September 21, 2021CITY OF DENTON CITY COUNCIL MINUTES
September 21, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, September 21, 2021, at 3:03 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON:
PRESENT VIRTUALLY:
ABSENT:
Mayor Gerard Hudspeth and Council Members Vicki Byrd, Brian
Beck, and Alison Maguire
Mayor Pro Tern Paul Meltzer and Council Members Jesse Davis
and Deb Armintor
None
Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine
Clifton.
The posted agenda noted the registration process for both in-person, call-in, and virtual
public participation at this meeting. While citizen commentary received via the online
registration process was not read, each member for the City Council received each online
commentary as it was submitted. Both in-person, call-in, and online comments received are
reflected in the exhibit to the minutes of this meeting.
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:
o Council Member Beck: Items 4.R (21-1872) and 4.AE (21-1953)
o Council Member Byrd: Items 4.Q (21-1919), 4.V (21-1878), and 4.AD (21-1662)
• The following item was pulled for Individual Consideration:
o Council Member Arrnintor: Item 4.AE (21-1953)
3. Work Session Reports
NOTE: The items are listed in the order presented/discussed.
City of Denton City Council Minutes
September 21, 2021
Page2
B. ID 21-1836 Receive a report, hold a discussion, and give staff direction regarding the FY21-
22 City Council Priorities and other items as discussed during the Annual City Council
Retreat.
The item was presented and discussion followed.
Following discussion, no changes were requested by City Council. Staff reported they would
look at creating guidelines with categories to better standardize how City Council Members
could communicate their priority for City Council requests made through the pitch process.
D. ID 21-1894 Receive a report, hold a discussion, and give staff direction regarding an update
to the City ofDenton's COVID-19 response.
The item related to Individual Consideration Item 5.A (21-1986) scheduled for later in the
day.
The item was presented and discussion followed.
Following discussion, there was no direction provided by City Council. Staff will continue
to provide updates during future work sessions.
A. ID 21-1835 Receive a report from the City of Denton's current Denton County
Transportation Authority Board of Directors appointee and hold a discussion.
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for
presentation/discussion purposes.
Council Member Davis arrived at 4:16 p.m.
C. ID 21-1750 Receive a report, hold a discussion, and give staff direction regarding the
proposed interactive fountain at the Rayzor Ranch property, 3230 Heritage Trail.
The item was presented and discussion followed.
Following discussion, City Council consensus was for Staff to review funding options to be
presented at a future work session.
E. ID 21-1273 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for:
1) A work session to discuss directing the Public Art Committee to explore commissioning
a statue of Abner Haynes, to be installed on City property.
City of Denton City Council Minutes
September 21, 2021
Page 3
• Item 21-1273 1) A work session to discuss directing the Public Art Committee to explore
commissioning a statue of Abner Haynes, to be installed on City property.
o Consensus for a future work session.
The work session ended at 5:58 p.m.
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, September 21 , 2021, at 8:10 p.m. in the
Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON:
PRESENT VIRTUALLY:
ABSENT:
Mayor Gerard Hudspeth and Council Members Vicki Byrd, Brian
Beck, and Alison Maguire
Mayor Pro Tern Paul Meltzer, and Council Members Jesse Davis
and Deb Armintor
None
Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine
Clifton.
The posted agenda noted the registration process for both in-person, call-in, and virtual
public participation at this meeting. While citizen commentary received via the online
registration process was not read, each member for the City Council received each online
commentary as it was submitted. Both in-person, call-in, and online comments received are
reflected in the exhibit to the minutes of this meeting.
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag and B. Texas Flag
2. PROCLAMATIONS/PRESENTATIONS
A. ID 21-1822 Proclamation: Fire Prevention Week
PRESENTED
B. ID 21-1644 Proclamation: Live United Month
PRESENTED
C. ID 21-1820 Proclamation: Constitution Week
PRESENTED
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September 21, 2021
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D. ID 21-1855 Proclamation: Tim Sanchez Remembrance Day
PRESENTED
E. ID 21-1978 Presentation: Recognition of service in Finance
NOT PRESENTED; RESCHEDULED FOR A FUTURE DATE
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
NOT PRESENTED DUE TO TECHNICAL DIFFICULTIES
B. Reports from members of the public
1) Receive Scheduled Citizen Reports from Members of the Public
a. Ms. Kim Cloud, 2221 Hwy 407, regarding the "Bedtime Rescue" program,
providing temporary housing to homeless families to the Denton community.
