Feb 02, 2016 City Council on 2016-02-02 4:30 PM

Good afternoon. Wanted to welcome everybody to this Tuesday, February 2nd, 2016 meeting of the Dent City Council. We do have a quorum and we're meeting at 215 East McKinney Street, Dent, Texas at 430. We'll move on through our agenda. Our first item is citizen comments on consent agenda items. We have no cards for that. The second would be request for clarification of agenda items listed on the agenda for February 2nd, 2016. Yes, Council Member Wasman. Yeah, I have two things on consent agenda, item E and item S. And E, I'd like some clarification from... Yes, yes. Hold on. We have folks from DMA here to discuss that. Yeah, just an outline of, because it's a lot of money, and just kind of an outline of what this item is. And I know there was some angst with the community that it might be the consultant for the power plant renewable plan, and I said it was not. And so they need to hear that as well. But if they could just touch on an outline of what that is. And then the other item I would like to put on item for individual, and that's item S. Thank you. All right. Thank you. Do we want to go ahead and address the clarification on agenda item E? We can. I had a couple other items I wanted to mention. Okay. We'll go through that and then come back to the explanation on E? Yeah. Okay. I just wanted to point out that public hearing, the first one, item 5A, has been the applicant has requested the withdrawal of that case, and so we would not present it unless Councilman just wanted to hear the presentation on it. So our recommendation is that that be omitted or deleted from your agenda. And then if you have any questions on item O, P, and Q, which are the lease agreements on the office space, we're prepared to discuss those and have it posted in closed session. I could ask Mr. Buntzelmeyer, Mayor, if it's okay, Bill B untzelmeyer, to come and address item E. Sure. And then if there's any other clarifications, we'll take those up after. I'm sorry. Okay. Mr. Mayor, City Council, we talked about the resolved contract amendment, and I believe you had questions about what this involves. And you're right, this does not involve the renewable dent plan. This is our primary energy consultant, and as you can see, they contribute a lot to what we do. The first is the rate and cost of service studies. They help us annually to help set our rates. The T-cost filings, they just filed for, I believe, $5.6 million of revenue for D&B by filing with the PUC. That's part of what our capital projects bring us. And they attend meetings for us in Austin, the PUC, and ERC OT, like the Technical Advisory Committee, the Wholesale Market Subcommittee, the Queasy Managers Working Group. There's a whole list of those, but there's a large group of items that they're performing for us. And so cost between $500,000 and a million, is that true? The existing contract was signed in August of 2013 for $520 ,000. It was intended to be about a three-year contract. We did do this annually for a much smaller amount. Purchasing advised us that it would be better to go to a three-year rolling contract. And so we didn't quite make it to three full years, but we 're pretty close. And so this would be, again, another $520,000 for about three years of work. That's good. Thank you. You bet. I guess when I was reading the backup, when I was reading the backup on this particular item, it had mentioned something in there about that this is in lieu of, or that if there was a, you know, by not doing this, it may require an FTE for DME or something. In other words, it's trying to compare. Right. We'd probably take several FTEs and travel expenses to have a presence in Austin, to be at all these committee meetings all week long, and to represent DME at those meetings. What does this, I couldn't see it in the, and maybe I just missed it, but let me look at it right quick. What does this represent? It does have the hourly, it does have the hourly rates on there, right? Yes. Yeah. Okay. And are those, when was the last time those hourly rates were negotiated? Or had they just been, stayed that way for a long time? They've stayed that way. Okay. About what, 100, what per year, about 180? A little less than 180,000, a little over 180,000? About 100, almost $180,000 a year. Okay. Or about $14,444.44 cents a month. Okay. About. You got that memorized. Okay. And do you guys, do y'all get a report on a monthly basis when you, I'm assuming, either receive an invoice or something of, this is the, do they give you billing, you know, billing time sheets or is it, okay, they do. Monthly. Along with the reports from all these meetings that they attend for us. And so then we're able to see if the time's either long or short as far as. Yes. All right. All right. Any other questions on this particular one? All right. Bill, thank you. Thank you. Let's see. I believe Councilmember Johnson, you had a clarification? I have a clarification. I would like to pull item B from the consent agenda for individual consideration, please. Okay. All right. And the lease contracts, Mr. City Manager, the, which ones were those? Those are items O, P, and Q. O is the lease. P is the non-disturbance and Q is the first refusal. I haven't decided if I want to pull any of those. Can I make that decision also at the dais? Sure. Okay. So that decision doesn't have to be made here. Sure. No. Okay. All right. Fantastic. Okay. We can caucus. Caucus. They did that last night. Different state though. I'm sorry. Okay. Any other items, needs for clarification on, I'm sorry, Councilmember Hawkins. I did want to, let me see, highlight. Which one? H. I know that for tree trimming services that seemed like a lot of money to me, but just DME being so reliable, and I know that when I first got on council, you know, I had a meeting with Phil and he said that was one of the major reasons why DME remained. So I just wanted to highlight that. But I did have a question on N. And this is for the study of the compensation and classification study of the non-civil service city of employees. And I know we had all been pulled in kind of individually and interviewed about what we wanted that to entail. And I want to know where we landed because I definitely wanted data comparing that to the private market. I felt like during the last budget talks, I felt like that was talked about a little bit. So I had made a point of I wanted a lot of these salaries to be compared to comparable jobs in the, where did we land on that? H. And there are, if I could, there are, obviously, this study is going to be for all positions in the city except civil service, police and fire positions . And obviously many of the positions that we have, we do compete directly with the private sector. So we will be doing analysis and comparisons with the private sector. Now, there are many of those job classifications where we don't really compete with the private sector. But we're trying to get benchmark positions that the consultant can use in both the public and the private sector. And if Carla is here, and I might ask Carla to respond to that, if she has anything she could add to that. >> I think you answered that correctly. We will be working with the consultant to identify the benchmark positions as well as organizations we want to include in our study. That will be public sector and private sector. >> Great. Thank you. >> Sure. >> All right. Thank you, Carla. >> One question, anyone else? One question I have is on consent agenda item T as in Tom. And this is the dark fiber agreement between the city and the county. Is this the one that we've been talking about? >> Yes, it is. >> Okay. And I'm looking here. Let's see. So the county -- I don't see an executed copy. So the county hasn't -- I mean, are we the first ones to -- >> The county hasn't executed. >> Mr. Collister is in the audience. The question on the table, Larry, the county has not executed. Is that correct? >> Oh, yeah. >> I'm sorry. >> You've got to sort of -- >> Up here to the mic, yeah. >> The county executed it a week ago, too. >> Okay. So the county has executed it? >> Yes. >> Okay. All right. Fantastic. All right. Thank you. Okay. So we're pulling the BS from consent agenda? >> Yes. >> Okay. Thank you. Nobody found that funny? >> Yes. >> I did. >> Your microphone's not on. >> I thought that's very clever. You should be -- okay. Seeing no more requests for clarifications, we will now move into our closed meeting portion of the agenda. So therefore, I will now convene the closed session at 440 on February the 2nd, 2016. We will consider the following items. Consultation with attorneys under Texas Government Code section 551.071. Deliberations regarding real property under Texas Government Code section 551.072. , and the next item is the open session on the property under Texas Government Code. So, we will now convene the closed session at 440 on February the 2nd, 2016. Thank you. Good evening, everyone. I wanted to welcome you to this Denton City Council meeting on February the 2nd, 2019. It is 652. If you'll join with me in standing, if you're able to pledge allegiance to the U.S. and the Texas flag. I pledge allegiance to the United States of America, one nation under God, indivisible, with liberty and justice for all. Honor the Texas flag. I pledge allegiance to the University of Texas, one state under God, one indivisible. Okay. I've got a proclamation