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September 15, 2020 minutesCITY OF DENTON CITY COUNCIL MINUTES September 15, 2020 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, September 15, 2020, at 12:04 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: Mayor Chris Watts Also present were City Manager Todd Hileman and City Attorney Aaron Leal. Mayor Pro Tem Hudspeth served as Presiding Officer. 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. The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process was 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 item: o Council Member Briggs: Item 4.L. (ID S17-0008e) • The following item was pulled for Individual Consideration: o Council Member Davis: Item 4.1. (ID 20-1708) 3. Work Session Reports A. ID 20-1494 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. City of Denton City Council Minutes September 15, 2020 Page 2 Following discussion, City Council Consensus was to have the Director of Public Health attend an upcoming meeting to provide an update as to the pandemic. B.ID 20-1384 Receive a report, hold a discussion, and give staff direction regarding an internal audit of COVID-19 Response: Pandemic Preparedness. The item was presented and discussion followed. Following discussion, there was no direction provided as the presentation was for reporting purposes only. C.ID 20-1368 Receive a report, hold a discussion, and give staff direction regarding the November 3, 2020 General and Special Elections. The item was presented and discussion followed. Following discussion, City Council consensus was as follows: • • • • Seek City Council input on locations for future November elections, even though the Election Code mandates required to use County locations; Address construction on Lillian Miller near South Branch Library – place signage (arrows) on how to gain access to the building; Educate voters on guidance with DISD regarding their facilities/rooms and how to be accessed; and Have Agenda Committee address Election Day (November 3) as it is a City Council meeting day. The work session was recessed for a short break at 1:08 p.m. and reconvened at 1 :22 p.m. D. ID 20-1524 Receive a report, hold a discussion, and give staff direction regarding the FY 2020-21 Budget, Capital Improvement Program, and Five Year Financial Forecast. The item was presented and discussion followed. Following discussion, City Council Consensus was to maintain a low tax rate and not get above the “no-new tax rate”; also address/calculate the Return on Investment (ROI). E.ID 20-1202 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1. Installing a "Wall of Fame" at the American Legion Hall The item was presented and discussion followed. Following discussion, results were as follows: 1. Installing a "Wall of Fame" at the American Legion Hall. o Consensus was to hold a future work session. The Work Session ended at 2:57 p.m. City of Denton City Council Minutes September 15, 2020 Page 3 CLOSED MEETING Mayor Pro Tem Hudspeth served as Presiding Officer as Mayor Watts was not in attendance. 1.The City Council convened into a Closed Meeting at 3:11 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. Item 1.F (ID 20- 1883) was not deliberated. A.ID 20-1670 Deliberations Regarding Certain Public Power Utilities Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff about and discuss and deliberate (i) the City’s current renewable energy resources portfolio and (ii) new opportunities to add additional renewable energy resources to the portfolio. Consultation with the City’s attorneys regarding legal issues associated with the procurement of the additional renewable energy resources, including, but not limited to, agreements related to the above, where discussions of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. DELIBERATED B.ID 20-1840 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 C ID 20-1793 Consultation with Attorneys under Texas Government Code Section 551.071, Personnel Matters under Texas Government Code Chapter 551.074, and Deliberations Involving Medical or Psychiatric Records of Individuals under Texas Government Code Chapter 551.0785. Discuss, deliberate, receive information from staff, and provide staff with direction pertaining to the line of duty injury of Denton Police Officer Urban Rodriguez. Consultation with the City’s attorney regarding legal issues, personnel matters, and medical records associated with Officer Rodriguez’ line of duty injury, including an extension of line of duty injury leave of absence under Texas Local Government Code Chapter 143.073 as City of Denton City Council Minutes September 15, 2020 Page 4 well as the workers’ compensation benefits available to and received by Officer Rodriguez, where a public discussions 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 D.ID 20-1822 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential acquisition of real property interests in the William Wilburn Survey, Abstract No. 1419 Denton County, Texas, and located generally on the north side of Tom Cole Road, adjacent to the northwest end of Denton Enterprise Airport, within the City of Denton. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding, negotiation, or potential litigation. DELIBERATED E.ID 20-1842 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys on the legal status, strategy and options for resolution of litigation, including a discussion of what information may be shared with the Public Utility Board, 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 F.ID 20-1883 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation with the City’s attorneys regarding legal matters with the escrow agreement related to the Denton Grove specific use permit (S20-0004), 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. NOT DELIBERATED The closed meeting started at 3:11 p.m. and ended at 6:08 p.m. No votes or actions were taken during the closed meeting. City of Denton City Council Minutes September 15, 2020 Page 5 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, September 15, 2020, at 6:38 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 and City Attorney Aaron Leal. 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 was not read, each member of the City Council received each registration as it was submitted. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag and B. Texas Flag 2. PROCLAMATIONS/PRESENTATIONS A. ID 20-1849 Fall Prevention Awareness Day PRESENTED B. ID 20-1850 National Suicide Awareness Month PRESENTED 3 PRESENTATION FROM MEMBERS OF THE PUBLIC A.Review of procedures for addressing the City Council. B. Reports from members of the public 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 City of Denton City Council Minutes September 15, 2020 Page 6 4. CONSENT AGENDA The Consent Agenda consisted of Items 4. A-L. During the Work Session held earlier in the day, Item 4.1 (ID 20-1708) was pulled for Individual Consideration by Council Member Davis. Mayor Pro Tem Hudspeth moved to adopt the Consent Agenda, now consisting of Items 4. A-H and 4. J-L. Motion seconded by Council Member Ryan. Motion carried. AYES (7): Mayor Chris Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None A.ID 20-1634 Consider adoption of an ordinance approving an agreement between the City of Denton and the Denton Chamber of Commerce regarding an Economic Development Program; and providing an effective date. The Economic Development Partnership Board recommends approval (11-0). ASSIGNED ORDINANCE NO. 20-1634 B.ID 20-1684 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 North Texas Five Star Events, LLC, for the supply of Chemical Toilet Rental Services for the City of Denton, Section A - Standard and Handicap Rentals, Section F - Hand Washing Stations, Section G - Accessories and Additional Service Fees, and Section H - Special Event/Weekend Rentals; providing for the expenditure of funds therefor; and providing an effective date (RFP 7070 - awarded to North Texas Five Star Events, LLC, 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 $225,000). ASSIGNED ORDINANCE NO. 20-1684 C.ID 20-1686 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 Site Services of Texas, Inc., for the supply of Chemical Toilet Rental Services for the City of Denton, Section B - Trailer Mounted Rentals, Section C - Restroom Trailer, Section D - Laundry Trailer and Section E - Shower Trailer; providing for the expenditure of funds therefor; and providing an effective date (RFP 7070 - awarded to United Site Services of Texas, 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 $225,000). ASSIGNED ORDINANCE NO. 20-1686 D. ID 20-1688 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 underground distribution cables for Denton Municipal Electric to be stocked in the Distribution Center; providing for the expenditure of funds therefor; and City of Denton City Council Minutes September 15, 2020 Page 7 providing an effective date (RFP 7391 - awarded to Techline Inc., for three (3) years, with the option for one (1) additional one (1) year extension, in the total four (4) year not-to- exceed amount of $ 1,000,000). ASSIGNED ORDINANCE NO. 20-1688 E.ID 20-1689 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract through an interlocal agreement with Tarrant County, for the purchase of High Performance Asphalt Cold Mix Patch Material, as awarded by Tarrant County Bid RFB #2019-264; providing for the expenditure of funds therefor; and providing an effective date (File 7445 - awarded to Austin Asphalt, Inc. and Texas Materials Group, Inc., dba TexasBit, in the not- to-exceed amount of $400,000). ASSIGNED ORDINANCE NO. 20-1689 F.ID 20-1757 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (Dir) Cooperative Purchasing Network Contract Number DIR-CPO-4470 with DataVox, Inc., for audio/video design and installation for the Development Services Center; providing for the expenditure of funds therefor; and providing an effective date (File 7467 - awarded to DataVox, Inc., in the not-to-exceed amount of $337,287.17). ASSIGNED ORDINANCE NO. 20-1757 G.ID 20-1788 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a contract between the City of Denton and Rehrig Pacific Company, amending the contract approved by City Council on January 15, 2019, in the not-to-exceed amount of $ 1,010,208; amended by Amendment 1 approved by Purchasing, said second amendment to provide for the additional purchase of residential refuse and recycling cans and replacement