May 11, 2021 MinutesCITY OF DENTON CITY COUNCIL MINUTES
May 1 1, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Meeting on Tuesday, May 11, 2021, at 3:07 p.m. in the Council
Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Hudspeth, Mayor Pro Tem 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
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.
SPECIAL CALLED MEETING
1.ITEMS FOR INDIVIDUAL CONSIDERATION
NOTE: Council Members-Elect were issued their Certificate of Election, Statement of Officer, and
Oaths of Office in the Council Chamber.
A ID 21-741 Consider adoption of an ordinance canvassing the returns and declaring the results
of the Regular Municipal Election to elect four City Council Members to Districts 1, 2, 3,
and 4 of the City Council of the City of Denton, held on May 1, 2021; declaring that all
candidates received the majority of votes cast for their respective District with no Runoff
Election being necessary; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-741
All members of the City Council received the comment as submitted and had the opportunity
to review all submissions prior to the start of the meeting and consider such comment when
voting on the item. The summary of public commentary/registrations are noted in Exhibit A.
This item was presented and no discussion followed.
The election results reported the following. As a result, each candidate qualified for election
to the noted District. With the following candidates having received over 509/8 of total votes
cast in the respective District, a runoff election was not necessary.
District 1 Vicki Byrd Elected
District 2 Brian Beck Elected
District 3 Jesse Davis Elected
District 4 Alison Maguire Elected
City of Denton City Council Minutes
N'lay 11, 2021
Page 2
Council Member Meltzer moved to adopt the item as presented. Motion seconded by Council
Member Armintor. Motion carried.
AYES (6): Mayor Hudspeth and Council Members Johnson, Baker, Ryan, Armintor, and
Meltzer
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Mayor Pro Tem Davis
The meeting was recessed to transition from the Council Work Session Room to the Council
Chamber at 3:14 p.m. and reconvened at 3:19 p.m.
B. ID 21-742 Issue the following to newly Elected Council Members:
• Certificate of Election
• Statement of Officer
• Oaths of Office
Mayor Hudspeth presented the newly elected members noted below with a Certificate of
Election, after which City Secretary Rios administered the Statement of Officer and Oaths
of Office to each.
District 1
District 2
District 3
District 4
Vicki Byrd
Brian Beck
Jesse Davis
Alison Maguire
The meeting was recessed to transition from the Council Chamber to the Council Work Session
Room at 3:30 p.m. and reconvened at 3:37 p.m.
C. ID 21-743 Proclamations in appreciation of service to the City of Denton as a City Council
Member for the following:
[The remainder of this page intentionally left blank.]
City of Denton City Council Minutes
May 1 1, 2021
Page 3
• Birdia Johnson - PRESENTED
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BIRDLA JOHNSON
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WHEREAS,Birdia Johnson has wwed ui the City Council of tIn City oftkntm from 2020 to 2021 ; and
NHEREA&The City of Denton has ken extremely foRuRate in having enjoyed the dedicaed and
contHbutions ofBhdia JohnM>n and tnr efforts to make Denton a better city; and
FIst ding
WHEREAS,Birdia Johnson, among her many wnuibudons to the community, has served as Council Member
for DistHa I, on the Commit@ on Community Engagement as Chair, the Community
Partnership Comalitt% Development Code Review Commin% and the Discover Denton
Advisory Board; and
WHEREAS,Binlia Johnson always wwed atx>ve and beyond the efficient discharge of her duties in promoting
the welfare and prosperity of the City, and has earned the respect of her fellow Council Mern :=
colleagua, and citi ans of [hIlton, and the loss of her services will be keenly felt;
NOW, THEREFORE,1, Gerard Huelspeth, Mayor of the City of Denton, Texas, that the sincere and warm appreciation
ofBinba Jc#rnson felt by the citizens and staR of the City of Denton be formally conveyed to her
in a permanent manrnr by nadkrg this proclamation into the ofTi€iaJ minutes of the Cit) of
Denton, and forward to her a true copy thereof; and
BE rr FURTHER RESOLVED,
That the City of Ihnton on this the 11th day of May 2021 dns hereby o£ncially and sincerely
extend its thanks to the Honorable Birdia Johnson for her successful career as Council Member
of th City of[knton.
IN WITNESS WHEREOF, i have henunto sct my hand and caused the ofFicial
seal of tIn City of Denton, Texas to tn affixed this the // W day of May 202 1.