that I'll come down and read. And whoever's here for that proclamation, if you'd like to come on down. Okay. This is a proclamation for National Wear Red Day. Say that 10 times very fast. National Wear Red Day. So if you could just tell us a little bit about, introduce yourself and tell us a little bit about it. Okay. I'm Ellen Pater. Excuse me. I'm the chair of the event this year. We also have with us some of our committee members. And if you all would like to introduce yourselves. Micah Pezzoric. Tanya Parker. Amanda Crocker. Katie Outlaw. Tell us a little bit about it. Well, I was going to read a really short thing. Can you read it? Yes. Good evening. I am Ellen Pater and I'm chairing the 12th annual Go Red for Women Luncheon and Fashion Show. This is my 12th year being involved with the group. I don't have a family history of heart disease. I don't have any close friends who've had a stroke or died. My commitment is based on a deep feeling of making sure that as a woman and as a person who's been involved in healthcare for over 30 years, that we continue to fight to make sure that heart disease is not the number one killer of women. Several of them of our members could not be here tonight. I would like to acknowledge them. Leah Albright, Carolyn Simmons, and Carolyn Farlow. As you can see, we're a very small group that carries off the event every year. But on behalf of the American Heart Association and the Denton Go Red for Women Luncheon committee, we would like to thank everyone who supports our fight against heart disease. I'd like to thank you, Mayor Watts and the city council, for helping to promote Go Red for Women by recognizing February 5th, this Friday, as National Wear Red Day in Denton. Due to healthier lifestyles, heart disease-related deaths in women has decreased by more than 30% over the past 11 years. That's nearly 300 fewer women dying from heart disease each day. So thank you all for going red to fight heart disease. By wearing red on February 5th, National Wear Red Day, you will show your support for every woman. Thank you for having us this evening. Thank you. You bet. You said it very well the first time. I thought, boy, she is a pro at this. Well, let me just say it's my honor to read this pro clamation. Proclamation by the mayor of the city of Denton, whereas heart disease and stroke kill one in three women in the US, yet 80% of cardiac events may be prevented, yet both heart disease and stroke kill one woman every 80 seconds in the US. That's astounding. And whereas an estimated 44 million women in the US are affected by cardiovascular diseases, and whereas 90% of women have one or more risk factors for developing heart disease, yet only one in five women believe that heart disease is her greatest health threat, and whereas women compromise only 24% of participants in all heart-related studies, and whereas women are less likely to call 911 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack, and whereas only 36%, excuse me, of African-American women and 34% of Hispanic women know that heart disease is their greatest health risk compared with 65% of Caucasian women, and whereas women involved with the American Heart Association Go Red for Women movement live healthier lives, and nearly 90% have made at least one healthier behavior change, and whereas Go Red for Women encourages women to take charge of their health and schedule a well- woman visit to learn about health status and risk for diseases, and whereas Go Red for Women is asking all Americans to go red by wearing red and speaking red. Get your numbers. Geez, get your numbers. Ask your doctor to check your blood pressure and cholesterol and glucose. O is own your lifestyle. Stop smoking, lose weight, be physically active, and eat healthy. R is raise your voice. Advocate for more women-related research and education. E, educate your family. Make healthy food choices for you and your family. Teach your kids the importance of staying active. And then finally D is donate. Show your support with a donation of time and money. Now therefore, I, Chris Watts, Mayor of the City of Denton, Texas, do hereby declare and proclaim February the 2nd, it says here, but it's February the 5th, I guess. I'm going to say February the 2nd, 5th, or 2016 as, I'm going to say this very slowly, National Wear Red Day in Denton, Texas and urge all citizens to show their support for women and the fight against heart disease by commemorating this day, by the wearing of the color red, by increasing awareness, speaking up about heart disease, and empowering women to reduce their risk for cardiovascular disease. We can save thousands of lives each year. Thank you so much for bringing that to our attention. And February the 5th, it's February the 5th, Friday, so be sure and wear your red on February the 5th. Thank you very much. Thank you very much. Thank you all. Oh yeah. The Denton City Council has adopted rules of procedure, including a code of conduct, which applies to citizens as well as council members. These rules were enacted to promote an orderly process and to preserve decorum. Here is a brief review of the rules that apply to citizens' reports. Citizens will have four minutes to give a report. There will be an electronic beep when time has expired. If the remarks are not concluded by that time, the citizen will be asked to stop speaking. If the citizen does not cease and a second request is made, the mayor will request to have the citizen removed from the council chambers. Citizens are asked to not approach the dais. If a citizen has papers or other materials to hand out to the council, please let the city secretary know, and she will have a staff member distribute the materials to the council. The attorney general has ruled that council members may listen to citizens speak and may ask questions of citizens for clarification of the issue. Council members will not engage citizens in discussion of a topic, because to do so could potentially be a violation of the Open Meetings Act. When speaking to the council, citizens are to direct all remarks and questions to the council as a whole and not to any individual member. Please refrain from making abusive, personal, impertinent, profane or slanderous remarks. Anyone who violates this rule will immediately be removed from the council chambers. Citizens' adherence to these rules will help make an effective presentation and will preserve the order and decorum of our proceedings. Copies of the rules of procedure are available from the city secretary. This presentation is from members of the public. We have three speakers who signed earlier and then we have two who have indicated they want to speak during the additional citizen reports portion of this agenda item. So the first speaker, forgive me if I mispronounce your name please, it's Griselda Semano, regarding a sign ordinance issue at 602 East McKinney Street. If you'll state your name and address, your time will begin . Yes. Good evening, city council members. My name is Griselda Semano and I own the Mini Market Lestre lla located at 602 East McKinney, in Denton. The reason why I'm here is because I would like to ask you all to allow me to put a sign up on the poll that is outside my store. I acquired this business in 2010 and I've always dreamed to have that sign put up, but it's been very expensive and I have been able to afford it. I have a local sign person that is willing to work with me financially. This is how it would look if it's allowed to be there. There's a person that will allow me to work with me financially to be able to put that post and do payments. And therefore, that's the reason why I'm here, to ask you for your permission to allow me to put this sign on a poll that has been there for over 30 years. I thank you very much for your time. Thank you. We have a couple of questions. Okay. Council member Roden. Grace, good to see you tonight. Nice to see you. Thanks for coming out. Thank you. Can you tell us a little bit about, so you're asking us for our permission. Typically, people don't have to come to city council to get signs put up. Okay. What are the roadblocks that you've encountered and why are you coming to us today? Well, on Friday night, late Friday night, a guy called Caleb Norris sent me an email telling me that the poll was to be removed because it was abandoned in 2007 and I needed to tear it down. But I did not know nothing about it until late Friday night . Council member Johnson. Thank you. Thanks for coming out. The poll was there, is the box from the old sign still up? It's not. It's just the poll. Just the poll and the base? Yes. And the electric wires and everything are still in place. Okay. So have you talked to anybody, the email you got, did you go have a meeting and make the request and the request was denied? I actually haven't. But this Caleb Norris, he just emailed me Friday night so I didn't have any recourse. I would just suggest maybe somebody from staff could get your information and maybe someone from the planning department could get with you and talk about what your options might be because in some cases if there's an existing poll and like the box was still there but there hasn't been a sign there for some time, those have been able to be reused. But I don't really know exactly what the detailed requirements are in terms of if the box still has to be on it or whatever. So maybe somebody from planning could