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091418 Friday Staff Report
`„F City Manager's Office DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 MEMORANDUM DATE: September 14, 2018 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report I. Council Schedule A. Meetings 1. Committee on the Environment Meeting on Monday, September 17, 2018 at 9:00 a.m. in the City Council Work Session Room. 2. Traffic Safety Commission Meeting on Monday, September 17, 2018 at 5:30 p.m. in the City Council Work Session Room. 3. Board of Ethics Meeting on Monday, September 17 at 6 p.m. in the City Hall Conference Room. 4. Audit/Finance Committee on Tuesday, September 18,2018 at 10:30 a.m.in the City Hall Conference Room. 5. Work Session of the City Council on Tuesday,September 18,2018 at 1:00 p.m. in the City Council Work Session Room, followed by a Regular Meeting at 6:30 p.m. in the City Council Chambers. 6. No Agenda Committee Meeting on Wednesday, September 19, 2018. 7. Canceled - Health and Building Standards Commission Meeting, Thursday, September 20, 2018. 8. Development Code Review Committee Meeting on Friday,September 21,2018 at 11:00 a.m. in the City Council Work Session Room. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service B. Upcoming Events 1. National Night Out on October 2, 2018. 2. Denton County ESD #1 Fire Station Grand Opening on October 6, 2018 at 1:00 p.m. at 6801 Cleveland Gibbs Road. 3. TML Annual Conference, October 10-12, 2018 at the Fort Worth Convention Center. 4. NLC City Summit,November 7-10, 2018 in Los Angeles, CA. II. General Information & Status Update A. Police Civil Service Exam — The Denton Police Department will be holding its next civil service exam on Saturday, October 27 at 9:00 a.m. at the Denton Public Safety Training Center, 601 E Hickory St, to establish an eligibility list to hire police officers. The registration deadline is Monday, October 22. More information on the exam, hiring process, and registration is available at www.dentoppolice.com. B. Small Business Resource Fair — Economic Development has partnered with the North Branch Library Small Business Resource Center and Sustainability staff to host a Small Business Resource Fair on Sept.29.The goal is to present information on City resources available for small businesses and entrepreneurs in Denton. The Resource Fair will start at 10 a.m. and end at noon and will include a 30 minute mini-workshop on"How to Brand Your Business"presented by Library staff. The event will be held at the North Branch Library to provide an opportunity for small businesses to try out services available in the branch's Small Business Resource Center. Staff will provide handouts, meet one-on-one, and set-up meetings to provide additional assistance to small businesses and entrepreneurs who attend the fair. Staff contact: Christina Davis, Economic Development C. DEC Inspections — On August 21, the City Council requested information about Modern Geosciences providing air quality monitoring services at the DEC. Presently, DME staff performs daily DEC site inspections. A comprehensive site inspection is also undertaken each month. Natural gas supply equipment is a part of these inspections. Natural gas supplied to the site contains an odorizer to facilitate identification of gas leakage. In addition, nitrous oxide (NOx) is monitored on a real-time basis by each generating unit to ensure units are operated efficiently and that NOx and other emissions are minimized. Staff provides monthly DEC emissions reports,which includes NOx, carbon monoxide,volatile organic compounds, particulate matters 10 micrometers or less in diameter, particulate matter 2.5 micrometers or less in diameter, sulfur dioxide, ammonia, and carbon dioxide equivalent emissions. Emissions data collected in the DEC's first year of operation will provide important baseline data to assist with monitoring emissions in future years. Modern Geosciences has the necessary equipment and expertise to perform a variety air quality monitoring services at the DEC. Due to regular in-house monitoring and the DEC's full compliance with all permitting requirements, staff does not advise proceeding with additional monitoring services from Modern Geoscience. Staff contact: George Morrow, DME/Ken Banks, Utilities D. Update on Gas Line at Martin Luther King,Jr. Recreation Center—The September 7 Friday Report included information about a gas leak at the Martin Luther King, Jr. Recreation Center. On the evening of September 11 the gas line was fully repaired and hot water was restored at the facility. Staff contact: Gary Packan, Parks and Recreation E. List of Housing Properties — At the August 21 City Council meeting, Council Member Briggs inquired if a list could be developed of local affordable/income qualified housing in the city. Staff has created a list and a map showing known rental units that are income-qualified to assist low-and moderate-income households. Please note that the listing and map is offered as a resource only and may not be comprehensive of all units in the city. The map can be accessed from the Housing Assistance landing page and clicking on Rental Needs, or direct link here. The map shows the property address, the number of income qualified units, disabled units, population (general/disabled), and the contact information (website/address/phone). The list excludes property that is only available through various agencies such as MHMR, HOPE and DCFOF. Individuals in a housing crisis are encouraged to contact one of the community's front door agencies. Staff contact: Sarah Kuechler, Public Affairs F. City Hall West Public Meeting—A public meeting was held on Monday, Sept. 10 to provide information to public and solicit feedback on the work that has been completed by the City Hall West Steering Committee. There were approximately 40 members of the public in attendance along with 10 committee members. Staff presented a history of the project, the conceptual design and conceptual business plan. Comment cards were provided to allow citizens the opportunity to provide their level of support with the recommendations and any other comments or feedback for the Committee to consider as they are developing a final recommendation. More information is available on the City's website at www.cityofdenton.com/cityhallwest including the public meeting presentation, conceptual design,conceptual business plan,and an online version of the comment card. The online comment card will be open through midnight on Sunday, Sept. 16.A meeting of the City Hall West Steering Committee is scheduled for Monday, Oct. 1. Staff contact: Mark Nelson, Transportation G. Cedar Creek Signal at FM 2181 (Teasley)—The temporary signal at Cedar Creek and FM 2181, near Guyer High School, was energized by DME Thursday morning, September 13, 2018. The TxDOT contractor has set the signals to flash which is required for a minimum of three days. The flashing pattern will be yellow on FM 2181 and Red for Cedar Creek. The signals will continue to flash through the weekend. The contractor has targeted Monday, September 17th to have the remainder of the signal operational. A permanent traffic signal will be constructed as part of the TxDOT FM 2181 construction project, once the road is widened. Staff Contact: Pritam Deshmukh, Traffic Engineer. H. Weekend Parking Limitations at Quakertown Park — There are several exciting community events planned this weekend, Sept. 14-16, in and around Quakertown Park that will impact parking availability. The Denton Blues Festival will take place in Quakertown Park Sept. 14-16. On Saturday, Sept. 15 between 12:30 and 3:00 p.m. a major political event is scheduled at Backyard on Bell that is anticipated to draw large crowds and will impact parking availability in Quakertown Park and surrounding areas. Denton High School's homecoming dance will take place on Saturday evening at the Civic Center—to accommodate students and ensure their safety, parking will be limited to homecoming traffic starting mid-afternoon on Saturday. Please make necessary arrangements to account for limited parking availability if you are participating in activities near and around Quakertown Park this weekend. Staff contact: Gary Packan, Parks and Recreation I. Loop 288/Lillian Millan Intersection Closure — The TxDOT Area Office has provided City of Denton staff notice indicating that OHL, contractor for the Interstate 35/Loop 288 and Brinker Project,remains on schedule to close the Loop 288/Lillian Miller and I-35E intersection the weekend of September 21-24. As reported last week, the proposed closure is necessary for the placement of 21 bridge beams for the new northbound main lane bridge on I-35. Closure of the intersection will begin 10 p.m. Friday, September 21 and will reopen no later than 6:00 a.m. Monday, September 24. OHL placed electronic message boards in the affected area to notify motorists of the pending closure. TxDOT has not yet released a detour map, however, staff anticipates they will do so next week. Note that the schedule is subject to change due to weather or logistical constraints. Transportation and Public Affairs staff are coordinating to inform residents and businesses of the closure. We anticipate TxDOT will distribute a formal press release on the closure next week. Staff contact: Mark Nelson, Transportation J. Commercial Electric Average Rate Comparison—In response to the City Council's request for additional information on commercial electric rates,DME put together the attached commercial rate comparison for several electric utilities across the state. To assure that the different rates were portrayed fairly, staff applied the average usage and load factor for Fiscal Year 2017. Staff contact: George Morrow, DME K. Public Art for Traffic Calming—The City Council requested information on traffic calming measures to improve neighborhood safety. Denton's growth has resulted in increased speeding and cut-through traffic along neighborhood streets and increased requests by residents of several residential neighborhoods to address these traffic concerns. In the August 31,2018 Friday Staff Report,Capital Projects staff provided information on the step-by-step process used to determine and address traffic calming needs. The staff report listed a series of street engineering solutions were detailed that can address some of the most common citizen concerns. Another creative approach to traffic calming is through the utilization of public art as a component of street engineering solutions, or integrated alone as a sole solution. While driving, motorists rely on physical and visual cues in and adjacent to the roadway. Encountering unexpected public art in these spaces can cause drivers to slow down and consider their present location instead of their destination. Staff researched the use of public art as a traffic calming measure in other cities. The attached ISR 2018-128 provides examples of these programs and images depicting traffic calming public art initiatives in several U.S. cities. Staff contact: Michelle Cunningham, Economic Development L. Funding Sources for Recently CoMpleted and Upcoming Downtown Projects—In response to recent questions about whether completed downtown projects have depleted the Downtown TIF Fund monies, staff provides the following clarification: FY2017-18 saw the completion of significant capital improvement projects in Downtown, as well as the approval of more capital improvement projects to be completed in the near term. The reconstruction of intersections on the Square (including traffic signals, ADA ramps, curbs, and sidewalks) was funded under the 2014 Bond Program.The curb and gutter work completed around the Courthouse sidewalks was paid for by the Street Improvement Fund. The upcoming projects for sidewalks and pedestrian lighting on North Locust and North Elm and pedestrian lighting on West Oak and West Hickory will be funded from the Downtown TIF Fund. Staff contact: Caroline Booth, Economic Development III. Community Events A. Denton Blues Festival — The 201h Annual Denton Blues Festival is scheduled for Sept. 14-16 in Quakertown Park. This event is free to the public and will feature several live performances including Big Bill Morganfield,Muddy Waters Review, Carolyn Wonderland, Selwyn Birchwood, and Zac Harmon. Staff contact: Jessica Rogers, Public Affairs B. DCTA Open House — DCTA will host a public open house meeting on Sept. 19 from 3-7 p.m. in the lobby area of the Downtown Denton Transit Center. The meeting will feature information on 2019 service changes, new promotions, fare updates, and the upcoming program of projects. Additional information can be found in the attached flyer. Staff contact: Mark Nelson, Transportation C. Fire Station Grand Opening — The new Denton County Emergency Services District(ESD) 1 fire station is scheduled to commence operations on Sept. 15 and will provide fire and emergency medical services to the Robson Ranch and Harvest developments, as well as other residents in the area. This station, located at the southeast corner of Old Justin Road and Cleveland Gibbs Road, is the result of an interlocal agreement between the City of Denton and Denton County ESD. A grand opening ceremony is scheduled for 1 p.m. on Saturday, Oct. 6 at the new fire station, 6801 Cleveland Gibbs Rd.,Northlake, TX. All members of the public are invited to attend and help celebrate the new station.Additional information can be found in