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May 18, 2021 MinutesCITY OF DENTON CITY COUNCIL MINUTES May 18, 2021 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, May 18, 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 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 First Assistant City Attorney Catherine Clifton 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 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. 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 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. 2.Requests for clarification of agenda items listed on this agenda. • The following item was pulled From Consideration: o Mayor Hudspeth at Staffs request: Item 4.E (21-890) •Clarification was requested on the following items: o Council Member Maguire: Items 4.B (21-691), 4.G (21-892), and 4.O (21-1017) o Council Member Beck: Items 4.B (21-691), 4.H (21-893), 4.K (21-897), and 4.O (21- 1017) o Council Member Armintor: Item 4.P (21-895) o Council Member Byrd: Items 4.F (21-891) and 4.Q (21-901) • The following items were pulled for Individual Consideration: o Mayor Pro Tem Meltzer: 4.Q (21-901) o Council Member Davis: 4.R (21-1008) City of Denton City Council Minutes May 18, 2021 Page 2 3. Work Session Reports NOTE: The items are listed in the order presented. A. ID 21-1030 Receive a report, hold a discussion and give staff direction regarding an update to the City’s response to COVID-19, updated United States Centers for Disease Control and Prevention (CDC) public health guidance, and the wearing of face coverings in City facilities. The item was presented and discussion followed. Following discussion, City Council consensus was to schedule the item for further discussion at a future date, and address the following: • • • • • Staff reach out to Denton County on how the number of vaccines received are determined (as requested by County or as determined by the State); Staff reach out to Denton County to determine how/when can County uses City facilities for medical purposes; Can the Fire Department become a vaccination provider? What is the distinction between being a provider and just providing the vaccinations; Reach out to Denton ISD on their proposed policy on masks for children; and City to revisit maintaining Council, board, commission, committee under the Hybrid model rather than continuing with a combination of Hybrid, pure virtual and in- person as previously directed. B. ID 21-700 Receive a report, hold a discussion and give staff direction regarding the proposed changes to the Mosquito Response Surveillance Plan (MSRP). The item was presented and discussion followed. Following discussion, City Council consensus was to utilize Merus 3.0 for mosquito control. Staff is to present the item to the Sustainability Framework Advisory Committee and report back to City Council via the Friday Report. C. ID 21-924 Receive a report, hold a discussion, and give staff direction regarding an economic development incentive application for DynaGrid Construction Group, LLC. The item was presented and discussion followed. Also presenting on the item was Chief Executive Officer/President and Sitework Manager Don Clark for DynaGrid Construction Group, LLC (Applicant). Following discussion, City Council consensus was as follows: City of Denton City Council Minutes May 18. 202 1 Page 3 •5-year, performance-based incentive, total not to exceed $169,000; • Relocation grant of $40,000 (reimbursement of actual costs); • Stratified job-based grant of up to $109,500; • Residency bonus of $500 per employee who demonstrates to be a Denton resident up to a variation close to $19,500+ (breakdown with existing Denton residents to receive a higher monetary incentive); • Verification of wage and residency based on IRS records; Chapter 380 Agreement to be fbnded by Economic Development Investment Fund; and Nomination to the Texas Enterprise Zone Program. • • D. ID 21-913 Receive a report, hold a discussion, and give staff direction regarding the Comprehensive Plan Update. The item was presented and discussion followed. The work session was recessed for a short break at 5:22 p.m. and reconvened at 5:45 p.m. Following discussion, there was no direction provided as the item was for presentation purposes. Staff was provided specific areas to address. E. ID 21-914 Receive a report, hold a discussion, and give staff direction regarding the creation of a Small Area Plan for an area near Interstate 1-35 North and Highway 77. The item was presented and discussion followed. Following discussion, City Council consensus was to continue as presented. F. ID 21-436 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1 ) Work session regarding using form-based zoning. 