get with her and see if we could at least have a dialogue. Thank you. Okay. Thank you. Thank you very much. Thank you. Thank you. Thank you. Next speaker will be Cole Terrell regarding the safety of Belle Avenue. It's Chloe. Chloe, sorry. Can I pull up my photos? Sure. And state your name and address. You said you've got some photos you need to pull up? Yes. Okay. Okay. Hi. My name is Chloe Terrell. I'm the secretary for the Student Government Association at Texas Women's University. Our job as SGA is to be the voice of the students. And last year, or I'm sorry, this past semester a student named Isabella Sanchez came to us saying that she was using the crosswalk at Belle Avenue and College Street and she was almost struck by a car. And last year, as you may have heard, we unfortunately lost a student who was hit by a car on Belle Avenue. And so we went to DPS and the city of Denton about this and we kind of hit a wall with them. They did give us a brief history of the street and were helpful, but ultimately they told us that even though Belle Avenue does run through a main part of our campus, it is still a city street. The city of T.B.U. can't do too much about it. And so we, sorry, they did tell us that Belle Avenue will close in about 15 years, but I don't know about my peers, but I don't want to be in college for 15 years. So we'd like to see something in the interim done to keep students safe right now. And so at our SGA meeting last night, we invited the VP of Student Life, Associate Vice President of Facilities Management, and John Davis, the Director of Engineering Services for the city of Denton, to see what our next steps can be and how we proceed with this. He told us that we cannot add a stop sign to College Street and Belle Avenue, which is what we, SGA originally was planning to do. But he said that maybe we could direct more people to using the crosswalks, because that is our biggest concern, that students aren't using the crosswalks because it's not very time efficient to go all the way to the crosswalks instead of just crossing here. This is where students usually go. And so we were thinking maybe adding an inner street cross walk here, maybe raised so it's kind of like a speed bump. He also suggested adding a aesthetically appealing yet practical wrought iron fence here, or maybe a brick planter filled with tall plants so students can be like, hey, maybe I shouldn't walk across the street. Maybe I should go and use the crosswalks. We've also found an issue with Oakland Street, which I think is just super dangerous. This is the commuter parking lot, and the line of vision right here is usually very blocked. There's usually cars parked all around here. And when you're pulling out of here, you can't really see, and students can't see when they're crossing, so everyone's just kind of winging it going out. I actually drove by here today to check out the crosswalk situation. And ironically, I almost got hit practicing my speech in the car. But I did notice there was a crosswalk more on the north end of the street, but there really aren't many from the commuter lot to the buildings where everyone's crossing. So we are kind of in the pickle. We don't know what to do from here. We've kind of exhausted our resources. We're just asking for advice and for help from the city. We do realize that this is going to be a lot of education on our part, educating students to drive slowly on Belle Avenue and Oakland, not text and drive, et cetera, and also to use the crosswalks. But I think that me and my board do our part in educating students. We'd like some help on the city street part of perhaps getting more sidewalks, or I'm sorry, crosswalks, and maybe doing something about that median. So thank you. We have a couple questions. Yes. Councilmember Rodin. Chloe, you're awesome. Thanks so much for coming out here. I know you did a great job. I'm so glad you kept up. No, great job. Thank you. It's great to see college students engaged in this way. I actually live on Texas Street right there south of campus , so I'm quite aware of these issues. In fact, TWU students brought me out there and put me in a wheelchair and had me go around these streets that show me how bad some of those areas are. So thank you. Question, are you aware of a traffic safety commission that we have here in the city or mobility committee? No. Okay. We're going to get you guys queued up to come before those two bodies to talk more in depth about this because you're right, there's a lot of pedestrians around there. So we'll get, make sure we get your contact information so we can get you in front of those other bodies. Thank you. Thank you. Councilmember Hawkins. Yeah, I was also going to bring up traffic safety commission and if you go back one picture showing the crosswalk on, is it right in between the campus ? Yeah, so that is like ridiculous to me because they're wanting students not to use this, but yet it's almost like... Where's the bridge? The bridge is more up north. Okay. So that's where the original crosswalk is and there's also a crosswalk on College Street, which is that way in the picture. So there's two at the end and the bridge. Sorry to cut you off. The bridge is not, no it's okay. The bridge is not in use though. It hasn't been used for like... There's not a crosswalk underneath it? There's a crosswalk underneath it, I'm sorry, but you can't use the actual bridge. Right. Okay. So students do use that crosswalk at that light, but not when they're crossing from this building right here is like the MCL and this is the C FO and those are two huge buildings and so you just get a game of Frogger right here. Oh yeah. We used to live over there and it just seemed like the whole street was a giant crosswalk, so it probably is in need of it, but yeah, getting with Traffic Safety Commission I think would be a good first step. So thank you. Thank you. Any other questions? Thank you very much. Appreciate it. Thank you. Thank you for coming. Great presentation. Okay. The next speaker is Pat Smith regarding letter of commend ation for Denton Police Department from Denton Bible Church. Good evening council members. I'm Pat Smith, Director of Local Outreach at Denton Bible 2300 East University Drive and this is Mr. Dick Craven, Chairman of our Elder Board. I have a letter we'd like to present to you tonight. Dear council members and city manager, police officers Jared Stevenson, Shane Kaiser, David Ackery, David Beckwith, Pat Black, Donnie Carr and Clint Webb distinguished themselves by excelling in the performance of their duties and responding to a bomb threat of Denton Bible Church's Christmas Eve service. We received this letter on December 21st and Officer Steven son immediately responded, took possession of the letter and notified other police officers as to the situation. He conducted himself in a highly professional manner and calmed staff who were obviously anxious about such a threat. Shortly after that Officer Kaiser came to the church to gather additional information. He also met with our Elder Board at a special called meeting that evening. He walked the board through options available to the church and explained how the Denton Police Department would respond to the threat. After elders decided to go ahead with the Christmas Eve service, officers Ackery and Beckwith spent the next day with our staff on how to prepare the church for the service by conducting a thorough site survey and identifying measures to increase security without significantly compromising the atmosphere of our church service. Throughout this ordeal the entire department communicated well with us and bolstered the church's confidence that we could be joyful during this trial. Our service went well. God was glorified through the praise and worship of the almost 5,000 people who attended. Our church is very grateful for these men who in some cases came in while off duty to protect and serve our church. The distinctive accomplishments of these police officers reflect great credit upon themselves, the Denton Police Department and the City of Denton. Sincerely, Dick Craven, Chairman. Thank you very much. Council Member Johnson. I'm not sure I can phrase this as a question, Pat. I'll do my best. So I'll do the normal. Did you know that when I heard about this, the first thing I thought was, oh my gosh, what if these people don't get to go to church on Christmas Eve? And when I heard that you guys were going through with the service and that other churches in our community were, and the church that I go to, we had a lot of the same conversations. The fact that not only did you go through with it, but you went through it in a way that was head high and not worrying about the threat. I'm not sure how many people would have come on a normal Christmas Eve, but I'll bet you you had more than you would have otherwise, which I think says a lot about our community. And so I just, living in a world where people love to threaten and scare people and do things to try to upset the good, I just really, really want to tell you how much I appreciate you guys not only going through with your service, but not scaling it back and in many cases probably celebrating more than you would have. So I really appreciate you for that. Thank you. Council Member Wasney. And do we really know and understand how much law enforcement gives up on the holidays? They're there. We have family members in law