November 16, 2021CITY OF DENTON CITY COUNCIL MINUTES
November 16, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, November 16, 2021, at 2:00 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON:
ABSENT:
Mayor Gerard Hudspeth, Mayor Pro Tern Paul Meltzer and Council
Members Brian Beck, Jesse Davis, Alison Maguire, and Deb
Armintor
Council Member Byrd
Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand.
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 None
• The following item was pulled for Individual Consideration:
o None
3. Work Session Reports
A. ID 21-1980 Receive a report, hold a discussion, and give staff direction regarding the
drawing of council districts.
[Estimated Presentation/Discussion Time: 120 minutes]
The item was presented and discussion followed. Bob Heath with Bickerstaff Heath Delgado
Acosta, LLC, led the presentation.
Following discussion, City Council consensus was to have staf£'consultant bring back a map
to start drawing at a future meeting.
City of Denton City Council Minutes
November 16, 2021
Page2
B. ID 21-2284 Receive a report, hold a discussion, and give staff direction regarding
board/commission processes:
• lnclusivity (voter registration, residency)
• Special Qualifications
[Estimated Presentation/Discussion Time: 60 minutes]
The item was presented and discussion followed.
Following discussion, City Council consensus was reached on the following items, with Staff
to provide an update to City Council.
• Animal Shelter Advisory Committee -Remove "Three people who are not involved
by occupation or membership in any of the above categories" as those are not
mandated by State law."
• Board of Ethics -Remove "Preference" qualifications [Note: Attorney is also noted
as a current Preference.]
• Committee on Persons with Disabilities -Remove residency requirement for
nominees (Districts 1-4)
• Historic Landmark Commission -Remove the "Certified Public Accountant" special
qualification requirement.
The work session ended at 4:08 p.m.
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 4:08 p.m. consistent with Chapter 551 of
the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A. ID 21-2471 Deliberations Regarding Certain Public Power Utilities Competitive Matters -
Under Texas Government Code Section 551.086; Consultation with Attorneys -Under Texas
Government Code Section 551.071. Receive a report from staff related to a possible
amendment to the Power Purchase Agreement (PP A) between the City of Denton and
Samson Solar Energy, LLC; discuss and deliberate actions regarding the same. Consultation
with the City's attorneys regarding legal issues associated with the above matters where a
public discussion of these legal matters would conflict with the duty of the City's attorneys
to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position
in any administrative proceeding or potential litigation.
NOT DELIBERATED
The item related to Consent Agenda Item 4.J (21-2472) scheduled for consideration later in
the day.
City of Denton City Council Minutes
November 16, 2021
Page 3
B. ID 21-2422 Deliberations regarding Personnel Matters -Under Texas Government Code
Section 551.074. Deliberate and discuss the employment, evaluation, duties, discipline, or
dismissal of the Interim City Manager.
DELIBERATED
The closed meeting started at 4:23 p.m. and ended at 5:52 p.m. No votes or actions were taken
during the closed meeting.
REGULAR MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Regular Meeting on Tuesday, November 16, 2021, at 6:30 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT:
ABSENT:
Mayor Gerard Hudspeth, Mayor Pro Tern Paul Meltzer and Council
Members Brian Beck, Jesse Davis, Alison Maguire, and Deb
Armintor
Council Member Byrd
Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand.
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 21-2465 Proclamation: Denton 360°
PRESENTED
3. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Review of procedures for addressing the City Council.
City of Denton City Council Minutes
November 16, 2021
Page4
B. Reports from members of the public
1) Receive Scheduled Citizen Reports from Members of the Public
A. Mr. Stephen Dillenburg, 1001 Abbots Lane, regarding general public welfare
concerns.
PRESENTED
2) Additional Citizen Reports (Open Microphone)
None
4. CONSENT AGENDA
The Consent Agenda consisted of Items 4.A-S. During the Work Session held earlier in the day,
no items were pulled for Individual Consideration.
Council Member Maguire moved to adopt the Consent Agenda as presented. Motion seconded by
Council Member Davis. Motion carried.
A YES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Beck, Davis,
Maguire, and Armintor
NAYS (0): None
ABSENT (1): Council Member Byrd
A. ID 21-2376 Consider approval of the minutes of November 2, 2021.
APPROVED
B. ID 21-2373 Consider nominations/appointments to the City's Boards, Commissions, and
Committees: Zoning Board of Adjustment.
