None

Johnson - Item H - kn ow if local universitites have same capabilities and if so provide them also fortun - continuation of work started with them but UTA had a program geared to to that

A.	ID 15-625 Receive a report, hold a discussion, and give staff direction regarding nominations to the City’s Boards and Commissions.

AIS

Exhibit 1 - Nominations Sheet

jw did nominations

not done

b

PRESENT:	Kevin Roden, Greg Johnson, Joey Hawkins, Keely Briggs, Dalton Gregory, and Kathleen Wazny.
ABSENT:	Chris Watts.

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

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.

AIS

Mayor pro tem gas wells ord will be at the end of the meeting

A.	ID 15-646 Monica Jones regarding a complaint on Animal Control and Code Enforcement.

AIS

Nont present

motion a-p pulling D and E for separeta

Joey Hawkins motioned, Kevin Roden seconded to adopt A. ID 15-646 Monica Jones regarding a complaint on Animal Control and Code Enforcement. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

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).

AIS

Exhibit 1-Evaluation and Ranking Sheet

Exhibit 2-Ordinance

Exhibit 3-Contract

D.

ID 15-579 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 Electric Fund of ten million dollars ($10,000,000) for the purpose of paying off outstanding debt, and the Materials Management Fund of two million seven hundred thousand dollars ($2,700,000) for the purpose of purchasing additional material inventory related to increased capital construction throughout the city; declaring a municipal purpose; providing a severability clause, an open meetings clause and an effective date.  The Audit/Finance Committee recommends approval (3-0).

AIS

Exhibit 1 - Ordinance

Chuck Springer Item D and E. Item d was a budget amendment fro two departments 0 materials management increase cip lare dollar amount for warehouse for inventory. ameindg budget to cover warehouse purchases and sales for cip. second amending dme operating budget for use of these funds to pay down some of the tmpa debt as opposed to cash. mayu not meed all of the dollars but wanted to be sure had enourgh

Greg Johnson motioned, Joey Hawkins seconded to adopt D. ID 15-579 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 Electric Fund of ten million dollars ($10,000,000) for the purpose of paying off outstanding debt, and the Materials Management Fund of two million seven hundred thousand dollars ($2,700,000) for the purpose of purchasing additional material inventory related to increased capital construction throughout the city; declaring a municipal purpose; providing a severability clause, an open meetings clause and an effective date. The Audit/Finance Committee recommends approval (3-0). On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

E.

ID 15-580 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $40,860,000 in principal amount of "City of Denton General Obligation Refunding Bonds, Series 2015" (including up to $17,645,000 for Electric Fund activities, up to $17,410,000 for Water Fund Activities, and up to $5,805,000 for Wastewater Fund activities); authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject.  The Audit/Finance Committee recommends approval (3-0).

AIS

Exhibit 1 - TMPA Resolution No. 2012-7-8

Exhibit 2 - CABS Detail for Denton

Exhibit 3 - Preliminary GO Refunding Analysis

Exhibit 4 - Draft Preliminary Official Statement

Exhibit 5 - Ordinance

springer item e authorizied refunding bods for uility system. one refinancing tmpa debt due in upcoming fisacl year. take 10 mill plys 3 mil in bonds refinance to 2024 to level out impact on rate payers. majority was utility bonds issued in 2005-2006 which can be refinanced. debt schedule the same reduces interest. total savings over 3 million.

Kevin Roden motioned, Greg Johnson seconded to adopt E. ID 15-580 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $40,860,000 in principal amount of "City of Denton General Obligation Refunding Bonds, Series 2015" (including up to $17,645,000 for Electric Fund activities, up to $17,410,000 for Water Fund Activities, and up to $5,805,000 for Wastewater Fund activities); authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; and enacting other provisions relating to the subject. The Audit/Finance Committee recommends approval (3-0). On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

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.

AIS

Exhibit 1 Ordinance

A.

ID 15-624 Consider nominations/appointments to the City’s Boards and Commissions:  Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment.