enforcement and it's been about 20 years since some of them have actually celebrated Christmas Eve or Christmas Day because they are out there and they're out there for us. So congratulations to Denton PD, a lot of these officers who hadn't scheduled to work that night, did work that night, and I say thank you to them as well. Absolutely. Yeah, and Pat, I really appreciate you guys in just coming forward with praise because I think especially with our public safety people, they sort of operate day in, day out, not essentially in the shadows, but they just do their job. And I think sometimes there's a lot of criticism that can be leveled and I appreciate you coming and sharing your experience and also for having the courage from your leaders and your congregation to move forward on that evening to do what you knew you needed to do and knew that we would be there, the police department would be there to do all they could do to make you feel safe and secure. So thank you very much for coming tonight. Thank you. Okay, we are now at our agenda item 3C, which is additional citizen reports. We have two cards. Ken Gold, if you'd come down, state your name and address. Your time will begin. Mayor, members of the council, my name is Ken Gold. I live at 2512 Natchez Trace. My sermon tonight, Brothers and Sisters, is on the DME and the 3Rs, rates, renewables, and reliability. All three are very important. I've sat through several presentations by DME, not nearly as many as you have. Since the very first presentation I saw at the open house, I wanted a second opinion. And tonight I appreciate the recent consensus to move forward on that. It is complicated. There are a number of issues that I can identify now that are worthy of outside analysis. One has to do with analyzing DME's numbers regarding their rate projections. What are they based on? What assumptions were used? How much will the income from selling power to the state grid affect the rates? The second obvious area to study is air quality. Studying emissions from a portfolio perspective is important and legitimate, but it's only one aspect. Our air is rated F already. Are we trying for an F minus? I share the mayor's concerns that an outside study will make one side or the other side on this issue unhappy. I don't see how it can turn out any other way. But that doesn't change the need for a second opinion on a project of this scope. Back to the 3Rs. Rates, renewables, and reliability, the classic three-le gged stool analogy. Three-legged stools don't wobble because the three legs are always making a plane. But a four-legged stool should be more stable, something to do with the center of gravity beyond my scope. The fourth leg, the fourth R on this project should be responsiveness, responsiveness to the people of Denton. By now, I hope you recognize that there is widespread concern about this RDP. It's not just a, quote, "small group speaking very loudly," end quote. How many times do we have to fill up this chamber to get that simple point across? The council is a political body. You make political decisions. Most are not very controversial. When the petition to ban fracking came before you, you chose to let the people decide, and they did, overwhelmingly. That method, I believe, is the best way to address the mayor's concerns. Keep the public in our public utility. Sometimes the best way to resolve a political issue is to simply vote on it, and the majority has the right to prevail. So whatever form the RDP ultimately takes, there has to be financing. And financing provides the opportunity for a bond election. Don't use revenue bonds or COs; use general obligation bonds. This allows the RDP to stand or fall on its own merits. Trust us with this. We created the utility in the first place. If the bond election is passed, DME is vindicated. One way or another, we will vote on the RDP, either directly through the bond election or through the council elections in May. A bond election is the best option. Thank you. Any questions? Thank you. Thank you, Mr. Gold. The next speaker, agenda item 3C, is Deborah Armantar. Please come down and state your name and address, and your time will begin. Deborah Armantar, 2003, Mistywood Lane. Some of the things that I was about to say were already mentioned by Ken Gold much better than I could. So I'll just add to that, to what he said, piggyback on what he said, and thanking you all for those of you who agreed to have a consultant. This means so much to us. A second opinion is always a good thing. And clearly from the town hall meeting and the public hearing, that's what the people want. So thank you, thank you, thank you from the bottom of my heart. Thank you. I also wanted to state why I feel that having a citizen's vote is so extremely important. We packed the halls at the public hearing and at the town hall meeting, and many, many people all came together and spoke out saying that they love the increase in renewables, but were opposed to the gas plants. And that was really wonderful to see, and it was a little disheartening to hear it whispered, well, yes, a lot of people came, but those were just the outspoken minority. There are all these people who didn't come, so what about them? And I think that that's actually a pretty good point, and I think that the best way to gauge the public opinion is through a vote. That way you get to see for sure how many people are willing to come out and actually register their opinion in a really clear yes and no way. That would really settle things once and for all. And if, just as Ken said, if the people decide that they want these gas plants, then I won't be happy with it, but I will know that this is what the people want. So anyway, I think that our municipal democracy is owed that vote. One other thing I wanted to mention, there seems to be a kind of a misunderstanding, and maybe this has been cleared up, that a lot of us who are against the gas plants are not opposed to use of fossil fuels for backup. In fact, I myself, and I'm not speaking for anyone other than myself, but I am fine with contracting, outsourcing gas or coal or some combination of both for backup. So those of us who say we don't want gas plants, I would just encourage all of you to understand that that means literally we don't want gas plants. It doesn't mean we're opposed to gas across the board. It just means we don't want gas plants. So anyway, I would be fine with outsourcing. In fact, that seems to me the obvious thing to do. One more thing in my 44 seconds left. This is about the fracking at Lake Louisville, or rather the sale of a piece of property underneath Lake Louisville for fracking. This is a deep concern, especially with the water crisis in Flint, Michigan. We're all concerned, I don't know anyone who's not, in thinking about what would happen if something of that scale or even worse could happen, because we're not talking about fracking near a water source. We're talking about fracking right underneath. That's really frightening to a lot of us, and I would love to see council come and take a stand on that. Thank you. Thank you. Any questions? Seeing none, thank you. All right, we'll go on to consent agenda four is our consent agenda. Council Member Hawkins. Thank you, Mayor. I move approval of consent agenda items A through T, but we 're going to be pulling letter B for individual item and then letter S. Mayor Pro Tem. Second. Madam City Attorney. Just clarifying as to consent agenda item O, I may assume that the intent is to act on the alternate lease that was handed out earlier today rather than the one in your backup. Yes, that's correct. Okay, we have a motion and a second. Let's vote on A through T, pulling B and S with the substit uted ordinance for O. Motion carries unanimously. We will now take consent agenda items B and S as items of individual consideration. Moving to agenda item B first. Agenda item B is considered option of ordinance, ordering, and recall election to be held in the city of Denton, Texas on May 7, 2016. Mr. City Manager. Mr. Mayor, we have no presentation on this item. I assume there are a couple of speakers who want to speak. Yeah, we've got a couple of cards too. Just wanted to see if you had no -- okay, there's no presentation. We will call on the cards. Our first card is Mr. Willie Hutzpeth. If you'll come down and state your name and address, your time will begin. Mayor and other councilmembers, my name is Willie Hutzpeth. I live at 623 Newton. My presentation or my remarks have very little to do with whether or not I agree with the recall or not. As I stated before, I've been through this myself when I was running for school board, something similar to this. What troubles me is there are some who have a problem with the process. The process was created by councilpeople before you. It was voted for. It was vetted, if you will. It was talked about. And then it was voted on to do this for different reasons. I just assume they were good reasons. There is sometimes a need for something like this to recall someone. I think, I guess, I don't know. What really troubles me is the way some have behaved. You councilmembers, if the reports that I've seen on social media and what was said to some people trying to get these signatures, if they're correct, and I have a real problem with some of you councilpeople, if my wife was out trying to get signatures, and I say my wife because a female was