A. ID 15-017 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the T. Toby Survey, Abstract No. 1285, City of Denton, Denton County, Texas, and generally located north of Airport Road and east of Masch Branch Road. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above 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. (Denton Enterprise Airport: Cook-McDuff tract - 10.154 acres [ID 15-015] & Cook-Walters tract - 5.89 acres [ ID 15-016])
AIS
B. ID 15-023 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests in the in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas, generally located in the 200 block of Collins St.. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and 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 proceedings or potential litigation. (South Locust DME Substation Expansion) [File ID 15-020]
AIS
C. ID 15-039 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding potential litigation and legal issues and strategies associated with the City's sign code and sign regulations, where a public discussion of such matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. [File ID 15-038]
AIS
D. ID 15-004 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086.
Receive a presentation from Denton Municipal Electric ("DME") staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide staff with direction.
AIS
E. ID 15-028 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed extension to, moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
A. ID 15-002 Consider approval of a resolution of the City of Denton, Texas authorizing the City Manager, or his designee, to expend Two hundred thirty-five thousand two hundred seventeen dollars and fifty cents ($235,217.50) of Airport funds to supplement a grant supported improvement to the Denton Enterprise Airport terminal; and providing an effective date. The Council Airport Committee recommends approval (3-0).
AIS
Exhibit 1 - R2013-016
Exhibit 2 - Improvements
Exhibit 3 - Resolution
B. ID 15-003 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for mowers and tractors for the City of Denton; and providing an effective date (RFP 5699-awarded to Ag-Power Inc. in the three (3) year not-to-exceed amount of $1,211,622).
AIS
Exhibit 1 Evaluation and Ranking sheet
Exhibit 2 Ordinance
Exhibit 3 Contract
C. ID 15-007 Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a First Amendment to a contract with Ultimate CNG, LLC. for the purchase of temporary mobile compressed natural gas (CNG); providing for the expenditure of funds therefor; and providing an effective date (File 5424-providing for an additional expenditure amount of $450,000 with the total contract amount not-to-exceed $595,000).
AIS
Exhibit 1 Original Agreement
Exhibit 2 Ordinance
Exhibit 3 First Amendment
D. ID 15-011 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for engineering and consulting services for the development and implementation of a computer model to optimize chemical usage for phosphorous removal, energy efficiency, methane generation, and optimization of the processes during dry and wet weather at the Pecan Creek Water Reclamation Plant; providing for the expenditure of funds therefor; and providing an effective date (File 5718-awarded to Hazen and Sawyer, P.C. in the not-to-exceed amount of $136,017). The Public Utilities Board recommends approval (7-0).
AIS
Exhibit 1 PUB Minutes
Exhibit 2 Ordinance
Exhibit 3 Agreement
E. ID 15-012 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas Smart Buy Program for the purchase of ammunition for the City of Denton Police Department as awarded by the State of Texas Contract 680-A1; and providing an effective date (File 5721-awarded to Precision Delta Corporation, Inc. in the three (3) year not-to-exceed amount of $120,000).
AIS
Exhibit 1 Contract Details
Exhibit 2 Ordinance
F. ID 15-015 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Written Notice of Termination thereby terminating the Contract of Sale between the City of Denton, Texas ("City") and Dorothy Nell Cook N/K/A Dorothy Nell McDuff ("Seller") for the sale and purchase of a 10.154 acre tract situated in the T. Toby survey, Abstract No. 1285, located in the City of Denton, Denton County, Texas; and providing for an effective date. (Denton Enterprise Airport: Cook-McDuff tract - 10.154 acres)
AIS
Exhibit 1 LocationMap
Exhibit 2 Cook-McDuff Ordinance
G. ID 15-016 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Written Notice of Termination thereby terminating the Contract of Sale between the City of Denton, Texas ("City") and Everett F. Cook and Joy L. Walters ("Seller") for the sale and purchase of a 5.89 acre tract situated in the T. Toby survey, Abstract No. 1285, located in the City of Denton, Denton County, Texas; and providing for an effective date. (Denton Enterprise Airport: Cook-Walters tract - 5.89 acres)
