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August 18, 2020 MinutesCITY OF DENTON CITY COUNCIL MINUTES August 18, 2020 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, August 18, 2020, at 12:03 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: None Also present were City Manager Todd Hileman, City Attorney Aaron Leal, and First Assistant City Attorney Larry Collister 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, 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 None 2.Requests for clarification of agenda items listed on this agenda. • Clarification was requested on the following items: o Council Member Briggs: Items 4.G (ID 20-1539) and 4.H (ID 20-1625) o Council Member Armintor: Item 4.H (ID 20-1625) • The following items were pulled for Individual Consideration: o Council Member Meltzer: Item 4.F (ID 20-1521) o Council Member Armintor: Item 4.H (ID 20-1525) 3. Work Session Reports A. ID 20-1206 Receive a report and hold a discussion regarding an update to the City of Denton’s COVID- 19 response. The item was presented and discussion followed. City of Denton City Council Minutes August 18, 2020 Page 2 Following discussion, there was no direction provided as the item was for reporting purposes only. City Council to consider amendments to the existing Eighth Order on August 25 . B. ID 20-1130 Receive a report, hold a discussion, and give staff direction regarding the Economic Development Strategic Plan and additional funding options for economic development. The item was presented and discussion followed. Tom Stellman, CEO/Founder for TIPS Strategy, also presented material on the item. The Work Session was recessed for a short break at 1 :31 p.m. and reconvened at 1 :40 p.m. Following discussion, City Council consensus was for Staff to proceed with utilizing system ROI and related options (election vs tax rate). Discussions to continue. C. ID 20-1185 Receive a report, hold a discussion, and give staff direction regarding the Economic Development Partnership and contract between the City of Denton and the Denton Chamber of Commerce. The item was presented and discussion followed. Jill Jester with the Economic Development Partnership Board and Erica Pangburn, Chair of the Denton Chamber of Commerce, also presented material on the item. Following discussion, City Council consensus was to schedule formal adoption of the proposed agreement at an upcoming meeting. D. ID 20- 1523 Receive a report, hold a discussion, and give staff direction regarding the General Fund preliminary FY 2020-21 Proposed Budget, Tax Rate, Capital Improvement Program, and Five-Year Financial Forecast. The item was presented and discussion followed. Following discussion, there was no direction provided as the item was for continued discussion in preparation for the noted purposes. E. ID 20-1536 Receive a report, hold a discussion, and give staff direction regarding potential revisions to the approved pilot/temporary Parklet and Streatery program within the Mixed Use Downtown Core (MD) zoning district. The item was a result of City Council Request 20-848-1 approved for a work session on July 28, 2020. The item was presented and discussion followed. City of Denton City Council Minutes August 18, 2020 Page 3 Following discussion, there was no City Council consensus on increasing the program components although additional discussion was warranted. The Work Session ended at 4:20 p.m. CLOSED MEETING 1. The City Council convened into a Closed Meeting at 4:20 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. A.ID 20-1534 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the Alexander Hill Survey, Abstract No. 623, Denton County, Texas, generally located in the 800 block of Eagle Drive, a 1.656 acre tract situated at the southeast corner of the Bernard Street / Eagle Drive intersection, City of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property 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 any administrative proceeding or potential litigation. (Eagle Electric Substation) DELIBERATED Council Members Meltzer and Armintor had a conflict of interest and were removed from the video conference for this item, thereby not participating on its deliberation. B.ID 20-1636 Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to terms and conditions of a potential lease of City-owned property in the BBB & CRR Survey, Abstract No. 185, Denton County, Texas, and located generally south of Parkway Street, between Bolivar Street and North Elm Street, City of Denton, Texas. DELIBERATED Council Member Armintor was not present for the deliberation of the item. The Closed Meeting started at 4:35 p.m. and ended at 5:00 p.m. No votes or actions were taken during the Closed Meeting. City of Denton City Council Minutes August 18, 2020 Page 4 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, August 18, 2020, at 6:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor 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, City Attorney Aaron Leal, and First Assistant City Attorney Larry Collister 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, 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. NOTE: Mayor Pro Tem Hudspeth served as Presiding Officer over the Regular Meeting, with Mayor Watts participating as a regular member due to not feeling well. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag and B. Texas Flag 2. PROCLAMATIONS/PRESENTATIONS None. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A.Review of procedures for addressing the City Council. B Reports from members of the public. City of Denton City Council Minutes August 18, 2020 Page 5 1) Receive Scheduled Citizen Reports from Members of the Public a. ID 20-1563 Queen Janata Montgomery, address not provided, regarding painting Black Lives Matter and the fallen names on the street’s on the square. PRESENTED 2) Additional Citizen Reports (Open Microphone) None 4. CONSENT AGENDA The Consent Agenda consisted of Items 4.A-H. During the Work Session held earlier in the day, Item 4.F (ID 20-1521) was pulled for Individual Consideration by Council Member Meltzer and Items 4.H (ID 20-1625) and 4.F (ID 20-1521) were pulled for Individual Consideration by Council Member Armintor. Council Member Ryan moved to adopt the Consent Agenda now consisting of Items 4.A-E and 4.G. Motion seconded by Council Member Briggs. Motion carried. AYES (6): Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT WHEN VOTE TAKEN (1): Mayor Watts A. ID 20-1187 Consider approval of the minutes of August 4 and August 6, 2020. APPROVED B.ID 20-1514 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 Schneider Engineering, LTD., for revisions to the Electric Service Standards for Denton Municipal Electric as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7379 - Professional Services Agreement for revisions to the Electric Service Standards for Denton Municipal Electric awarded to Schneider Engineering, LTD., in the not-to-exceed amount of $150,000). The Public Utilities Board recommends approval (4 - 0). ASSIGNED ORDINANCE NO. 20-1514 C ID 20-1516 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 design services of the gas header, waterline, and road construction at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an City of Denton City Council Minutes August 18, 2020 Page 6 effective date (RFQ 7109-011 - professional services agreement for design services awarded to Stearns, Conrad and Schmidt Consulting Engineers, Inc., dba SCS Engineers, in the not- to-exceed amount of $69,645). The Public Utilities Board recommends approval (4 - 0). ASSIGNED ORDINANCE NO. 20-1516 D.ID 20-1517 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 Professional Services Agreement between the City of Denton and GL PwrSolutions Inc., amending the contract approved by City Council on February 5, 2013, in the not-to-exceed amount of $857,469.06; amended by Amendment 1 approved by the City Manager; amended by Amendment 2 approved by the City Council; said third amendment to continue to provide compliance, studies, modeling, and other professional services for Denton Municipal Electric’s transmission and generation assets as required by regulatory agencies including the Federal Energy Regulatory Commission (FERC), North American Electric Reliability Corporation (NERC), Texas Reliability Entity (TRE), and the Electric Reliability Council of Texas (ERCOT); providing for the expenditure of funds therefor; and providing an effective date (File 5148 - providing for an additional third amendment expenditure amount not-to- exceed $284,259, with the total contract amount not-to-exceed $2,253,668.14). The Public Utilities Board recommends approval (4 - 0). ASSIGNED ORDINANCE NO. 20-1517 E.ID 20-1518 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 Ennis-Flint, Inc. dba Ennis Paint, Inc., for the purchase of pavement markers inventory parts to be stocked in the City of Denton Distribution Center; providing for the expenditure of fUnds therefor; and providing an effective date (IFB 7397 - awarded to Ennis-Flint, Inc. dba Ennis Paint, Inc., 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 $475,000). ASSIGNED ORDINANCE NO. 20-1518 G. ID 20-1539 Consider adoption of an ordinance of the City of Denton, Texas approving the Denton Firemen’s Relief and Retirement Fund actuarial valuation as of December 3 1, 2019; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1539 ITEMS PULLED FOR INDIVIDUAL CONSIDERATION F ID 20-1521 Consider adoption of an ordinance of the City of Denton adopting an updated Downtown Reinvestment Grant Program Policy for the Downtown Reinvestment Grant Program; providing a repealer, and providing an effective date. The Downtown Denton Tax Increment Financing Reinvestment Zone No. 1 Board recommends approval (6-0). ASSIGNED ORDINANCE NO. 20-1521 Pulled for Individual Consideration by Council Member Meltzer. City of Denton City Council Minutes August 18, 2020 Page 7 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Meltzer moved to adopt the item as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (6): Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT WHEN VOTE TAKEN (1): Mayor Watts H ID 20-1625 Consider adoption of an ordinance of the City of Denton, Texas, providing for an in-kind contribution of 130 cubic yards of the City’s dyno-dirt compost to Friends of Shiloh Garden, a local non-profit agency, for use by it to grow produce at the Shiloh Field Community Garden which will be distributed to food insecure individuals and families; and, providing an effective date. ASSIGNED ORDINANCE NO. 20-1625 Pulled for Individual Consideration by Council Member Armintor. 