PRESENTED
b. Mr. Patrick Comiskey, 4200 Plumbago Dr., regarding agricultural use of property
and permitting of improvements at 6501 Shiloh Road and 6505 Shiloh Road.
PRESENTED
2) Additional Citizen Reports (Open Microphone)
Citizen comments received are noted in Exhibit A.
4. CONSENT AGENDA
The Consent Agenda consisted ofltems 4. A-AF. During the Work Session held earlier in the day,
Item 4.AE (21-1953) was pulled for Individual Consideration by Council Member Armintor.
Council Member Beck moved to adopt the Consent Agenda, now consisting ofltems 4.A-AD and
AF. Motion seconded by Council Member Maguire. 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 21-2063 Consider the approval of the minutes for September 13, 2021
APPROVED
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September 21, 2021
Page5
B. ID 21-1353 Consider nominations/appointments to the City's Boards, Commissions, and
Committees: Airport Advisory Board, Committee on Persons with Disabilities, Community
Services Advisory Committee, and Traffic Safety Commission.
APPROVED
Appointments listed on Exhibit B.
C. ID 21-1723 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and CASA of Denton County; authorizing the City
Manager to execute said agreement; providing for the expenditure of council contingency
funds in an amount not to exceed Six Hundred dollars ($600); and providing an effective
date.
ASSIGNED ORDINANCE NO. 21-1723
D. ID 21-1724 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Children's Advocacy Center for Denton County;
authorizing the City Manager to execute said agreement; providing for the expenditure of
council contingency funds in an amount not to exceed two hundred dollars ($250); and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-1724
E. ID 21-1728 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and the Denton African American Scholarship
Foundation, Incorporated for the Denton Black Film Festival; authorizing the City Manager
to execute said agreement; providing for the expenditure of council contingency funds in an
amount not to exceed One Hundred dollars ($100); and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1728
F. ID 21-1729 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and the Denton Black Chamber of Commerce;
authorizing the City Manager to execute said agreement; providing for the expenditure of
Council Contingency funds in an amount not to exceed Nine Hundred dollars ($900); and
providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1729
G. ID 21-1731 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Denton Community Food Center; authorizing the
City Manager to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed Five Hundred Sixty-Seven dollars ($567); and
providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1731
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September 21, 2021
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H. ID 21-1733 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 to execute said agreement; providing for the expenditure of
council contingency funds in an amount not to exceed one thousand sixty-six dollars
($1,066.00); and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1733
I. ID 21-173 5 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
to execute said agreement; providing for the expenditure of council contingency funds in an
amount not to exceed seven hundred dollars ($700.00); and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1735
J. ID 21-173 6 Consider adoption of an ordinance of the city of Denton authorizing a service
agreement between the City of Denton and Breakfast Kiwanis Club of Denton; authorizing
the City Manager to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed two hundred dollars ($200); and providing for
an effective date.
ASSIGNED ORDINANCE NO. 21-1736
K. ID 21-1737 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Boy Scout Troop 65 -1918 Foundation;
authorizing the City Manager to execute said agreement; providing for the expenditure of
council contingency funds in an amount not to exceed one thousand seven hundred dollars
($1,700); and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1737
L. ID 21-1740 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and New Generation Childcare Center; authorizing
the City Manager to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed one thousand dollars ($1,000); and providing
for an effective date.
ASSIGNED ORDINANCE NO. 21-1740
M. ID 21-17 41 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Solutions of North Texas; authorizing the City
Manager to execute said agreement; providing for the expenditure of council contingency
funds in an amount not to exceed eight hundred fifty dollars ($850); and providing for an
effective date.
ASSIGNED ORDINANCE NO. 21-1741
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September 21, 2021
Page7
N. ID 21-17 42 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and United Way of Denton County; authorizing the
City Manager to execute said agreement; providing for the expenditure of council
contingency funds in an amount not to exceed five hundred dollars ($500); and providing for
an effective date.
ASSIGNED ORDINANCE NO. 21-1742
0. ID 21-1743 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Project Hope; authorizing the City Manager to
execute said agreement; providing for the expenditure of council contingency funds in an
amount not to exceed two hundred dollars ($200); and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1743
P. ID 21-17 44 Consider adoption of an ordinance of the City of Denton authorizing a service
agreement between the City of Denton and Hallie's Heroes, Inc.; authorizing the City
Manager to execute said agreement; providing for the expenditure of council contingency
funds in an amount not to exceed five hundred sixty-seven dollars ($567); and providing for
an effective date.
