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August 10, 2021CITY OF DENTON CITY COUNCIL MINUTES August 10, 2021 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Closed Meeting on Tuesday, August 10, 2021, at 2:03 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT IN PERSON: Mayor Gerard Hudspeth, and Council Members Vicki Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Arrnintor PRESENT VIRTUIALL Y: Mayor Pro Tern Paul Meltzer ABSENT: None Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine Clifton. CLOSED MEETING 1. The City Council convened into a Closed Meeting at 2:03 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. A. ID 21-1252 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 Municipal Judge. DELIBERATED B. ID 21-1251 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 2:03 p.m., was recessed at 3 :25 p.m., and set to continue following the work session as posted on the agenda. No votes or actions were taken during the closed 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, August 10, 2021, at 3:48 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT IN PERSON: Mayor Gerard Hudspeth, and Council Members Vicki Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor PRESENT VIRTUIALLY: Mayor Pro Tern Paul Meltzer ABSENT: None City of Denton City Council Minutes August 10, 2021 Page 2 Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine Clifton. 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. 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 was pulled for Individual Consideration: o Council Member Maguire: Item 3.C (21-1287) o Council Member Armintor: Item 3.C (21-1287) 3. Work Session Reports A. ID 21-1321 Receive a report, hold a discussion, and give staff direction regarding a COVID- 19 update and potential options and considerations for the City of Denton to support vaccination and testing efforts. The item was presented and discussion followed. Following discussion, City Council consensus was for Staff to further investigate the following proposed options and research issues regarding mandating masks for citizens and employees with the results to be provided via a Legal Status Report: • Option 1-Communication Efforts; • Option 2 -Mobile Provider; • Option 3 -Door to Door canvassing; • Option 4 -Testing machine; • Option 5 -Incentive for vaccinations; The work session was recessed for a short break at 5:40 p.m. and reconvened at 6:09 p.m. City of Denton City Council Minutes August 10, 2021 Page 3 B. ID 21-458 Receive a report, hold a discussion, and give staff direction regarding the General Fund preliminary FY 2021-22 Proposed Budget, Tax Rate, Capital Improvement Program, and Five-Year Financial Forecast. The item was presented and discussion followed. Following discussion, City Council consensus was for the item to return for further discussion during the August 17th meeting. C. ID 21-1686 Receive a report, hold a discussion, and give staff direction regarding funding and use options for the development of a Sustainability Fund. The item was presented and discussion followed. Following discussion, City Council consensus was to proceed with the sustainability portion of the item and link it to the Tenaska deal at an amount of no less than $2,000,000. D. ID 21-1268 Receive a report, hold a discussion, and give staff direction regarding the scope and connectivity options for the Westgate Roadway Improvement Project. The item was presented and discussion followed. Following discussion, City Council consensus was to move forward with Staff recommendations. E. ID 21-1089 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: 1) Complete a comprehensive Environmentally Sensitive Area (ESA) inventory • Item 21-1089 (1) Complete a comprehensive Environmentally Sensitive Area (ESA) inventory. o Consensus for a future work session. The work session ended at 8:39 p.m. CLOSED MEETING -CONTINUED 1. The City Council reconvened into a Closed Meeting at 8:5 1 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows. City of Denton City Council Minutes August IO, 2021 Page4 C. ID 21-1671 Deliberations Regarding Certain Public Power Utilities Competitive Matters - Under Texas Government Code Section 5 51. 086. Receive a presentation from staff regarding public power competitive and financial matters pertaining to the purchase of renewable energy; discuss and deliberate renewable energy strategies. DELIBERATED The closed meeting reconvened at 8:51 p.m. and ended at 9:27 p.m. No votes or actions were taken during the closed meeting. 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, August 10, 2021 , at 9:34 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT IN PERSON: Mayor Gerard Hudspeth, and Council Members Vicki Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor PRESENT VIRTUIALL Y: Mayor Pro Tern Paul Meltzer ABSENT: None Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine Clifton. 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. 1. CONSENT AGENDA The Consent Agenda consisted of Items l .A-1. During the Work Session held earlier in the day, Item 3.C (21-1287) was pulled for Individual Consideration by Council Members Maguire and Armintor. Council Member Davis moved to approve the Consent Agenda now consisting ofltems l .A-Band D-1. Motion seconded by Council Member Beck. Motion carried. A YES (7): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None A. ID 21-1355 Consider the approval of the minutes for July 27 and August 2, 2021. APPROVED City of Denton City Council Minutes August 10, 2021 Page 5 B. ID 21-1349 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Animal Shelter Advisory Committee, Committee on Persons with Disabilities, Planning & Zoning Commission, Public Art Committee, and Zoning Board of Adjustment. APPROVED Appointments listed on Exhibit A. D. ID 21-1555 Consider adoption of an ordinance of the City of Denton authorizing the transfer of funds from the Downtown Tax Increment Reinvestment Zone (TIRZ) Sidewalk and Lighting Project to the Downtown Storm Drain Phase 1 Project in the amount of $102,451.25 to facilitate