done this way and threatened with my child and a picture was taken of my child and put on social media. I don't care if it's just the head of my child. I'd have problems with that. It's what I've gone through all my life with this intimid ation and threat and forced behavior. Now what really troubles me, it's a councilperson who did this. Maybe. Again, I don't know. If this is anywhere close to the truth, something should be done about that. Something should be done. Again, the process I think is needed. I think. It's my thought. I'm not saying the person who's going through the process is the one that we should have something to say or do in the process. That's not what I'm dealing with. The process. Now, it was voted on. It's legal. You're supposed to be able to do this. No one of you or anyone should go out and say, "You don't have a right to do that," and stop doing it in a threatening and a degrading way as was supposedly done. Nobody should be taking pictures of my child unless I approve that that be done or me. It's my thought. Thank you. The next speaker is Pete Camp. Please state your name and address and your time will begin . Hi, guys. Pete Camp, 110 Friar Tuck Circle, Denton, Texas. I'm here to speak against the recall vote. I do want to tell you that obviously we have a group here. We don't always dress alike. We are in support of Joey. We do understand very much this is a democratic process and it needs to go on the ballot. I agree with some of the things that Willie just said, but there's a misunderstanding here also. It's from the charter. It wasn't ... I'm sorry. When my father passed away two years ago, he was the last living author of that charter. I can assure you while he was living. In 2003 especially, we sat down and went over every word of that charter. He told me so much of the background, why things were done, why they were. He and Tom Harpool was alive at the time also. They worked with our city attorney at the time on some issues we had with the charter. Yes, we do need to have a way to recall people for some reasons. The reasons that were stated in this recall are not some of them. If you disagree with the way a person votes, run against them, get someone else to run against them, do it in an election. There are absolutely some reasons that people should be recalled, neither one of the issues of the recalls, again, that's not what it's in the charter for that citizens actually voted on the charter. It wasn't the city council. It was citizens who didn't, who passed that. I just wanted to verify that. Speaking of the recall, I know some of you have heard some of these, but I just want to say, Kevin Roden did come up with these. He's brilliant at the statistics. I didn't. But I do just want to say there were 131 signatures that were turned in to the city secretary. Forty-two of those signatures were not registered to vote in the city of Denton, 42. Of the 89 that were eligible, 59 of them, 59 guys, had never voted in a city election. Of those, I mean, it goes on and on. In the May 2015 election, only six of those people had voted in the election. If you want to be represented, pay attention to your city council members, absolutely. You do have the right to recall, but you have, you need to vote. Everyone needs to vote. We've been trying to get people to vote for so many years. All of you know this. Make it happen at the ballot box. This recall is unfair. The paper called it vindictive. I'm just saying we understand what you have to do tonight. We support what you have to do tonight. We are just simply, we don't agree with it, and you will hear from us at the ballot box. Thank you. Any questions? Thank you. Any questions? Seeing none. Thank you, Pete. Thank you, guys. We have one more speaker that signed into card. Sean Jacobson. If you'll state your name and address, your time will begin . Thank you. Sean Jacobson, 1122 Bellamead, Denton, Texas. I appreciate your time, and I certainly second everything that Pete Camp just said. Certainly this is something that you all have to go forward with, but I did want to note that while the folks in Joey's district may feel that he didn't fulfill his end of the democratic bargain, he didn't vote the way they wanted, there's more to being an elected leader in a democratic republic than simply doing exactly what the folks who elected you say to do, and I just wanted to read this quote. "The true democracy, living and growing and inspiring, puts its faith in the people, faith that the people will not simply elect men who will represent their views ably and faithfully, but will also elect men who will exercise their conscient ious judgment, faith that the people will not condemn those whose devotion to principle leads them to unpopular courses, but will reward courage, respect, honor, and ultimately recognize right." It's a quote from Profiles in Courage, and it precedes stories of great Americans who were willing to vote in a way that their constituents didn 't like, including Sam Houston, who objected to the secession of Texas from the Union. They knew that they would be disliked for their positions, but they took them anyway because they believed it was for the greater good, and I believe having actually spent the last two semesters studying the fracking issue, that that's exactly what Joey Hawkins did in this situation. You can object to his decision, but you have to realize that he had good reasons for making it. We had spent nearly $200,000, and you know this, on the fight already, and that was prior to HB 40. You had been told by Ms. Burgess what our odds were of losing that, and that was again before HB 40. I believe we found out today that you knew that the Attorney General's office was considering joining that lawsuit, making it even less likely that we were going to come out on the winning end. You had to assess what was best for the city, to spend a lot of money in what was likely a losing effort, or to follow the advice of the city attorney and the attorney for Earthworks, and many people who were saying this was not a fight for Denton to make at this time. You had good reasons for your vote, and whether people disagree or agree with you, I think they need to recognize that what you were making was a brave decision. It's not fun to stand up and vote against the will of a large number of people that can vote you out of office. It's actually very easy to be the one voice when you know you have your constituents backing you. It's much harder to say, "I have to make this decision," even though a lot of people are going to be very upset with me. So recall, Joey, if you wish, but recognize that what he did represented courage and what we want in leaders. Politicians follow polls. Statesmen and leaders make decisions. I hope we want statesmen and leaders in this city. Thank you. All right. We have a question. Councilmember Johnson. Sean, thank you so much for "That Was Awesome." What was the name of that book? Profiles and Courage. And Ted Sorensen, in large part. And how long have you lived in Denton? Year and a half, sir. It's pretty awesome how much you know about the history of our city in a year and a half. I appreciate you coming out and speaking. Thank you, sir. Any other questions? Thank you. Appreciate that. Mayor Pro Tem. Thank you, Mayor. I'm going to move approval of item 4B. Now, I want to say a comment as I make this motion. I'm making the motion and I'm going to vote for the recall ordinance because I swore when I was elected that I was going to support the city charter. But this vote should not be interpreted, this motion should not be interpreted as my supporting the recall. I think it's frivolous. I think it's vindictive, measly, petty. By the way, I have some other adjectives, but they're not suitable for this setting. Those who developed the city charter kept the rules for recall vague. And I'm sure it's because it would be impossible to anticipate the variety of behaviors that might reasonably justify a recall. But certainly, they did not have in mind a recall just because a group didn't like the way a particular vote went down. The petitioners followed the rules. But the rules are pretty easy. You don't have to have a good reason for a recall, you just have to offer a reason. I think they've misused the rules. I look forward to the opportunity sometime in the not too distant future to possibly see a revision of the charter to raise the bar a little bit as far as what would allow a recall to happen. And I look forward to seeing what I am sure is going to be a resounding rejection by the voters of District 4 in the May election. - Councilmember Johnson. - Thank you, Mayor. So I'm actually torn on how to vote on this ridiculous manipulation of our charter and our process. I would love to vote to not put it on the ballot so that a judge could hear when they call up everybody who signed the petition what they were told when the people came to their door. - I will tell you what to do. - I'm not talking to you, ma'am. - I'm sorry. I'm sorry. Ms. Thomas, please. Please. Ms. Thomas, please. Thank you. Thank you. I'll start back at ridiculous. Ridiculous manipulation of our charter and process. I'd love to hear what every person would say on the witness stand when they had to say under oath what they were told. But I'm told that our laws require that it goes on the ballot, and I do respect our laws and I do respect the process. We hear the