AIS
Exhibit 1 - Location Map
Exhibit 2 - Cook-Walters Ordinance
H. ID 15-019 Consider approval of the minutes of November 3, November 4, November 11, and November 18, 2014.
AIS
Exhibit 1 November 3, 2014 Minutes
Exhibit 2 November 4, 2014 Minutes
Exhibit 3 November 11, 2014 MInutes
Exhibit 4 November 18, 2014 Minutes
I. Z13-0013B Consider adoption of an ordinance, amending approved Ordinance No. 2014-193, relating to approximately 99 acres within the southern tract of the Rayzor Ranch Overlay District, located at the southeast corner of U.S. Highway 380 and Interstate Highway 35, and described as Lot 1, Block 5 Rayzor Ranch South Conveyance Plat (document number 2010-119), which exempted from Denton Development Code, Section 35.18.2.A.1 relative to approval of a final plat and construction plans, subject to certain prescribed restrictions, prior to release of a clearing and grading permit, accepting applicant's withdrawal of the request to create a new RR-2A subdistrict and extending the applicability of existing stormwater quality standards for the district
AIS
Exhibit 1 - Staff's Analysis
Exhibit 2 - Site Location-Aerial Map
Exhibit 3 - Zoning Map
Exhibit 4 - Future Land Use Map
Exhibit 5 - Notice of Public Hearing
Exhibit 6 - Ordinance 2010-158
Exhibit 7 - RR Grading Permit Checklist
Exhibit 8 - P and Z Minutes of 5-21-14
Exhibit 9 - Proposed Ordinance
J. ID 15-037 Consider a request for an exception to the Noise Ordinance from Jagoe-Public to reconstruct U.S. 380 from Bonnie Brae to Hinkle. If approved, work will take place from January 7, 2015, through January 30, 2015, 7:00 p.m. to 6:00 a.m. Texas Department of Transportation regulations allow for work to be completed from Sunday through Friday. As such, related work would begin Sunday evening and end Friday morning and will consist of milling the existing roadway, loading millings onto trucks, and hauling them away.
AIS
Exhibit 1 Letter of Request
Exhibit 2 Map
K. ID 15-038 Consider adoption of an ordinance of the City of Denton, Texas repealing §§33.10.6 and 33.18.8 of the Code of Ordinances of the City of Denton, Texas; providing for severability; providing a savings clause; and providing an effective date.
AIS
3. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
At the election of the City Council and the Planning and Zoning Commission, the City Council and the Planning and Zoning Commission may jointly convene in a Closed Meeting, either before or after the Joint City Council and Planning and Zoning Commission Public Hearing to consider specific items when these items are listed below under the Closed Meeting section of this agenda. Both the City Council and the Planning and Zoning Commission reserve the right to adjourn into a Closed Meeting, either jointly or separately, on any item on its Special Session agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
A. ID 15-056 Consultation with Attorneys - Texas Government Code Section 551.071.
Hold a Joint City Council and Planning and Zoning Commission Closed Meeting to consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts on federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton, Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
A. ID 15-017 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the T. Toby Survey, Abstract No. 1285, City of Denton, Denton County, Texas, and generally located north of Airport Road and east of Masch Branch Road. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above 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. (Denton Enterprise Airport: Cook-McDuff tract - 10.154 acres [ID 15-015] & Cook-Walters tract - 5.89 acres [ ID 15-016])
AIS
B. ID 15-023 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests in the in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas, generally located in the 200 block of Collins St.. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and 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 proceedings or potential litigation. (South Locust DME Substation Expansion) [File ID 15-020]
AIS
C. ID 15-039 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding potential litigation and legal issues and strategies associated with the City's sign code and sign regulations, where a public discussion of such matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. [File ID 15-038]
AIS
D. ID 15-004 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086.
Receive a presentation from Denton Municipal Electric ("DME") staff regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies relating to selecting and acquiring generation resources for the City; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide staff with direction.
AIS
E. ID 15-028 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed extension to, moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
A. ID 15-002 Consider approval of a resolution of the City of Denton, Texas authorizing the City Manager, or his designee, to expend Two hundred thirty-five thousand two hundred seventeen dollars and fifty cents ($235,217.50) of Airport funds to supplement a grant supported improvement to the Denton Enterprise Airport terminal; and providing an effective date. The Council Airport Committee recommends approval (3-0).
AIS
Exhibit 1 - R2013-016
Exhibit 2 - Improvements
Exhibit 3 - Resolution
B. ID 15-003 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for mowers and tractors for the City of Denton; and providing an effective date (RFP 5699-awarded to Ag-Power Inc. in the three (3) year not-to-exceed amount of $1,211,622).
AIS
Exhibit 1 Evaluation and Ranking sheet
Exhibit 2 Ordinance
Exhibit 3 Contract
C. ID 15-007 Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a First Amendment to a contract with Ultimate CNG, LLC. for the purchase of temporary mobile compressed natural gas (CNG); providing for the expenditure of funds therefor; and providing an effective date (File 5424-providing for an additional expenditure amount of $450,000 with the total contract amount not-to-exceed $595,000).
AIS
Exhibit 1 Original Agreement
Exhibit 2 Ordinance
Exhibit 3 First Amendment
D. ID 15-011 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for engineering and consulting services for the development and implementation of a computer model to optimize chemical usage for phosphorous removal, energy efficiency, methane generation, and optimization of the processes during dry and wet weather at the Pecan Creek Water Reclamation Plant; providing for the expenditure of funds therefor; and providing an effective date (File 5718-awarded to Hazen and Sawyer, P.C. in the not-to-exceed amount of $136,017). The Public Utilities Board recommends approval (7-0).
