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August 4, 2020 MinutesCITY OF DENTON CITY COUNCIL MINUTES August 4, 2020 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Closed Meeting on Tuesday, August 4, 2020, at 1:01 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas, consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as indicated below. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: None Prior to commencing the Closed Meeting, Mayor Watts stressed the importance of confIdentiality on the issues to be discussed under the Closed Meeting and advised all Council Members present that if they could not adhere to the need for confIdentiality, they should not participate in the Closed Meeting. All Members participated in the deliberation all items on the Closed Meeting agenda 1. A. ID 20-1486 Consultation with Attorneys- Under Texas Government Code Section 551.071. Consultation, discussion, deliberation, and receipt of information from the City’s attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City’s attorneys with direction, where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. DELIBERATED The item related, in small part, to Work Session Item 3.B (ID 20-1509) to be deliberated at the Work Session to follow. The Closed Meeting was recessed for a short break to allow legal counsel to be placed on queue at 2:06 p.m. and reconvened at 2:13 p.m. 1.B. ID 20- 1487 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys with respect to case status related to an upcoming court hearing concerning certain uninvited communication with the Court in Cause No. DC-17- 08139, styled "Michael Grim and Jim Maynard v. City of Denton, Texas" pending in the 68th Judicial District Court, Dallas County, Texas, as well as any potential impacts or consequences that might bear upon entry of judgment, appeal, or other resolution of the litigation; where public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position in pending litigation. DELIBERATED City of Denton City Council Minutes August 4, 2020 Page 2 The Closed Meeting was recessed for a short break at 2:41 p.m. and reconvened at 2:43 p.m. 1.C. ID 20-1482 Deliberations regarding Personnel Matters-Under Government Code Section 551.074. Discuss and deliberate the appointment/employment of a City Auditor. DELIBERATED The item related to Individual Consideration Item 5. A (ID 20-1481) to be considered at the Regular Meeting being held later in the evening. The Closed Meeting started at 1:07 p.m. and ended at 2:58 p.m. No votes or actions were taken during the Closed Meeting. WORK SESSION After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, August 4, 2020, at 3:16 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: None Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer participated in the work session, closed meeting, and regular meeting via video/teleconference under the provisions allowed by the Texas Government Code Section 551.127. The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process is not read, each member of the City Council received each registration as it was submitted. However, there were no online commentary or call-ins received. 1.Citizen Comments on Consent Agenda Items None. 2 Requests for clarification of agenda items listed on this agenda. • Clarification was requested on the following items: o Council Member Briggs: Consent Items 1.B (ID 20-1315 o Council Member Meltzer: Consent Items 1.C (ID 20-1407) o Council Member Armintor: Consent Items 1.G (ID 20-1413) City of Denton City Council Minutes August 4, 2020 Page 3 • The following item was pulled for Individual Consideration: o Council Member Armintor: Consent Items 1.B (ID 20-1315) and 1.C. (ID 20-1407) o Council Member Briggs: Consent Items 1.H (ID 20-1484) 3. Work Session Reports A. ID 20-1204 Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COViD- 19 response. The item was presented and discussion followed. Following discussion, there was no direction provided as the item was for presentation purposes only. The Work Session was recessed for a short break at 4:22 p.m. and reconvened at 4:31 p.m. B. ID 20-1509 Receive a report, hold a discussion, and give staff direction regarding pending 2020 Non-Annexation Agreements (NAAs). The item related to Item 1. A (ID 20- 1486) during the Closed Meeting held earlier in the day. The item was presented and discussion followed. Following discussion, City Council consensus was to proceed and (1) keep the term of the NAA at 5 years and (2) no changes to Section 5(b), Staff will proceed to address outstanding NAAs C. ID 20-1499 Receive a report, hold a discussion, and give staff direction regarding a proposed natural gas franchise agreement between the City of Denton and Atmos Energy Corporation. The item was presented and discussion followed. John Manganilla, Manager of Public Affairs with Atmos Energy, assisted in presenting the item. Following discussion, there was no direction provided. Formal action to follow on Individual Consideration Item 5.D (ID 20-1467) which related to this item. D. ID 20-1153 Receive a report, hold a discussion, and give staff direction regarding departmental presentations in preparation for the FY 2020-21 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. The item was presented and discussion followed. City of Denton City Council Minutes August 4, 2020 Page 4 Following discussion, there was no direction provided in preparation for the FY 20-21 budget as applicable to Technology Services, Customer Service, and Animal Services. Continued discussion on the budget to continue at upcoming meetings. E.ID 20-1048 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1. A work session to discuss lowering street speed limits in Denton; and 2. A policy discussion regarding passing a resolution "expressing Council’s commitment to work with Denton ISD within our respective limited and overlapping jurisdictions, resources, and abilities, and with local nonprofits as needed, to meet our shared goal of keeping every Denton public school child, staff member, family, and community healthy, protected, physically