February 23, 2021CITY OF DENTON CITY COUNCIL MINUTES
February 23, 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 23, 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 Interim City Manager Sara Hensley 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
Citizen comments received are noted in Exhibit 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.
2.Requests for clarification of agenda items listed on this agenda.
• Clarification was requested on the following items:
o Council Member Armintor: Item 2.E (21-203)
• The following item(s) were pulled for Individual Consideration:
o Council Member Meltzer: Item 2.B (21-127)
o Council Member Armintor: Item 2.E (21-203)
City of Denton City Council Minutes
February 23, 2021
Page 2
3. Work Session Reports
A. ID 21-231 Receive a report, hold a discussion, and give staff direction regarding a Fire
Department update.
The item was not presented at staffs request and no discussion followed.
B. ID 21-227 Receive a report, hold a discussion, and give staff direction regarding an audit
follow-up of COVID-19 Response: Disaster Reimbursements.
The item was presented and no discussion followed.
Following discussion, there was no direction provided as the item was for
presentational/discussion purposes only.
C. ID 21-056 Receive a report, hold a discussion, and give staff direction regarding an overview
of a draft Management Services and Operating Agreement with The Junction for the 909 N.
Loop 288 facility and a project update.
The item was presented and discussion followed.
Following discussion, City Council consensus was to continue as presented, include options
for sidewalk barriers along Loop 288 directing traffic and crossings, move forward diligently
with a reasonable timeline; contract with county, be a good neighbor with no camping in the
area, best practices around the step down/financial process/opportunities to diversify, and
financing options with a more defined timeline to be presented at a later date, and return with
options and include information on the viability of an auxiliary building (library, computer
use, book access, and work out area).
The work session ended at 4:12 p.m.
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 4:12 p.m. consistent with Chapter 551 of
the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A. ID 21-120 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 City Auditor.
DELIBERATED
The closed meeting started at 4:36 p.m. and ended at 5:20 p.m. No votes or actions were taken
during the closed meeting.
City of Denton City Council Minutes
February 23, 2021
Page 3
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, February 23, 2021, at 5:55 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 Interim City Manager Sara Hensley 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. PROCLAMATIONS/PRESENTATIONS
A. ID 21-277 Special recognition for Todd Hileman
NOT PRESENTED; RESCHEDULED TO MARCH 2
2. CONSENT AGENDA
The Consent Agenda consisted of Items 2. A-L. During the Work Session held earlier in the day,
Item 2.B (21-127) was pulled for Individual Consideration by Council Member Meltzer and Item
2.E (21-203) was pulled for Individual Consideration by Council Member Armintor.
Council Member Ryan moved to adopt the Consent Agenda, now consisting of Items 2. A, 2.C,
2.D, and 2.F-L. 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
A. ID 21-248 Consider approval of the minutes of February 2, February 4, February 9, February
12, and February 19, 2021.
APPROVED
City of Denton City Council Minutes
February 23, 2021
Page 4
C.ID 21-078 Consider approval of a resolution of the City Council of the City of Denton,
approving the 2019/2020 Tax Increment Reinvestment Zone Number Two (Westpark TIRZ)
annual report; and declaring an effective date. The TIRZ Number Two Board recommends
approval (9-0).
ASSIGNED RESOLUTION NO. 21-078
D. ID 21-157 Consider approval of a resolution of the City Council ofthe City of Denton, Texas,
approving the 2019-2020 Tax Increment Reinvestment Zone Number One (TIRZ #1) Annual
Report; and declaring an effective date. The TIRZ #1 Board recommends approval (6-0).
ASSIGNED RESOLUTION NO. 21-157
F.ID 21-226 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, rejecting any and all competitive bids under IFB 7359 for Lawn and
Groundskeeping Equipment, Supplies, and Services for various City Departments; and
providing an effective date (IFB 7359).
ASSIGNED ORDINANCE NO. 21-226
G.ID 21-252 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or her designee, to execute a contract
with Bryan & Sons Locksmith, Inc., to provide locksmith services for various City of Denton
departments; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7356 - awarded to Bryan & Sons Locksmith, 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
$ 150,000.00).
ASSIGNED ORDINANCE NO. 21-252
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.
H ID 21-255 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or her designee, to execute a contract
with Jagoe-Public Company, for the construction of the Lake Forest Park Pond and Dam
Rehab project for the Parks and Recreation Department; providing for the expenditure of
funds therefor; and providing an effective date (IFB 7518 - awarded to Jagoe-Public
Company, in the not-to-exceed amount of $3,021,706.94).
ASSIGNED ORDINANCE NO. 21-255
Citizen comments received are noted in Exhibit A
City of Denton City Council Minutes
February 23, 2021
Page 5
1.ID 21-256 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or her designee, to execute a contract
with Enviromatic Systems of Fort Worth, Inc., through the Buy Board Cooperative
Purchasing Network Contract # 63 1-20, for the acquisition, repair, and maintenance of
building management system controls on heating, ventilation, and air conditioning systems
for City buildings; providing for the expenditure of funds therefor; and providing an effective
date (File 7535 - awarded to Enviromatic Systems of Fort Worth, Inc., in the not-to-exceed
amount of $2,000,000.00).