term overwhelmingly often in these chambers. When this fine man wins by what will truly be an overwhelmingly margin to keep serving in the position he was elected for in a second term with no opponent, I hope my colleagues will join me and the public will support us in a change to our charter so that in order to recall your vote, you first must have voted. We've all read the facts that only six of the petitioners who actually live in the district voted in the last election. So now this man, he gives so much of his time to our community, will have to campaign, spend time away from his family, time away from his business, he 'll have to raise money and campaign to keep serving for free because he did such a great job in the first term he was unopposed. If you're here to support Joey, I thank you, but it shouldn 't be necessary. I do believe that there is a very small but loud group with their own agenda who's behind this and other disruptive initiatives. And I hope the message that we send in May is that that shouldn't stand in our town. Not to this good man. Thank you. Councilmember Johnson, you are on the board as a seconder. Are you seconding the motion? Oh, I'm sorry. I thought I said this at the beginning before I seconded. Okay. So I am seconding the motion because I really have no other option and I wish that we could send it to a judge. Sorry, I'm sorry if I misheard that. Thank you. I probably didn't say it. Councilmember Rhoad. I'm glad to see Royall here tonight. Royall, I just want to tell you that your daddy is one of the best men I know. He's one of the best men Denton knows. So you're about to see democracy really work in May. So sorry that you guys have to go through this, but democracy will win, Royall. Thank you, Joey. And I'll comment, Joey. I know you're signed up, but I'll go ahead and comment and then let you. I want to echo, I stated this the last time when we addressed this issue in a public meeting that I do believe in the rule of law. And our charter does state provisions for a lot of different things, including the recall provisions. So I will be supporting this motion as a motion to support the rule of law. I don't share the same sentiments that the petitioners may share in their reasoning for the petition. In fact, honestly, I voted to repeal the fracking ban as well, as did six of us on this council. There was one who did not. So I will be voting for the motion, Councilmember Hawkins, but in no way does that reflect my lack of support for you. I've enjoyed working with you over this time and respect the vote that was taken back when you ran unopposed. And I think democracy will be served because this is the process, as difficult as it may be for some and as contradicting it may seem. But this is the process and the people who put the petition forth followed the charter and the rule of law. So therefore, it's council's duty to take a vote and put it on the ballot. So Councilmember Hawkins, you wanted to, or do you want to, Councilmember Wasney. At the retreat, we talked about respect. Respect for each other, respect for staff, and respect for our citizens. And I think that's something that we all really need to embrace. I would say that the charter can only be changed by vote of the people. But I believe in the democratic process. And there's a phrase that a good friend said to me, and it 's so true. We saw it last night in Iowa. This democracy is messy, and I embrace the process of a democratic society and the right to pursue whatever those rules are. Councilmember Hawkins. I had to write mine down. As much as I disagree with the reasons stated on my recall petition, I will be voting in favor of putting this on the ballot May 7th. I very much believe in our city charter, what it stands for , and technically this petition did capture enough signatures. I do encourage any citizens wanting to speak with me or have any questions regarding any of my behavior on council or in town in the last two and a half years to feel free to email me at joey.hawkins@cityofdenton.com or something that I've always really embraced is I want you to call me. My phone number is 940-391-7791. And you can meet with me and we can talk. I do, however, hope so much that the voter turnout starts improving in this town. Denton is such an amazing place for so many reasons, but one thing that we are also known for is having very low voter turnout. I love this city and it has been an honor to serve her and I hope I get to continue to serve in District 4. But thank you for everybody who came out. >> All right. Thank you, Councilmember Hawkins. Okay. We have a motion and a second. Let's vote on the board, please. >> Consent to Agenda Item B is approved. We'll move on to a Consent to Agenda Item S, which is now an item for individual consideration. Let me get over there and I will call that. Agenda Item S, consider adoption of an ordinance of the City of Denton finding and declaring a restriction contained in the 1933 deed between the IAAF and the City of Denton convening the said cemetery to the City of Denton prohibiting the use of the said cemetery for the burial of non-white persons to be illegal, unforcible, and uncons cionable, contrary and repugnant to the philosophy, principles, and beliefs of the City of Denton and that the said restrictive language should not be enforced or recognized on any city- owned or managed property providing an effective date. >> Thank you, Mayor. I think our City Attorney, Anita Burgess, is going to address this item that's been removed from the Consent Agenda. >> Thank you, Mr. City Manager. Good evening, Mayor and members of the Council. I'd like to take just a couple of minutes to give you a little bit of background with regard to this particular agenda item and to explain to you what this ordinance does and also explain to you what this ordinance does not do. So with regard to the background of this issue before you tonight, in 1933, the City of Denton received, from the International Order of Odd Fellows, a deed to the now city cemetery. Contained in that deed was a restriction that did indicate that the cemetery should be used only for the burial of white persons. In 1948, the United States Supreme Court made clear that courts could not enforce these types of racial covenants on real estate because this would be contrary to the Constitution and also violative of the Equal Protection Clause of the 14 th Amendment. The City of Denton has not actually enforced this deed restriction, certainly not since 1948 in that ruling by the United States Supreme Court. So this action before the Council tonight, this ordinance before the Council, does make the findings that this restriction is illegal. It is unforceable. It's unconscionable and it is repugnant to the philosophy of the City of Denton and the city's principles and beliefs. This ordinance would specifically provide that this language shall not be enforced and it shall not be recognized on any city-owned or managed property. Now as to what this ordinance does not do, let me just clarify a little bit to this effect. I am told by city staff that non-white persons have in fact been buried in the City of Denton cemetery since it has been under city ownership. In that respect, this ordinance is not a bellwether change in direction. It is rather a recognition of our previous acceptance of law and the findings of the United States Supreme Court and it is an affirmation of the principles that we have previously recited with regard to this ordinance. So with that, I'll be glad to take any questions concerning the item before you and I do recommend that it be adopted. Councilmembers we have a card wishing to speak so I want to go ahead and call on the public comments before we go into staff discussion if that's okay. We have a card. Mr. Willie Hutspeth, if you'd come down and state your name and address, your time will begin. Mayor and councilmembers, my name is Willie Hutspeth, I live at 623 Newton. I was overjoyed when I found out that the council had decided to take steps as the ones that they've taken. I'm kind of bummed out right now. I was really happy earlier on but I'm bummed out right now because of the way my friend was treated. So I'm bummed out with you again. But I'm going to have to put that aside. One thing that God's taught me is to thank people sincerely and I'm not going to okie doke my thing, if I don't want to thank you I won't. But I do thank you. I thank you for this. First place I never thought that you would do it. I thought this was just drag on, drag on, it's not our fault, it's not our fault, excuse after excuse after excuse. Secondly, with my behavior I most certainly didn't think you would do it. I just didn't think it. So when it happened so quickly and the way you did it, I was just fussing and fussing and fussing because that's just what I do. But I didn't think anything would ever come of it. Then I got the call yesterday that you had done something about it and it was good what you had done. I thought I need to say thank you, I mean sincerely thank you for two things. One you had the courage, there was no pressure on you that I know of to do it, but you had the courage to do it and to a person you agreed that it should be done and you didn't come up with things like just cliches, all people are free and all that junk. You just said it should be done and you did it. So now I have to say to this body right here, this