2) Work session regarding the one-minute pitch process. • Item 21-436 (1) Work session regarding using form-based zoning.o Consensus for a future work session. • Item 21-436 (2) Work session regarding the one-minute pitch process. o NOT PRESENTED DUE TO LACK OF TIME REMAINING FOR THE WORK SESSION The work session ended at 6:29 p.m. City of Denton City Counci] Minutes May 18, 202 1 Page 4 REGULAR MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Regular Called Meeting on Tuesday, May 18, 2021, at 6:32 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 First Assistant City Attorney Catherine Clifton 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 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. 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. PROCLAMATIONS/PRESENTATIONS A. ID 21-919 Proclamation: Internal Audit Awareness Month PRESENTED B. ID 21-93 1 Proclamation: Bike Month PRESENTED 3.PRESENTATION FROM MEMBERS OF THE PUBLIC A. Reports from members of the public 1) Receive Scheduled Citizen Reports from Members of the Public A. Dr. Stephanie Reinke, 155 Union Circle #3 11277, regarding Children’s Advocacy Center update. PRESENTED City of Denton City Council Minutes May 1 8, 202 1 Page 5 B. Mr. Cedric Chambers regarding the position of City Manager and how well the City is being managed now. NOT PRESENTED; PRESENTER CANCELLED C. Mr. Eric Pruett, 2111 Westwood Drive, regarding what the term walkability means, and what characteristics are common to places that many view as walkable. PRESENTED D. Mr. Joshua Hatton, 1414 Auburn Drive, regarding opposition to proposed "GoZone" changes to Denton County Transportation Authority (DCTA) services. PRESENTED 2) Additional Citizen Reports (Open Microphone) Citizen comments received are noted in Exhibit A. 4. CONSENT AGENDA The Consent Agenda consisted of Items 4. A-R. During the Work Session held earlier in the day, Item 4.E (21-890) was pulled From Consideration by Mayor Hudspeth at Staffs request; Item 4.Q (2 1-901) was pulled for Individual Consideration by Mayor Pro Tem Meltzer; and Item 4.R (21- 1008) was pulled for Individual Consideration by Council Member Davis. Council Member Davis moved to adopt the Consent Agenda, now consisting of Items 4. A-D and 4.F-P. 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 21-813 Consider approval of the May 4, 2021 minutes. APPROVED B ID 21-691 Consider approval of a resolution of the City of Denton stating no objection to the LDG Vintage Ranch, LP 4% housing tax credit application to the Texas Department of Housing and Community Affairs for proposed new construction of Vintage Ranch Apartments in Denton, Texas to provide affordable rental housing; and providing an effective date ASSIGNED RESOLUTION NO. 21-691 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. City of Denton City Council Minutes May 18, 202 1 Page 6 C.ID 21-762 Consider approval of a resolution of the City of Denton stating no objection to the TX Legacy Denton, LP 4% housing tax credit application to the Texas Department of Housing and Community Affairs for proposed new construction of The Legacy in Denton Apartments to provide affordable rental housing; and providing an effective date. ASSIGNED RESOLUTION NO. 21-762 D.ID 21-816 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute Amendment 1 to HOME Agreement between the City of Denton and Denton Affordable Housing Corporation to increase the HOME Investment Partnership Program funds provided for the rehabilitation of four accessible rental units located at Strata Drive, Denton, Texas to an amount not to exceed $82,250; authorizing the expenditure of funds therefor; and providing an effective date. ASSIGNED ORDINANCE NO. 21-816 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. F.ID 21-891 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 Hazen and Sawyer, P.C., amending the contract approved by City Council on July 21, 2015, in the not-to-exceed amount of $427,368.00; amended by Amendments 1, 2, 3, and 4 approved by City Council; said fifth amendment to provide additional engineering services and permitting support for the Hickory Creek Basin Peak Flow Detention Facility and the Hickory Creek Lift Station project; providing for the expenditure of funds therefor; and providing an effective date (File 5768 - providing for an additional fifth amendment expenditure amount not-to-exceed $66,742.00, with the total contract amount not-to-exceed $1,413,706.00). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-891 G ID 21-892 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Stearns, Conrad and Schmidt Consulting Engineers, Inc., dba SCS Engineers, amending the contract approved by City Council on August 18, 2020, in the not-to-exceed amount of $69,645.00; amended by Amendment 1, approved by City Council; said second amendment to provide additional engineering services for surveying and construction quality assurance (CQA) services for the extension of the perimeter landfill gas (LFG) collection header, perimeter road, and waterline at the City of Denton Landfill project; providing for the expenditure of funds therefor; and providing an effective date (File 7109-011 - providing for an additional second amendment expenditure amount not-to-exceed $273,822.00, with the total contract amount not-to-exceed $353,117.00). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-892 City of Denton City Council Minutes May 18, 202 1 Page 7 H.ID 21-893 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 the development of a residential lighting design for Denton Municipal Electric, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7584 - Professional Services Agreement for design services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $74,000.00). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-893 1.ID 21-894 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for the approval of a pre-qualified professional services list of State Certified Engineers for project/program management, professional engineering services, and capital infrastructure-related projects within the City of Denton, for various capital investment projects; and providing an effective date (RFQ 7599 - for two (2) years, with the option for one (1) additional one (1) year extension, in the total three (3) year term). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-894 J.ID 21-896 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7629 for Residential and Small Commercial Energy and Water Audits; and providing an effective date (RFP 7629). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-896 K.ID 21-897 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a seventh amendment to a Professional Services Agreement between the City of Denton and Freese and Nichols, Inc., amending the contract approved by City Council on October 19, 2010, in the not-to-exceed amount of $4,501,530.00, amended by Amendments 1-6 approved by the City Manager and City Council, said seventh amendment to provide engineering and design services relating to the finalization of the project scope, including design of a regional detention facility, an additional traffic signal, and project landscaping associated with the planned DCTA Bridge and Mayhill Road Widening and Improvements Project; providing for the expenditure of funds therefor; and providing an effective date (File 4511 - providing for an additional seventh amendment expenditure amount not-to-exceed $484,160.00, with the total contract amount not-to-exceed $7,543,898.00). ASSIGNED ORDINANCE NO. 21-897 L ID 21-898 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 US Digital Designs, Inc., for the maintenance and licensing for our emergency response automated fire station alerting (Phoenix G2) system for the Fire Department, which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, City of Denton City Council Minutes May 18, 2021 Page 8 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 7635 - awarded to US Digital Designs, 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 $250,000.00). ASSIGNED ORDINANCE NO. 21-898 M.ID 21-899 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 Castle Branch, Inc., for pre-employment and post-offer background checks for the Human Resources Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7636 - awarded to Castle Branch, Inc. for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to- exceed amount of $75,000.00). ASSIGNED ORDINANCE NO. 21-899 N.ID 21-900 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 Fisher Scientific Company, LLC, through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program Contract Number EP 11-20, for the purchase of one (1) handheld device that identifies chemical and explosive materials (Gemini Raman and Fourier Transform Infrared Chemical Analyzer) for the Fire Department; and providing an effective date (File 7680 - awarded to Fisher Scientific Company, LLC, in the not-to-exceed amount of $ 105,742.00). ASSIGNED ORDINANCE NO. 21-900 0.ID 21-1017 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, providing for, authorizing, and approving the purchase of property, boiler, machinery, and business interruption insurance coverage for the Denton Energy Center (DEC), through the City’s broker of record, Lockton Companies, LLC; and providing an effective date (File 7659 - awarded to Associated Electric & Gas Insurance Services Limited (AEGIS), for a three (3) year not-to-exceed amount of $1,811,000.00). ASSIGNED ORDINANCE NO. 21-1017 P ID 21-895 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute an agreement with Global Water Jet, LLC, D/B/A 23 Design Company, for art design and production services for the Public Art sculpture installation to be located at North Lakes Dog Park, 808 W. Windsor Drive; providing for the expenditure of funds therefor; and providing an effective date (File 7691 - awarded to Global Water Jet, LLC, in the not-to exceed amount of $35,000). ASSIGNED ORDINANCE NO. 21-895 City of Denton City Council Minutes May 18, 2021 Page 9 ITEM PULLED FROM CONSIDERATION E. ID 21-890 Consider approval of a resolution of the City of Denton revising the Payroll Deduction Policy No. 106.03 and declaring an effective date. POSTPONED TO A LATER DATE AT STAFF'S REQUEST 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. ITEMS PULLED FOR INDIVIDUAL CONSIDERATION Q.ID 21-901 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute an agreement with the Texas Health and Human Services Commission for the purpose of allowing volunteers from the Foster Grandparent Program to assist with Denton Parks and Recreation children’s programs; authorizing the Interim City Manager, or her designee, to perform all obligations of the City under the agreement, including the expenditure of funds; and providing an effective date. ASSIGNED ORDINANCE NO. 21-901 Pulled for Individual Consideration by Mayor Pro Tem Meltzer. 