parts; providing for the expenditure of funds therefor; and providing an effective date (File 6926 - providing for an additional second amendment expenditure amount not-to-exceed $190,000, with the total contract amount not-to-exceed $1,200,208). ASSIGNED ORDINANCE NO. 20-1788 H.ID 20-1867 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Agreement with the Town of Little Elm, under the Government Code, Chapter 791.001, to authorize City of Denton contracts for the purpose of providing public safety communication services to the Town of Little Elm, Texas; authorizing the expenditure of funds therefor; and declaring an effective date (File 7374 - authorize an Interlocal Agreement with the Town of Little Elm). ASSIGNED ORDINANCE NO. 20-1867 J. ID 20-1740 Consider approval of the minutes of August 25, August 27 and September 1, 2020 APPROVED City of Denton City Council Minutes September 15, 2020 Page 8 K.ID 20-1782 Consider adoption of an ordinance by the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute an interlocal agreement with the City of Fort Worth to define the duties and obligations involved with the coordination of public safety related efforts; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1782 L.S17-0008e Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tune, correcting an inadvertent mistake in Ordinance No. S17-0008d, relating to the approval date; providing for a savings clause and an effective date. (S17-0008e, Woodlands of McKinney Street) ASSIGNED ORDINANCE NO. S17-0008e ITEM PULLED FOR INDIVIDUAL CONSIDERATION 1.ID 20-1708 Consider approval of a resolution of the City of Denton in support of the Texas Department of Transportation’s proposed alignment and construction schedule for the Loop 288 West Northbound and Southbound Frontage Road Construction Project; authorizing the City Manager to sign a letter of support; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1708 Pulled for Individual Consideration by Council Member Davis. 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 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 5. ITEMS FOR INDIVIDUAL CONSIDERATION A ID 20-1870 Consider approval of a resolution of the city council of the City of Denton, a Texas home-rule municipal corporation, approving a negotiated settlement between the Atmos cities steering committee (“ASCS") and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2020 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding City of Denton City Council Minutes September 15, 2020 Page 9 amortization of regulatory liability; requiring the company to reimburse ACSC’s reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas open meetings act; adopting a savings clause; declaring an effective date; and requiring delivery of this resolution to the company and the ACSC’s legal counsel. ASSIGNED RESOLUTION NO. 20-1870 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Armintor moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, Armintor. and Meltzer NAYS (1): Council Member Briggs B ID 20-1694 Consider adoption of an ordinance amending Ordinance No. 20-741 postponing the election to be held in the City of Denton, Texas, on May 2, 2020 and, if a runoff election is required, on June 13, 2020, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, to November 3, 2020 by extending early voting; confirming candidate filings; providing dates for voter registration and applications for a ballot by mail; authorizing the City Manager and City Secretary to coordinate with the Elections Administrator of Denton County as necessary; providing a savings clause; providing an open meetings clause; and providing an effective date ASSIGNED ORDINANCE NO. 20-1694 There were no online registrations or call-ins on the item. Items 5.B (ID 20-1694) and 5.C (ID 20-1695) were collectively read into the record, presented, and discussed, but voted on individually. Citizen comments received are noted in Exhibit A. 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 Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None City of Denton City Council Minutes September 15, 2020 Page 10 C.ID 20-1695 Consider adoption of an ordinance amending Ordinance No. 20-742 postponing the special election to be held in the City of Denton, Texas, on May 2, 2020 and, if a runoff election is required, on June 13, 2020, to fill a vacancy in Districts 1 and 2 for the unexpired term ending in May, 202 1, to November 3, 2020 by extending early voting; confirming candidate filings; providing dates for voter registration and applications for a ballot by mail; authorizing the City Manager and City Secretary to coordinate with the Elections Administrator of Denton County as necessary; providing a savings clause; providing an open meetings clause; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1695 There were no online registrations or call-ins on the item. Items 5.B (ID 20-1694) and 5.C (ID 20-1695) were collectively read into the record, presented, and discussed, but voted on individually. Following discussion, Council Member Ryan moved to adopt the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. 