January 11 2022 MinutesCITY OF DENTON CITY COUNCIL MINUTES
January 11, 2022
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, January 1 1, 2022, at 4:00 p.m. in the Council Chambersat City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT IN PERSON:Mayor Gerard Hudspeth and Council Members Vicki Byrd, Alison
Maguire, and Jesse Davis
PRESENT VIRTUALLY:Mayor Pro Tem Paul Meltzer and Council Members Brian Beckand Deb AIInintor
ABSENT: 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.
Mayor Hudspeth announced the Closed Meeting would be held at the end of the meeting, providingfor consideration of the Consent Agenda and Item for Individual Consideration to be
presented/considered beforehand.
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 Armintor: Items 1.D (22-061), 1.E (22-062), 1.F (22-063), 1.G (22-
064), and 1.H (22-065)
o Mayor Hudspeth: Item 1.K (22-078)
• The following item) was pulled for Individual Consideration:
o Council Member Maguire: Item 1.C (22-001 )o Council Member Davis: Item 1.C (22-001)
o Council Member Armintor: Item 1.C (22-001 )
City of Denton City Council MinutesJanuary 11, 2022Page 2
3. Work Session Reports
A. ID 22-081 Receive a report and hold a discussion on the Denton Police Department’s policy
on marihuana enforcement and the Denton Municipal Court’s policies related to drug
paraphernalia citation processing.
[Estimated Presentation/Discussion Time: 45 minutes]
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for
presentation/discussion purposes.
B. ID 21-2387 Receive a report, hold a discussion, and give staff direction on pending City
Council requests for:
(1) A work session to discuss amending the inclement weather policy.
[Estimated Presentation/Discussion Time: 30 minutes]
•ID 21-2387 (1) A work session to discuss amending the inclement weather policy.o Consensus for a future work session. Staff was directed to move what work sessions
items were necessary to provide for scheduling this work session at the February 1,2022 meeting date.
The work session ended at 5:34 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, January 11, 2022, at 5:55 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 ByTd, Alison
Maguire, and Jesse Davis
PRESENT VIRTUALLY:Mayor Pro Tem Paul Meltzer and Council Members Brian Beckand Deb Armintor
ABSENT: 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.
City of Denton City Council Minutes
January 11, 2022
Page 3
1. CONSENT AGENDA
The Consent Agenda consisted of Items 1. A-M. During the Work Session held earlier in the day,
Item 1.C (22-001) was pulled for Individual Consideration by Council Members Davis, Maguire,and Armintor.
Council Member Beck moved to adopt the Consent Agenda, now consisting of Items 1. A, B, and
D-M. Motion seconded by Council Member Maguire. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis,
Maguire, and ArmintorNAYS (0): None
A. ID 22-087 Consider approval of the minutes of December 14, 2021.APPROVED
B. ID 22-076 Consider appointment to the Tax Increment Reinvestment Zone Number Two
(Westpark TIRZ) Board of Directors.APPROVED
Appointments listed on Exhibit A.
D.ID 22-061 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 Custom
Landscapes, Inc. dba Classic Landscapes & Maintenance, for mowing and maintenance
services for DME, Water Reclamation, and Water Production Departments, Section F -
Public Works/Utilities; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7788 - awarded to Custom Landscapes, Inc. dba Classic Landscapes &
Maintenance, for one (1 ) year, with the option for four (4) additional one (1) year extensions,
in the total five (5) year not-to-exceed amount of $1,923,495.00).
ASSIGNED ORDINANCE NO. 22-061
E ID 22-062 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 BrightView
Landscape Services, Inc., for mowing and maintenance services for the Parks and Recreation
and Fire Departments, Section C - Southeast Public Buildings, Parks, Trails, and Medians;
providing for the expenditure offhnds therefor; and providing an effective date (RFP 7788 -
awarded to BrightView Landscape Services, Inc., for one (1) year, with the option for four
(4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of
$2,871 ,373.00).
