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March 16, 2021CITY OF DENTON CITY COUNCIL MINUTES March 16, 2021 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, March 16, 2021, at 2:00 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. Council Member Armintor arrived at 2:02 p.m. 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 regular 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 item(s) was/were pulled for Individual Consideration: o Council Member Armintor: Items 3.B (21-338) and 3. V (21-496) NOTE: Later in the meeting, Council Member Armintor’s request to pull items was accepted. 3. Work Session Reports A. ID 21-228 Receive a report, hold a discussion, and give staff direction regarding an audit follow-up of accounts payable. City of Denton City Council Minutes March 16. 2021 Page 2 The item was presented and discussion followed. Following discussion, there was no direction provided as the item was for presentation/discussion purposes. B.ID 21-339 Receive a report, hold a discussion, and give staff direction regarding processes, impacts, and results of service delivery during the February 2021 inclement weather event by the following departments: 1. Facilities - PRESENTED 2. Police /Fire/Emergency Management - PRESENTED 3 . Public Works: Streets, Drainage, Traffic - PRESENTED 4. Public Works: Fleet - NOT PRESENTED; RESCHEDULED TO APRIL 6, 2021 5. Human Resources/Risk Management - PRESENTED The item was presented for the departments as noted above and discussion followed. Following discussion, there was no direction provided as the item was for presentation/discussion purposes. The work session was recessed for a short break at 4:01 p.m. and reconvened at 4:18 p.m. C.ID 21-136 Receive a report, hold a discussion, and give staff direction regarding the Development Code Review Committee’s role and responsibilities. The item was presented and discussion followed. Following discussion, City Council consensus was to continue as proposed to make the Denton Development Code Review Committee a standing City Council Committee, meet as needed, and have voting rights. A formal action item to follow at a later date formalizing the process. D. ID 21-514 Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COVID-19 response, the Local Disaster Declaration, and the Eleventh Order of Council of the City of Denton issued December 17, 2020 approved by Ordinance 20-2467. The item related to Individual Consideration Item 4. AD (ID 21-432) scheduled for consideration at the Regular Meeting to follow later in the evening. The item was presented and discussion followed. Following discussion, there was no direction provided as the item was for presentation/discussion purposes. City of Denton City Council Minutes March 16. 2021 Page 3 E.ID 20-2387 Receive a report, hold a discussion, and give staff direction on pending City Council requests for information for: 1) Changing all forms of "he or she," "him or her," "his or hers" in city policy to the grammatically appropriate form of they/them/theirs in any city documents, written policies, and laws that can be changed without a Charter change. NOT PRESENTED 2) Have a discussion regarding the one-minute pitch process. PRESENTED The item was presented and discussion followed. Results were as follows: •Item 20-2387 (1) Changing all forms of "he or she," "him or her," "his or hers" in city policy to the grammatically appropriate form of they/them/theirs in any city documents, written policies, and laws that can be changed without a Charter change. o NOT PRESENTED; PULLED FROM PRESENTATION BY COUNCIL MEMBER ARMINTOR • Item 20-2387(2) Have a discussion regarding the one-minute pitch process. o No consensus for a work session. The work session was recessed at 5:29 p.m. to continue with the Closed Meeting. CLOSED MEETING 1.The City Council convened into a Closed Meeting at 5:29 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. A.ID 21-543 Consultation with Attorneys - Under Texas Government Code Section 551.071 Consult with the City’s attorneys and provide direction pertaining to the legal status, legal analysis, legal strategy, and potential resolution of litigation in Cause No. 21-1421-16, styled "City of Denton, Texas v. Electric Reliability Council of Texas (ERCOT)," pending in the 16th Judicial District Court, Denton County, Texas, including release of confidential information related to same; where discussion 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 the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position in pending litigation. DELIBERATED The closed meeting started at 5:45 p.m. and ended at 6:26 p.m. No votes or actions were taken during the closed meeting. City of Denton City Council Minutes March 16, 2021 Page 4 WORK SESSION - CONTINUED The work session reconvened at 6:29 p.m. Mayor Hudspeth granted Council Member Armintor’s request to pull Consent Items 3.B (21-338) and 3. V (21-496) for Individual Consideration. The work session ended at 6:32 p.m. 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, March 16, 2021, at 6:37 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 Council Member Ryan arrived at 6:49 p.m. 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, closed meeting and regular 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. PLEDGE OF ALLEGIANCE A. U.S. Flag and B. Texas Flag 2. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Reports from members of the public 1) Receive Scheduled Citizen Reports from Members of the Public None 2) Additional Citizen Reports (Open Microphone) None City of Denton City Council Minutes March 16. 2021 Page 5 3. CONSENT A(,ENDA The Consent Agenda consisted of Items 3.A-W. During the Work Session held earlier in the day, Items 3.B (20-338) and 3. V (21-496) were pulled for Individual Consideration by Council Member Armintor. Mayor Pro Tem Davis moved to adopt the Consent Agenda, now consisting of Items 3. A, 3.C-U, and 3. W. Motion seconded by Council Member Armintor. Motion carried. AYES (6): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, Armintor, and Meltzer NAYS (0): None ABSENT WHEN VOTE TAKEN (1): Council Member Ryan A. ID 21-336 Consider approval of the minutes of February 23, March 1, and March 2, 2021. APPROVED C.ID 21-368 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Denton County Friends of the Family, Inc.; authorizing the City Manager or designee to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed twelve hundred and fifty dollars ($ 1,250.00); and providing for an effective date. ASSIGNED ORDINANCE NO. 21-368 D.ID 21-369 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Denton Music and Arts Collaborative; authorizing the City Manager or designee to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing an effective date. ASSIGNED ORDINANCE NO. 21-369 E.ID 21-370 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Giving Hope, Inc.; authorizing the City Manager or designee to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing an effective date ASSIGNED ORDINANCE NO. 21-370 F ID 21-371 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Grace Like Rain; authorizing the City Manager or designee to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing for an effective date. ASSIGNED ORDINANCE NO. 21-371 City of Denton City Council Minutes March 16. 2021 Page 6 G.ID 21-329 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Bibliotheca, LLC, for the purchase of Radio Frequency Identification Hardware and Software including: self-check kiosks with unlockers, automated return systems, staff equipment, and security gates at all Denton Public Library facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7450 - awarded to Bibliotheca, LLC, for five (5) years, with the option for two (2) additional one (1) year extensions, in the total seven (7) year not-to-exceed amount of $330,939.00). ASSIGNED ORDINANCE NO. 21-329 H.ID 21-410 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 Schrickel, Rollins and Associates, Inc., for a design engineering report, final design, bid phase services, and construction administration services for the replacement of Lakeview Ranch Wastewater Interceptor, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590- 098 - Professional Services Agreement for design services awarded to Schrickel, Rollins and Associates, Inc., in the not-to-exceed amount of $241,800.00). The Public Utilities Board recommends approval (6 - 0). ASSIGNED ORDINANCE NO. 21-410 1.ID 21-411 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 Schrickel, Rollins and Associates, Inc., for a design engineering report, final design, bid phase services, and construction administration services for the Robson Ranch Wastewater Treatment Plant Lift Station Conversion, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-099 - Professional Services Agreement for engineering services awarded to Schrickel, Rollins and Associates, Inc., in the not-to-exceed amount of $240,500.00). The Public Utilities Board recommends approval (4 - 0). ASSIGNED ORDINANCE NO. 21-411 J ID 21-412 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Brandon & Clark, Inc., for the repair of electric motors at the Water Production and Water Reclamation facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7482 - awarded to Brandon & Clark, 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 $300,000.00). The Public Utilities Board recommends approval (6 - 0). ASSIGNED ORDINANCE NO. 21-412 City of Denton City Council Minutes March 16. 202 1 Page 7 K.ID 21-413 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Global Pump Solutions, LLC, for the repair and rebuild of pumps at the Water Production and Water Reclamation facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7482 - awarded to Global Pump Solutions, LLC, 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 $1,000,000.00). The Public Utilities Board recommends approval (6 - 0). ASSIGNED ORDINANCE NO. 21-413 L.ID 21-416 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 in support of the Denton Square Pedestrian All-Way Crosswalk Improvements Design, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-101 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $95,000.00). ASSIGNED ORDINANCE NO. 21-416 M.ID 21-417 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State reimbursable Safe Routes to Schools (SRTS) projects; Ginnings and Alexander Elementary Schools Sidewalk Improvements projects, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-102 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $215,000.00). ASSIGNED ORDINANCE NO. 21-417 N.ID 21-418 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State Reimbursable Advanced Funding Agreement; North Texas Boulevard Improvements Project, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-103 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc. in the not-to-exceed amount of $338,900.00). ASSIGNED ORDINANCE NO. 21-418 0 ID 21-419 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State reimbursable Transportation Alternatives Set- Aside (TASA) Program project; Sycamore - Welch Active Transportation Connection Bike City of Denton City Council Minutes March 16. 