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June 9, 2020 Minutes CITY OF DENTON CITY COUNCIL MINUTES June 9, 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 9, 2020, at 1:05 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 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. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details. • 4 Online: I in Support and 3 in Opposition • 1 Call-ins: 0 in Support, 0 in Opposition, and I Not Stated 2. Requests for clarification of agenda items listed on this agenda. • Consent Item LA(ID-20-956) -Pulled for Individual Consideration. (Briggs,Armintor, Meltzer) • Consent Item LC (ID 20-1005) - As requested, staff clarified there was no relationship between the contractor and the owner. (Meltzer) City of Denton City Council Minutes June 9,2020 Page 2 • Consent Item 1.D(ID-20-1084)-As requested, Staff clarified the additional amendment would cover costs of security through June 30 at the same hourly pricing. Monsignor King has different security service. If issues with security,individuals can let staff know (Monsignor King/My Daily Bread)who would then notify City staff. (Briggs,Armintor) • Consent Item 1.F (ID-20-1034) - Pulled for Individual Consideration. (Armintor, Meltzer) 3. Work Session Reports A. ID 20-944 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 presented and discussion followed. Following discussion, City Council consensus was to continue with the Juneteenth event taking place. B. ID 20-1114 Receive a report, hold a discussion, and give staff direction regarding demonstrations following the tragic death of George Floyd, the call to review and reform use-of-force policies, and Mayor Watts' proposed pledge to the "Commit to Action" initiative and creation of an ad hoc use-of-force committee. A Moment of Silence was taken in honor of Mr. George Floyd and his life. The item was presented and discussion followed. The item related, in part, to Individual Consideration Item 2.A (ID 20-1110) scheduled for formal consideration at the Special Called Meeting that followed. The meeting was recessed for a short break at 2:22 p.m. and reconvened at 2:32 p.m. Following discussion,City Council consensus was to let the committee appoint its own Chair rather than have the position appointed by the Mayor. The item related,in part,to Individual Consideration Item 2.A (ID 20-1110) scheduled for formal consideration at the Special Called Meeting that followed. C. ID 20-426 Receive a report, hold a discussion, and give staff direction regarding the Urban Forest Master Plan. The item was presented by Dana Karcher with the Davey Resource Group and discussion followed. City of Denton City Council Minutes June 9,2020 Page 3 Following discussion, City Council consensus was to reallocate the Tree Fund as follows. Formal adoption scheduled at a future date. a. 55%property purchase (see Property Purchase Criteria,Appendix G) b. 40%tree planting c. 5%education/outreach The Work Session was recessed for a short break at 4:05 p.m. and reconvened at 4:17 p.m. D. ID 20-521 Receive a report, hold a discussion and give staff direction regarding update of the 2012 Sustainability Plan. The item was not presented and instead remanded to the Council Committee on the Environment, with additional input from the public to be obtained before the item returned to the City Council for discussion/direction. E. ID 20-732 Receive a report, hold a discussion, and give staff direction regarding DME's proposed Electric Vehicle Charging Infrastructure Strategy. The item was presented and discussion followed. Following discussion,there was no direction provided with Staff to continue as presented. The Work Session ended at 4:50 p.m. CLOSED MEETING 1. The City Council convened into a Closed Meeting at 4:50 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. A. ID 20-1054 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 The Closed Meeting recessed for a short break at 6:22 p.m. and reconvened at 7:13 p.m. City of Denton City Council Minutes June 9,2020 Page 4 B. ID 20-1099 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 the potential purchase of real property located southeast of the corner of Thomas J. Egan Rd. and Jim Christal Rd. in Denton, Denton County, Texas ("Property"), 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 potential claims against the City associated with the Property, 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 The Closed Meeting started at 5:05 p.m. and ended at 7:54 p.m. No votes or actions were taken during the Closed Meeting. 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,June 9,2020,at 8:10 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 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. 1. CONSENT AGENDA The Consent Agenda consisted of Items 1.A-F. During the Work Session held earlier in the day, Item 1.A (11) 20-956) was pulled for Individual Consideration by Council Members Briggs, Armintor,and Meltzer. Item LF(ID 20-1034)was pulled for Individual Consideration by Council Members Armintor and Meltzer. City of Denton City Council Minutes June 9,2020 Page 5 Mayor Pro Tem Hudspeth moved to adopt the Consent Agenda, now consisting of items LB-E. 