group, since my 19, I think I started in 1978 addressing council and school board and county, this is the best operating group of people that I've ever encountered from this standpoint for sure. You listen, you debate openly out here with us in many areas and you vote your conscience. You just vote right here and then you debate, I like that. So I'm really impressed with you and I think that I can now go and prepare my funeral. I want to be buried over there. I told my wife to do that. She told me where to go and how long to stay. She said you don't have anything to do with it, you're going to be dead, I'm going to put you wherever I want to put you. That's the wife I married 46 years ago. Anyway, I'm really proud and happy to know you and I think you do an excellent job in many, many ways. Council Member Wasney. How many times have you been here in the last six months bringing this up? Two or three? Yes. And I just want to thank you for that and it's our honor and privilege to just clean up the books. And it's an honor to know you and citizens that come and draw attention to things and shine light on things that we need to fix are welcome always. And again, thank you. Council Member Riggs. I want to echo Council Member Wasney's sentiments there and also ask you if you know that I appreciate you. Also bringing that to our attention so we could take care of it and also for standing there speaking your truth. So I appreciate that. I know sometimes it's not very easy for some of us to hear these things and maybe not so easy for you to stand and speak, but it is appreciated. Thank you. Council Member Johnson. Willie, I don't know if there was ever a time that I looked at the clock and hoped that it wouldn't end, but tonight was that night. And I just want you to know that I think the reason that you love this council so much is because we got to meet nighttime Willie. Nighttime, that's right. We're embracing nighttime Willie. And I feel like I want to hug you right now. I never thought I would feel that. So but I'm not going to. Okay. Thanks for coming down. Yeah. One of the things that I want you to understand is that from my perspective, the shoes that I walk in, to just go through all the stuff that I've gone through as a young black man and then an adult black man and to go to Vietnam, fight and then come back to be treated the way I was treated for fighting. And I didn't want to go in the first place, but I went and all of that's on me. Then to find out I can't even be buried in a place. That just really bothered me really big time. And so I just dealt with it. I know it wasn't you. You didn't do it. Well, maybe some of y'all were here, but you didn't do it. You were just here. And so I couldn't, I didn't know who to blame. All the people I wanted to blame were dead. That didn't do any good. So you just blessed me. You really did bless me and I appreciate it. We got a couple more comments. Mayor Pro Tem. So you like this council better than you like that school board when you were a member of the school board? Oh man, I hated it. I still hate it. I hated it, I'll never do that again in life. Oh, I'm sorry. Well you were my boss back then. I found it an interesting change of roles. You know, we had looked at, you had brought this up and I appreciate you bringing it up because it was part of a deed restriction. And what we learned was that a deed restriction in order to be changed, you have to get a certain percentage of the property owners to sign. Well a whole bunch of those property owners are in no position to sign anything. You know, so we had to do the next best thing that we could to formalize. And despite your fussing, you described it that way, you bring up some good things that we need to hear about and when we can act, when we can make a statement, it's right for us to do it. And it doesn't take a lot of courage to do the right thing. You just do it. All right. Thank you. Council Member Hawkins. Thank you, Mayor. I don't agree with everything you say, but I do appreciate you very much and your persistence and I definitely hope that I get to meet this woman who would marry you for 46 years. But I do, Willie, I don't know if you're aware of this or not, but you know, if you're going to start making funeral plans, it is a tradition that you're supposed to make those plans on Tuesdays at 6.30 p.m. at your own house. So I'm just saying. I'm just saying. It's a thought. Okay. Council Member Oden. And I think in full disclosure, it should be pointed out that a lot of your thanks ought to go to Council Member Mayor Pro Tem Gregory, who really was pushing this behind the scenes, talking with the City Attorney and finding an avenue forward with this ordinance. So he's responsible for this getting before us tonight. I know that. I know that. Well, Mr. Hesped, I really do appreciate you bringing this to our attention. When you first said it, I had to go read it with my own eyes because I just couldn't believe it. And then I realized you'd been coming here. I still had one more year to graduate from high school in 1978, and you've been coming here that long. That's a long time. That's a long time. But I do appreciate what you do bring. I do appreciate your perspective because it is a different perspective, and it's a perspective that needs to be heard. And it allows collaboration and for voices to be heard. I appreciate when you coach the kids at the MLK football team and the work that you do in your community. So thank you very much for that. And we don't always agree on things, and that's okay because sometimes we have to disagree before we can find common ground to agree. And so thank you so much for bringing these things to our attention and being the person that you are. And it's with honor, I believe, that I could say on behalf of all of us, it's our honor to vote for this because it is the right thing to do. And these adjectives that they used as far as repugnant and unconscionable and contrary to the philosophy, principles, and beliefs of the city of Denton, that is absolutely, absolutely correct. So thank you, sir, very much for that. Councilmember Wasney, I believe you've got a motion. I move to approve agenda item 4S. Mayor Pro Tem. I second and I give a lot of thanks to our city attorney for her eloquent words that she crafted with the ordinance. We have a motion and a second. Let's vote on the board, please. Mayor, before you vote, may I assume that you're voting on the substituted ordinance that we handed out earlier rather than the one in your backup, please. And that is, is that the motion, Councilmember Wasney? That's correct. And that is the second for that. Yes, okay. Yes, we are voting on the substituted ordinance as passed out. Thank you, Mr. Mayor. You bet. Let's vote on the board, please. Motion carries unanimously. Thank you. All right. Thank you. We'll go on to agenda item 5, which is public hearings. Agenda item 5A has been pulled or withdrawn. Correct. So we'll go to agenda item 5B, which is hold a public hearing, consider requests for rezoning to a neighborhood residential four, NR4 district for three tracks of land generally located 1,500 feet south of the intersection of Kings Row and North Loop 288 in the city of Denny. Thank you, Mayor. I'm going to ask Amy Bissett, our Director of Development Services, if she would present this public hearing. And before staff makes a presentation, I will go ahead and open the public hearing. Yes. Good idea. Thank you, Mayor and Councilmembers. What you're considering tonight is a fairly straightforward rezoning request on three small tracks of land located in Windsor Oaks. The request is to rezone these three tracks of land to neighborhood residential four. The first tract of land is on the top part of the screen up here. It's approximately 1.3 acres, and it is currently zoned CMG , which does not permit single family. The second tract is the one in the middle on the right-hand side of the screen, and it is a little over one acre, and it's currently zoned NRMU 12, which does not permit single family. And then the third tract along the bottom of your screen is about half an acre. It's zoned NR3 today, which does permit single family. And this development could move forward without rezoning this tract, but it would create several single family lots that would have a split zoning on them. Here's a better visual representation of what is essentially cleaning up boundary lines between zoning districts and the proposed development. In 2002, the applicant rezoned the 180 acres in the middle here at the corner of Windsor and Loop 288 to develop Windsor Oaks. A preliminary plat was filed in 2014, and at that point in time, we discovered that the boundaries of the proposed development didn't fully align with the zoning boundaries. This is essentially an attempt to consolidate all three tr acts into the NR4 zoning and just create a clean boundary line for the entire development. It doesn't significantly alter the plans for Windsor Oaks. It brings all the single family lots within phase one into NR4 zoning, and it would prevent split zoning on several single family lots. Public notifications were mailed on December 23rd. Three were sent via certified mail and 22 courtesy notices were sent. We received one response in favor, and that was the property owner. The Planning and Zoning Commission recommends approval 5-0, and the staff recommends approval as well. The applicant