CITY OF DENTON CITY COUNCIL MINUTES March 20, 2018

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1 CITY OF DENTON CITY COUNCIL MINUTES After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, at 1:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Briggs, Council Member Duff, Council Member Ryan, Council Member Gregory, Mayor Pro Tem Bagheri, and Mayor Watts. ABSENT: Council Member Hudspeth 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for. Staff responded to Council's requests for clarification on the following items: Council Member Gregory Consent - Agenda Items D, E and F Council Member Briggs - Consent Agenda Item T Mayor Watts - Consent Agenda Items P and Q Council Member Hudspeth arrived at the meeting. 3. Citizen Comments on Ethics Related Work Session Report Items There were no citizen comments on Ethics Related Work Session Report Items. 4. Work Session Reports A. ID Receive a report, hold a discussion, and give staff direction regarding the City s Delinquent Tax Collection Contract. Bryan Langley, Deputy City Manager, presented information on the delinquent tax collection services contract options. The current contract would expire in June. He reviewed the collection history, contract history, 2016 recommendation, 2016 Council discussion, clarifications from law firms in 2016, and Council action in Conclusions and recommendations were noted. Council discussion included: Whether to consider an RFQ process What complaints had been received regarding the current firm - if there were complaints, how to get those to the Council for consideration of contract renewal What amount of delinquent taxes were less than $600 in conjunction with additional fees that were added on to these types of accounts. Consensus of the Council was to proceed with Option 1 and work on communications regarding the process of the collection of taxes.

2 Page 2 B. ID Receive a report, hold a discussion, and provide direction concerning a Management Study for Water, Wastewater, and Denton Municipal Electric. Kenny Banks, General Manager of Utilities, presented the information on the Management Study which was a Charter requirement. He noted the background information on the study, the comparative analysis of significant operational costs, outsourcing, deliverables, and project schedule. Council discussion included: The amount of current outsourcing Include customer service in terms of on-line information Whether the study would give a look at how competitive Denton was with the surrounding area Whether the study would include long range planning for such areas as water and wastewater The study would provide strategic information on how to plan for the future C. ID Receive a report, hold a discussion, and give staff guidance on a proposed amendment to the Denton Development Code to remove a limitation on the square footage and number of truck bays for the Distribution Center/Warehouse, General and Warehouse, Retail uses in the Employment Center Districts. Richard Cannone, Interim Planning Director, reviewed the amendment request for the EC-I and EC-C zoning districts. The request was to remove the limitation on the number of truck bays and the limitation on the square footage. He presented the staff recommendation for Council consideration. Council discussed: The change would only apply to the two noted zoning districts Whether there was a potential project that stimulated this proposed amendment Consensus of the Council was to proceed with the staff recommendation. D. ID Receive a report, hold a discussion, and give staff direction regarding a draft ethics ordinance from attorney Alan Bojorquez. Alan Bojorquez presented information on draft "B of the proposed ordinance noting the changes made from "A" to "B" that included adding wording to the Purpose 3-106; adding clarifying language in Prospective section 3-107; adding clarifying information on Applicability 3-108; adding and modifying various terms in section 3-109; adding clarifications on Expectations in 3-111; adding clarifications on time frame in Mandates: Duty of Report in 3-112; adding language in Prohibitions - Conflict of Interest in terms of disclosure, business entity and deliberations; adding clarification to the wording of Prohibitions: Gifts 3-113; and adding clarification on Prohibitions: Representation of Others Council discussed:

3 Page 3 Whether to include mandatory disclosure of potential conflicts that would be above recusing from discussion/vote on items Optional consideration would be acceptable but not mandatory Revise the current form to include a voluntary disclosure portion; not include in the ordinance but have as a city policy If there were a conflict in the past 12 months that came to a vote but no longer had that conflict at this moment, would disclose the previous conflict but could vote on the item. Bojorquez continued that language was added to Implementation; Staffing in terms of a conflicts log and City Manager performing the City Auditor duties if a complaint was against the City Auditor; added language regarding Board of Ethics 3-117; added clarification for complaints ; clarified language in Preliminary Assessment 3-120; clarified language in Meetings for representation, postponements, number for a quorum; and General Procedural clarifications added He noted that there was nothing covering nepotism at this time and reviewed proposed provisions which mirrored State law. He presented future discussion dates. Umesh Dalal, City Auditor, noted that he would not have an issue if a complaint were against his office and the City Manager s Office handled the administrative procedures for the complaint. Council questioned designating the City Auditor as the prime department to handle ethics complaints. Dalal indicated he had no problem with the proposed procedure. City Manager Hileman noted that the City Charter had a prohibition with hiring within second or third degree which also related to department heads. Consensus of the Council was that as it was currently in the Charter, there was no need to include it in the ethics ordinance. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. ID New Horizons Senior Band Day Mayor Watts presented the proclamation to the New Horizons Senior Band Day. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public.

