City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, March 3, 2015 1:00 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, March 3, 2015 at 1:00 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 March 3, 2015. 3. Work Session Reports A. SI15-0002 Receive a report; hold a discussion and give staff direction on Planning and Development projects and priorities. Attachments: Exhibit 1 - Planning and Development Projects List Exhibit 2 - Staff Recommended Prioritization of Council Directed Projects Exhibit 3 - R2012-030 B. SI15-0001a Receive a report; hold a discussion, and give staff direction regarding proposed criteria for Tree Fund Expenditures and initial tree planting projects. Attachments: Exhibit 1 - Tree Fund Expenditure Criteria Exhibit 2 - Tree Expenditure Anaylsis Exhibit 3 - Tree Fund Management Parameters Exhibit 4 - KDB Arbor Day Expence Estimates Exhibit 5 - Analysis - Carl Young Exhibit 6 - Analysis - North Pointe Exhibit 7 - Analysis - North Lakes East Exhibit 8 - Analysis - North Lakes West Exhibit 9 - Analysis - South Lakes Exhibit 10 - Tree Code Update ISR 2015-017 C. SI15-0009 Receive a report, hold a discussion and give staff direction regarding recommended revisions to Chapter 33 (Signs and Advertising Devices) of the Denton Code of Ordinances to define and regulate political signs, consistent with the limitations imposed by Texas Local Government Code §216.903, and Texas Election Code §61.003 and §85.036. City of Denton Page 1 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 Attachments: Exhibit 1-Texas Local Government Code 216.903 Exhibit 2-Texas Election Code Section 61.003 Exhibit 3-Texas Election Code Section 85.036 Exhibit 4-Political Sign Ordinance Exhibit 5-Political Sign Power Point Presentation.pdf D. ID 15-189 Receive a report, hold a discussion, and give staff direction regarding the FY 2013-14 Comprehensive Annual Financial Report and annual audit. Attachments: Exhibit 1 CAFR Exhibit 2 Single Audit Exhibit 3 Auditor Letter 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. 1. Closed Meeting: A. ID 15-186 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss, deliberate, and receive further information regarding the purchase of certain real property interest located in and around the Township II area, and generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd. 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. (Township II Park Property Acquisition Project [Greenbelt Tracts 1,2,4] & [ID 15-187 Denton 68 Joint Venture]) B. ID 15-146 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Discuss, deliberate, and receive information from the City's attorneys pertaining to the legal consequences of negotiation and extensions of non-annexation agreements in areas of the City's extraterritorial jurisdiction, and provide the City's attorneys with direction, 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 or legal proceedings. City of Denton Page 2 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 C. ID 15-210 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 generally located in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, for the construction, expansion and use of electric power transmission lines. Consultation with the City's attorneys regarding legal issues associated with the acquisition of the real property interests in the area 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. (Pockrus/Teasley TM line)[ID-15-209] D. ID 15-196 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 a proposed economic development incentive agreement for Business Air (BAM Denton Management Ventures, LLC). This discussion shall include commercial and financial information the City Council has received from Business Air which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. E. ID 15-197 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 a proposed economic development incentive agreement for West Gate Business Park (WGBP Investments, LTD). This discussion shall include commercial and financial information the City Council has received from West Gate Business Park which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentive where the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. City of Denton Page 3 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 F. ID 15-192 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City’s attorneys regarding legal issues and strategies associated with the current Gas Well Ordinance, and proposed Gas Well Ordinance amendment, regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including: Constitutional limitations, statutory limitations upon municipal regulatory authority; statutory preemption and vested rights; impacts of federal and state law and regulations; impacts of gas well drilling upon protected uses and vice-versa; current and proposed extension to, moratorium on drilling and production; other concerns about municipal regulatory authority or matters relating to enforcement of the Gas Well Ordinance, both current and proposed; settlement matters concerning gas well drilling in the City; surface development issues involving surface and mineral estates; and legal matters associated with a citizen’s initiative ordinance and pending litigation styled Jerry Patterson, Commissioner, Texas General Land Office v. City of Denton Texas, Cause No. D-1-GN-14-004628 currently pending in the 53rd District Court of Travis County and Texas Oil and Gas Association v. City of Denton, Cause No. 14-09833-431 currently pending in the 431st District Court of Denton County regarding hydraulic fracturing where a public discussion of these legal matters would conflict with the duty of the City’s attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 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 A. ID 15-110 Severe Weather Awareness Week B. ID 15-208 Library Larry’s Big Day City of Denton Page 4 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: A. ID 15-188 Mary Anderson regarding the ability to put hardie board siding on new construction in the Oak-Hickory Street Historic District. B. ID 15-207 Pepper Rivers regarding parking permits for home health care and hospice providers at apartment complexes. C. ID 15-214 Pat Smith regarding Denton for Fair Towing. D. ID 15-215 Harrison Wicks regarding towing in Denton. 