City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, June 17, 2014 2:00 PM Work Session Room & Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 17, 2014 at 2:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for June 17, 2014. 3. Work Session Reports A. ID 14-0184 Receive a report, hold a discussion, and provide direction on proposed revisions to the City of Denton Strategic Plan. Attachments: Exhibit 1 FY 2013-14 Strategic Plan Exhibit 2 Strategic Plan 6.3.14 (redline copy) Exhibit 3 Strategic Plan 6.3.14 (clean copy) Exhibit 4 FY 2014-15 Strategic Plan Update June 2014 Council Discussion B. ID 14-0225 Receive a report, hold a discussion and give staff direction regarding the design and construction of a west side runway at Denton Enterprise Airport. [ID 14-0222] Attachments: Exhibit 1 Grant Request 2011-05-27 Exhibit 2 Project Cost Estimate C. ID 14-0245 Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2014-15 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. Attachments: PowerPoint Presentation D. ID 14-0259 Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for the construction of a Hotel and Convention Center on approximately thirteen acres of land located along Interstate 35 on University of North Texas property. [ID 14-0209] Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. City of Denton Page 1 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 1. Closed Meeting: A. ID 14-0193 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 information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the R.B. Longbottom Survey, Abstract Number 775, City of Denton, Denton County, Texas, and generally located northwest corner of State Highway Loop 288 and Audra Lane. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P26 - Geesling Gassaway County, Inc.) [ID 14-0195] B. ID 14-0196 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 information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally located on the west line of North Loop 288, north of US Highway 380 (University Drive). Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski) [ID 14-0197] C. ID 14-0198 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 information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas, and generally located generally on the west line of North Loop 288, south of Kings Row. Consultation with the City’s attorneys regarding legal issues City of Denton Page 2 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project Parcel P35 - Kim Property Revocable Living Trust) [ID 14-0199] D. ID 14-0203 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 information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the S. McCracken Survey, Abstract Number 817, City of Denton, Denton County, Texas, and generally located on the north east corner of N Loop 288 and Stuart Road. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition 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. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel C9 - Stuart Property Trust, Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man) [ID 14-0202] E. ID 14-0254 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 1300 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements Project: Parcel M026 - Habib Pyarali Arab) [ID 14-0251] F. ID 14-0257 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. City of Denton Page 3 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 1300 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements Project: Parcel M029 - JNJ Prominence Square, LP) [ID 14-0253] G. ID 14-0258 Deliberations regarding Consultation with the City 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 proposed amendments to the economic development incentive agreement for Golden Triangle Mall. This discussion shall include commercial and financial information the City Council has received from Golden Triangle Mall 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 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 14-0255] H. ID 14-0267 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 information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the W. Roark Survey, Abstract No. 1087, J. Severe Survey, Abstract 1164, B.B.B. & C.R.R. Co. Survey, Abstract No.196 and the J. W. Withers Survey, Abstract No. 1343, all in Denton County, Texas, generally located along a line running west to east, commencing at U.S. Highway 377 adjacent to the Fort Worth Drive Substation and continuing to the west right of way line of F. M. 1830 City of Denton, Texas. 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. (Denton Municipal Electric Fort Worth T1 City of Denton Page 4 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.)[ID 14-0268] I. ID 14-0269 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally in the 1000 block of South Mayhill Road. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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. (Mayhill Road Widening and Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased) [ID 14-0270] J. ID 14-0243 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas, located generally in the 500 block of North Mayhill Road, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced 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 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 proceedings or potential litigation. (Mayhill Road Widening and Improvements project: Parcel 70 - 551 Mayhill Joint Venture) [No Action Item on Regular Agenda] K. ID 14-0242 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located in the A. Tompkins Survey, Abstract Number 1246, Denton County, Texas, located generally in the 1800 block of South Bonnie Brae Street, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests City of Denton Page 5 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 referenced 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 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 proceedings or potential litigation. (Bonnie Brae Street Widening and Improvements project: Parcel 18 - Thomas) [No Action Item on Regular Agenda] L. ID 14-0262 Consultation with Attorneys - Under Texas Government Code, Section 552.071. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with Gas Well Ordinance 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; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance; and legal matters associated with a citizen’s initiative 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. M. ID 14-0274 Consultation with Attorneys - Under Texas Government Code, Section 552.071. Consult with City’s attorneys regarding litigation styled Shaklee v. City of Denton, Cause No. 2013-20132-158, currently pending in the 158th District Court, Denton County, Texas where 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. N. ID 14-0279 Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Deliberations regarding Consultation with the City Attorney - Under Texas Government Code, Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code, Section 551.087. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the sale of real property interests locacted in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas. Receive a report and hold a discussion regarding negotiations for a potential transaction. This discussion shall include commercial and financial information the City Council may receive from the property owners which the City seeks for the public use of expansion, construction, maintenance, replacement, operation, augmentation and improvement of electric transmission and distribution lines, facilities and structures, as well as substations, (herein the “DME Expansion Project”). 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. City of Denton Page 6 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – Q). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – Q below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 14-0195 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counter offer from Gassaway Property Trust (“Owner”), made by its Trustee, Geesling Gassaway County, Inc., a Nevada Corporation, for the purchase by the City of an electric Utility Easement encumbering a 2.9001 acre tract of land situated in the R.B. Longbottom Survey, Abstract No. 775, City of Denton, Denton County, Texas (“Property Interest”) for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission City of Denton Page 7 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 and distribution lines, facilities, structures, and substations for the purchase price of Five Hundred Eighty Eight Thousand, Four Hundred Ninety Six Dollars and Eighty Eight Cents ($588,496.88), authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: P26 - Geesling Gassaway County, Inc.) Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance B. ID 14-0197 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from Edward F. Wolski for the purchase by the City of an electric utility easement encumbering a 6.8289 acre tract of land being generally situated in the Caswell Carter Survey, Abstract Number 275, and in the Daniel P. Culp Survey, Abstract No. 287, both in the City of Denton, Denton County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the price One Million, Seven Hundred Fifty Three Thousand, Seven Hundred Twenty One Dollars and Fifty Eight Cents ($1,753,721.58); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel P33 - Edward F. Wolski) Attachments: Exhibit 1 Location Map Exhibit 2 Ordinance C. ID 14-0199 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a Counteroffer from Kim Property Revocable Living Trust, a Texas Revocable Living Trust, for the purchase by the City of an Electric Utility Easement encumbering a 0.8052 acre tract of land being generally situated in the Daniel P. Culp Survey, Abstract No. 287, City of Denton, Denton County, Texas for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations for the purchase price of One Hundred Ninety Six Thousand One Hundred Eighty Seven Dollars and Forty Four Cents ($196,187.44); authorizing the expenditure of funds; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel 35 - Kim Property Revocable Living Trust) Attachments: Exhibit 1 Location Map Exhibit 2 Ordinance D. ID 14-0202 Consider adoption of an ordinance authorizing the City Manager or his designee to accept a counteroffer from Stuart Property Trust and Edward F. Wolski for the purchase by the City of an Electric Utility Easement encumbering a 1.175 acre tract of land and a Temporary construction easement encumbering a 0.562 acre tract of land both being generally situated in the S. McCracken Survey, Abstract