2021 Page 8 Lanes and Shared - Use Path Facilities project, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-104 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $250,000.00). ASSIGNED ORDINANCE NO. 21-419 P.ID 21-420 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State reimbursable Safe Routes to School (SRTS) projects; Wilson and Pecan Creek Elementary Schools Sidewalk Improvements projects, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-105 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $150,000.00). ASSIGNED ORDINANCE NO. 21-420 Q.ID 21-422 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Texas Fire & Sound, Inc., through the Buy Board Cooperative Purchasing Network Contract # 574-18, for the repair, installation, inspection, and maintenance of fire suppression systems, fire extinguishers, fire, and security alarm monitoring throughout City Buildings; providing for the expenditure of funds therefor; and providing an effective date (File 7598 - awarded to Texas Fire & Sound, 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 $850,000.00). ASSIGNED ORDINANCE NO. 21-422 R.ID 21-423 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 Baker and Taylor, LLC, as agent for Bridgeall Libraries Limited, for library collection analysis software package, CollectionHQ and ESP, which is the sole provider of this software, 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 7478 - awarded to Baker and Taylor, LLC, as agent for Bridgeall Libraries Limited, in the five (5) year not-to-exceed amount of $92,000.00). ASSIGNED ORDINANCE NO. 21-423 S ID 21-426 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 contract between the City of Denton and Texas Series of Lockton Companies, LLC, amending the contract approved by City Council on August 4, 2020, in the not-to-exceed amount of $480,000.00; said first amendment for the cost of additional broker services; providing for the expenditure of fb:nds therefor; and providing an effective date (File 7365 - providing for an City of Denton City Council Minutes March 16. 2021 Page 9 additional first amendment expenditure amount not-to-exceed $75,000.00, with the total contract amount not-to-exceed $555,000.00). ASSIGNED ORDINANCE NO. 21-426 T.ID 21-427 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified real estate list of firms who have quantified their knowledge, experience, and credentials in acquiring property interests and relocation services for a public agency following Federal and State guidelines, who will be utilized for acquiring real property interests relating to capital projects and on city-wide department driven incentives within the City of Denton; and providing an effective date (RFQ 7480 - for a three (3) year term). ASSIGNED ORDINANCE NO. 21-427 U.ID 21-202 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute a Wastewater Main Cost Participation Agreement with Sagebrook Denton LP, (’'Sagebrook") for the City’s participation in the oversizing of wastewater mains in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. (in the not-to-exceed amount of 5216,000.00). ASSIGNED ORDINANCE NO. 21-202 W. ID 21-509 Consider approval of a resolution of the City of Denton providing the March 8, 2021 meeting absence by Parks, Recreation, and Beautification Board member Alana Presley Taylor be excused; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-509 ITEMS PULLED FOR INDIVIDUAL CONSIDERATION B ID 21-338 Consider adoption of an ordinance approving a Preliminary Engineering Services Agreement by and between the City of Denton and the Kansas City Southern Railroad Company (’'KCSRR") relating to the widening of South Bonnie Brae Street within the railroad right-of-way located at KCSRR Mile Post 103.24, within the County and City of Denton, Texas; providing for the expenditure of funds (the estimate is $10,000.00 for Preliminary Engineering; the City will receive a final invoice upon completion of the work); and providing an effective date. ASSIGNED ORDINANCE NO. 21-338 Pultedfor Individual Consideration by Council Member Armintor. There were no online registrations or call-ins on the item. The item was not presented and no discussion followed. City of Denton City Council Minutes March 16. 