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ROSA RIOS. CITY SECRETARY
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CitY of Denton City Council Minutes
May 1 1, 202 1
Page 4
•Connie Baker - PRESENTED
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WHEREAS,
WHEREAS,
Connie Baker has served on the City Council of the City of Denton Rom 2020 to 2021; and
The City ofDenton has hen extremely fortunate in having enjoyed the dedicated and
contributions of Connie Baker and his efforts to make Denton a better city; and
astanding
XrHERRAS Connie Baker, among his many contributions to the community, has served as Council Member
for District 2, on the Committee on the Environment, the Community Partnership Committee,
Downtown Denton TIF Reinvestment Zone No. 1 Board. and the Discover Denton Advisory
Board; and
WHEREAS,Connie Baker always served above and beyond the efficient discharge of his duties in pmmodng
the welfare and prosperity of the City, and has earned the respect of his fellow Council Members,
colleagues, and citizens of Denton, and the loss of his services will be keenly felt;
NOW, THEREFORE, I, Gerard Hudspeth, Mayor of the City of Denton, Texas, that the sincere and warm appreciation
of Connie Baker felt by the citizens and staff of the City of Denton be formally conveyed to him
in a permanent manner by reading this proclamation into the official minutes of the City of
Denton, and forward to him a true copy thereof; and
BE rr FURTHER RESOLVED,
That the City of Denton on this the llb day of May 2021 does hereby officially and sincerely
extend its thanks to the Honorable Connie Baker for his successnrl career as Council Memb3n
the City of Denton.
fN WITNESS WHEREOF, I have heKunto set my hand and caused the official
seal ofthe City of Denton, Texas to tn affIxed this the //# day of May 2021.
C
GI TH, MAYOR
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ROSA RIOS, CITY SECRETARY
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City of Denton City Council Minutes
May 1 1. 2021
Page 5
• John Ryan - PRESENTED
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ROSA RJfIS3 FI rY SECRETARY
City of Denton City Council Minutes
May 1 1, 2021
Page 6
D.ID 21-744 Election of Mayor Pro Tem.
The item was presented and discussion followed.
Mayor Hudspeth opened the nominations process.
Council Member Maguire nominated Council Member Meltzer to serve as Mayor Pro Tem.
Motion seconded by Council Member Beck.
There being no further nominations, Mayor Hudspeth closed the nomination process.
Following discussion, Council Member Beck offered a friendly amendment to Council
Member Maguire ’s motion to suspend the rules and utilize a “straight” vote process. Council
Member Maguire accepted the friendly amendment.
Mayor Hudspeth called a voice vote on the motion to elect Council Member Meltzer as
Mayor Pro Tem. The motion carried unanimously.
2.RECESS OF SPECIAL CALLED MEETING
The meeting was recessed at 4:03 p.m. and was reconvened following the Close Meeting.
WORK SESSION
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, May 1 1, 202 1, at 4:03 p.m. in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Gerard Hudspeth, Mayor Pro Tem Paul Meltzer and Council Members Vicki
Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor
ABSENT: None
Also present were Interim City Manager Sara Hensley and City Attorney Aaron Leal.
Note: Mayor Gerard Hudspeth, Mayor Pro Tem Paul Meltzer and Council Members Vicki
Byrd, Brian Beck, Jesse Davis, Alison Maguire, Jesse Davis, and Deb Armintor participated
in the work session, closed meeting and 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. However, there were no online registrations or call ins on any items on the agenda.
City of Denton City Counci! Minutes
May 11, 202 1
Page 7
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 item:
o Council Member Maguire: Item 1.C (21-847)
• The following item was pulled for Individual Consideration:
o None
3. Work Session Reports
A. ID 21-635 Receive a report, hold a discussion, and give staff direction regarding an update
to the City of Denton’s COVID-19 response, including providing direction on public
rneetlngs.
The item was presented and discussion followed.
Following discussion, City Council consensus was to proceed with the hybrid model as
presented and follow up at a future meeting as to budgetary implications regarding closed
captioning, Spanish translation, live/closed captioning, creating other zoom meetings, and
expenses involved with board members not attending.
The work session was recessed for a short break at 5:26 p.m. and reconvened at 5:48 p.m.
B. ID 21-555 Receive a report, hold a discussion, and give staff direction regarding the trails
concept map for future identification, renovation, and expansion of facilities and trails.
The item was presented and discussion followed.
Following discussion, City Council consensus was to proceed with connectivity as
featured/presented, continue with feedback, identify heritage trees, and share with the Public
Art Committee for informational purposes.
C ID 21-912 Receive a report, hold a discussion, and give staff direction regarding updating
the existing "Denton Municipal Electric - Energy Risk Management Policy."
The item was presented and discussion followed.
Following discussion, City Council consensus was to proceed with staff recommendation as
presented.
City of Denton City Council Minutes
May 1 1, 2021
Page 8
D.ID 21-435 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for:
1) Discussion regarding the Public Improvement District (PID) policy to better define
Economic Development and to discuss residential requirements.
2) Entering a letter of opposition for SB29, SB 1646 and HB 1399.
• Item 21-435 (1) Discussion regarding the Public Improvement District (PID) policy to
better define Economic Development and to discuss residential requirements
o Consensus for a future work session.