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 Pro Tem Hudspeth announced the summary of public commentary/registrations. See Exhibit A for details. • Online: 1 in Support and 0 in Opposition Call-Ins: None The item was presented and discussion followed. Council Member Davis moved to adopt the item as presented with the flexibility to allow for either Dyno-Dirt or Dyno-Dirt Lite. Motion seconded by Council Member Briggs. Motion carried AYES (5): Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor ABSENT WHEN VOTE TAKEN (1): Mayor Watts City of Denton City Council Minutes August 18, 2020 Page 8 5.ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 20-1445 Consider nominations/appointments to the City’s Economic Development Partnership Board. There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion Council Member Briggs moved to appoint the following for a two-year term beginning October 1, 2020 and ending September 30, 2022: • • • • • • • Lee Ramsey, Denton Chamber of Commerce Board (New Appointment) Jesse Davis, Denton City Council (Reappointment) Steve Edgar, Top 20 Taxpayer (Medical City of Denton) (Reappointment) Jimmy Mejia, Denton Hispanic Chamber of Commerce (Reappointment) Tony Clark, At-Large (Reappointment) Mark McLellan, UNT President/Designee (Reappointment) Jason Tomlinson, TWU Chancellor/Designee (Reappointment) Motion seconded by Council Member Meltzer. Motion carried. AYES (6): Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT WHEN VOTE TAKEN (1): Mayor Watts Mayor Watts arrived at 7:16 p.m. B ID 20-1526 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, granting to Atmos Energy Corporation, Mid-Tex Division, a Texas and Virginia Corporation, its successors and assigns, a non-exclusive franchise to furnish, transport, and supply natural gas to the general public in the City of Denton and Denton County, Texas, to construct maintain and operate pipelines and equipment in the City of Denton, Texas, for the transportation, delivery, sale, and distribution of natural gas in, out of and through said city for all purposes; providing for the payment of a fee or charge for the use of the public rights-of-ways; providing that such fee shall be in lieu of other fees and charges, excepting Ad valorem taxes; repealing all previous Atmos Energy Gas Franchise Ordinances; prescribing the terms, conditions, obligations and limitations under which such franchise shall be exercised; a most favored nations clause; a severability clause; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1526 City of Denton City Council Minutes August 18, 2020 Page 9 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Meltzer moved to adopt 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 C.ID 20-1584 Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 22, 2020, City Council public meeting agenda to adopt a 2020 Tax Rate that will not exceed the lower of the no-new-revenue tax rate or the voter approval tax rate; calling a public meeting on a tax rate to be held on September 15, 2020, and calling a budget public hearing on the Fiscal Year 2020-2021 Annual Program of Services of the City of Denton to be held on September 15, 2020; requiring publication of notices of the public meetings and hearing in accordance with the law; requiring the posting of the notices of the public meetings and hearing on the City’s Internet website; requiring the posting of the notices on the City’s public access channel; and providing an effective date. ASSIGNED RESOLUTION NO. 20-1584 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Armintor. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None D ID 20-1379 Consider approval of a resolution of the City of Denton regarding the creation of the Denton County Municipal Utility District No. 16 (OLEX MUD), encompassing approximately 553 acres of land, located north of Old Stoney Road, south of Jackson Road, and west on FM 156, within Division 2 of the Extraterritorial Jurisdiction of the City of Denton, Texas; and providing an effective date. ASSIGNED RESOLUTION NO. 20-1379 Items 5.D (ID 20-1379) and 5.E (ID 20-1496) were collectively read into the record, presented, and discussed, but voted on individually. City of Denton City Council Minutes August 18, 2020 Page 10 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. The item was presented and discussion followed. Mayor Pro Tem Hudspeth announced the summary of public commentary/registrations. See Exhibit A for details. • Online: 4 in Support and 0 in Opposition • Call-Ins: None Following discussion, Council Member Ryan moved to adopt the item as presented. Motion seconded by Mayor Watts. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor E ID 20-1496 Consider adoption of an ordinance of the City of Denton, Texas regarding the Development and Consent Agreement with VS Development, LLC and Olex (United States), Inc. concerning the Denton County Municipal Utility District No. 16 and other related matters; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1496 Items 5.D (ID 20-1379) and 5.E (ID 20-1496) were collectively read into the record, presented, and discussed, but voted on individually. 