AIS
Exhibit 1 PUB Minutes
Exhibit 2 Ordinance
Exhibit 3 Agreement
E. ID 15-012 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas Smart Buy Program for the purchase of ammunition for the City of Denton Police Department as awarded by the State of Texas Contract 680-A1; and providing an effective date (File 5721-awarded to Precision Delta Corporation, Inc. in the three (3) year not-to-exceed amount of $120,000).
AIS
Exhibit 1 Contract Details
Exhibit 2 Ordinance
F. ID 15-015 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Written Notice of Termination thereby terminating the Contract of Sale between the City of Denton, Texas ("City") and Dorothy Nell Cook N/K/A Dorothy Nell McDuff ("Seller") for the sale and purchase of a 10.154 acre tract situated in the T. Toby survey, Abstract No. 1285, located in the City of Denton, Denton County, Texas; and providing for an effective date. (Denton Enterprise Airport: Cook-McDuff tract - 10.154 acres)
AIS
Exhibit 1 LocationMap
Exhibit 2 Cook-McDuff Ordinance
G. ID 15-016 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Written Notice of Termination thereby terminating the Contract of Sale between the City of Denton, Texas ("City") and Everett F. Cook and Joy L. Walters ("Seller") for the sale and purchase of a 5.89 acre tract situated in the T. Toby survey, Abstract No. 1285, located in the City of Denton, Denton County, Texas; and providing for an effective date. (Denton Enterprise Airport: Cook-Walters tract - 5.89 acres)
AIS
Exhibit 1 - Location Map
Exhibit 2 - Cook-Walters Ordinance
H. ID 15-019 Consider approval of the minutes of November 3, November 4, November 11, and November 18, 2014.
AIS
Exhibit 1 November 3, 2014 Minutes
Exhibit 2 November 4, 2014 Minutes
Exhibit 3 November 11, 2014 MInutes
Exhibit 4 November 18, 2014 Minutes
I. Z13-0013B Consider adoption of an ordinance, amending approved Ordinance No. 2014-193, relating to approximately 99 acres within the southern tract of the Rayzor Ranch Overlay District, located at the southeast corner of U.S. Highway 380 and Interstate Highway 35, and described as Lot 1, Block 5 Rayzor Ranch South Conveyance Plat (document number 2010-119), which exempted from Denton Development Code, Section 35.18.2.A.1 relative to approval of a final plat and construction plans, subject to certain prescribed restrictions, prior to release of a clearing and grading permit, accepting applicant's withdrawal of the request to create a new RR-2A subdistrict and extending the applicability of existing stormwater quality standards for the district
AIS
Exhibit 1 - Staff's Analysis
Exhibit 2 - Site Location-Aerial Map
Exhibit 3 - Zoning Map
Exhibit 4 - Future Land Use Map
Exhibit 5 - Notice of Public Hearing
Exhibit 6 - Ordinance 2010-158
Exhibit 7 - RR Grading Permit Checklist
Exhibit 8 - P and Z Minutes of 5-21-14
Exhibit 9 - Proposed Ordinance
J. ID 15-037 Consider a request for an exception to the Noise Ordinance from Jagoe-Public to reconstruct U.S. 380 from Bonnie Brae to Hinkle. If approved, work will take place from January 7, 2015, through January 30, 2015, 7:00 p.m. to 6:00 a.m. Texas Department of Transportation regulations allow for work to be completed from Sunday through Friday. As such, related work would begin Sunday evening and end Friday morning and will consist of milling the existing roadway, loading millings onto trucks, and hauling them away.
AIS
Exhibit 1 Letter of Request
Exhibit 2 Map
K. ID 15-038 Consider adoption of an ordinance of the City of Denton, Texas repealing §§33.10.6 and 33.18.8 of the Code of Ordinances of the City of Denton, Texas; providing for severability; providing a savings clause; and providing an effective date.
AIS
3. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
At the election of the City Council and the Planning and Zoning Commission, the City Council and the Planning and Zoning Commission may jointly convene in a Closed Meeting, either before or after the Joint City Council and Planning and Zoning Commission Public Hearing to consider specific items when these items are listed below under the Closed Meeting section of this agenda. Both the City Council and the Planning and Zoning Commission reserve the right to adjourn into a Closed Meeting, either jointly or separately, on any item on its Special Session agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
A. ID 15-056 Consultation with Attorneys - Texas Government Code Section 551.071.
Hold a Joint City Council and Planning and Zoning Commission Closed Meeting to consult with and provide direction to City's attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts on federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen's initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton, Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.