•Item 21-435 (2) Entering a letter of opposition for SB29, SB 1646 and HB 1399.
o Consensus for a future work session
The work session ended at 7:00 p.m.
CLOSED MEETING
1.
A.
The City Council convened into a Closed Meeting at 7:00 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
ID 21-704 Deliberations Regarding Certain Public Power Utilities: Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas
Government Code, Section 551.071. Receive a presentation from staff regarding public
power competitive and financial matters about the risks of wholesale energy supply and risk
management plans, hedge plans, and strategies as each relates to the DME electric power and
gas portfolio; discuss, deliberate, and provide direction to staff regarding the same.
C'onsultation with the City’s attorneys regarding legal issues associated with the above
matters 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
B ID 21-925 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 sale of City-owned real property situated in the Robert Beaumont
Survey, Abstract No. 31 and the William Neill Survey, Abstract No. 971, City of Denton,
Denton County, Texas, located at 414 West Parkway Street, where a public deliberation of
such potential sale would have a detrimental effect on the City’s position in negotiations with
a third party. Consultation with the City’s attorneys regarding legal issues associated with
the potential sale 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 otherwise compromise the City’s legal position in any
negotratrons.
DELIBERATED
City of Denton City Council iblinutes
May iI, 2021
Page 9
C.ID 21-928 Deliberations regarding Personnel Matters - Under Texas Government Code
551.074; and Consultation with Attorneys - Under Texas Government Code 551.071.
Continue deliberations and discussions on the appointment, employment, duties, and
retirement of the City Attorney, including the appointment and compensation of an interim
City Attorney; consultation with the City’s attorneys regarding associated legal issues where
public discussion associated with 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.
DELIBERATED
The item related to Individual Consideration Item 3.C (ID 21-929), scheduled for
consideration at the Special Called Meeting to follow later in the day.
D. ID 21-941 Deliberations regarding Personnel Matters - Under Texas Government Code
Section 551.074. Deliberate and discuss the performance, employment, and duties of the
Interim City Manager.
DELIBERATED
The closed meeting started at 7:10 p.m. and ended at 9:25 p.m. No votes or actions were taken
during the closed meeting.
SPECIAL CALLED MEETING - CONTINUED
After determining that a quorum was present, the City Council of the City of Denton, Texas
reconvened the Special Called Meeting on Tuesday, May 11, 2021, at 9:31 p.m. in the Council
Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Gerard Hudspeth, Mayor Pro Tem Paul Meltzer and Council Members Vicki
Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor
ABSENT: None
Note: Mayor Gerard Hudspeth, Mayor Pro Tem Paul Meltzer and Council Members Vicki
Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor participated in the work
session, closed meeting and 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. However, there were no online registrations or call ins on any items on the agenda.
City of Denton City Council Minutes
May 11, 2021
Page 10
1. CONSENT AGENDA
The Consent Agenda consisted of Items 1.A-E. No items were pulled for Individual Consideration.
Council Member Davis moved to adopt the Consent Agenda as presented. Motion seconded by
Mayor Pro Tem Meltzer. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis,
Maguire, and Armintor
NAYS (0): None
A. ID 21-811 Consider the approval of the minutes for April 27 and May 3, 2021.
APPROVED
B.ID 21-846 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a fifth amendment to a Professional
Services Agreement between the City of Denton and Teague NaII and Perkins, Inc.,
amending the contract approved by City Council on May 8, 2018, in the not-to-exceed
amount of $300,050.00; amended by Amendment No. 1, approved by the City Manager;
Amendment No. 2, approved by City Council on September 24, 2019, Amendment No. 3,
approved by Purchasing, Amendment No. 4, approved by Purchasing; said fifth amendment
to provide a conceptual site plan to include additional engineering, parking plan, and
landscape design for the City of Denton Service Center Complex; providing for the
expenditure of funds therefor; and providing an effective date (File 6581 - providing for an
additional fifth amendment expenditure amount not-to-exceed $49,500.00, with the total
contract amount not-to-exceed $5 13,490.00).
ASSIGNED ORDINANCE NO. 21-846
C.ID 21-847 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of Change Order No. 3 to the contract
between the City of Denton and Quality Excavation, LLC, for the 2019 Street Reconstruction
project for the City of Denton with geographical limits as follows: Hercules Lane from
Locust Street to Stuart Road, Scripture Street from Thomas Street to Jagoe Street, Thomas
Street from West Oak Street to Panhandle Street, and Windsor Drive from North Locust
Street to Armstrong Street; providing for the expenditure of funds therefor; and providing an
effective date (IFB 7237 - Change Order No. 3 in the not-to-exceed amount of $514,642.84
for a total contract award aggregated to $11,902,878.28).
