Janaury 12, 2021CITY OF DENTON CITY COUNCIL MINUTES
January 12, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, January 12, 2021, at 3:01 p.m. in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia
Johnson, Connie Baker, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal.
Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia
Johnson, Connie Baker, John Ryan, Deb Armintor, and Paul Meltzer participated in the
work session, and special 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.
•Council Member Meltzer: Item 1.P (20-2579)
• The following item(s) was/were pulled for Individual Consideration:
o Council Members Armintor and Meltzer: Item 1.B (20-2564)
3. Work Session Reports
A. ID 20-1978 Receive a report, hold a discussion, and give staff direction regarding an internal
audit of Meter Reading & Billing: Electric & Water Utilities.
The item was presented and discussion followed.
Following discussion, there was no direction provided as the presentation was for reporting
purposes only.
City of Denton City Council Minutes
January 12, 202 1
Page 2
B. ID 20-2094 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for:
(1) Have the City to audio record and archive as confidential all closed Council and
board/committee meetings
The item was presented and discussion followed.
Following discussion, results were as follows:
• Item 20-2094 (1): Have the City to audio record and archive as confidential all closed
Council and board/committee meetings
o Consensus was to move forward with a work session.
The work session ended at 3:30 p.m.
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, January 12, 2020, at 3:30 p.m. in the Council
Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia
Johnson, Connie Baker, John Ryan, Deb Armintor, and Paul Meltzer
ABSENT: None
Also present were City Manager Todd Hileman and City Attorney Aaron Leal.
Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia
Johnson, Connie Baker, John Ryan, Deb Armintor, and Paul Meltzer participated in the
work session, and special 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.
1. CONSENT AGENDA
The Consent Agenda consisted of Items 1. A - P. During the Work Session held earlier in the day,
Item 1.B (20-2564) was pulled for Individual Consideration by Council Members Arnlintor and
Meltzer
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January 12, 202 1
Page 3
Council Member Meltzer moved to adopt the Consent Agenda, now consisting of Items 1. A and
1.C - P. Motion seconded by Council Member Ryan. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, Ryan,
Armintor, and Meltzer
NAYS (0): None
A. ID 20-2162 Consider approval of the minutes of December 1, December 7, and December
17, 2020.
APPROVED
C.ID 20-2565 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation ("City"), authorizing the City Manager, or his designee, to execute a
memorandum of understanding regarding electrical distribution switching procedures with
Texas Woman’s University, a Texas higher education institution (’'TWU"), to ensure electric
system reliability and safety for parties by establishing electric distribution system switching
procedures; and, providing an effective date.
ASSIGNED ORDINANCE NO. 20-2565
D.ID 20-2450 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 Zimmerer Kubota & Equipment, Inc., through the Buy Board Cooperative Purchasing
Network Contract # 597-19, for the purchase of one (1) Model KX080 and one (1) Model
KX040 Kubota excavator for the Streets and Water Distribution Departments; providing for
the expenditure of funds therefor; and providing an effective date (File 7539 - awarded to
Zimmerer Kubota & Equipment, Inc., in the not-to-exceed amount of $145,633.83). The
Public Utilities Board recommends approval (6-0).
ASSIGNED ORDINANCE NO. 20-2450
E ID 21-015 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a fourth amendment to a Professional
Services Agreement between the City of Denton and Hazen and Sawyer, P.C., amending the
contract approved by City Council on July 21, 2015, in the not-to-exceed amount of
$427,368.00; amended by Amendments 1, 2, and 3 approved by City Council; said fourth
amendment to provide additional engineering services and permitting support for the
Hickory Creek Detention Facility and the Hickory Creek Lift Station project; providing for
the expenditure of funds therefor; and providing an effective date (File 5768 - providing for
an additional fourth amendment expenditure amount not-to-exceed $144,150.00, with the
total contract amount not-to-exceed $1,346,964.00).