APPROVED
Appointment listed on Exhibit B.
C. ID 21-2506 Consider approval of a resolution of the City of Denton, concurring with the City
Manager's reorganization of the City's administrative departments and divisions; authorizing
the expenditure of funds in connection with the reorganization; and providing an effective
date.
ASSIGNED RESOLUTION NO. 21-2506
City of Denton City Council Minutes
November 16, 2021
Page 5
D. ID 21-1923 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute a funding agreement between the City and The Salvation Army, a
Georgia Corporation to provide Community Development Block Grant and Community
Development Block Grant-Coronavirus funds for The Salvation Army KARE Kitchen and
Food Pantry Program in Denton, Texas; authorizing the expenditure of funds in an amount
not to exceed $35,000.00; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1923
E. ID 21-1938 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute a Memorandum of Understanding by and between the United Way of
Denton County, Inc. and the City of Denton and providing for the expenditure of funds for
Homelessness Initiatives in the amount of $80,000 for partial funding for staffing of the
program in furtherance of the coordinated system of homelessness assistance programs;
authorizing the expenditure of funds therefor; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1938
F. ID 21-1939 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute a Memorandum of Understanding by and between the City of Denton
and United Way of Denton County, Inc. providing for the expenditure of funds in the amount
of $40,000 for a grant to fund the Barriers Fund for the prevention and diversion of
homelessness in furtherance of the coordinated system of homeless assistance programs;
authorizing the expenditure of funds therefor; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1939
G. ID 21-1940 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute a Memorandum of Understanding by and between the City of Denton
and United Way ofDenton County, Inc. providing for the expenditure of funds in the amount
of $18,850 for a grant to fund Homeless Management Information System (HMIS) Licenses
in furtherance of the coordinated system of homeless assistance programs; authorizing the
expenditure of funds therefor; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-1940
H. ID 21-2500 Consider adoption of an ordinance of the City of Denton approving a grant
application from 3 Wishes Market LLC located at 108 W. Oak St., Ste. 101, from the
Downtown Reinvestment Grant Program not to exceed $1 ,205.00; and providing for an
effective date. The Downtown Denton Tax Increment Reinvestment Zone No.l Board
recommends approval (6-0).
ASSIGNED ORDINANCE NO. 21-2500
City of Denton City Council Minutes
November 16, 2021
Page 6
I. ID 21-2442 Consider approval of a resolution declaring that the purposes of the
Decommissioning Reserve Account under the Joint Operating Agreement between the Texas
Municipal Power Agency and the cities of Bryan, Denton, Garland, and Greenville have been
accomplished and approving a reduction of the required account balance of the
Decommissioning Reserve Account; and providing an effective date.
ASSIGNED RESOLUTION NO. 21-2442
J. ID 21-2472 Consider adoption of an ordinance of the City Council of the City of Denton
("Denton") providing for, authorizing, and approving the execution by the city manager of a
first amendment to the Power Purchase Agreement ("PP A") between Denton and Delilah
Solar Energy LLC, a Delaware limited liability company ("Delilah"), the successor in interest
to Samson Solar Energy LLC; approving the execution of such other and further related
documents deemed necessary to effectuate the transactions contemplated under the first
amendment to the PP A by the city manager which are incident to or related to the frrst
amendment to the PPA; finding that Texas local government code §552.022(a)(l5) applies
to such amendment to the PP A and excepts the procurement of electricity from the
requirements of competitive bidding; finding that the purchase of capacity and energy made
by Denton under the terms of the first amendment to the PP A are in the public welfare;
authorizing the expenditure of funds; determining that specific information contained in
documents involved in this transaction pertain to a "competitive electric matter" as set forth
under the provisions of §§551.086 and 553.133 of the Texas government code; allowing the
public to inspect and reproduce the PP A as redacted; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-2472
The item related to Closed Meeting Item l.A (21-2471) but was not deliberated earlier in the
day.
K. ID 21-2445 Consider approval of a resolution revising Administrative Policy No. 403 .07
"Debt Service Management" and providing for an effective date.
