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October 13, 2020 minutesCITY OF DENTON CITY COUNCIL MINUTES October 13, 2020 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, October 13, 2020, at 12:01 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 special 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. WORK SESSION 1.Citizen Comments on Consent Agenda Items 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. 2 Requests for clarification of agenda items listed on this agenda. • Clarification was requested on the following items: o Council Member Briggs: Items 2.F. (20-1996) and 2.1. (20-1909) o Mayor Watts: Item 2.L (20-2087) •The following item(s) were pulled for Individual Consideration: o Council Member Davis: Items 2.A (20-1918) and #2.K (20-2086) +NOTE: The item was pulled for Individual Consideration at the time the Consent Agenda was presented for consideration at the Regular Meeting that followed. o Council Member Armintor: Items 2.B (20-1919), 2.C. (20-2056), and 2.E. (20-1995) City of Denton City Council Minutes October 13, 2020 Page 2 3 . Work Session Reports A. ID 20-1664 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. Dr. Matt Richardson, Denton County Public Health Director, also presented material on the item The work session was recessed for a short break at 1 :25 p.m. and reconvened at 1:35 p.m. Following discussion, City Council consensus was for library, animal shelter, parks operations, and senior services to continue as presented; with attendance at sport programs/events to follow guidelines established by the Governor’s Orders. Further, Staff to provide the triggers that could result in bars being closed once open under the Governor’s Order, what would happen if the 51% threshold for alcohol should be greater, as well as if the limitation of three housing assistance payments applies under throughout the continuation of the program. Staff to return at the next meeting asking for additional funding to provide housing assistance for the months of November and December. B ID 20-2084 Receive a report, hold a discussion, and give staff direction on a proposed Advisory Board to the Chief of Police following the ad-hoc Use-of-Force Committee recommendations and City Council discussion on October 5, 2020 on a proposed Advisory Board and its components, including whether the scope of the Board should be expanded, or create a Public Safety Community Relations Board, to include not only advising the Chief of Police on use of force situations and closely related topics but to provide input and advice to both the Chief of Police and Fire Chief on other issues such as community engagement and recruitment & hiring. The item was presented and discussion followed. Following discussion, changes requested to the proposed ordinance was as follows: • • Change removal of the board being required from “the City Council” rather than “the entire City Council”; Membership shall consist of 11 members total: 7 citizens appointed by each Council Member, 4 appointed by the City Manager (as presented and to include one member from the Denton Municipal Police Association), with Police Chief appointing 5 non- voting members); Provide that appointees could not have served as a CITY OFFICIAL for two years prior to his/her date of appointment to the BOARD Maintain the Scope as proposed by the Mayor’s Ad-Hoc Use of Force Committee; • • City of Denton City Council Minutes October 13, 2020 Page 3 • • Board be exempt from the Open Meetings Act, except that agendas shall be posted 72 hours in advance; Board be exempt from City Code Section 2-29 which states City Boards, Commissions and Committees are subject to the Texas Open Meetings Act, with Chief reporting semi-annually but can do so more if the need is determined by the Chief, with agendas being required to be posted 72 hours in advance of any meeting of the board; and Members will be required to sign a confidentiality agreement, with a violation being cause for removal and possible criminal prosecution. Included in the Purpose of the board to the area of Mental Health and wellness of Police Officers in general, not of a specific individual officer. • • The work session was recessed for a short break at 2:53 p.m. and reconvened at 3:03 p.m. C. ID 20-1470 Receive a report, hold a discussion, and give staff direction regarding an overview of the previous February 25, 2020 Council work session, federal and state civil rights law, summary of a recent Supreme Court decision regarding employment matters, and research of comprehensive non-discrimination ordinances. The item was presented and discussion followed. Following discussion, City Council consensus was to include language there will be no discrimination on source of income for veteran although additional discussion would be needed; detail, if prohibited by local ordinance and not covered by HUD, on what the investigative, mediation, and prosecution processes will be; staff to provide additional information on complaints received by HUD relating to housing discrimination referred by the City; and schedule another work session to further discuss the noted topics. The work session was recessed for a short break at 4:23 p.m. and reconvened at 4:31 p.m. D. ID 20-1794 Receive a report, hold a discussion and give staff direction regarding the creation of a Sustainability Advisory Committee to advise City Council on implementation of Simply Sustainable -A Framework for Denton’s Future. The item was presented and discussion followed. Following discussion, City Council consensus was for a 7-member advisory board appointed by the City Council, 2 year/staggered terms, with 4 members having specific expertise in the field and three members at-large. City of Denton City Council Minutes October 13. 