ASSIGNED ORDINANCE NO. 21-1744
Q. ID 21-1919 Consider approval of a resolution of the City of Denton authorizing the
submission of an application to the Texas Parks and Wildlife Department (TPWD) Local
Parks Grant Program 2022 in the amount of $621,562 for the materials and construction of a
park site on the Villages of Carmel Property; and providing for an effective date.
ASSIGNED RESOLUTION NO. 21-1919
R. ID 21-1872 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with NTS
Mikedon dba National Trench Safety, LLC, for the rental of trench and confined space entry
safety equipment for the Water Distribution, Wastewater Collections, and Drainage
Departments; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7653 -awarded to NTS Mikedon dba National Trench Safety, 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 $350,000.00). The Public Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-1872
S. ID 21-1873 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Robert Wyatt
Contracting, LLC, for the demolition, removal, and cleanup of two (2) commercial buildings
located on the proposed Eagle Substation site for Denton Municipal Electric; providing for
the expenditure of funds therefor; and providing an effective date (IFB 7731 -awarded to
Robert Wyatt Contracting, LLC, in the not-to-exceed amount of $326,968.78). The Public
Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-1873
City of Denton City Council Minutes
September 21, 2021
Page 8
T. ID 21-1874 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Dallas Lite
and Barricade, Inc., for the rental of barricades to be used throughout the City by various
departments; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7741 -awarded to Dallas Lite and Barricade, 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 $1,050,000.00). The Public Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-1874
U. ID 21-1877 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with C&H Sales
and Services Company, Inc., to collect oil and SF6 gas samples from transformers and
breakers to be sent to a lab to be tested for Denton Municipal Electric, Proposal Pricing Lines
10-13; providing for the expenditure of funds therefor; and providing an effective date (RFP
7674 -awarded to C&H Sales and Services Company, 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 $483,000.00). The Public Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-1877
V. ID 21-1878 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with TransFluid
Services, Inc., to replace transformer bushing insulators, perform on-load tap changer (LTC)
maintenance, transformer testing, and replacement of breakers or transformers when needed
for the City of Denton, Proposal Pricing Lines 1-9 and 14-17; providing for the expenditure
of funds therefor; and providing an effective date (RFP 7674 -awarded to TransFluid
Services, 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 $750,000.00). The Public
Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-1878
W. ID 21-1879 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Open
Systems International, Inc., for the renewal of maintenance, support, and upgrade services of
OSI Monarch for Denton Municipal Electric, 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; providing for the
expenditure of funds therefor; and providing an effective date (File 7718 -awarded to Open
Systems International, Inc., in the five (5) year not-to-exceed amount of$1,500,000.00). The
Public Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-1879
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September 21, 2021
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X. ID 21-1917 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Stuart C. Irby
Company, for the Di-Electric Testing of Live-Line Tools and Grounding Equipment for
Denton Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (RFP 7715 -awarded to Stuart C. Irby Company, 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 $150,000.00). The Public Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-1917
Y. ID 21-1920 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Questica,
Inc., for the renewal extension of Budgeting Software for the Budget Department, 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; providing for the expenditure of funds therefor; and providing an
effective date (File 7778 -awarded to Questica, Inc., in the five (5) year not-to-exceed
amount of$325,000.00).
ASSIGNED ORDINANCE NO. 21-1920
Z. ID 21-1756 Consider adoption of an ordinance of the City of Denton granting Checkered
Flag Promotions a noise exception pursuant to Section 17-20 of the City of Denton Code of
Ordinances, with respect to sound levels for the No Limits Monster Truck Show, which will
be held on Saturday, October 16, 2021 from 1:00 p.m. to 3:00 p.rn., and 7:00 p.m. to 9:45
p.m., at the North Texas Fair Grounds; granting an increase in sound levels on said dates for
Saturday from 1 :00 p.m. to 3:00 p.m., and 7:00 p.m. to 9:45 p.m., with sound not to exceed
70 decibels; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1756
AA. ID 21-17 5 8 Consider adoption of an ordinance of the City of Denton granting The Village
Church Denton a noise exception pursuant to Section 17-20 of the City of Denton Code of
Ordinances for a celebration service, which will be held on Sunday, October 24, 2021, from
10:00 a.m. to 11 :00 a.m., at North Lakes Park in Denton, Texas; granting an increase in sound
levels and a variance in the hours of operation on said date from 10:00 a.m. to 11 :00 a.m.,
with sound not to exceed 75 decibels; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1758
AB. ID 21-1900 Consider approval of a resolution of the City of Denton adopting the Bowling
Green Park Master Plan and declaring an effective date.