ASSIGNED ORDINANCE NO. 21-847
D ID 21-848 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 Green Frog Systems, Inc., through the Buy Board Cooperative Purchasing Network
Contract # 592-19, for the purchase of lighting equipment for the trails located within
Quakertown Park and Carl Young Sr. Park for the Parks and Recreation Department;
City of Denton City Council Minutes
May 11, 2021
Page 11
providing for the expenditure of funds therefor; and providing an effective date (File 7644 -
awarded to Green Frog Systems, Inc., with a term ending October 1, 2022, in the not-to-
exceed amount of $ 171,488.00).
ASSIGNED ORDINANCE NO. 21-848
E.ID 21-849 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 EZ Dock of Texas, L.P., through the Buy Board Cooperative Purchasing Network
Contract # 592-19, for the replacement of the South Lakes Fishing Dock for the Parks and
Recreation Department; providing for the expenditure of funds therefor; and providing an
effective date (File 7663 - awarded to EZ Dock of Texas, L.P., in the not-to-exceed amount
of $69,544.40).
ASSIGNED ORDINANCE NO. 21-849
2. ITEM(S) FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
A ID 21-739 Consider adoption of an ordinance of the City of Denton determining the public
use, need, and necessity for the acquisition of various electric easements, generally located
along Bernard Street, between West Highland Street and Collins Street, situated in the
Alexander Hill Survey, Abstract 623 and the M.E.P. and P.R.R. Company Survey,
Abstract 925, all in the city and county of Denton, Texas, and more particularly described
in the attached Exhibit A (collectively, the "Property Interests"); authorizing the Interim City
Manager and the City Attorney, or their respective designees, to acquire the Property
Interests by agreement, if possible, including making all offers required by law; authorizing
the use of the power of eminent domain to condemn the Property Interests if agreement
cannot be reached; authorizing the City Attorney, or their designee, to file eminent domain
proceedings, if necessary; authorizing the expenditure of funding; making findings;
providing a savings clause; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-739
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Mayor Pro Tem Meltzer moved that the City of Denton, after having
made the offers required by State law, use the power of eminent domain, if needed, to acquire
various electric easements situated in the Alexander Hill Survey, Abstract 623 and the M.E.P.
and P.R.R. Company Survey, Abstract 925, all in the City of Denton, Denton County, Texas,
and more particularly described on Exhibit A to the ordinance now under consideration and
on the screen to be displayed to the audience, all of which are for a valid public use necessary
for the expansion, construction, maintenance, and operation of the Hickory to Locust electric
transmission line, to serve the public and citizens of the City of Denton.
City of Denton City Council Minutes
May 1 1, 2021
Page 12
Each page of Exhibit A of the proposed ordinance was shown online prior to a second to the
motion being called.
Motion seconded by Council Member Davis. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
3.ITEMS FOR INDIVIDUAL CONSIDERATION - CONTINUED
A.ID 20-2530 Consider adoption of an ordinance approving an economic development
agreement under Chapter 380 of the Local Government Code to promote economic
development and to stimulate business activity and economic growth of the City of Denton,
between the City of Denton and Ranchland Foods, LLC, regarding the expansion of
operations and increase in the number of high wage or knowledge-based jobs in the City
of Denton; authorizing the expenditure of funds therefor; and providing an effective date.
The Economic Development Partnership Board recommends approval (8-0).
ASSIGNED ORDINANCE NO. 20-2530
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Mayor Pro Tem Meltzer moved to adopt the item as presented. Motion
seconded by Council Member Maguire. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
B.ID 20-2551 Consider approval of a resolution of the City Council of the City of Denton
nominating Ranchland Foods, LLC, to the Office of the Governor Economic Development
and Tourism through the Economic Development Bank as an Enterprise Project; and
providing an effective date. The Economic Development Partnership Board recommends
approval (8-0).
ASSIGNED RESOLUTION NO. 20-2551
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Council Member Davis moved to adopt the item as presented. Motion
seconded by Council Member Armintor. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Arrnintor
NAYS (0): None
City of Denton City Council Minutes
May 1 1. 2021
Page 13
C. ID 21-929 Consider approval of a resolution of the City Council of the City of Denton, Texas,
appointing an Interim City Attorney; setting forth the terms of the appointment; setting forth
the interim city attorney’s salary; and providing an effective date.
ASSIGNED RESOLUTION NO. 21-929
The item was discussed, in part, under Closed Meeting Item 1.C (ID 21-928) pursuant to
Texas Government Code Sections 551.074 (Personnel Matter) and 551.071 (Consultation
with Attorney) deliberated earlier in the day.
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Council Member Davis moved to adopt the item as presented. Motion
seconded by Council Member Beck. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
4. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 10:33 p.m.
GERARD HUDm
MAYOR
CITY OF DENTON, TEXAS IULU%IT
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