AIS

Exhibit 1 - Nominations Sheet

all but two borads amin and zba

Kevin Roden motioned, Greg Johnson seconded to adopt A. ID 15-624 Consider nominations/appointments to the City's Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

wazny - her nomination licened practicing vet long tim resident and volunteered for positon

Kathleen Wazny motioned, Keely Briggs seconded to adopt A. ID 15-624 Consider nominations/appointments to the City's Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. On roll call vote, Keely Briggs "aye", and Kathleen Wazny "aye". Kevin Roden "nay", Greg Johnson "nay", Joey Hawkins "nay", and Dalton Gregory "nay". Motion failed.

Kevin Roden motioned, Joey Hawkins seconded to adopt A. ID 15-624 Consider nominations/appointments to the City's Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

Kevin Roden motioned, Greg Johnson seconded to adopt A. ID 15-624 Consider nominations/appointments to the City's Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

Kevin Roden motioned, Greg Johnson seconded to adopt A. ID 15-624 Consider nominations/appointments to the City's Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", and Dalton Gregory "aye". Keely Briggs "nay", and Kathleen Wazny "nay". Motion carried.

joey - good attendance and reappointment. motion to appoint

wazny- only way to look at candidate #2 is #1 does not pass johnson - not saying one better than the other simply indicating one reappointmeth no missed and willing to continue. briggs - her nomination was mcmullen

B.

DCA14-0009j Consider adoption of an ordinance amending Subchapters 5, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009j). The Planning and Zoning Commission recommends approval (7-0), with amendments.

AIS

Exhibit 1 Gas Well Ordinance - clean version

Exhibit 2 Gas Well Ordinance - redline version

Darren Groth, Gas Well Administrator, presetned the details regaridng the gas well ordinance revisions. outline pz and council summary, posted draft ordinance, remanded to pz which reocmmended approval with amendments. significant discussion during both hearings. resisions reulsting form stakeholder comments, public input, and both pz an dcouncil deliberations resulted in an draft ordinance posted online on friday, 7.13.15. posted draft ordinance, setbacks based on discussions, redline and clean drafts poublished in council council;s agenda materials, ch changes from current ordinance - prominent changes-DDC sesction 35.3.10 - new section added to zoning chanpter od DDC. zoning setbakcs simplieied..... presented new site setbakcs. setbacks were measured from edge of the gas well development site pad boundary. GWDSP requireed fo rnew wells, presumptive size limit of 3 cacres unless proved bu yby operator. constructed site erified through an as-built . setback reductinos request, wasivers for 100% of proptected uses, approval from board of adjusment or adminstraite relief if..... Denitions added or modified tonensure clern, consistent descriptins. siginificat new notification provisions - new signage requriemetns to enruse sites were clearly marked fo rth enenefit of the public, city and property noticies for various acitivies, property purchzse notices in site proximity.

redeisgend sound mitigation procedures that require professionals qualified in noise mitigation to submit a noise management plan. Enhanced stadards if setback distances were reduce. production monitoring that stiuplates periodic evlauations to determine if onsite equipement was function as designed.

hawkisn - detail measure from edge of well site rather than well head. DG 0 taking measurements from well head get changing distance for calcuations. from boundary rotected movement of wells and having a site setback protecting all of the noises from the site that were away from the well head. hawkins - how ebenfit property owner DG o clear deliniation of measurement rather than changing measurements.

roden - comments represent changes as major retreat from previous ordinance. as he saw ait, was not a retreat but a better ordinance. prior to this amendment, current setback for new wells DG 0 2013 ordinance 1200 for every well Roden - sugested 1000 in certain caterotie minimun setback reserve setbacks for 2013 ordinance. DE 250 feet but problem with applicaiton sites predate 2013 ordinance. this change wil lprovide same sepapations from existin site and new sites of 250 feet.