ASSIGNED ORDINANCE NO. 22-062
City of Denton City Council Minutes
January 11, 2022Page 4
F.ID 22-063 Consider adoption of an ordinance of the City of Denton, a Texas home-rulemunicipal corporation, authorizing the City Manager to execute a contract with Watts
Ellison, LLC dba D&D Commercial Landscape Management, for mowing and maintenance
services for the Parks and Recreation, Fire, Community Improvement Services, and the
Denton Enterprise Airport Departments, Section D - Southwest Public Buildings, Parks,
Trails, and Medians and Section E - ROW and Rough Cut; providing for the expenditure of
funds therefor; and providing an effective date (RFP 7788 - awarded to Watts Ellison, LLC
dba D&D Commercial Landscape Management, for one (1) year, with the option for four (4)additional one (1) year extensions, in the total five (5) year not-to-exceed amount of
$4,292,759.00).ASSIGNED ORDINANCE NO. 22-063
G.ID 22-064 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 Freedom
Commercial Services, LLC, for mowing and maintenance services for the Parks and
Recreation and Drainage Departments, Section G - Drainage; providing for the expenditureof funds therefor; and providing an effective date (RFP 7788 - awarded to Freedom
Commercial Services, LLC, for one (1) year, with the option for four (4) additional one (1)
year extensions, in the total five (5) year not-to-exceed amount of $1,548,194.00).
ASSIGNED ORDINANCE NO. 22-064
H.ID 22-065 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 Natures
Greenery, Inc., for mowing and maintenance services for the Parks and Recreation and Fire
Departments, Section A - Northwest Public Buildings, Parks, Trails, and Medians, Section
B - Northeast Public Buildings, Parks, Trails, and Medians, and Section H - Landscape
Maintenance; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7788 - awarded to Natures Greenery, Inc., for one (1) year, with the option for four (4)additional one (1) year extensions, in the total five (5) year not-to-exceed amount of
$6,334,436.00).ASSIGNED ORDINANCE NO. 22-065
1.ID 22-066 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 Infra
Construction, LLC, for the replacement of the Service Center Complex fence for Facilities
Management; providing for the expenditure of funds therefor; and providing an effectivedate (RFP 7819 - awarded to Infra Construction, LLC, in the not-to-exceed amount of
$677,856.00).ASSIGNED ORDINANCE NO. 22-066
J. ID 22-077 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 Elite Tree Service, L.L.C., amending the contract approved by CityCouncil on November 6, 2018, in the not-to-exceed amount of $350,000.00; said first
City of Denton City Council MinutesJanuary 1 1, 2022
Page 5
amendment to continue to provide tree trimming and removal for City departments needing
such work; providing for the expenditure of funds therefor; and providing an effective date
(IFB 6870 - providing for an additional first amendment expenditure amount not-to-exceed
$87,500.00, with the total contract amount not-to-exceed $437,500.00).ASSIGNED ORDINANCE NO. 22-077
K.ID 22-078 Consider adoption of an ordinance of the City of Denton, a Texas home-rulemunicipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Parkhill, Smith & Cooper, Inc., for professional design services for Fire
Station No. 9 for the Facilities Management Department; providing for the expenditure of
funds therefor; and providing an effective date (RFQ 7818-002 - awarded to Parkhill, Smith
& Cooper, Inc., in the not-to-exceed amount of $1,011,665.00).ASSIGNED ORDINANCE NO. 22-078
L.ID 22-079 Consider adoption of an ordinance of the City of Denton, a Texas home-rulemunicipal corporation, authorizing the City Manager to execute a contract with BWI
Companies, Inc., through the Buy Board Cooperative Purchasing Network Contract # 611-
20, for the purchase of ryegrass seed, specialty landscape, turf, and grower supplies for the
Parks and Recreation, Drainage, and Streets Departments; providing for the expenditure of
funds therefor; and providing an effective date (File 7910 - awarded to BWI Companies,
Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in the
total three (3) year not-to-exceed amount of $200,000.00).ASSIGNED ORDINANCE NO. 22-079
M.ID 22-092 Consider adoption of an ordinance of the City of Denton, a Texas home-rulemunicipal corporation, authorizing the approval of a second amendment to a contract
between the City of Denton and Maintaining the Common Ground, LLC, amending thecontract approved by City Council on July 17, 2018, in the not-to-exceed amount of
$575,000.00; amended by Amendment 1 approved by Purchasing; said second amendment
to provide mowing and maintenance services for the Parks and Recreation Department;
providing for the expenditure of funds therefor; and providing an effective date (File 6627 -
providing for an additional second amendment expenditure amount not-to-exceed
$56,135.00, with the total contract amount not-to-exceed $680,135.00).