2021 Page 10 Mayor Pro Tem Davis moved to adopt the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, and Meltzer NAYS (1): Council Member Armintor ABSENT WHEN VOTE TAKEN (1): Council Member Ryan V.ID 21-496 Consider adoption of an ordinance authorizing expenditure of an additional $ 100,000.00 in previously budgeted nrnds for outside counsel and other trial expenses in the litigation styled "City of Denton v. Robert P. Donnelly," pending in the Probate Court of Denton County, Texas; and providing an effective date. ASSIGNED ORDINANCE NO. 21-496 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 no discussion followed. Mayor Pro Tem Davis moved to adopt the item as presented. Motion seconded by Council Member Johnson. Motion carried. AYES (5): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, and Meltzer NAYS (1): Council Member Armintor ABSENT WHEN VOTE TAKEN (1): Council Member Ryan 4. ITEMS FOR INDIVIDUAL CONSIDERATION A ID 21-432 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, extending the effective period of the declared state of local disaster to June 30, 2021; superseding and replacing the Eleventh Order of Council of the City of Denton issued December 17, 2020 approved by Ordinance No. 20-2467; confirming the expenditure of funds and authorizing the expenditure of additional funds; providing a repealer clause; and providing an effective date. ASSIGNED ORDINANCE NO. 21-432 The item related to Item 3.D (ID 21-514) deliberated during the Work Session held earlier in the day. There were no online registrations or call-ins on the item. The item was not presented and discussion followed. City of Denton City Council Minutes March 16. 202 ! Page 11 Following discussion Mayor Pro Tem Davis moved to adopt the item as presented. Motion seconded by Mayor Hudspeth. Motion carried. AYES (6): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, Armintor, and Meltzer NAYS (0): None ABSENT WHEN VOTE TAKEN (1): Council Member Ryan Council Member Ryan arrived at 6:49 p.m. B. ID 21-274 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, amending the FY 2020-21 Annual Audit Plan; and providing an effective date. ASSIGNED ORDINANCE NO. 21-274 There were no online registrations or call-ins on the item. The item was presented and no discussion followed. Council Member Meltzer moved to adopt the item as recommended by the Audit/Finance Committee. 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 C ID 21-415 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Freese and Nichols, Inc., for engineering-related on- call professional services, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-100 - Professional Services Agreement for engineering on-call services awarded to Freese and Nichols, Inc., in the three (3) year not-to-exceed amount of $3,031,783.00). The Public Utilities Board recommends approval (6 0) ASSIGNED ORDINANCE NO. 21-415 There were no online registrations or call-ins on the item. The item was presented and no discussion followed. 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 March 16, 202 1 Page 12 D. ID 21-424 Consider approval of a resolution of the City Council of the City of Denton approving Civil Service Commissioner Lilyan Prado Carrillo’s request for a leave of absence; and providing an effective date. ASSIGNED RESOLUTION NO. 21-424 There were no online registrations or call-ins on the item. The item was not presented and no discussion followed. Council Member Armintor 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 E.ID 21-425 Consider approval of a resolution of the City Council of the City of Denton confirming the Interim City Manager’s appointment of Jaime Blanton to the Civil Service Commission to serve for the remainder of Civil Service Commissioner Lilyan Prado Carrillo’s term, which expires on August 31, 2021; and providing an effective date. ASSIGNED RESOLUTION NO. 21-425 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 adopt the item as presented. Motion seconded by Council Member Johnson. Motion calried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, Ryan, Armintor, and Meltzer NAYS (0): None F AESA20-0006e 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. STAFF HAS POSTPONED THIS ITEM TO A FUTURE DATE TO CONTINUE TO FINALIZE SITE PLAN DETAILS. (AESA20-0006, Urban Logistics 35, Christi Upton) POSTPONED TO AN EVENT CERTAIN - FINALIZATION OF SITE PLAN DETAILS City of Denton City Council Minutes March 16, 2021 Page 13 There were no online registrations or call-ins on the item. The item was not presented at Staffs request and no discussion followed. Mayor Pro Tem Davis moved to postpone the item to an event certain, being until the site plan was finalized. Motion seconded by Council Member Johnson. Motion carried AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, Ryan, Armintor, and Meltzer NAYS (0): None G. ID 21-428 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Board of Ethics, Committee on Persons with Disabilities, Health & Building Standards Commission, and Public Utilities Board. APPROVED There were no online registrations or call-ins on the item. The item was not presented and no discussion followed. Council Member Armintor moved to appoint the nominees as noted 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 5. PUBLIC HEARINGS A ID 21-242a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 26 - Utilities, Article V - Indirect discharge into sanitary wastewater system of the City’s Code of Ordinances; providing for a severability clause; providing for a savings clause; providing a penalty; providing for codification; and providing for publication and an effective date. Public Utilities Board recommends 5-0. ASSIGNED ORDINANCE NO. 21-242a There were no registrations or call ins on the item. The item was presented and discussion followed. The public hearing was opened and with no callers in the queue, the public hearing was closed City of Denton City Council Minutes March 16. 