2020 Page 4 E. ID 20-1476 Receive a report, hold a discussion, and give staff direction regarding the Stoke Denton Entrepreneur Center, the associated lease and sublease agreements, and the management agreement with Hickory & Rail Ventures, LLC. The item was presented and discussion followed. Following discussion, City Council consensus was to amend the management agreement and sublease with HRV to align with terms of City’s lease with Rail Yard Partners and end on June 30, 2021 and a continuation of past direction; transition Stoke to HRV with some financial assistance or programming support from City. The Work Session ended at 5:36 p.m. CLOSED MEETING 1. The City Council convened into a Closed Meeting at 5 :36 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. A.ID 20-2015 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City’s attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City’s attorneys with direction, where a public discussion of these legal matters would clearly 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. DELIBERATED The Closed Meeting started at 5:46 p.m. and ended at 6:20 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, October 13, 2020, at 6:36 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 Deputy City Attorney Mack Reinwand. City of Denton City Council Minutes October 13, 2020 Page 5 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 special called 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. 2. CONSENT A(,ENDA The Consent Agenda consisted of Items 2. A-L. During the Work Session held earlier in the day, Items 2.B (20-1919), 2.C (20-2056), and 2.E. (20-1995) were pulled for Individual Consideration by Council Member Armintor and Item 2.K (20-2086) was pulled for Individual Consideration by Council Member Davis. At the time the Consent Agenda was presented, Item 2. A (20-1918) was also pulled for Individual Consideration by Council Member Davis. Council Member Briggs moved to adopt the Consent Agenda now consisting of Items 2.D, 2.F-J, and 2.K. Motion seconded by Council Member Meltzer. 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 20-1918 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute an Interlocal Agreement in the form of a Memorandum of Understanding with the Denton Independent School District (DISD), for reimbursement to the City in the estimated amount of $609,276 for compensation and benefits of student resource officers (SROs) assigned at DISD for the period of July 1, 2020, through June 30, 2021, and providing an effective date. ASSIGNED ORDINANCE NO. 20-1918 D ID 20- 1973 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to accept the TexTreasures Grant #TXT-21007 for SFY 2021 (Federal Award Identification No. LS-246193-0LS-20) from the Texas State Library and Archives Commission through the Institute of Museum and Library Services in the amount of $24,820.00 for the period of September 1, 2020 through August 3 1, 2021; authorizing the City Manager to carry out all duties of the City pursuant to the grant; providing a savings clause; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1973 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. City of Denton City Council Minutes October 13, 2020 Page 6 F. ID 20-1996 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive bids under IFB 7463 for Landscape & Grounds Maintenance; and providing an effective date (IFB 7463). ASSIGNED ORDINANCE NO. 20-1996 G.ID 20-1997 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with GT Distributors, Inc., through the Buy Board Cooperative Purchasing Network Contract # 603-20, for the purchase of public safety equipment and supplies for the Denton Police and Fire Departments; providing for the expenditure of funds therefor; and providing an effective date (File 7479 - awarded to GT Distributors, Inc., in the not-to-exceed amount of $393,000). ASSIGNED ORDINANCE NO. 20-1997 H.ID 20-1998 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with BWI, Inc., through the Buy Board Cooperative Purchasing Network Contract # 611-20, for the acquisition of turf grass seeds, tools, and landscape supplies for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (File 7496 - awarded to BWI, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $75,000), ASSIGNED ORDINANCE NO. 20-1998 I I. ID 20-1909 Consider approval of a resolution of the Council of the City of Denton revising the City’s Harassment Prevention Policy; and providing an effective date. ASSIGNED RESOLUTION NO. 20-1909 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. J. ID 20-2092 Consider approval of the minutes of October 5, 2020. APPROVED L ID 20-2087 Consider adoption of an ordinance of the City of Denton, Texas, delegating Historic Denton Inc. as a Third Party Administrator to apply for the Fiscal Year 2021 Certified Local Government Subgrant through the Texas Historical Commission for a Historical Survey of an area selected and approved by the Texas Historical Commission and for Nomination as a National Historic District; Authorize the Mayor and City Manager to sign the grant application on behalf of the City; and providing for an effective date. ASSIGNED ORDINANCE NO. 20-2087 t +1 1 1 City of Denton City Council Minutes October 13. 