ASSIGNED ORDINANCE NO. 21-015
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January 12, 2021
Page 4
F.ID 21-017 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a third amendment to the Professional
Services Agreement between the City of Denton and Halff Associates, Inc., amending the
contract approved by City Council on November 6, 2018, in the not-to-exceed amount of
$837,900.00; Amendments 1 and 2 were approved by Purchasing staff; said third amendment
to provide additional surveying and engineering services is necessary for the design of the
water mains, sanitary sewers, storm sewers, and culverts in Elm Street and Locust Street, and
a drainage study of North Pecan Creek and Pecan Creek; providing for the expenditure of
funds therefor; and providing an effective date (File 6590-041 - providing for an additional
third amendment expenditure amount not-to-exceed $177,840.00, with the total contract
amount not-to-exceed $1,056,040.00).
ASSIGNED ORDINANCE NO. 21-017
G.ID 21-018 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 Professional
Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc.,
amending the contract approved by City Council on January 14, 2020, in the not-to-exceed
amount of $1,398,600.00; said first amendment to provide additional design engineer
services, permitting services, and construction administration services in support of the
Northwest Booster Pump Station and Water Transmission Main project; providing for the
expenditure of fa:nds therefor; and providing an effective date (RFQ 6590-081 - providing
for an additional first amendment expenditure amount not-to-exceed $126,300.00, with the
total contract amount not-to-exceed $1,524,900.00).
ASSIGNED ORDINANCE NO. 21-018
H.ID 21-019 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 Professional
Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc.,
amending the contract approved by City Council on January 14, 2020, in the not-to-exceed
amount of $922,800.00; said first amendment to provide additional utility conflict analysis,
surveying, easement acquisition, design, bidding, and construction administration services
in support of the State reimbursable relocation of water and wastewater utilities within the
Interstate Highway 35E Right-of-Way; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 6590-084 - providing for an additional first amendment
expenditure amount not-to-exceed $165,000.00, with the total contract amount not-to-exceed
$1 ,087,800.00).
ASSIGNED ORDINANCE NO. 21-019
I. ID 21-020 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a third amendment to a contract between
the City of Denton and USIC Locating Services, LLC, amending the contract approved by
City Council on June 19, 2018, in the not-to-exceed amount of $1,200,000.00; amended by
City of Denton City Council Minutes
January 12, 2021
Page 5
Amendments 1-2 approved by Purchasing; said third amendment to continue to supply
underground utility locating services; providing for the expenditure of funds therefor; and
providing an effective date (File 6736 - providing for an additional third amendment
expenditure amount not-to-exceed $300,000.00, with the total contract amount not-to-exceed
$ 1 ,500,000.00).
ASSIGNED ORDINANCE NO. 21-020
J.ID 21-021 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 vendors for the rental of heavy trucks for various City of Denton departments; providing
for the expenditure of funds therefor; and providing an effective date (IFB 7464 - awarded
to Big Truck Rental, LLC, Herc Rentals, Inc., Industrial Power, LLC, and Rush Truck
Leasing, 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 $450,000.00).
ASSIGNED ORDINANCE NO. 21-021
K.ID 21-022 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 Roll-Offs USA, Inc., for the purchase of steel refuse and recycling containers for the
Solid Waste Department; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7503 - awarded to Roll-Offs USA, 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 $2,438, 173.00).
ASSIGNED ORDINANCE NO. 21-022
L.ID 21-023 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 Houston Mac Haik Dodge Chrysler Jeep Ram LTD, Houston-Galveston Area Council
of Governments (H-GAC) Cooperative Purchasing Program Contract Number AM10-2C), for
one (1) new Frazer Medic and two (2) remounted Frazer medics for the Fire Department;
providing for the expenditure of funds therefor; and providing an effective date (File 7557 -
awarded to Houston Mac Haik Dodge Chrysler Jeep Ram LTD, in the not-to-exceed amount
of §632,824.00).
ASSIGNED ORDINANCE NO. 21-023
M ID 21-024 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 Siddons-Martin Emergency Group, LLC, through the Buy Board Cooperative
Purchasing Network Contract #571-18, for one (1) Pierce Custom Enforcer Pumper Engine
for the Fire Department; providing for the expenditure of funds therefor; and providing an
effective date (File 7558 - awarded to Siddons-Martin Emergency Group, LLC, in the not-
to-exceed amount of $764,947.00).
