B. DCA14-0009L Hold a discussion on complementary amendments to the Denton Development Code; specifically Subchapters 5, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures; in order to reconcile Denton's gas well regulations with House Bill 40 that was signed into law on May 18, 2015.
AIS
1. Closed Meeting:
A. ID 15-661 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, to wit: 10.720 acre tract situated in the R.B. Longbottom Survey, Abstract No. 775, and the Caswel Carter Survey, Abstract No. 275, located in the City of Denton, Denton County, Texas, and more particularly described on Exhibit "A", and located generally on and north of, the 2900 to 3000 block of E. University Dr., in the City of Denton, Denton County, Texas, for the construction, expansion and use of electric substations, switch stations or power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests 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.[ID 15-547] (Purple route, Prescott)
AIS
B. ID 15-639 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086
Receive competitive public power competitive information and financial information from staff regarding the proposed FY 2015-2016 operating budget for Denton Municipal Electric ("DME") including without limitation, proposed rates for DME for FY 2015-2016, expected revenues, expenses, commodity volumes, and financial commitments of DME; discuss, deliberate and provide staff with direction.
AIS
C. ID 15-645 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.
Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.
AIS
D. ID 15-660 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding potential litigation and legal issues and strategies associated with property located at 1003, 1005 and 1007 E. Sycamore, and A1184a H. Sisco, Tr 15, where a public discussion of such 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
E. ID 15-677 Consultation with Attorneys - 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
F. ID 15-585 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 15-515 Consider and confirm the re-appointment by the City Manager of Paul Abbott to the Civil Service Commission.
AIS
Exhibit 1 - Bio for Paul Abbott
B. ID 15-547 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale between the City of Denton, Texas("City"), as buyer, and Prescott Interests, LTD., a Texas Limited Partnership ("Owner"), as seller, to acquire fee title to an approximate 10.720 acre tract situated in the R.B. Longbottom Survey, Abstract No. 775, and the Caswel Carter Survey, Abstract No. 275, located in the City of Denton, Denton County, Texas, and more particularly described on Exhibit "A", and located generally on and north of, the 2900 to 3000 block of E. University Dr., ("Property Interest") for the purchase price of One Million and Seven Hundred Thousand Dollars and no cents ($1,700,000.00) and other consideration, as prescribed in the Contract of Sale ("Agreement"); authorizing the expenditure of funds; and providing an effective date.
AIS
Exhibit 1- Ordinance and Contract
C. ID 15-555 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for street milling services for the City of Denton; and providing an effective date (RFP 5846-awarded to Dustrol, Inc. in the three (3) year not-to-exceed amount of $400,000).
F. ID 15-590 Consider approval of a resolution approving the 2014 Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Annual Report; and declaring an effective date.
AIS
Exhibit 1- Resolution and Annual Report
G. ID 15-599 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of Poured in Place Retaining Walls for the City of Denton Kings Row Substation Addition; providing for the expenditure of funds therefor; and providing an effective date (RFP 5810-awarded to DynaGrid Construction Group, LLC in the not-to-exceed amount of amount of $599,683.30). The Public Utilities Board recommends approval (4-0).
AIS
Exhibit 1-Location Map
Exhibit 2-Evaluation and Ranking sheet
Exhibit 3-PUB Minutes
Exhibit 4-Ordinance
H. ID 15-600 Consider adoption of an ordinance of the City of Denton, Texas approving an Interagency Cooperation Contract by and between the University of Texas at Arlington and the City of Denton, Texas for a term of three years to provide landfill sampling and testing of mined materials; monitoring gas emissions during the mining process; monitoring and characterizing storm water and leachate; evaluating and recommending a dust management system for mining operations; investigate the mined samples; investigate the energy potential of the mined materials; develop landfill mining protocol; municipal solid waste (MSW) sampling and evaluation; and determine moisture content analysis during the ongoing Enhanced Leachate Recirculation (ELR) operations for the City of Denton landfill in an amount not-to-exceed $399,806; providing for retroactive approval, confirmation and ratification thereof; authorizing the City Manager or his designee to execute said contract on behalf of the City of Denton; providing for the expenditure of funds; providing an effective date (File 5892). The Public Utilities Board recommends approval (6-0).