ASSIGNED ORDINANCE NO. 21-256
J.ID 21-258 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or her designee, to execute a contract
with Techline, Inc., for the purchase of Roll Duct, PVC conduit, fittings, and accessories to
be stocked in the City of Denton Warehouse for Denton Municipal Electric; providing for
the expenditure of funds therefor; and providing an effective date (IFB 7573 - awarded to
Techline, Inc., in the one (1) year not-to-exceed amount of $1,400,000.00).
ASSIGNED ORDINANCE NO. 21-258
K.ID 21-3 19 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager, or her designee, to execute a
Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional
engineering services for the Ryan Road Corridor Improvements Project for the Capital
Projects-Engineering Department as set forth in the contract; providing for the expenditure
of funds therefor; and providing an effective date (RFQ 6590-097 - Professional Services
Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the
not-to-exceed amount of $461,100.00).
ASSIGNED ORDINANCE NO. 21-319
L.ID 21-265 Consider adoption of an ordinance approving a pipeline crossing contract by and
between the City of Denton and the Kansas City Southern Railway Company relating to the
location of a City water pipeline within the railroad right-of-way, located at Mile Post
D101.09 Alliance Subdivision, in Denton, Denton County, Texas; authorizing the City
Manager to execute the Agreement; authorizing the expenditure of funds; and providing an
effective date.
ASSIGNED ORDINANCE NO. 21-265
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
B ID 21-127 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 an
interconnection agreement with Oncor Electric Delivery Company, LLC, a Delaware
Limited Liability Company (’'ONCOR"), stating the terms and conditions under which the
parties’ electric systems are interconnected; and, providing an effective date.
ASSIGNED ORDINANCE NO. 21-127
Pulledfor Individual Consideration by Council Member Meltzer.
City of Denton City Council Minutes
February 23, 202 1
Page 6
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 Mayor Pro Tem Davis.
Council Member Meltzer moved to postpone the item to May 25 to allow time to finalize the
ERCOT agreement. Motion seconded by Council Member Armintor. Motion failed.
AYES (2): Council Members Armintor and Meltzer.
NAYS (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
and Ryan
Mayor Hudspeth republished Council Member Ryan's original motion adopt the item as
presented, seconded by Mayor Pro Tem Davis. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
and Ryan
NAYS (2): Council Members Armintor and Meltzer
E ID 21-203 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 WM. M. Coleman & Associates, Inc. dba Coleman &
Assoc. Land Surveying, for Landfill Surveying Services for Landfill Cell 4 B-C-D and
associated site improvements of the City of Denton Landfill as set forth in the contract;
providing for the expenditure of funds therefor; and providing an effective date (RFQ 7109-
018 - Professional Services Agreement for landfill surveying services awarded to WM. M.
Coleman & Associates, Inc. dba Coleman & Assoc. Land Surveying, in the not-to-exceed
amount of $116,185.00). The Public Utilities Board recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 21-203
Pulled for Individual Consideration by Council Member Armintor.
There were no online registrations or call-ins on the item.
The item was not presented and discussion followed.
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
City of Denton City Council Minutes
February 23, 2021
Page 7
3. ITEMS FOR INDIVIDUAL CONSIDERATION
NOTE: Items are noted in the order presented/considered.
A.AESA20-0006c Consider adoption of an ordinance of the City of Denton, Texas approving
an Alternative Environmentally Sensitive Area Plan for a site generally located on the south
side of the 1-35 East Service Road, approximately 672 feet west of Sam Bass Boulevard, in
the City of Denton, Denton County, Texas; adopting an amendment to the city’s official
Environmentally Sensitive Areas map; authorizing the acceptance and execution of a
conservation easement from Acme Brick Company; providing for a penalty in the maximum
amount of $2,000.00 for violations thereof; providing a severability clause and an effective
date. THE APPLICANT REQUESTS THAT CITY COUNCIL MOVE TO POSTPONE
THIS ITEM TO MARCH 2, 2021. (AESA20-0006, Urban Logistics 35, Christi Upton)
POSTPONED TO MARCH 2, 2021
There were no online registrations or call-ins on the item.
The item was not presented and no discussion followed.
City Attorney Leal clarified the item was to have been officially postponed to a later date
during the February 16 meeting which had been cancelled due to inclement weather; and a
motion to postpone as requested by the applicant was needed.
Council Member Meltzer moved to postpone the item to March 2 as requested by the
applicant. 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 21-133 Consider approval of a resolution of the City of Denton adopting the 2020-2021
City Council priorities and 202 1 work plan for the City of Denton; and providing an effective
date
ASSIGNED RESOLUTION NO. 21-133
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
City of Denton City Council Minutes
February 23, 2021
Page 8
C.ID 21-204 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 JRD, LLC dba Maslonka Powerline Services, LLC, for transmission line construction
services for DME Capital Improvement Plan projects; providing for the expenditure of funds
therefor; and providing an effective date (RFP 7483 - awarded to JRD, LLC dba Maslonka
Powerline Services, LLC, in the four (4) year not-to-exceed amount of $15,880,000.00). The
Public Utilities Board recommends approval (4 - 0).
