February 02, 2021CITY OF DENTON CITY COUNCIL MINUTES
February 2, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, February 2, 2021, at 2:01 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, closed meeting, 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:
None
• The following items were pulled for Individual Consideration:
o Council Member Meltzer: Items 3.E (21-117) and 3.G (2 1-071 )
3. Work Session Reports
A. ID 20-1844 Receive a report, hold a discussion, and give staff direction regarding an
affordable housing assessment report for the City of Denton provided by Reinvestment Fund,
Inc
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February 2, 2021
Page 2
The item was presented and discussion followed. Rebecca Rothenberg, Principal at Atria
Planning, and Emily Dowdall, Policy Director at Reinvestment Fund Policy Solutions, also
presented on the item.
Following discussion, City Council consensus was to continue with the conduct of a housing
assessment report as presented.
B. ID 21-093 Receive a report, hold a discussion, and give staff direction regarding a request
for a resolution of support from a developer applying for 9% housing tax credit with the
Texas Department of Housing and Community Affairs.
The item was presented and discussion followed.
Following discussion, City Council consensus was to proceed with placing an item for formal
consideration at the February 9th meeting in support the project.
The work session ended at 3:58 p.m.
CLOSED MEETING
1.The City Council convened into a Closed Meeting at 3:58 p.m., consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A.ID 21-121 Deliberations regarding Real Property Under Texas Government Code Section
551.072. Receive information from staff, discuss, deliberate, and provide staff with direction
pertaining to the potential acquisition of certain real property interests located in the B.B.B
& C.R.R. Co. Survey, Abstract 196, the W. Roark Survey, Abstract 1087, the J. Severe
Survey, Abstract 1164 and the J. Withers Survey, Abstract 1343, all in Denton County,
Texas, for utility infrastructure and parks-related use and associated infrastructure.
DELIBERATED
B ID 21-027 Deliberations regarding Real Property Under Texas Government Code Section
551.072; 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 acquisition of certain real property interests located on Hickory
Creek Road, in and around the J. Rogers Survey, Abstract Number 1084; the J. Withers
Survey, Abstract Number 1343; the M. Rogers Survey, Abstract Number 1080; and the N.
Britton Survey, Abstract Number 05 1, all in Denton County, Texas where a public
deliberation of such potential acquisitions would have a detrimental effect on the City’s
position in negotiations with third persons. Consultation with the City’s attorneys regarding
legal issues associated with the potential acquisition involving the real property described
City of Denton City Council Minutes
February 2, 202 1
Page 3
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, potential administrative proceeding, or potential
litigation.
DELIBERATED
C.ID 21-155 Consultation with Attorneys - Under Texas Government Code Section 551.071
Consultation with the City’s attorneys regarding legal issues including, but not limited to,
allegations of Fair Housing Act, Fair Housing Amendments Act, and Americans with
Disabilities Act violations, and related statutory and common law claims and potential
resolution thereof, 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 administrative proceeding or potential litigation.
DELIBERATED
The closed meeting started at 4:13 p.m. and ended at 6:25 p.m. No votes or actions were taken
during the closed meeting.
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, February 2, 2021, at 6:39 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. PLEDGE OF ALLEGIANCE
A. U.S. Flag and B. Texas Flag
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February 2, 2021
Page 4
2. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
B. Reports from members of the public
1 ) Receive Scheduled Citizen Reports from Members of the Public
a. Ashely Chapman, 4765 S. Bonnie Brae, Argyle, regarding a Non-Annexation
agreement and City of Denton permitting process.
PRESENTED
2) Additional Citizen Reports (Open Microphone)
None
3. CONSENT AGENDA
The Consent Agenda consisted of Items 3. A-G. During the Work Session held earlier in the day,
Items 3.E (21-1 17) and 3.G (21-071) were pulled for Individual Consideration by Council Member
Meltzer
Council Member Ryan moved to adopt the Consent Agenda, now consisting of Items 3. A-D and
3 .F. Motion seconded by Mayor Pro Tem Davis. Motion carried.
AYES (7): Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Johnson,
Baker, Ryan, Armintor, and Meltzer
NAYS (0): None
A. ID 21-200 Consider approval of a resolution of the City Council of the City of Denton
appointing an Interim City Manager; setting forth the terms of the appointment; setting forth
the Interim City Manager’s salary; and providing an effective date.
ASSIGNED RESOLUTION NO. 21-200
B.ID 21-095 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
corporation, providing for and authorizing the expenditure of funds by the City Manager and
the Purchasing Agent for the purchase of EMS Professional Liability insurance coverage for
the City of Denton, through the City’s sole broker of record, Lockton Companies, LLC; and
providing an effective date (File 7622 - awarded to Admiral Insurance Company for a three
(3) year not-to-exceed amount of $72,926.43).
ASSIGNED ORDINANCE NO. 21-095
C. ID 21-113 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 Vermeer Equipment of Texas, LLC dba Vermeer Texas-Louisiana, Inc., through the
Buy Board Cooperative Purchasing Network Contract # 597-19, for the purchase of two (2)
City of Denton City Council Minutes
February 2, 2021
Page 5
Vac Tron Model LP873STD trailer-mounted hydro-excavators for the Water Distribution
and Electric Operations Departments; providing for the expenditure of funds therefor; and
providing an effective date (File 7609 - awarded to Vermeer Equipment of Texas, LLC dba
Vermeer Texas-Louisiana, Inc., in the not-to-exceed amount of $177,800.00).