ASSIGNED ORDINANCE NO. 22-092
ITEM PULLED FOR INDIVIDUAL CONSIDERATION
C. ID 22-001 Consider adoption of an ordinance authorizing the City Manager to execute the
Amendment No. 2 to the "Memorandum of Understanding - The Environment" between the
City of Denton and the University of North Texas which provides for the extension of the
terms of said agreement until September 30, 2026; providing for the expenditure of funds
City of Denton City Council MinutesJanuary 11, 2022Page 6
therefor; and providing an effective date. (The Memorandum of Understanding establishes
conditions for conducting small, short term research projects between the City of Denton and
the University of North Texas.)ASSIGNED ORDINANCE NO. 22-001
The item was pulled for Individual Consideration by Council Members Davis, Maguire, andArmintor .
Council Members Davis, Maguire, and Armintor had a conflict of interest on the item. Per
City Attorney Reinwand, no members were required to leave the Council Chambers or be
removed from meeting video in order to maintain a quorum of the City Council present at
the meeting.
There were no online registrations or call-ins on the item.
The item was not presented and no discussion followed.
Council Member Beck moved to approve the item as presented. Motion seconded by Council
Member Byrd. Motion carried.
AYES (4): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, and BeckNAYS (0): None
ABSTAIN (3): Council Members Davis, Maguire, and Armintor
2.ITEM FOR INDIVIDUAL CONSIDERATION
A. ID 21-2733 Consider approval of a resolution of the City of Denton adopting the Americans
with Disabilities Act Transition Plan; and declaring an effective date.ASSIGNED RESOLUTION NO. 21-2733
There were no online registrations or call-ins on the item.
The item was presented and discussion followed. Matt Pool from Kimley-Horn and
Associates, Inc. also presented on the item.
Following discussion, Mayor Pro Tem Mehzer moved to approve the item as presented, with
the expectation that in May 2022, City Council would be able to review a more detailed work
plan. Motion seconded by Council Member Maguire. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,Davis, Maguire, and ArmintorNAYS (0): None
City of Denton City Council MinutesJanuary 11, 2022
Page 7
3. CONCLUDING ITEMS
Council Members expressed items of interest.
The special called meeting was adjourned at 6:41 p.m.
CLOSED MEETING
1.The City Council convened into a Closed Meeting at 6:41 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A.ID 22-086 Deliberations regarding Real Property - Under Texas Government Code Section
551.072. Receive information from staff, discuss, deliberate, and provide staff with direction
pertaining to the potential sale of City-owned real property situated in the Robert Beaumont
Survey, Abstract No. 31 and the William Neill Survey, Abstract No. 971, City of Denton,
Denton County, Texas, located at 414 West Parkway Street / 413 Congress, where a public
deliberation of such potential sale would have a detrimental effect on the City’s position in
negotiations with a third party.DELIBERATED
B.ID 22-154 Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consultation, discussion, deliberation, and receipt of information from the City’s attorneys
involving legal issues relating to a disaster declaration and related order pertaining to theCOVID-19 emergency, and to provide the City’s attorneys with direction, where a public
discussion of these legal matters would clearly conflict with the duty of the City’s attorneys
to the City of Denton and the Denton City Council under the Texas Disciplinary Rules ofProfessional Conduct of the State Bar of Texas.
DELIBERATED
C.ID 22-157 Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consultation, discussion, deliberation, and receipt of information from the City’s attorneys
to review and discuss litigation styled Tarver v. City of Denton et al, Cause No. 4:21-CV-00970-SDJ, pending in the Eastern District of Texas, Sherman Division, where the City’sAttorneys’ duties to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflict with Chapter 551 of the Texas
Open Meetings Act.DELIBERATED
Note Council Member Armintor left the closed meeting prior to deliberation of this item.
The closed meeting started at 6:48 p.m. and ended at 7:43 p.m. No votes or actions were taken
during the closed meeting.
City of Denton City Council MinutesJanuary 11, 2022
Page 8
With no further business, the meeting was adjourned at 7:43 p.m.
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MINUTES APPROVED ON
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CITY OF DENTON, TEXAS
CITY SECRETARY
CITY OF DENTON, TEXAS
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January 11
Agenda Item 1.B (ID 22-07
STATUS &
QUALIFICATION OR PREFERENCE, IF ANY
October 1, 2021 through September 30. 2023