the attached press release and event flyer. Staff contact: Kenneth Hedges, Fire/Jessica Rogers, Public Affairs D. National Night Out—The City of Denton,Denton Police Department,Denton Fire Department, and other City departments will participate in National Night Out on Tuesday, Oct. 2. National Night Out is a community event to raise awareness about community policing in our neighborhoods. Across Denton, neighborhoods, homeowners' associations, and citizens' groups will hold block parties and barbecues to encourage neighbors to get to know each other and local law enforcement agencies and help make their community safer. If your neighborhood is interested in participating in National Night Out, go to www.cityofdenton.com/nno to get more information or register your event. The deadline to register for a visit from City departments is Sept.21.Additional details about National Night Out can be found in the attached flyer. Staff contact: Jessica Rogers, Public Affairs IV. Attachments A. Commercial Electric Rate Comparison B. DCTA Open House Flyer C. ESD Fire Station Grand Opening Press Release D. ESD Fire Station Grand Opening Flyer E. National Night Out Press Release V. Informal Staff Reports A. 2018-124 Park Hours B. 2018-125 CO Bond Sale and Rating Reports C. 2018-126 GreenSense Incentive Program Information D. 2018-127 Non-Profit Agency Agreements E. 2018-128 Public Art Traffic Calming VI. Council Information A. Council Requests for Information B. Draft Agenda for September 25 C. Council Calendar D. Street Construction Report Large Commercial Rate Comparison Medium Commercial Rate Comparison Small Commercial Rate Comparison Billing Determinants Based on DME's FY2017 General Service Large Average: Billing Determinants Based on DME's FY2017 General Service Medium Average: Billing Determinants Based on DME's FY2017 General Service Small Average: 684.41 kW Demand 53% Load Factor 43 kW Demand 41% Load Factor 263,994 kWh Usage 100% Power Factor 12,791 kWh Usage 1,127 kWh Usage utility Monthly Total Cost per kWh utility Monthly Total Cost er kWh utility Monthly Total Cost per kWh Georgetown $25,653 $0.0972 New Braunfels $1,853 $0.1448 Georgetown $151 $0.1341 Garland $23,838 $0.0903 Greenville $1,386 $0.1084 CoSery $140 $0.1243 Greenville $23,269 $0.0881 San Antonio $1,307 $0.1022 DME $139 $0.1230 DME $23,190 $0.0878 DME $1,295 $0.1013 Greenville $133 $0.1180 Austin $23,066 $0.0874 Garland $1,284 $0.1004 Garland $132 $0.1173 San Antonio $22,695 $0.0860 Georgetown $1,250 $0.0977 San Antonio $124 $0.1098 New Braunfels $21,427 $0.0812 Austin $1,227 $0.0959 New Braunfels $109 $0.0966 San Marcos $20,604 $0.0780 CoSery $1,099 $0.0859 Bryan $104 $0.0924 Bryan $19,808 $0.0750 Bryan $1,088 $0.0851 Austin $103 $0.0914 CoSery $19,644 $0.0744 San Marcos $1,020 $0.0798 San Marcos $100 $0.0886 AUTHORITYDENTON COUNTY DCTATRANSPORTATION 9�r—-- DROP BY OUR NEXT OPEN HOUSE MEETING ! ar ; Starting next week, we're hosting our September open house meetings in Denton, Highland Village and Lewisville. We will present on the following topics: January 2019 service changes, new promotions, fare updates, Program of Projects and more! We need your feedback to help enhance our service so riders can have a great experience when they#RideDCTA. Hope to see you there! Denton Public Meeting Date: September 19 Time: 3 p.m. to 7 p.m. Location: Downtown Denton Transit Center(DDTC) in the lobby area -40 o FOR IMMEDIATE RELEASE DENTON David Boots • (940) 349-8853 • David.Boots@cityofdenton.com Joint Fire Station to Start Providing Service Sept. 15 Open House Scheduled foi DENTON, TX, Sept. 11, 2018—The new Denton County Emergency Services District(ESD) 1 fire station is scheduled to commence operations on Sept. 15 and will provide fire and emergency medical services to the Robson Ranch and Harvest developments, as well as other residents in the area. This station, located at the southeast corner of Old Justin Road and Cleveland Gibbs Road, is the result of an interlocal agreement between the City of Denton and Denton County ESD. "I am pleased to see the multiple agencies come together to find a unique solution and increase our service levels in this area," said Denton Fire Chief Kenneth Hedges. "This station provides not only added fire and emergency medical protection, but also has a positive financial impact for residents in this area." Residents in the Robson Ranch community will see a benefit through a potential decrease in insurance premiums. Residents in the development currently have an Insurance Services Office (ISO) rating of"10,"which is the lowest possible rating and can lead to higher insurance premiums. Now that the station is in service, the rating will be decreased to a"2," leading to lower premiums for homeowners and matching the rest of the city. A decrease of this magnitude in ISO rating could decrease insurance premiums by as much as 45 percent, according to the Texas State Fire Marshal's Office. The new fire station will house a fire engine and all EMS equipment necessary to provide first response capabilities. For calls originating within Denton's city limits, Denton Fire Department will also be dispatched simultaneously and will perform medical transports if necessary. A grand opening ceremony is scheduled for 1 p.m. on Saturday, Oct. 6 at the new fire station, 6801 Cleveland Gibbs Rd.,Northlake, TX. All members of the public are invited to attend and help celebrate the new station. Visit www.cityofdenton.com for more news and to stay updated. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 i Open House at our New Fire Station You are invited to join N Denton County ESD#1 - -4 WN Arale Fire District, ind City of Denton r � t on October 6th m ipm 68oi Cleveland Gibbs Rd,locat,(]in the Harvest Communitv. -40 o FOR IMMEDIATE RELEASE DENTON Jessica Rogers • (940) 349-7531 • Jessica.Rogers@cityofdenton.com City of Denton to Participate in National Night Out Join Us on Tuesday, Oct. 2 DENTON, TX, Sept. 14, 2018—The City of Denton, Denton Police Department, Denton Fire Department, and other City departments will participate in National Night Out on Tuesday, Oct. 2. National Night Out is a community event to raise awareness about community policing in our neighborhoods. Across Denton, neighborhoods, homeowners' associations, and citizens' groups will hold block parties and barbecues to encourage neighbors to get to know each other and local law enforcement agencies and help make their community safer. The City of Denton has been an active participant in National Night Out events for the past several years and enjoy getting to know the citizens of Denton at gatherings throughout Denton. While some neighborhoods hold large parties, others join in by turning on their front porch light in support of each other and law enforcement. No matter the size of the event,National Night Out is about strengthening neighborhood spirit. To continue to foster community-awareness and strengthen citizen engagement, the City of Denton will have staff from various departments visit community events during National Night Out. Elected officials and staff from Police, Fire, Solid Waste &Recycling, Energy and Water Conservation, Community Improvement Services, and more will be on-hand to visit with residents and talk about City services and programs If your neighborhood is interested in participating in National Night Out, go to www.cityofdenton.com/nno to get more information or register your event. The deadline to register for a visit from City departments is Sept. 21. Visit www.cityofdenton.com for more news and to stay updated. OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 Date: September 14,2018 Report No. 2018-124 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: The purpose of this report is to provide the City Council with details regarding the current park operating hours along with other communities within the DFW Metroplex. DISCUSSION: A survey of park operating hours was conducted by the Parks and Recreation Department staff in August 2018. This survey focused on cities within the DFW Metroplex and was divided in the categories based on population. Some special use facilities such as tennis centers,sport complexes, golf courses, etc. can have special hours and were not accounted for in this study. The City of Denton park operating hours are from 6am to 1 Opm. Based on the summary of survey municipalities, park hours range from opening at 5:00am and closing at 11:OOpm. The majority of departments operate within the window of 6:00am to 10:00pm (total of 16 hours open daily) and 5:00am to 11:OOpm(total of 18 hours open daily). 111111 . . Dallas 5am to 11pm I ■ Fort Worth 5am to 11:30pm 200,000 to 499,999 inhabitants Arlington 5am to 10pm Plano 5am to 11pm Irving Varies Garland 6am to 12am 100,000 to 199,999 inhabitants .—G;;M to 1 WW Grand Prairie 6am to 10pm EVIcKinn nlmwi�opm Frisco 30min before sunrise to 30 minutes after sunset Carrollton 5am to 10:30pm entIEW 6am to 10p Richardson 5am to 10:30pm Lewisville 6am to 11pm 10,000 to 99,000 Inhabitants Addison Sam to 11pm Allen 5am to 11pm Date: September 14,2018 Report No. 2018-124 Anna 1hr before dawn to 11pm Bedford 5am to 11pm Menbrook 6am to 10pm Burleson 5am to 11pm o 11:30pm Cleburne 7am to 12am Colleyvil Gam to 10pm Coppell 30min before sunrise to 30 minutes after sunset m to 10pm Desoto Sam to 12am Duncanville 5am to 11:30pm Ennis 5am to 12am Less 5am to 11pm Farmers Branch 10pm to 5am 014a Forest Hill 6am to 11pm rapevi 30min before sunrise to 30 minutes after sunset Greenville 6am to 10:30pm 0 10pm Keller 6am to 10pm North Richland Hills Sam to 11pm Sam to 10pm Rowlett daybreak to 11pm ted per The Colony 5am to 10:30pm Waxahachie I E97ise to 10p Weatherford 6am to 12am /6am to 10pm White Settlement 6am to 11pm Wylie 6am to 12:01am Over time, sports tournaments are impacted by the park hours. At times,weather events can force tournament schedules to be delayed thus impacting the event. Based on general operations, extending the park hours from 5:00am to 11:00am would not be a negative impact to the department's operations. Expanded park hours, thus extending usage and lighting, could negatively impact neighbors. Date: September 14,2018 Report No. 2018-124 During the hours from 10:00pm to 6:00am,the Parks and Recreation Department(PARD)depends on the Police Department to provide support when situations occur during this time frame since PARD staff is not on staff. The Police Department(PD)has enforcement authorizations signed by PARD Director or designee to ask anyone found in a PARD park outside of operating hours to leave the property in accordance with Park Rules, Article II, Sec. 22-27 - Hours of operation. authorized by Code 1966, § 15-8. In the event the person does not exit, ordinarily a warning citation for being in the park after hours will be issued on the first offense. A citation will be issued on the second and any subsequent offenses. The following chart shows the number of citations in City Parks after hours. Citations for in City Park After Hours Row Labels Count of Violation 2016 44 2017 9 2018(YTD) 22 Grand Total 75 If the individual is experiencing homelessness, the officer will contact shelters open at that time to locate an open bed and when a bed is available, the officer will offer to transport the person to the shelter. If the individual does not wish to be transported to a shelter, then the officer will follow steps as described above. If no shelter bed is available,the officer will only issue a written warning citation for violation of park curfew regardless of any prior warning or citation. Criminal Trespass Notices are only issued to persons at the direction of city staff that is in charge of the property(e.g. Library Director/Librarian) or when staff is not available (e.g. in a park after hours)officers could issue criminal trespass notices under the enforcement authorization.A notice may be issued by an officer if the person receiving the notice has committed an offense that could be deemed a breach of the peace or an offense other than a violation of the park curfew(e.g. Public Intoxication, Fighting, Drug/Paraphernalia Possession). Notices will not be issued for simply violating the park curfew. Anyone who has been issued a criminal trespass notice may be arrested for the offense of criminal trespass if the person returns to the property listed in the trespass notice. In last 3 years, only 2 criminal trespass arrests have occurred in a City park. Judge Ramsay will be establishing a procedure to allow any person served with an order of a criminal trespass to appeal the notice of trespass to Munipical Court. An internal team comprised of Police, Community Development, Parks, Legal, and Municipal Court have met and are reviewing Criminal Trespass procedures. STAFF CONTACT: Gary Packan, Director, Parks and Recreation (940) 349-7460 Sarah Kuechler, Director, Public Affairs (940) 349-8356 Date: September 14, 2018 Report No. 2018-125 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: City's most recent competitive bond sale of Certificates of Obligation (COs) accompanied by the bond rating reports from Fitch Ratings (Fitch) and Standard&Poor's (S&P). BACKGROUND: The purpose of this report is to provide the City Council with the rating agency reports from Fitch Ratings (Fitch) and Standard & Poor's (S&P) as well as details on the sale of COs, Series 2018A authorized on September 11, 2018. DISCUSSION: In the weeks preceding the current bond sale