City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, March 1, 2016 12:00 PM Work Session Room & Council Chambers A quorum of the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, March 1, 2016 at 12:00 noon at City Hall, 215 E. McKinney Street, Denton, Texas. Council Member Kathleen Wazny, District 3, may participate by videoconference during the Open Meeting to be held in the City Council Chambers beginning at 6:30 p.m. The City Council Work Session will be held at 12:00 noon 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 1, 2016. 3. Work Session Reports A. ID 16-261 Receive a report, hold a discussion, and give staff direction regarding the FY 2014-15 Comprehensive Annual Financial Report and annual audit. Attachments: Exhibit 1 FY 2014-15 CAFR Exhibit 2 Single Audit Report Exhibit 3 Auditor's Communication B. ID 16-317 Receive a report, hold a discussion, and give staff direction regarding approval of a purchase order through the National Joint Powers Alliance (NJPA) Contract # 022113 - CXT for the purchase of prefabricated concrete restroom buildings at City of Denton North Lakes Park Fields 5 and 6, Mack Park Roberts Field, and the restroom concession at Mack Park. Attachments: Exhibit 1-Staff Memo Exhibit 2-NJPA CXT Contract Award Exhibit 3-2016-011 ISR - CXT Restroom and Concession Purchase C. ID 16-331 Receive a report, hold a discussion, and give staff direction regarding the City’s budgeting process, financial planning assumptions, and the debt service tax rate impacts related to the 2014 bond election and upcoming issuance of Certificates of Obligation. Attachments: Exhibit 1 - General Budget Presentation Exhibit 2 - Debt Tax Rate Presentation City of Denton Page 1 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 D. ID 16-274 Receive a report, hold a discussion, give staff direction regarding the Public Art Committee’s recommendation to construct an outdoor sculpture of a 9/11 Firefighter’s Memorial Bell Tower on the north side of Central Fire Station located at 332 E. Hickory St., and purchase a replica replacement bell to be located in City Hall West bell tower, as City of Denton Public Art. The Public Art Committee recommends approval (8-0). The Historic Landmark Commission granted a Certificate of Appropriateness on February 8, 2016. Attachments: Exhibit 1 Illustration of 911 Firefighter' s Memorial Bell Tower Exhibit 2 Certificate of Appropriateness Exhibit 3 Minutes Feb.4, 2016 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 16-365 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation, discussion, deliberation and receipt of information from the City’s attorneys involving legal matters relating to the annexation or extension/renewal of non-annexation agreements for eligible properties, and to provide the City’s attorneys with direction, where a public discussion of these legal matters would clearly 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. B. ID 16-345 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 involving a proposed Rayzor Ranch Public Improvement District No. 1 Reimbursement Agreement, 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 16-346] C. ID 16-299 Consultation with Attorneys - Under Texas Government Code, Section 552.071; Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. Consult with the City’s attorneys regarding the present status of the Denton Municipal Electric-Energy Management Organization’s operations regarding EEI contract negotiation, ISDA contract negotiation, and other related contracting issues; discuss, deliberate and provide the City’s attorneys and staff with direction. City of Denton Page 2 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 A public discussion of this legal matter would conflict with the duty of the City’s Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. [ID 16-286] D. ID 16-301 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consult with the City’s attorneys regarding the present status of pending litigation entitled: The City of Denton, Texas v. NRG Power Marketing, LLC, et al, Cause No. 15-01404-16, now pending before the 16th Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the City’s attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City’s Attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. [ID 16-287] E. ID 16-348 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 acquisition of real property interests generally located at the Southeast corner of E. McKinney Street and S. Mayhill Road, the affected tract located in the Morreau Forrest Survey, Abstract No. 417, 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 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 M088 - BCI Real Estate Ventures, LP) [ID 16-349] F. ID 16-326 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 potential purchase of certain real property interests in the Gideon Walker Survey, Abstract 1330, City of Denton, Denton County, Texas and being generally located southwest of the intersection of Edwards Road and Swisher Road. Consultation with the City’s attorneys regarding legal issues associated with the potential 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. (Villages of Carmel, Phase 5B - prospective Parks Department property purchase) City of Denton Page 3 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 G. ID 16-347 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 acquisition of real property interests located in the E. Puchalski Survey, Abstract No. 996, located generally in the 1200 block of the east side of N. I-35E, 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 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 Fire Station No. 3 Rebuild) 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. Following the completion of the Closed Meeting, a quorum of the City Council of the City of Denton, Texas will convene in an Open Meeting in the City Council Chambers. Council Member Kathleen Wazny, District 3, may participate by videoconference during this Open Meeting. 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 16-370 National Community Development Week 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. City of Denton Page 4 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 1. ID 16-358 Anyah Martinez regarding a children’s museum using City Hall West as a potential space for the project. 2. ID 16-366 Willie Hudspeth regarding City Hall. C. Additional Citizen Reports - This section of the agenda permits any person not registered for a citizen report to make comments regarding public business on items not listed on the agenda. This is limited to four speakers per meeting with each speaker allowed a maximum of four (4) minutes. 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 – AA). 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 – AA 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 16-011 Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through National Joint Powers Alliance (NJPA) Contract# 022113-CXT for the purchase of prefabricated concrete restroom buildings to be located at City of Denton North Lakes Park Fields 5 and 6, Mack Park Roberts Field, and the restroom concession at Mack Park; and providing an effective date. (File 5880-awarded to CXT, Inc. in the not-to-exceed amount of $757,073). Attachments: Exhibit 1-CXT Photos Exhibit 2-Comparison Exhibit 3-Staff Report Exhibit 4-NJPA Contract Award Exhibit 5-Ordinance Exhibit 6-Signed Contract B. ID 16-121 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of residential refuse and recycling carts including replacement parts, for the City of Denton Solid Waste Department; and providing an effective date (File 5997-Purchase of Residential Recycling and Refuse Carts awarded to Rehrig Pacific Company in the three (3) year not-to-exceed amount of $875,000). The Public Utilities Board recommends approval (5-0). City of Denton Page 5 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 Attachments: Exhibit 1-H-GAC Pricing Exhibit 2-Staff Memo Exhibit 3-PUB Minutes Exhibit 4-Ordinance C. ID 16-265 Consider adoption of an ordinance (1) releasing, abandoning and vacating (a) a 28.953 acre public drainage easement recorded as Instrument No. 2002-R0073655, Real Property Records, Denton County, Texas; (b) a 13.14 acre public drainage & detention easement recorded as Instrument No. 2002-R0073656, Real Property Records, Denton County, Texas; and (c) a 0.562 acre public drainage easement recorded as Instrument No. 2002-R0073661, Real Property Records, Denton County, Texas, all located in the S. Graham Survey, Abstract No. 468, Denton County, Texas; and (2) partially releasing, abandoning and vacating a 5.324 acre public drainage easement recorded as Instrument No. 2005-85936, Real Property Records, Denton County, Texas, and located in the M. Smith Survey, Abstract No. 1181 and the W. Smith Survey, Abstract No. 1182, Denton County, Texas; and declaring an effective date. [Abandonment of drainage easements to allow for subdivision lot sales] Attachments: Exhibit 1 - Location Map Exhibit 2 - Site Map Exhibit 3 - Ordinance D. ID 16-271 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $24,030,000 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 - Red-Lined Changes to 2014 Bond Issuance Timeline E. ID 16-272 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $69,810,000 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 F. ID 16-281 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one (1) Caterpillar Model 953D track loader for the City of Denton Drainage Department; and providing an effective date (File 6070-awarded to Holt CAT in the amount of $213,950). The Public Utilities Board recommends approval (5-0). City of Denton Page 6 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 Attachments: Exhibit 1-Comparison and Quotes Exhibit 2-Standardization Memo Exhibit 3-PUB Minutes Exhibit 4-Ordinance G. ID 