roden - five first responders 300 foot buffer - acutally effective setback of 300 feet. DG - practice in response to emergency permitere of 300 feet. this addressed their guidelines but 300 build area. within property use rear setback and internal setbaks 300 separation for eqauipement that procude or store flamable materials. Rodne - noficiation requeismtent in 2013 DG - confusing larnague on notice were sent. added clarifications signage at location, applicaiton requriement not in prior ordinance opportunity surrounding properties for site applicaiton, newspaper notifiaction, site notifiaction reauriement and clarification for actual activity on the site. allow opeator to notify residents more freuently. roden - not just property owners DG 0 correct dwelling so renters would also be notified. Roden = sound engineer new DG 0 sound engeer indentiy for operator and city steps must take to ensure ambient level was belign followed.nose managmeent plan wold address the levels and p;rovide mtigation standards.

roden - production monitoring that was new DG - evaluation done of the equiment at each site to ensure it was operating within corret standards. Wazny - renters and notification - notice with any type of production would go to the property so renter would be notified. waiver proprety owner have authority for waiver and not the renter. hawkins - access and trasnportation plan DG - had before but using plan now to identify site access not from neighborhood street. briggs - waivers and notification - by moving into the well, autormiatice.........waiver DG - waivers form 100% of proptected uses - ask for a signed letter from each protected use. if developed up to reservse setback - don't have to go back for signed waiver.

hawksin ghouse to gas well for 250 setback . if another well setback would be 250. Dg - if operator if not industrial iste plan at the location 500 feet but opportunities to reduce. ..........

Speaker cards Larry Beck - Tofier Jones Ed Ireland- overall in favor but parts opposed Roden - commercially reasonable - might be within a clty - might not work in one area of city as opposed to another portion of the city. eI - HW 40 did not speficy between municiaplaities - depaened on how intprepreted. Randy Sorrells - bobby Jones - gilbert norton walt lindrose - chris roseprim - favor branden finley - opposed Altea Tomas

johnson - conflict of interest issues anita - looked at length and issued an opinion no conflict underthe provisions of state law and charter and ordinances.

hawkisn - johnson high standard character and frustrated over allegations. Jeff hargrave - oppostion as to natural gas storage roden - what portion of ordinance would affect their operation. jargrave - pad site was less than 2 acres. 1000 feet from put in other neighborhood. roden - represent correctunderstanding for atmos site DG - would include those types of wells so if drill new well would requrie a permit. one provision notifications - not measuirng from a site no site plan no new requirements continuing operations as currently doing. roden- staff work with atomos to understnad the issues for porivison for them. Carol Soph

DG - could operate as is only apply if something changes. should be no conflict iwth current operations.

dalton - moratorium expires in a couple of weeks and have nothing posted to extend which means some action has to take place at this meeting. in future, may have to do revisions as situations arise. on going work that would have to be done

johnson as relates to atmos - same kind of operation putting gas into storage DG - use a formation underground to store the gas. johnson - ordinance apply to them as not harvesting naturla gas through traditional means. have staff conservation if that even applies. gregory - could consider adjustments following those discussions.

Carol Soph - opposed Ed Soph - opposed briggs - difference betwewen 330 and 300 feet paulsgrove isolation 330 feet for flamable feet as industry use 300 as an isolation distance - Jennifer Lane - Ron Siefert cindy Spoon Roden - comments for Gas well admin to allow for variance. conditions authorized to grant variance DG - allow for administrative variance to reduce setback in event operator willing to restrict two of three sites and would be recorded. specific calculation ability to reduce 50% and if both 500%. rather than waiver for three sites would reduce to one site. roden - end result fewer new wels on multiple sites. would like this use to be in industrial/commerical uses DG - yes wazny mpc pd if approved have own set of rules. on ly way have to conform to new resgs if asked fo rchange in mpc or pd. If new mpc wold have to conform to rules. Tara Lin Hunter-

Tara Lin Hunter - opposed Roden-notification - variances renter of property waive certain rights on behalf of property owner anita - concern was one of standing - who woul dhave standing to effect waivers on behelf of the property. as looked would need to be the propert yowners, renter could not do it on behalf of the property owner. Johnson - notivies will go to current resident - Gregory - may be amendment on notification timneline - if too far in advance people ignore it or forget. may be optimal times Johnson - operators will always ask for variance to get to protected use - why. TLH-whereever profit to be made will go for it. Jodi isert