City staff and the City's Financial Advisor, First Southwest Company, completed questionnaires submitted by the rating agency analysts requesting updated financial information for the City. Both agencies, S&P and Fitch, assigned a rating of`AA+' to the City's upcoming bond sale. This is the second highest rating offered by either rating agency. There is no change to either rating and both indicated a stable rating outlook for the City. For your review, staff has attached rating reports from S&P and Fitch (Attachment 1) and a ratings chart(Attachment 2) for all three rating agencies. On September 12, 2018, the City along with its financial advisor conducted a competitive sale of $29,545,000 in principal amount of COs. The delivery date of the funds to the City will be September 28, 2018. The participating underwriting firms were: Robert W. Baird & Co., Inc.; Citigroup Global Markets Inc.; Fidelity Capital Markets; UMB Bank, N.A.; Bank of America Merrill Lynch; and FTN Financial Capital Markets. The COs were awarded to Robert W. Baird & Co., Inc. as the lowest true interest cost bidder. The COs will fund the general government projects approved by the City Council on August 7, 2018. The bond sale met all of the following required parameters listed below: 1) The maximum principal amount of bonds shall not exceed $31,810,000; 2) Final stated maturity of February 15, 2038; 3) Maximum net effective interest rate of 3.75% 4) The sale must occur prior to March 11, 2019. The all-in true interest cost for the COs is 3.315%, which factors in the cost of issuance. Please do not hesitate to contact me if you have any questions. ATTACHMENT: 1. S&P and Fitch Credit Rating Report Date: September 14, 2018 Report No. 2018-125 2. Ratings Chart STAFF CONTACT: Antonio Puente, Jr., Director of Finance (940)-349-7283 Antonio.Puente(ib cityofdenton.com S&P Global Ratings RatingsDirect CRJ Summary: Denton, Texas; General Obligation Primary Credit Analyst: Daniel P Pulter,Centennial(1)303-721-4646;Daniel.Pulter@spglobal.com Secondary Contact: Randy T Layman,Centennial+ 1 (303)721 4109;randy.layman@spglobal.com Table Of Contents ------------------------------------------------------------------------------------------------------------- Rationale Outlook Related Research WWW.STANDARDANDPOORS.COM/BATINGSDIRECT AUGUST 30, 2018 1 Summary: Denton, Texas; General Obligation CreditProfile US$29.6 mil certs of oblig ser 2018A dtd 09/01/2018 due 02/15/2038 Long Term Rating AA+/Stable New Rationale S&P Global Ratings assigned its 'AA+'long-term rating to the city of Denton, Texas'series 2018A certificates of obligation.At the same time, S&P Global Ratings affirmed its 'AA+'rating on the city's general obligation(GO) debt outstanding.The outlook is stable. The series 2018A certificates,in addition to previously issued certificates, are secured by the city's direct and continuing ad valorem tax, as well as a limited pledge(not to exceed$1,000) of surplus net revenues of the utility system. Despite the de minimis revenue pledge,we rate the certificates based on the city's GO pledge,which we consider stronger. Based on the application of our criteria,titled"Issue Credit Ratings Linked To U.S. Public Finance Obligors limited-tax GO debt and its general creditworthiness, since the ad valorem tax is not derived from a measurably narrower tax base and there are no limitations on the fungibility of resources.We understand that proceeds from the sale of the bonds will be used to finance street,municipal service center,municipal airport,fire station,and police department improvements. The'AA+'rating reflects our opinion of the city's: institutional influence; methodology; in fiscal 2017; governmental debt service, and access to external liquidity we consider strong; direct debt that is 114.6%of total governmental fund revenue; and WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 30, 2018 2 Summary:Denton, Texas; General Obligation Strong economy We consider Denton's economy strong. The city,with an estimated population of 131,388,is located in Denton County in the Dallas-Fort Worth-Arlington MSA,which we consider to be broad and diverse. The city also benefits,in our view,from a stabilizing institutional influence. The city has a projected per capita effective buying income of 90.3%of the national level and per capita market value of$78,638. Overall,the city's market value grew by 13.3%over the past year to$10.3 billion in 2018. The county unemployment rate was 3.3%in 2017. Spanning an area of roughly 90 square miles,the city of Denton is located 35 miles north of Dallas and Fort Worth at the convergence of East and West Interstate 35. The local economy--largely based in retail,manufacturing, distribution, education, and health care--has grown in tandem with the robust geographic and economic expansion within the Dallas-Fort Worth metroplex in recent years.As home to both the University of North Texas and Texas Women's University,the city also benefits from a stabilizing institutional presence,in our view. Primary employers in fiscal 2017 were represented by the University of North Texas (with 8,738 employees), Denton Independent School District(4,417), Peterbilt Motors(2,314), and the Denton State Supported Living Center(1,700).We consider the local tax base very diverse, as the top 10 taxpayers constitute only 6.1%of taxable AV in fiscal 2018.Taxable AV itself has demonstrated steady year-over-year growth since fiscal 2014, and management expects this trend to continue at a rate near 4%annually in line with ongoing development. Both residential and commercial development have contributed to strong AV growth in recent years. Following a year of strong commercial development in fiscal 2017,in which multiple retail enterprises opened or began construction, city officials anticipate that commercial development will remain strong in the near term,with an assortment of new manufacturing and distribution,retail,hotel, and restaurant employers coming online.Among forthcoming projects are investments in electric utility infrastructure--expected to strengthen the city's cold storage industry footprint--as well as expansion to the local airport. Officials also report that construction has recently begun on a handful of new retail store fronts. Residential development likewise continues to represent a reliable source of taxable value growth for Denton, with multiple new subdivisions and multifamily housing complexes in various stages of development. Very strong management We view the city's management as very strong,with strong financial policies and practices under our Financial Management Assessment methodology,indicating financial practices are strong,well embedded,and likely sustainable. Key policies and practices include: favorable budget variance by fiscal year-end; is developing via budget-to-actual reports; city council; WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 30, 2018 3 Summary:Denton, Texas; General Obligation expenditures, and an additional 5%resiliency reserve(25%combined total)may be maintained to safeguard against unusual financial circumstances or economic downturns. Strong budgetary performance Denton's budgetary performance is strong in our opinion.The city had operating surpluses of 3.4%of expenditures in the general fund and of 11.6%across all governmental funds in fiscal 2017. In assessing the city's budgetary performance,we made adjustments for recurring transfers out of the general fund, and for expenditures toward one-time capital projects across total governmental funds with the use of debt proceeds. Denton has historically produced strong budgetary performance results,largely due to conservative budgeting practices in which deficit or balanced budgets are adopted and year-end results regularly exceed expectations.This was the case in fiscal 2017,when the city originally budgeted for a$99,000 drawdown in the general fund following transfers,but finished with a surplus of more than$3.3 million due in part to higher-than-expected sales tax revenues, and significant personnel savings in the public safety and parks and recreation departments. Property taxes represented 40%of general fund revenues throughout the year,with sales taxes(33%)and franchise fees(12%) constituting the next largest revenue sources.While franchise fees have remained stable in recent years,both property taxes and sales tax collections have demonstrated strong year-over-year growth,and officials expect these trends to continue in tandem with both residential and commercial expansion. The city once again budgeted for break-even general fund operations in fiscal 2018, and management reports that revenues and expenditures are trending ahead of expectations thus far, owing to persisting strength in sales tax collections. Despite earmarking$2.7 million in unassigned fund balance for additional capital expenditures related to park and traffic signal improvements,year-to-date projections indicate that the city will instead finish the year with a drawdown of approximately$44,000.And while the recently-adopted fiscal 2019 budget again prescribed a planned drawdown in fund balance,no potential sources of future budgetary pressure have been identified by management at this time. Consequently,we expect budgetary performance to remain strong in the near term. Very strong budgetary flexibility Denton's budgetary flexibility is very strong,in our view,with an available fund balance in fiscal 2017 of 32%of operating expenditures, or$31.8 million. The city has historically maintained very strong reserve levels, exceeding 28%operating expenditures in each of the past three fiscal years, and providing flexibility over its formal policy of 20%. Surplus results in fiscal 2017 allowed the city to grow unassigned fund balance by an additional$3.7 million,and despite budgeting for the use of$2.7 million in reserves for capital projects in fiscal 2018, outperformance in general fund revenues and expenditures may instead culminate in draw on fund balance of$44,000.While management indicates that fund balance may be used to cash finance future capital outlays in a similar manner,no immediate plans exist to materially draw on fund balance, or draw below the city's 20%policy level. Therefore,we expect budgetary flexibility to remain very strong in the near future. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 30, 2018 4 Summary:Denton, Texas; General Obligation Very strong liquidity In our opinion, Denton's liquidity is very strong,with total government available cash at 1.8x total governmental fund expenditures and 12.7x governmental debt service in 2017. In our view,the city has strong access to external liquidity if necessary. Denton's strong access to external liquidity is demonstrated by its access to the market over the past two decades, which includes numerous GO-and revenue-backed bond issuances. It has historically maintained what we consider very strong cash balances, and despite our expectation for deficit operations in fiscal 2018,we do not believe its cash position will materially weaken in the near term.All of the city's investments comply with both Texas statutes and its own formal policy, and were held in treasuries, agencies, certificates of deposit, commercial paper,municipal bonds, and local government investment pools at the end of fiscal 2017,which we do not view as aggressive.Additionally,we have not identified contingent liabilities that could pose a material risk to liquidity.Therefore,we do not expect the city's liquidity position to deteriorate from its very strong position in the near term. Weak debt and contingent liability profile In our view, Denton's debt and contingent liability profile is weak. Total governmental fund debt service is 14.0%of total governmental fund expenditures, and net direct debt is 114.6%of total governmental fund revenue. Debt supported through the city's enterprise fund has been adjusted in our direct debt to revenue calculations. Using the city's total direct debt we estimate that about 53%of debt will be retired over the next 10 years,which we consider average. Management plans to issue about$46.3 million of additional tax-supported debt over the next two years. Despite the additional debt plans,we do not believe the city's key debt ratios will materially change our view of the debt profile. Denton's combined required pension and actual other postemployment benefits(OPEB) contributions totaled 12.6%of total governmental fund expenditures in 2017.The city made its full annual required pension contribution in 2017. The city participates in the Texas Municipal Retirement System(TMRS),which is administered by the State of Texas, and is the city's largest plan. Denton's required pension contribution is its actuarially determined contribution(ADC), which is calculated at the state level,based on an actuary study.Using updated reporting standards in accordance with Governmental Accounting Standards Board(GASB) Statement No. 68,the city's net pension liability was measured as of Dec. 31, 2016, and was$85.5 million.The TMRS plan maintained a funded level of 80.4%,using the plan's fiduciary net position as a percent of the total pension liability.TMRS calculates the ADC using a level percent of payroll amortization, assuming 3%annual growth,which means that contributions are deferred into the future with the idea that growth will enhance affordability.TMRS also amortizes using a layered 25-year offsetting approach.This