A. ID 15-440 Receive an update from the Denton Parks Foundation regarding the Eureka 2 Playground.
AIS
Exhibit 1 - Eureka 2 Update
B. ID 15-461 Receive a report, hold a discussion and give staff direction regarding City Council committee nominations.
AIS
Exhibit 1 Current Membership List
Exhibit 2 Council Preference Chart
Exhibit 3 Committee Narrative
1. Closed Meeting:
A. ID 15-464 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 real estate matters related to the site selection for the DME Hickory substation, presently located at the intersection of West Hickory and South Bonnie Brae in the City of Denton, Texas, and concerning certain real property within the immediate vicinity, specifically Lots 1, 2, and 3 of the Oak Street Terrace Addition, and the potential acquisition of real property interests. Consultation with the City's attorneys regarding legal issues associated with the condemnation or acquisition of the real property interests 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. [ID 15-441, ID 15-442, and ID 15-443]
AIS
B. ID 15-445 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.
AIS
C. ID 15-452 Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings 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.
AIS
D. ID 15-453 Consultation with Attorneys - Under Texas Government Code Section 551.071 and 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 Project Ranger One (Denton-Tarrant PRW, LLC). This discussion shall include commercial and financial information the City Council has received from Project Ranger One 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.
AIS
E. ID 15-460 Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to a potential economic development project generally located in the 2000 to 3000 blocks of South Interstate 35 East. This discussion shall include commercial and financial information the City Council has received from a prospect 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.
A. ID 15-398 Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2015 - 2019 Consolidated Plan for Housing and Community Development including the 2015 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date.
AIS
Exhibit 1 - Denton 2015-2019 Con Plan - Final
Exhibit 2 - Resolution
B. ID 15-428 Consider a request for an exception to the Noise Ordinance for the purpose of the fundraiser, Ride for Reid BBQ 2015 Cook-off and Music Concert Benefit, to be held at the North Texas Fairgrounds beginning June 19, 2015, from 6 p.m. to midnight and Saturday, June 20, 2015, from noon to midnight. The exception is specifically requested to increase sound levels from 70 to 75 decibels, and for an extension of hours from 10 p.m. to midnight. Staff recommends approval.
AIS
Exhibit 1 - Letter of Request from Wes and Shelley Oldham
C. ID 15-429 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) backhoes, one (1) excavator, one (1) compact excavator, and one (1) roller for the City of Denton Wastewater Collections Department; and providing an effective date (File 5829-awarded to RDO Equipment Company in the amount of $604,637.35). The Public Utilities Board recommends approval (5-0).
AIS
Exhibit 1-Comparison
Exhibit 2-Vendor Quotes
Exhibit 3-PUB Draft Minutes
Exhibit 4-Ordinance
D. ID 15-430 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the purchase of office furniture for various City of Denton departments; providing for the expenditure of funds therefore; and providing an effective date (File 5817-awarded to Office Depot in the three (3) year not-to-exceed amount of $500,000).
AIS
Exhibit 1-Award Letter
Exhibit 2-Pricing
Exhibit 3-Ordinance
E. ID 15-432 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of the Arco Substation Gravity Retaining Wall; providing for the expenditure of funds therefor; and providing an effective date (RFP 5716-awarded to Knight Erosion Control, Inc., in the not-to-exceed amount of $225,922.80). The Public Utilities Board recommends approval (5-0).
AIS
Exhibit 1-Project Map
Exhibit 2-BAFO and Pricing sheet
Exhibit 3-PUB Draft Minutes
Exhibit 4-Ordinance
F. ID 15-436 Consider approval of the minutes of March 2, March 3, March 24, April 6, April 7 and April 14, 2015.
AIS
Exhibit 1 - March 2, 2015 minutes
Exhibit 2 - March 3, 2015 minutes
Exhibit 3 - March 24, 2015 minutes
Exhibit 4 - April 6, 2015 minutes
Exhibit 5 - April 7, 2015 minutes
Exhibit 6 - April 14, 2015 minutes
G. A15-0013 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015-063 providing for acceptance of additional eligible non-annexation agreements 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-3 of approximately 421 acres located on the south side of Spring Side Road, north, south and west of Corbin Road, West of I-35 and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0013)
AIS
Exhibit 1 - Service Plan for Properties Annexed in 2010
Exhibit 2 - Ordinance
H. A15-0014 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015-067 providing for acceptance of eligible non-annexation agreements 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 north side of Tom Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0014)
AIS
Exhibit 1 - Service Plan for Properties Annexed in 2010
Exhibit 2 - Ordinance
I. A15-0015 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015-064 providing for acceptance of additional eligible non-annexation agreements 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, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0015)
AIS
Exhibit 1 - Service Plan for Properties Annexed in 2010
Exhibit 2 - Ordinance
J. A15-0016 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015-069 providing for acceptance of additional eligible non-annexation agreements 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 PAA-3 of approximately 1,075 acres located on the south side of Ganzer Road, east and west of Barthold Road, north of FM 1173, West of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0016)
AIS
Exhibit 1 - Service Plan for Properties Annexed in 2010
Exhibit 2 - Ordinance
5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
A. ID 15-440 Receive an update from the Denton Parks Foundation regarding the Eureka 2 Playground.
AIS
Exhibit 1 - Eureka 2 Update
B. ID 15-461 Receive a report, hold a discussion and give staff direction regarding City Council committee nominations.
AIS
Exhibit 1 Current Membership List
Exhibit 2 Council Preference Chart
Exhibit 3 Committee Narrative
1. Closed Meeting:
A. ID 15-464 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 real estate matters related to the site selection for the DME Hickory substation, presently located at the intersection of West Hickory and South Bonnie Brae in the City of Denton, Texas, and concerning certain real property within the immediate vicinity, specifically Lots 1, 2, and 3 of the Oak Street Terrace Addition, and the potential acquisition of real property interests. Consultation with the City's attorneys regarding legal issues associated with the condemnation or acquisition of the real property interests 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. [ID 15-441, ID 15-442, and ID 15-443]
AIS
B. ID 15-445 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.
AIS
C. ID 15-452 Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087; and Deliberations regarding Real Property - Under Texas Government Code Section 551.072.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to Orison Holdings and economic development incentives and the acquisition of real property interests in the H. Sisco Survey, Abstract No. 1184, Denton, Denton County, Texas, generally located in the 600 block of E. Hickory. This discussion shall include commercial and financial information the City Council has received from Orison Holdings 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.
AIS
D. ID 15-453 Consultation with Attorneys - Under Texas Government Code Section 551.071 and 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 Project Ranger One (Denton-Tarrant PRW, LLC). This discussion shall include commercial and financial information the City Council has received from Project Ranger One 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.
AIS
E. ID 15-460 Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.
Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to a potential economic development project generally located in the 2000 to 3000 blocks of South Interstate 35 East. This discussion shall include commercial and financial information the City Council has received from a prospect 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.
A. ID 15-398 Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2015 - 2019 Consolidated Plan for Housing and Community Development including the 2015 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date.
AIS
Exhibit 1 - Denton 2015-2019 Con Plan - Final
Exhibit 2 - Resolution
B. ID 15-428 Consider a request for an exception to the Noise Ordinance for the purpose of the fundraiser, Ride for Reid BBQ 2015 Cook-off and Music Concert Benefit, to be held at the North Texas Fairgrounds beginning June 19, 2015, from 6 p.m. to midnight and Saturday, June 20, 2015, from noon to midnight. The exception is specifically requested to increase sound levels from 70 to 75 decibels, and for an extension of hours from 10 p.m. to midnight. Staff recommends approval.
AIS
Exhibit 1 - Letter of Request from Wes and Shelley Oldham
C. ID 15-429 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of two (2) backhoes, one (1) excavator, one (1) compact excavator, and one (1) roller for the City of Denton Wastewater Collections Department; and providing an effective date (File 5829-awarded to RDO Equipment Company in the amount of $604,637.35). The Public Utilities Board recommends approval (5-0).
AIS
Exhibit 1-Comparison
Exhibit 2-Vendor Quotes
Exhibit 3-PUB Draft Minutes
Exhibit 4-Ordinance
D. ID 15-430 Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with The Cooperative Purchasing Network (TCPN) for the purchase of office furniture for various City of Denton departments; providing for the expenditure of funds therefore; and providing an effective date (File 5817-awarded to Office Depot in the three (3) year not-to-exceed amount of $500,000).
AIS
Exhibit 1-Award Letter
Exhibit 2-Pricing
Exhibit 3-Ordinance
E. ID 15-432 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of the Arco Substation Gravity Retaining Wall; providing for the expenditure of funds therefor; and providing an effective date (RFP 5716-awarded to Knight Erosion Control, Inc., in the not-to-exceed amount of $225,922.80). The Public Utilities Board recommends approval (5-0).
AIS
Exhibit 1-Project Map
Exhibit 2-BAFO and Pricing sheet
Exhibit 3-PUB Draft Minutes
Exhibit 4-Ordinance
F. ID 15-436 Consider approval of the minutes of March 2, March 3, March 24, April 6, April 7 and April 14, 2015.
AIS
Exhibit 1 - March 2, 2015 minutes
Exhibit 2 - March 3, 2015 minutes
Exhibit 3 - March 24, 2015 minutes
Exhibit 4 - April 6, 2015 minutes
Exhibit 5 - April 7, 2015 minutes
Exhibit 6 - April 14, 2015 minutes
G. A15-0013 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015-063 providing for acceptance of additional eligible non-annexation agreements 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-3 of approximately 421 acres located on the south side of Spring Side Road, north, south and west of Corbin Road, West of I-35 and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0013)
AIS
Exhibit 1 - Service Plan for Properties Annexed in 2010
Exhibit 2 - Ordinance
H. A15-0014 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015-067 providing for acceptance of eligible non-annexation agreements 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 north side of Tom Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0014)
AIS
Exhibit 1 - Service Plan for Properties Annexed in 2010
Exhibit 2 - Ordinance
I. A15-0015 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015-064 providing for acceptance of additional eligible non-annexation agreements 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, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0015)
AIS
Exhibit 1 - Service Plan for Properties Annexed in 2010
Exhibit 2 - Ordinance
J. A15-0016 Consider adoption of an ordinance of the City of Denton, Texas amending Ordinance No. 2015-069 providing for acceptance of additional eligible non-annexation agreements 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 PAA-3 of approximately 1,075 acres located on the south side of Ganzer Road, east and west of Barthold Road, north of FM 1173, West of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing for an effective date. (A15-0016)
AIS
Exhibit 1 - Service Plan for Properties Annexed in 2010
Exhibit 2 - Ordinance
5. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS