January 26, 2021CITY OF DENTON CITY COUNCIL MINUTES
January 26, 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 26, 2021, at 2:02 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.
• Clarification was requested on the following items:
o None
• The following items were pulled for Individual Consideration:
o Council Member Meltzer: Items 1.E (21-092) and 1.G (21-141 )
o Council Member Armintor: Items 1.B (21-009) and 1.G (21-141)
3. Work Session Reports
A. ID 20-2117 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.
City of Denton City Council Minutes
January 26, 2021
Page 2
Following discussion, there was no direction provided as the presentation was only for
reportIng purposes.
B. ID 20-1668 Receive a report, hold a discussion, and give staff direction on the City’s
Extratenitorial Jurisdiction (ETJ) and possible updates to the Interlocal Agreement with
Denton County.
Mayor Pro Tem Davis had a conflict of interest regarding the discussion pertaining to a
proposed ILA with Denton County, and was removed from the video conference, thereby
not participating in any deliberation where Denton County was mentioned or addressed.
The item was presented and discussion followed.
Following discussion, City Council consensus was for Staff to proceed as presented and
schedule a work session/closed meeting on regulating plats within Division 1 and ensure it
includes all areas with the CCN.
The work session was recessed for a short break at 4:30 p.m. and reconvened at 4:40 p.m.
C. ID 20-2399 Receive a report, hold a discussion, and give staff direction regarding the May
1, 2021 General Election, and any runoff election if applicable, including locations, dates,
and times.
The item was presented and discussion followed.
With discussions turning to the use of masks by poll workers contracted by Denton County,
Mayor Hudspeth ruled the topic was outside of posting and not subject to discussion. Council
Member Armintor called a point of order to allow discussion on the matter. Following
inquiry, City Attorney Leal advised a procedural motion to appeal would be the proper
recourse
Council Member Annintor moved to appeal Mayor Hudspeth’s decision and allow
discussion of face masks at polling locations. Procedural motion seconded by Council
Member Meltzer. Motion failed.
AYES (2): Council Members Annintor and Meltzer
NAYS (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
and Ryan
Following further discussion, City Council consensus was as follows and to present findings
at a future work session:
City of Denton City Council Minutes
January 26, 202 1
Page 3
•Obtain a polling location near the University of North Texas since they had no facility
available which will provide use of the facility for both early voting/election day, to be
selected based on the following order:
o Voertner’s (Book Store)
o Denton Wesley Foundation
o Osher lifelong leaning Institute @UNT
Identify an additional early voting location in District 2.
Requirements/Steps to request more than the two (2) 12-hour days currently mandated
by State law.
For the next election cycle [2022], research/provide the opportunity for voters to go to
any desired “election day” location, the same as is done during the early voting period;
with this process being separate from the “vote centers” process.
•
•
•
D. ID 21-122 Receive a report, hold a discussion, and give staff direction regarding a proposed
plan for the annual City Council retreat.
The item was presented and discussion followed.
Following discussion, City Council consensus was to have staff add process questions and
include a review of the Texas Open Meetings Act as to the “1” Minute Pitch to the proposed
agenda for the retreat.
The work session ended at 5:46 p.m.
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 5:47 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A ID 21-006 Deliberations regarding Real Property - Under Texas Government Code, Section
551.072; and Consultation with Attorneys Under Texas Government Code, Section 551.071.
Receive information from staff, discuss, deliberate, and provide staff with direction
pertaining to the potential disposal, exchange, sale, or acquisition of certain real property
interests located in the David Hough Survey, Abstract Number 646, generally located in the
2100 block of South IVlayhill Road, in the City of Denton, Denton County,
Texas. Consultation with the City’s attorneys regarding legal issues associated with the
potential disposal, exchange, sale, or acquisition involving the real property described above
where a 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 would jeopardize the City’s legal
position in any negotiation, administrative proceeding, or potential litigation.
DELIBERATED
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January 26, 202 1
Page 4
B. ID 21-108 Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074. Deliberate and discuss the evaluation, duties, discipline, dismissal,
compensation, and/or contract of the Municipal Judge.
DELIBERATED
The closed meeting started at 5:47 p.m. and ended at 6:40 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, January 26, 2021, at 6:47 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-G. During the Work Session held earlier in the day,
Items 1.B (21-008) and I .G (21-141) were pulled for Individual Consideration by Council Member
Armintor and Items 1.E (21-092) and 1.G (21-141) were pulled for Individual Consideration by
Council Member Meltzer.
Council Member Ryan moved to adopt the Consent Agenda, now consisting of Items 1. A, 1.C,
1.D, and 1.F. Motion seconded by Council Member Meltzer. 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 26, 2021
Page 5
A. ID 21-101 Consider approval of the minutes of January 4, January 5, and January 12, 2021.
APPROVED
C.ID 21-011 Consider adoption of an ordinance approving an encroachment on easement
agreement between the City of Denton and the Oncor Electric Delivery Company, LLC,
relating to the construction, operation, and maintenance of public facilities ("Taylor Park
Boulevard" crossing including a ten (10) foot wide sidewalk crossing, four (4) by two (2)
foot RCB crossing, twenty-one (21) inch RCP crossing, eighteen (18) inch RCP crossing,
eight (8) inch waterline crossing, eight (8) inch sanitary sewer crossing, and a Denton
Municipal Electric line bore crossing) within Oncor’s Easement; authorizing the City
Manager to execute the agreement; authorizing the expenditure of funds; and providing an
effective date. "Cambridge Brook Oncor Encroachment Agreement - Mark Laird"
ASSIGNED ORDINANCE NO. 21-011
D.ID 21-091 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 an
Interlocal Cooperative Purchasing Agreement with the City of Midlothian, under the Texas
Government Code, Section 791.001, to authorize City of Denton contracts for the purchase
of various goods and services; authorizing the expenditure of funds therefor; and declaring
an effective date (File 7590 - award an Interlocal Cooperative Purchasing Agreement with
the City of Midlothian).
ASSIGNED ORDINANCE NO. 21-091
F. ID 21-119 Consider approval of a resolution of the City Council of the City of Denton
revising the City’s Cash Disbursements policy; and providing an effective date.
ASSIGNED RESOLUTION NO. 21-119
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
B ID 21-009 Consider adoption of an ordinance of the City of Denton releasing, abandoning,
and vacating a 715.20 square foot Electric Utility Easement granted to the City of Denton by
James H. Jones, H.M. Burgess, Billy R. Jones, and J. Dan Harvey, recorded as Instrument
No. 1978-2348 in the Deed Records of Denton County, Texas; providing for severability and
an effective date. (Park 7 Addition, electric easement abandonment - Mark Laird)
ASSIGNED ORDINANCE NO. 21-009
Pulled for Individual Consideration by Council Member Arwnntor.
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
City of Denton City Council Minutes
January 26, 202 1
Page 6
Following discussion, Mayor Pro Tem Davis moved to adopt the item as presented. Motion
seconded by Council Member Ryan. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, and Meltzer
NAYS (1): Council Member Armintor
E.ID 21-092 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager, or his designee, to accept the TSLAC CARES Grant Program-Cycle 2 (Grant
CAR2-21007) for State Fiscal Year 2021 (Federal Award Identification #LS-246561-OLS-
20) from the Texas State Library and Archives Commission through the Institute of Museum
and Library Services, in the amount of $20,929.00, for the period of April 1, 2020, through
August 31, 2021; authorizing the City Manager to carry out all duties of the City pursuant to
the grant; providing a savings clause; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-092
Pulled for Individual Consideration by Council Member Meltzer.
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 (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, Armintor, and Meltzer
NAYS (0): None
G ID 21-141 Consider adoption of an ordinance approving a Settlement Agreement and Release
implementing the terms of the settlement in litigation styled ’'Stonetown Country View, LLC
v. City of Denton, Texas and Board of Adjustment for City of Denton, Texas," Cause No.
19-10653-442, pending in the 442nd Judicial District Court, Denton County, Texas, as
discussed in closed session; and directing the City Manager, or his designee, and the City’s
attorneys to effectuate as necessary and appropriate the terms of a Settlement Agreement and
Release to effectuate this approval; and declaring an effective date.
ASSIGNED ORDINANCE NO. 21-141
Pulled for Individual Consideration by Council Member Armintor and Meltzer.
There were no online registrations or call-ins on the item.
The item was presented and no discussion followed.
City of Denton City Council Minutes
January 26, 202 1
Page 7
Mayor Pro Tem Davis moved to adopt the item as presented. Motion seconded by Council
Member Baker. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker
and Ryan
NAYS (2): Council Members Armintor and Meltzer
2.ITEMS FOR INDIVIDUAL CONSIDERATION
A.ID 20-2507 Consider adoption of an ordinance adopted concurrently with the cities of
Garland, Greenville, Bryan and Denton, approving the execution by the Texas Municipal
Power Agency (" Agency") of an asset purchase agreement for the sale of the Agency’s
Gibbons Creek Steam Electric Station and related assets in Grimes County, Texas; approving
an associated generation budget amendment; and providing an effective date.
ASSIGNED ORDINANCE NO. 20-2507
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 Mayor Hudspeth.
Discussion continued.
Council Member Meltzer offered a friendly amendment to provide the environmental report
once per year to the new buyer.
Mayor Hudspeth did not accept the friendly amendment and called the vote on the item.
Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker
and Ryan
NAYS (2): Council Members Armintor and Meltzer
B. ID 20-1898 Consider nominations and appointments to the Downtown Denton Tax
Increment Financing Reinvestment Zone No. One Board (Downtown TIRZ), including
appointment of a Board Chair.
APPROVED
There were no online registrations or call-ins on the item
The item was presented and discussion followed.
City of Denton City Council Minutes
January 26, 202 1
Page 8
Following discussion, Mayor Pro Tem Davis moved to appoint the nominees as shown in
Exhibit A. 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
Following discussion, Council Member Armintor moved to appoint the nominees as shown
in Exhibit A. Motion seconded by Council Member Meltzer. Motion carried.
AYES (6): Mayor Hudspeth, Council Members Johnson, Baker, Ryan, Armintor, and
Meltzer
NAYS (1): Mayor Pro Tem Davis
C. ID 20-2550 Consider nominations/appointments to the City’s Economic Development
Partnership Board.
APPROVED
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 appoint the nominees as shown in
Exhibit A. Motion seconded by Council Member Ryan. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker
and Ryan
NAYS (2): Council Members Annintor and Meltzer
D ID 21-029 Consider nominations/appointments to the City’s Boards, Commissions, and
Committees: Airport Advisory Board, Animal Shelter Advisory Committee, Board of
Ethics, Committee on Persons with Disabilities, Community Development Advisory
Committee, Health & Building Standards Commission, Human Services Advisory
Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning
Commission, Public Art Committee, Public Utilities Board, Traffic Safety Commission, and
Zoning Board of Adjustment.
APPROVED
There were no online registrations or call-ins on the item.
There was no presentation on the item, and discussion followed.
City of Denton City Council Minutes
January 26, 202 1
Page 9
Following discussion, Council Member Armintor moved to appoint the nominees as shown
in Exhibit A. 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
3. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 7:39 p.m.
/
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MAYOR
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CITY OF DENTON, TEXAS
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DEPUtY cITY SECRETARY
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MINUTES APPROVED ON:WtAX.aJ1 , }CA/
EXHIBIT A
BOARDS & COMMISSIONS - NOMINATIONS LIST
January 26, 2021
Agenda item 2.C (ID 20-255
SEAT
Economic Development Partnership Board
Top 20
mic Development Partnership Board I Representative
STATUS &
QUALIFICATION OR
IF ANY
lenda item 2.D (ID 21 429
COUNCIL
PLACE
NOMINATINGCCM PRESENT TERM
Ed Ahrens 2018-2020
Charlie Hunter
Randi Weinberg 1 2018-2020 - UN
Dan Cartwright
Joe Rtvas
Deny Hill Jr 2018.2020 - UN
MEMBER
FIRST NAME NEW TERM
R eappointment
Reappohtment
STifm
QUAUFEATION OR
PREFERENCE. IF ANY
September 1. 2020
through
Auaust 31Septemtm
throughAugust 31. 2022
September 1. 2020
throughlust 31. 2022
September 1, 2020
throughAugust 31. 2a22
Me tHeme Mf]
through
August 31. 2022
l§jeptembeZr IRiBaP]
through
August 31. 2022
Animal Shelter Advisory Committee
I Animal Shelter Advisory Committee R eappointment
QuaII. 3 - City Official
Reappointment
QuaII. 1 - Attorney
2018-2020 - UN
Communty Development Advisory Committee
Health & Budding Standards Commis sbn
July 1. 2020
throughJune 30, 2a22
Reappointment
QuaII. 4 - Associated
w/construction,
devebpment or real
estal
Human Services Advisory CommIttee
Sepe i
through
31. 2022
Sepme aer 1. 2020
through
August 31, 2022
=jtenT Den-2-F
through
Auaust 31. 2022
UNEXP tREO
September 1. 2020
through
August 31. 2022
T;pteT=er 1. 2020
throughAugust 31. 2022
Sept
through
August 31, 2022
SepMR2020
through
August 31. 2022
Gretchen Busl
„„„.„.. „.„„.Baker-2
Jean Greenlaw 1 2018-2020 - UN
Vicki Byrd N/A
Parks. Recreation & Beauttfication Alana Presley Taylor Reappointment
Parks. Recreation & Beautlfication George Feme 2018.2020
Jason ColePlanning & Zoning Cammissbn
Public Art CommIttee
UNEXPIRED
September 1, 2020
through
August 31. 2022
UNEXPIRED
September 1. 2020
through
August 31, 2024
Septe5E >
throughAugust 31. 2022SepMMW
through
August 31. 2022
September 1. 2020
through
August 31. 2022
ETpptember 1. 2da
throughAugust 31. 2022
Traffic Safety Commission Daniel Krutka 2018.2020
Melbsa Carr
Amber Briggle
2018-2020 . UN
2018.2020
Zoning Board of Adjustment
Zoning Board of Adjustment Kathryn (Kate )
Lynass