AIS
Exhibit 1-PUB Minutes
Exhibit 2-Ordinance
Exhibit 3-UTA Agreement
I. ID 15-601 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of electric substation and transmission line easement site preparation services for the City of Denton; and providing an effective date (RFP 5761-awarded to Mann Robinson and Son, Inc. in the three (3) year not-to-exceed amount of $21,990,000). The Public Utilities Board recommends approval (4-0).
AIS
Exhibit 1-Evaluation and Ranking Sheet
Exhibit 2-PUB Minutes
Exhibit 3-Ordinance
Exhibit 4-Contract
J. ID 15-622 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing the expenditure of funds; and providing for an effective date. (1,475)
AIS
Exhibit 1 - Ordinance
Exhibit 2 - Agreement
K. ID 15-631 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and Giving Hope, INC. for funds that will be used for Homeless Prevention Assistance; providing for the expenditure of funds; and providing for an effective date. ($600)
AIS
Exhibit 1 - Ordinance
Exhibit 2 - Agreement
L. ID 15-634 Consider adoption of an ordinance authorizing an agreement between the City of Denton, Texas and the Denton Black Chamber of Commerce; authorizing the expenditure of funds; and providing for an effective date. ($950)
AIS
Exhibit 1 - Ordinance
Exhibit 2 - Agreement
M. ID 15-670 Consider approval of the minutes of June 23 and June 30, 2015.
AIS
Exhibit 1 - June 23, 2015 minutes
Exhibit 2 - June 30, 2015 minutes
N. ID 15-678 Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2014-423, prescribing the number of positions in each classification of police officer; providing a repealer clause; and declaring an effective date.
AIS
Exhibit 1 - 2014-2015 Sworn Officer Ordinance
O. ID 15-680 Consider adoption of an ordinance repealing Ordinance No. 2011-038 and enacting a new Section 2-29 of the City of Denton Code of Ordinances relating to Rules of Procedure for the City Council of the City of Denton; and declaring an effective date.
AIS
Exhibit 1 - Proposed Ordinance Redlined
Exhibit 2 - Proposed Ordinance
P. ID 15-681 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make an application with the Texas Auto Burglary and Theft Prevention Authority for a grant to focus on auto theft and auto burglary and take all other actions necessary to obtain and implement the program; and providing for an effective date.
B. DCA14-0009L Hold a discussion on complementary amendments to the Denton Development Code; specifically Subchapters 5, 16, and 22, relating to Gas Well Drilling and Production, Definitions, and Procedures; in order to reconcile Denton's gas well regulations with House Bill 40 that was signed into law on May 18, 2015.
AIS
1. Closed Meeting:
A. ID 15-661 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, to wit: 10.720 acre tract situated in the R.B. Longbottom Survey, Abstract No. 775, and the Caswel Carter Survey, Abstract No. 275, located in the City of Denton, Denton County, Texas, and more particularly described on Exhibit "A", and located generally on and north of, the 2900 to 3000 block of E. University Dr., in the City of Denton, Denton County, Texas, for the construction, expansion and use of electric substations, switch stations or power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests 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.[ID 15-547] (Purple route, Prescott)
AIS
B. ID 15-639 Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086
Receive competitive public power competitive information and financial information from staff regarding the proposed FY 2015-2016 operating budget for Denton Municipal Electric ("DME") including without limitation, proposed rates for DME for FY 2015-2016, expected revenues, expenses, commodity volumes, and financial commitments of DME; discuss, deliberate and provide staff with direction.
AIS
C. ID 15-645 Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074.
Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment.
AIS
D. ID 15-660 Consultation with Attorneys - Under Texas Government Code, Section 551.071.
Consult with and provide direction to City's attorneys regarding potential litigation and legal issues and strategies associated with property located at 1003, 1005 and 1007 E. Sycamore, and A1184a H. Sisco, Tr 15, where a public discussion of such 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
E. ID 15-677 Consultation with Attorneys - 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
F. ID 15-585 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 15-515 Consider and confirm the re-appointment by the City Manager of Paul Abbott to the Civil Service Commission.
AIS
Exhibit 1 - Bio for Paul Abbott
B. ID 15-547 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute a Contract of Sale between the City of Denton, Texas("City"), as buyer, and Prescott Interests, LTD., a Texas Limited Partnership ("Owner"), as seller, to acquire fee title to an approximate 10.720 acre tract situated in the R.B. Longbottom Survey, Abstract No. 775, and the Caswel Carter Survey, Abstract No. 275, located in the City of Denton, Denton County, Texas, and more particularly described on Exhibit "A", and located generally on and north of, the 2900 to 3000 block of E. University Dr., ("Property Interest") for the purchase price of One Million and Seven Hundred Thousand Dollars and no cents ($1,700,000.00) and other consideration, as prescribed in the Contract of Sale ("Agreement"); authorizing the expenditure of funds; and providing an effective date.
