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November 10, 2020 minutes CTI Y OF DENTON CITY COUNCIL MINUTES November 10, 2020 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, November 10, 2020, at 3:02 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts,Mayor Pro Tern Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor; and Paul Meltzer ABSENT: None Also present were City Manager Todd Hileman and City Attorney Aaron Leal. 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 special called 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 was not read, each member of the City Council received each registration as it was submitted. WORK SESSION 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 None • The following item was pulled for Individual Consideration: o Council Member Briggs: Item 2.0 (20-2243) 3. Work Session Reports A. ID 20-1977 Receive a report,hold a discussion, and give staff direction regarding an internal audit of Health Insurance Operations. The item was presented and discussion followed. City of Denton City Council Minutes November 10,2020 Page 2 Following discussion, there was no direction provided as the presentation was for reporting purposes only. B. ID 20-2179 Receive a report,hold a discussion,and give staff direction regarding the funding priorities, annual grant processes carried out by the Community Development Advisory Committee and the Human Services Advisory Committee, and funding availability_ The item was presented and discussion followed. Following discussion, there was no direction provided as the presentation was for reporting purposes only. C. ID 20-2187 Receive a report, hold a discussion, and give staff direction regarding the trails concept map for future identification, renovation, and expansion of facilities and trails. The item was presented and discussion followed. Following discussion, City Council consensus was to proceed with the plan and concept as presented. The work session ended at 4:40 p.m. CLOSED 11IEETING 1. The City Council convened into a Closed Meeting at 4:40 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. A. ID 20-2115 Deliberation Regarding Certain Public Power Utilities Competitive Matters - Under Texas Government Code Section 551.086;Consultation with Attorneys-Under Texas Government Code Section 551.071. Discuss and deliberate renewable energy strategies and possible opportunities to amend existing, and consider new, power purchase agreements; receive a presentation from staff regarding public power competitive and financial matter pertaining to the purchase of renewable energy; consultation with the City's attorneys regarding legal issues associated with the agreements described above where discussions of these legal matters in an open meeting would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. DELIBERATED Council Members Armintor and Meltzer were present during the presentation of the item; and after determining a conflict of interest existed, were removed from the video conference thereby not participating on its deliberation. City of Denton City Council Minutes November 10,2020 Page 3 The closed meeting started at 4:48 p.m. and ended at 5:08 p.m. No votes or actions were taken during the closed meeting. SPECIAL CALLED MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Meeting on Tuesday,November 10,2020,at 5:16 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 Also present were City Manager Todd Hileman and City Attorney Aaron Leal. Note: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth, and Council Members Keehy Briggs, Jesse Davis, John Ryan, Deb Armintor and Paul Meltzer participated in the work session, closed meeting, and special called 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. 1. PROCLANIATIONS/PRESENTATIONS A. ID 20-2233 Women Veterans of America Chapter 48 PRESENTED The proclamation was presented prior to the start of scheduled public hearings (Item 4). 2. CONSENT AGENDA The Consent Agenda consisted of Items 2.A-N. During the Work Session held earlier in the day, Item 2.0 (20-2243)was pulled for Individual Consideration by Council Member Briggs. Mayor Pro Tem Hudspeth moved to adopt the Consent Agenda,now consisting of Items 2.A, 2.13, and 2.D-N. Motion seconded by Council Member Ryan. Motion carried. AYES (7): Mayor Chris Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0):None City of Denton City Council Minutes November 10,2020 Page 4 A. ID 20-2101 Consider adoption of an ordinance of the City of Denton approving an Assignment of Airport Lease from Planes of History, Inc. to Samsev, LLC of an Airport Lease covering property at 4665 Spartan Drive, Denton, Texas at the Denton Enterprise Airport; authorizing the City Manager,or his designee,to execute the Assignment of Airport Lease; and providing an effective date. Council Airport Committee recommends approval (3-0) ASSIGNED ORDINANCE NO. 20-2101 B. ID 20-2158 Consider approval of the minutes of October 20 and October 27, 2020. APPROVED D. ID 20-2198 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Gee