ASSIGNED RESOLUTION NO. 21-2445
L. ID 21-2393 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of Change Order No. 1 to the contract
between the City of Denton and Jagoe-Public Company for the Hickory Creek Road
Widening Project; providing for the expenditure of funds therefor; and providing an effective
date (File 6903 -Change Order No. 1 in the not-to-exceed amount of$167,960.50, for a total
contract award aggregated to $5,488,830.50). The Public Utilities Board recommends
approval (5 -0).
ASSIGNED ORDINANCE NO. 21-2393
M. ID 21-2394 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 Kimley-Hom and Associates, Inc.,
amending the contract approved by City Council on January 14, 2020, in the not-to-exceed
City of Denton City Council Minutes
November 16, 2021
Page 7
amount of $1,398,600.00; amended by Amendment 1 approved by the City Council; said
second amendment to provide additional design engineer services and hydraulic analysis in
support of the Northwest Booster Pump Station and Water Transmission Main project;
providing for the expenditure of funds therefor; and providing an effective date (File 6590-
081 -providing for an additional second amendment expenditure amount not-to-exceed
$248,500.00, with the total contract amount not-to-exceed $1,773,400.00). The Public
Utilities Board recommends approval ( 6 -0).
ASSIGNED ORDINANCE NO. 21-2394
N. ID 21-2395 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Service
Agreement with Kimley-Hom and Associates Inc., to provide regulatory permitting/approval
support, process evaluation, design services, bidding assistance, construction administration,
and commissioning/startup support for the Granada Lift Station Replacement Project for the
Water Utilities Division; providing for the expenditure of funds therefor; and providing an
effective date (RFQ 7574-008 -awarded to Kimley-Hom and Associates Inc., in the not-to-
exceed amount of $159,300.00). The Public Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-2395
0. ID 21-2434 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 Industrial
Power Truck & Equipment, through the TIPS Cooperative Purchasing Network Contract #
200802, for the purchase of one (1) Isuzu/New Way rear load refuse truck for the Solid Waste
Department; providing for the expenditure of funds therefor; and providing an effective date
(File 7834 -awarded to Industrial Power Truck & Equipment, in the not-to-exceed amount
of $154,797.49). The Public Utilities Board recommends approval ( 6 -0).
ASSIGNED ORDINANCE NO. 21-2434
P. ID 21-2435 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, for approval of a pre-qualified professional services list of State
Certified firms to provide architectural, engineering, and other services as customarily
provided for municipal, vertical construction projects for the Facilities Management
Department; and providing an effective date (RFQ 7818 -for a three (3) year term).
ASSIGNED ORDINANCE NO. 21-2435
Q. ID 21-2440 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a third amendment to a Professional
Services Agreement between the City of Denton and Freese and Nichols, Inc., amending the
contract approved by City Council on June 21 , 2016, in the not-to-exceed amount of
$654,135.00; amended by Amendments 1-2 approved by the City Council and Purchasing;
City of Denton City Council Minutes
November 16, 2021
Page 8
said third amendment for phase 3 archeological recovery tasks and to provide additional
design, archeological, environmental services, and railroad coordination for the Hickory
Creek Interceptor Phases I and II Project; providing for the expenditure of funds therefor;
and providing an effective date (File 6137 -providing for an additional third amendment
expenditure amount not-to-exceed $306,994.00, with the total contract amount not-to-exceed
$1,316,974.43). The Public Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-2440
R. ID 21-2444 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of the first amendment to a contract
extension between the City of Denton and Bean Electrical, Inc., through November 27, 2022,
to provide additional traffic signal maintenance services for the Traffic Department; and
declaring an effective date (IFB 6897 -extending a contract with Bean Electrical, Inc., to
November 27, 2022).
ASSIGNED ORDINANCE NO. 21-2444
S. ID 21-2502 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 vendors for
the purchase of water and wastewater chemicals for the Water Production and Reclamation
Department; providing for the expenditure of funds therefor; and providing an effective date
(IFB-BV 7743 -awarded to Chameleon Industries, Inc., Tanner Industries, Inc., DPC
Industries Company, Brenntag Southwest, Inc., DPC Industries, Inc., Polydyne, Inc., Petra
Chemical Company LLC, PVS Technologies, Inc., Chemtrade Chemicals US LLC, and
Pencco, 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 $13,242,875.00).