ASSIGNED ORDINANCE NO. 21-024
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January 12, 2021
Page 6
N.ID 21-025 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 Caterpillar, Inc. dba Holt CAT, through the Sourcewell Purchasing Network Contract
Number 032119, for the purchase of one (1) Caterpillar model D9 Dozer for the Solid Waste
Department; providing for the expenditure of funds therefor; and providing an effective date
(File 7585 - awarded to Caterpillar, Inc. dba Holt CAT, in the not-to-exceed amount of
$ 1 ,285,661.68).
ASSIGNED ORDINANCE NO. 21-025
0.ID 21-026 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 SHI Government Solutions, Inc., through the Department of Information Resources
(DIR) Cooperative Purchasing Network Contract No. DIR-TSO-3984 for the procurement
of the NEOGOV Full Suite for the Human Resources Department; providing for the
expenditure of funds therefor; and providing an effective date (File 7596 - awarded to SHI
Government Solutions, Inc., for one (1) year, with the option for four (4) additional one (1 )
year extensions, in the total five (5) year not-to-exceed amount of $883,908.50).
ASSIGNED ORDINANCE NO. 21-026
P.ID 20-2579 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
Professional Services Agreement with John Hoggard dba Utility Planning Network (UPN),
for 3 11/CRM Consulting Services for Customer Service and Public Affairs as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date
(RFQ 7485 - Professional Services Agreement for consultant services awarded to John
Hoggard dba Utility Planning Network (UPN), for one (1) year, with the option for one (1 )
additional one (1) year extension, in the total two (2) year not-to-exceed amount of
$200,000.00).
ASSIGNED ORDINANCE NO. 20-2579
ITEM PULLED FOR INDIVIDUAL CONSIDERATION
B ID 20-2564 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation ("City"), authorizing the City Manager, or his designee, to execute a
memorandum of understanding regarding electrical distribution switching procedures with
University of North Texas, a Texas higher education institution (’'UNT"), to ensure electric
system reliability and safety for parties by establishing electric distribution system switching
procedures; and, providing an effective date.
ASSIGNED ORDINANCE NO. 20-2564
Pulled for Individual Consideration by Council Members Armintor and Mettzer.
Council Members Armintor and Meltzer had a conflict of interest on the item and were
removed from the video conference for this item, thereby not participating on its deliberation.
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January 12, 2021
Page 7
The item was not presented and no discussion followed.
Council Member Ryan moved to adopt the item as presented. Motion seconded by Mayor
Pro Tem Davis. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker
and Ryan
NAYS (0): None
ABSTAIN (2): Council Members Armintor and Meltzer
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 20-2276 Consider adoption of an ordinance establishing the City of Denton Utility system
extendable commercial paper financing program and authorizing Utility system revenue
extendable commercial paper notes, series B; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-2276
There were no online registrations or call-ins on the item.
Items 2. A (20-2276) and 2.B (21-070) were collectively read into the record, presented, and
discussed, but voted on individually.
Following discussion, Council Member Meltzer moved to adopt the item as presented.
Motion seconded by Mayor Pro Tem Davis. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, Armintor, and Meltzer
NAYS (0): None
B ID 21-070 Consider adoption of an ordinance considering all matters incident and related to
the issuance, sale and delivery of up to $100,000,000 in principal amount of "City of Denton
Utility System Revenue Refunding Bonds, Series 2021"; authorizing the issuance of the
bonds; delegating the authority to certain city officials to execute certain documents relating
to the sale of the 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. 21-070
There were no online registrations or call-ins on the item.
Items 2. A (20-2276) and 2.B (21-070) were collectively read into the record, presented, and
discussed, but voted on individually.
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January 12, 2021
Page 8
Following discussion, Council Member Meltzer moved to adopt the item as presented.
