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.
AIS
3. CITIZEN REPORTS
A. ID 15-407 Isabel Cano regarding benches for bus stops.
AIS
B. ID 15-422 Willie Hudspeth regarding Southeast Denton issues.
AIS
4. CONSENT AGENDA
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 15-441 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.138-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 2, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ("Property Interest"), and more particularly described on Exhibit "A", for the public use of expansion, construction, maintenance, operation, and improvement of electrical transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the city manager, or his designee, to make an initial offer to Serendipity Business Interests, LLC Property ("Owner") to purchase fee title in and to the Property Interest for the price of Seventy Five Thousand Dollars and no cents ($75,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B"; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Serendipity Business Interests)
AIS
Exhibit 1 - Survey
Exhibit 2 - Map
Exhibit 3 - Ordinance
Exhibit 4 - Final Offer Letter
Exhibit 5 - Contract of Sale
B. ID 15-442 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.164-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 1, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ("Property Interest"), and more particularly described on Exhibit "A", for the public use of expansion, construction, maintenance, operation, and improvement of electrical 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 Neblett Property ("Owner") to purchase fee title in and to the Property Interest for the price of One Hundred Twenty Two Thousand Dollars and no cents ($122,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B"; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Neblett Property)
AIS
Exhibit 1 - Survey
Exhibit 2 - Map
Exhibit 3 - Ordinance
Exhibit 4 - Final Offer Letter
Exhibit 5 - Contract of Sale
C. ID 15-443 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.138-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 3, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ("Property Interest"), and more particularly described on Exhibit "A", for the public use of expansion, construction, maintenance, operation, and improvement of electrical 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 Mankins Property ("Owner") to purchase fee title in and to the Property Interest for the price of Ninety Five Thousand Dollars and no cents ($95,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B"; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Mankins Property)
AIS
Exhibit 1 - Survey
Exhibit 2 - Map
Exhibit 3 - Ordinance
Exhibit 4 - Final Offer Letter
Exhibit 5 - Contract of Sale
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 15-462 Consider appointments to Council Committees.
AIS
B. ID 15-472 Discussion to determine whether to repeal Initiative Ordinance No. 2014-01, "Prohibition of Hydraulic Fracturing"; and, if necessary, to consider adoption of an ordinance repealing Initiative Ordinance No. 2014-01; and providing an immediate effective date.
AIS
Exhibit 1 Ordinance
7. PUBLIC HEARINGS
A. SD13-0003 Hold a public hearing and consider a Special Sign District for the Golden Triangle Mall. The approximately 69.83-acre subject property is generally located in the area bound by South I-35E to the south, San Jacinto Boulevard to the west, Colorado Boulevard to the north, and South Loop 288 to the east and is located within a Regional Center Commercial Downtown (RCC-D) zoning district. The Planning and Zoning Commission recommends approval (7-0), with conditions.
AIS
Exhibit 1 - Planning and Zoning Commission Staff Report
Exhibit 2 - Site Location Aerial Map
Exhibit 3 - Zoning Map
Exhibit 4 - Golden Triangle Mall Sign Plan
Exhibit 5 - Summary Table
Exhibit 6 - Project Narrative
Exhibit 7 - Property Owner Notification Map
Exhibit 8 - April 22, 2015 Planning and Zoning Commission Minutes
Exhibit 9 - Draft Ordinance
B. Z15-0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification from Regional Center Residential 2 (RCR-2) zoning district and use classification to a Regional Center Commercial Neighborhood (RCC-N) zoning district and use classification on approximately 5.99 acres of land generally located on the west side of I-35 E, approximately 730 feet south of Lillian B. Miller Parkway in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z15-0004). The Planning and Zoning Commission recommended approval of this request (7-0).