4 Page 4 1. ID Christopher Klabunde regarding a statement of concern regarding Storrie Parachute Works, Inc. Mr. Klabunde presented information regarding the sale of semi-automatic weapons by Storrie Parachute Works, Inc. in Denton. He expressed his concern regarding this business and suggested there should be zoning where these types of weapons could be sold. C. Additional Citizen There were no additional citizen reports. 4. CONSENT AGENDA Mayor Pro Tem Bagheri motioned, Council Member Ryan seconded to adopt the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No A. ID Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with the City of Haltom City, Texas, under Chapter 791 of the Texas Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File Interlocal Cooperation Agreement with the City of Haltom City). Approved the minutes listed below. B. ID Consider approval of the minutes of February 5, February 6, February 13, February 15, February 20, and February 27, Ordinance No C. ID Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Keep Denton Beautiful, Inc. for the sponsorship of the Great American Cleanup, Denton Redbud Festival, Community Tree Giveaway, Neighborhood Beautification Grants, Environmental Education Grants, and Mural Art Initiative; providing for the expenditure of funds therefor; and providing for an effective date. ($11,500) The Public Utilities Board recommends approval (6-1). Ordinance No D. ID Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement (LPAFA) for a Congestion Mitigation and Air Quality (CMAQ) Improvement Project (construction of sidewalks for the Wilson and Pecan Creek

5 Page 5 Elementary School areas) with the Texas Department of Transportation (TxDOT) for receiving federal and state funding of $401,623, with a local match of $100,284, for a total project cost of $501,907; authorizing the expenditure of funds; and providing an effective date. Ordinance No E. ID Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of sidewalks for the Ginnings and Lee Elementary School areas) with the Texas Department of Transportation for receiving federal funding of $762,311 and state funding of $54,029 with a local match of $190,577 for a total project cost of $1,006,917; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No F. ID Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute an Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project (construction of multi-use sidepath on Sycamore Street and bike lanes on Welch Street) with the Texas Department of Transportation for receiving federal funding of $762,508 and state funding of $36,491 with a local match of $190,627 for a total project cost of $989,626; authorizing the expenditure of funds therefor; and providing an effective date. Resolution No G. ID Consider approval of a resolution allowing Mi Casita to sell alcoholic beverages for the Cinco de Mayo Festival, on Saturday, May 5, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (4-0). Ordinance No H. ID Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Cinco De Mayo Festival, pursuant to Section of the Code of Ordinances, a noise exception on Saturday, May 5, 2018, at Quakertown Park; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba from 10 a.m. until 10 p.m.; and providing an effective date. Ordinance No I. ID Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $15,200 of in-kind services and resources for the Denton Cinco de Mayo Festival on Saturday, May 5, 2018, at Quakertown Park; and providing an effective date.

6 Page 6 Resolution No J. ID Consider approval of a resolution allowing Profest, Inc. to sell alcoholic beverages for the Denton Arts & Jazz Festival, Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Ordinance No K. ID Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Arts & Jazz Festival, pursuant to Section of the Code of Ordinances, a noise exception Friday, April 27, and Saturday, April 28, from 10 p.m. to midnight; and Sunday, April 29, 2018, from 11 a.m. to 10 p.m. at Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. Ordinance No L. ID Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $165,000 of in-kind services and resources for the Denton Arts & Jazz Festival on Friday, April 27, through Sunday, April 29, 2018, at Quakertown Park; and providing an effective date. Ordinance No M. ID Consider adoption of an ordinance of the City of Denton, Texas, granting The Village Church Denton, pursuant to Section of the Code of Ordinances, a noise exception on Sunday, April 8, 2018, from 10 a.m. until 4 p.m. at North Lakes Park; granting a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. Ordinance No N. ID Consider adoption of an ordinance of the City of Denton, Texas granting the Thin Line Film Festival, pursuant to Section of the Code of Ordinances, a noise exception Wednesday, April 18, through Sunday, April 22, 2018; granting an increase in sound levels for an outdoor music festival from 70 to 75 dba and a variance in hours of operation each day from noon until 11 p.m. on the Denton County Courthouse lawn; and providing for an effective date. Ordinance No O. ID Consider adoption of an ordinance creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code as a requirement before authorizing impact fees; appointing the Planning and Zoning Commission members as members of the Capital Improvements Advisory Committee; providing for the appointment of one additional ad hoc member the Capital Improvements Advisory Committee from the Extraterritorial Jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the Capital Improvements Advisory Committee to follow in performing out its duties; and providing for an effective date.