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 – HH). 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 – HH 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 15-151 Consider a request for an exception to the Noise Ordinance for the purpose of the St. Patrick’s on Walnut Street festival. Live music will be played on an outdoor stage located in the 100-115 block of Walnut Street, for the purpose of a downtown street festival on March 13, 2015. An exception is specifically requested to increase sound levels from 70 to 75 decibels and for an extension for hours from 10 p.m. to 11 p.m. Staff recommends approval. Attachments: Sound Variance Request StPatricks Walnut.pdf B. ID 15-158 Consider approval of a resolution approving the 2014 Tax Increment Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date. The Downtown TIF Board recommends approval 5-0. Attachments: Exhibit 1 Resolution Exhibit 2 Annual Report C. ID 15-159 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $18,800,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). Attachments: Exhibit 1 - Ordinance Exhibit 2 - Issuance Timeline for GO Bonds City of Denton Page 5 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 D. ID 15-160 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $80,125,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). Attachments: Exhibit 1 - Ordinance E. ID 15-161 Consider approval of a resolution allowing Chestnut Tree LC., to be allowed to sell alcoholic beverages at St. Patrick’s on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Attachments: Exhibit 1 Resolution and Agreement F. ID 15-162 Consider approval of a resolution allowing DI2-Denton1, LLC, DBA Lone Star Attitude Burgers, to be allowed to sell alcoholic beverages at St. Patrick’s on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Attachments: Exhibit 1 Resolution and Agreement G. ID 15-163 Consider approval of a resolution allowing Denton Sweetwater Grill & Tavern, to be allowed to sell alcoholic beverages at St. Patrick’s on Walnut, March 13, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Attachments: Exhibit 1 Resolution and Agreement H. ID 15-164 Consider approval of a resolution allowing Roosters Roadhouse Inc. dba Roosters, to be the sole participant allowed to sell alcoholic beverages at 35 Denton, March 14 & 15, 2015, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Attachments: Exhibit 1 Resolution and Agreement I. ID 15-170 Consider adoption of an ordinance authorizing the City Manager to enter into an Interlocal Cooperative Purchasing Program Agreement with the University of North Texas Murphy Center for Entrepreneurship for classroom instruction and consulting services for the Leadership Excellence and Enhancement Program (LEEP) under Section 791.001 of the State of Texas Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5743-Interlocal Agreement with the University of North Texas Murphy Center for Entrepreneurship in an amount not-to-exceed $130,147.80 for the three (3) program duration). Attachments: Exhibit 1-Ordinance Exhibit 2-Interlocal Agreement J. ID 15-171 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for underground electric and fiber optic utility locating City of Denton Page 6 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5720-awarded to USIC Locating Services, LLC in the three (3) year not-to-exceed amount of amount of $1,088,775). Attachments: Exhibit 1-Evaluation and Ranking Sheet Exhibit 2--Ordinance K. ID 15-172 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for tank painting and repair work at the Lake Lewisville Water Treatment Plant and McKenna Park; providing for the expenditure of funds therefor; and providing an effective date (RFP 5671-awarded to NG Painting, LP in the three (3) year not-to-exceed amount of amount of $2,269,000). Attachments: Exhibit 1-Evaluation and Ranking Sheet Exhibit 2-BAFO Pricing Exhibit 3-PUB Agenda Sheet Exhibit 4-Ordinance L. ID 15-173 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of a Leica Geosystems robotic total station for the City of Denton Police Department which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 5732- awarded to Geomatic Resources in the not-to-exceed amount of $67,865.25). Attachments: Exhibit 1-Staff Memo Exhibit 2-Proposal Exhibit 3-Sole Source Letter Exhibit 4-Ordinance.pdf M. ID 15-175 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the mowing of City of Denton parks, medians, right-of-ways, rail trails, and other municipal building areas (Class A,B,C, and Rail Trail); and providing an effective date (RFP 5659-awarded to highest ranked proposer for each item in the three (3) year not-to-exceed amount of $1,000,000). Attachments: Exhibit 1-Pricing and Evaluation Sheet Exhibit 2-Ordinance Exhibit 3-Classic Landscapes Contract Exhibit 3-MET Contract Exhibit 3-VMC Contract N. ID 15-176 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for trucking services for various City of Denton departments; and providing an effective date (RFP 5739-awarded to Jagoe-Public Company in the three (3) year not-to-exceed amount of $750,000). City of Denton Page 7 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 Attachments: Exhibit 1-Evaluation and Ranking