3. Work Session Reports
C. SI15-0009 Receive a report, hold a discussion and give staff direction regarding recommended revisions to Chapter 33 (Signs and Advertising Devices) of the Denton Code of Ordinances to define and regulate political signs, consistent with the limitations imposed by Texas Local Government Code §216.903, and Texas Election Code §61.003 and §85.036.
1. Closed Meeting:
A. ID 15-186 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 further information regarding the purchase of certain real property interest located in and around the Township II area, and generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd. 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. (Township II Park Property Acquisition Project [Greenbelt Tracts 1,2,4] & [ID 15-187 Denton 68 Joint Venture])
B. ID 15-146 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to the legal consequences of negotiation and extensions of non-annexation agreements in areas of the City's extraterritorial jurisdiction, and provide the City's attorneys with direction, 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 or legal proceedings.
C. ID 15-210 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests in the area 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.(Pockrus/Teasley TM line)[ID-15-209]
D. ID 15-196 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Business Air (BAM Denton Management Ventures, LLC). This discussion shall include commercial and financial information the City Council has received from Business Air which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
E. ID 15-197 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for West Gate Business Park (WGBP Investments, LTD). This discussion shall include commercial and financial information the City Council has received from West Gate Business Park which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
F. ID 15-192 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.
2. PROCLAMATIONS/PRESENTATIONS
3. CITIZEN REPORTS
4. CONSENT AGENDA
A. ID 15-151 Consider a request for an exception to the Noise Ordinance for the purpose of the St. Patrick's on Walnut Street festival. Live music will be played on an outdoor stage located in the 100-115 block of Walnut Street, for the purpose of a downtown street festival on March 13, 2015. An exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension for hours from 10 p.m. to 11 p.m. Staff recommends approval.
C. ID 15-159 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $18,800,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0).
D. ID 15-160 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $80,125,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0).
E. ID 15-161 Consider approval of a resolution allowing Chestnut Tree LC., to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.
F. ID 15-162 Consider approval of a resolution allowing DI2-Denton1, LLC, DBA Lone Star Attitude Burgers, to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.
G. ID 15-163 Consider approval of a resolution allowing Denton Sweetwater Grill & Tavern, to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.
H. ID 15-164 Consider approval of a resolution allowing Roosters Roadhouse Inc. dba Roosters, to be the sole participant allowed to sell alcoholic beverages at 35 Denton, March 14 & 15, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.
J. ID 15-171 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for underground electric and fiber optic utility locating services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5720-awarded to USIC Locating Services, LLC in the three (3) year not-to-exceed amount of amount of $1,088,775).
K. ID 15-172 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for tank painting and repair work at the Lake Lewisville Water Treatment Plant and McKenna Park; providing for the expenditure of funds therefor; and providing an effective date (RFP 5671-awarded to NG Painting, LP in the three (3) year not-to-exceed amount of amount of $2,269,000).
L. ID 15-173 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a Leica Geosystems robotic total station for the City of Denton Police Department which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5732- awarded to Geomatic Resources in the not-to-exceed amount of $67,865.25).
M. ID 15-175 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the mowing of City of Denton parks, medians, right-of-ways, rail trails, and other municipal building areas (Class A,B,C, and Rail Trail); and providing an effective date (RFP 5659-awarded to highest ranked proposer for each item in the three (3) year not-to-exceed amount of $1,000,000).
N. ID 15-176 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for trucking services for various City of Denton departments; and providing an effective date (RFP 5739-awarded to Jagoe-Public Company in the three (3) year not-to-exceed amount of $750,000).
O. ID 15-177 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of precast concrete pull boxes for Denton Municipal Electric; and providing an effective date (RFP 5747-awarded to Oldcastle Precast, in the three (3) year not-to-exceed amount of $2,000,000).
P. ID 15-187 Consider adoption of an ordinance of the City of Denton, Texas determining the public use, need, and necessity for the acquisition of fee title to properties described in the attached Exhibit "A" and located in and around the Township II area generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., for park land; authorizing the City Manager and City Attorney, or their respective designees, to acquire the property including making initial and final offers, authorizing the use of the power of eminent domain to condemn the properties; and authorizing the City Attorney, or her designee, to file eminent domain proceedings, if necessary, and providing an effective date. (Township II Park Property Acquisition project: Greenbelt tracts 1, 2, and 4, Greenbelt North, Street, and West - Denton 68 Joint Venture [ID 15-186])
Q. ID 15-190 Consider adoption of an ordinance terminating Tax Increment Reinvestment Zone Number Three, City of Denton, Texas ("Convention Center TIRZ"); authorizing the distribution of tax increment funds of the zone to taxing units participating in the zone in accordance with the Texas Tax Code; and providing an effective date.