means that each year there is an actuarial loss,a new base is created to be amortized over 25 years,which we consider long. However,for each actuarial gain,the largest loss is essentially reduced in size--decreasing overall contribution volatility. TMRS lists an equivalent single amortization period for Denton of 18.1 years for 2017. The city also participates in a single-employer, contributory, defined-benefit retirement plan,the Denton Firemans' Relief and Retirement Fund(FRRF)--established to provide pension benefits to full-time firefighters.The city recorded a net pension liability of$19.6 million as of Dec. 31, 2016,with a reported funded ratio of 79%. Contributions to FRRF are defined to be the same percent of payroll as those of TMRS,which equates to a calculated amortization length of WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 30, 2018 5 Summary:Denton, Texas; General Obligation 31 years;however, city officials indicated that a funding plan was recently adopted that will reduce this term to 25 years. While we do not anticipate short-term fixed-cost pressure resulting from the city's pension obligations,the amortization methodology contains potential for unanticipated escalation in our view. However,we anticipate that any near-term increases should be manageable given the city's strong financial position and budgetary performance. As part of its OPEB,the city also provides defined-benefit group term life insurance through the supplemental death benefits fund(SDBF), administered by TMRS,which it funds on a pay-as-you-go basis and to which it contributed $152,556 in fiscal 2017. Furthermore,retiree health care is provided by the city,which is also funded on a pay-as-you-go basis;the city contributed$524,589 toward the plan in fiscal 2017. Although the city's combined pension and OPEB costs represented a high 12.6%of fiscal 2017 adjusted total governmental fund expenditures,we view these charges as somewhat skewed because funds generated from the city's ownership and operations of an electric utility system are used to offset the retiree costs of the system's employees. Most of Denton's comparable peer cities,by contrast, do not benefit from such an arrangement.When adjusting for retiree costs attributed to utility funds, combined pension and OPEB costs for governmental funds equate to a more manageable 9.2%of adjusted fiscal 2017 expenditures. Strong institutional framework The institutional framework score for Texas municipalities is strong. Outlook The stable outlook reflects our view of the city's stable economy within the broad and diverse Dallas-Fort Worth-Arlington MSA,its very strong flexibility and liquidity, and very strong management practices and policies. It also reflects our expectation that the city's debt profile will remain elevated corresponding with anticipated growth and planned future debt issuances. Consequently,we do not expect to change the rating within the two-year outlook period. Upside scenario We could raise the rating if continued economic expansion results in improved wealth and income indicators, compared to those of peers, or if the city's overall debt profile were to improve while strong financial performance is maintained. Downside scenario We could lower the rating if the city's financial performance deteriorates--potentially stemming from fixed-cost pressure resulting from growing pension-related liabilities--leading to sustained and significant drawdowns in reserves. Related Research WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 30, 2018 6 Summary:Denton, Texas; General Obligation Government GO Criteria, Sept. 2, 2015 Ratings Detail(As Of August 30, 2018) Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Long Term Rating AA+/Stable Affirmed Denton GO Unenhanced Rating AA+(SPUR)/Stable Affirmed Many issues are enhanced by bond insurance. Certain terms used in this report,particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.standardandpoors.com for further information. Complete ratings information is available to subscribers of RatingsDirect at www.capitaliq.com.All ratings affected by this rating action can be found on S&P Global Ratings'public website at www.standardandpoors.com. Use the Ratings search box located in the left column. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 30, 2018 7 Copyright©2018 by Standard&Poor's Financial Services LLC.All rights reserved. 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S&P may receive compensation for its ratings and certain analyses,normally from issuers or underwriters of securities or from obligors.S&P reserves the right to disseminate its opinions and analyses.S&P's public ratings and analyses are made available on its Web sites,www.standardandpoors.com(free of charge),and www.ratingsdirect.com and www.globalcreditportal.com(subscription),and may be distributed through other means,including via S&P publications and third-party redistributors.Additional information about our ratings fees is available at www.standardandpoors.com/usratingsfees. STANDARD&POOR'S,S&P and RATINGSDIRECT are registered trademarks of Standard&Poor's Financial Services LLC. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT AUGUST 30, 2018 8 �r FitchRatings Denton, Texas New Issue Report Ratings New Issue Summary Long-Term Issuer Default Rating AA+ Sale Date:Week of Sept. 10, 2018. New Issue Series:Certificates of Obligation, Series 2018A. $29,600,000 Certificates of Purpose:To finance various street improvements, municipal airport upgrades and the Obligation,Series 2018A AA+ construction of a new municipal service center. Outstanding Debt Certificates of Obligation AA+ Security:An annual property tax levy, limited to$2.50 per$100 of taxable assessed valuation. General Obligation Bonds AA+ Analytical Conclusion Rating Outlook Stable The 'AA+' Issuer Default Rating (IDR) and GO bond rating reflect exceptionally strong operating performance, supported by solid revenue growth prospects, ample revenue-raising capacity and sound expenditure flexibility. The ratings also reflect the expected, continued, moderate (but slightly elevated) long-term liability burden. Economic Resource Base: With a population of about 133,000, Denton is located at the northern end of the Dallas-Fort Worth metropolitan area. The local economy features institutes of higher education, a regionally prominent medical sector, and a strong warehousing and manufacturing base, leveraging the city's multi-modal transportation network. Key Rating Drivers Revenue Framework: 'aaa' Fitch Ratings expects Denton's diverse and expanding tax base to continue to grow at a pace in excess of U.S. GDP. Strong revenue-raising capacity is supported by a tax rate well below the statutory cap. Expenditure Framework: 'aa' The city's pace of spending is aligned with revenue growth. Discretion with respect to workforce and other operating costs provides the city with flexibility to address future uncertainties, including economic slowdowns. Carrying costs do not pressure the budget; however, debt issuances for capital needs are expected to keep carrying costs somewhat elevated. Long-Term Liability Burden: 'a' Currently at 21% of estimated personal income, long-term liabilities place a slightly elevated, but still moderate, burden on the resource base over time, considering likely debt issuance to address regional growth needs. The city's net pension liability (NPL) contributes a modest amount to its long-term liability burden. Operating Performance: 'aaa' Fitch anticipates Denton would maintain strong financial flexibility in an economic downturn Analysts based on relatively stable revenues and sound expenditure flexibility. The city consistently Emmanuelle Lawrence maintains a solid financial cushion. +1 512 215-3740 emmanuelle.lawrence@fitchratings.com Jose Acosta Rating Sensitivities +1 512 215-3726 jose.acosta@fitchratings.com Liability Burden: The ratings assume that liability levels will remain generally consistent with current levels, placing a slightly elevated, but moderate, burden on the resource base. www.fitchratings.com September 6, 2018 FitchRatings 144 Rating History (IDR) Credit Profile Outlook/ Denton's location at the convergence of Interstates 35 East and West and ready access to air Rating Action Watch Date AA+ Affirmed Stable $/Da a and rail transportation have contributed to its strong warehousing and manufacturing base. The AA+ Assigned Stable 3/19/12 city is home to sizable distribution centers such as Target, Aldi, Fastenal and WinCo. Its diverse manufacturers include Safran, Flowers Baking Company, TetraPak and Peterbilt Motors. Denton is also known for its institutions of higher education (University of North Texas and Texas Woman's University) and regionally prominent medical sector. The city's growing healthcare facilities serve north Texas and southern Oklahoma. These institutions include Columbia Medical Center Denton, Texas Health Presbyterian Hospital and The Heart Hospital Baylor Denton. Current TAV, at $10.3 billion, represents about a 13% increase over the previous year. The city's management typically budgets for an annual 4% TAV increase. However, for the past several years, TAV growth has exceeded budget projections. Additional development is reported across the city's commercial, industrial and residential property base. The city's ample developable land positions it well for ongoing solid growth over the medium to long term. Revenue Framework Taxes, including property and sales taxes, account for the bulk of the city's operating revenues. Based on fiscal 2017 audited results,tax receipts accounted for 74%of general fund revenues. The 4.1% CAGR of Denton's general fund revenues over the 10 years ended fiscal 2017 reflects growth in excess of U.S. GDP, driven by rapid TAV growth and mirroring the expanding regional economy. Fitch expects ongoing revenue strength. Denton's fiscal 2018 tax rate of$0.638 cents per$100 of TAV provides ample capacity below the statutory cap of$2.50. If a proposed tax rate results in an 8% year-over-year levy increase (based on the prior year's values), the rate increase may be subject to election if petitioned by voters. Expenditure Framework Based on audited results, public safety accounted for 58%of fiscal 2017 general fund spending. The pace of spending is likely to remain at the level of revenue growth based on the expected moderate pace of population growth and the ongoing strength of revenues, incorporating a diverse tax base and robust sales tax growth along the city's transportation corridors. The city maintains flexibility with respect to headcount and salary arrangements and through the discretionary nature of its pay-as-you-go capital spending program as well as its annual contributions to funding street improvements. Carrying costs represent 21% of governmental spending and reflect a 10-year debt amortization rate of 55%. The city has a sizable multiyear capital improvement program and plans to issue additional debt over the near term. As such, we anticipate carrying costs to remain at about 20%. Moreover, the city's pension accounts for almost one-half of carrying costs, and other post-employment benefits costs are minimal. Related Research Long-Term Liability Burden Fitch Rates Denton, Tx's $29.6MM COs Fitch expects Denton's long-term liabilities, currently 21% of personal income, to remain 'AA+';Outlook Stable(August 2018) elevated but in the moderate range based on growth in both debt and personal income. Related Criteria Overlapping debt makes up the bulk of the city's long-term liability burden. U.S.Public Finance Tax-Supported Rating Criteria(April 2018) Denton's five-year capital improvement plan includes about$130 million of general government needs between fiscal 2017 and fiscal 2021, somewhat above the debt scheduled to be retired Denton,Texas 2 September 6,2018 FitchRatings - - over the same period. The city has roughly$34 million of remaining GO authorization. The city has tentative plans to approach voters for additional bonding authority over the next 24 to 36 months. In addition to general government needs, Denton's near-term enterprise priorities include the 220 MW quick-start Denton Energy Center to support the city's transition to reliance on a greater amount of renewable energy. The city's pensions are provided through the Texas Municipal Retirement System, an agent multiple-employer, defined-benefit plan, and the Denton Firemen's Relief and Retirement Fund, a single-employer plan. Under GASB Statement 68, the city reports a fiscal 2016 NPL of $105 million for both plans combined, with fiduciary assets covering 80% of total pension liabilities at the plans' 6.75% investment return assumption. Using a more conservative 6% investment return assumption, the ratio of assets to liability declines to 73% and the NPL rises to$162 million. Operating Performance Fitch expects Denton to maintain the highest gap-closing capacity through an economic downturn. For details, see Scenario Analysis, page 4. Over the past 18 months, Denton updated its reserve policy to include the 5% resiliency reserve component to safeguard against unexpected financial circumstances or economic downturns. The city's financial flexibility is demonstrated by its practice of funding non-recurring expenditures with favorable revenue performance and taking advantage of economic upturns to maintain its financial cushion. Denton,Texas 3 September 6,2018 FitchRatings - - Denton l Scenario Analysis v.2.02017iO3i24 Reserve Safety Margin in an Unaddressed Stress Analyst Interpretation of Scenario Results; 45.0% -- --- Actual Scenario Fitch expects Denton to maintain the highest gap closing capacity through an 40.0% --- --- 1 � economic downturn.As demonstrated in Fitch's analytical sensitivity tool(FAST),which I do depicts a 1%decline in GDP scenario,the city has a strong financial cushion to address 35 0% --- --- -- - -- t ---- do-� a moderate economic downturn.Fitch expects the city would maintain an ample I 30.0% dM so 4 - -am GOT -- ---- cushion given its high level of revenue raising capacity and adequate expenditure 25.0% ... ... .. ...l............ flexibility. I 20.0% ....... ........... .......... ....._... ......... ..._1............ _... _... 15.0% The city completed fiscal 2017 with a$3.6 million operating surplus and$31.8 million in unrestricted reserves,which equates to 30%of spending.According to 10.0% -- --- -- -- --- V, ---- --- management,the fiscal 2017 surplus is largely due to higher-than-anticipated property I 5.0% I --- -- and sales tax receipts.Denton projects similarly strong fiscal 2018 results based on 00% -- -- -- - -- --- ------ .: brisk sales tax revenues.The city's five-year forecast reflects moderate revenue 2015 2016 2017 Year 1 Year 2 Year 3 growth,with maintenance of reserves at a level consistent with the city's 20%of Financial Resilience 5ubfactor Assessment: spending policy floor plus a 5%resiliency reserve(25%combined total). -Available Fund Balance -bbb -a -aa -aaa Scenario Parameters: Year 1 Year 2 Year 3 GDP Assumption(%Change) (1.0%) 0.5% 2.0% Expenditure Assumption(%Change) 2.0% 2.0% 2.0% Revenue Output(%Change) (1.0%) 3.4% 5.9% Inherent Budget Flexibility High Revenues,Expenditures,and Fund Balance Actuals Scenario Output 2011 2012r r15 2016 2017 Total Revenues 85,343 83,636 85,432 89,777 95,772 102,302 110,167 109,065 112,749 119,375 %Change in Revenues - (2.0%) 2.1% 5.1% 6.7% 6.8% 7.7% (1.0%) 3.4% 5.9% Total Expenditures 82,039 80,834 84,701 88,608 92,523 97,686 100,561 102,572 104,623 106,716 %Change in Expenditures - (1.5%) 4.8% 4.6% 4.4% 5.6% 2.9% 2.0% 2.0% 2.0% Transfers In and Other Sources Transfers Out and Other Uses 516 1,557 950 1,171 1,840 3,982 6,293 4,062 4,143 4,226 Net Transfers (405) (1,390) (810) (1,086) (1,722) (3,811) (6,005) (3,892) (3,968) (4,040) Bond Proceeds and Other One-Time Uses - - - - - - - - - - Net Operating Surplus(+)/Deficit(-)After Transfers 2,899 1,412 (79) 83 1,527 805 3,601 2,601 4,158 8,618 Net Operating Surplus(+)/Deficit(-)(%of Expend.and Transfers Out) 3.5% 1.7% (0.1%) 0.1% 1.6% 0.8% 3.4% 2.4% 3.8% 7.8% Unrestricted/Unreserved Fund Balance(General Fund) 24,424 25,836 25,755 25,838 27,365 28,170 31,771 34,372 38,530 47,149 Other Available Funds(Analyst Input) - - - - - - - - - - Combined Available Funds Balance(GF+Analyst Input) 24,424 25,836 25,755 25,838 27,365 28,170 31,771 34,372 38,530 47,149 Combined Available Fund Bal.(%of Expend.and Transfers Out) 29.6% 31.4% 30.1% 28.8% 29.0% 27.7% 29.7% 31.5% 35.4% 42.5% Reserve Safety Margins Inherent Budget Flexibility Minimal Limited Midrange High Superior Reserve Safety Margin(aaa) 16.0% 8.0% 5.0% 3.0% 2.0% Reserve Safety Margin(aa) 12.0% 6.0% 4.0% 2.5% 2.0% Reserve Safety Margin(a) 8.0% 4.0% 2.5% 2.0% 2.0% Reserve Safety Margin li 3.0% 2.0% 2.0% 2.0% 2.0% Notes:Scenario analysis represents an unaddressed stress on issuerfinances.Fitch's downturn scenario assumes a-1.0%GDP decline in the first year,followed by 0.5%and 2.0%GDP growth in Years 2 and 3,respectively.Expenditures are assumed to grow at a 2.0%rate of inflation.Inherent budget flexibility is the analyst's assessment of the issuer's ability to deal with fiscal stress through tax and spending policy choices,and determinesthe multiples used to calculate the reserve safety margin.For further details,please see Fitch's US Tax-Supported Rating Criteria. 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Denton,Texas 5 September 6,2018 BOND RATING CHART Classification Moody's 5&P Fitch Meaning Aaa AAA AAA Prime Grade Aa1 AA+ AA+ Aa2 AA AA High Grade Aa3 AA- AA- Investment Grade Al A+ A+ A2 A A Upper Medium Grade A3 A- A- Baal BBB+ BBB+ Baal BBB BBB Lower Medium Grade Baa3 BBB- BBB- Bat BB+ BB+ Bat BB BB Non-Investment Grade Speculative Ba3 BB- BB- B1 B+ B+ B2 B B Highly Speculative B3 B- B- Junk Caa1 CCC+ CCC+ Substantial Risks Caa2 CCC CCC Extremely Speculative Caa3 CCC- CCC- In Default with Little Ca CC CC+ Prospect of Recovery C CC CC- In Default D D D Note: City's current ratings for all general obligation debt are: AA+from S&P and Fitch. Moody's has not rated the City's new bonds since 2011 but maintains a surveillance rating of Aa2 for any outstanding general obligation debt (2011 and prior). Date: September 14, 2018 Report No. 2018-126 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: GreenSense Incentive Program Processes and Requirements BACKGROUND: The purpose of this report is to provide additional information requested by City Council during the August 21 City Council meeting on the GreenSense Incentive Program. DISCUSSION: The Finance Department presented Denton Municipal Electric's proposed budget for fiscal year 2018-2019 to City Council on August 21. During the Work Session, Council requested the following: 1. Currently, the solar rebate cannot exceed 50% of the installed cost. Provide financial analysis showing the impact of increasing the percentage to 60%, 70%, etc. 2. What are the pros and cons of implementing `roll-over' solar power credits, similar to phone roll-over minutes? 3. What zoning issues have come up regarding solar and what changes in zoning are needed to allow more residential solar? 4. Additional flexibility for daytime charging of electric vehicles. 5. What would it look like if the solar rebate budget was divided between residential and commercial installs? CONCLUSION: 1. DME has reviewed the solar rebates given in the past three years. In both FY2018 and FY2017, the average rebate was 18% of the installation cost. In FY2016, the average rebate was 37% of the installation cost. Increasing the percentage cap for the solar program would not impact the amount of rebate paid as the incentive level itself effectively prevents the rebate from reaching 50% of the installation costs. (Staff will likely propose to eliminate the cap in FY 2020's GreenSense program). 2. If a customer were to have enough excess generation to cover their entire utility bill, a credit will be applied for the following month. 3. Currently, there are no zoning restrictions or design criteria requirements for solar photovoltaic systems. Date: September 14, 2018 Report No. 2018-126 4. DME asks that electric vehicles be charged during off peak hours because the objective of the GreenSense Incentive Program is to reduce energy peak demand and consumption. However, there is not currently a mechanism in place to offer time-of-day pricing for electric vehicle charging. 5. DME has reviewed solar rebates over the past three years. On average, commercial solar installations comprise 16% of the rebate funds. If the budget were to be divided 20/80, residential rebate funds would be $400,000 and commercial would be $100,000. Based on this historical level of commercial rebates, a formal split of the GreenSense rebate budget is not likely to provide any additional funds for residential rebates, but could be reconsidered for FY 2019-2020. STAFF CONTACT: George Morrow, DME General Manager (940) 349-8487 George.Morrow@cityofdenton.com Date: September]4, 2018 Report No. 2018-127 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Overview of non-profit support agency agreements with the City of Denton. SUMMARY: In May of 2018,the City Council received a work session presentation regarding the development of formal agreements between non-profit support agencies and the City of Denton. At that time, Council directed staff to proceed with developing formal agreements with each non-profit agency to clarify key elements including roles and responsibilities of staff,use of City facilities,assets and resources, and reporting requirements. The first non-profit agency agreement that staff drafted was with the Denton Parks Foundation, which was presented to City Council on July 17 and adopted on August 7. Using the Denton Parks Foundation agreement as a guide, staff then began the process of developing agreements with the Friends of the Denton Public Libraries, Keep Denton Beautiful, Inc., and the Denton Animal Support Foundation. It should be noted that previous agreements have existed with both Keep Denton Beautiful, Inc. and the Denton Animal Support Foundation,but those agreements have not been reviewed or updated in several years. Friends of the Denton Public Libraries The Friends of the Denton Public Libraries is a nonprofit support and fundraising organization that supports the Denton Public Library. The Friends of the Denton Public Libraries was formed as a Texas nonprofit association in 1987 and has helped the library through fundraising efforts and community outreach. Current Friends fundraising activities include: • Membership donations; • Second Hand Prose Book Store-located at the North Branch Library. Open Saturdays 9 a.m.-3 p.m., Sundays 1 p.m.-4 p.m., and Mondays 9 a.m.-8:30 p.m.; • Quarterly Book Sales-held at the North Branch Library in February, May, August, and November; and • Online book consignment. Funds from the Friends of the Denton public Libraries organization have been used to purchase incentive books for the Library's Summer Reading Challenge and furniture and technology for all three branches of the Library. In collaboration with the Friends of the Denton Public Libraries Board of Directors, staff has developed a draft agreement. The agreement has been formally reviewed by the board and it is anticipated that the board will officially sign the agreement during their meeting on Saturday, September 15. Pending board signature, the agreement will be brought forward for Council consideration on September 25. Date: September]4, 2018 Report No. 2018-127 Below is a high-level overview of the key roles identified in the agreement: Agency Role City Commitment Promote programs, resources and services provide Provide Storefront space for the by the Denton Public Library Secondhand Prose Bookstore at the North Branch Library Develop an Annual Activity Plan outlining Provide storage space at the North Branch fundraising activities for library projects and Library improvements. Maintain records of all gifts and pledges received Provide facilities for Board of Directors Meetings Disbursements made to the City will be provided in Identify projects where fundraising Quarterly Treasury Reports support could be used Administers and manages the disbursements of funds collected by the agency Denton Public Library Director to serve as an ex- officio member to the Board of Directors Keep Denton Beautiful Keep Denton Beautiful (KDB) was established in 1987. In April of 1995, KDB, Inc. was established as a non-profit agency focused on supporting City activities by improving the cleanliness and beauty of the community through education,public outreach, and the coordination of volunteers. At that time, the Board changed from one that was purely advisory and Council- appointed to one that was an active projects and programs based organization with by-laws and the addition of twelve community members. In 2000, the KDB, Inc. Board of Directors voted to become solely a 501(c)(3) organization. The City approved the request, and the council-appointed advisory board was dissolved. Currently, the KDB, Inc. Board of Directors nominates and selects board members through a nomination sub-committee. The programming support, fundraising, and volunteer coordination services provided by KDB, Inc. are vital to the success of the Keep Denton Beautiful operation. The combined KDB budget (City and non-profit agency funding) for the current fiscal year is $482,030; approximately 90% of which is funded by the City of Denton. The attached document outlines KDB funding from FY 2015 to present. The intent of the draft agreement is to delineate the roles of City KDB staff from the responsibilities of the KDB, Inc. Board of Directors. Areas that need to be addressed include division of responsibilities between City staff and the Board, reporting, responsibility for banking operations, and disbursement of funds raised by the KDB, Inc. Board. Staff has discussed the draft agreement with the Board of Directors and the agreement is currently being reviewed by the Board and the KDB, Inc. attorney. Staff understands that there may be concerns with some of the language in the draft agreement, and is awaiting feedback from the board on their proposed revisions. City staff is committed to working with the Board to resolve Date: September14, 2018 Report No. 2018-127 any outstanding issues and to continue a successful partnership in the future. Staff will continue to coordinate with the Board with a goal of having an agreement ready for Council consideration in October. Denton Animal Support Foundation The Denton Animal Support Foundation (DASF) was formed in April of 2006 as a non-profit organization whose vision is to provide a comprehensive approach to animal welfare that provides for the humane treatment of all Denton area domestic pets and for every adoptable shelter animal to have a home. DASF supports the City of Denton's Linda McNatt Animal Care and