ASSIGNED ORDINANCE NO. 21-113
D.ID 21-115 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, rejecting any and all competitive bids under IFB 7549 for Lab
Supplies for the Water Production Department and Municipal Lab; and providing an
effective date (IFB 7549).
ASSIGNED ORDINANCE NO. 21-115
F.ID 21-118 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 Industrial Power, LLC dba Industrial Power Truck and Equipment, through The
Interlocal Purchasing System (TIPS) Contract # 200405 for First Responder emergency
vehicle body repair services for the Fire Department; providing for the expenditure of funds
therefor; and providing an effective date (File 7607 - awarded to Industrial Power, LLC dba
Industrial Power Truck and Equipment, in the three (3) year not-to-exceed amount of
$ 180,000.00).
ASSIGNED ORDINANCE NO. 21-118
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
E ID 21-117 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, approving proposals from A2ZGC Inc. dba A-Star General
Contracting Co., and authorizing the expenditure of funds for the reconstruction of a
residential property located at 1802 Westwood Drive, under the City of Denton Home
Improvement Program; providing for the expenditure of flmds therefor; and providing an
effective date (RFP 7565 -A2Z(3C Inc. dba A-Star General Contracting Co., in the not-to-
exceed amount of $ 176,000.00).
ASSIGNED ORDINANCE NO. 21-117
Pulled for Individual Consideration by Council Member Mettzer.
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 Meltzer. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, Armintor, and Meltzer
NAYS (0): None
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February 2, 202 1
Page 6
G.ID 21-071 Consider adoption of an ordinance of the City of Denton, a Texas Home-Rule
Municipal Corporation, renaming Highland Park Road to Pawin Street, between its
intersections with Bonnie Brae Street to the future extension of Pawin Street; providing for
severability and an effective date.
ASSIGNED ORDINANCE NO. 21-071
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
4.ITEMS FOR INDIVIDUAL CONSIDERATION
A ID 21-090 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 Reliable Paving, Inc., for the construction of the Denton Street Rehabilitation Project
for the City of Denton; providing for the expenditure of funds therefor; and providing an
effective date (IFB 7495 - awarded to Reliable Paving, Inc., in the not-to-exceed amount of
$ 10,933,808.55).
ASSIGNED ORDINANCE NO. 21-090
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 Baker. 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
February 2, 202 1
Page 7
B. ID 21-177 Consider nominations/appointments to the City’s Boards, Commissions, and
Committees: Airport Advisory Board, Community Development Advisory Committee,
Parks, Recreation & Beautification Board, and Public Art Committee.
APPROVED
There were no online registrations or call-ins on the item.
The item was not presented and no discussion followed.
Mayor Pro Tem Davis moved to appoint the nominees as noted in Exhibit B. 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
5. PUBLIC HEARINGS
A PD20-0008a Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas regarding a rezoning from Residential 4 (R4) District to Planned
Development (PD) District on an approximately 8.23-acre property generally located on the
west side of Duncan Street and the east side of Hill Street, approximately 240 feet north of
Smith 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 thereoe providing a severability clause and an effective date. The Planning and
Zoning Commission voted [7-0] to approve the request. (PD20-0008a, Habitat for Humanity,
Hayley Zagurski).
ASSIGNED ORDINANCE NO. PD20-0008a
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 are 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.
The meeting was recessed for a short break at 8:00 p.m. and reconvened at 8:09 p.m.
With no other callers on queue, the public hearing was closed.
Council Member Johnson reported she was recusing on further discussion of the item due to
an identified conflict of interest and was removed from the video conference for this item,
thereby not participating on its continued deliberation.
City of Denton City Council Minutes
February 2, 202 1
Page 8
Following discussion, Council Member Annintor moved to adopt the item as presented on
lot sizes and parking, but not limiting the uses that would restrict community gardens and
other uses.
Discussion continued.
Council Member Armintor’s motion died due to lack of a second.
Mayor Pro Tem Davis moved to adopt the item as presented. Motion seconded by Council
Member Meltzer. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Baker, Ryan,
Armintor, and Meltzer
NAYS (0): None
ABSTAIN (1): Council Member Johnson
6. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 8:27 p.m.
f 32: J
CITY SECRETARY
CITY OF DENTON. TEXAS
GERARD HUDSPETH
MAYOR
CITY OF DENTON, TEXAS
MINUTES APPROVED ON:
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EXHIBIT B
BOARDS & COMMISSIONS - NOMINATIONS LIST
February 2, 2021
Agenda item 2.B (ID 21-177
BOARD/COMMITIEE/COMMISSION COUNCIL 1 NOMINATING
PLACE I CCM MEMBER NAME PRESENT TERM NEW TERM
STATUS &
1 QUALIFICATION OR 1
Airport Advisory Board 5 1 Arm intor-5 Dominique Beachum N/A
UNEXPIRED
September 1 , 2020
through
August 31. 2022
Septer===m
through
lust 31, 2022
UNEXm
September 1 , 2020
through
August 31. 2022
SepterRiam
through
August 31 . 2022
September 1 . 2020
through
August 31 , 2022
New
Community Development Advisory Committee ALL - 1 All
[Baker-2]
Baker-2
Jodi Vicars-Nance 201 &2020 Reappointment
Parks. Recreation & Beautification 2 Jerry Dooley N/A New
Public Art Committee 2
GDAC
Baker-2
GDAC
Alicia Eggert 201 8-2020-UN Reappointment
Public Art Committee Michelle Lynn 201 8-2020 Reappointment