Debra Isert- Laurie Larson - Briggs - why go to zba Anita - ordinance was unique as it crafted as a zoning ordinance. put the variance process into the zba to follow state law which indicates go to zba and not to council. briggs - types of pits allowed DG - requirement for pits if not fresh water would not meet the requriements. gregory - why in zoning code anita - denton early 2000 gas well drilling was approached with gas well plats which were required. craft ordinance droilling to assist probelms with plats. Kelly Barr - hawkins 0 he 40 struggle was to not take away rights of propert yowners who want to develop property but large setbacks take large chuncks of the property. any other measure could do with notification process. barr - reduce reqruiemenet no notification befroe 20 days - allow for advance notification Rosemary Candelerria - Debra Armitor- Earl Bates -

Comment cards Sandra kelly - opposed michael Hennin?? Lori Holdshaw-opposed -------- sue smith - john goodman-opposed ellis - opposed trap---- rhonda love - opposed Adam Briggle Justin LImits - opposed diane robinson

roden- reverse setbakc issue was difficult cannot regulage industry as want to due to State legislature. question regaridng fire marshal comfort level as proposed - 300 foot zone clarify proposed 250 foot reverset setback effective 300 foot setback for a buffer zone for combustable sources . fire marshal comformatlbe iwth 300 feet paulsgrove - ordinance had effective 300 feet that achieves their 300 foot minimum. options to reach that depending on where measured from. included putting conbustable put futher to center of pad or pushing develpoment structure back further onto lot that would encroch the zone. effecitvely achieved the 300 foot goal.

Anita - act on the subsittute cover ordinance and in addition, prepared and clearned up the sections in the underlying ordinance consistence with saw earlier. look as package and subistute in motion.

briggs - postpone until mayuor was here as need full council to vote on the prpoosal.. motion died to lack of second. hawkins - DG 0 proposal for protected use and for equipemetn wazny- mort expires in 2 weeks time and have to get something on books before midnight. Johnson - ijportant to remember that council checks personal opinions and goals at the door and make decsion based on all of the citizens of denton. council had to deal wtih palying fleld that it had and think of everyone in the city and not just those at the meeting. somewhere lost the idea of citiv disagreement, called many different names, etc. and request that those are tatics that peopole doen't want to listen to when done that way.

roden approve as contained in submsttiation and supplemental packets. and with substituted cover ordinance.

briggs - amendment - notification mimimum 20 days and 2 days - change 30 to 10 days and if wan to do before 30 ok. johnson - thought notice was for major activities not maintenance Leal - section 35227 c1-2 roden - cite specific seciton want to amend so don't have unintended consequences. gregory - motion to amend 35.22.7 parg c section 1 and 2. Briggs - howeonever need more than 2 days to frack or refrack a well that was her intention.

Wazny - worried about untended consequence of such an amendment = many people studied all aspects of the ordinance. until have time to study work in progress. not time to put in amendments at this time. gregory - understnad unintended consequences. anita - information form industry regarding the time frame and concern about the time frames - reasons for times presented.

leal - when operator contract third party and delay occur is push notices so far out, then have to start over with notificaiton process and delys ability to do what was needed. gregory - factors might delay notice within this period of time start activity and if not within winndow of time then have to redo notice. rodn e- have to do percise dates rather than window unclear at this point. briggs - motion to varo recovery units as described in fort worth ordinance. not in curren toridnance so no reference point. their orindance Anita - did not know when ft. worth added the provision - might be pre rquriements from had serious concerns that was preempted per law. died for lack of a second. Briggs change reverse setbaks to 300 feet except for commercial 35.5.10.2b - 1C roden - topic was dicussed at several meetings - much work to be done to do that and get fire marshal inovlved and maktain 250 general setback. given fire chief comformtable iwth setbak was ok briggs - understnad recommended but if 330 had extra safety. Anita - worked extensively with fd provision woudl requrie meting of 250 setback as measure to section of briggs reference or greater 300 in other section F. have overlayed that requriemement over that larger setback would be met. died for lack of a second. motion to suspend rules to allow maor pro tem to motion or second a motion.