Adoption Center through: • Fundraising for adoption, medical, and other programs; • Marketing and public awareness; and • Educational programs promoting animal welfare. Funds from DASF are used to provide medical care,equipment,and adoption subsidies for animals receiving care at the animal shelter. Staff has completed a draft agreement the draft has been shared with the Board Chair. Staff anticipates the Board of Directors will sign the agreement later in September and is planning to bring the agreement forward for Council consideration in October. STAFF CONTACT: Bryan Langley, Deputy City Manager Keep Denton Beautiful Budget/Income Information FYI-4-1-5 to Present City Budget 3 yr average%spent:82% Personal Services 239,150 245,663 256,879 300,331 Rent of Building -- 40,194 37,242 46,800 Materials and Supplies 12,720 22,454 19,959 11,450 Maintenance and Repair 432 882 0 275 Insurance 2,786 2,806 1,217 2,903 Miscellaneous 305 480 293 600 Operations* 11,020 9,719 7,842 21,755 Interfund Transfers 51,562 29,829 23,010 33,932 0, , *2017-2018 budget includes$10,000 SWR contract payment to KDB,Inc. To be moved to Admin in subsequent budgets KDB, Inc.Income (received to date) Corporate Sponsorships 9,950 9,750 9,000 7,508 City Sponsorships City of Denton Contract Payment 10,000 10,000 10,000 10,000 Denton Municipal Electric 11,500 11,500 1Z050 11,500 Watershed Protection 8,000 9,000 9,500 5,500 Solid Waste and Recycling -- Z500 -- -- Subtotal for City Sponsorships 29,500 33,000 31,550 27,000 Total of Corporate and City Sponsorships 39,450 42,750 40,550 34,508 Grants 12,200 8,900 9,000 15,000 Memberships 5,775 5,260 3,785 4,410 Merchandise,Third Party Donations, Special Ev 14,886 16,441 19,014 10,065 Interest Earned 1 1 1 1 Summary of KDB, Inc. Program and Event Funding Sources Total City Sponsorships 29,500 33,000 31,550 27,000 Total Outside Sponsorships and Other 42,812 40,352 40,800 36,984 Percent KDB, Inc. Programs City Funded 41% 45% 44% 42% Percent Programs Funded Other Sources 59% 55% 56% 58% Total KDB, Inc.Income and City Budget 390,287 425,379 418,792 482,030 Percent Total City Funded 89% 91% 90% Percent Total Funded Other Sources 11% 9% 10% Current as of June 26, 2018 Date: September 14, 2018 Report No. 2018-128 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Use of Public Art for Traffic Calming BACKGROUND: Many growing communities across the U.S. experience increased issues with cut-through traffic resulting in real or perceived higher-speed use of residential streets. These traffic changes can negatively impact residents' sense of neighborhood safety and quality of life. For more than a decade, communities of all sizes across the nation have utilized public art as a traffic calming mechanism that provides communities the opportunity to collaboratively join in expressing their unique sense of place, spirit, and hope for the future. DISCUSSION: Three prevalent applications of public art enhancements in traffic calming are three-dimensional art installed in turnabouts and thoroughfare medians,two-dimensional wall murals in high density urban areas, and art applications to the street itself. Street surface art can be executed as part of a design feature of the street construction, or as hand-painted street surface murals that come at minimal comparative cost, making them a popular, scalable tool for neighborhoods in cities of all sizes. Funding sources for these projects differ based upon their use, scale, and intended longevity. Three-dimensional public art installed in thoroughfare medians and turnabouts are often financed through capital set-aside percentages for public art. All researched examples of public art use in traffic calming involved community input relevant to the project. A larger-budget piece for installation in an arterial turnabout or median often involved selection from among several pieces pre-selected by the city's public art organization(s) and ultimately determined by a form of citizen ballot. In some instances these pieces were leased for a period of time and moved between city locations during their leased period. Similarly funded, street surface art can be executed as part of a design feature in street construction or reconstruction. The use of construction materials and finishes to create attention-getting art/designs in intersections and/or streets can enhance perception of an area's attributes and help to define a sense of unique destination and place. Public art murals are creative expressions of a community and serve a variety of largely community engagement, revitalization, and place-making purposes. They provide an opportunity for engaging residents from the broader community to small neighborhood areas to collaboratively bond in celebrating their neighborhood identity. Date: September 14, 2018 Report No. 2018-128 From large cities like New York, Minneapolis, and Denver to smaller cities like Cambridge, Massachusetts, and Rochester,New York, murals were found to have the unintended consequence of slowing drivers down. Cities began to experiment with painting on the asphalt center of intersections with the objective to slow traffic at a fraction of what conventional speeding deterrent, like a raised crosswalk would cost. Today, a number of cities have implemented street mural programs adopting best practices from successful neighborhood street painting programs like those pioneered in Portland, Oregon, and St. Paul, Minnesota. One such neighborhood traffic calming mural program designed to get drivers to slow down in neighborhoods was launched by the City of Charlotte,North Carolina, and is attached. The City of Charlotte pays for paint and an artist in this neighborhood matching grant program. CONCLUSION: Public art as a creative means to address traffic calming is used in many cities in the U.S. and may provide an additional option for addressing traffic calming issues in the City of Denton. ATTACHMENT(S): • Images of public art in traffic calming • City of Charlotte,North Carolina"Paint the Pavement"Program Guide and Manual STAFF CONTACT: Michelle Cunningham, Business Development Officer (940) 349-7771 Michelle.Cunnin hg am(a),cityofdenton.com Images of Public Art use in Traffic Calming • Turnabouts and Medians _--mew Sarasota, FL Windsor, Ontario—"leaf" limb canopies catch the wind and spin. lit 1 � i Nashville, TN Phoenix, AZ �1 I 0 �"r•t -may-� �� _ � r. r s ♦' �.- � z �� :ice -a-_ S- �� �� • Neighborhood Wall Murals jY Saint Louis, MO Portland, OR WE �.►�._.►��.Q� pt ♦ }►tea►���►�►_ 3 Denver, CO lie MEM _ �. Cleveland, OH Neighborhood r r Johnson • � _�Jam`� � � f,.•� � . � 1 Minneapolis, MN Charlotte, Painted sidewalk and crosswalk at 9th&Brevar Applicant Contact CDOT staff via before you get started on your application.Your email should include the location(s)you have in mind for your project with a corresponding map.This will allow City staff to assess the request and put together some helpful guidance.CDOT will also provide some preliminary guidance on a traffic control plan at this stage. CDOT CDOT will normally contact you within 15 business days and, if necessary,will arrange a date/time for an in-person pre- application meeting. Applicant Upon CDOT location approval, begin to gather neighborhood support. Because Paint the Pavement projects create a semi- permanent change to the neighborhood, obtaining community support is an essential part of the process and should be included with your Paint the Pavement application in Step#3. Applications that do not include documentation of community outreach will not be considered. Full support from every property on the block is not a requirement for a proposal to move forward, but it's important to demonstrate adequate community outreach *For contact information for registered neighborhoods visit charlottenc.gov/nocl 40Applicant Prepare and submit Your Paint the Pavement Application. See the Application Checklist and Forms in the Appendix of the full manual for more information. 50CDOT Reviews application for completeness. Schedules Beautification Bureau review,a subcommittee of the Neighborhood Matching Grants Citywide Review Committee. 60 Beautification Open meeting to consider application based on 1) Bureau appropriateness of content,and 2) community support. 70 Approval is specific to the concept presented and is contingent on receipt of a CDOTTemporary Infrastructure Agreement. Applicant Provide the following to CDOT's Bruce Horldt, or 704-336-8348 • Beautification Bureau letter of approval • Completed Temporary Infrastructure Agreement (TIA) • $150TIA fee payable to the City of Charlotte •• N Execu IONS Temporary Infrastructure IIIIIIII 9 Applicant Proceed with installation! CONSIDERATIONS • No words, logos, commercial speech or advertising are allowed. (See the General Considerations for Art in CDOT Right-of- Way Memorandum included in the forms portion of the application package.) • The applicant is advised that the visual .' images are not intended to create a R� forum for public expression. The City right-of-way is a closed public forum.The +!, City reserves the right to control what is depicted in the City's right-of-way. • It's important to ensure that Paint the Pavement projects do not create areas "''''� that become slippery when wet. As such, designs must include sufficient blank space (non-painted areas) to ensure adequate roadway grip.Alternatively,the paint may be mixed with walnut shells or "shark grip"grit (chewed up plastic pieces) to add grit and prevent a slip hazard. - These materials are readily available and CDOT staff can help guide applicants seeking to use them. • The painting may not mimic traffic control devices such as crosswalks or street signage. Yellow and white paint shall be minimized to avoid looking like traffic control devices.TheTIA outlines other j applicant responsibilities. 4010 Pointed intersection at Sunnyside and Oakland FUNDING OPPORTUNITY Neighborhood organizations may apply for funding for Paint the Pavement and other projects as part of the Neighborhood Matching Grants program,eligibility and other criteria apply.Visit charlottenc.gov/nmg or contact Kirsty Sanchez for more information, Kirsty.Sanchez@charlottenc.gov or (704) 336-4594. ATTACHMENTS INCLUDEMI • Full Paint the Pavement Manual including CDOTTemporary Infrastructure Agreement and Artists Waiver Charlotte Department of Transportation Paint the Pavement Manual Table of Contents Introduction........................................................................................................................................................................1 EligibleApplicants...............................................................................................................................................................2 EligibleProject Types& Locations......................................................................................................................................2 ProhibitedLocations...........................................................................................................................................................3 ApprovalProcess.................................................................................................................................................................3 DesignRequirements..........................................................................................................................................................4 Installation Process &Closing the Street............................................................................................................................5 Maintenance & Repair........................................................................................................................................................6 ApplicationChecklist...........................................................................................................................................................6 FrequentlyAsked Questions (FAQs) ...................................................................................................................................6 AdditionalInformation........................................................................................................................................................7 AppendixA- Forms.............................................................................................................................................................8 Appendix B - General Considerations for Art in CDOT Right-of-Way ...............................................................................17 Appendix C—Temporary Infrastructure Agreement........................................................................................................20 Introduction So you want to paint the pavement!The goal of this guide is to provide citizens an opportunity to participate in placemaking throughout the City of Charlotte. In recent years, Charlotte residents have expressed interest in decorating their streets to celebrate unique aspects of their neighborhoods and strengthen community bonds. In response,the City of Charlotte created this manual to guide neighbors who want to come together to install a "Paint the Pavement" project within City maintained right-of-way.This manual explains the process and requirements, and provides all of the necessary forms. It's important to keep in mind that all Paint the Pavement projects in the public right-of-way become City property.The City of Charlotte has the right to modify, replace, remove, and/or restore any project elements located within City right- of-way.The maintenance and repair of Paint the Pavement projects is the responsibility of the applicant per the completed Temporary Infrastructure Agreement between the applicant and the City.The rest of the manual explains this in more detail. Questions regarding this manual should be directed to PaintThePavement@charlottenc.gov. City of Charlotte Paint the Pavement Manual 1 Eligible Applicants Eligible applicants include neighborhood associations, community organizations, and business associations OR individuals sponsored by a neighborhood association, community organization, or business association. A primary contact (hereinafter referred to as the applicant) shall be designated as part of the application package.The applicant is responsible for submitting the forms identified in the Application Checklist. Eligible Project Types & Locations In general, projects should only be located on local streets that carry less than 10,000 vehicles on an average day.This is for two important reasons: 1) projects on thoroughfares or streets that carry more than 10,000 vehicles per day typically require more complicated traffic control to install, and 2)they typically wear away more quickly than street murals painted on low-volume streets. There are generally five types of eligible Paint the Pavement projects. If your project idea doesn't fall within one of the five categories below, please contact city staff at PaintThePavement@charlottenc.gov to discuss your idea. We'll give you some helpful tips about appropriate locations for Paint the Pavement projects. 1. Intersection Murals—Murals painted in the middle of street intersections have been the most common and popular type of Paint the Pavement projects in other cities. Low volume residential streets tend to be the best candidates for these. Intersections with traffic signals and/or marked crosswalks are not eligible for this kind of Paint the Pavement project because such projects may obscure important traffic control markings, potentially confusing motorists. If you are interested in an intersection location with a marked crosswalk, skip down to#2. 2. Crosswalk Murals—Paint the Pavement projects may be used to enliven existing marked crosswalks.The most important requirement for this type of Paint the Pavement project is that the painting CANNOT obscure the crosswalk striping (including any green markings used to denote shared/bicycle crossings).The crosswalk striping is a regulatory traffic control device that is essential to the safe operation of street intersections. Crosswalk murals must "stay within the lines" of the crosswalk to avoid creating confusion for pedestrians and motorists. City staff can help provide more guidance. 3. Midblock Murals—Paint the Pavement projects may also be installed in midblock locations. Generally midblock murals are most successful when they are tied to a significant adjacent land use, like a museum, library, park, or other neighborhood-serving land use. Midblock locations involving bike lanes, on-street parking spaces,two-way center turn lanes, etc. may be acceptable locations, but will require additional scrutiny to ensure that the Paint the Pavement project does not obscure, mimic, or confuse any traffic control device. Midblock murals cannot be used near approaches to signalized intersections (within 200 feet) or in street segments with more than three total vehicular lanes (including center turn lanes) because they may obscure important traffic control markings. 4. "Live-Ends"—These are projects that use cul-de-sacs or dead-end streets as a canvas for Paint the Pavement installations,transforming them into "Live-Ends!" Dead-ends typically make great candidates for Paint the Pavement projects due to low traffic volumes and the opportunity to enliven infrequently used rights-of-way. 5. Sidewalk Murals—Sidewalks also make great candidates for the Paint the Pavement projects within the public right- of-way. Certain special sidewalks (like the Tryon Street mall in Uptown Charlotte) may not be an appropriate location because of the specific streetscape design requirements for those corridors. City of Charlotte Paint the Pavement Manual 2 Prohibited Locations There are places where Paint the Pavement projects are not a good fit because they may obscure, mimic, or confuse traffic control markings.The following types of locations are not permitted for Paint the Pavement projects: • Portions of the roadway that include school zone markings or railroad markings; • Approaches to signalized intersections (within 200 feet) as these typically include turn lane arrows, stop bars, etc.; • Shared-use crosswalks which are installed with a green color in between the white crosswalk markings to denote a shared pedestrian and bicycle crosswalk, and • Any other portions of the roadway in which a Paint the Pavement project may obscure, mimic, or confuse pavement markings or regulatory devices. • A locations which involve NCDOT right-of-way. The Charlotte Department of Transportation (CDOT) shall have the final authority to screen and identify eligible locations and may deny any Paint the Pavement request for any reason. Approval Process To install a Paint the Pavement project you'll need two things; 1) a Temporary Infrastructure Agreement(this is the approval of your design concept), and 2) a Block Party or Special Events Permit (this is your approval to close down the street to install your project). Here are the steps to get there. (Note—For projects on sidewalks only, a Block Party or Special Events Permit may not be necessary.) • STEP 1: Pre-application Conversation with CDOT Staff o Contact CDOT staff via PaintThePavement@charlottenc.gov before you get started on your application. Your email should include the location(s)you have in mind for your project with a corresponding map.This will allow City staff to assess the request and put together some helpful guidance. CDOT will also provide some preliminary guidance on a traffic control plan at this stage. o CDOT will normally contact you within 15 business days and, if necessary, will arrange a date/time for an in- person pre-application meeting. o Street closures or events that are larger or more complex may also require a Special Events Permit. • STEP 2:Gather Neighborhood Support o Because Paint the Pavement projects create a semi-permanent change to the neighborhood, obtaining community support is an essential part of the process and should be included with your Paint the Pavement application in Step#3. Applications that do not include documentation of community outreach will not be considered. Full support from every property on the block is not a requirement for a proposal to move forward, but it's important to demonstrate adequate community outreach. o Fronting Businesses& Property Owners:At a minimum, applicants must demonstrate the support of any businesses and property owners which front a proposed Paint the Pavement project. o Neighborhood Organizations:Applicants must also notify any adjacent neighborhood association, merchants' association or municipal service district of the proposed Paint the Pavement location and preliminary design. No formal approval from a neighborhood organization is required, although it is welcome. CDOT may assist with identifying the appropriate neighborhood organization(s) upon request. o Signatures of Support:Applicants are also encouraged to obtain signatures of support from nearby property owners, businesses and tenants that aren't immediately adjacent to the proposed project. Petitions shall include the name, address and phone number of all those who sign it. City of Charlotte Paint the Pavement Manual 3 • STEP 3: Prepare and Submit Your Paint the Pavement Application o See the Application Checklist and Forms in the Appendix of this manual for more information. o When developing projects, consider the scale and timeline to ensure the project is within your(or your organization's) capacity. Include a realistic timeline for installation and cleanup, including paint drying time.You will need to have traffic control in place long enough for your project to dry. • STEP 4: Review and Revisions o Upon receipt of a complete application packet(see the Application Checklist and Appendix for application forms), CDOT will normally review within 30 business days to either approve, deny, or request revisions to the design concept and application. o As part of the review, the project design and content will be evaluated through the City's Neighborhood & Business Services Neighborhood Matching Grants Committee. o You'll also want to start thinking about a date for the installation of your project and submit a Block Party Permit application. Set the installation date out far enough (at least 30 days)to allow plenty of time for the review and revisions of your Paint the Pavement scheme.That will also give you time to recruit some neighbors to help you pull it off. • STEP 5:Get Your Permit and Start Painting! o The City will provide written approval of the application.The applicant is advised to wait for this written approval before any material acquisition or other commitment of any funds to the endeavor. o Once your Temporary Infrastructure Agreement and Block Party Permits are approved,you have everything you need! Gather your materials and your volunteers, and get ready for your installation date. o Have fun and get the whole neighborhood involved! See "Installation Process&Closing the Street"for more on how to execute your project. o All materials and equipment shall be removed from the site after installation is complete. o The City will inspect the project after installation to ensure compliance with the Temporary Infrastructure Agreement and to ensure the site has been cleaned in an appropriate manner. o The City will own the work after inspection and acceptance of the final installation, however maintenance and repair of the painting is the responsibility of the applicant. See "Maintenance & Repair" below. o Keep in mind,the City may revoke your Temporary Infrastructure Agreement for any reason at any time. Design Requirements • No words, logos, commercial speech or advertising are allowed. (See the General Considerations for Art in CDOT Right-of-Way Memorandum included in the forms portion of the application package.) • The applicant is advised that the visual images are not intended to create a forum for public expression. The City right-of-way is a closed public forum.The City reserves the right to control what is depicted in the City's right-of- way. • It's important to ensure that Paint the Pavement projects do not create areas that become slippery when wet. As such, designs must include sufficient blank space (non-painted areas)to ensure adequate roadway grip. Alternatively,the paint may be mixed with walnut shells or"shark grip" grit (chewed up plastic pieces)to add grit and prevent a slip hazard.These materials are readily available and CDOT staff can help guide applicants seeking to use them. • The painting may not mimic traffic control devices such as crosswalks or street signage. Yellow and white paint shall be minimized to avoid looking like traffic control devices. City of Charlotte Paint the Pavement Manual 4 • Applicants must obtain permission for all artwork and imagery to be used.This includes permission to use photos of people and images of artwork and a waiver from each designer/artist to the Visual Artist's Rights Act (VARA). Applicants must also obtain permission from each designer/artist for the City to use images of their artwork in brochures, on websites, etc. • Paint must be low toxicity latex paint and must be lead-free. Proposed paint materials must be submitted to CDOT for review and approval. • All materials must be used in compliance with all State and Federal regulations and according to manufacturer's specifications. • Applicants should have a plan for material and equipment use as well as safe procedures when working with youth. A good resource is the Art and Craft Safety Guide of the U.S. Consumer Product Safety Commission: https://www.cpsc.gov/s3fs-public/5015.pdf • Applicant must clean up and dispose of paint in an appropriate manner. Paint may not be disposed of in the City storm drains, City sewers or waste containers. • Paint shall be applied in a precise, high quality manner. Accidental spills, paint drips and messy edges must be cleaned up. Installation Process & Closing the Street Bringing the neighborhood together to install a Paint the Pavement project should be a fun community-building experience! That process is just as important as the design of the project and the final result.These requirements help ensure that the installation of Paint the Pavement projects are fun, safe, and engaging for the neighborhood. • Invite people to join in the fun of painting the pavement! At a minimum, applicants must notify the adjacent property owners and any adjacent neighborhood associations, community organizations, and business associations of the planned installation date and invite them to participate in installing the project. • Except for projects on sidewalks only, streets must be closed around the Paint the Pavement project area to provide safe working conditions.Applicants must submit a plan for closing the street. CDOT staff will provide guidance for