AIS
Exhibit 1 - PZ Staff Report
Exhibit 2 - Site Location Aerial Map
Exhibit 3 - Zoning Map
Exhibit 4 - Future Land Use Map
Exhibit 5 - Public Notification Map
Exhibit 6 - Project Narrative
Exhibit 7 - Site Photos
Exhibit 8 - Draft Ordinance
C. S15-0003 Hold a public hearing and consider adoption of an ordinance of the City of Denton repealing Ordinance 2013-328 and approving a Specific Use Permit (SUP) to allow a Basic Utility, a DME electric substation, on approximately 7.334 acres of land within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, located on the south side of East McKinney Street, approximately 1,300 feet east of Mack Drive and 450 west of Springtree Street. The Planning and Zoning Commission recommends approval (7-0), subject to conditions.
AIS
Exhibit 1 - Planning and Zoning Commission Staff Report
Exhibit 2 - Site Location-Aerial Map
Exhibit 3 - Zoning Map
Exhibit 4 - Project Narrative
Exhibit 5 - Site Plan
Exhibit 6 - DME CIP Project Map
Exhibit 7 - Ordinance 2013-328
Exhibit 8 - Public Notiification Map
Exhibit 9 - May 6, 2015 Planning and Zoning Commission Meeting Minutes
Exhibit 10 - Draft Ordinance
D. Z15-0003 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification from a Regional Center Commercial Downtown (RCC-D) zoning district and use classification to an Employment Center Industrial (EC-I) zoning district and use classification on approximately 6.46 acres of land generally located on the Southeast Corner of Worthington Drive and Schuyler Street in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z15-0003) The Planning and Zoning Commission recommended approval of this request (7-0).
AIS
Exhibit 1 Staff Report
Exhibit 2 Location, Aerial Map
Exhibit 3 Zoning Map
Exhibit 4 Future Land Use Map
Exhibit 5 Proposed Zoning Map
Exhibit 6 Public Notification Map and Community Responses
Exhibit 7 Project Narrative
Exhibit 8 Site Photos
Exhibit 9 Planning and Zoning Minutes of the May 6, 2015 Meeting
Exhibit 10 Draft Ordinance
Jun 02, 2015 City Council on 2015-06-02 2:00 PM Work Session
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.
AIS
3. CITIZEN REPORTS
A. ID 15-407 Isabel Cano regarding benches for bus stops.
AIS
B. ID 15-422 Willie Hudspeth regarding Southeast Denton issues.
AIS
4. CONSENT AGENDA
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 15-441 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.138-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 2, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ("Property Interest"), and more particularly described on Exhibit "A", for the public use of expansion, construction, maintenance, operation, and improvement of electrical transmission and distribution lines, facilities, and structures, including substations and switch stations; authorizing the city manager, or his designee, to make an initial offer to Serendipity Business Interests, LLC Property ("Owner") to purchase fee title in and to the Property Interest for the price of Seventy Five Thousand Dollars and no cents ($75,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B"; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Serendipity Business Interests)
AIS
Exhibit 1 - Survey
Exhibit 2 - Map
Exhibit 3 - Ordinance
Exhibit 4 - Final Offer Letter
Exhibit 5 - Contract of Sale
B. ID 15-442 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.164-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 1, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ("Property Interest"), and more particularly described on Exhibit "A", for the public use of expansion, construction, maintenance, operation, and improvement of electrical 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 Neblett Property ("Owner") to purchase fee title in and to the Property Interest for the price of One Hundred Twenty Two Thousand Dollars and no cents ($122,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B"; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Neblett Property)
AIS
Exhibit 1 - Survey
Exhibit 2 - Map
Exhibit 3 - Ordinance
Exhibit 4 - Final Offer Letter
Exhibit 5 - Contract of Sale
C. ID 15-443 Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee title to a 0.138-acre tract situated in the E. Pulchalski Survey, Abstract No. 996, legally described as Lot 3, of Oak Street Terrace Addition, an addition to the City of Denton, Denton County, Texas ("Property Interest"), and more particularly described on Exhibit "A", for the public use of expansion, construction, maintenance, operation, and improvement of electrical 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 Mankins Property ("Owner") to purchase fee title in and to the Property Interest for the price of Ninety Five Thousand Dollars and no cents ($95,000.00), and other valuable consideration, as set forth in the contract of sale attached as Exhibit "B"; authorizing the filing of eminent domain proceedings to acquire the Property Interest if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. (Hickory Street DME Substation assemblage tract: Mankins Property)
AIS
Exhibit 1 - Survey
Exhibit 2 - Map
Exhibit 3 - Ordinance
Exhibit 4 - Final Offer Letter
Exhibit 5 - Contract of Sale
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 15-462 Consider appointments to Council Committees.
AIS
B. ID 15-472 Discussion to determine whether to repeal Initiative Ordinance No. 2014-01, "Prohibition of Hydraulic Fracturing"; and, if necessary, to consider adoption of an ordinance repealing Initiative Ordinance No. 2014-01; and providing an immediate effective date.
AIS
Exhibit 1 Ordinance
7. PUBLIC HEARINGS
A. SD13-0003 Hold a public hearing and consider a Special Sign District for the Golden Triangle Mall. The approximately 69.83-acre subject property is generally located in the area bound by South I-35E to the south, San Jacinto Boulevard to the west, Colorado Boulevard to the north, and South Loop 288 to the east and is located within a Regional Center Commercial Downtown (RCC-D) zoning district. The Planning and Zoning Commission recommends approval (7-0), with conditions.
AIS
Exhibit 1 - Planning and Zoning Commission Staff Report
Exhibit 2 - Site Location Aerial Map
Exhibit 3 - Zoning Map
Exhibit 4 - Golden Triangle Mall Sign Plan
Exhibit 5 - Summary Table
Exhibit 6 - Project Narrative
Exhibit 7 - Property Owner Notification Map
Exhibit 8 - April 22, 2015 Planning and Zoning Commission Minutes
Exhibit 9 - Draft Ordinance
B. Z15-0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification from Regional Center Residential 2 (RCR-2) zoning district and use classification to a Regional Center Commercial Neighborhood (RCC-N) zoning district and use classification on approximately 5.99 acres of land generally located on the west side of I-35 E, approximately 730 feet south of Lillian B. Miller Parkway in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z15-0004). The Planning and Zoning Commission recommended approval of this request (7-0).
AIS
Exhibit 1 - PZ Staff Report
Exhibit 2 - Site Location Aerial Map
Exhibit 3 - Zoning Map
Exhibit 4 - Future Land Use Map
Exhibit 5 - Public Notification Map
Exhibit 6 - Project Narrative
Exhibit 7 - Site Photos
Exhibit 8 - Draft Ordinance
C. S15-0003 Hold a public hearing and consider adoption of an ordinance of the City of Denton repealing Ordinance 2013-328 and approving a Specific Use Permit (SUP) to allow a Basic Utility, a DME electric substation, on approximately 7.334 acres of land within a Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, located on the south side of East McKinney Street, approximately 1,300 feet east of Mack Drive and 450 west of Springtree Street. The Planning and Zoning Commission recommends approval (7-0), subject to conditions.
AIS
Exhibit 1 - Planning and Zoning Commission Staff Report
Exhibit 2 - Site Location-Aerial Map
Exhibit 3 - Zoning Map
Exhibit 4 - Project Narrative
Exhibit 5 - Site Plan
Exhibit 6 - DME CIP Project Map
Exhibit 7 - Ordinance 2013-328
Exhibit 8 - Public Notiification Map
Exhibit 9 - May 6, 2015 Planning and Zoning Commission Meeting Minutes
Exhibit 10 - Draft Ordinance
D. Z15-0003 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification from a Regional Center Commercial Downtown (RCC-D) zoning district and use classification to an Employment Center Industrial (EC-I) zoning district and use classification on approximately 6.46 acres of land generally located on the Southeast Corner of Worthington Drive and Schuyler Street in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z15-0003) The Planning and Zoning Commission recommended approval of this request (7-0).
AIS
Exhibit 1 Staff Report
Exhibit 2 Location, Aerial Map
Exhibit 3 Zoning Map
Exhibit 4 Future Land Use Map
Exhibit 5 Proposed Zoning Map
Exhibit 6 Public Notification Map and Community Responses
Exhibit 7 Project Narrative
Exhibit 8 Site Photos
Exhibit 9 Planning and Zoning Minutes of the May 6, 2015 Meeting