Keely Briggs motioned, Kevin Roden seconded to amend B. DCA14-0009j Consider adoption of an ordinance amending Subchapters 5, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009j). The Planning and Zoning Commission recommends approval (7-0), with amendments. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

Joey Hawkins motioned, Keely Briggs seconded to amend B. DCA14-0009j Consider adoption of an ordinance amending Subchapters 5, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009j). The Planning and Zoning Commission recommends approval (7-0), with amendments. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

brigg s- increase permit fee from 1700 to 3250 as 2009 decatorer ordinance. Anita 0 not in consideration at this meeting.fees not included in the ordinance. fees need to be consistentwith work performed. died for leack of second.

briggs- rquired electric motors instead of diesel. roden - writin in context of HB 40 which states what city can and can't reguolate - would that fall under surface activity Anita - idea of elecric motors was heard for many months - also pz looked at and staff did extensive reserach to look at kind of capacity available to run generators. not a consistent load. pz made determination to not carry issue forward and not recommendation to countil. hearing electrid motores create a different kind of noise which may or may not solve the issue. felt entitieled to regulate noise issue tried to creaft ot set a standard howsoevery it could be done. gregory- briggs intent to regulate no diesel motors and electirc atempt to mitigate noise or emissions. briggs - both gregory - can do for noise but not sure of other

motioned died for lack of second.

Kevin Roden motioned, Greg Johnson seconded to adopt B. DCA14-0009j Consider adoption of an ordinance amending Subchapters 5, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009j). The Planning and Zoning Commission recommends approval (7-0), with amendments. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Keely Briggs "nay". Motion carried.

roden - previous work session noise ordinance in downtown - update on that. roden - national night out question for agenda committee changing date or have a short meeting. 1st tuesday in october. october 6th meeting. briggs left the meeting. adjourn 11:001

A.

Z15-0013 Hold a public hearing and consider a rezoning from a Neighborhood Residential 4 (NR-4) district to a Community Mixed Use General (CM-G) district on approximately 8.04 acres of land generally located on the west side of Teasley Lane (FM 2181), approximately 600 feet north of Hickory Creek Road.  The Planning and Zoning Commission recommends approval (5-0).

AIS

Exhibit 1 - Planning and Zoning Commission Report

Exhibit 2 - Site Location-Aerial Map

Exhibit 3 - Zoning Map

Exhibit 4 - Future Land Use Map

Exhibit 5 - ESA Map

Exhibit 6 - NR-4 Permitted Uses

Exhibit 7 - CM-G Permitted Uses

Exhibit 8 - Applicant Narrative

Exhibit 9 - Public Notification Map

Exhibit 10 - July 8, 2015 Planning and Zoning Commission Meeting Minutes

Exhibit 11 - Draft Ordinance

Aimee Bissett, Director of Planning and Development, presented the details of the proposal. This was a rezoning for a sprouts shopping center. She presented the current zoning, proposed zoning, future land use map, and background of the proposal. Considerations included residential growth, mobility plan, FEMA Floodplain, Teasley widening. Reviewed the criteria for approval which the proposal met. recommendation pz and staff recommend approval.

jowey - only doing zoning at this meeting AB - correct Roden- eta for completion winklemann - hope to have completed in sept. Mayor opened th epublic hearing. no speakers closed public hearing.

Joey Hawkins motioned, Kevin Roden seconded to adopt A. Z15-0013 Hold a public hearing and consider a rezoning from a Neighborhood Residential 4 (NR-4) district to a Community Mixed Use General (CM-G) district on approximately 8.04 acres of land generally located on the west side of Teasley Lane (FM 2181), approximately 600 feet north of Hickory Creek Road. The Planning and Zoning Commission recommends approval (5-0). On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

B.

Z15-0018 Hold a public hearing and consider a rezoning from a Neighborhood Residential 2 (NR-2) district to Community Mixed Use General (CM-G) district on approximately 1.7 acres of land generally located on the east side of North Bonnie Brae Street, approximately 475 feet north of West University Drive (U.S. 380).  The Planning and Zoning Commission recommends approval of the request (5-0).