7 Page 7 Ordinance No P. ID Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of this First Amendment to a contract with Graham Associates, Inc., for engineering services relating to Bonnie Brae Phase 5 Improvements from North of Scripture to Highway 380; providing for the expenditure of funds therefor; and providing an effective date (File providing for an additional expenditure amount of $271,813.08, for a total contract amount of $1,103,009.58). Ordinance No Q. ID Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of the First Amendment to a contract with Graham Associates, Inc., for engineering services relating to Bonnie Brae Phase 4 Improvements from IH 35E to north of Scripture Road; providing for the expenditure of funds therefor; and providing an effective date (File providing for an additional expenditure amount of $303,960.25, for a total contract amount of $1,204,216.50). Ordinance No R. ID Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperation Agreement with the University of North Texas under Chapter 791 of the Texas Government Code, to authorize the City of Denton to participate in a project to develop a strategic staffing plan which will assess the current staffing levels within the patrol and communications divisions and making projections and recommendations for staffing needs over the next five years; authorizing the expenditure of funds therefor; and declaring an effective date (File 6741-Interlocal Cooperation Agreement with the University of North Texas in the amount of $21,505). Ordinance No S. ID Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Friends with Benefits for the purpose of expenses for outings for the children at Cumberland Children s Home; providing for the expenditure of funds therefor; and providing for an effective date. ($160) Ordinance No T. ID Consider adoption of an ordinance of the City of Denton approving a tariff authorizing an annual Rate Review Mechanism ("RRM") as a substitution for the annual interim rate adjustment process defined by Section of the Texas Utilities Code, and as negotiated between Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company") and the Steering Committee of Cities served by Atmos; requiring the company to reimburse Cities reasonable ratemaking expenses; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the open meetings act; declaring an effective date; and

8 Page 8 requiring delivery of this ordinance to the company and legal counsel for the Steering Committee. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No A. ID Consider approval of a resolution replacing the current City of Denton Policy for Tax Abatement and Incentives to establish guidelines and criteria governing tax abatement agreements and other types of incentive agreements. Caroline Booth, Director of Economic Development, presented the background information concerning the policy including when the policy revision process started, primary changes to the policy, recommendation from the Economic Development Partnership Board and key points of the policy. Council discussed the time parameters for the length of the incentives. Council Member Ryan motioned, Council Member Gregory seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Resolution No B. ID Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a primary representative to the Denton County Transportation Authority Board of Directors and consider nominations for an alternate representative to the Denton County Transportation Board of Directors; and providing an effective date. Mark Nelson, Director of Transportation, presented the staff report on the DCTA Board representation. He noted the current primary representative and alternate representative, the length of Board service and eligibility, and options for Council to consider regarding the reappointment of the primary representative and nominations for an alternate. Council Member Gregory motioned, Council Member Briggs seconded to approve the resolution with Option 1 relative to the reappointment of Richard Huckabee and consider nominations for an alternate at a later meeting. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", and Mayor Watts "aye". Mayor Pro Tem Bagheri "nay". Motion carried. 6. PUBLIC HEARINGS A. ID Hold a public hearing regarding a draft ethics ordinance from attorney Alan Bojorquez.