distanced, housed, and safe from harm under COVID-19." The item was presented and discussion followed. Following discussion, results were as follows: • • Item 20-1048: 1. A work session to discuss lowering street speed limits in Denton. o No Consensus for Work Session Item 20-1048: 2. A policy discussion regarding passing a resolution "expressing Council's commitment to work with Denton ISD within our respective limited and overlapping jurisdictions, resources, and abilities, and with local nonprofits as needed, to meet our shared goal of keeping every Denton public school child, staff member, family, and community healthy, protected, physically distanced, housed, and safe from harm under COVID-19." o Consensus for a Work Session The Work Session ended at 6:38 p.m. REGULAR MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Regular Meeting on Tuesday, August 4, 2020, at 6:43 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: None Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer participated in the work session, closed meeting, and regular meeting via video/teleconference under the provisions allowed by the Texas Government Code Section 551.127. City of Denton City Council Minutes August 4, 2020 Page 5 The posted agenda noted the registration process for public participation at this virtual meeting. While citizen commentary received via the online registration process is not read, each member of the City Council received each registration as it was submitted. However, there were no online commentary or call-ins received. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag and B. Texas Flag 2. PROCLAMATIONS/PRESENTATIONS None. 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. a.ID 20-1394 Pat Smith, 1417 Cambridge Lane, regarding the Shiloh Field Community Garden Update and Partnership Request. - PRESENTED C.Additional Citizen Reports (Open Microphone) None. 4. CONSENT AGENDA The Consent Agenda consisted of Items 4. A-I. During the Work Session held earlier in the day, Items 1.B (ID 20-1315) and 1 .C. (ID 20-1407) were pulled for Individual Consideration by Council Member Armintor; and Item 1.H. (ID 20- 1484) was pulled for Individual Consideration by Council Member Briggs. Council Member Briggs moved to adopt the Consent Agenda, now consisting of Items 4. A, 4.D- G, and 4.1. Motion seconded by Council Member Ryan. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None City of Denton City Council Minutes August 4, 2020 Page 6 A.ID 20-1139 Consider adoption of an ordinance of the City of Denton approving an interlocal cooperation agreement between the City of Denton and the Denton County Transportation Authority ("DCTA"), for the purpose of establishing cyclical and preventative maintenance of the Denton easements portion of the DCTA corridor; authorizing the expenditure of funds; and declaring an effective date. ASSIGNED ORDINANCE NO. 20-1139 D.ID 20-1408 Consider adoption of an ordinance ratifying the expenditure of funds by the City Manager and the Purchasing agent for the Hickory Creek Lift Station pump failure and sanitary sewer overflow in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services made to preserve or protect the public health or safety of the municipality’s residents is exempt from competitive bidding, and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 7253 - Hickory Creek Lift Station pump failure and sanitary sewer overflow expenditure of $179,606.34). The Public Utilities Board recommends approval (7 - 0). ASSIGNED ORDINANCE NO. 20-1408 E.ID 20-1409 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Texan Waste Equipment Inc. dba Hen of Texas, through the Buy Board Cooperative Purchasing Network Contract # 599-19, for the purchase of repair services for Heil refuse bodies for the Solid Waste refuse fleet; providing for the expenditure of funds therefor; and providing an effective date (File 7421 - awarded to Texan Waste Equipment Inc. dba Heil of Texas, in the five (5) year not-to-exceed amount of $450,000). The Public Utilities Board recommends approval (7 - 0). ASSIGNED ORDINANCE NO. 20-1409 F.ID 20-1410 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Rene’ Bates Auctioneers, Inc., for the management of auction services to the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 7334 - awarded to Rene’ Bates Auctioneers, Inc., for a five (5) year term). ASSIGNED ORDINANCE NO. 20-1410 G ID 20-1413 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Sole Source Agreement between the City of Denton and Genscape, Inc., amending the contract approved by City Council on August 2, 2016, in the not-to-exceed amount of $106,354.27; said first amendment to provide the continuation of access to and use of the Genscape platform; which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding; providing for the expenditure of funds City of Denton City Council Minutes August 4, 2020 Page 7 therefor; and providing an effective date (File 6190 - providing for an additional two (2) year with the option for two (2) additional one (1) year terms and first amendment expenditure amount not-to-exceed $286,000, with the total contract amount not-to-exceed $392,354.27). The Public Utilities Board recommends approval (6-0). ASSIGNED ORDINANCE NO. 20-1413 1.ID 20-1463 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Texas Series of Lockton Companies, LLC, for property and causality insurance brokerage services; providing for the expenditure of funds therefor; and providing an effective date (RFP 7365 - awarded to Texas Series of Lockton Companies, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $480,000). ASSIGNED ORDINANCE NO. 20-1463 ITEMS PULLED FOR INDIVIDUAL CONSIDERATION B.ID 20-1315 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Biggs & Mathews Environmental, Inc., for design services of the drop off area located within the Public Disposal Facility at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7109-010 - Professional Services Agreement for design services awarded to Biggs & Mathews Environmental, Inc., in the not-to-exceed amount of $124,500). The Public Utilities Board recommends