R. ID 15-204 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute "Project Utility Adjustment Agreement (Developer Managed) 35E-U-0503" form TXDOT-DA-U-35-DM-IH 35E; facilitating and authorizing the relocation of water and wastewater utilities for the Interstate Highway 35 project, in substantial conformity with the attached Texas Department of Transportation agreement, with the developer, AGL Constructors, which is a consortium composed of Archer Western Contractors, LLC, Granite Construction Co. and The Lane Construction Company; and the Texas Department of Transportation; authorizing the expenditure of funds therefor; and providing an effective date.
T. A15-0001 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH1 of approximately 315 acres located East of H. Lively Road, South side of FM 2449, West side of John Paine Road; providing for severability and an effective date.
U. A15-0002 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH2 of approximately 258 acres located on the South Side of University Drive, West and East sides of Thomas J. Egan Road, North of Jim Christal Road, West of Masch Branch Road; providing for severability and an effective date.
V. A15-0003 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH3 of approximately 421 acres located on the South side of spring side road, North, South, and West of Corbin Road, West of I-35; providing for severability and providing an effective date.
W. A15-0004 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-4 of approximately 347 Acres located on the East side of Bonnie Brae Street, West of Fort Worth Drive, East and West of Vintage Boulevard; providing for severability and providing an effective date.
X. A15-0005 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified in the 2010 annexation as DH-5, said modified agreement being for approximately 219.127 Acres of land located on the East side of Fort Worth Drive, West side of Country Club Drive, North of Brush Creek Road; providing for severability and an effective date.
Y. A15-0006 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-11 of approximately 388 Acres located Southeast of the intersection of Mayhill Road and McKinney Street; providing for severability and an effective date.
Z. A15-0007 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-14 of approximately 30 Acres located on the South side of Robinson Road, East of Teasley Lane; providing for severability and providing an effective date.
AA. A15-0008 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA1 of approximately 1.171 Acres located on the South side of Jim Christal Road, the North side of Tom Cole Road, West of Masch Branch Road; providing for severability and an effective date.
BB. A15-0009 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA2 South of approximately 1,472 Acres located on the South Side of FM 1173, North W. University Drive, West of I-35; providing for severability and an effective date.
CC. A15-0010 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA3 of approximately 1,075 Acres located on the South Side of Ganzer Road, North and South of Barthold Road, North of FM 1173, West of I-35; providing for severability and effective date.
DD. A15-0011 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA4 of approximately 1,555 Acres located on the South side of Milan Road, North of Loop 288, East of I-35; providing for severability and an effective date.
EE. ID 15-209 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Contract of Sale by and between the Joseph and Soraya Fletcher Irrevocable Gift Trust ("Owner"), and the City of Denton, Texas, as buyer, to acquire a 2.353 acre permanent electric utility easement, a 0.008 acre temporary construction easement, and a 0.122 acre temporary construction easement, all located in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, as more particularly described and depicted in the attachments to Exhibit "1" (the ordinance) and located generally east of I-35E and north of Shady Shores Rd. ("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; for the purchase price of Two Hundred Seventy Five Thousand Dollars and 00/100 dollars ($275,000.00), and other consideration, as set forth in the Contract of Sale, also attached to Exhibit "1" (the ordinance); authorizing the expenditure of funds; and providing an effective date.
FF. ID15-213 Consider approval of a resolution authorizing the submittal of a letter from the City of Denton Historic Landmark Commission to the National Parks Service endorsing Alternative "B" as described in the National Park Service feasibility study on the Chisholm Trail and declaring an effective date. The Historic Landmark Commission voted to authorize the letter with a vote of 7-0.
HH. A14-0002a Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as Ryan Road of approximately 85 approximately 85.6 Acres of land generally located on the north and south sides of Ryan Road. Tract 1 is approximately 175 ft east of Andrew Street and adjacent to Ryan Road on the south side and measures approximately 80.9 Acres. Tract 2 is approximately 1,093 ft east of Andrew Street and adjacent to Ryan Road on the north side and measures approximately 4.7 Acres; providing for severability and an effective date.