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 B. ID 20-1004 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Modification and Termination of an Interlocal Contract and Memorandum of Agreement with the City of Corinth,under the Government Code,Chapter 791.001,related to the use of City of Denton's server, hardware,hosting and associated services; and declaring an effective date (File 3839 -terminate an Interlocal Cooperative Purchasing Agreement with the City of Corinth). ASSIGNED ORDINANCE NO. 20-1004 C. ID 20-1005 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, approving proposals from MAK Repair and Construction, LLC, and authorizing the expenditure of funds for the reconstruction of three (3) properties under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7325 - MAK Repair and Construction, LLC, in the not-to-exceed amount of$468,765). ASSIGNED ORDINANCE NO.20-1005 D_ ID 20-1084 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Group For Horizon Entertainment Inc. dba Ranger Guard & Investigations,amending the contract approved by Purchasing on March 24,2020,in the not- to-exceed amount of $49,000; said first amendment to provide dedicated security officer services for the City of Denton in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services made because of public calamity or 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; providing for the expenditure of funds therefor; and providing an effective date (File 7340 - providing for an additional first amendment expenditure amount not-to-exceed $33,000,with the total contract amount not-to-exceed $82,000). ASSIGNED ORDINANCE NO. 20-1084 E. ID 20-1025 Consider approval of the minutes of May 29,2020. ITEMS PULLED FOR INDIVIDUAL CONSIDERATION A. ID 20-956 Consider adoption of an ordinance of the City Council of the City of Denton, a Texas Home-Rule Municipal Corporation, authorizing the City Manager, or his designee,to execute an indemnity escrow agreement among and between the Texas Municipal Power City of Denton City Council Minutes June 9,2020 Page 6 Agency, a Texas joint powers agency, and the cities of Bryan, Texas, Denton, Texas, Garland, Texas, and Greenville, Texas, regarding the establishment of an escrow to fund TMPA's indemnity obligations pursuant to the Joint Operating Agreement between the cities and TMPA; and,providing and effective date. ASSIGNED ORDINANCE NO.20-956 Pulled for Individual Consideration by Council Members Briggs, Armintor, and Meltzer. The item was partially discussed under Work Session Item 1.B (ID 20-1114) at the Work Session held earlier in the day. Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details. • 4 Online: 1 in Support and 3 in Opposition • 1 Call-ins: 0 in Support, 0 in Opposition, and 1 Not Stated Following discussion, Council Member Armintor moved to approve the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan,Armintor, and Meltzer NAYS (0):None F. ID 20-1034 Consider adoption of a resolution of the City Council of the City of Denton in support of the Original Denton District's application for the Arts Respond- Cultural District Project grant from the Texas Commission on the Arts (TCA); authorizing the Original Denton District to execute a letter of support;and providing an effective date.The Public Art Committee recommends approval (8-0). ASSIGNED RESOLUTION NO.20-1034 Pulled for Individual Consideration by Council Members Armintor and Meltzer. The item was a result of the City Council Request from Council Member Meltzer deliberated on January 28,2020 (1D 20-003-1). The item was presented and discussion followed. There were no online registrations/commentary submitted. City of Denton City Council Minutes June 9,2020 Page 7 Following discussion, Council Member Briggs moved to adopt the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan,Armintor, and Meltzer NAYS (0): None 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 20-1110 Consider approval of a resolution of support for the Mayor's commitment to 1) reviewing use-of-force policies, 2) engaging the community in such review by including diverse input,3)reporting the findings of the review to the community and seeking feedback, and 4)reforming use-of-force policies; creating an ad hoc Use-of-Force Review Committee; confirming the charge for the Committee; and declaring an effective date ASSIGNED RESOLUTION NO.20-1110 The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. Mayor Watts announced the summary of public commentary/registrations. See Exhibit A for details. • 25 Online: 14 in Support and 11 in Opposition • 1 Call-ins: 0 in Support and 1 in Opposition Following discussion,Mayor Pro Tern Hudspeth moved to adopt the item with the following changes: • Jaime Blanton to represent Persons with Disabilities • Representative from Denton County NHMZ • Representative from Denton County ISD • Chair to be appointed by the Committee Council Member Briggs moved a friendly amendment to change one of the university members to a student from that university. Mayor Watts committed toward reaching out to the universities and asking they consider designating a student. There was no objection voiced by Council Member Briggs. Motion seconded by Council Member Meltzer, City of Denton City Council Minutes June 9,2020 Page 8 AYES (5): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Davis,Ryan, and Meltzer NAYS (2): Council Members Briggs and Armintor NOTE: Later in the meeting,Mayor Watts announced one of the universities had committed toward designating a student(graduate or undergraduate)as their representative. The Special Called Meeting recessed for a short break at 10:02 p.m. and reconvened at 10:15 p.m. B. ID 20-1069 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the Mayor to execute an Interlocal Agreement with Denton County to address the impact of the public health emergency with respect to the Coronavirus pandemic;providing an effective date. ASSIGNED ORDINANCE NO.20-1069 Council Member Davis had a conflict of interest on the item and was removed from the video conference for this item,thereby not participating on consideration of the item. The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. There were no online registrations or call-ins on the item. Following discussion, Council Member Briggs moved to adopt the item as presented. Motion seconded by Council Member Armintor. