Individual Consideration by Council Member Armintor.
The item was presented and discussion followed.
Following discussion, Mayor Pro Tern Hudspeth moved to adopt the item as presented.
Motion seconded by Council Member Armintor. Motion carried.
AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis,
Ryan,Armintor, and Meltzer
NAYS (0): None
5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
A. ID 20-065 Consider adoption of an ordinance of the City of Denton determining the public
use, need, and necessity for the acquisition of various (i) fee tracts, (ii) permanent drainage
easements, and(iii)temporary construction easements located along East McKinney Street,
East and West of its intersection with Loop 288, and being situated in the M.E.P. and P.R.R.
Company Survey, Abstract No. 927, and the Moreau Forrest Survey,Abstract Number 417,
all in the County of Denton, Texas, and being more particularly described in the attached
Exhibit "A" (the "Property Interests"); authorizing the City Manager and City Attorney, or
their respective designees, to acquire the Property Interests by agreement if possible,
including making all offers required by law; authorizing the use of the Power of Eminent
Domain to condemn the Property Interests if an agreement cannot be reached; authorizing
the City Attorney, or his designee, to file eminent domain proceedings if necessary;
authorizing the expenditure of funding; making findings; providing a savings clause; and
providing an effective date.
ASSIGNED ORDINANCE NO. 20-065
The item was presented and discussion followed.
Mayor Watts announced there were no online registrations or call-ins on the item.
Following discussion, Mayor Watts moved that the City of Denton, after having made the
offers required by state law, use the power of eminent domain, if needed, to acquire the
various fee simple parcels of land, permanent drainage easements, and temporary
construction easements, generally located in the M.E.P. and P.R.R. Company Survey,
Abstract Number 927 and the Moreau Forrest Survey, Abstract Number 417, City and
City of Denton City Council Minutes
June 2,2020
Page 8
County of Denton, Texas, and being more particularly described in Exhibit "A" to the
ordinance now under consideration and on the screens overhead,now being displayed for the
audience, all of which are for a valid public use,being necessary to construct and expand the
roadway and drainage improvements to serve the public and citizens of the City of Denton.
Motion seconded by Council Member Ryan. Motion carried.
AYES (5): Mayor Watts,Mayor Pro Tem Hudspeth and Council Members Davis,Ryan, and
Meltzer
NAYS (2): Council Members Briggs and Armintor
6. ITEniS FOR INDIVIDUAL CONSIDERATION
A. ID 20-976 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a first change order to a Design-Build
Agreement between the City of Denton and Thos. S. Byrne, Inc., amending the agreement
approved by City Council on March 3, 2020 in the not-to-exceed amount of$206,150; said
first change order to provide additional preconstruction services funding 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 - providing for an additional first change order expenditure amount not-to-exceed
$66,304,with the total contract amount not-to-exceed$272,454).
ASSIGNED ORDINANCE NO. 20-976
The item was presented and discussion followed.
There were no online registrations or call-ins on the item.
Following discussion, Mayor Pro Tem Hudspeth moved to adopt the item as presented.
Motion seconded by Council Member Meltzer. Motion carried.
AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis,
Ryan, and Meltzer
NAYS (1): Council Member Armintor
B. ID 20-1044 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute the Guaranteed Maximum
Price Amendment to the Design-Build Amendment with Thos. S. Byrne, Inc., a Texas
Corporation, for the renovation and construction of the property located at 401 N. Elm St.
for the City's new Development Services Center; providing for the expenditure of funds
therefor; and, providing an effective date, (RFQ 7228 - awarded to Thos. S. Byrne, Inc. -
Guaranteed Maximum Price of Design-Build contract in the not-to-exceed amount of
$5,521,702.00).
ASS:I GNED ORDINANCE NO. 20-1044
City of Denton City Council Minutes
June 2,2020
Page 9
The item was presented and discussion followed.
There were no online registrations or call-ins on the item.
Following discussion, Mayor Pro Tern Hudspeth moved to adopt 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
NAYS (1): Armintor
C. ID 20-10 10 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute the Third Amendment to the Airport Lease Agreement between the City
and Nebrig Properties,L.P.relating to leased premises at the Denton Enterprise Airport; and
providing for an effective date.
ASSIGNED ORDINANCE NO. 20-1010
The item was discussed during the Closed Meeting Item 1.13 (ID 20-1047)held earlier in the
day pursuant to Texas Government Code Section 551.072 (Real Property) and Section
551.071 (Consultation with Attorneys).
The item was presented and discussion followed.
Citizen comments received are noted in Exhibit A.
During discussion and after consulting with City Attorney Leal,Mayor Watts read Individual
Consideration Item 6.1)(ID 20-1011)item into the record as both were related,with the vote
on each item to be taken individually.