sheet Exhibit 2-Ordinance.pdf Exhibit 3-Contract O. ID 15-177 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of precast concrete pull boxes for Denton Municipal Electric; and providing an effective date (RFP 5747-awarded to Oldcastle Precast, in the three (3) year not-to-exceed amount of $2,000,000). Attachments: Exhibit 1-Evaluation and Ranking Sheet Exhibit 2 -Ordinance Exhibit 3-Contract P. ID 15-187 Consider adoption of an ordinance of the City of Denton, Texas determining the public use, need, and necessity for the acquisition of fee title to properties described in the attached Exhibit “A” and located in and around the Township II area generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina Bend Dr. and west of Valley Creek Rd., for park land; authorizing the City Manager and City Attorney, or their respective designees, to acquire the property including making initial and final offers, authorizing the use of the power of eminent domain to condemn the properties; and authorizing the City Attorney, or her designee, to file eminent domain proceedings, if necessary, and providing an effective date. (Township II Park Property Acquisition project: Greenbelt tracts 1, 2, and 4, Greenbelt North, Street, and West - Denton 68 Joint Venture [ID 15-186]) Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance Q. ID 15-190 Consider adoption of an ordinance terminating Tax Increment Reinvestment Zone Number Three, City of Denton, Texas (“Convention Center TIRZ”); authorizing the distribution of tax increment funds of the zone to taxing units participating in the zone in accordance with the Texas Tax Code; and providing an effective date. Attachments: Exhibit 1 Ordinance R. ID 15-204 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute “Project Utility Adjustment Agreement (Developer Managed) 35E-U-0503” form TXDOT-DA-U-35-DM-IH 35E; facilitating and authorizing the relocation of water and wastewater utilities for the Interstate Highway 35 project, in substantial conformity with the attached Texas Department of Transportation agreement, with the developer, AGL Constructors, which is a consortium composed of Archer Western Contractors, LLC, Granite Construction Co. and The Lane Construction Company; and the Texas Department of Transportation; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1 Ordinance Exhibit 2 Agreement S. ID 15-205 Consider a request for an exception to the Noise Ordinance from Jagoe-Public to complete reconstruction of U.S. 380 (University Drive), generally between Bonnie City of Denton Page 8 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 Brae and Elm at various times between the hours of 12:00 a.m. and 8:00 a.m., March 2015 through January 2016. The Texas Department of Transportation regulations allow for work to be completed from Sunday through Friday. Staff recommends approval of the request. Attachments: Exhibit 1 - Map Exhibit 2 - Jagoe Request T. A15-0001 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH1 of approximately 315 acres located East of H. Lively Road, South side of FM 2449, West side of John Paine Road; providing for severability and an effective date. Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance U. A15-0002 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH2 of approximately 258 acres located on the South Side of University Drive, West and East sides of Thomas J. Egan Road, North of Jim Christal Road, West of Masch Branch Road; providing for severability and an effective date. Attachments: Exhibit 1- 2010 Annexation - Official Service Plan Exhibit 2-Ordinance V. A15-0003 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH3 of approximately 421 acres located on the South side of spring side road, North, South, and West of Corbin Road, West of I-35; providing for severability and providing an effective date. Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance W. A15-0004 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-4 of approximately 347 Acres located on the East side of Bonnie Brae Street, West of Fort Worth Drive, East and West of Vintage Boulevard; providing for severability and providing an effective date. Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance City of Denton Page 9 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 X. A15-0005 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified in the 2010 annexation as DH-5, said modified agreement being for approximately 219.127 Acres of land located on the East side of Fort Worth Drive, West side of Country Club Drive, North of Brush Creek Road; providing for severability and an effective date. Attachments: Exhibit 1- 2010 Annexation - Official Service Plan Exhibit 2 - Ordinance Y. A15-0006 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-11 of approximately 388 Acres located Southeast of the intersection of Mayhill Road and McKinney Street; providing for severability and an effective date. Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance Z. A15-0007 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as DH-14 of approximately 30 Acres located on the South side of Robinson Road, East of Teasley Lane; providing for severability and providing an effective date. Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance AA. A15-0008 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA1 of approximately 1.171 Acres located on the South side of Jim Christal Road, the North side of Tom Cole Road, West of Masch Branch Road; providing for severability and an effective date. Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance BB. A15-0009 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA2 South of approximately 1,472 Acres located on the South Side of FM 1173, North W. University Drive, West of I-35; providing for severability and an effective date. City of Denton Page 10 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance CC. A15-0010 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA3 of approximately 1,075 Acres located on the South Side of Ganzer Road, North and South of Barthold Road, North of FM 1173, West of I-35; providing for severability and effective date. Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance DD. A15-0011 Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as PAA4 of approximately 1,555 Acres located on the South side of Milan Road, North of Loop 288, East of I-35; providing for severability and an effective date. Attachments: Exhibit 1-2010 Annexation - Official Service Plan Exhibit 2-Ordinance EE. ID 15-209 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee to execute a Contract of Sale by and between the Joseph and Soraya Fletcher Irrevocable Gift Trust (“Owner”), and the City of Denton, Texas, as buyer, to acquire a 2.353 acre permanent electric utility easement, a 0.008 acre temporary construction easement, and a 0.122 acre temporary construction easement, all located in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, as more particularly described and depicted in the attachments to Exhibit “1” (the ordinance) and located generally east of I-35E and north of Shady Shores Rd. (“Property Interests”), for the public use of expansion, construction, maintenance, operation, and improvement of electric transmission and distribution lines, facilities, and structures, including substations and switch stations; for the purchase price of Two Hundred Seventy Five Thousand Dollars and 00/100 dollars ($275,000.00), and other consideration, as set forth in the Contract of Sale, also attached to Exhibit “1” (the ordinance); authorizing the expenditure of funds; and providing an effective date. Attachments: Exhibit 1 Ordinance FF. ID15-213 Consider approval of a resolution authorizing the submittal of a letter from the City of Denton Historic Landmark Commission to the National Parks Service endorsing Alternative “B” as described in the National Park Service feasibility study on the Chisholm Trail and declaring an effective date. The Historic Landmark Commission voted to authorize the letter with a vote of 7-0. City of Denton Page 11 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 Attachments: Exhibit 1 Letter from Beth Stribling Exhibit 2 Description of Alternative B Exhibit 3 Letter of Endorsement Exhibit 4 Resolution GG. ID 15-217 Consider adoption of a resolution of the City of Denton, Texas, in opposition to a revenue cap and legislative interference with local services; and providing for an effective date. Attachments: Exhibit 1 Resolution Exhibit 2 SB 182 (Bettencourt Rev Cap) Exhibit 3 HB 365 (Elkins Rev Cap) HH. A14-0002a Consider adoption of an ordinance of the City of Denton, Texas providing for acceptance of eligible non-annexation agreement for agricultural, wildlife management, or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas generally identified as Ryan Road of approximately 85 approximately 85.6 Acres of land generally located on the north and south sides of Ryan Road. Tract 1 is approximately 175 ft east of Andrew Street and adjacent to Ryan Road on the south side and measures approximately 80.9 Acres. Tract 2 is approximately 1,093 ft east of Andrew Street and adjacent to Ryan Road on the north side and measures approximately 4.7 Acres; providing for severability and an effective date. Attachments: Exhibit 1-Service Plan Exhibit 2-Ordinance-Ryan Road NAA 5. PUBLIC HEARINGS A. ID 15-148 Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton prohibiting the use of designated groundwater from beneath the approximately 890 acre area described in Exhibit “A” of said ordinance, City of Denton, Texas, to facilitate certification of a Municipal Setting designation (“MSD”) of said area by the Texas Commission on Environmental Quality (“TCEQ”), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date. Attachments: Exhibit 1 Ordinance Exhibit 2 Presentation B. DCA14-0009 Continue a public hearing and consider adoption of an ordinance amending d Subchapters 5, 7, 16 and 22 of the Denton Development Code, relating to Gas Well Drilling and Production, Definitions and Procedures; amending Ordinance No. 2013-248, relating to planning and development fees and road damage remediation fees relating to gas well drilling and production activities; adding new Subchapter 22A to the Denton Development Code, relating to Oil and Gas Pipelines, Definitions, Procedures; providing a cumulative clause; providing a severability clause; providing for a penalty; and providing for an effective date (DCA14-0009d). The Planning and Zoning Commission recommends denial (4-3). A supermajority City of Denton Page 12 Printed on 2/27/2015 City Council Meeting Agenda March 3, 2015 vote by City Council is required to adopt a motion to approve this ordinance. Attachments: Exhibit 1 Table of Revised Ordinances Exhibit 2 Clean Ordinance and Redlined Draft of DDC Subchapter 22 Exhibit 3 Clean Ordinance Draft of DDC Subchapter 7.16 Exhibit 4 Clean Ordinance Draft of DDC Subchapter 16.7 Exhibit 5 Clean Ordinance Draft of DDC Subchapter 5 Exhibit 6 Clean Ordinance Draft of DDC Subchapter 22A Exhibit 7 Fee Ordinance Exhibit 8 Public Responses to CC and P&Z from Dec 2014 meeting Exhibit 9 Public Responses to Additional Questions from PZ and the Public Exhibit 10 Draft Minutes of the February 4, 2015 P&Z Meeting 6. CONCLUDING ITEMS 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 of Closed Meeting topics, above posted. CERTIFICATE 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 ___________________, 2015 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 13 Printed on 2/27/2015