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. • Online: 4 in Support and 0 in Opposition • Call-Ins: None The item was presented and discussion followed. City of Denton City Council Minutes August 18, 2020 Page 11 Following discussion, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council IVlembers Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor F.HL20-0008a Consider approval of a resolution of the City of Denton, Texas approving an application for a partial tax exemption of designated historic sites, in accordance with Chapter 10, Article VI, Sections 10-126 through 10-129 of the Denton Municipal Code of Ordinances, for a Local Historic Landmark, located at 923 West Oak Street in the Oak- Hickory Historic District (om), generally located on the south side of West Oak Street, between Denton Street and Welch Street; providing for severability; and providing an effective date. (HL20-0008, 923 W Oak Street - Tax Exemption, Ron Menguita) ASSIGNED RESOLUTION NO. HL20-0008 Citizen comments received are noted in Exhibit A. The item was presented and discussion followed. Following discussion, Council Member Briggs moved to adopt 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 6. PUBLIC HEARINGS A PDA 19-0004b Hold a public hearing and consider making a recommendation to City Council regarding a request by Forestar Real Estate Group, Inc. for a Concept Plan amendment and Detailed Plan approval to Sections J & K of Planned Development 132, The Preserve at Pecan Creek. The 7.2-acre property is generally located at the southwest corner of Lakeview Boulevard and Edwards Road, in the City of Denton, Denton County, Texas. CONSIDERATION OF THIS ITEM HAS BEEN POSTPONED TO THE SEPTEMBER 1, 2020 CITY COUNCIL MEETING. (PDA19-0004, Preserve at Pecan Creek J & K Amendment, Julie Wyatt) POSTPONED TO SEPTEMBER 1 As noted, the item had been postponed to September 1 as noted above. City of Denton City Council Minutes August 18, 2020 Page 12 B.S19-0013a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas approving a Specific Use Permit to allow for a Multi-Family Dwelling use on approximately 4 acres of land generally located on the north side of Mingo Road, approximately 150 feet southwest of Boyd Street in the City of Denton, Denton County, Texas; 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 voted 6-0 to recommend approval of the request with conditions. (S19-0013a, Mingo Road Apartments, Julie Wyatt) POSTPONED TO A DATE UNCERTAIN Mayor Pro Tem Hudspeth announced that at the request of the applicant, the item was postponed to a date uncertain. C AESA20-0003c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding an Alternative Environmentally Sensitive Area Plan for approximately 213.9-acres of land generally located north of the 3500-3600 block of Roselawn Drive and the east side of the Kansas City Southern Railroad tracks in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official Environmentally Sensitive Areas map; providing for a penalty in the maximum amount of $2,000.00 for violations thereoe providing a severability clause and an effective date. (AESA20-0003, Forestar Rayzor, Christi Upton). POSTPONED TO A FUTURE DATE 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. Following discussion Council Member Armintor moved to deny the item and later withdrew. The public hearing was opened and citizen comments received are noted in Exhibit A. Following discussion, Council Member Armintor moved to postpone the item to allow for the preparation of a tree assessment and an assessment on the effect on upland habitat. Motion seconded by Council Member Briggs. Mayor Pro Tem Hudspeth delayed the vote on the item to allow the public hearing to continue. City of Denton City Council Minutes August 18, 2020 Page 13 With no other callers waiting to speak, the public hearing was closed. Mayor Pro Tem Hudspeth announced the summary of public commentary/registrations. See Exhibit A for details. • Online: 1 in Support and 3 in Opposition • Call-Ins: None Discussion continued. Mayor Watts Called the Question on the motion to postpone. Call the Question seconded by Council Member Ryan. Call the Question failed as a 2/3 vote required was required to pass (5 in the affirmative). AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (3): Council Members Briggs, Armintor and Meltzer Discussion continued. Mayor Pro Tem Hudspeth called the vote on Council Member Armintor’s motion to postpone the item to allow for the preparation of a tree assessment and an assessment on the effect on upland habitat, seconded by Council Member Briggs. Motion carried. AYES (4): Council Members Briggs, Davis, Armintor, and Meltzer NAYS (3): Mayor Watts, Mayor Pro Tem Hudspeth and Council Member Ryan 7. CONCLUDING ITEMS Council Members expressed items of interest. With no further business, the meeting was adjourned at 9:15 p.m. ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS MAYOR CITY OF DENTON, TEXAS 1rV1[ 1[]N1 1L1 1[ ]: S Jr!IIILL1P P ]B( 1C) IV1 D ON : Z gaZa@ afl Nlli A !!gg!!!! 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