Video index

2. Requests for clarification of agenda items listed on the agenda for January 6, 2015.

3. Work Session Reports

A. SI14-0013 Receive a report, hold a discussion, and give staff direction regarding the proposed Rayzor Ranch Vision and proposed revision to the current Ordinance.

B. ID 15-001 Receive a report, hold a discussion, and give staff direction regarding Smoking Ordinance No. 2012-367.

C. ID 15-008 Receive a report, hold a discussion, and give staff direction regarding the structure of the 2014 Bond Oversight Committee.

D. ID 15-009 Receive a report, hold discussion and consider recommending approval of hiring a second construction crew and purchase of related construction equipment for the Wastewater Collection department.

A. SI14-0013 Receive a report, hold a discussion, and give staff direction regarding the proposed Rayzor Ranch Vision and proposed revision to the current Ordinance.

B. ID 15-001 Receive a report, hold a discussion, and give staff direction regarding Smoking Ordinance No. 2012-367.

C. ID 15-008 Receive a report, hold a discussion, and give staff direction regarding the structure of the 2014 Bond Oversight Committee.

D. ID 15-009 Receive a report, hold discussion and consider recommending approval of hiring a second construction crew and purchase of related construction equipment for the Wastewater Collection department.

1. Closed Meeting:

Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

1. PLEDGE OF ALLEGIANCE

2. CONSENT AGENDA

3. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS

A. ID 15-020 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple title to a 2.484 acre tract located in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas, as more particularly described and depicted on the Exhibits "A" and "B" attachments to the ordinance and located generally in the 200 block of Collins St. ("Property Interests"), for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the City Manager, or his designee, to make a final offer to Tomasa L. Garcia ("Owner") to purchase the Property Interests for the price of Three Hundred Seventy Eight Thousand Seven Hundred and Eleven Dollars and 00/100 dollars ($378,711.00), and other consideration, as set forth in the Contract of Sale attached as Exhibit "C" to the ordinance; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (South Locust DME Substation Expansion)

A. ID 15-020 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple title to a 2.484 acre tract located in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas, as more particularly described and depicted on the Exhibits "A" and "B" attachments to the ordinance and located generally in the 200 block of Collins St. ("Property Interests"), for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the City Manager, or his designee, to make a final offer to Tomasa L. Garcia ("Owner") to purchase the Property Interests for the price of Three Hundred Seventy Eight Thousand Seven Hundred and Eleven Dollars and 00/100 dollars ($378,711.00), and other consideration, as set forth in the Contract of Sale attached as Exhibit "C" to the ordinance; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (South Locust DME Substation Expansion)

4. PUBLIC HEARINGS

A. CA11-0004d Hold a public hearing and consider an ordinance of the City of Denton, Texas, adopting the update to the City of Denton's Comprehensive Plan; and providing an effective date. (CA11-0004) The Planning and Zoning Commission recommends approval of this request with conditions (5-2).

B. DCA14-0007 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending Section 35.5 of the Denton Development Code to add "Bar" to the schedule of uses and amend Section 35.23 to define the use of "Bar" providing for a penalty in the maximum amount of $2,000 for violations thereof, severability, and an effective date (DCA14-0007). The Planning and Zoning Commission recommends approval of this request (7-0).

C. PDA14-0008 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending lot coverage, landscaping and elevations to the approved Detail Plan of Planned Development 12 (PD-12); and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability, and an effective date (PDA14-0008). The Planning and Zoning Commission recommends approval of this request (7-0).

D. Z14-0021 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding rezoning from a Neighborhood Residential 4 (NR-4) zoning district and use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification with Mixed Use Residential Protection Overlay restrictions on approximately 2.195 acres of land generally located at the northeast corner of McKinney Street and Bellaire Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability, and an effective date. (Z14-0021). The Planning and Zoning Commission recommends approval (6-1).

E. DCA14-0009A Continue a public hearing on Tuesday, January 6, 2015, and consider an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013-248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009A)

A. CA11-0004d Hold a public hearing and consider an ordinance of the City of Denton, Texas, adopting the update to the City of Denton's Comprehensive Plan; and providing an effective date. (CA11-0004) The Planning and Zoning Commission recommends approval of this request with conditions (5-2).