Consultants, Inc., amending the contract approved by City Council on February 20, 2018, in the not-to-exceed amount of $750,000; amended by the First Amendment approved by Purchasing; said second amendment to continue to provide construction materials testing services; providing for the expenditure of funds therefor; and providing an effective date (File 6589 - providing for an additional second amendment expenditure amount not-to-exceed $187,500, with the total contract amount not-to-exceed $937,500). ASSIGNED ORDINANCE NO. 20-2198 D. ID 20-2199 Consider adoption of an ordinance of the City of Denton, a Texas home-ruled municipal corporation, rejecting any and all competitive bids under IFB 7402 for professional demolition service, removal, and cleanup of two (2) commercial buildings located on the proposed Eagle Substation site; and providing an effective date (IFB 7402). ASSIGNED ORDINANCE NO. 20-2199 F. ID 20-2200 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 Total Maintenance Solutions South, Inc., for the procurement of touch-free products for various City departments;providing for the expenditure of funds therefor; and providing an effective date(IFB-BV 7412-awarded to Total Maintenance Solutions South,Inc.,for three(3)years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not- to-exceed amount of$75,000). ASSIGNED ORDINANCE NO. 20-2200 G. ID 20-2202 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 Anixter Inc., for the supply of linemen's tools and accessories for the Denton Municipal Electric Department;providing for the expenditure of funds therefor; and providing an effective date (IFB 7427 - awarded to Anixter Inc, 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$653,089). ASSIGNED ORDINANCE NO. 20-2202 City of Denton City Council Minutes November 10,2020 Page 5 H. ID 20-2203 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 Schweitzer Engineering Laboratories, Inc., for the purchase of protective relay panels for Denton Municipal Electric's Brinker Substation;providing for the expenditure of funds therefor; and providing an effective date (RFP 7428 - awarded to Schweitzer Engineering Laboratories, Inc., in the not-to-exceed amount of$230,220). ASSIGNED ORDINANCE NO. 20-2203 I. ID 20-2204 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 Schweitzer Engineering Laboratories, Inc., for the purchase of SEL protective relays, controls, monitoring, metering, software, integration, accessories, and devices for Denton Municipal Electric, which is the sole provider of these commodities and services, 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, and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 7429 - awarded to Schweitzer Engineering Laboratories, Inc., in the five (5) year not-to- exceed amount of$1,864,638). ASSIGNED ORDINANCE NO. 20-2204 J. ID 20-2205 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7431 for North Lakes Recycling Drop-Off, and providing an effective date (RFP 7431). ASSIGNED ORDINANCE NO. 20-2205 K. ID 20-2206 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 Electric Cooperatives, Inc., for galvanized steel transmission poles, anchor cages, and associated hardware for the Denton Municipal Electric Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7433 -awarded to Texas Electric Cooperatives, Inc., in the not-to-exceed amount of$104,338). ASSIGNED ORDINANCE NO. 20-2206 L. ID 20-2207 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 GWB Enterprises, LLC dba Clean & Green Car Wash, for vehicle washing and detailing services for various City of Denton departments;providing for the expenditure of funds therefor; and providing an effective date (IFB-BV 7455 - awarded to GWB Enterprises, LLC dba Clean & Green Car Wash, 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$150,000). ASSIGNED ORDINANCE NO. 20-2207 City of Denton City Council Minutes November 10,2020 Page 6 M. ID 20-2223 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 MSB Constructors, Inc., for the construction of the Denton Development Services Parking Lot Improvements Project for the City of Denton;providing for the expenditure of funds therefor; and providing an effective date (IFB 7452 - awarded to MSB Constructors, Inc., in the not- to-exceed amount of$944,964.30). ASSIGNED ORDINANCE NO. 20-2223 N. ID 20-2310 Consider adoption of an ordinance of the City of Denton approving a first amendment to the employment agreement for Presiding Judge Tyler Atkinson;and providing an effective date ASSIGNED ORDINANCE NO. 20-2310 ITEM PULLED FOR INDIVIDUAL CONSIDERATION C. ID 20-2243 Consider adoption of an ordinance of the City of Denton authorizing the city manager, or his designee, to execute a service agreement by and between The Junction of Denton County and the City of Denton and providing for the expenditure of funds for homelessness initiatives in the amount of $100,000.00 for Rapid Re-Housing rental assistance in furtherance of the coordinated system of homeless assistance programs; authorizing the expenditure of funds therefor; and providing an