2020 Page 7 ITEMS PULLED FOR INDIVIDUAL CONSIDERATION A.ID 20-1918 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute an Interlocal Agreement in the form of a Memorandum of Understanding with the Denton Independent School District (DISD), for reimbursement to the City in the estimated amount of $609,276 for compensation and benefits of student resource officers (SROs) assigned at DISD for the period of July 1, 2020, through June 30, 2021, and providing an effective date. ASSIGNED ORDINANCE NO. 20-1918 Pulled for Individual Consideration by Council Member Davis. 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 its deliberation. There were no online registrations or call-ins on the item. The item was not presented and no discussion followed. Council Member Ryan moved to adopt the item as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (6): Mayor Chris Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSTAIN (1): Council Member Davis B ID 20-1919 Consider adoption of an ordinance of the City of Denton, Texas, establishing classifications and positions in the Police Department; creating and abolishing certain positions; repealing ordinance No. 19-2943 relating to establishing the classifications and prescribing the number of positions in each classification for the Police Department; providing repealer, cumulative, and severability clauses; and declaring an effective date. ASSIGNED ORDINANCE NO. 20-1919 Pulled for individual Consideration by Council Member Armintor. There were no online registrations or call-ins on the item. The item was not presented and no discussion followed. Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (6): Mayor Chris Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor City of Denton City Council Minutes October 13, 2020 Page 8 C.ID 20-2056 Consider adoption of an ordinance of the City of Denton authorizing an Amended and Restated Sponsorship Agreement between the City of Denton and North Texas State Fair Association, Inc., for the purpose of the 2020 and 2021 North Texas Fair and Rodeo Kids Zone sponsorship; providing for the expenditure of funds; and providing for an effective date. ASSIGNED ORDINANCE NO. 20-2056 Pulled for Individual Consideration by Council Member Armintor. t- There were no online registrations or call-ins on the item. The item was not presented and no discussion followed. Council Member Ryan moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Chris Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor E ID 20-1995 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 Peak Program Value, LLC, a Colorado Limited Liability Company, for program management services for the construction phase of the Public Safety Buildings (Police Headquarters, Police Substation, and Firing Range) and additional services for new or renovations of City buildings as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7425 - Professional Services Agreement for Program Management Services awarded to Peak Program Value, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year term; approval of Task Order #1 for construction phase services for the Public Safety Buildings in a not to exceed amount of $696,074). ASSIGNED ORDINANCE NO. 20-1995 Pulled for Individual Consideration by Council Member Armintor. There were no online registrations or call-ins on the item. The item was not presented and no discussion followed. Council Member Ryan moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Chris Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor City of Denton City Council Minutes October 13. 2020 Page 9 K.ID 20-2086 Consider adoption of an ordinance of the City of Denton approving a Joint Election Agreement and Contract for election services with Denton County for joint election services for the Denton regular municipal election being held for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 and a special municipal election for the purpose of filling a vacancy in Districts 1 and 2 for the unexpired term ending in May, 2021, to be held on November 3, 2020 within said City at a total estimated cost of $78,840.83; and providing an effective date. ASSIGNED ORDINANCE NO. 20-2086 Pulled for Individual Consideration by Council Member Davis. There were no online registrations or call-ins on the item. 