2021 Page 14 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 B.220-0013b 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 General Office (GO) and Mixed-Use Regional (MR) Districts to Highway Corridor (HC) District on approximately 18.55 acres of land generally located on the southwest corner of the intersection of the 1-35 Southbound Service Road and Barthold Road, 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. The Planning and Zoning Commission voted [5-1] to approve the request. (220-0013b, Loves Travel Stop, Julie Wyatt) ASSIGNED ORDINANCE NO. 220-O013b There were no online registrations or call-ins on the item. 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 Meltzer moved to adopt the item as presented. Motion seconded by Mayor Pro Tem Davis. Motion carried. AYES (6): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, Ryan, and Meltzer NAYS (1): Council Member Armintor C S20-0010c 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 Bar, Tavern, or Lounge use on an approximately 0.451 acres of land, generally located on the southwest corner of Stroud Street and South Elm 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. The Planning and Zoning Commission vote [6-0] to approve the request. (S20-0010c, 400 S Elm Bar Use, Sean Jacobson). ASSIGNED ORDINANCE NO. S20-0010c There were no online registrations or call-ins on the item. The item was presented and discussion followed. City of Denton City Council Minutes March 16, 202 i Page 15 The public hearing was opened and citizen comments received are noted in Exhibit B. With no other 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 (4): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Baker and Ryan NAYS (3): Council Members Johnson, Armintor, and Meltzer D.PD20-0002d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a rezoning from General Office (GO) and Rural Residential (RR) Districts to a Planned Development (PD) District on an approximately 90-acre property generally located on the north side of Loop 288, between North Elm Street and Bonnie Brae 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. A supermajority vote by the Council is required for approval. (PD20-0002d, Hirschbach, Julie Wyatt) DENIED 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. See Exhibit B for details. The item was presented and discussion followed. The public hearing was opened and citizen comments received are noted in Exhibit B. b\' The meeting was recessed for a short break at 10:00 p.m. and reconvened at 10:16 p.m. With no other callers on queue, the public hearing was closed. Following additional discussion, Council Member Meltzer moved to deny the item. Motion seconded by Mayor Pro Tem Davis. Motion carried to deny the item. AYES (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, Ryan, Armintor, and Meltzer NAYS (0): None E 220-0012b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an amendment to the Rayzor Ranch Overlay District to amend the concept and zoning map exhibits and amend development standards and design criteria for development within the eastern portion of the Rayzor Ranch South Campus - South Mixed Use District, being approximately 90.54 acres generally located on the south side of West University Drive/US 380, east of Heritage Trail, and west of Bonnie Brae Street in the City City of Denton City Council Minutes March 16. 2021 Page 16 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 for severability and establishing an effective date. The Planning and Zoning Commission voted [7-0] to approve the request. STAFF IS REQUESTING THIS ITEM BE POSTPONED TO THE APRIL 6, 2021 MEETING. (220-0012, Rayzor Ranch East Overlay Amendments, Hayley Zagurski). POSTPONED TO APRIL 6, 2021 There were no online registration or call-ins on the item. The item was not presented at Staffs request and no discussion followed. Council Member Ryan moved to postpone the item to April 6, 2021 as requested by Staff. Motion seconded by Mayor Pro Tem Davis. Motion carried A\TS (7): Mayor Hudspeth, Mayor Pro Tem Davis and Council Members Johnson, Baker, Ryan, Armintor, and Meltzer NAYS (0): None 6. CONCLUDING ITEMS Council Members expressed no items of interest. With no further business, the meeting was adjourned at 10:37 p.m. / __ ,of Z,,’ // '==/ GERARD HUDSPETH MAYOR CITY OF DENTON, TEXAS /1 MINUTES APPROVED ON A ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS nVq\\ b,20ZI EXHIBIT A BOARDS & COMMISSIONS - NOMINATIONS LIST March 16, 2021 Agenda item 4.G (ID 21-428 BOARD/COMMITTEE/COMMISSION COUNCIL PLACE 1 NOMINATING CCM MEMBER NAME NEW TERM QUALIFICATION OR Board of Ethics Johnson.1 Ronnie Mohair 2018-2020 - UN September 1, 2020 through August 31, 2022 tIN EXPIRED September 1 , 2020 through August 31. 2022 Te-FiiinFITim through August 31, 2022 July 1, 2020 through June 30, 2022 UN EXPIRED September 1, 2019 through August 31, 2023 Reina IEila Pref. Qualtf. 6 - Pastor Board of Ethics 7 Hudspeth-7 Dustin Pavelek 2018-2020 New Pref. Qualif. 3: Engineer Committee on Persons with Disabilities ALL - 4 All [Hudspeth.7]Valda Morgan 2019-2020 . UN Reappointment Health & Building Standards Commission IALL - ALT - 1 All [Armintor-5]Cyndell Addison 2018-2020 Reappointment Qualif.: Other Public Utilities Board Johnson-1 Ben Jumper N/A New eQb a ; ba hEa 3qP E a = EDfy E3aQaa 61a61 \d =i:eu E g IB Of ! ! S iSaUl ii gJAl Ea) g)a eC) V)Q jai C) Al 8Q 8:b U g 3 on B rn 8 a\ gi BE Lq I i i ]] BI Ig }}$ 1,Z:{ \d jF i } } }