ASSIGNED ORDINANCE NO. 21-204
There were no online registrations or call-ins on the item.
The item was presented and no discussion followed.
Council Member Armintor moved to postpone the item to May 25; and following discussion
on the impact should the item be postponed, motion died for lack of a second.
Mayor Hudspeth called for a motion on the item.
Council Member Ryan moved to adopt the item as presented. Motion seconded by Council
Member Johnson.
Following discussion, Mayor Hudspeth called the vote on Council Member Ryan's motion
to adopt the item as presented, seconded by Council Member Johnson. Motion calried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, and Meltzer
NAYS (1): Council Member Aunintor
D ID 21-233 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 Hammett Excavation, Inc., for the excavation and construction of Cells 4B-C-D at the
City of Denton Landfill; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7540 - awarded to Hammett Excavation, Inc., in the not-to-exceed
amount of $3,247,974.84). The Public Utilities Board recommends approval (5 - 0).
ASSIGNED ORDINANCE NO. 21-233
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
City of Denton City Council Minutes
February 23, 2021
Page 9
G. ID 21-361 Consider adoption of an ordinance of the City of Denton extending the effective
period of the Declaration of Local Disaster executed by the Mayor on February 19, 2021;
approving an updated Order of the Mayor; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-361
There were no online registrations or call-ins on the item.
The item was presented with staff reported changes having been made to the proposed order,
a copy of which had been emailed to City Council.
Prior to discussion on the item, City Attorney Leal reported the need to meet with City
Council pursuant to Texas Government Code Section 551.071 (Consultation with Attorneys)
and 551.086 (Deliberation Regarding Certain Public Power Utilities Competitive Matters) to
deliberate on issues relating to this matter.
The Executive Session was called at 6:53 p.m., started at 7:08 p.m., and ended at 7:50 p.m.
No votes or actions were taken during the executive session.
The special meeting was reconvened at 8:01 p.m. with discussion on the item occuring.
Following discussion, Council Member Armintor moved to adopt the item with changes as
provided by staff and with the amendment to extend the period through April 15, 2021.
Motion seconded by Council Member Meltzer. Motion failed.
AYES (2): Council Members Armintor and Meltzer
NAYS (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
and Ryan
Following additional 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
E. ID 21-355 Consider adoption of an ordinance amending the City of Denton Utility System
Extendible Commercial Paper Program to increase the authorized amount of notes to
$300,000,000.
ASSIGNED ORDINANCE NO. 21-355
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
City of Denton City Council Minutes
February 23, 2021
Page 10
Council Member Armintor moved to postpone the item to May 25 until the legislative session
started. Motion died for lack of a second.
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
F. ID 21-356 Consider adoption of an ordinance amending Ordinance No. 2021-070 authorizing
the issuance of "City of Denton Utility System Revenue Refunding Bonds, Series 2021 " to
increase the authorized amount of bonds that may be issued to $300,000,000.
ASSIGNED ORDINANCE NO. 21-356
There were no online registrations or call-ins on the item.
The item was briefly presented and no discussion followed.
Mayor Pro Tem Davis moved to adopt the item as presented. Motion seconded by Council
Member Baker. Motion calried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker,
Ryan, and Meltzer
NAYS (1): Council Member Armintor
H ID 21-354 Consider adoption of an ordinance declaring an unopposed candidate in the May
1, 2021 General City Election, declaring Jesse Davis elected to office and cancelling the
election in District 3; providing a severability clause; providing an open meetings clause;
and providing an effective date.
DENIED
There were no online registrations or call-ins on the item.
The item was not presented and discussion followed.
Mayor Pro Tem Davis moved to deny the item. Motion seconded by Council Member Baker.
Motion carried for denial.
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 23, 2021
Page 1 1
1.ID 21-266 Consider nominations/appointments to the City’s Boards, Commissions, and
Committees: Airport Advisory Board, Board of Ethics, Historic Landmark Commission, and
Human Services Advisory Committee.
APPROVED
There were no online registrations or call-ins on the item.
The item was not presented and no discussion followed.
Following discussion, Council Member Ryan 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
4. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 8:55 p.m.
ROSA RIOS
CITY SECRETARY
CITY OF DENTON, TEXAS
MAYOR
CITY OF DENTON, TEXAS
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EXHIBIT B
BOARDS & COMMISSIONS - NOMINATIONS LIST
February 23, 2021
,genda item 3.1 (ID 21-266
NOMINATING
PLACE CCM
T
QUALIFICATION OR
IEN
September 1. 2020
through
31
SepteriEbT7
through
31. 2022
ALL . ALT. 2 2018-2020 - UN
Reappointment
Qualif. 6 - Pastor
September 1, 2020
through
August 31, 2022
Human Services Advisory Committee 2019-2021 - UN September 1, 2019
31. 2021