No. 817, City of Denton, Denton County, Texas, for the public use of expansion, construction, operation, maintenance, augmentation, and improvement of electric transmission and distribution lines, facilities, structures, and substations and the City of Denton Page 8 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 purpose of access, staging of materials and equipment, construction and grading activities relating to the expansion construction, maintenance, augmentation, operation and improvement of electric transmission and distribution lines, facilities, and structures, respectively, for the purchase price of Two Hundred Twenty One Thousand Five Hundred Twenty Seven Dollars and Twenty Six Cents ($221,527.26); authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric 69kV Spencer to Denton North Interchange Transmission Line Upgrade Project: C9 - Stuart Property Trust, Sherman County Inc., a Nevada Corporation, as Trustee and Edward F. Wolski, a married man) Attachments: Exhibit 1 Location Map Exhibit 2 Ordinance E. ID 14-0222 Consider approval of a resolution approving and accepting a grant from the State of Texas, in an amount not to exceed $7,000,000, for design and construction of a west side runway at Denton Enterprise Airport and authorizing the City Manager, or his designee, to execute on behalf of the City of Denton all contracts, agreements and documents associated with the implementation of the said grant; and providing for an effective date. Attachments: Exhibit 1 - Resolution Exhibit 2 - Runway Cost F. ID 14-0237 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for Dry Auger Boring Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5419-awarded to Mabak Directional Drilling, Inc. in the not-to-exceed amount of $3,616,897). The Public Utilities Board recommends approval (5-0). Attachments: 5419-Exhibit 1 Evaluation and BAFO.xls 5419-Exhibit 2 Pricing Sheet.pdf 5419-Exhibit 3 PUB Minutes.pdf 5419-Exhibit 4 Ordinance signed.pdf G. ID 14-0238 Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Three to the contract between the City of Denton and FCS Construction, LLC for the excavation and construction of Landfill Cells 4AB and 5; providing for the expenditure of funds therefor; and providing an effective date (RFP 5256-Change Order Number Three in the amount of $68,420 for a total contract amount not-to-exceed $3,078,382.64). The Public Utilities Board recommends approval (5-0). Attachments: 5256-Exhibit 1 Change Order Three.pdf 5256-Exhibit 2 PUB Minutes.pdf 5256-Exhibit 3 Ordinance Signed.pdf H. ID 14-0239 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for consulting services related to the establishment of a regional Municipal Settings Designation for the City of Denton; providing for the expenditure of funds City of Denton Page 9 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 therefor; and providing an effective date (RFQ 5513-awarded to Modern Geosciences, LLC in the not-to-exceed amount of $185,100). Attachments: 5513-Exhibit 1 Evaluation and Ranking sheet.pdf 5513-Exhibit 2 Signed contract.pdf 5513-Exhibit 3 Ordinance Signed.pdf I. ID 14-0240 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of eleven (11) light duty vehicles for various City of Denton Departments; providing for the expenditure of funds therefore; and providing an effective date (Bid 5557-awarded to the lowest responsible bidder meeting specification, James Wood Autopark in the amount of $407,131). The Public Utilities Board recommends approval (5-0) for the utility vehicles. Attachments: 5557-Exhibit 1-Bid Tabulation.pdf 5557-Exhibit 2 Local Preference Resolution.pdf 5557-Exhibit 3-James Wood Local Preference.pdf 5557-Exhibit 4 Vehicle List.pdf 5557-Exhibit 5 PUB Minutes.pdf 5557-Exhibit 6 Signed Ordinance.pdf J. ID 14-0244 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on both sides of Oakland Street from its intersection with Hickory Street to its intersection with Oak Street, providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. The Traffic Safety Commission recommends approval (3-1). Attachments: Exhibit 1 Ordinance Exhibit 2 Site Map Exhibit 3 Photos Exhibit 4 May 6, 2013 Traffic Safety Commission Minutes K. ID 14-0246 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Black Chamber of Commerce; authorizing the expenditure of funds; and providing for an effective date. ($1,200) Attachments: Exhibit 1 Ordinance Exhibit 2 Agreement L. ID 14-0247 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Texas Filmmakers Corporation for the purpose of expense for the 2014 ThinLine Festival; authorizing and ratifying the expenditure of funds; and providing for an effective date. ($2,050) Attachments: Exhibit 1 - Ordinance Exhibit 2 - Agreement M. ID 14-0248 Consider adoption of an ordinance of the City of Denton authorizing an agreement City of Denton Page 10 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 between the City of Denton, Texas and Interfaith Ministries; authorizing the expenditure of funds; and providing for an effective date. ($1,300) Attachments: Exhibit 1 - Ordinance Exhibit 2 - Agreement N. ID 14-0250 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Highland Street Sanitary Sewer Line and Drainage Improvements for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 5535-awarded to the lowest responsible