Mayor Watts announced the summary of public commentary/registrations. See Exhibit A
for details.
• 1 online comment: 1 in Support
• 1 call-in: 0 in Support,0 in Opposition, and 1 Not Stated
Following discussion, Council Member Meltzer moved to postpone the item to June 9.
Motion seconded by Council Member Armintor. Motion carried.
AYES (4): Council Members Briggs, Davis,Armintor, and Meltzer
NAYS (3): Mayor Watts, Mayor Pro Tern Hudspeth and Council Member Ryan
City of Denton City Council Minutes
June 2,2020
Page 10
D. ID 20-1011 Consider adoption of an ordinance of the City of Denton approving a Consent to
Sublease between Nebrig & Associates, Inc. and US Trinity Aviation, LLC, for lease of a
fuel facility and equipment at the Denton Enterprise Airport; and providing an effective date.
The item was discussed during the Closed Meeting (Item 13 (ID 20-1047)) held earlier in
the day pursuant to Texas Government Code Section 551.072 (Real Property) and Section
551.071 (Consultation with Attorneys).
During discussion of Individual Consideration Item 6.0 (ID 20-1010) and after consulting
with City Attorney Leal,Mayor Watts read the item into the record as both were related,with
the vote on each item to be taken individually.
The item was presented and discussion followed.
Citizen comments received are noted in Exhibit A.
Mayor Watts announced the summary of public commentary/registrations. See Exhibit A
for details.
• 1 online comment: I in Support and 0 in Opposition
• 2 call-ins: 0 in Support, 0 in Opposition, and 2 Not Stated
Following discussion, Council Member Meltzer moved to postpone the item to June 9.
Motion seconded by Council Member Armintor. Motion carried
AYES (4): Council Members Briggs,Davis,Armintor, and Meltzer
NAYS (3): Mayor Watts, Mayor Pro Tern Hudspeth and Council Member Ryan
7. PU BLIC HEARINGS
A. PD20-0001 a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding an initial zoning of Planned Development (PD) District on
approximately 131.94 acres and for a change from Residential 6 (R-6) to a PD District on
approximately 14.l 9 acres,for a total of approximately 146.l 4 acres of land generally located
south of Allred Road and west of South Bonnie Brae Street and Fort Worth Drive 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 $2,000.00 for violations thereof,
providing a severability clause and an effective date. (PD20-0001a, Sagebrook, Hayley
Zagurski). STAFF IS REQUESTING THAT THIS ITEM BE POSTPONED TO A DATE
CERTAIN OF JUNE 16, 2020.
As noted above, the public hearing was not held and postponed to June 16 at Staffs request.
City of Denton City Council Minutes
June 2,2020
Page 11
8. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business,the meeti as adjourned at 9:06 p.m.
0 �- R
CHF&OWTTS ROSA OS Ncr{ ci Y
MAYOR CI ECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
MINUTES APPROVED ON: a /(0
"' aci o 3 8 e•°i s v u `° =72
y v v•0 3 s x z e s.0
a
7 0 3U o, ao o•r°v r3 �� �v H o"c h v ¢
v �_
3❑ �� — 0 3 Y c �
w
E >`.� o o.a •o w �0 4 q •e d w w
g •o.o > w E � :: = d.c � 3 � � �� � � w 3 sr �� 'v�a
O � W N.- O N... N C-0.y C O y 5 O a0 E•C
U c y o C 5 0 o a$ ^�•°',n v'� O v u: EL o _s °�,�R 3 =,P �
'tea. y C y w P V i R C.0 O R Cyi m w 0 v W N
'>
a nq ° " •� c 2 ❑ m « o aUT
y y a
o E a V z ° v •E 3 o a3i o '.c-o v y '� `o m e m` v
o e c o ev o o J, o.sue. u•o o f .G 5 'e' a 3 'O ° " v
y
E ,;; o A .. a� w Y'-w c 3 " w w � ' e T•a° � awi H o
a N c o« o $ a o 3 0 •E eu=rr- A o° s d y R a
Q' ewu a•d �'v ��° c �'.� o._ v
° o a v 'E ' « w «'� o a Y
H E y"o o w 3 0'� �•o o a_,_a c.� a'C C' >,� v.� on c'rn d
72
C y O O O O O O C O O C O O
•d
^'
r
o'z 'z z z
a� CA m Z z z
C
O
Y O C C C C C o? O\ O O O O
R
c0 ¢O O O O O N N N N
N Un
O
N �
N
c c e c c c ° •c c •^ c
U O q q q A G o U A U A
z E
T
55
0i
9 rl � C �L" y q 'O ❑ •O w
U
s
ou
c
w
o �
m
y F
Q w
00 'U
C y
A O
N
� � h
� tY-
w C � w m C a � 'O w •n C
,wC twMp T O y O N [i1
Z v� C7 W U