effective date. ASSIGNED ORDINANCE NO. 20-2243 Pulled for Individual Consideration by Council Member Briggs. The item was presented and discussion followed. Following discussion, Council Member Armintor moved to adopt the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem. Hudspeth and Council Members Briggs, Davis, Ryan,Armintor, and Meltzer NAYS (0):None 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 20-2191 Consider approval of a resolution of the City Council of the City of Denton authorizing and ratifying a letter of intent for the City to support the United Way of Denton County's application and proposal for Emergency Solutions Grant Coronavirus Relief Funding Round Two for homelessness prevention and rapid re-housing through a contribution of funding in the amount of$500,000; and providing an effective date. ASSIGNED RESOLUTION NO. 20-2191 There were no online registrations or call-ins on the item. City of Denton City Council Minutes November 10,2020 Page 7 The item was presented and discussion followed. Following discussion, Council Member Meltzer moved to adopt the item as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0):None B. ID 20-2110 Consider adoption of an ordinance of the City of Denton, Texas, amending the fiscal year 2020-2021 budget and Annual Program of Services of the City of Denton to allow for adjustments to the Animal Control Donation Fund of seventy six thousand dollars ($76,000), declaring a municipal purpose;providing a severability clause, an open meetings clause and an effective date. ASSIGNED ORDINANCE NO. 20-2110 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Meltzer moved to adopt the item as presented. Motion seconded by Council Member Armintor. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSENT WHEN VOTE TAKEN (1): Council Member Davis C. ID 20-2194 Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for the payment of wholesale transmission charges in the total amount of$7,181,039.73, and,providing an effective date. ASSIGNED ORDINANCE NO. 20-2194 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Ryan moved to adopt the item as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0):None City of Denton City Council Minutes November 10,2020 Page 8 D. ID 20-2235 Consider adoption of an ordinance of the City of Denton amending the provisions of Section 6-8 of the Code of Ordinances Restraining Animals and Tethering Animals to prohibit the tethering of animals with certain exceptions;providing for a severability clause; providing for a savings clause; providing for a penalty; providing for codification; and providing an effective date. ASSIGNED ORDINANCE NO.20-2235 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion,Council Member Briggs moved to adopt the item as presented.Motion seconded by Council Member Armintor. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None The special called meeting was recessed for a short break at 6:13 p.m.and reconvened at 6:20 p.m. Item LA (ID 20-2233), Proclamation to Women Veterans of America Chapter 48, was presented at this time. See the item for details (Page 3). The special called meeting was recessed for a short break at 6:29 p.m.and reconvened at 6:36 p.m. 4. PUBLIC HEARINGS A. S20-0001a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,approving a Specific Use Permit to allow for a multi-family dwelling use on approximately 9.91 acre site, generally located west of Mockingbird Lane, south of the Mingo Road, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2000.00 for violations thereof; providing for severability; and establishing an effective date. (S20-0001,Mockingbird Multi-Family, Ron Menguita) ASSIGNED ORDINANCE NO. S20-0001 a All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. The summary of public commentary/registrations. See Exhibit A for details. The item was presented and discussion followed. The public hearing was opened and citizen comments received are noted in Exhibit A. With no other callers on queue, the public hearing was closed. City of Denton City Council Minutes November 10,2020 Page 9 Following discussion, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Ryan. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Davis,Ryan, and Meltzer NAYS (2): Council Members Briggs and Armintor The special called meeting was recessed for a short break at 7:16 p.m.and reconvened at 7:22 p.m. B. ZCI20-0001 c Hold a public hearing and consider adoption of an ordinance of the City of Denton,Texas,regarding a change in the zoning district and use classification from Suburban Corridor (SC)to a Public Facilities (PF) Zoning District, on approximately 5 acres of land, generally located west on Loop 288,approximately 900 feet south of Audra Lane,in the City of Denton,Denton County,Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2000.00 for violations thereof, and providing for a severability clause and an effective date. (ZCI20-0001, Loop 288 Property, Ron Menguita) ASSIGNED ORDINANCE NO. ZCI20-0001c All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. The summary of public commentary/registrations. See Exhibit A for details. The item was presented and discussion followed. The public hearing was opened and with no callers in the queue, the public hearing was closed. Following discussion, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Armintor. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tern Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0):None C. S20-0005b Hold a public hearing and consider an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow for a Minor Automotive Repair Use on approximately 0.201 acres of land, generally located on the west side of South Elm Street, 70 feet north of the northwest corner of South Elm Street and West Highland Street in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing for severability; and establishing an effective date. (S20-0005b, S Elm Tire Shop, Sean Jacobson). ASSIGNED ORDINANCE NO. S20-0005b City of Denton City Council Minutes November 10,2020 Page 10 There were no online registrations on the item. The item was presented and discussion followed. The public hearing was opened and citizen comments received are noted in Exhibit A. With no other callers on queue,the public hearing was closed. Following discussion, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0):None D. PD20-0006a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a change in zoning district and use classification from Mixed Use Regional (MR) District to Planned Development(PD) District on approximately 38.2 acres, generally located on the east side of the Interstate Highway 35 frontage road and the west side of Bonnie Brae Street between West Oak Street and Scripture Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (PD20-0006a,Texas Health Resources, Hayley Zagurski). ASSIGNED ORDINANCE NO. PD20-0006a The item was presented and discussion followed. There were no online registrations/call-ins on the item. The public hearing was opened and with no callers in the queue, the public hearing was closed. Following discussion,Council Member Briggs moved to adopt the item as presented.Motion seconded by Council Member Armintor. 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 November 10,2020 Page 11 E. DCA20-0001f Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Denton Development Code; specifically, amending Sections 2.3.3A through 2.3.3C,related to Planning and Zoning Commission Operational Procedures; Sections 2.6.1A through 2.6.11),related to Subdivision Procedures; and Sections 8.4.6A and 8.4.6B, related to Development Contracts; providing for a penalty in the maximum amount of$2,000.00 for violations thereof; and providing a severability clause and an effective date. STAFF IS REQUESTING THAT THIS ITEM BE POSTPONED TO A DATE UNCERTAIN. (DCA20-0001, DDC Amendments, Ron Menguita) POSTPONED TO A DATE UNCERTAIN The item was postponed as noted above. F. S20-0003b Hold a public hearing and consider an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow for a Multi-Family Dwelling use on approximately 21.960 acres of land, generally located on the northwest corner of Shady Shores Road and Lakeview Boulevard, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of$2,000.00 for violations thereof; providing for severability; and establishing an effective date. (S20-0003b, Shady Shores Towne Crossing Multifamily)THE APPLICANT HAS REQUESTED A POSTPONEMENT TO A DATE INDEFINITE PURSUANT TO SECTION 2.4.7.0 OF THE 2019 DENTON DEVELOPMENT CODE. POSTPONED INDEFINITELY Although the item was not presented for public comment or consideration, all members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting. The summary of public commentary/registration(s) is noted in Exhibit A. The item was postponed indefinitely as noted above. G. AESA20-0005c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas approving a request for an Alternative Environmentally Sensitive Area Plan. The subject property is generally located on the northwest corner of Shady Shores Road and Lakeview Boulevard in the City of Denton, Denton County, Texas. (AESA20-0005 Shady Shores Town Center Multifamily, Christi Upton). THE APPLICANT HAS REQUESTED A POSTPONEMENT TO A DATE INDEFINITE PURSUANT TO SECTION 2.4.7.0 OF THE 2019 DENTON DEVELOPMENT CODE. POSTPONED INDEFINITELY Although the item was not presented for public comment or consideration, all members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting. The summary of public commentary/registration(s) is noted in Exhibit A. The item was postponed as noted above. City of Denton City Council Minutes November 10,2020 Page 12 5. CONCLUDING ITEMS Council Members expressed items of interest. With no further business, the meeting was adjourned at 8:39 p.m. CHRIS WA S CATHY WELBORN MAYOR ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS By: Interim Mayor Pro Tem Jesse Davis MINUTES APPROVED ON: -Z)G�.C.g=M)og JC ---0 N O m ' z 3 0 .5 sue. c .5 > E a.s c o s° :3 a s •-1 - eci 0 3 ° y« y a o 3 c 0.a _p v o E3 y o" v o 3 .. N y 'O 75 ° GOO a t o o E . 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