bidder meeting specification, Quality Excavation, LTD, in the amount of $357,390.80). The Public Utilities Board recommends approval (4-0). Attachments: 5355-Exhibit 1 Location Map 5535-Exhibit 2 Tabulation Sheet 5535-Exhibit 3 PUB Minutes 5535-Exhibit 4 Signed Ordinance O. ID 14-0268 Consider adoption of an Ordinance finding that a public use and necessity exists to acquire (i) fee simple to an approximate 1.074 acre tract (the “Substation Tract”) located in the W. Roark Survey, Abstract No. 1087 and the J. Severe Survey, Abstract No. 1164, both in Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and east of the Fort Worth Drive Substation Addition, and (ii) fee simple to an approximate 0.627 acre tract (the “Pump Station Tract”) located in the B.B.B. & C. R. R. Co. Survey, Abstract No. 196 and the J. W. Withers Survey, Abstract No. 1343, both in Denton County, Texas, generally located west and adjacent to the G. C. & S. F. Railroad right of way and running to the west right of way line of F. M. Highway 1830, and (iii) an approximate 0.476 acre ingress and egress easement tract located in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, located generally along the east line of U. S. Highway 377 adjacent to and south of the Fort Worth Drive Substation Addition, Denton County, Texas, and (iv) an approximate 1.802 acre electric utility and communication easement located in the W. Roark Survey, Abstract No. 1087, Denton County, Texas, located generally east of the Ft. Worth Drive Substation Addition and running to the west line of a tract of land owned by Connie M. Altemus, called 37.87 acres in deed recorded in Volume 901, Page 777, Deed Records, Denton County, Texas, (the “Altemus tract”) and (v) an approximate 1.793 acre temporary construction and access easement located generally east of the Fort Worth Drive Substation Addition and running to the west line of the Altemus Tract, contiguous with and adjacent to, along the northern line, of said electric utility and communication easement located generally east of the Ft. Worth Drive Substation Addition and running to the west line of the Altemus tract; for (A) as concerns the Substation Tract, ingress and egress easement, electric utility and communication easement and the temporary construction and access easement, the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures; and (B) as concerns the Pump Station Tract, the public use of a wet weather pump station and detention facility project (the “Hickory Creek Detention Facility”); authorizing the City City of Denton Page 11 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 Manager or his designee to make an offer to Burch Family Farms, Ltd. (the “Owner”) to purchase the property interests for the purchase price of Thirty Six Thousand Dollars and No Cents ($36,000.00), and other consideration, as prescribed in the Purchase Agreement, (the “Agreement”) as attached to the ordinance and made a part thereof; authorizing the expenditure of funds therefor; and providing an effective date. (Denton Municipal Electric Fort Worth T1 Addition Expansion, Denton Municipal Electric Fort Worth Drive and FM 1830 Distribution, and Hickory Creek Detention Facility projects: Burch Family Farms Ltd.) [ID 14-0267] Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance P. ID 14-0270 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Purchase Agreement, by and between the City of Denton, Texas (“City”), as buyer, and John Fred Duncan and Benny Carl Duncan, Independent Co-Executors of the Estate of Eliza F. Duncan, deceased (collectively the “Owner”), as seller, to acquire fee simple title to a 1.364 acre tract situated in the M.E.P. & P.R.R. Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, and being generally located in the 1000 block of South Mayhill Road; for the purchase price of One Hundred Eighty Thousand Dollars and No Cents ($180,000.00), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached to the ordinance and made a part thereof as Exhibit “A”, (the “Property Interest”) authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements Project: Parcel M100 - Estate of Eliza F. Duncan, deceased) Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance Q. ID 14-0271 Consider approval of the minutes of May 5, 2014, May 6, 2014, May 13, 2014 and May 20, 2014. Attachments: Exhibit 1 May 5, 2014 Exhibit 2 May 6, 2014 Exhibit 3 May 13, 2014 Exhibit 4 May 20, 2014 5. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 14-0251 Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to a 1.398 acre tract; and (ii) slope easement, encumbering a 0.151 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 1300 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more particularly described on “Exhibit “A”, attached to the ordinance and made a part thereof, (collectively the “Property Interests”) authorizing the filing and prosecution of eminent domain proceedings to City of Denton Page 12 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Mayhill Road Widening and Improvements project: Parcel M026 - Habib Pyarali Arab) Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance B. ID 14-0253 Consider adoption of an ordinance finding that a public use and necessity exists to acquire through the exercise of the right of eminent domain (i) fee simple to a 1.251 acre