City Council

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, November 8, 2016 12:00 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, November 8, 2016 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 November 8, 2016. 3. Work Session Reports A. ID 16-1407 Receive a report, hold a discussion, and give staff direction regarding single room occupancy developments. Attachments: Exhibit 1- Collegiate Housing Developments in Denton Exhibit 2- Collegiate Housing Development Locations B. ID 16-1438 Receive a report, hold a discussion, and give staff direction regarding the procurement of substation construction services. Attachments: Exhibit 1 Evaluation Summary Exhibit 2 Unit Prices and Estimated Contract Amount Exhibit 3 CIP Substation Projects Map C. ID 16-1446 Receive a report and hold a discussion regarding the City of Denton Code of Ordinances, Section 2-63 relating to board and commission members. Attachments: BOARDS AND COMMISSIONS Sec. 2-63.pdf D. ID 16-1467 Receive a report, hold a discussion, and give staff direction regarding the development of the City’s website. Attachments: Exhibit 1 - Site Map Exhibit 2 - Creative Brief Exhibit 3 - Presentation E. ID 16-1468 Receive a report, hold a discussion, and give staff direction regarding an online message board for use by the City Council in accordance with the Texas Open Meetings Act. Page 1 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 Attachments: Exhibit 1 - Sec. 551.006 of the Texas Government Code Exhibit 2 - Presentation 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 16-985 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive a presentation from Denton Municipal Electric staff (“DME”) regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies regarding same; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Take final action on a purchased power agreement with Santa Rita Wind Energy, LLC. B. ID 16-1266 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive a presentation from Denton Municipal Electric staff (“DME”) regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies regarding same; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, including a power purchase agreement with Las Majadas Wind Farm, LLC, in order to meet its future energy needs. Take final action on a purchased power agreement with Las Majadas Wind Farm, LLC. C. ID 16-1351 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 and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located from North Lakes Substation of Denton Municipal Electric and proceeding east along Riney Rd, then turning north along Nicosia St., then east along W. Hercules Lane and terminating at the Denton North Substation of Denton Municipal Electric, in the City of Denton, Denton County, Texas; where discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting would Page 2 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 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. [North Lakes to Denton North TM Line] D. ID 16-1411 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 and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests located from North Lakes Substation of Denton Municipal Electric and proceeding east along Riney Rd, then turning north along Nicosia St., then east along W. Hercules Lane and terminating at the Denton North Substation of Denton Municipal Electric, in the City of Denton, Denton County, Texas; discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting 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. [North Lakes to Denton North TM Line] E. ID 16-1413 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 and discuss, deliberate, and provide staff with direction regarding the potential acquisition of real property interests to a 2.168 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330, in the City of Denton, Denton County, Texas; discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting 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. [Spencer to Pockrus TM Line] F. ID 16-1414 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 and discuss, deliberate, and provide staff with direction Page 3 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 regarding the potential acquisition of real property interests located in Lot 1, Block 2 of the Municipal Utility Addition as shown by the plat thereof recorded in Cabinet G Page 346 of the P.R.D.C.T., in the City of Denton, Denton County, Texas; where discussion had, deliberation, and direction given, by the Denton City Council in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third party. Consultation with the City’s attorneys regarding legal issues associated with the acquisition of the real property interests described above; discussion of these legal matters in an open meeting 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. [Brinker Substation] G. ID 16-1430 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s Attorneys on the status, strategy, and potential resolution of litigation styled, Esker v. City of Denton, Cause No. 14-000942-158, currently pending in the 158th District Court of Denton County, Texas. H. ID 16-1433 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 regarding housing use classifications in the Denton Development Code, 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. I. ID 16-1456 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 pertaining to the potential acquisition of real property interests and being situated in the J.C. Baker Survey, Abstract No. 47, the A.E. Cannon Survey, Abstract No. 232, the J. Fisher Survey, Abstract No. 421, the S. Hembrie Survey, Abstract No. 643, the B. Merchant Survey, Abstract No. 800, the C. Poullalier Survey, Abstract No. 1006, the E. Pickett Survey, Abstract No. 1018, the S.A. Venters Survey, Abstract No. 1315, and the W.E. Penley Survey, Abstract No. 1729, City and County of Denton, Texas, and generally located along FM Highway 2181 (Teasley Lane) the limits of which being bounded to the north by Lillian Miller Parkway and to the south by the drive entrance to Hickory Creek Mobile Home Park. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition or condemnation 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 Page 4 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 litigation. (FM Highway 2181 Utility Relocations project) 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. Special Called 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. 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 – P). 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 – P 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 16-1363 Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for electric substation construction services; providing for the expenditure of funds therefor; and providing an effective date (RFP 6085-awarded to Can-Fer Utility Services, LLC in the three (3) year not-to-exceed amount of amount of $17,620,000). Attachments: Exhibit 1-Evaluation and Ranking Sheet Exhibit 2-Ordinance Exhibit 3-Contract B. ID 16-1364 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving three (3) year software maintenance for continued vendor support of the Milsoft Interactive Voice Response System and associated software Page 5 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 modules along with new hardware and software upgrades, 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 3881 awarded to Milsoft Utility Solutions in the three (3) year not-to-exceed amount of $176,500). Attachments: Exhibit 1-Quotes Exhibit 2-Vendor Sole Source Letter Exhibit 3-Staff Memo Exhibit 4-Ordinance C. ID 16-1365 Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract for the acquisition of one (1) East “live-bottom” trailer for the City of Denton Solid Waste 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 requirements of competitive bidding; and providing an effective date (File 6265-awarded to East Manufacturing Corporation in the amount of $68,200). Attachments: Exhibit 1-Quote Exhibit 2-Staff Memo Exhibit 3-Ordinance D. ID 16-1367 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving a Supervisory Control and Data Acquisition System Upgrade, 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 4074 awarded to Open Systems International in the not-to-exceed amount of $527,365. Attachments: Exhibit 1-Quote Exhibit 2-Vendor Sole Source Letter Exhibit 3-Staff Memo Exhibit 4-Ordinance E. ID 16-1368 Consider adoption of an Ordinance accepting competitive proposals and awarding a contract for the purchase of a Caterpillar Model 826K refuse compactor for the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (RFP 5825-awarded to Holt CAT in the amount of $894,714). Attachments: Exhibit 1-Quote Exhibit 2-Prior Approval Exhibit 3-Ordinance F. ID 16-1388 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 430F2 Backhoe for the City of Denton Water Distribution Department; and providing an effective date (File 6270-awarded to Page 6 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 Holt CAT in the amount of $123,972.77). Attachments: Exhibit 1-Quote Comparison Exhibit 2-Ordinance G. ID 16-1401 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Denton WaterWorks Wave Pool and Concession to be located at 2400 Long Road, Denton Texas; providing for the expenditure of funds therefor; and providing an effective date (RFP 6221-awarded to Schmoldt Construction, Inc. in the not-to-exceed amount of $2,630,310.70). Attachments: Exhibit 1-Evaluation and Ranking Sheet Exhibit 2-Ordinance Exhibit 3-Contract H. ID 16-1403 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the purchase of an EMC Vplex system as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number (DIR-TSO-2634/DIR-TSO-2542); providing for the expenditure of funds therefor; and providing an effective date (File 6271-awarded to Presidio Networked Solutions Group, LLC in the three (3) year not-to-exceed amount of $152,209.11). Attachments: Exhibit 1-Quote Exhibit 2-Ordinance I. ID 16-1416 Consider adoption of an Ordinance authorizing the City Manager to execute a Interlocal Agreement with the University of North Texas under section 791.001 of the State of Texas Government Code, and to authorize the City of Denton to participate in a project to develop a digital roadmap to set a strategic vision in technology infrastructure investments, sustainability, education, and use of digital media for service delivery and citizen engagement, among other technology goals; authorizing the expenditure of funds therefor; and declaring an effective date (File 6238-Interlocal Agreement with the University of North Texas in the amount of $20,000). Attachments: Exhibit 1-Ordinance Exhibit 2-Interlocal Agreement J. ID 16-1400 Consider adoption of an ordinance of the City of Denton, Texas providing for authorization of