October 12, 2021CITY OF DENTON CITY COUNCIL MINUTES
October 12, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, October 12, 2021, at 2:01 p.m. in the Council Chambers
at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON:
PRESENT VIRTUALLY:
ABSENT:
Mayor Gerard Hudspeth, Mayor Pro Tern Paul Meltzer and Council
Members Vicki Byrd, Brian Beck, Jesse Davis, and Alison Maguire
Council Member Deb Armintor
None
Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand.
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.
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 item:
o Council Member Beck: Item 1.1 (21-2133)
• The following items were pulled for Individual Consideration:
o Council Member Beck: Item l.E (21-2012)
o Council Member Maguire: Item l .L (21-2056)
o Council Member Davis: Item l.L (21-2056)
3. Work Session Reports
A. ID 21-1802 Receive a report, hold a discussion, and give staff direction regarding Audit
Project 006 -Roadway Quality Management: Follow-Up Review. [Estimated
Presentation/Discussion Time: 30 minutes]
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for
presentation/discussion purposes.
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October 12, 2021
Page2
B. ID 21-2212 Receive a report, hold a discussion, and give staff direction regarding the City
Manager recruitment process. [Estimated Presentation/Discussion Time: 30 minutes]
The item was presented and discussion followed.
Following discussion, City Council consensus was to continue with the search firm, Baker
Tilly, with a twelve month guarantee as the recruiting firm.
C. ID 21-1162 Receive a report, hold a discussion, and give staff direction regarding the
performance of the tree preservation and mitigation requirements in the Denton Development
Code. [Council Priority; Estimated Presentation/Discussion Time: 90 minutes]
The item was presented and discussion followed.
Following discussion, City Council consensus was to look at developing a prairie grassland
plan.
The work session was recessed for a short break at 3: 14 p.m. and reconvened at 3 :24 p.m.
Mayor Hudspeth announced the Special Called meeting would be held prior to the Closed meeting
to address the Consent Agenda and Items pulled for Individual Consideration to allow staff to
present their items.
D. ID 21-2134 Receive a report, hold a discussion, and give staff direction regarding an update
to the City of Denton's COVID-19 response. [Council Priority; Estimated
Presentation/Discussion Time: 30 minutes]
The item was presented and discussion followed.
Following discussion, City Council consensus was to consider potential extension of the
mask order through the end of November during the upcoming October 19, 2021 Council
meeting.
E. ID 21-1416 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for: [Estimated Presentation/Discussion Time: 30 minutes]
1) A work session to establish a Green Catalyst Fund.
2) Passing a resolution to engage State delegation to oppose the currently proposed
redistricting.
3) Passing a resolution thanking Chris Watts for his service on the DCT A Board and remove
him and John Ryan from their positions for cause.
• Item 21-1416 ( 1) A work session to establish a Green Catalyst Fund.
o No consensus for a work session.
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October 12, 2021
Page 3
• Item 21-1416 (2) Passing a resolution to engage State delegation to oppose the currently
proposed redistricting.
o Request withdrawn. Consensus reached on scheduling a resolution for
consideration at a future date dependent on redistricting action by the State.
• Item 21-1416 (3) Passing a resolution thanking Chris Watts for his service on the DCTA
Board and remove him and John Ryan from their positions for cause.
Following consultation with City Attorney Reinwand, the City Council convened into
an Executive Session at 4:08 p.m. under Texas Open Meeting Act 551.071 (Consultation
with Attorney) to deliberate the specifics of the information provided in the Legal Status
Report on Friday, October 8, 2021.
The executive session started at 4:15 p.m. and ended at 4:41 p.m. No votes or actions
were taken during the executive session.
Discussion continued.
o No consensus for a resolution.
The work session ended at 4:09 p.m.
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, October 12, 2021 , at 4:09 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON:
PRESENT VIRTUALLY:
ABSENT:
Mayor Gerard Hudspeth, Mayor Pro Tern Paul Meltzer and Council
Members Vicki Byrd, Brian Beck, Jesse Davis, and Alison Maguire
Council Member Deb Armintor
None
Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand.
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 ofltems l.A-M. During the Work Session held earlier in the day,
Item l.E (21-2012) was pulled for Individual Consideration by Council Member Beck and Item
l.L (21-2056) was pulled for Individual Consideration by Council Members Maguire and Davis.
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October 12, 2021
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Council Member Davis moved to adopt the Consent Agenda, now consisting of Items l.A-D, F-
K, and M. 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 21-1887 Consider the approval of the minutes for September 14 and September 21, 2021.
APPROVED
B. ID 21-2259 Consider nominations/appointments to the City's Boards, Commissions, and
Committees: Committee on Persons with Disabilities.
APPROVED
Appointments listed on Exhibit B.