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 its deliberation. The item was not presented and no discussion followed. Council Member Ryan moved to adopt the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (6): Mayor Chris Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSTAIN (1): Council Member Davis 3. ITEMS FOR INDIVIDUAL CONSIDERATION A ID 20-1994 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 Professional Services Agreement between the City of Denton and RPS Infrastructure, Inc., amending the contract approved by City Council on September 18, 2018, in the not-to-exceed amount of $2,03 1,479.50; amended by Amendment 1 approved by City Council; said second amendment to provide additional engineering and design services relating to the Bonnie Brae Phase 6 - University (US 380) to Loop 288 street improvement project; providing for the expenditure of funds therefor; and providing an effective date (File 6590-032 - providing for an additional second amendment expenditure amount not-to-exceed $340,609, with the total contract amount not-to-exceed $2,769,848.50). ASSIGNED ORDINANCE NO. 20-1994 There were no online registrations or call-ins on the item. The item was presented and no discussion followed. City of Denton City Council Minutes October 13, 2020 Page 10 Council Member Ryan moved to adopt the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and Meltzer NAYS (2): Council Members Briggs and Armintor B.ID 20-2009 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 Burns & McDonnell, Inc., for the supply of a solid waste management strategy for the Solid Waste and Recycling Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7281 - awarded to Burns & McDonnell, Inc., in the not-to-exceed amount of $155,250). ASSIGNED ORDINANCE NO. 20-2009 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 postpone the item. Motion died for lack of a second. Council Member Davis 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 C ID 20-2039 Consider adoption of an ordinance of the City of Denton prohibiting parking on Kimberly Drive between Morse Street and Karina Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. ASSIGNED ORDINANCE NO. 20-2039 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. City of Denton City Council Minutes October 13, 2020 Page 11 Following discussion, Council Member Ryan 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 4. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A ID 20-2100 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of various (1) fee simple tracts, (I1) temporary construction easements, and (II1) a permanent drainage easement, generally located along North Bonnie Brae Street, south of U.S. Highway 77 (North Elm Street) and north of U.S. Highway 380 (University Drive), situated in the F. Batson Survey - Abstract No. 43, the N.H. Meisenheimer Survey - Abstract 810, the J. Collard Survey - Abstract No. 297, and the N. Wade Survey - Abstract 1407, all in the City and County of Denton, Texas, and more particularly described in the attached Exhibit " A’' (collectively 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 initial and final offers required by law; authorizing the use of the power of eminent domain to condemn the property interests if 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. 20-2100 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Ryan 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 various fee simple tracts, temporary construction easements, and a drainage easement generally located along north Bonnie Brae Street, south of U.S. Highway 77 (North Elm Street) and north of U.S. Highway 380 (University Drive), situated in the F. Batson Survey – Abstract No. 43, the N.H. Meisenheimer Survey – Abstract 810, the J. Collard Survey – Abstract No. 297, and the N, Wade Survey – Abstract 1407, all in the City and County of Denton, Texas, and being-more particularly described in Exhibit “ N’ to the ordinance now under consideration and on the screen, now being displayed for the audience, all of which are for a valid public use, necessary to provide for the construction, operation, and maintenance of the municipal roadway system improvements necessary for the Bonnie Brae Street Widening and Improvements Project – Phase 6, said project to serve the public and citizens of the City of Denton. City of Denton City Council Minutes October 13, 2020 Page 12 The special called meeting was recessed to fix visual technical issues at 7:31 p.m. and reconvened at 7:37 p.m. Council Member Ryan republished his motion that the City of Denton, after having made the offers required by state law, use the power of eminent domain, if needed, to acquire various fee simple tracts, temporary construction easements, and a drainage easement generally located along north Bonnie Brae Street, south of U.S. Highway 77 (North Elm Street) and north of U.S. Highway 380 (University Drive), situated in the F. Batson Survey – Abstract No. 43, the N.H. Meisenheimer Survey – Abstract 810, the J. Collard Survey – Abstract No. 297, and the N. Wade Survey – Abstract 1407, all in the City and County of Denton, Texas, and being more particularly described in Exhibit 'W’ to the ordinance now under consideration and on the screen, now being displayed for the audience, all of which are for a valid public use, necessary to provide for the construction, operation, and maintenance of the municipal roadway system improvements necessary for the Bonnie Brae Street Widening and Improvements Project – Phase 6, said project to serve the public and citizens of the City of Denton. Following visual display of the plat and legal description information for the noted properties, motion seconded by Council Member Meltzer. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and Meltzer NAYS (2): Council Members Briggs and Armintor 5. CONCLUDING ITEMS Council Members expressed item of interest. With no further business, the meeting was adjourned at 7:49 p.m. a CATHY WELBORN ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS Gc.to\bec tI, r020 P a t f • J S P r q l