tract; and (ii) slope easement, encumbering a 0.161 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 1200 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more particularly described on “Exhibit “A”, attached to the ordinance and made a part thereof, (collectively the “Property Interests”) authorizing the filing and prosecution of eminent domain proceedings to acquire the Property Interests; authorizing the expenditure of funds therefore; making findings; providing a savings clause; and providing an effective date. (Mayhill Road Widening and Improvements project: Parcel M029 -JNJ Prominence Square, LP) Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. Z14-0007 Continue consideration of an ordinance of the City of Denton, Texas, providing for a zoning change from a Downtown Residential 2 (DR-2) zoning district classification and use designation to a Downtown Commercial General (DC-G) zoning district classification and use designation; on approximately 0.184 acres, located on south side of West Oak Street approximately 104 feet west of the intersection of West Oak Street and Avenue B, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (6-0). City of Denton Page 13 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 Attachments: Exhibit 1 Staff Analysis 2 Exhibit 2 Location Map Exhibit 3 Zoning Map Exhibit 4 Proposed Zoning Map Exhibit 5 Future Land Use Map Exhibit 6 Applicant Letter Exhibit 7 Site Plan Exhibit 8 Notification Map Exhibit 9 Site Photos Exhibit 10 P&Z Minutes Exhibit 11 Ordinance B. ID 14-0255 Consider adoption of an ordinance of the City of Denton, Texas approving an amendment to an Economic Development Program Grant Agreement dated August 16, 2011 between the City of Denton and GTM Development, Ltd.; and providing an effective date. (Golden Triangle Mall Incentive). The Economic Development Partnership Board recommends approval (6-0). Attachments: Exhibit 1 GTM 2011-133 Exhibit 2 GTM letter Exhibit 3 Ordinance C. ID 14-0256 Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. Attachments: Exhibit 1 - Original EDP Ordinance 2003-258 7. PUBLIC HEARINGS A. ID 14-0209 Hold a public hearing and consider adoption of an ordinance designating and describing the boundaries of a Tax Increment Reinvestment Zone Three, City of Denton, Texas (“Convention Center TIRZ”); establishing the duration of the Zone; establishing a Tax Increment Fund; establishing a Board of Directors for the Tax Increment Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). Attachments: Exhibit 1 Ordinance B. SI14-0001 Hold a public hearing and consider adoption of an ordinance amending Ordinance No. 2014-137, which established a moratorium on the acceptance, processing and approval of certain applications for gas well permits for gas well drilling and production activities within the corporate limits of the City of Denton, Texas, and on applications for specific use permits, site plans, development plans of any nature or type, including applications for amendments to approved or pending gas well development plats or site plans, and on applications for Fire Code operational permits, as they relate to gas well drilling and production activities, by revising exemptions and variance procedures; making minor clarification changes; providing City of Denton Page 14 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 a cumulative clause; providing a severability clause; and providing an effective date. Attachments: Exhibit 1 Draft Ordinance Exhibit 2 Redlined Ordinance C. Z13-0013 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Rayzor Ranch Overlay District, consisting of 410 acres of land located on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street; specifically by defining and establishing permitted uses for a new RR-2A Subdistrict; enhancing and extending the applicability of existing stormwater quality standards for the district; authorizing limited clearing and grading of 99 acres prior to the approval of a final plat or construction plans, subject to certain prescribed restrictions; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof severability and an effective date. Planning and Zoning Commission recommended denial of the first portion of this request to create a new subdistrict (6-0) and recommended approval of the second portion of this request regarding clearing and grading with conditions (6-0). A supermajority vote of the City Council will be required to approve the first portion of this request. Attachments: Exhibit 1 - Staff's Analysis Exhibit 2 - Site Location - Aerial Map Exhibit 3 - Zoning Map Exhibit 4 - Future Land Use Map Exhibit 5 - Notice of Public Hearing Exhibit 6 - Site Photos Exhibit 7 - Ordinance 2010-158 Exhibit 8 - Ordinance 2011-225 Exhibit 9 - RR Mass Grading Permit Checklist Exhibit 10 - RR-2A Illustrative Site Plan Exhibit 11 - Project Narrative Exhibit 12 - Draft P&Z Minutes of the 5-21-14 Meeting Exhibit 13 - Proposed Ordinance 8. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 9. CONCLUDING ITEMS City of Denton Page 15 Printed on 6/13/2014 City Council Meeting Agenda June 17, 2014 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C E R T I F I CAT E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2014 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. City of Denton Page 16 Printed on 6/13/2014