AIS

Exhibit 1- Planning and Zoning Commission Report

Exhibit 2 - Site Location-Aerial map

Exhibit 3- Zoning Map

Exhibit 4 - Future Land Use Map

Exhibit 5- NR-2 Permitted Uses

Exhibit 6 - CM-G Permitted Uses

Exhibit 7- Applicant Narrative

Exhibit 8- Public Notification Map

Exhibit 9- July 8, 2015 Planning and Zoning Commission Meeting Minutes

Exhibit 10- Draft Ordinance

Aimee Bissett - Director of pLannig and Development, prsented the details on the proposal. NOrth lakes shopping center presented location, presented exinsting an dproposaed zoning, future land use map, reviewed consdiseration of the property. criteria for approval which the property met. pz an staff recommend approval.

Teh mayhor opened the public hearing. No speakers. closed

Joey Hawkins motioned, Kathleen Wazny seconded to adopt B. Z15-0018 Hold a public hearing and consider a rezoning from a Neighborhood Residential 2 (NR-2) district to Community Mixed Use General (CM-G) district on approximately 1.7 acres of land generally located on the east side of North Bonnie Brae Street, approximately 475 feet north of West University Drive (U.S. 380). The Planning and Zoning Commission recommends approval of the request (5-0). On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.

C.

Z15-0014 & S15-0005 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an initial zoning district and use classification of Neighborhood Residential 1 (NR-1) and a Specific Use Permit (SUP) for a Semi-Public Hall, Club, or Lodge. The approximately 10.8 acre site is generally located on the east side of Barthold Road and approximately 2700 feet south of Ganzer Road; adopting an amendment to the City’s official Zoning Map and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z15-0014 and S15-0005).  The Planning and Zoning Commission recommended approval of this request (5-0), subject to conditions.

AIS

Exhibit 1- Staff Analysis

Exhibit 2- Aerial Map

Exhibit 3 - Zoning Map

Exhibit 4 - Future Land Use Map

Exhibit 5 - Permitted Uses in Neighborhood Residential 1

Exhibit 6 - Permitted Uses in Rural Residential

Exhibit 7- Site Plan

Exhibit 8 - Public Notification Map

Exhibit 9 - July 8, 2015 Planning and Zoning Commission Meeting Draft Minutes

Exhibit 10 -  Draft Ordinance

Aimee Bissett, Director of Planning and Development, presented the details of the proposal. She indicated that the inditial zoning and sup Denton shop with a cop, denton pd assoc where officers on duty durihng meal breaks. presented the location of the propsoal, current zoning, surrounding zoning, surrounding land uses, future land usesl proposal was to use the property for officers for daily meal breakd during working hours general membership meetings which was not permitted in rd-5X. Site had an exisitn gsturcutr ewill remain, with the additon of a 400 feet for restroom,s if appoved the site must comply with applicble ddc requriements fo a bulding permit.

reviewed criteria for apporval whcih the propoesal met and the criteria for the specific use permit whcih the proposal also met. recommendation staff recommended subjec to conditions and pz with conditions. see AIS.

opened public hearing. Virginia Nickols - spoke in favor. clsoed public hearing

Greg Johnson motioned, Kathleen Wazny seconded to adopt C. Z15-0014 & S15-0005 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an initial zoning district and use classification of Neighborhood Residential 1 (NR-1) and a Specific Use Permit (SUP) for a Semi-Public Hall, Club, or Lodge. The approximately 10.8 acre site is generally located on the east side of Barthold Road and approximately 2700 feet south of Ganzer Road; adopting an amendment to the City's official Zoning Map and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z15-0014 and S15-0005). The Planning and Zoning Commission recommended approval of this request (5-0), subject to conditions. On roll call vote, Kevin Roden "aye", Greg Johnson "aye", Joey Hawkins "aye", Keely Briggs "aye", Dalton Gregory "aye", and Kathleen Wazny "aye". Motion carried unanimously.