the construction of the McKinney Street segment (Bell Place to Frame Street) of the 2018 Sidewalk Improvements Project. The Downtown Denton Tax Increment Financing Zone No. One Board recommends approval (4-0). ASSIGNED ORDINANCE NO. 21-lSSS E. ID 21-1587 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 4 to the contract between the City of Denton and Quality Excavation LTD, for construction of the McKinney Street sidewalk segment for the Downtown Storm Sewer Trunk Line PH I Project; providing for the expenditure of funds therefor; and providing an effective date (IFB 7086 -Change Order No. 4 in the not-to-exceed amount of $102,451.25, for a total contract award aggregated to $1 ,218,908.25). ASSIGNED ORDINANCE NO. 21-1587 F. ID 21-1557 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the expenditure of funds in the amount of $70,553.00 to the Texas Department of Transportation (TxDOT) in addition to the previously authorized amount of $29,562.00, for the improvement of traffic signals and pedestrian facilities at the intersections of Loop 288 at Kings Row, Loop 288 at US 380, and Loop 288 at E. McKinney Street. ASSIGNED ORDINANCE NO. 21-15S7 G. ID 21-1580 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 RSVP Services, Inc., amending the contract approved by City Council on April 3, 2018, in the not-to-exceed amount of $1,180,000.00, said first amendment to provide additional veterinary staffing services for the Animal Services Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 6624 - providing for an additional first amendment expenditure amount not-to-exceed $150,000.00, with the total contract amount not-to-exceed $1 ,330,000.00). ASSIGNED ORDINANCE NO. 21-1S80 City of Denton City Council Minutes August 10, 2021 Page6 H. ID 21-1588 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 New Waste Concepts, Inc., for the purchase of a spray on cover material for the City of Denton Landfill, which is the sole provider of this commodity, 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; providing for the expenditure of funds therefor; and providing an effective date (File 7763 -awarded to New Waste Concepts, 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 $1,455,000.00). ASSIGNED ORDINANCE NO. 21-1588 I. ID 21-15 92 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 New Waste Concepts, Inc., for one (1) new CAPS F Series Hydro-Mulch Machine for the Solid Waste Landfill Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7745 -awarded to New Waste Concepts, Inc., in the not-to- exceed amount of$164,530.00). ASSIGNED ORDINANCE NO. 21-1592 ITEMS PULLED FOR INDIVIDUAL CONSIDERATION C. ID 21-1287 Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute and deliver to the University of North Texas an electric easement containing approximately 1,344 square feet (0.031 acres) and a temporary construction easement containing approximately 1,874 square feet (0.043 acres), each situated in the E. Puchalski Survey, Abstract No. 996, City and County of Denton, Texas and being a portion of South Welch Street and West Sycamore Street; providing for severability; and providing an effective date. ASSIGNED ORDINANCE NO. 21-1287 Pulled for Individual Consideration by Council Members Maguire and Council Member Armintor. There were no online registrations or call-ins on the item. Council Members Maguire and Armintor had a conflict of interest and left the Council Chambers. The item was not presented or discussed. Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Beck. Motion carried. A YES (5): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck, and Davis. NAYS (0): None ABSTAIN (2): Council Members Maguire and Armintor City of Denton City Council Minutes August I 0, 2021 Page 7 2. ITEM FOR INDIVIDUAL CONSIDERATION A. ID 21-1698 Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 21, 2021, City Council public meeting agenda to adopt a 2021 Tax Rate that will exceed the lower of the no-new-revenue tax rate or the voter- approval tax rate; calling a public hearing on a tax rate to be held on September 14, 2021, and calling a budget public hearing on the Fiscal Year 2021-2022 Annual Program of Services of the City of Denton to be held on September 14, 2021 ; requiring publication of notices of the public hearings and meetings in accordance with the law; requiring the posting of the notices of the public hearings on the City's Internet website; requiring the posting of the notices on the City's public access channel; and providing an effective date. ASSIGNED RESOLUTION NO. 21-1698 There were no online registrations or call-ins on the item. The item was presented and no discussion followed. Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Maguire. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck, Davis, Maguire and Armintor NAYS (0): None 3. CONCLUDING ITEMS Council Members expressed items of interest. With no further business, the meeting was adjourned at 9:44 p.m. ~/4/ GERARDHuf>SFETH MAYOR CITY OF DENTON, TEXAS ✓A ZOLAINA p ARKER ~ DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS MINUTES APPROVED oN: Au5 us+-2\...\ , Lo "L \ EXHIBIT A BOARDS & COMMISSIONS -NOMINATIONS LIST August 10, 2021 Aaenda item 1.B llD 21-1349) COUNCIL NOMINATING MEMBER STATUS& SOARD/COMMITTEE/COMMISSION PLACE CCM FIRST NAME PRESENT TERM NEW TERM QUALIFICATION OR PREFERENCE, IF ANY Animal Shelter Advisory Committee 7 Hudspeth-7 Sarah Kuechler 2019-2021-UN September 1, 2021 Reappointment through Currently Qualif. 2 -City Auaust 31, 2023 Official September 1, 2021 Committee on Persons with Disabilities ALL-2 Armintor•S Marcus Parks N/A through New August 31, 2023 September 1, 2021 PJanning and Zoning Commission 2 Beck-2 Eric Pruett 2019-2021-UN through Reappointment Auaust 31, 2023 September 1, 2021 Planning and Zoning Commission 7 Hudspeth-7 Tim Smith 2019-2021 Through Reappointment Auaust 31, 2023 Public Art Committee 6 Meltzer-6 Ed Steele September 1, 2021 2019-2021 through Reappointment Auaust 31, 2023 September 1, 2021 Zoning Board of Adjustment 6 Meltzer-6 Candi Hartis N/A through New August 31, 2023