Denton City Council Meeting – August 5, 2025
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Denton City Council Meeting – August 5, 2025
The Denton City Council met on Tuesday, August 5, 2025, at 2:00 PM in a combined work session and regular meeting. The work session focused on fair chance hiring ("ban the box") policy options. The regular agenda included a proclamation for Gun Safety Awareness Month, a public hearing on updated water/wastewater impact fees, consideration of a 4% housing tax credit application for the Waterford at Spencer Oaks apartments, approval of multifamily housing revenue bonds for Roselawn Village, a contract amendment for the Pecan Creek wastewater treatment plant expansion, and a contract for traffic signal construction services. Several votes were taken, and one item was postponed.
Consent Calendar
- The consent agenda was approved unanimously (6-0) with no items pulled.
Public Comments & Testimony
- Terry Johnson (Health Services of North Texas) – Invited council to National Health Center Week event on Thursday, August 7, at Serve Denton Center.
- David Lady (Dallas Builders Association) – Opposed the proposed water/wastewater impact fee increase, stating it would add $64,000–$84,000 to the cost of a home over a 30-year mortgage. Urged council to implement fees at 50% of the maximum or phase them in.
- Amy Bassett (representing developers) – Requested a later effective date for the new impact fees (at least 8–12 months) to allow projects already in the pipeline to be grandfathered under current fees.
- Chris Watts (former mayor) – Criticized the city for not having an operational Public Facility Corporation (PFC), arguing that the Waterford project was sending development fees outside Denton. Called for council to implement the PFC to retain local control and maximize community benefits.
Discussion Items
- Work Session: Fair Chance Hiring (Item 3A) – Chief of Staff Christy Fogle presented staff options: (1) move forward with an ordinance, (2) adopt an internal policy formalizing the city’s existing practice (which already delays criminal history inquiries until after a conditional job offer), or (3) take no action. Councilmember McGee proposed a fourth option: the city would create a voluntary program providing information and resources on its website, link to workforce commission resources, and potentially recognize businesses that opt in. After debate, the majority (Mayor, Councilmembers McGee, Mayor Pro Tem, Councilmember Bird) expressed support for the voluntary fourth option and for formalizing the city’s internal policy (option 2). Councilmembers Holland and Jester opposed (option 3), and Councilmember Jester noted she had not had time to evaluate the new proposal. Staff was directed to develop the voluntary program.
- Public Hearing: Water/Wastewater Impact Fee Update (Item 5A) – Stephen Gay (General Manager of Water Utilities) presented the study showing a need to increase fees to fund infrastructure for growth. The maximum recoverable fee was calculated, but staff recommended 75% cost recovery (down from 100%) to balance development costs and ratepayer impacts. Discussion included concerns about the effective date (proposed January 1, 2026), the impact on housing affordability, and whether the city could create a separate service area for the ETJ. Councilmember McGee suggested phasing in the fees starting at 50%. The public hearing was closed; the item will return for adoption on August 19, 2025.
- Public Hearing: Waterford at Spencer Oaks – 4% Housing Tax Credit (Item 5B) – Jesse Kent (Director of Community Services) presented a request for a resolution of no objection for the rehabilitation of existing 208 affordable housing units. The developer (April Housing) would invest ~$80,000 per unit and extend affordability for 30 years. The project would use a Tarrant County housing authority (CHDO) because the Denton Housing Authority declined to participate. Councilmember McGee made a motion to approve, but Councilmember Jester moved to table the item to allow time to explore working with the Denton Housing Authority. The tabling motion passed 4–2 (Mayor, Councilmembers Jester, Holland, and Mayor Pro Tem in favor; Councilmembers Bird and McGee opposed). The item will return at a later date.
- Roselawn Village Multifamily Housing Revenue Bonds (Item 6A) – Staff presented the resolution approving bond issuance for Roselawn Village, an affordable housing project previously approved by council in February 2025. Mayor expressed concerns about traffic infrastructure on Bernard Street. Councilmember McGee clarified the property is zoned multifamily and a neighborhood meeting supported the project. The resolution was approved 5–1 (Councilmember Holland opposed).
- Pecan Creek Wastewater Treatment Plant Expansion – Contract Amendment (Item 6C) – Jason Donald (Water Utilities Project Manager) explained that building a new 30 MGD plant would save $133 million compared to rehabilitating the existing plant. The amendment with Kimley-Horn increased the contract from $14.9 million to $33.8 million for design and construction administration. Approved 6–0.
- Traffic Signal Construction Services Contract (Item 6D) – Scott McDonald (Director of Development Services) presented a five-year contract (up to $7.1 million) for traffic signal work at multiple intersections, including reuse of an existing signal pole. Approved 6–0.
Key Outcomes
- Fair Chance Hiring: Council directed staff to develop an internal policy (option 2) and a voluntary public-facing program (option 4) that would provide information and potentially recognize businesses. No formal vote was taken as this was a work session.
- Water/Wastewater Impact Fees: The public hearing was closed; council will consider adoption of the updated fees (with staff’s recommended 75% cost recovery and a January 1, 2026 effective date) at the August 19, 2025 meeting.
- Waterford at Spencer Oaks: The item was postponed (tabled) by a 4–2 vote to allow council to explore a partnership with the Denton Housing Authority. The resolution of no objection will be considered at a future meeting.