16-282 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for construction of Substation Pre-Cast Security Fences for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5963-awarded to Walsh’s Hawk Construction Company, LLC in the three (3) year not-to-exceed amount of amount of $5,900,000). The Public Utilities Board recommends approval (5-0). Attachments: Exhibit 1-Evaluation and Ranking Sheet Exhibit 2-PUB Minutes Exhibit 3-Ordinance Exhibit 4-Contract H. ID 16-284 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Investment Advisory Services contract with First Southwest Asset Management, Inc. for investment advisory services; providing for the expenditure of funds therefor; and providing an effective date (File 6086 in the two (2) year not-to-exceed amount of $52,000). The Audit/Finance Committee recommends approval (3-0). Attachments: Exhibit 1-Ordinance Exhibit 2-Agreement I. ID 16-286 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a supplemental and amended engagement letter with the law firm of David A. Portz, P.C., Houston, Texas for Professional Legal Services to be provided to the Energy Management Organization of Denton Municipal Electric; authorizing the expenditure of funds therefor; providing an effective date (File No. 5554-in the additional amount of not-to-exceed $50,000, aggregating not-to-exceed $175,000). The Public Utilities Board recommends approval (5-0). Attachments: Exhibit 1-PUB Minutes Exhibit 2-Ordinance Exhibit 3-Engagement Letter J. ID 16-287 Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second supplemental and amended engagement letter with Lloyd Gosselink Rochelle & Townsend, P.C. for professional legal services relating to the pending litigation entitled the City of Denton, Texas v NRG Power Marketing, LLC, et al; authorizing the expenditure of funds therefor; providing for retroactive confirmation, ratification and approval thereof; providing an effective date (File No. 5771-in the additional amount of not-to-exceed $800,000, aggregating not-to-exceed $1,395,000). The Public Utilities Board recommends approval (5-0). City of Denton Page 7 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 Attachments: Exhibit 1-PUB Minutes Exhibit 2-Ordinance Exhibit 3-Supplemental Engagement Letter K. ID 16-288 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Supplement to Amendment to an engagement letter for professional legal services by and between the City of Denton, Texas and Herrera & Boyle, PLLC. for legal services pertaining to pole attachment license agreement, right-of-way agreement, collections from Verizon and other possible pertinent agreements; providing for the expenditure of funds therefor; and providing an effective date (File No. 5592 in the additional amount of $65,000; aggregating a total not-to-exceed $130,000). The Public Utilities Board recommends approval (5-0). Attachments: Exhibit 1-PUB Minutes Exhibit 2-Ordinance Exhibit 3-Supplemental Engagement Letter L. ID 16-289 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of SEL protective relays, controls, monitoring, metering, software, integration, accessories, and devices for Denton Municipal Electric, which are 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 6046-awarded to Schweitzer Engineering Laboratories (SEL) in the three (3) year not-to-exceed amount of $2,240,000). The Public Utilities Board recommends approval (5-0). Attachments: Exhibit 1-Vendor Sole Source Letter Exhibit 2-Staff Memo Exhibit 3-PUB Minutes Exhibit 4-Ordinance Exhibit 5-Contract M. ID 16-290 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for sports officiating services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6028-awarded to SED Referees in the three (3) year not-to-exceed amount of $153,352). Attachments: Exhibit 1-Pricing and Evaluation Sheet Exhibit 2-Ordinance Exhibit 3-Contract N. ID 16-291 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply of uniforms for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 6025-awarded to Impact Promotional Services, dba Got You Covered Uniforms in the three (3) year not-to-exceed amount of $328,650). City of Denton Page 8 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 Attachments: Exhibit 1-Evaluation and Ranking sheet Exhibit 2-Ordinance Exhibit 3-Contract O. ID 16-295 Consider adoption of an ordinance authorizing the City Manager to execute a “Sponsored Research Agreement” by and between the City of Denton, Texas and Southern Methodist University providing for the investigation of enhanced methane generation in the bioreactor landfill facility at the City of Denton, Texas in the not-to-exceed amount of $169,655; providing for the expenditure of funds therefor; providing for an effective date (File 6072). The Public Utilities Board recommends approval (5-0). Attachments: Exhibit 1-PUB Minutes Exhibit 2-Ordinance Exhibit 3-Agreement P. ID 16-307 Consider adoption of an ordinance accepting competitive proposals