Motion seconded by Mayor Pro Tem Davis. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, Armintor, and Meltzer
NAYS (0): None
C.ID 20-2424 Consider adoption of an ordinance of the City of Denton to declare the intent to
reimburse capital program expenditures of the Electric Utility ($42,538,108), Solid Waste
($3,000,000), Water ($23,647,184), Wastewater ($26,144,574), and General Government
($72,608,678) with Tax- Preferred Obligations (Certificates of Obligation and General
Obligation Bonds) with an aggregate maximum principal amount not to exceed
$ 167,938,544; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-2424
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Mayor Pro Tem Davis moved to adopt the item as presented. Motion
seconded by Council Member Baker. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, Armintor, and Meltzer
NAYS (0): None
D ID 21-049 Consider approval of a resolution by the City of Denton authorizing the City
Manager or his designee to apply for funding under the Denton County Transportation
Reinvestment Program (TRiP), providing financial assistance to member cities for transit-
supportive projects, from the Denton County Transportation Authority (DCTA) in the
amount of $2,5 17,997 for the funding period of October 1, 2020 through September 30, 2021 ;
and providing an effective date.
ASSIGNED RESOLUTION NO. 21-049
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 Mayor Pro Tem Davis. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, Armintor, and Meltzer
NAYS (0): None
City of Denton City Council Minutes
January 12, 2021
Page 9
E. ID 20-2549 Consider appointing a nominating committee to recommend appointees to serve
on the Economic Development Partnership Board.
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Mayor Hudspeth opened the nominations to select a committee to
recommend appointees.
Mayor Pro Tem Davis nominated Mayor Hudspeth to serve on the nominating committee.
Council Member Ryan nominated Mayor Pro Tem Davis to serve on the nominating
comrnrttee.
Following discussion, Council Member Ryan moved to appoint Mayor Hudspeth and Mayor
Pro Tem Davis to serve on the nominating committee to recommend appointees to serve on
the Economic Development Partnership Board. Motion seconded by Council Member Baker.
Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, Armintor, and Meltzer
NAYS (0): None
The meeting was recessed at 4:19 p.m. and was reconvened at 6:30 p.m. to continue with the
Public Hearings as posted.
3. PUBLIC HEARINGS
A 220-0011d 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 Planned
Development (PD) District to Residential 1 (RI) District on approximately 4.23 acres of land
generally located on the east side of State School Road, approximately 150 feet southeast of
Winston Drive, 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 thereoe providing a severability clause and an effective date. The Planning and
Zoning Commission voted [7-0] to approve the request. (220-0011, State School Road
Estates, Karina Maldonado)
ASSIGNED ORDINANCE NO. 220-OOlld
There were no online registrations/call-ins on the item.
The item was presented and discussion followed.
City of Denton City Council Minutes
January 12, 2021
Page 10
The public hearing was opened and with no callers on queue, the public hearing was closed.
Following discussion, Mayor Pro Tem Davis moved to adopt the item as presented. Motion
seconded by Council Member Ryan. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, Armintor, and Meltzer
NAYS (0): None
B DCA20-0005a Hold a public hearing and consider adoption of an ordinance of the City of
Denton amending the Denton Development Code Subchapter 3, "Zoning Districts," related
to the minimum side yard setback for the Residential 3 (R3) Zoning District; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability
clause and an effective date. The Planning and Zoning Commission voted (6-1) to
recommend approval. (DCA20-0005a, Side Yard Setbacks, Julie Wyatt)
ASSIGNED ORDINANCE NO. DCA20-0005a
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/registration(s) is
noted in Exhibit A.
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, Mayor Hudspeth moved to adopt the item as presented. Motion
seconded by Council Member Ryan.
Following further discussion, Council Member Meltzer offered a friendly amendment to set
the minimum side yard setback to six (6) feet. The friendly amendment was not accepted by
Mayor Hudspeth.
Mayor Hudspeth called the vote on his original motion, seconded by Council Member Ryan,
to adopt the item as presented, . Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, and Meltzer
NAYS (1): Council Member Armintor
City of Denton City Council Minutes
January 12, 2021
Page 11
4. CONCLUDING ITEMS
None
With no further b1slness LII\d 111\PUt rdjourned 7:42
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CITY SECRETARY
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GERARD HUDSPETH
MAYOR
CITY OF DENTON, TEXAS
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