C. ID 21-2139 Consider adoption of an ordinance of the City of Denton granting Arco National
Construction a special permit pursuant to Section 17-20 of the City of Denton Code of
Ordinances, with respect to sound levels and hours of operation for construction ofl-35 Cold
Storage located at 6651 North 1-35; granting a variance in the hours of operation; and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-2139
D. ID 21-214 5 Consider approval of a resolution of the City of Denton abolishing the Appointee
Performance Review Committee; and providing an effective date.
ASSIGNED RESOLUTION NO. 21-2145
F. ID 21-1833 Consider adoption of an ordinance of the City of Denton approving the Fiscal
Year 2021-22 Annual Internal Audit Plan; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1833
G. ID 21-2131 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of Change Order No. 2 to the contract
between the City of Denton and Archer Western Construction, LLC, to provide additional
construction services for the Hickory Creek Detention Facility project; providing for the
expenditure of funds therefor; and providing an effective date (RFP 7061 -Change Order
No. 2 in the not-to-exceed amount of $128,824.49, for a total contract award aggregated to
$14,587,635.62).
ASSIGNED ORDINANCE NO. 21-2131
H. ID 21-2132 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 Whirlix
Design, Inc., through the Buy Board Cooperative Purchasing Network, Contract# 592-19,
for shade structures, benches, and park site amenities for the Parks and Recreation
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October 12, 2021
Page 5
Department; providing for the expenditure of funds therefor; and providing an effective date
(File 7815 -awarded to Whirlix Design, Inc., for one (1) year, with the option for five (5)
additional one (1) year extensions, in the total six (6) year not-to-exceed amount of
$2,000,000.00).
ASSIGNED ORDINANCE NO. 21-2132
I. ID 21-2133 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, ratifying the expenditure of funds by the City Manager, through the
Buy Board Cooperative Purchasing Network, Contract #571-18, for the emergency purchase
of one (1) Pierce Custom Enforcer Pumper for the Fire Department; and providing an
effective date (File 7825 -awarded to Siddons-Martin Emergency Group, LLC, in the not-
to-exceed amount of$797,045.00).
ASSIGNED ORDINANCE NO. 21-2133
J. ID 21-2169 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 Airgas USA,
LLC, for bulk shipments of liquid oxygen and medical oxygen for the Water Production and
Fire Departments; providing for the expenditure of funds therefor; and providing an effective
date (IFB-BV 7806 -awarded to Airgas USA, LLC, for three (3) years, with the option for
two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of
$1,300,000.00).
ASSIGNED ORDINANCE NO. 21-2169
K. ID 21-1757 Consider adoption of an ordinance of the City of Denton approving an agreement
with the Denton Parks Foundation to allow the Denton Parks Foundation to raise funds and
support programming for the Parks and Recreation Department; authorizing the City
Manager or designee to execute the Denton Parks Foundation agreement and carry out the
duties of the City therein; authorizing the expenditure of funding; and providing an effective
date.
ASSIGNED ORDINANCE NO. 21-1757
M. ID 21-2089 Consider approval of a resolution of the City of Denton allowing Denton County
Brewing Company to sell alcoholic beverages at the 940 Disc Golf tournament, on Saturday,
October 16, 2021, at the North Lakes Disc Golf Course, upon satisfying certain conditions;
authorizing the City Manager, to execute an agreement in conformity with this resolution;
and providing for an effective date.
ASSIGNED RESOLUTION NO. 21-2089
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
E. ID 21-2012 Consider approval of a resolution nominating members to the Board of Directors
of the Denton County Appraisal District; and declaring an effective date.
ASSIGNED RESOLUTION NO. 21-2012
The item was pulled for Individual Consideration by Council Member Beck.
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October 12, 2021
Page 6
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Council Member Beck moved to adopt the item with an amendment
to nominate Howard Martin and Brian Webb to the Board of Directors of the Denton County
Appraisal District. Motion seconded by Mayor Pro Tern Meltzer. Motion carried.
A YES (7): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
L. ID 21-2056 Consider adoption of an ordinance of the City ofDenton authorizing the Interim
City Manager to execute an agreement between the City of Denton and Denton Independent
School District to offer adult education and literacy classes at City of Denton Recreation
Centers; authorizing the Interim City Manager, or her designee, to perform all obligations of
the City under the agreement, including the expenditure of funding therefor; and providing
an effective date.
ASSIGNED ORDINANCE NO. 21-2056
The item was pulled for Individual Consideration by Council Members Maguire and Davis.
Council Members Maguire and Davis had a conflict of interest and left the Council
Chambers.
There were no online registrations or call-ins on the item.
The item was not presented and no discussion followed.