- Roselawn Village Bonds: Approved (5–1) – Councilmember Holland voted against.
- Pecan Creek WWTP Expansion: Approved (6–0).
- Traffic Signal Construction Services: Approved (6–0).
- Closed Session: The council met in closed session from approximately 2:52 PM to 6:31 PM to discuss personnel and legal matters. No official action was taken.
Other Notable Items
- A proclamation was presented declaring August 2025 as Gun Safety Awareness Month in Denton, recognized by Eric Gonzalez from Cook Children’s Medical Center.
- Councilmember McGee noted the 60th anniversary of the Voting Rights Act (August 6, 1965) and reminded the public about upcoming school zone safety as classes resume.
Meeting Transcript
Good afternoon and welcome to this meeting of the Denton City Council today, Tuesday, August 5th, 2025. It is 2 p.m. We do have a quorum, so we'll call the meeting to order. And we did get advanced notice that uh council member Beck won't be joining us today. He's out of town. Um that takes us to in person or let's see, no, sorry. Got it. Citizen comments on the consent agenda. Any citizen comment? Thank you very much. That takes us to request for clarification on agenda items listed on listed on this agenda for public hearing or individual consideration. So public hearing or individual consideration. Any questions or clarification? Seeing none, that takes us to our first work session. And that's 3A, ID 25, 1178 receive report hold discussion and give staff direction regarding the prevention of injuries. Pardon me, inquiries of an applicant's criminal history prior to making conditional offers of employment unless a law requires an early inquiry. Good afternoon, Mayor and Council Christy Fogle, Chief of Staff. As a reminder, Councilmember McGee presented a two-minute pitch to consider a work session to discuss prevention of inquiries of an applicant's criminal history prior to making conditional offers of employment on February 4th. On February 14th, an ISR was published, and the agenda committee then routed the pitch to a work session. While this is the most recent iteration of this pitch, council did consider an ordinance last June, as well as an uh alternative program proposed by the chamber. At that time, in lieu of the ordinance, council provided direction to the chamber to implement their proposed program, which consisted of quarterly meetings for businesses interested in pursuing fair chance hiring efforts, including uh the federal government's work opportunity tax credits and the state's fidelity bonding program. The program also included promotional incentives like including a fair chance hiring friendly indicator on the chamber's business listings. In December of 2024, the chamber provided an update to council citing a delay in the implementation of their proposal. Umfortunately, Erin Carney with the chamber was planning to be here this afternoon for today's presentation, but is dealing with some health related issues and is not able to join us. Prior to this presentation, she did relay that the chamber does not have any current plans to implement this program. Fair chance hiring is the policy or practice of not considering an applicant's criminal history until later in the hiring process. The National Employment Law Project cites that about 37 states and 150 local governments have fair chance hiring regulations for themselves as public employers, and that 15 states and 22 local governments extend those laws to private employers within their jurisdiction. There's no federal or state law prohibiting an employer from inquiring about an applicant's criminal history prior to making a conditional offer, though some laws require a background check for certain positions like peace officers, criminal justice, insurance, child care, and energy industry positions. Title VII of the Civil Rights Act of 1964 prohibits facially neutral employment practices that cause a discriminatory impact. The EEOC advises that an employer that rejects everyone with a conviction from all employment opportunities is likely engaging in Title VII discrimination. And the EEOC has also interpreted Title VII to mean that employers can request criminal history information, provided it does not result in unequal treatment with respect to a protected class. And that to avoid discrimination, employers should conduct an individualized assessment of candidates' criminal record. The EEOC's best practice recommendations suggest that employers consider asking criminal history questions later in the hiring process. The City of Denton as an employer does not require, it does not inquire about criminal history or conduct a background check until after a conditional offer of employment is made. Businesses may utilize fair chance hiring practices or policies based on their internal requirements or utilization of best practices. Based on the NELP data, most local governments have enacted that have enacted Fair Chance hiring laws only apply to their organization as an employer, and an even greater number likely utilize these practices outside of formal regulation. This chart here lists the jurisdictions in Texas that have enacted some sort of ordinance. If council wishes to move forward with an ordinance, some considerations include uh definitions of relevant terms and conditions, the applicability and exemptions could include exempting governmental agencies like the county, school districts, colleges and universities, positions that have uh federal, state, or local requirements to disqualify based on criminal history, and businesses with less than 15 full-time employees. Um the requirements and administration of the ordinance, the investigation process, uh the city does not have the capacity to conduct investigations, um, but implementation could follow the city's existing non-discrimination ordinance and penalties for those that violate or do not comply with the ordinance. So seeking council direction today, um, option one is move forward with an ordinance. At council's direction, staff can publish an ISR with the the decision points of an ordinance and then come back at a future work session to work through those. Option two, move forward with an internal policy formalizing the city's fair chance hiring efforts, or option three, do not move forward with the pitch. And with that, I will turn it back to the mayor. Thank you very much. Uh questions for staff. I'll go uh representative from district five, then Mayor Proteum. Um, Mayor, you want to take it all go ahead and do direction everything? Yes, please. Okay. Um so I would like to start out by saying my direction is for option two.
openpublica.com