B. DCA14-0007 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending Section 35.5 of the Denton Development Code to add "Bar" to the schedule of uses and amend Section 35.23 to define the use of "Bar" providing for a penalty in the maximum amount of $2,000 for violations thereof, severability, and an effective date (DCA14-0007). The Planning and Zoning Commission recommends approval of this request (7-0).

C. PDA14-0008 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending lot coverage, landscaping and elevations to the approved Detail Plan of Planned Development 12 (PD-12); and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability, and an effective date (PDA14-0008). The Planning and Zoning Commission recommends approval of this request (7-0).

D. Z14-0021 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding rezoning from a Neighborhood Residential 4 (NR-4) zoning district and use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification with Mixed Use Residential Protection Overlay restrictions on approximately 2.195 acres of land generally located at the northeast corner of McKinney Street and Bellaire Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability, and an effective date. (Z14-0021). The Planning and Zoning Commission recommends approval (6-1).

E. DCA14-0009A Continue a public hearing on Tuesday, January 6, 2015, and consider an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013-248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009A)

5. CONCLUDING ITEMS

1. PUBLIC HEARING

A. SI14-0012 Hold a Joint City Council and Planning and Zoning Commission public hearing and consider adoption of an ordinance amending Ordinance No. 2014-137, as amended by Ordinance Nos. 2014-192 and 2014-276, to extend for an additional ninety-one (91) days, or such other reasonable date, the moratorium on the acceptance, processing, and approval of certain applications for gas well permits within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; providing a cumulative clause; providing a severability clause; and providing an effective date.

A. SI14-0012 Hold a Joint City Council and Planning and Zoning Commission public hearing and consider adoption of an ordinance amending Ordinance No. 2014-137, as amended by Ordinance Nos. 2014-192 and 2014-276, to extend for an additional ninety-one (91) days, or such other reasonable date, the moratorium on the acceptance, processing, and approval of certain applications for gas well permits within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; providing a cumulative clause; providing a severability clause; and providing an effective date.

Jan 06, 2015 City Council on 2015-01-06 1:00 PM

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2. Requests for clarification of agenda items listed on the agenda for January 6, 2015.

3. Work Session Reports

A. SI14-0013 Receive a report, hold a discussion, and give staff direction regarding the proposed Rayzor Ranch Vision and proposed revision to the current Ordinance.

B. ID 15-001 Receive a report, hold a discussion, and give staff direction regarding Smoking Ordinance No. 2012-367.

C. ID 15-008 Receive a report, hold a discussion, and give staff direction regarding the structure of the 2014 Bond Oversight Committee.

D. ID 15-009 Receive a report, hold discussion and consider recommending approval of hiring a second construction crew and purchase of related construction equipment for the Wastewater Collection department.

A. SI14-0013 Receive a report, hold a discussion, and give staff direction regarding the proposed Rayzor Ranch Vision and proposed revision to the current Ordinance.

B. ID 15-001 Receive a report, hold a discussion, and give staff direction regarding Smoking Ordinance No. 2012-367.

C. ID 15-008 Receive a report, hold a discussion, and give staff direction regarding the structure of the 2014 Bond Oversight Committee.

D. ID 15-009 Receive a report, hold discussion and consider recommending approval of hiring a second construction crew and purchase of related construction equipment for the Wastewater Collection department.

1. Closed Meeting:

Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:

1. PLEDGE OF ALLEGIANCE

2. CONSENT AGENDA

3. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS

A. ID 15-020 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple title to a 2.484 acre tract located in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas, as more particularly described and depicted on the Exhibits "A" and "B" attachments to the ordinance and located generally in the 200 block of Collins St. ("Property Interests"), for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the City Manager, or his designee, to make a final offer to Tomasa L. Garcia ("Owner") to purchase the Property Interests for the price of Three Hundred Seventy Eight Thousand Seven Hundred and Eleven Dollars and 00/100 dollars ($378,711.00), and other consideration, as set forth in the Contract of Sale attached as Exhibit "C" to the ordinance; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (South Locust DME Substation Expansion)