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 Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire and Armintor NAYS (0): None Note: Staff to provide specific information on what the benefits entail for a Foster Grandparent via the Friday Report. R ID 21-1008 Consider approval of a resolution of the City of Denton supporting the issuance of a letter of opposition to Senate Bill 29, Senate Bill 1646 and House Bill 1399 which are being considered in the 87th Texas Legislature, that would adversely affect transgender members of the Denton community; and providing an effective date. ASSIGNED RESOLUTION NO. 21-1008 Pulled for Individual Consideration by Council Member Davis. City of Denton City Council Minutes May 18, 202 1 Page 10 There were no online registrations or call-ins on the item. The item was presented and no discussion followed. Following commentary, Council Member Armintor moved to adopt the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (5): Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and Armintor NAYS (2): Mayor Hudspeth and Council Member Davis 5.ITEMS FOR INDIVIDUAL CONSIDERATION A.ID 21-859 Consider adoption of an ordinance of the City of Denton adopting a schedule of fees for the Denton Public Library; superseding all prior ordinances establishing fees in conflict with such schedule; providing for severability; and providing for an effective date. The Library Board recommends approval (5-0). ASSIGNED ORDINANCE NO. 21-859 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Maguire 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 B ID 21-889 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 FX5 Utility Construction, LLC, for Underground Electric Installation for the Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7633 - awarded to FX5 Utility Construction, LLC, 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 $15,000,000.00). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-889 There were no online registrations or call-ins on the item. The item was presented and no discussion followed. City of Denton City Council N'linutes May 18, 202 1 Page 11 Following commentary, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Byrd. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire and Armintor NAYS (0): None C.ID 21-967 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, denying the distribution cost recovery factor rate request of Oncor Electric Delivery Company LLC made on or about April 8, 2021; authorizing participation in a coalition of similarly situated cities; authorizing participation in related rate proceedings; requiring the reimbursement of municipal rate case expenses; authorizing the retention of special counsel; finding that the meeting complies with the Texas Open Meetings Act; making other findings and provisions related to the subject; and providing an effective date. ASSIGNED ORDINANCE NO. 21-967 There were no online registrations or call-ins on the item. The item was presented and discussion followed. Following discussion, Council Member Armintor moved to adopt the item as presented denying the distribution cost recovery factor rate request of Oncor Electric Delivery Company LLC. 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 D ID 21-835 Consider adoption of an ordinance amending Ordinance No. 20-2075 providing for acceptance of an amended eligible Non-Annexation Agreement with Mont L and Emrie A Wilkes for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-4 of approximately 347 acres located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard; providing for severability; and providing an effective date. ASSIGNED ORDINANCE NO. 21-835 There were no online registrations or call-ins on the item. The item was presented and no discussion followed. Mayor Hudspeth moved to adopt the item as presented. 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 City of Denton City Council Minutes May 18, 2021 Page 12 6. CONCLUDING ITEMS Council Members expressed items of interest. With no further business, the meeting was adjourned at 8:00 p.m. G'Kg// - – MAYOR CITY OF DENTON, TEXAS ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS MINUTES APPROVED ON S ng g)!g !! ! - }{}{>i g : <b re l Ed hEai E B9 ;Q R 'ag\A E =aQaa Naal QE >,aE g ! 1 gl :i: t E • gEn ]a gUl E0 g EO g 1} E g3\n tXC go < B : 6 IF a €i Bg EQ 8a E ,EC g el \O 00 N 8 ap Cq i < aa E 8 aa E8 gEi ni jgq S g baC)aLI 6 go !I i iX lg ti t E EQ C) Lab0Z R61 (7) 8 a g Hr0 gJ If>b B =-+nIQ B N = C/1 asr IEI &a g)a gaE U ? cr) l 8 Uh IIa AI li (J