9 Page 9 Alan Bojorquez presented the report on the draft ethics ordinance which had an associated public hearing at this meeting. He noted key dates in the process for drafting the proposed ordinance, the consideration of many options in the review process which crafted a code directly for Denton. He reviewed key portions of the proposed ordinance in terms of purpose, applicability, expectations, mandates, prohibitions, training, the creation of a Board of Ethics which would be responsible for advisory opinions, procedures for complaints, preliminary assessment, meeting procedures for the Board of Ethics, procedures for disposition of a complaint, and reconsideration procedures. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Mayor Watts noted that David Zoltner was not present at the meeting but submitted comments which were read by the Mayor Ken Gold expressed his opinion on full disclosure Deb Armintor presented suggestions on revisions to various portions of the proposed ordinance. The Mayor closed the public hearing. No action was required on this item at this time. Council discussion included: A time line for HR policy for employees Consideration of disclosure for business partners Consider adding PUB to the ordinance Include wording on filing form regarding business partners for conflict of interest forms Distinction between recusal and disclosure Consider dividing the recusal versus disclosure provisions Ordinance No. Z d B. Z d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from Neighborhood Residential 2 (NR- 2) district and use classification to a Regional Center Commercial Downtown (RCC- D) district and use classification on approximately acres of land generally located south of University Drive (US 380), approximately 1,500 feet west of Interstate 35 (I-35), 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, for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommended 6-0 to approve the request. A supermajority vote by Council is required for approval. Ron Menguita, Long Range Planning Administrator, presented the staff report on the rezoning proposal. He noted the business innovation for the tracts of property, compatibility of the proposed zoning with the surrounding zoning, an analysis of the proposed zoning, mobility surrounding the

10 Page 10 property, and notifications which included one letter in opposition which required a supermajority vote by Council. Staff and the Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Randi Rivera, applicant, spoke in favor. The Mayor closed the public hearing. Mayor Pro Tem Bagheri motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. C. DCA b Hold a public hearing and consider adoption of an ordinance regarding proposed revisions to the Denton Development Code, specifically to repeal and replace Subchapter 17 Environmentally Sensitive Areas (ESAs), amend Subchapter 3 Procedures related to appeals, and amend Subchapter 23 Definitions by adding new and replacing definitions. The Planning and Zoning Commission voted 4-2 to approve the revisions with conditions. (DCA , Environmentally Sensitive Areas, Deborah Viera) THIS ITEM HAS BEEN POSTPONED TO THE APRIL 3, 2018 MEETING. A STAFF REPORT WILL BE PROVIDED WHEN THE ITEM IS RESCHEDULED. This item was not considered. Ordinance No D. ID Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the City s Drainage Design Criteria Manual to update it; providing a severability clause and an effective date. Chad Allen, Deputy City Engineer, presented the update on the provisions of the criteria manual for drainage and transportation. He noted the project goals for the updates, background information on hiring the consultant, update process, listing of stakeholders involved, the process timeline and remaining steps. He noted the changes proposed for the drainage manual, changes not made to the proposed drainage manual, and additional changes incorporated after public comment. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Gregory motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously.

11 Page 11 Ordinance No E. ID Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the City s Transportation Design Criteria Manual to update it; providing a severability clause and an effective date. Pritam Deshmukh, Program Engineer, presented information on the amendments to the Transportation Design Criteria Manual. Council discussed the amendments including the street widths designated in the manual. Mayor Pro Tem Bagheri motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No F. ID Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, adopting Standards of Care for Youth/Teen Programs administered by Denton s Parks and Recreation Department pursuant to Texas Human Resources Code Section (b) (14); and providing an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). Laura Behrens, Assistant Director of Parks and Recreation, stated a public hearing was a state requirement in regards to the program standards of care. The Mayor opened the public hearing Luann Autry posed several questions about the ordinance. The Mayor closed the public hearing. Council Member Briggs motioned, Mayor Pro Tem Bagheri seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Ryan "aye", Council Member Gregory "aye", Mayor Pro Tem Bagheri "aye", and Mayor Watts "aye". Motion carried unanimously. 7. CONCLUDING ITEMS A. Under Section of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or

12 Page 12 community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Briggs requested an update on small cell infrastructure. Council Member Briggs requested a report on the DEC air permit testing. Council Member Briggs requested a staff report on gun sales and zoning regulations. Council Member Hudspeth requested information on emergency plans for the City. Council Member Hudspeth requested an analysis on city-wide speed limits. Council Member Hudspeth requested an updated plan for the opening of the splash park. Council Member Hudspeth requested a follow-up discussion on the homelessness restrooms in the downtown area. Council Member Gregory requested update on the fences surrounding the two cemeteries and monument repairs. Mayor Watts requested a Work Session on the City s water plan. Mayor Watts requested the formation of a committee to encourage all individuals to participate in the upcoming 2020 census. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned 8:40 p.m. CHRIS WATTS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS