A. D 15-069 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Receive a presentation from Denton Municipal Electric ("DME") staff regarding public power competitive and financial matters pertaining to obtaining solar energy resources for the DME system; discuss, deliberate and provide staff with direction regarding the proposed "Power Purchase Agreement" by and between the City of Denton, Texas and Bluebell Solar, LLC. Consultation with the City's attorneys regarding legal issues associated with the proposed Purchase Power Agreement where a public discussion of this legal matter 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 15-446]
AIS
B. ID 15-496 Consultation with 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 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. [ID 15-455]
AIS
C. ID 15-475 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 being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, an addition to the City of Denton, Denton County, Texas, located generally in the 100 block of Industrial Street. 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. (Industrial Park Property Acquisition Project: Cook)
AIS
D. ID 15-485 Consultation with 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 economic development incentives for a business prospective in the Cole Ranch Development. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City 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 incentives. Also hold a discussion with the City's attorneys on the referenced topic 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 15-489 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 George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15-02058-362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-08933-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
A. ID 15-426 Consider approval of a resolution approving the issuance of Revenue Bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society in an aggregate principal amount not to exceed $4,200,000; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal of or interest on the Revenue Bonds; making certain findings in connection therewith; and providing an effective date.
AIS
Exhibit 1 - Letter from Kutak Rock LLP, dated May 18, 2015
Exhibit 2 - Copy of Notice of Public Hearing
Exhibit 3 - Letter from City's Bond Counsel
Exhibit 4 - Resolution
B. ID 15-477 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 one (1) haul truck and two (2) dump trucks for the City of Denton Wastewater Collections Department; and providing an effective date (File 5843-awarded to Rush Truck Center, Crane in the amount of $431,553). The Public Utilities Board recommends approval (7-0).
AIS
Exhibit 1- Equipment Matrix
Exhibit 2-Quotes
Exhibit 3-Memo
Exhibit 4-PUB Minutes
Exhibit 5-Ordinance
C. ID 15-478 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing and approving the purchase of Microsoft Office 365 Software as a Service (SaaS) and additional licensing for Windows Data Center Edition and Enterprise SQL as approved by the State of Texas Department of Information Resources (DIR) Contract Number DIR-SDD-2503; providing for the expenditure of funds therefor; and providing an effective date (File 5842-awarded to SHI Government Solutions in the not-to-exceed amount of $680,000).
AIS
Exhibit 1-Quotes
Exhibit 2-Microsoft EA Agreement
Exhibit 3-Pricing Index
Exhibit 4-Ordinance
D. ID 15-479 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for consulting services related to the development of a comprehensive master plan for the City of Denton Municipal Solid Waste Landfill Facility; providing for the expenditure of funds therefor; and providing an effective date (File 5837-awarded to Applied Ecological Services in the not-to-exceed amount of $110,000). The Public Utilities Board recommends approval (4-0).
AIS
Exhibit 1-PUB Agenda Sheet
Exhibit 2-PUB Draft Minutes
Exhibit 3-Ordinance
Exhibit 4-Contract
E. ID 15-481 Consider adoption of an ordinance of the City of Denton Texas, authorizing the City Manager to execute the "Second Amendment to Professional Services Agreement" for further design and engineering services related to Phase II of the multiple-use field improvements at North Lakes Park; authorizing the expenditure of additional funds therefor in an amount not-to-exceed $122,500; providing an effective date (File 5273-awarded to Dunaway Associates, L.P. aggregating an amount not-to-exceed $303,670).
AIS
Exhibit 1-Original Contract First Amendment
Exhibit 2- Ordinance and Contract
F. ID 15-482 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and North Texas Contracting, Inc. for the US Hwy 380 Utility Relocations Project which consists of the installation of 9440 feet of water line and 6570 feet of sewer line paralleling US Hwy 380 from Bonnie Brae Street to Carroll Boulevard; providing for the expenditure of funds therefor; and providing an effective date (Bid 5190-US Hwy 380 Utility Relocations-Change Order Number Three in the amount of $231,613.67 for a total contract award of $3,749,989.25). The Public Utilities Board recommends approval (7-0).
AIS
Exhibit 1-Change Order Three
Exhibit 2-PUB Minutes
Exhibit 3-Ordinance
G. ID 15-483 Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2014-2015 Budget and Annual Program of Services of the City of Denton to allow for adjustments to the Tourist and Convention Fund of three hundred twenty-five thousand dollars ($325,000) for the purpose of funding startup costs for a Visitor Information Center in the Downtown Square; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing and effective date.
AIS
Exhibit 1 - Ordinance
Exhibit 2 Budget Amendment Request
H. ID 15-484 Consider adoption of an ordinance adopting a Supplemental Agreement between the City of Denton and the Denton Chamber of Commerce (Convention & Visitors Bureau) (PY 2015) providing for the payment and use of Hotel Tax Revenue in support of a new Visitor Information Center.
AIS
Exhibit 1 CVB Supplemental Funding
Exbibit 2 Lease Letter of Intent
Exhibit 3 Budget
I. ID 15-506 Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to a Reimbursement Agreement between the City of Denton, The Board of Directors of the Tax Increment Reinvestment Zone Number Two, City of Denton, Texas, and Westray Group, LP.; and providing an effective date.
AIS
Exhibit 1 - Westray Ord# 2014-142
J. ID 15-507 Consider approval of the minutes of:
April 21, 2015
April 28, 2015
A. D 15-069 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Receive a presentation from Denton Municipal Electric ("DME") staff regarding public power competitive and financial matters pertaining to obtaining solar energy resources for the DME system; discuss, deliberate and provide staff with direction regarding the proposed "Power Purchase Agreement" by and between the City of Denton, Texas and Bluebell Solar, LLC. Consultation with the City's attorneys regarding legal issues associated with the proposed Purchase Power Agreement where a public discussion of this legal matter 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 15-446]
AIS
B. ID 15-496 Consultation with 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 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. [ID 15-455]
AIS
C. ID 15-475 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 being a part of Lot No. Three (3), Block Twenty (20) of the Original Town of Denton, an addition to the City of Denton, Denton County, Texas, located generally in the 100 block of Industrial Street. 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. (Industrial Park Property Acquisition Project: Cook)
AIS
D. ID 15-485 Consultation with 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 economic development incentives for a business prospective in the Cole Ranch Development. This discussion shall include commercial and financial information the City Council may receive from the business owners which the City 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 incentives. Also hold a discussion with the City's attorneys on the referenced topic 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 15-489 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 George P. Bush, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. 15-02058-362 currently pending in the 362nd District Court of Denton County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-08933-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
A. ID 15-426 Consider approval of a resolution approving the issuance of Revenue Bonds by the Colorado Health Facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society in an aggregate principal amount not to exceed $4,200,000; recognizing that the City of Denton is not responsible for issuing the Revenue Bonds and has no financial obligation to pay any principal of or interest on the Revenue Bonds; making certain findings in connection therewith; and providing an effective date.
AIS
Exhibit 1 - Letter from Kutak Rock LLP, dated May 18, 2015
Exhibit 2 - Copy of Notice of Public Hearing
Exhibit 3 - Letter from City's Bond Counsel
Exhibit 4 - Resolution
B. ID 15-477 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 one (1) haul truck and two (2) dump trucks for the City of Denton Wastewater Collections Department; and providing an effective date (File 5843-awarded to Rush Truck Center, Crane in the amount of $431,553). The Public Utilities Board recommends approval (7-0).
AIS
Exhibit 1- Equipment Matrix
Exhibit 2-Quotes
Exhibit 3-Memo
Exhibit 4-PUB Minutes
Exhibit 5-Ordinance
C. ID 15-478 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing and approving the purchase of Microsoft Office 365 Software as a Service (SaaS) and additional licensing for Windows Data Center Edition and Enterprise SQL as approved by the State of Texas Department of Information Resources (DIR) Contract Number DIR-SDD-2503; providing for the expenditure of funds therefor; and providing an effective date (File 5842-awarded to SHI Government Solutions in the not-to-exceed amount of $680,000).
AIS
Exhibit 1-Quotes
Exhibit 2-Microsoft EA Agreement
Exhibit 3-Pricing Index
Exhibit 4-Ordinance
D. ID 15-479 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for consulting services related to the development of a comprehensive master plan for the City of Denton Municipal Solid Waste Landfill Facility; providing for the expenditure of funds therefor; and providing an effective date (File 5837-awarded to Applied Ecological Services in the not-to-exceed amount of $110,000). The Public Utilities Board recommends approval (4-0).
AIS
Exhibit 1-PUB Agenda Sheet
Exhibit 2-PUB Draft Minutes
Exhibit 3-Ordinance
Exhibit 4-Contract
E. ID 15-481 Consider adoption of an ordinance of the City of Denton Texas, authorizing the City Manager to execute the "Second Amendment to Professional Services Agreement" for further design and engineering services related to Phase II of the multiple-use field improvements at North Lakes Park; authorizing the expenditure of additional funds therefor in an amount not-to-exceed $122,500; providing an effective date (File 5273-awarded to Dunaway Associates, L.P. aggregating an amount not-to-exceed $303,670).
AIS
Exhibit 1-Original Contract First Amendment
Exhibit 2- Ordinance and Contract
F. ID 15-482 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and North Texas Contracting, Inc. for the US Hwy 380 Utility Relocations Project which consists of the installation of 9440 feet of water line and 6570 feet of sewer line paralleling US Hwy 380 from Bonnie Brae Street to Carroll Boulevard; providing for the expenditure of funds therefor; and providing an effective date (Bid 5190-US Hwy 380 Utility Relocations-Change Order Number Three in the amount of $231,613.67 for a total contract award of $3,749,989.25). The Public Utilities Board recommends approval (7-0).
AIS
Exhibit 1-Change Order Three
Exhibit 2-PUB Minutes
Exhibit 3-Ordinance
G. ID 15-483 Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2014-2015 Budget and Annual Program of Services of the City of Denton to allow for adjustments to the Tourist and Convention Fund of three hundred twenty-five thousand dollars ($325,000) for the purpose of funding startup costs for a Visitor Information Center in the Downtown Square; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing and effective date.
AIS
Exhibit 1 - Ordinance
Exhibit 2 Budget Amendment Request
H. ID 15-484 Consider adoption of an ordinance adopting a Supplemental Agreement between the City of Denton and the Denton Chamber of Commerce (Convention & Visitors Bureau) (PY 2015) providing for the payment and use of Hotel Tax Revenue in support of a new Visitor Information Center.
AIS
Exhibit 1 CVB Supplemental Funding
Exbibit 2 Lease Letter of Intent
Exhibit 3 Budget
I. ID 15-506 Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to a Reimbursement Agreement between the City of Denton, The Board of Directors of the Tax Increment Reinvestment Zone Number Two, City of Denton, Texas, and Westray Group, LP.; and providing an effective date.
AIS
Exhibit 1 - Westray Ord# 2014-142
J. ID 15-507 Consider approval of the minutes of:
April 21, 2015
April 28, 2015