and awarding a contract for Dependent Care Services for regular full time City of Denton employees; providing for the expenditure of funds therefore; and providing an effective date (RFP 5914-awarded to Bright Horizons Family Solutions LLC, in the three (3) year not-to-exceed amount of $178,387.50). Attachments: Exhibit 1-Pricing and Evaluation Sheet Exhibit 2-Ordinance Exhibit 3-Contract Q. ID 16-320 Consider nominations/appointments to the Tax Increment Reinvestment Zone (TIRZ) Number Two Board of Directors. R. ID 16-321 Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $150,000 of in-kind services and resources for the Denton Arts and Jazz Festival to be held in Quakertown Park on April 29 - May 1, 2016; and providing an effective date. Attachments: Exhibit 1 Arts and JazzFest Costs Exhibit 2 2015 Running Total of Requested Support Exhibit 3 Letter of Request Exhibit 4 Ord Art and Jazz S. ID 16-322 Consider adoption of an ordinance ratifying the expenditure of funds by the City Manager for the emergency purchase and installation of a Poured in Place (PIP) safety surface at Eureka 2 Playground and in accordance with provisions of Section 252.022 of the Local Government Code exempting such purchases from requirements of competitive bidding; and providing an effective date (File 6071-awarded to Lea Park and Play in the amount of $84,892.60). Attachments: Exhibit 1-Comparison and Quotes Exhibit 2-Emergency Declaration Form Exhibit 3-Ordinance City of Denton Page 9 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 T. ID 16-325 Consider adoption of an ordinance establishing a Teen Council to provide a teen perspective to the Parks and Recreation Department regarding programming and community issues related to Parks programming; and provide an effective date. Attachments: Exhibit 1 - Teen Council Exhibit 2 - Teen Council Info Exhibit 3 - Ordinance U. ID 16-335 Consider adoption of an ordinance of the City of Denton, Texas Nunc Pro Tunc, correcting an inadvertent mistake in ordinance 2015-188 relating to the annexation of an area of land to the City of Denton, Texas that was granted deferral of annexation until October 31, 2017. Attachments: Exhibit 1-Ordinance 2015-188 Exhibit 2-Amended Ordinance V. ID 16-338 Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to an economic development program grant agreement dated December 1, 2015, between the City of Denton and Buc-ee’s, LTD., which was duly assigned, in part, to Buc-ee’s, LTD.; and providing an effective date. Attachments: Exhibit 1 - Ordinance Exhibit 2 - Amendment W. ID 16-346 Consider adoption of an ordinance of the City of Denton, Texas approving a Reimbursement Agreement amongst the City of Denton, Texas, Allegiance Hillview, L.P., and DB Denton II, LLC related to the reimbursement of public improvements constructed within the Rayzor Ranch Public Improvement District No. 1; authorizing the City Manager to execute the Reimbursement Agreement on behalf of the City of Denton, Texas; and providing for an effective date. Attachments: Exhibit 1 Resolution R2014-022 Exhibit 2 Ordinance 2014-144 Exhibit 3 PID Reimbursement Ordinance X. ID 16-349 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 BCI Real Estate Ventures, L.P. (the “Owner”), as seller, to acquire fee simple to a 1.509 acre tract located in the Moreau Forrest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas; (the “Property Interests”) for the purchase price of Two Hundred Twenty Three Thousand Eight Hundred Seven Dollars and No Cents ($223,807.00), and other consideration, as prescribed in the Purchase Agreement (the “Agreement”), as attached to the ordinance and made a part thereof as Exhibit “A”, (I) authorizing the expenditure of funds therefor; (II) providing a savings clause; and (III) providing an effective date. (Mayhill Road Widening and Improvements project - Parcel M088 -BCI Real Estate Ventures, LP) Attachments: Exhibit 1 - Location Map Exhibit 2 - Site Map M088 BCI Exhibit 3 - Ordinance - BCI M088 Counteroffer City of Denton Page 10 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 Y. ID 16-362 Consider approval of the minutes of January 4, 5, 12, 23, 26, and 28-29, 2016. Attachments: Exhibit 1 - January 4, 2016 minutes Exhibit 2 - January 5, 2016 minutes Exhibit 3 - January 12, 2016 minutes Exhibit 4 - January 23, 2016 minutes Exhibit 5 - January 26, 2016 minutes Exhibit 6 - January 28-29, 2016 minutes Z. ID 16-363 Consider adoption of an ordinance accepting a First Amendment to a Chapter 212 Texas Local Government Code Non-annexation Agreement between the City of Denton, Jean Ann Baker, and Ryan Capital Partners, LTD. to extend the term of such Agreement 120 days pending the execution of a new pre-annexation agreement with the City; authorizing the City Manager to execute the Agreement; and providing an effective date. Attachments: Exhibit 1 Ordinance 2015-072 Exhibit 2 Non-Annexation Agreement Amendment Exhibit 3 Ordinance AA. ID 16-364 