a building lease (“lease”) and a first amendment to the building lease (“first amendment”) by and between Epic Development, Inc. and the City of Denton, Texas allowing the City of Denton to use and occupy the premises as administrative office space, temporary housing, and sleeping quarters for fire personnel; authorizing the expenditure of funds therefor and providing an effective date. Attachments: Exhibit 1 Ordinance K. ID 16-1434 Consider approval of a resolution approving the 2015 Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Annual Report; and declaring an effective date. Page 7 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 Attachments: TIRZ 2 2015 Annual Report Complete TIRZ 2015 Annual Report Resolution L. ID 16-1435 Consider adoption of an ordinance amending Ordinance No. 2012-366, as amended by Ordinances 2014-039 and Ordinance 2015-370, relating to Tax Increment Reinvestment Zone (TIRZ) Number Two, to add to the membership of the Board of Directors; repealing all conflicting ordinances and portions thereof; and providing an effective date. Attachments: TIRZ 2 Ordinance Membership Amend M. ID 16-1439 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a real estate sales contract between the City of Denton, Texas (“City”), as purchaser, and Terrano Realty, Inc., Medanjo Partners, Ltd., and NW Realty, Inc., (Collectively “Owner”), as seller, to acquire fee title to a 38.889 acre tract and easement interests in a 0.040 acre tract of land, a 0.800 acre tract of land, a 0.046 acre tract of land, a 0.642 acre tract of land, a 0.919 acre tract of land, and a 4.636 acre tract of land, all situated in the Mary Austin Survey, Abstract No. 4, located in the City of Denton, Denton County, Texas, and located generally south of Shady Oaks Drive and West of Loop 288 (Collectively the “Property Interests”) for the purchase price of six million two hundred fifty thousand dollars and no cents ($6,250,000.00), and other consideration, as prescribed in the real estate sales contract; authorizing the expenditure of funds, and providing an effective date. [Brinker Substation and TM Line] Attachments: Brinker Substation Map Brinker Substation Easements Ordinance N. ID 16-1440 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Community Market; authorizing the expenditure of funds; and providing for an effective date ($9,150 per year, for a four (4) year not-to-exceed amount of $36,600). Attachments: Exhibit 1 - Ordinance Exhibit 2 - Agreement O. ID 16-1452 Consider approval of the minutes of August 16 and 23, 2016 and September 13, 2016. Attachments: Exhibit 1 - Minutes 8-16-16 Exhibit 2 - Minutes 8-23-16 Exhibit 3 - Minutes 9-13-16 P. ID 16-1453 Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving an additional cost for the Rental of Vans for the City of Denton Parks and Recreation Department Summer Camp and Summer Food Programs 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 6167-awarded to Capps Van and Truck Rental in the additional amount of $17,703.96 for a total not-to-exceed amount of $66,653.96). Page 8 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 Attachments: Exhibit 1-Quote Exhibit 2-Invoice Summary Exhibit 3-Ordinance 3. ITEMS FOR INDIVIDUAL CONSIDERATION – CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS A. ID 16-1271 Consider adoption of an ordinance of the City of Denton finding that a public use and necessity exists to acquire easement interests to a 1.253 acre tract of land situated in the J.S Collard Survey, Abstract No. 297, City of Denton, Denton County, Texas, and of the Real Property Records of Denton County, Texas (“Property Interests”), for the public use of, expansion, construction, maintenance, and operation of an electric transmission line, ancillary facilities and structures; authorizing the City Manager, acting City Manager, or his designee, to make initial and final offers to execute an easment, between the City of Denton, Texas (“City”), as grantee, and Pensco Trust Company Custodian FBO Randall D. Smith Roth IRA, Bonnie Brae Malone County, Inc., Trustee of the COTI Property Trust, and Edward F. Wolski (Collectively “Owner”), as grantor, to acquire Property Interests for the total purchase price of $166,859.00, and other consideration; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. [North Lakes to Denton North TM Line] Attachments: Transmission Line Map.pdf Easement Map.pdf Ordinance.pdf Proposed Electric Utility Easement - Wolski [North Lakes to Denton North TM Line] B. ID 16-1410 Consider adoption of an ordinance of the City of Denton finding that a public use and necessity exists to acquire fee interest 1.851 acre tract of land and easement interests to a 0.851 acre tract of land and a 0.086 tract of land situated in the B.B.B.