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- 1871 Consider approval of a resolution of the City of Denton expressing support for Mayor Watts to approve certain outdoor components of the North Texas Fair and Rodeo organized by the North Texas State Fair Association to be held October 16-24, 2020 at 221 N. Carroll Boulevard in compliance with Governor Abbott’s executive orders regarding outdoor gatherings; and providing an effective date. NOT APPROVED 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 summary of public commentary/registration(s) is noted in Exhibit A. The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. The meeting was recessed for a short break at 8:39 p.m. and reconvened at 8:45 p.m. Following discussion, Council Member Davis moved to adopt the item as presented. Motion died for lack of a second. City of Denton City Council Minutes September 15, 2020 Page 11 E.ID 20-1749 Consider adoption of an ordinance of the City of Denton approving a City co- sponsorship to the North Texas State Fair Association in an amount not to exceed $6,501 of in-kind services and resources for the Annual North Texas Fair and Rodeo Parade, which will be held on Saturday, October 17, 2020, at 10:00 a.m., at the historic downtown square; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1749 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. Following discussion, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, and Ryan NAYS (2): Council Members Armintor and Meltzer F ID 20-1755 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a fourth amendment to a Professional Services Agreement between the City of Denton and Graham Associates, Inc., amending the contract approved by City Council on January 10, 2017, in the not-to-exceed amount of $900,256.25; amended by Amendments 1 - 3 approved by the City Council, City Manager and Purchasing; said fourth amendment to provide additional engineering services to the Bonnie Brae Phase 4 1-35 Scripture project; providing for the expenditure of funds therefor; and providing an effective date (File 6285 - providing for an additional fourth amendment expenditure amount not-to-exceed $594,234.70, with the total contract amount not-to-exceed $1 ,871 ,640.95). ASSIGNED ORDINANCE NO. 20-1755 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 Mayor Pro Tem Hudspeth. Motion calried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and Meltzer NAYS (2): Council Members Briggs and Armintor City of Denton City Council Minutes September 15, 2020 Page 12 G.ID 20-1786 Consider adoption of an ordinance of the City of Denton, Texas, granting the North Texas State Fair Association an exception pursuant to section 17-20 of the City of Denton code of ordinances, with respect to sound levels and hours of operation for the North Texas Fair and Rodeo, which will be held October 16-24, 2020 at 221 N. Carroll Boulevard; granting a variance in the hours of operation for said dates on Monday through Thursday from 10:00 p.m. to midnight, Friday and Saturday from 10:00 p.m. to 1 :00 a.m., and Sunday from 11:00 a.m. to 11:00 p.m., with sound not to exceed 70 decibels; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1786 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Citizen comments received are noted in Exhibit A Following discussion, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, and Ryan NAYS (2): Council Members Armintor and Meltzer H AESA20-0003d 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 thereof; providing a severability clause and an effective date. (AESA20-0003d, Christi Upton) ASSIGNED ORDINANCE NO. AESA20-OO03d 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 summary of public commentary/registration(s) is noted in Exhibit A. The item was presented and discussion followed. At 10:02 p.m., the City Council convened into an Executive Session pursuant to Chapter 551 of the Texas Government Code, Section 551.071, (Consultation with Attorneys). The Executive Session started at 10:11 p.m. and ended at 10:13 p.m. No votes or actions were taken during the Executive Session. City of Denton City Council Minutes September 15, 2020 Page 13 Following discussion, Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor 1.ID 20-1882 Consider adoption of an ordinance of the City of Denton, Texas, Authorizing the City Manager to execute the certified local government subgrant fiscal year 2021 grant letter of support for Historic Denton Inc., relating to the Texas Historic Commission Certified Local Government (CLG) grant to conduct a historical survey of the North Texas State normal neighborhood for nomination as a National Historic District. POSTPONED TO OCTOBER 22 The item was postponed to October 22, 2020 at Staffs request. J.S20-0004b 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 16.2 acres of land, generally located on the northwest corner of Duchess Drive and Loop 288, 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 recommended approval (6-0). (S20-0004b, Denton Grove Apartments, Julie Wyatt) ASSIGNED ORDINANCE NO. S20-OO04b There were no online registrations or call-ins on the item. The item was not presented or discussed. 