ASSIGNED ORDINANCE NO. 21-2502
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-2432 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, confirming the effective period of the declared state oflocal disaster
related to the COVID-19 emergency as provided in Ordinance No. 21-1825 to December 31 ,
2021; superseding and replacing the Sixteenth Order of Council of the City of Denton issued
October 19, 2021 approved by Ordinance No. 21-2342; providing a repealer clause, and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-2432
The summary of public commentary/registrations are noted in Exhibit A.
The item was presented and discussion followed.
Citizen comments received are noted in Exhibit A.
City of Denton City Council Minutes
November 16, 2021
Page9
Following discussion, Council Member Maguire moved to adopt the item as presented.
Motion seconded by Council Member Meltzer. Motion carried.
A YES (4): Mayor Pro Tern Meltzer and Council Members Beck, Maguire, and Armintor
NAYS (2): Mayor Hudspeth and Council Member Davis
ABSENT (1): Council Member Byrd
B. ID 21-23 92 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 Southern
Ionics, Inc., for the supply of emissions reagent for the Denton Energy Center; providing for
the expenditure of funds therefor; and providing an effective date (IFB 7548 -awarded to
Southern Ionics, 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 $2,793,000.00). The Public
Utilities Board recommends approval (6 -0).
ASSIGNED ORDINANCE NO. 21-2392
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 as presented. Motion
seconded by Council Member Maguire. Motion carried.
A YES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Beck, Davis,
Maguire, and Armintor
NAYS (0): None
ABSENT (1): Council Member Byrd
C. ID 21-2553 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute the CMAR Guaranteed
Maximwn Price Amendment to the Construction Manager At Risk Contract with Balfour
Beatty Construction, LLC, for the renovation of the Loop 288 Project; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 7671 -CMAR
Guaranteed Maximum Price Amendment awarded to Balfour Beatty Construction, LLC, in
the amount of $9,779,701.00, with a total not-to-exceed amount $9,784,701.00).
ASSIGNED ORDINANCE NO. 21-2553
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
City of Denton City Council Minutes
November 16, 2021
Page 10
Following discussion, Council Member Davis moved to adopt the item as presented. Motion
seconded by Council Member Maguire. Motion carried.
A YES (6): Mayor Hudspeth, Mayor Pro Tern Meltzer and Council Members Beck, Davis,
Maguire, and Armintor
NAYS (0): None
ABSENT (1): Council Member Byrd
6. CONCLUDING ITEMS
Council Members expressed items of interest.
With no further business, the meeting was adjourned at 7:28 p.m.
MAYOR
CITY OF DENTON, TEXAS
ROSA RIOS, CITY SECRETARY
FOR ZOLAINA PARKER
DEPUTY CITY SECRET ARY
CITY OF DENTON, TEXAS
MINUTES APPROVED ON: 1)~e_c.,.-=--e..ro:cL.L..L'o~ec.--.c-_~1-+-1 _L.=0~2.=------t'-------
November 16, 2021 City Council Regular Meeting -EXHIBIT A
Speaker Commentaries/Registrations
Online, Email, Phone
Name Last Address City Agenda Item Position Method Comments
Eva Grecco 802 W Oak Street Apt. 5 Denton 21-2432 Opposed In Person Inquired as to the accuracy of the numbers; now up to 17 Orders; why are we sitting here meeting after
meeting? Doesn't make sense since there ace no consequence's to not enforcing; was told there is none as it
cannot be enforced; the 16th Order speaks of a fine but how can that be when the Governor says you can't
do; it is not being enforced anywhere; statistics are not accurate; we can do better.
NOTE: Comments for those citizens addressing the City Council are an abbreviated summary, Information contained within this exhibit includes only commentary for Open Microphone, Consent, Individual Consideration and Public
EXHIBITB
November 16, 2021
Agenda item 4.B no 21·2373)
BOARD/COMMITTEE/COMMISSION COUNCIL NOMINATING MEMBER NEWTERM STATUS &
PLACE CCM FIRST NAME QUALIFICATION OR PREFERENCE, IF AW
UNEXPIRED
Zoninf Board of Adjustment 3 Davis-3 Anne Smith Septsmber 1, 2021 N"" Thn>tJgh
August 31 2023