approval (6 - 1). ASSIGNED ORDINANCE NO. 20-1315 Pulled for Individual Consideration by Council Member Armintor. The item was not presented but discussion followed. There were no online registrations or call-ins on the item Council Member Ryan moved to adopt the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor C ID 20-1407 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Parkhill, Smith & Cooper, Inc., for the design of Landfill Cell Four (4) at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7109-012 - Professional Services Agreement for design services City of Denton City Council Minutes August 4, 2020 Page 8 awarded to Parkhill, Smith & Cooper, Inc., in the not-to-exceed amount of $221,100). The Public Utilities Board recommends approval (7 - 0). ASSIGNED ORDINANCE NO. 20-1407 Pulled for Individual Consideration by Council Member Armintor. The item was not presented but discussion followed. There were no online registrations or call-ins on the item. Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor H.ID 20-1484 Consider adoption of an ordinance authorizing expenditure of an additional $ 100,000.00 in previously budgeted funds for outside counsel and other trial expenses in the litigation styled "City of Denton v. Robert P. Donnelly," pending in the Probate Court of Denton County, Texas; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1484 Pulled for Individual Consideration by Council Member Briggs. The item was not presented but discussion followed. There were no online registrations or call-ins on the item. Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and Meltzer NAYS (2): Council Members Briggs and Armintor 5. ITEMS FOR INDIVIDUAL CONSIDERATION A ID 20-1481 Consider adoption of an ordinance of the City of Denton appointing Madison Rorschach as the City Auditor for a two-year term, beginning on the 8th day of August, 2020, and extending through the 7th day of August, 2022; authorizing the Mayor to execute an employment agreement for term of office; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1481 The item was discussed under Item 1.C (ID 20-1482) during the Closed Meeting held earlier in the day. City of Denton City Council Minutes August 4, 2020 Page 9 The item was not presented and no discussion followed. There were no online registrations or call-ins on the item. Following discussion, Council Member Meltzer moved adopt the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None B.ID 20-1451 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $70,435,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2020"; authorizing the issuance of the bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of bonds; approving and authorizing instruments and procedures relating to said bonds; enacting other provisions relating to the subject; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1451 Council Member Briggs had a conflict of interest on the item and was removed from the video conference for this item, thereby not participating on consideration of the item. The item was presented and discussion followed. Items 5.B (ID 20-1451) and 5.C (ID 20-1455) were collectively read into the record, presented, and discussed, but voted on individually. There were no online registrations or call-ins on the item. Following discussion, Council Member Ryan moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and Meltzer NAYS (1): Council Member Aunintor ABSTAIN (1): Council Member Briggs C ID 20-1455 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $64,370,000 in principal amount of "City of Denton Certificates of Obligation, Series 2020"; authorizing the issuance of the certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to said certificates; enacting other provisions relating to the subject; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1455 City of Denton City Council IVlinutes August 4, 2020 Page 10 Council Member Briggs had a conflict of interest on the item and was removed from the video conference for this item, thereby not participating on consideration of the item. Items 5.B (ID 20-1451) and 5.C (ID 20-1455) were collectively read into the record, presented, and discussed, but voted on individually. There were no online registrations or call-ins on the item. Following discussion, Council Member Ryan moved to adopt the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, and Meltzer NAYS (1): Council Member Armintor ABSTAIN (1): Council Member Briggs D ID 20-1467 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, granting to Atmos Energy Corporation, Mid-Tex Division, a Texas and Virginia Corporation, its successors and assigns, a non-exclusive franchise to furnish, transport, and supply natural gas to the general public in the City of Denton and Denton County, Texas, to construct, maintain, and operate pipelines and equipment in the City of Denton, Texas, for the transportation, delivery, sale, and distribution of natural gas in, out of and through said City for all purposes; providing for the payment of a fee or charge for the use of the public rights-of-ways; providing that such fee shall be in lieu of other fees and charges, excepting Ad valorem taxes; repealing all previous Atmos Energy Gas Franchise Ordinances; prescribing the terms, conditions, obligations and limitations under which such franchise shall be exercised; a most favored nations clause; a severability clause; and providing an effective date. ASSIGNED ORDINANCE NO. 20-1467 The item related to Item 3.C (ID 20-1499) deliberated during the Work Session held earlier in the day. The item was not presented and no discussion followed. There were no online registrations or call-ins on the item. Following discussion, Mayor Pro Tem Hudspeth moved to adopt the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None City of Denton City Council Minutes August 4, 2020 Page 11 6. CONCLUDING ITEMS Council Members expressed items of interest. With no further business, the meeting was adjourned at 7:26 p.m. &£2Lz F MINUTES APPROVED ON ROSA RIOS MAYOR CITY OF DENTON, TEXAS CITY SECRETARY CITY OF DENTON, TEXAS • P'Sb.q + I r 1lb St