City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, June 30, 2015 3:00 PM Main Conference Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Closed Meeting on Tuesday, June 30, 2015 at 3:00 p.m. in the Main Conference Room at City Hall West, 221 N. Elm Street, Denton, Texas at which the following items will be considered: 1. Closed Meeting: A. ID 15-497 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 in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and being generally located in the 900 block of W. Collins Street (Block 4, Hillside Addition, City and County of Denton, Texas). 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. [Eagle Substation] B. ID 15-485 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. C. ID 15-524 Consultation with Attorneys - Under Texas Government Code, Section 551.071. City of Denton Page 1 Printed on 6/30/2015 City Council Meeting Agenda June 30, 2015 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. D. ID 15-525 Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to a potential economic development project generally located in the 2000 to 3000 blocks of South Interstate 35 East. This discussion shall include commercial and financial information the City Council has received from a prospect 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 15-528 Consultation with Attorneys - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087, and Deliberations regarding Real Property - Under Texas Government Code Section 551.072. Discuss, deliberate, receive information from staff and provide staff with direction pertaining to legal and economic development issues related to a potential residential economic development project and the acquisition of real property interests generally located in the 900 to 1000 blocks of Ryan Road. This discussion shall include commercial and financial information the City Council has received from a Bob Shelton Enterprises 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 City of Denton Page 2 Printed on 6/30/2015 City Council Meeting Agenda June 30, 2015 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. F. ID 15-531 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with and provide direction to City’s attorneys regarding legal issues and strategies concerning surface development issues involving surface and mineral estates in connection with Consent Agenda Item No. 1.C., where a public discussion of these legal matters would conflict with the duty of the City’s attorneys under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. G. ID 15-532 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 in the in the Alexander Hill Survey, Abstract No. 623, located in the City of Denton, Denton County, Texas, and located generally in the 200 block of Collins St. 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. (DME-Locust SS) [File ID 15-533] Following the completion of the Special Called Closed Meeting, the City Council will convene in a Special Called Work Session to consider the following items: 1. Work Session Reports A. ID 15-449 Take a tour of City Hall West and receive a report, hold a discussion, and give staff direction regarding projects, priorities, and organizational structure of the Planning and Development Department. Attachments: Exhibit 1 - Work Session Presentation Exhibit 2 - Benchmarking Results B. ID 15-517 Receive a report, hold a discussion, and provide staff with direction concerning potential application for Regional Toll Revenue (RTR) funds for transportation projects within the City of Denton. Attachments: Exhibit 1 RTR Presentation Exhibit 2 Project Comparison Matrix C. ID 15-530 Receive a report, hold a discussion, and give staff direction about possible ways that the City can support or assist in a potential residential development near Ryan Road City of Denton Page 3 Printed on 6/30/2015 City Council Meeting Agenda June 30, 2015 and Teasley Lane. Attachments: Exhibit 1 Shelton Enterprises Letter Exhibit 2 Proposed Park Property Exhibit 3 Parks Department Memo Following the completion of the Special Called Work Session, the City Council will convene in a Special Called Meeting of the City of Denton City Council to consider the following items: 1. 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 – D). 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 – D 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 15-520 Consider adoption of an ordinance of the City Council of Denton, Texas, authorizing the City Manager to execute the “Utility Adjustment Agreement Amendment No. 001 to Agreement No. 35E-U-0503” to the original “Project Utility Adjustment Agreement” in the amount of $2,916,668.95, of which $447,853.65 is payable by the City of Denton for City requested betterments; facilitating and authorizing the Lake Lewisville water line relocations for the Interstate Highway 35 Project, in substantial conformity with the previously executed Texas Department of Transportation agreements 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. The PUB recommends approval (5-0). Attachments: Exhibit 1 - Ordinance Exhibit 2 - Utility Adjustment Agreement Amendment B. ID 15-521 Consider adoption of an ordinance of the City Council of Denton, Texas, authorizing the City Manager to execute the “Early Release for Construction - Utility Adjustment Agreement Amendment 35E-U-003-002 to Agreement No. 35E-U-0503” to the original “Project Utility Adjustment Agreement” in the amount of $1,020,815.00; facilitating and authorizing the adjustment of City of Denton water and wastewater facilities for the Interstate Highway 35 project, in substantial conformity with the previously executed Texas Department of Transportation agreements 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. The City of Denton Page 4 Printed on 6/30/2015 City Council Meeting Agenda June 30, 2015 PUB recommends approval (4-0). Attachments: Exhibit 1 Ordinance Exhibit 2 Early Release Package C. SI15-0017 Consider adoption of an ordinance of the City of Denton approving a Surface Waiver and Lease Ratification Agreement amongst the Pitner Family Limited Partnership, Kelsoe & Riley, LLC, EagleRidge Energy, LLC, Corbin Exploration Limited Partnership, ARP Barnett, LLC and the City of Denton, Texas to allow for the development of the Ryan Meadows Addition residential subdivision; authorizing the City Manager or his designee to execute the Surface Waiver and Lease Ratification Agreement; and providing an effective date. Attachments: Exhibit 1 - GWP02-0006 - Signed Gas Well Plat Exhibit 2 - Ordinance Exhibit 3 - Surface Use Agreement D. ID 15-533 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a contract of sale between the City of Denton, Texas (“City”), as Buyer, and Tomasa Garcia and Spouse (“Owner”), as Seller, to acquire fee title to a 2.484 acre tract situated in the Alexander Hill Survey, Abstract No. 623, located in the City of Denton, Denton County, Texas, and more particularly described in Exhibit “1”, and located generally in the 200 block of Collins St., (“Property Interests”), for the purchase price of Six Hundred Seventy Six Thousand Two Hundred and Seventy Six Dollars and no cents ($676,276.00), and other consideration, as prescribed in the contract of sale (“Agreement”); authorizing the expenditure of funds; and providing an effective date. [File ID 15-532] Attachments: Exhibit 1 Ordinance 2. 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. 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 City of Denton Page 5 Printed on 6/30/2015 City Council Meeting Agenda June 30, 2015 NOTE: THE CITY OF DENTON CITY HALL WEST 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 6 Printed on 6/30/2015