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 K S20-0004c Consider adoption of an ordinance approving an Escrow Agreement between the City of Denton, Texas, and Pedcor Investments, A Limited Liability Company, regarding Pedcor’s funding of Traffic Control Facilities to be constructed at the intersection of Duchess Drive and S. Loop 288 ($400,000); authorizing the City Manager, or his designee, to execute the same; approving the expenditure of funds therefor; and declaring an effective date. (S20- 0004c, Denton Grove Apartment) ASSIGNED ORDINANCE NO. S20-0004c There were no online registrations or call-ins on the item. City of Denton City Council Minutes September 15, 2020 Page 14 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 (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None 6. PUBLIC MEETING A. ID 20-1544 Hold a public meeting on a proposal to adopt a tax rate of $0.590454 with a maximum allowable rate of $0.615454 per $100 valuation, which will not exceed the lower of the non-new revenue rate or the voter approval tax rate. Public comments will be received in accordance with the public hearing process 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 summary of public commentary/registration(s) is noted in Exhibit A. The public meeting was opened for public comment and citizen comments received are noted in Exhibit A. With no other callers on queue, the public meeting was closed. 7. PUBLIC HEARINGS A 220-0007a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Rural Residential (RR) District to General Office (GO) District on approximately 55.37 acres of land generally located on the west side of Interstate Highway 35, approximately 680 feet north of Bmthold Road, 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 thereoe providing a severability clause and an effective date. The Planning and Zoning Commission voted [7-0] to approve the request with conditions. (220-0007a, Primoris Corporate Offices, Hayley Zagurski) ASSIGNED ORDINANCE NO. 220-0007a There were no online registrations/call-ins on the item. The item was presented and discussion followed. The public hearing was opened and with no callers on queue, the public hearing was closed. City of Denton City Council Minutes September 15, 2020 Page 15 Following discussion, Council Member Meltzer moved to adopt the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. 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 20-1543 Hold a public hearing and receive citizen input on the FY 2020-21 Proposed Budget. 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 summary of public commentary/registration(s) is noted in Exhibit A. The public hearing was opened and citizen comments received are noted in Exhibit A. The meeting was recessed for a short break at 1 1 :25 p.m. and reconvened 11 :34 p.m. Citizen comments continued. With no other callers on queue, the public hearing was closed. No formal action was taken as the item was only a public hearing. C S19-0013b 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. (S19-0013b, Mingo Road Apartments, Julie Wyatt) ASSIGNED ORDINANCE NO. S19-O013b The item was presented and discussion followed. 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 summary of public commentary/registration(s) is noted in Exhibit A. The public hearing was opened and citizen comments received are noted in Exhibit A. With no other callers on queue, the public hearing was closed. City of Denton City Council Minutes September 15, 2020 Page 16 Following discussion, Mayor Pro Tem Hudspeth moved to deny the item as presented. Motion seconded by Council Member Meltzer. Motion failed. AYES (3): Mayor Pro Tem Hudspeth and Council Members Briggs and Mehzer NAYS (4): Mayor Watts and Council Members Davis, Ryan, and Armintor Following further discussion, Council Member Ryan moved to adopt the item as presented. Motion seconded by Council Member Armintor. Motion carried. AYES (4): Mayor Watts and Council Members Davis, Ryan, and Armintor NAYS (3): Mayor Pro Tem Hudspeth and Council Members Briggs and Meltzer D.PD20-0003a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Detailed Plan for a charter school on a 37.3 acre phase of Planned Development District No. 139 (The Vintage), generally located on the southeast corner of Vintage Boulevard and 1-35W Vintage Boulevard Ramp intersection, 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 $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted (7-0) to approve the request. (PD20-0003b, PD 139; Charter School, Julie Wyatt) ASSIGNED ORDINANCE NO. PD20-0003a There were no online registrations/call-ins on the item. The item was presented and discussion followed. The public hearing was opened and with no callers on queue, the public hearing was closed. Following discussion, Council Member Briggs moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None 8. CONCLUDING ITEMS Council Members expressed item of interest. City of Denton City Council Minutes September 15, 2020 Page 17 With no further business, the meeting was adjourned on Wednesday, September 16, 2020, at 12:34 a.m. dr${UDC MAYOR PRO TEM FOR CHRIS WATTS MAYOR CITY OF DENTON, TEXAS Zn'++76 kTpTAk–ER DEkUTy CITY SECRETARY CITttlf DENTON, TEXAS MINUTES APPROVED ON aaA„Aama aIn {,lig ia#Sh .e =' 1 GIn g gIgi L go6 E ja b { lid:a la hDa qa E &B eB3 hD qa ;aaaQ ?1) Ll0alaal If:H heg Eqja eaUl a +WO n•Hll•l 1{ ? 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