Consider approval of the Public Art Committee’s recommendation to commission artist Mick Burson for the design and installation of a mural at the Patterson-Appleton Arts Center located at 400 E. Hickory St. as Public Art for the City of Denton; and declare an effective date. The Public Art Committee recommends approval (8-0). Attachments: Exhibit 1 Mural at PAAC Exhibit 2 Minutes Feb.4, 2016 Exhibit 3 Certificate of Appropriateness 5. PUBLIC HEARINGS A. Z15-0029b Continue a public hearing and consider adoption of an ordinance regarding amending Subchapter 35.7.5, the Fry Street Overlay District, to create a new sub district and development standards for a mixed use building on approximately 1.7 acres. The subject property is generally located between Oak Street and Hickory Street and 125 feet west of Fry Street. The Planning and Zoning Commission recommends denial (6-1). A supermajority vote by Council is required for approval. The applicant has requested that this item be postponed to next regular City Council meeting, April 5, 2016. City of Denton Page 11 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 Attachments: Exhibit 1-Staff Analysis Exhibit 2-Site Location Exhibit 3-Zoning Map Exhibit 4-Future Land Use Map Exhibit 5-Draft Fry Street Overlay District Amendment Exhibit 6-Fry Street Overlay District Redline Exhibit 7-Project Narrative Exhibit 8-Public Notification Map Exhibit 9-January 27, 2016 Planning and Zoning Commission Minutes B. DCA15-0007 Continue a public hearing and consider amending Section 35.7.9.5, 35.7.10.5, and b 35.7.13.5 of the Denton Development Code to include additional Façade Materials as architectural requirements to the Oak-Hickory Historic District, Bell Avenue Historic Conservation District, and the West Oak Area Historic District. The Planning and Zoning Commission recommends approval (7-0). (DCA15-0007, Amended Historic District Standards) Attachments: Exhibit 1-Staff Analysis Exhibit 2-Oak-Hickory HD Map Exhibit 3-Bell Avenue Historic CD Map Exhibit 4-West Oak Area HD Map Exhibit 5-Public Hearing Responses Exhibit 6-Ordinance C. ID 16-334 Hold the first of two public hearings to consider annexing approximately 4,132.40 acres of land contained in ten of the fifteen annexation areas, which received a Non-Annexation Agreement in 2010, and a one year extension in 2015 that will expire on March 16, 2016. Four of the annexation areas include approximately 2,789.14 acres of land and are primarily located within the northwestern quadrant of the City of Denton’s Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining seven areas include approximately 1,343.26 acres of land and are considered unincorporated ETJ pockets located within the body of the City of Denton’s corporate limits and are identified as DH1, DH2, DH3, DH4, DH5, and DH14. Attachments: Exhibit 1 2016 Annexation Service Plan D. ID 16-310 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as West Gate Business Park (WGBP Investments, LTD) Reinvestment Zone No. XIII for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapter 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; and providing an effective date. Attachments: Exhibit 1 Reinvestment Zone Ordinance 6. ITEMS FOR INDIVIDUAL CONSIDERATION City of Denton Page 12 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 A. ID 16-309 Consider approval of a concurrent ordinance with the Cities of Bryan, Garland and Greenville, Texas electing the provisions of Subchapter C-1 of Chapter 163, Texas Utilities Code, providing for alternative governance of the Texas Municipal Power Agency; providing findings of fact; defining the boundaries of the agency; designating the name of the agency; and designating the number, place, terms, and manner of appointment of directors of the agency; providing a savings clause; providing a severability clause; providing for retroactive ratification, confirmation and approval thereof; providing an effective date. Attachments: Exhibit 1 TMPA Ordinance B. A15-0016a Consider adoption of an ordinance establishing public hearing dates and authorizing the City Secretary to publish notice for April 5, 2016, and April 12, 2016, for annexation of an approximately 23.24 acre property generally located on the west side of Geesling Road, approximately 700 feet south of East University Drive (U.S. 380), within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas. Attachments: Exhibit 1 Location Map Exhibit 2 Zoning Map 7. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. 8. 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 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 ___________________, 2016 at ________o'clock (a.m.) (p.m.) __________________________________________ CITY SECRETARY City of Denton Page 13 Printed on 2/26/2016 City Council Meeting Agenda March 1, 2016 NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE 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 14 Printed on 2/26/2016