Following discussion, Council Member Beck moved 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 Armintor
NAYS (0): None
ABSTAIN (2): Council Members Davis and Maguire
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 4:59 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A. ID 21-2269 Consultation with Attorneys under Texas Government Code Section 551.071
and Deliberations Involving Medical or Psychiatric Records of Individuals under Texas
Government Code Chapter 551.0785. Receive information from staff, discuss, and provide
staff with direction related to a police officer's plan benefits related to an injury in the line
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October 12, 2021
Page 7
of duty. Consultation with the City's attorney regarding legal issues associated with benefits
where a public discussions 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; to consider information in the
medical or psychiatric records related to a police officer's injury in the line of duty.
DELIBERATED
The Closed Meeting started at 5:23 p.m. and ended at 6:25 p.m. No votes or actions were taken
during the closed meeting.
The Special Called Meeting was reconvened at 6:36 p.m. to continue with the Items for Individual
Consideration and Public Hearing.
SPECIAL CALLED MEETING -CONTINUED
2. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-202 7 Consider adoption of an ordinance of the City of Denton to declare the intent to
reimburse capital program expenditures of the Electric Utility ($52,904,557), Solid Waste
($2,533,367), Water ($34,491,460), Wastewater ($44,212,652), and General Government
($66,750,452) with Tax-Preferred Obligations (Certificates of Obligation and General
Obligation Bonds) with an aggregate maximum principal amount not to exceed
$200,892,488; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-2027
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 Byrd. Motion carried.
A YES (7): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
B. ID 21-2035 Consider adoption of an ordinance of the City of Denton creating an Internal
Audit Advisory Committee to advise the City Council and City Auditor on audit activities
and governance; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-2035
The item was presented and discussion followed.
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October 12, 2021
Page 8
Following discussion, Mayor Pro Tern Meltzer moved to adopt the item with the following
amendments: [Underline added for emphasis to reflect changes.]
Membership on the Internal Audit Advisory Committee is limited to qualified
voters of the City of Denton. Preference in appointments shall be given to
individuals in such professional fields as auditing, accounting, finance, public
administration, and risk management including the teaching of such knowledge.
The City Auditor shall participate in the vetting process for nominees to ensure
they have appropriate skills and expertise.
The following shall disqualify a person from serving on the Internal Audit
Advisory Committee:
(1) Current service as a City of Denton employee or City Council Member;
(2) Separation from service as a City of Denton employee or City Council
Member within one (1) year of appointment; or
(3) Familial relations to a City of Denton employee or City Council
Member within the third (3rd) degree of affinity (marriage) or
consanguinity (blood or adoption).
Motion seconded by Council Member Byrd. Motion carried.
A YES (7): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
3. PUBLIC HEARING
A. DCA21-0004b Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Denton County, Texas, regarding a proposed Code amendment to the Denton
Development Code Subchapter 5 Use Regulations, Subchapter 7 Development Standards,
and Subchapter 9 Definitions; specifically, to introduce a new use, Data Center. (DCA21-
0004b, Data Center Use, Karina Maldonado) STAFF IS REQUESTING THIS ITEM BE
WITHDRAWN FROM THE AGENDA.
ITEM WITHDRAWN AT STAFF'S REQUEST
This item was withdrawn at Staffs request.
Mayor Hudspeth announced citizen commentary at this point of the meeting would be permitted.
There was no objection voiced by the City Council.
Citizen comments received are noted in Exhibit A.
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October 12, 2021
Page 9
4. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 7:20 p.m.
~~ -GERARD ~ ROSA RIOS
MAYOR CITY SECRET ARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
MINUTES APPROVED oN_O~Cti~o~b~e.,~,~~2=---0-L-,_'l__O_L~\ __
October 12, 2021 Cily Council Special Meeting· EXHIBIT A
Speaker Commentaries/Registrations
Online, Email, Phone
Name Last Address Cily Agenda Item Position Method Comments
Willie Hudspeth 623 Newton Street Denton NIA NIA ln Person Posed the following questions to City Council:
I. Why they voled to put the Duplex on the property. Is trying to understand the reason behind it.
2.Why they thought it was a good idea to put it there.Stated there is already an eyesore in his neighborhood.
(several actcually).
Stated that several citizens have attempted to put a mural in an effort to get property together. He is going to
start a movement to change the name of Loop 288 to Martin Luther King Jr. to better represent the efforts
by Dr. King Jr.
NOTE: Comments for those citizens addressing the City Council ere an abbreviated summary. Information contained within this exhibit includes only commentary for Open Microphone, Consent. Individual Consideration and Public Hearing Items.
EXHIBIT B
October 12, 2021
Aaenda item 1.B /ID 21-22591
BOARD/COMMITTEE/COMMISSION COUNCIL NOMINATING MEMBER NEW TERM STATUS&
PLACE CCM FIRST NAME QUALIFICATION OR PREFERENCE, IF -""Y
UNEXPIRED
Committee on Persons with Disabilities AUw2 Byrd•1 Dianne Landry September 1, 2021 New through
Auousl 31. 2023