AIS
Exhibit 1- Ordinance and Contract
C. ID 15-555 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for street milling services for the City of Denton; and providing an effective date (RFP 5846-awarded to Dustrol, Inc. in the three (3) year not-to-exceed amount of $400,000).
F. ID 15-590 Consider approval of a resolution approving the 2014 Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Annual Report; and declaring an effective date.
AIS
Exhibit 1- Resolution and Annual Report
G. ID 15-599 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of Poured in Place Retaining Walls for the City of Denton Kings Row Substation Addition; providing for the expenditure of funds therefor; and providing an effective date (RFP 5810-awarded to DynaGrid Construction Group, LLC in the not-to-exceed amount of amount of $599,683.30). The Public Utilities Board recommends approval (4-0).
AIS
Exhibit 1-Location Map
Exhibit 2-Evaluation and Ranking sheet
Exhibit 3-PUB Minutes
Exhibit 4-Ordinance
H. ID 15-600 Consider adoption of an ordinance of the City of Denton, Texas approving an Interagency Cooperation Contract by and between the University of Texas at Arlington and the City of Denton, Texas for a term of three years to provide landfill sampling and testing of mined materials; monitoring gas emissions during the mining process; monitoring and characterizing storm water and leachate; evaluating and recommending a dust management system for mining operations; investigate the mined samples; investigate the energy potential of the mined materials; develop landfill mining protocol; municipal solid waste (MSW) sampling and evaluation; and determine moisture content analysis during the ongoing Enhanced Leachate Recirculation (ELR) operations for the City of Denton landfill in an amount not-to-exceed $399,806; providing for retroactive approval, confirmation and ratification thereof; authorizing the City Manager or his designee to execute said contract on behalf of the City of Denton; providing for the expenditure of funds; providing an effective date (File 5892). The Public Utilities Board recommends approval (6-0).
AIS
Exhibit 1-PUB Minutes
Exhibit 2-Ordinance
Exhibit 3-UTA Agreement
I. ID 15-601 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of electric substation and transmission line easement site preparation services for the City of Denton; and providing an effective date (RFP 5761-awarded to Mann Robinson and Son, Inc. in the three (3) year not-to-exceed amount of $21,990,000). The Public Utilities Board recommends approval (4-0).
AIS
Exhibit 1-Evaluation and Ranking Sheet
Exhibit 2-PUB Minutes
Exhibit 3-Ordinance
Exhibit 4-Contract
J. ID 15-622 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; authorizing the expenditure of funds; and providing for an effective date. (1,475)
AIS
Exhibit 1 - Ordinance
Exhibit 2 - Agreement
K. ID 15-631 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and Giving Hope, INC. for funds that will be used for Homeless Prevention Assistance; providing for the expenditure of funds; and providing for an effective date. ($600)
AIS
Exhibit 1 - Ordinance
Exhibit 2 - Agreement
L. ID 15-634 Consider adoption of an ordinance authorizing an agreement between the City of Denton, Texas and the Denton Black Chamber of Commerce; authorizing the expenditure of funds; and providing for an effective date. ($950)
AIS
Exhibit 1 - Ordinance
Exhibit 2 - Agreement
M. ID 15-670 Consider approval of the minutes of June 23 and June 30, 2015.
AIS
Exhibit 1 - June 23, 2015 minutes
Exhibit 2 - June 30, 2015 minutes
N. ID 15-678 Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2014-423, prescribing the number of positions in each classification of police officer; providing a repealer clause; and declaring an effective date.
AIS
Exhibit 1 - 2014-2015 Sworn Officer Ordinance
O. ID 15-680 Consider adoption of an ordinance repealing Ordinance No. 2011-038 and enacting a new Section 2-29 of the City of Denton Code of Ordinances relating to Rules of Procedure for the City Council of the City of Denton; and declaring an effective date.
AIS
Exhibit 1 - Proposed Ordinance Redlined
Exhibit 2 - Proposed Ordinance
P. ID 15-681 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make an application with the Texas Auto Burglary and Theft Prevention Authority for a grant to focus on auto theft and auto burglary and take all other actions necessary to obtain and implement the program; and providing for an effective date.