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
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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.
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MINUTES APPROVED ON
ROSA RIOS
MAYOR
CITY OF DENTON, TEXAS
CITY SECRETARY
CITY OF DENTON, TEXAS
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