ASSIGNED RESOLUTION NO. 21-1900
AC. ID 21-1905 Consider approval of a resolution of the City of Denton adopting the Villages of
Carmel Property Master Plan and declaring an effective date.
ASSIGNED RESOLUTION NO. 21-1905
City of Denton City Council Minutes
September 21, 2021
Page 10
AD. ID 21-1662 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager, or her designee, to execute an agreement between the City of Denton, Texas and
the Children's Advocacy Center for Denton County, providing for client and clinical services
to victims of child abuse and non-offending family members; and providing for the
expenditure of funds in the amount of $141,950; and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-1662
AF. EAR21-0002 Consider adoption of an ordinance of the City of Denton releasing, abandoning,
and vacating a 0.504 acre sanitary sewer easement granted to the City of Denton by Alex
Kaiser and Rachel Kaiser, recorded as Instrument No. 2016-21238 and corrected by
Instrument No. 2016-64812 both in the Real Property Records of Denton County, Texas;
providing for severability and an effective date. (Wright Addition, Sanitary Sewer Easement
abandonment -Mark Laird)
ASSIGNED ORDINANCE NO. EAR21-0002
ITEM PULLED FOR INDIVIDUAL CONSIDERATION
AE. ID 21-1953 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute a new Listing Agreement with Axis Realty Group of Denton, Inc. and
the Denton Chamber of Commerce for the sale of certain real property and improvements
comprised of a 0.449 acre tract located at 414 West Parkway Street, Denton, Texas; and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-1953
The item was pulled for Individual Consideration by Council Member Armintor.
The item was presented and discussion followed.
There were no online registrations or call-ins on the item.
Mayor Hudspeth moved to adopt the item as presented. Motion seconded by Council
Member Byrd.
Council Member Armintor offered a friendly amendment to not incorporate the
recommendation of dropping the listing price and wait until the City Council could meet to
discuss options. Mayor Hudspeth did not accept the friendly amendment.
Following further discussion, Mayor Hudspeth republished his original motion to adopt the
item as presented. Motion seconded by Council Member Byrd. Motion carried.
A YES (5): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
and Davis
NAYS (2): Council Members Maguire and Armintor
City of Denton City Council Minutes
September 21, 2021
Page 11
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-1825 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
related to the COVID-19 emergency as provided in Ordinance No. 21-1290 to December 31,
2021; superseding and replacing the Fourteenth Order of Council of the City of Denton
issued August 24, 2021 approved by Ordinance No. 21-1831; providing a repealer clause;
and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1825
There were no online registrations or call-ins on the item.
The item related to Work Session Item 3.B (21-1836) discussed earlier in the day.
The item was not presented or discussed.
Council Member Maguire moved to adopt the item as presented. Motion seconded by
Council Member Beck. Motion carried.
AYES (5): Mayor Pro Tern Meltzer and Council Members Byrd, Beck, Maguire, and
Armintor
NAYS (2): Mayor Hudspeth, and Council Members Davis
B. ID 21-1875 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Classic
Chevrolet, Inc., for the supply of light duty vehicles which include sedans, passenger vans,
pickup trucks, hybrid, and electric vehicles for various City of Denton departments;
providing for the expenditure of funds therefor; and providing an effective date (RFP 7661 -
awarded to Classic Chevrolet, 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 $6,000,000.00).
The Public Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-1875
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Council Member Byrd moved to adopt the item as presented. Motion
seconded by Council Member Maguire. Motion carried.
AYES (5): Mayor Hudspeth and Council Members Byrd, Beck, Davis, and Maguire
NAYS (2): Mayor Pro Tern Meltzer and Council Member Armintor
The meeting was recessed at 8:56 p.m. for a short break and reconvened at 9:08 p.m.