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0):None ABSTAINED (1): Council Member Davis C. ID 20-999 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7227 for the supply and installation of Denton Energy Center(DEC) exhaust air silencers; and providing an effective date(RFP 7227). ASSIGNED ORDINANCE NO.20-999 The item was presented and discussion followed. There were no online registrations or call-ins on the item. City of Denton City Council Minutes June 9,2020 Page 9 Following discussion,Council Member Davis moved to adopt the item as presented. 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 D. ID 20-1052 Consider approval of a resolution of the City of Denton regarding the addition of land to La La Ranch Municipal Utility District of Denton County, encompassing approximately 311.39 acres of land located north of Hawkeye Road, south of Doyle Road, and west of Miller Road, within Division 2 of the Extraterritorial Jurisdiction of the City of Denton, Texas; and providing an effective date. ASSIGNED RESOLUTION NO.20-1052 The item was presented and discussion followed. There were no online registrations or call-ins on the item. Following discussion, Council Member Ryan moved to approve the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Davis, Ryan, Armintor, and Meltzer NAYS (1): Council Member Briggs E. ID 20-1100 Consider approval of a resolution of the City Council of the City of Denton to appoint a director to the Board of Directors of the Hunter Ranch Improvement District No. 1 of Denton County, Texas, and providing an effective date. ASSIGNED RESOLUTION NO.20-1100 The item was presented and discussion followed. There were no online registrations or call-ins on the item. Following discussion,Council Member Davis moved to appoint Susan Parker,whom he had nominated. Motion seconded by Council Member Ryan. Motion carried. AYES (4): Mayor Watts,Mayor Pro Tern Hudspeth and Council Members Davis, and Ryan NAYS (3): Council Members Briggs,Armintor, and Meltzer City of Denton City Council Minutes June 9,2020 Page 10 F. ID 20-1101 Consider approval of a resolution of the City Council of the City of Denton to appoint a director to the Board of Directors of the Cole Ranch Improvement District No. 1 of Denton County, Texas; and providing an effective date. 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 postpone the item to June 16 to allow him time to reach out to his proposed nominee. Motion seconded by Council Member Ryan. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Davis, and Ryan NAYS (3): Council Members Briggs, Armintor, and Meltzer G. ID 20-1082 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.20-1082 Items 2.G (ID 20-1082) and 2.H (ID 20-1083) were collectively read into the record, presented, and discussed, but voted on individually. Citizen comments received are noted in Exhibit A. 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 Briggs. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis, Ryan,Armintor, and Meltzer NAYS (0):None H. ID 20-1083 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. ASSIGNED ORDINANCE NO. 20-1083 Items 2.G (ID 20-1082) and 2.H (ID 20-1083) were collectively read into the record, presented, and discussed, but voted on individually. Citizen comments received are noted in Exhibit A. City of Denton City Council Minutes June 9,2020 Page 11 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 Ryan. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis, Ryan,Armintor, and Meltzer NAYS (0): None L ID 20-1109 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Board of Ethics and Human Services Advisory Committee. The item was not presented or discussed. There were no online registrations or call-ins on the item. Council Member Meltzer moved to appoint the following as noted below: POARD;COMMIITEEICOMMISSION COUNCR NOMINATINr, MEMBER MEMBER STATUS S PL✓;,E CCU FIRST NAME LAST NAME NEW TERM QUALIFICATION OR PREFERENCE.IF ANY UN€XP# FD Board of Ethics 6 MeltZEr Pair=7a Reinke �,ePtember 1,2D18 New through August 31,2020 UNEXPIRED 2019 Frunsanservices Advisory Committee €BALL-h Dams GaleTa:npka sWember 1, New throara3t AUg=31,M21 Motion seconded by Council Member Davis. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis, Ryan,Armintor, and Meltzer NAYS (0):None 3. CONCLUDING ITEMS Council Members expressed items of interest. With no furth r busi ss,the meetitp was adjourned at 11: 13 p.m. CHRIS VATTS ROSA RIOS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS MINUTES APPROVED ON: 020 om -a e m'" y° - Z.Vai ° o« o E v >y m ` ?a-Si « £ w a o° o c a y- E c b' ` o c oa�c ._ `o t C t m c❑° o ra £ m v o U c C'v ._ �'3 Z o ° >o E•_ �'$ `� s a 3 �, o.3 E c 3= € °v: w o V •rot c E v 5 5 o m e m a s E 5 o -r«-•=•o E m'� � W c m c � -X c.._ � E'� £ y° m a�$ �Z.E �a°m= ti t �o '�� ra 3 0 o E 5: E u E o °s ,,;, a v y U o v .=D > c E SoN� 3 E o• b m `� o E '� c.- £ O m c m 'y01� o e B $ v W= s € E s E s o. 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