is here if you have any questions. Any questions for staff prior to public comments in the public hearing? Thank you. Thank you. This is a public hearing. I wanted to give the applicant an opportunity to speak if they so desired. If the applicant wants to speak, please come forward, state your name and address, and your time will begin. And this is a public hearing. I have no – do you have a question after the public hearing or – okay. That's the statement, really. Oh, okay. Okay. This is a public hearing. We don't have any cards, but anybody wishing to speak, please come down, state your name and address, and your time will begin. Anybody wishing to speak? Seeing no movement, I will close the public hearing. Councilmember Briggs? This is literally in our backyard, in my backyard in our home, so anyway, I just wanted to make that aware. I mean, I'm fine with it, and it's great that it's going to all be consistent, but so. All right. Great. Just acknowledging that this is in our backyard. Okay. Fantastic. When those balls and frisbees and stuff start flopping over , then we don't throw them right back. Any other questions? Questions for staff? Seeing none, Councilmember Johnson? Move approval of Item 5B. Mayor Hawkins? I second. We have a motion and a second for 5B. Let's vote on the board, please. Agenda Item 5B carries unanimously. We'll now move to Agenda Item 6, presentation for members of the public. We have one wishing to speak, Mr. Willie Hutsworth, regarding City Hall. Mayor and Councilmember, my name is Willie Hutsworth. I live at 623 Newton. Three comments. One is if the charter says this is what you do, that's what you do. If the charter needs to be changed, you change it, but you don't abuse and beat up on people who obey the charter. You can talk about how good a person is and how deserving a person needs or you think they are. That's fine, but then to talk about the people who follow the rules in a negative way, I don't think that's the way you should do it. That's one. Number two, the young man who was killed on McKinney and Duke 288, that area, I told you, I told the school board it is going to happen. I went and met with the chief. He gave me all the particulars on why the accident happened . I talked to some of you. It was just a tragic accident, which covers up the fact something is wrong with Duke 288 and McKinney and those kids traveling in that area. You're not going to just sweep that under the rug and say it was a tragic accident. Okay, it was. Something needs to be done out there. This is the first of many times I'm going to be here telling you something needs to be done after something like this happens. What you need to have done, or you can still do it, is come to my church and you sit there with the grandparents of that child and see if you feel like it was just a tragic accident after sitting there and seeing those people just grieve internally, outwards, to just the depths that you just, you've probably experienced. I bet you have too. Don't sit there, hide, uplift it and say it was a tragic accident and then sweep it away. No, something needs to be done with McKinney. I had another man here who was going to speak and he had to go. He's going to describe for you, he'll be back next time. I'm witnessing a girl being hit by a mirror, flipped in the air and to the ground. Something needs to be done with McKinney. Quit talking about it's going to be, well, here's what I should say. If it was your grandchild or your child, I bet you'd react differently now. You'd do something about that place out there. That's number two. Number three, do something about this rule that if you come up here so many times, you have to go to the end of the line. That's why I'm here. As long as you leave that in force, that's what I'm going to do. Right at the end of my presentation, I'm going to say something's wrong with that. Here's what you should say to me. We hear you every month, I look at Mayor Watts. He's so crazy. Anyway, let me look at some of that. Oh, heck no. You should say, you talk too much, so you go to the end of the line. You're not an equal citizen. You should just go ahead and say that. You're not an important citizen. You go to the end of the line. I look at Mayor Watts and we're good friends, so he's just crazy like my son. He'll say anything. Anyway, those are my points. I'll be back. You leave that rule in there and I'll be back at the end of the deal again talking about the same thing. Thank you for your time. Mr. Hespeth, I'm going to try to phrase it as a question. I'm trying to do this very often so I might not do it very well. Did you know, which I think you might have been here, that we did ask for a council work session on this very rule that you're talking about to look at that rule? I know you asked, yes. We're going to be doing that. Secondly, did you know, is just sort of an introductory phrase, that we had a joint meeting with the Denton Independent School Board today with city council and gave emphatic direction to both city staff and I believe the school board concurred that staff would get together to find something that can be done for that stretch and not sooner, not later, but sooner, sooner than later and to explore all kinds of options including DCTA passes, including extra buses, including sidewalks, but just to really begin to continue to brainstorm on that because we can't wait because we heard in the presentation that it was going to take 18 months or 9 months to get that constructed. No, I didn't know that. But those are my comments to you. Thank you again for coming up and it's this kind of, you know, consistency and persistence and perseverance that helps us, you know, continue to take a look at problems. Alright. Anybody else? Any questions? Alright, good. Thank you, Mr. Huss. Thank you. Appreciate it. You betcha. We've come now to our agenda item 7 which is concluding items. Mayor Pro Tem. It was a good thing for all of the council members that used some of their contingency funds to help support the second annual black film festival . The mayor was there Friday night to make a proclamation. I got to attend. It was, I attended a couple of the screenings, went to the gospel concert Sunday afternoon. It's a great event. Probably time for it to get on the funding through Hot Fund s in the future. I hope that they apply for it. I don't know who the staff are, the organizers of that, but hopefully somebody on the city staff could contact them and encourage them to try to get in the queue for that kind of application process. Anybody else? I've got one, but wanted to make sure that my colleagues. Okay, you'll go last. Okay. Just remind me. Yeah. I wanted to, and I mentioned this in the meeting this morning that I was on the phone with Council Member Johnson sitting at the intersection of Shady Oaks and Woodrow Lane where a TV teenager was trying to cross that street. I didn't know whether he was trying to cross Woodrow or come across on Shady Oaks, but there was no controlled intersection there. He literally sprinted across looking frantically every direction to make sure that he was clear. I mean, I was stunned. I was scared. I'd like to get either a work session or an informal staff report on the survey of, well, first of all, what are the standards in which a controlled sidewalk have to meet? Was it a traffic count? Is it whatever those standards are and who has control over that and who defines those rules and if there's any discretion on those? And then a survey of just where are our controlled intersections, our controlled crosswalks in the city, a map of them just so that we can see them. Because I know our city is changing very rapidly and the traffic patterns are changing very rapidly and I think we need to make sure that we're keeping up to date because I'd never seen anybody trying to cross the street right there and I thought, good heavens, it'd be hard enough for me to do that, much less somebody who was about 40 years younger than me and trying to figure that out. So I'd just like to get some more comprehensive information on that and so that we can begin to make some decisions about what do we need to go next from there. So thank you. Council Member Rodin. I think that's a piggyback as a way to make that easier for staff to track that down. We recently, within the last four months, had a joint Traffic Safety Commission meeting and mobility committee in which we reviewed the policy documents for the city that guide that very question. So I think somebody could easily pull that out, get that to us in a backup and I think that would be a good conversation to have. Thank you. Anyone else? Oh, I'm sorry, Council Member Hawkins, yes. Yeah, I know tonight was going to be kind of heavy so I wanted to end it kind of on a lighter note. I'm born and raised Denver, Colorado and the Denver Broncos are in the Super Bowl. So everybody at home, I brought all of my Bronco gear and I 'm about to give you the final score of the Super Bowl game. So you can put, I can get a little help here. Okay? All right. This is the final score of the Super Bowl game, everybody, and I dated it. Okay? Broncos, 27, Panthers, 19. So everybody go place your bets now because I told you to do that. So I just want to end it on a light note and thank you everybody who came out and supported me. So thank you. All right. Thank you. Seeing no other request to speak, we will now adjourn. Thank you.