City of Denton City Council Minutes
September 21, 2021
Page 12
C. ID 21-1918 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Primoris
T&D Services, LLC., to perform normal and emergency operating, maintenance, and
construction work on the overhead electric distribution system for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7725 -awarded to Primoris T&D Services, LLC., in the five (5) year not-to-exceed
amount of $15,000,000.00). The Public Utilities Board recommends approval (6 -0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
D. HL21-0002a Consider approval of a resolution of the City of Denton, Texas approving an
application for a partial tax exemption of designated historic sites, in accordance with
Chapter 10, Article VI, Sections 10-126 through 10-129 of the Denton Municipal Code of
Ordinances, for a Local Historic Landmark, located at 1015 West Oak Street in the Oak-
Hickory Historic District (OHH), generally located on the south side of West Oak Street,
between Denton Street and North Welch Street; providing for severability; and providing an
effective date. (HL21-0002a, 1015 W Oak Street -Tax Exemption, Cameron Robertson)
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
E. ID 21-1955 Consider adoption of an ordinance adopting a schedule of fees for the use of the
Denton Police Department training facilities, firearms range, special events, off-duty police
officers, and motor vehicle escorts for hire; providing for severability; providing a repealer;
and establishing an effective date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
F. ID 21-1956 Consider adoption of an ordinance of the City of Denton adopting a schedule of
fees for cemeteries and use of certain park facilities; superseding all prior fees in conflict
with such schedule; providing for severability; and providing an effective date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
City of Denton City Council Minutes
September 21, 2021
Page 13
G. ID 21-1957 Consider adoption of an ordinance adopting a schedule of fees for the Denton
Fire Department; superseding all prior fees in conflict with such schedule; providing for
severability; providing a repealer; and establishing an effective date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
H. ID 21-1959 Consider adoption of an ordinance of the City of Denton amending the City's
fund balance policy related to the utility fund reserve levels; and providing an effective date.
The Public Utilities Board (PUB) recommends approval (7-0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
I. ID 21-1963 Consider adoption of an ordinance of the City of Denton, Texas, establishing the
rates for Water and Water service; providing for a repealer; providing for a severability
clause; and, providing an effective date. The Public Utilities Board (PUB) recommends
approval (7-0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
J. ID 21-1965 Consider adoption of an ordinance of the City of Denton, Texas, establishing the
schedule of rates for Wastewater service; providing for a repealer; providing for a
severability clause; and, providing for an effective date. The Public Utilities Board (PUB)
recommends approval (7-0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
K. ID 21-1967 Consider adoption of an ordinance of the City of Denton, Texas, establishing the
rates for Solid Waste and Recycling collection service; repealing Ordinance No. 20-1551 ;
providing for a repealer; providing for a severability clause; and, providing an effective date.
The Public Utilities Board (PUB) recommends approval (7-0).
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
City of Denton City Council Minutes
September 21, 2021
Page 14
L. ID 21-1992 Consider adoption of an ordinance of the City of Denton, Texas, amending the
Fiscal Year 2020-2021 Budget and Annual Program of Services of the City of Denton to
allow for adjustments to the Fleet Fund of Five Hundred Thousand Dollars ($500,000);
declaring a public purpose; providing a severability clause, an open meetings clause and an
effective date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
M. ID 21-1993 Consider adoption of an ordinance of the City of Denton, Texas, amending the
Fiscal Year 2020-2021 Budget and Annual Program of Services of the City of Denton to
allow for adjustments to the General Fund of Four Million Dollars ($4,000,000); declaring a
public purpose; providing a severability clause, an open meetings clause and an effective
date.
NOT CONSIDERED; POSTPONED TO SEPTEMBER 28, 2021
The item was not considered due to technical difficulties and postponed to September 28,
2021.
6. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-1986 Consider adoption of an ordinance of the City of Denton, Texas, adopting the
fiscal year 2021-2022 Annual Program of Services (Budget) and the Capital Improvement
Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2021 and
ending on September 30, 2022; and declaring an effective date.
ASSIGNED ORDINANCE NO. 21-1986
There were no online registrations or call ins on the item.
Due to technical difficulties Mayor Hudspeth requested City Council consensus as to
consideration of pending items. Staff advised as to the items requiring consideration and
action.
Council Member Armintor called a point of order stating Council Member Maguire needed
her questions answered in order to provide direction. Mayor Hudspeth addressed the point
of order; and with no motion or debate forthcoming, discussion continued.
The item was presented and discussion followed.