A. ID 15-020 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple title to a 2.484 acre tract located in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas, as more particularly described and depicted on the Exhibits "A" and "B" attachments to the ordinance and located generally in the 200 block of Collins St. ("Property Interests"), for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the City Manager, or his designee, to make a final offer to Tomasa L. Garcia ("Owner") to purchase the Property Interests for the price of Three Hundred Seventy Eight Thousand Seven Hundred and Eleven Dollars and 00/100 dollars ($378,711.00), and other consideration, as set forth in the Contract of Sale attached as Exhibit "C" to the ordinance; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (South Locust DME Substation Expansion)

4. PUBLIC HEARINGS

A. CA11-0004d Hold a public hearing and consider an ordinance of the City of Denton, Texas, adopting the update to the City of Denton's Comprehensive Plan; and providing an effective date. (CA11-0004) The Planning and Zoning Commission recommends approval of this request with conditions (5-2).

B. DCA14-0007 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending Section 35.5 of the Denton Development Code to add "Bar" to the schedule of uses and amend Section 35.23 to define the use of "Bar" providing for a penalty in the maximum amount of $2,000 for violations thereof, severability, and an effective date (DCA14-0007). The Planning and Zoning Commission recommends approval of this request (7-0).

C. PDA14-0008 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending lot coverage, landscaping and elevations to the approved Detail Plan of Planned Development 12 (PD-12); and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability, and an effective date (PDA14-0008). The Planning and Zoning Commission recommends approval of this request (7-0).

D. Z14-0021 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding rezoning from a Neighborhood Residential 4 (NR-4) zoning district and use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification with Mixed Use Residential Protection Overlay restrictions on approximately 2.195 acres of land generally located at the northeast corner of McKinney Street and Bellaire Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability, and an effective date. (Z14-0021). The Planning and Zoning Commission recommends approval (6-1).

E. DCA14-0009A Continue a public hearing on Tuesday, January 6, 2015, and consider an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013-248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009A)

A. CA11-0004d Hold a public hearing and consider an ordinance of the City of Denton, Texas, adopting the update to the City of Denton's Comprehensive Plan; and providing an effective date. (CA11-0004) The Planning and Zoning Commission recommends approval of this request with conditions (5-2).

B. DCA14-0007 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending Section 35.5 of the Denton Development Code to add "Bar" to the schedule of uses and amend Section 35.23 to define the use of "Bar" providing for a penalty in the maximum amount of $2,000 for violations thereof, severability, and an effective date (DCA14-0007). The Planning and Zoning Commission recommends approval of this request (7-0).

C. PDA14-0008 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending lot coverage, landscaping and elevations to the approved Detail Plan of Planned Development 12 (PD-12); and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability, and an effective date (PDA14-0008). The Planning and Zoning Commission recommends approval of this request (7-0).

D. Z14-0021 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding rezoning from a Neighborhood Residential 4 (NR-4) zoning district and use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification with Mixed Use Residential Protection Overlay restrictions on approximately 2.195 acres of land generally located at the northeast corner of McKinney Street and Bellaire Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability, and an effective date. (Z14-0021). The Planning and Zoning Commission recommends approval (6-1).

E. DCA14-0009A Continue a public hearing on Tuesday, January 6, 2015, and consider an ordinance amending Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013-248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009A)

5. CONCLUDING ITEMS

1. PUBLIC HEARING

A. SI14-0012 Hold a Joint City Council and Planning and Zoning Commission public hearing and consider adoption of an ordinance amending Ordinance No. 2014-137, as amended by Ordinance Nos. 2014-192 and 2014-276, to extend for an additional ninety-one (91) days, or such other reasonable date, the moratorium on the acceptance, processing, and approval of certain applications for gas well permits within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; providing a cumulative clause; providing a severability clause; and providing an effective date.

A. SI14-0012 Hold a Joint City Council and Planning and Zoning Commission public hearing and consider adoption of an ordinance amending Ordinance No. 2014-137, as amended by Ordinance Nos. 2014-192 and 2014-276, to extend for an additional ninety-one (91) days, or such other reasonable date, the moratorium on the acceptance, processing, and approval of certain applications for gas well permits within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, subject to certain exemptions; providing a cumulative clause; providing a severability clause; and providing an effective date.

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