&C. R.R. Survey, Abstract No. 186, City of Denton, Denton County, Texas, and of the Real Property Records of Denton County, Texas (“Property Interests”), for the public use of, expansion, construction, maintenance, and operation of an electric transmission lines, ancillary facilities and structures, including drainage and access; authorizing the City Manager, acting City Manager, or his designee, to make initial and final offers to execute an easement, between the City of Denton, Texas (“City”), as grantee, and J.F.S. 1992 Irrevocable Trust (“Owner”), as grantor, to acquire the Property Interests for the total purchase price of $81,230.00, and other consideration; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. [North Lakes to Denton North TM Line] Page 9 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 Attachments: Transmission Line Map.pdf Fee and Easement Maps.pdf Ordinance.pdf Proposed ROW Deed - McKamy [North Lakes to Denton North TM Line] Proposed Electric Utility Easement - McKamy [North Lakes to Denton North TM Line] Proposed Utility and Drainage Easement - McKamy [North Lakes to Denton North TM Line] C. ID 16-1412 Consider adoption an ordinance of the City of Denton finding that a public use and necessity exists to acquire easement interests to a 2.168 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas, and of the Real Property Records of Denton County, Texas (“Property Interests”), for the public use of, expansion, construction, maintenance, and operation of an electric transmission lines, ancillary facilities and structures; authorizing the City Manager, acting City Manager, or his designee, to make initial and final offers to execute an easement, between the City of Denton, Texas (“City”), as grantee, and Timber Links Apartments, LLC (“Owner”), as grantor, to acquire the Property Interests for the total purchase price of $93,060.00, and other consideration; authorizing the filing of eminent domain proceedings to acquire the Property Interests if the final offer is not accepted; authorizing the expenditure of funds; and providing an effective date. [Spencer to Pockrus TM Line] Attachments: Transmission Line Map.pdf Easement Map.pdf Ordinance.pdf Proposed Electric Utility Easement - Timber Links [Spencer to Pockrus TM Line] D. ID 16-1450 Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of various permanent easements and temporary construction easements generally located along FM Highway 2181 (Teasley Lane), the limits of which being bounded to the north by Lillian Miller Parkway and to the south by the Redbud Drive entrance to Hickory Creek Mobile Home Park and being situated in the J. C. Baker Survey, Abstract No. 47, the A. E. Cannon Survey, Abstract No. 232, the J. Fisher Survey, Abstract No. 421, the S. Hembrie Survey, Abstract No. 643, the B. Merchant Survey, Abstract No. 800, the C. Poullalier Survey, Abstract No. 1006, the E. Pickett Survey, Abstract No. 1018, the S.A. Venters Survey, Abstract No. 1315, and the W.E. Penley Survey, Abstract No. 1729, City and County of Denton, Texas, and with the use, purpose and legal descriptions of each easement being more particularly described in the attached Exhibit “A” (the “Property Interests”) to the ordinance; authorizing the City Manager and City Attorney, or their respective designees, to acquire the property interests by agreement including making all offers required by law; authorizing the use of the power of eminent domain to condemn the property interests if an agreement cannot be reached; and authorizing the City Attorney, or her designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; makings findings; providing a savings clause; and providing an effective date. (FM Highway 2181 Utility Relocations project) Page 10 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 Attachments: Exhibit 1- Location Map Exhibit 2- Site Maps Exhibit 3- Recommended Motion Exhibit 4- Ordinance 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 16-1437 Consider appointments to the Tax Increment Reinvestment Zone (TIRZ) Number Two Board of Directors. B. ID 16-1457 Consider appointing a Nominating Committee to recommend an appointee to fill an unexpired term on the Economic Development Partnership Board. Attachments: current EDP Board ordinance 2016-249 C. ID 16-1469 Consider appointments to a Charter Review Committee. 5. PUBLIC HEARINGS A. Z16-0019a Hold a public hearing and consider a request to rezone approximately 2.33 acres from a Neighborhood Residential 3 (NR-3) District to a Neighborhood Residential Mixed Use 12 (NRMU-12) District with a Mixed Use Residential Protection Overlay. The subject property is generally located on the northeast corner of East Sherman Drive and Kings Row. The Planning and Zoning Commission recommends approval of the request (7-0). Attachments: Exhibit 1- Staff Analysis Exhibit 2- Aerial Map Exhibit 3- Zoning Map Exhibit 4- Future Land Use Map Exhibit 5- NR-3 Permitted Uses Exhibit 6- NRMU-12 Permitted Uses Exhibit 7- Applicant Narrative Exhibit 8- Notification Map & Responses Exhibit 9- P&Z Minutes Exhibit 10-Draft Ordinance B. AESA16-000 Hold a public hearing and consider a request for an Alternative Environmentally Sensitive 2a Area Plan for the Ryan Meadows Addition, Phase 2. The approximately 37.35 acre subject property is generally located on the south side of Ryan Road, approximately 2,000 feet east of Country Club Road. The Planning and Zoning Commission recommends approval with conditions (6-0). Page 11 Printed on 7/2/2021 City Council Meeting Agenda November 8, 2016 Attachments: Exhibit 1- Staff Analysis Exhibit 2- Location Map Exhibit 3- Mobility Plan & ESA Map - Regional Scale Exhibit 4- Mobliity Plan & ESA Map - Subject Property Exhibit 5- Alternative ESA Plan Exhibit 6- Ryan Meadows Phasing Plan Exhibit 7- Applicant Narrative Exhibit 8- Notification Map Exhibit 9- P&Z Minutes Exhibit 10- Draft Ordinance 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 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 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. Page 12 Printed on 7/2/2021