Mayor Hudspeth moved to adopt the item as presented. Motion failed for lack of second.
Mayor Hudspeth moved to table the item to allow time to allow time to properly present a
proposed motion. Motion failed for lack of second.
City of Denton City Council Minutes
September 21, 2021
Page 15
The meeting was recessed due to a temporary lack of a quorum at the dais at 9:22 p.m. and
reconvened at 9:30 p.m.
Mayor Hudspeth opened the floor for discussion on how to proceed with consideration of
items 5.C-M, 6.A-D, and 7.A-D. The consensus of the City Council was to move forward
with items 6.A-D and 7.B with the postponement of7.A, 7.C and 7.D.
Citizen comments are noted in Exhibit A.
Mayor Hudspeth moved to adopt the item as presented. Motion seconded by Council
Member Davis.
Discussion continued.
Council Member Davis offered a friendly amendment to adopt the proposed ordinance with
the Sustainability Framework Fund being listed at $300,000.00. Mayor Hudspeth accepted
the friendly amendment.
Mayor Hudspeth republished the motion to adopt the proposed ordinance as amended to
reflect the Sustainability Framework Fund being listed at $300,000.00, seconded by Council
Member Davis.
Discussion continued.
Mayor Pro Tern Meltzer moved to amend the current motion to provide that revenues
associated with the Core Scientific deal remain unallocated at this time and be revisited when
sustainability projects could be evaluated alongside other expenditures. Motion to amend
failed for lack of a second.
Mayor Hudspeth republished the motion to adopt the proposed ordinance as amended reflect
the Sustainability Framework Fund being listed at $300,000.00, seconded by Council
Member Davis. Motion failed.
A YES (2): Mayor Hudspeth and Council Member Davis
NAYS (4): Mayor Pro Tern Meltzer and Council Members Byrd, Beck, and Maguire
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
Council Member Maguire moved to approve the ordinance as presented. Motion seconded
Council Member Beck. Motion failed.
A YES (3): Council Members Byrd, Beck, and Maguire
NAYS (3): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Member Davis
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
City of Denton City Council Minutes
September 21, 2021
Page 16
Following further discussion, Interim City Attorney Clifton advised City Council should
convene in an Executive Session.
City Council convened into an Executive Session at 10:13 p.m. pursuant to Texas
Government Code Section 551.071 (Consultation with Attorney). The Executive Session
ended at 10:36 p.m. No votes or actions were taken during the Executive Session.
Mayor Hudspeth moved to reconsider the item to allow adoption of the budget as presented.
Council Member Davis called a point of order stating a member must be on the prevailing
side to move for reconsideration. Mayor Hudspeth accepted the point of order. Motion died
for lack of a second.
Mayor Hudspeth placed item 6.A (21-1986) on the table in order to address Public Hearing
Items 7.A-7.D. Refer to Pages 19-21 for details.
Following consideration of Public Hearing Items 7.A-7.D, Mayor Hudspeth removed the
item [6.A (21-1986)] from the table.
Council Member Maguire moved for reconsideration of the item to allow approval of the
item as presented. Council Member Davis called a point of order stating a member making a
motion to reconsider must be on the prevailing side; and Robert's Rules of Order states with
a tie vote the prevailing side is the nays. Mayor Hudspeth requested determination from
Interim City Attorney Clifton as to the point of order. Interim City Attorney Clifton agreed
with the point of order. Mayor Hudspeth approved the point of order. Council Member
Maguire withdrew her motion.
Discussion continued.
The meeting was recessed at 11: 15 p.m. for a short break and reconvened at 11 :26 p.m.
Council Member Davis moved to approve the item as presented with the amendment that the
Sustainability Framework Fund be list at $500,000. Motion seconded by Mayor Pro Tern
Meltzer.
Following further discussion, Council Member Beck moved a friendly amendment to
approve the proposed ordinance adopting the budget as presented, contingent upon a budget
reconsideration in March 2022 where the Sustainability Framework Fund is funded no less
than $1.2 million. Council Member Davis did not accept the friendly amendment.
Discussion continued.
Following further discussion, Council Member Beck moved to amend the motion with the
agreement to revisit and do a budget amendment of $700,000 for the Sustainability Fund in
March 2022. Motion seconded by Council Member Byrd.
City of Denton City Council Minutes
September 21, 2021
Page 17
Discussion continued.