5. PUBLIC HEARINGS
Mar 03, 2015 City Council on 2015-03-03 1:00 PM
3. Work Session Reports
C. SI15-0009 Receive a report, hold a discussion and give staff direction regarding recommended revisions to Chapter 33 (Signs and Advertising Devices) of the Denton Code of Ordinances to define and regulate political signs, consistent with the limitations imposed by Texas Local Government Code §216.903, and Texas Election Code §61.003 and §85.036.
1. Closed Meeting:
A. ID 15-186 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 further information regarding the purchase of certain real property interest located in and around the Township II area, and generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd. 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. (Township II Park Property Acquisition Project [Greenbelt Tracts 1,2,4] & [ID 15-187 Denton 68 Joint Venture])
B. ID 15-146 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to the legal consequences of negotiation and extensions of non-annexation agreements in areas of the City's extraterritorial jurisdiction, and provide the City's attorneys with direction, 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 or legal proceedings.
C. ID 15-210 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests generally located in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests in the area 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.(Pockrus/Teasley TM line)[ID-15-209]
D. ID 15-196 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for Business Air (BAM Denton Management Ventures, LLC). This discussion shall include commercial and financial information the City Council has received from Business Air which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
E. ID 15-197 Deliberations regarding Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Receive a report and hold a discussion regarding legal and economic development issues regarding a proposed economic development incentive agreement for West Gate Business Park (WGBP Investments, LTD). This discussion shall include commercial and financial information the City Council has received from West Gate Business Park which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
F. ID 15-192 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.
2. PROCLAMATIONS/PRESENTATIONS
3. CITIZEN REPORTS
4. CONSENT AGENDA
A. ID 15-151 Consider a request for an exception to the Noise Ordinance for the purpose of the St. Patrick's on Walnut Street festival. Live music will be played on an outdoor stage located in the 100-115 block of Walnut Street, for the purpose of a downtown street festival on March 13, 2015. An exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension for hours from 10 p.m. to 11 p.m. Staff recommends approval.
C. ID 15-159 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $18,800,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0).
D. ID 15-160 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $80,125,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0).
E. ID 15-161 Consider approval of a resolution allowing Chestnut Tree LC., to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.
F. ID 15-162 Consider approval of a resolution allowing DI2-Denton1, LLC, DBA Lone Star Attitude Burgers, to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.
G. ID 15-163 Consider approval of a resolution allowing Denton Sweetwater Grill & Tavern, to be allowed to sell alcoholic beverages at St. Patrick's on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.
H. ID 15-164 Consider approval of a resolution allowing Roosters Roadhouse Inc. dba Roosters, to be the sole participant allowed to sell alcoholic beverages at 35 Denton, March 14 & 15, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date.
J. ID 15-171 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for underground electric and fiber optic utility locating services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5720-awarded to USIC Locating Services, LLC in the three (3) year not-to-exceed amount of amount of $1,088,775).
K. ID 15-172 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for tank painting and repair work at the Lake Lewisville Water Treatment Plant and McKenna Park; providing for the expenditure of funds therefor; and providing an effective date (RFP 5671-awarded to NG Painting, LP in the three (3) year not-to-exceed amount of amount of $2,269,000).
L. ID 15-173 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a Leica Geosystems robotic total station for the City of Denton Police Department which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5732- awarded to Geomatic Resources in the not-to-exceed amount of $67,865.25).
M. ID 15-175 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the mowing of City of Denton parks, medians, right-of-ways, rail trails, and other municipal building areas (Class A,B,C, and Rail Trail); and providing an effective date (RFP 5659-awarded to highest ranked proposer for each item in the three (3) year not-to-exceed amount of $1,000,000).
N. ID 15-176 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for trucking services for various City of Denton departments; and providing an effective date (RFP 5739-awarded to Jagoe-Public Company in the three (3) year not-to-exceed amount of $750,000).
O. ID 15-177 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of precast concrete pull boxes for Denton Municipal Electric; and providing an effective date (RFP 5747-awarded to Oldcastle Precast, in the three (3) year not-to-exceed amount of $2,000,000).
P. ID 15-187 Consider adoption of an ordinance of the City of Denton, Texas determining the public use, need, and necessity for the acquisition of fee title to properties described in the attached Exhibit "A" and located in and around the Township II area generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., for park land; authorizing the City Manager and City Attorney, or their respective designees, to acquire the property including making initial and final offers, authorizing the use of the power of eminent domain to condemn the properties; and authorizing the City Attorney, or her designee, to file eminent domain proceedings, if necessary, and providing an effective date. (Township II Park Property Acquisition project: Greenbelt tracts 1, 2, and 4, Greenbelt North, Street, and West - Denton 68 Joint Venture [ID 15-186])
Q. ID 15-190 Consider adoption of an ordinance terminating Tax Increment Reinvestment Zone Number Three, City of Denton, Texas ("Convention Center TIRZ"); authorizing the distribution of tax increment funds of the zone to taxing units participating in the zone in accordance with the Texas Tax Code; and providing an effective date.
R. ID 15-204 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute "Project Utility Adjustment Agreement (Developer Managed) 35E-U-0503" form TXDOT-DA-U-35-DM-IH 35E; facilitating and authorizing the relocation of water and wastewater utilities for the Interstate Highway 35 project, in substantial conformity with the attached Texas Department of Transportation agreement, with the developer, AGL Constructors, which is a consortium composed of Archer Western Contractors, LLC, Granite Construction Co. and The Lane Construction Company; and the Texas Department of Transportation; authorizing the expenditure of funds therefor; and providing an effective date.
T. A15-0001 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH1 of approximately 315 acres located East of H. Lively Road, South side of FM 2449, West side of John Paine Road; providing for severability and an effective date.
U. A15-0002 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH2 of approximately 258 acres located on the South Side of University Drive, West and East sides of Thomas J. Egan Road, North of Jim Christal Road, West of Masch Branch Road; providing for severability and an effective date.
V. A15-0003 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH3 of approximately 421 acres located on the South side of spring side road, North, South, and West of Corbin Road, West of I-35; providing for severability and providing an effective date.
W. A15-0004 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-4 of approximately 347 Acres located on the East side of Bonnie Brae Street, West of Fort Worth Drive, East and West of Vintage Boulevard; providing for severability and providing an effective date.
X. A15-0005 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified in the 2010 annexation as DH-5, said modified agreement being for approximately 219.127 Acres of land located on the East side of Fort Worth Drive, West side of Country Club Drive, North of Brush Creek Road; providing for severability and an effective date.
Y. A15-0006 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-11 of approximately 388 Acres located Southeast of the intersection of Mayhill Road and McKinney Street; providing for severability and an effective date.
Z. A15-0007 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-14 of approximately 30 Acres located on the South side of Robinson Road, East of Teasley Lane; providing for severability and providing an effective date.
AA. A15-0008 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA1 of approximately 1.171 Acres located on the South side of Jim Christal Road, the North side of Tom Cole Road, West of Masch Branch Road; providing for severability and an effective date.
BB. A15-0009 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA2 South of approximately 1,472 Acres located on the South Side of FM 1173, North W. University Drive, West of I-35; providing for severability and an effective date.
CC. A15-0010 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA3 of approximately 1,075 Acres located on the South Side of Ganzer Road, North and South of Barthold Road, North of FM 1173, West of I-35; providing for severability and effective date.
DD. A15-0011 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA4 of approximately 1,555 Acres located on the South side of Milan Road, North of Loop 288, East of I-35; providing for severability and an effective date.
EE. ID 15-209 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Contract of Sale by and between the Joseph and Soraya Fletcher Irrevocable Gift Trust ("Owner"), and the City of Denton, Texas, as buyer, to acquire a 2.353 acre permanent electric utility easement, a 0.008 acre temporary construction easement, and a 0.122 acre temporary construction easement, all located in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, as more particularly described and depicted in the attachments to Exhibit "1" (the ordinance) and located generally east of I-35E and north of Shady Shores Rd. ("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; for the purchase price of Two Hundred Seventy Five Thousand Dollars and 00/100 dollars ($275,000.00), and other consideration, as set forth in the Contract of Sale, also attached to Exhibit "1" (the ordinance); authorizing the expenditure of funds; and providing an effective date.
FF. ID15-213 Consider approval of a resolution authorizing the submittal of a letter from the City of Denton Historic Landmark Commission to the National Parks Service endorsing Alternative "B" as described in the National Park Service feasibility study on the Chisholm Trail and declaring an effective date. The Historic Landmark Commission voted to authorize the letter with a vote of 7-0.
HH. A14-0002a Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as Ryan Road of approximately 85 approximately 85.6 Acres of land generally located on the north and south sides of Ryan Road. Tract 1 is approximately 175 ft east of Andrew Street and adjacent to Ryan Road on the south side and measures approximately 80.9 Acres. Tract 2 is approximately 1,093 ft east of Andrew Street and adjacent to Ryan Road on the north side and measures approximately 4.7 Acres; providing for severability and an effective date.
5. PUBLIC HEARINGS
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