Following further discussion, Council Member Beck moved to further amend the motion to
include a consideration of no less than $700,000.00 for the Sustainability Fund in a budget
amendment in March 2022. Motion seconded by Council Member Byrd. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
Mayor Hudspeth republished the original motion by Council Member Davis, seconded by
Mayor Tern Meltzer to approve the item as presented with the following amendments:
• Sustainability Framework Fund -$500,000.00 dollars;
• A budget amendment proposal to increase the Sustainability Framework Fund
by at least $700,000 will be brought to City Council for consideration in March
of 2022.
Motion carried.
A YES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
B. ID 21-1987 Consider adoption of an ordinance of the City of Denton, Texas, levying the ad
valorem property tax of the City of Denton, Texas, for the year 2021, on all taxable property
within the corporate limits of the City on January 1, 2021, and adopting a tax rate of
$0.573000 per $100 of valuation for 2021; providing revenues for payment of current
municipal maintenance and operation expenses and for payment of interest and principal on
outstanding City of Denton debt; providing for limited exemptions of certain homesteads;
providing for enforcement of collections; providing for a severability clause; and providing
an effective date.
AMENDED; ASSIGNED ORDINANCE NO. 21-1987
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Mayor Hudspeth moved to adopt the no-new-revenue rate of
$0.565823. Motion seconded by Council Member Davis.
City of Denton City Council Minutes
September 21, 2021
Page 18
Council Member Maguire called a point of order regarding a motion having been made via
the electronic vote casting system. Mayor Hudspeth addressed the point of order; and with
no motion or debate forthcoming, discussion continued.
Mayor Hudspeth republished his original motion, seconded by Council Member Davis to
adopt the no-new-revenue rate of $0.565823. Motion carried.
A YES (5): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
and Davis
NAYS (1): Council Member Maguire
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
C. ID 21-1989 Consider adoption of an ordinance of the City of Denton, Texas, approving the
2021 tax rolls; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1989
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
Council Member Maguire moved to adopt the item as presented. Motion seconded by
Council Member Beck. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
D. ID 21-1990 Consider adoption of an ordinance of the City of Denton, Texas, ratifying the
adoption of the fiscal year 2021-2022 Annual Program of Services (Budget) and the Capital
Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October
1, 2021, and ending on September 30, 2022 when the budget will raise more revenue from
property taxes than last year's budget; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1990
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
Following discussion, Council Member Maguire moved for the ratification of the adoption
of the fiscal year 2021-2022 Annual Program of Services (Budget) and the Capital
Improvement Program of the City of Denton, Texas. Motion seconded by Council Member
Beck. Motion carried.
City of Denton City Council Minutes
September 21, 2021
Page 19
A YES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAK.EN (1): Council Member Arrnintor
7. PUBLIC HEARINGS
NOTE: The items are listed in the order presented/discussed.
A. Z21-0005c 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 Mixed-
Use Neighborhood (MN) and Residential 4 (R4) Districts to Residential 6 (R6) District on
approximately 0.326 acres of land generally located southeast of the intersection of
Robertson Street and Skinner 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 thereof; providing a severability clause and an effective
date. The Planning and Zoning Commission voted [7-0] to approve as a Residential 6 (R6)
District. (Z21-0005c, 418 Robertson Fourplex, Cameron Robertson).
POSTPONED TO SEPTEMBER 28, 2021
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
Council Member Maguire moved to postpone the item to September 28, 2021. Motion
seconded by Mayor Hudspeth. Motion carried.
A YES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Arrnintor
C. S21-0001 b 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 multi-family dwelling use on
approximately 9.92 acres of land, generally located on the east side of Loop 288,
approximately 300 feet south ofE McKinney 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 thereof; providing for severability; and
establishing an effective date. THE PLANNING AND ZONING COMMISSION VOTED
[3-2] TO APPROVE THE REQUEST. (S21-000lb, Pebblebrook Parkside, Karina
Maldonado)
POSPONED TO OCTOBER 19, 2021
There were no online registrations or call-ins on the item.
City of Denton City Council Minutes
September 21, 2021
Page 20
The item was not presented or discussed.
The public hearing was opened; and based on City Council consensus that only items
requiring immediate attention due to the technical difficulties being experience be
considered, no public comment was sought.
Mayor Pro Tern Meltzer moved to postpone the item to October 19, 2021 with the public
hearing open. Motion seconded by Council Member Byrd. Motion carried.
A YES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
D. Z21-0013a 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
Residential Rural (RR) District to Residential 1 (Rl) District on approximately 1.372 acres
of land generally located on the south side of Miller Road, approximately 260 feet east of
Masch Branch Road, within 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. (Z21-0013a, Noguez Single-Family Rezoning, Mark Laird).
POSTPONED TO SEPTEMBER 28, 2021
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
The public hearing was opened; and based on City Council consensus that only items
requiring immediate attention due to the technical difficulties being experience be
considered, no public comment was sought.
Council Member Davis moved to postpone the item to September 28, 2021 with the public
hearing open by unanimous consent. There was no objection voiced by City Council.
Council Member Beck called a point of order as to needing a second to the motion made by
Council Member Davis. Mayor Hudspeth ruled a second to the motion was not required.
Interim City Attorney Clifton confirmed the ruling. There was no motion or debate to Mayor
Hudspeth's ruling.
B. PD21-0002d Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas regarding a request to rezone approximately 32.11 acres from Mixed Use
Regional (MR) District to a Planned Development (PD) District. The site is generally located
south of North Loop 288, southwest of Hwy 77 (North Elm Street), and west of North Bonnie
City of Denton City Council Minutes
September 21, 2021
Page 21
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 thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommended approval of the request (7-0). (PD21-0002d, Christopher
Todd Communities, Julie Wyatt)
ASSIGNED ORDINANCE NO. PD21-0002d
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
The public hearing was opened and citizen comments received are noted in Exhibit A.
With no other speakers on queue, the public hearing was closed.
Following discussion, Mayor Hudspeth moved to adopt the item as presented. Motion
seconded by Mayor Pro Tern Meltzer. Motion carried.
A YES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (0): None
ABSENT WHEN VOTE TAKEN (1): Council Member Armintor
City Council continued with Budget Items for Individual Consideration 6.A-6.D. Refer to
Pages 14-19 for details.
8. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 11 :57 p.m.
GERARD HUDSPETH
MAYOR
CITY OF DENTON, TEXAS
CATHY WELBORN
ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS
MINUTES APPROVED ON: Oc ... tOD€...C: ,\ L J 'l...0"'2.....-)
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September 21, 2021 City Council Regular Meeting -EXHIBIT A
Speaker Commentaries/Registrations
Online, Email, Phone
Name Last Address City Agenda Item Position Method Comments
Joshua Hatton 14 l 4 Aldren Drive Denton Open Mic NIA Telephone Thanked Ci1y Staff. Stated he is the orginzer of the "No Bus Cu!S Campaign" and are opposed to DCTA's
plan to cut bus routes in Denton and Lewisville after December 6, 2021. Requested Cily Council to remove
appointee Chris Watts from the OCTA Board of Directors.
Jennifer Lane Not Provided Denton 21-1986 NIA Telephone Stated her concerns regarding police officers having issues with COVID-19 protocols. Detailed an
encounter she had with an officer. Concerned about the conununily and the police force. Requested Cily
Council move funding into mental health services.
Matt {Applicant) Lucas 13455 Noel Road Dallas PD21-0002d Supports In Person Provided an overview of the project.
NOTE: Comments for those citizens addressing the City Council are an abbreviated summary, Information contained within this exhibit inchades only commentaty for Open Microphone, Consent, Individual Consideration and Public Hearing Items.
EXHIBITS
September 21, 2021
Agenda item 4.B (ID 21-1353)
BOARD/COMMlTTEEICOMMISSION COUNCIL NOMINATING MEMBER NEW TERM STATUS& PLACE CCM FIRST NAME QUALIFICATION OR PREFERENCE, IF Ar,/Y
UNEXPIRED
Airport Advisory Board 2 Beck·Z Robert Brashear September 1, 2021 New
Through
August 31, 2023
UNEXPIRED New Committee on Persons with Disabilities 1 Byrd-l Donna Cooper September 1, 2021 Qualif.: District 1 Resident Through
August 31 2023
UNEXPIRED
Community Servtces Advisory Committee ALL-4 Meltzer-6 Deborah Wright September 1, 2021 New Through
August 31, 2022
UNEXPIRED
Traffic:: Safety Commlssfon s Armintor-5 Kevin Sampfe September 1, 2021 New
Through
Auaust 31, 2023