street closures in accordance with CDOT's Work Area Traffic Control Handbook (WATCH) which can be found at http://charlottenc.gov/Transportation/Permits/Pages/WATCH.aspx. No street shall be closed or blocked until specifically approved by CDOT. • Most neighborhood Paint the Pavement projects can be accomplished as part of a neighborhood block party. Information on requesting closure of the street or intersection under the Block Party Permit process can be found at http://charlottenc.gov/Transportation/CDOTServices/Pages/BlockCIosings.aspx. Please note that Block Party Permit requests must be submitted a minimum of 30 days in advance of the requested date. If your Paint the Pavement event covers more than a single block or intersection,then you may need to apply for Special Event permit instead. CDOT staff will help direct you toward the appropriate permit/process. • Keep in mind, on busier streets (thoroughfares) and at signalized intersections you may be required to hire an off- duty police officer(s)to provide traffic control during the installation of your project.That can create additional expense for the applicant. • The applicant is not authorized to do any excavation or modification to existing signage or pavement markings.The applicant shall be responsible for protecting all public and private facilities placed in the public right-of-way. • We want to see your great work! Applicants must thoroughly document the installation and final product through photographs and provide those images to the City upon completion. City of Charlotte Paint the Pavement Manual 5 Maintenance & Repair • Paintings in the public right-of-way become City property immediately upon completion; however,the maintenance and repair of the painting is the responsibility of the applicant per the completed Temporary Infrastructure Agreement between the applicant and the City. See attached Temporary Infrastructure Agreement for more information. • The applicant is responsible for all ongoing maintenance of the painted work, including touch-ups, graffiti removal and repainting due to street maintenance or utility cuts. • The applicant is responsible for repainting after significant wear or completely removing the paint at the end of the permit period using a method to be approved by the CDOT. • The applicant will bear the cost of all maintenance, repair and removal. • The City bears no responsibility to repair or replace the project, however the City has the absolute right to change, modify, destroy, remove, relocate, move, replace,transport or restore the project elements located within the City right-of-way in whole or in part, in the City's sole discretion. Application Checklist • Application form • Map of the location(s) • A color graphical representation of the proposed painting in 8.5 x 11"format.The image shall include dimensions, the imagery, names of the streets, and the name of the designer. • Resumes of the participating designers)/artist(s) • Letter of support from neighborhood organization(s) • Petition indicating 100 percent support of abutting property owners. • Visual Artist's Rights Act Waiver signed by each designer/artist • Completed Temporary Infrastructure Agreement • Temporary traffic control plan • Block Party Permit or Special Events Permit application (necessary to close down the street for most types of Paint the Pavement projects)—CDOT staff will guide you to the appropriate process during your pre-application conversation. Frequently Asked Questions (FAQs) Q: Who owns the Paint the Pavement final product? A: Paintings in the public right-of-way become City property. The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport or restore the artwork located within the City right-of-way in whole or in part, in City's sole discretion.The maintenance and repair of the painting is the responsibility of the applicant per the completed Temporary Infrastructure Agreement between the applicant and the City. Q: Why should projects only be located on local streets that carry less than 10,000 vehicles on an average day? A: Projects on thoroughfares and streets that carry more than 10,000 vehicles per day typically require much more complicated traffic control to install, and they wear away much more quickly than street murals painted on low- volume streets. Sticking to low-volume local streets will make your project much easier(and cheaper)to install and ensure that you can enjoy your street mural for a much longer time. Q: What if the Paint the Pavement project becomes faded or is damaged(i.e. graffiti or a utility cut)? A: The maintenance and repair of the painting is the responsibility of the applicant per the completed Temporary Infrastructure Agreement between the applicant and the City. The applicant is responsible for all ongoing maintenance of the painted work, including touch-ups, graffiti removal and repainting due to street City of Charlotte Paint the Pavement Manual 6 maintenance or utility cuts. The applicant is responsible for repainting after significant wear or completely removing the paint at the end of the permit period using a method to be approved by the CDOT. The applicant will bear the cost of all maintenance, repair and removal. Q: What if my/our Paint the Pavement event covers more than a single block or intersection? A: Then this may become a Special Event as defined by CDOT and should be requested via the information contained on the following website—charlottenc.gov/Transportation/Permits/Pages/EventPermits.aspx Q: What if we just want to paint the sidewalk instead of the roadway? A: The same application process, criteria and approvals apply, however it may not be necessary for you to obtain a Block Party or Special Events Permit to close down the street. Q: Is using a professional artist(s)/designer(s)required? A: No. Although it is recommended to ensure a high quality finished product,this is not a requirement. Even if a professional is not involved, the same information regarding who will be doing the work and the proposed design is required. Additional Information For additional information or questions, please contact PaintThePavement@charlottenc.gov. City of Charlotte Paint the Pavement Manual 7 Appendix A - Forms City of Charlotte Paint the Pavement Forms 2017 PAINT THE PAVEMENT APPLICATION FORM Date Submitted Title of Project Applicant Name Address City/State/Zip Phone (day) Phone (eve) Email address Project Type & Description A. Proposed Location (Intersection, Street Segment, or Sidewalk): Where/what are you proposing to paint? (Include streets that form the intersection and/or adjacent address(es).)Why were these chosen? B. Designer/Artist Selection: How was/were the designer(s)/artist(s) selected for your project?What criteria did you use for this selection and who was involved in the selection of the designer(s)/artist(s)? City of Charlotte Paint the Pavement Forms 20i7 C. Design Development: What was the process for developing the design?Was the community involved? If the process involves youth working with the artist(s)to develop the design, how have they been trained or educated?What are the themes and ideas represented in the design? How do these themes relate to the site, design of adjacent sites and the community? D. Community Involvement: What was the process for notifying and engaging the community, both in planning the project and, if appropriate, creating the artwork? City of Charlotte Paint the Pavement Forms 201.7 E. Who will be doing the painting? Include information on who will be working with the designer/artist to paint the project(e.g., youth—including ages, neighborhood residents, etc.). How are these participants being identified and selected?What materials will you be using? Include information about why these materials were selected, safety precautions that will be taken and method(s) of safely disposing of materials. F. Materials: What materials will you be using? (Note: only latex paint is allowed for pavement painting.) Include information about why these materials were selected, safety precautions that will be taken and method of safely disposing of materials. City of Charlotte Paint the Pavement Forms 201.7 G. Timeline: What is your timeline? Include milestones for designer/artist selection, design, fabrication, community engagement, publicity, approvals, installation and celebration. H. Maintenance: What are your plans for ongoing maintenance and final removal?What is needed for maintenance?Who have you consulted in estimating these needs (i.e. art conservator, fabricator, artist)? Who will be conducting maintenance and graffiti removal? How often do you estimate that maintenance will need to occur? How quickly can you respond to requests for graffiti removal? (If you have a maintenance plan, please attach it. The City does not fund ongoing maintenance or removal for such projects). City of Charlotte Paint the Pavement Forms 201.7 I. Copyright: What is your copyright agreement with the artist? (If you do not have a copyright agreement with the artist, an example is attached.) J. Traffic Management: What are your detailed plans for staffing and logistics for managing traffic during installation? Who is responsible for traffic management during the activity? How will this ensure the safety of the participants? City of Charlotte Paint the Pavement Forms 201.7 K. Public Education: How will the public be informed about the project? Will there be a plaque-like acknowledgement near the site? Is their information on your website? L. Project Budget: What is your project budget? (Note: Although the City does not fund such projects,the City does require a budget submittal as a demonstration that the applicant has the capacity to implement the project, has raised the necessary funds and has budgeted for designer/artist fees, insurance and ongoing maintenance.) Include the following information, and include in-kind contributions for key required items. Artist Fees: Materials/Fabrication: Installation: Liability Insurance: Maintenance: Other: City of Charlotte Paint the Pavement Forms 201.7 M. Attachments: Do not forget to include the other required forms and attachments with your application, and to combine them in one PDF document. Images of the final design Resumes of participating designer(s)/artist(s), if applicable Letter of support from neighborhood organization(s). VARA Waiver signed by each designer/artist Temporary Infrastructure Agreement I/We understand that the materials we submit are public information under North Carolina Public Records General Statute 1.32 and may be shared by the City of Charlotte with members of the public or the media for informational purposes or as otherwise required by the statute.Accordingly, I/we hereby grant a non-exclusive license to the City of Charlotte to make and distribute a limited number of copies of the submitted materials for the purposes of information and/or evaluation of the Project, or as required by North Carolina Public Records General Statute 132. Signature of Applicant Date City of Charlotte Paint the Pavement Forms 201.7 Waiver of Rights for Artwork Placed upon City Right-of-Way The provisions of this paragraph shall apply to modify Artist's rights of attribution and integrity as set out in the Visual Artists Rights Act, 17 U.S.C. 106A and 113(d) ("VARA"), and any rights arising under United States federal or state law or under the laws of another country that convey rights of the same nature as those conveyed under VARA, as against the City of Charlotte ("City") and its agents. The City has absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the artwork located within the City right-of-way in whole or in part, in City's sole discretion. Designer/Artist Signature Date VARA Waiver Form 201.7 Appendix B - General Considerations for Art in CDOT Right-of-Way CHARLOTTE DEPARTMENT OF TRANSPORTATION MEMORANDUM DATE: September 20, 2016 TO: Nicole Storey, Economic Development Program Manager Neighborhood and Business Services FROM: Bruce Horldt, Senior Project Manager Right-of-Way Management Section Department of Transportation SUBJECT: General Considerations for Art in CDOT Right-of-Way Per your request, the following considerations are provided to Neighborhood and Business Services as a guide when evaluating art that is proposed for installation within City Right-of- Way. While it is impossible to provide an exhaustive list, during CDOT review of these types of proposals, items that will be considered are: Safety and Location • Avoid creating a distraction to motorists. (High reflectivity, kinetic parts, etc.) • Placement must not obstruct sight distance in accordance with CDOT's Sight Distance Policy. • Maintain adequate separation/clearance from the street depending on the specific conditions at the proposed location. More separation is generally required at intersections. • Placement must not impede pedestrian accessible routes in accordance with ADA. Design • Installations may not have an appearance that is similar to any traffic control devices or signs including, but not limited to those found in the MUTCD. Legal • Consistent with City ordinance, no advertisement is allowed. (Signs, logos, sponsorship plaques, etc.) • Installations must not conflict with any applicable law, ordinance or policy. • All art must be evaluated and approved for placement and suitability for the city's public art portfolio by ASC/PAC or other designated body as appropriate. • No words or text that includes specific verbal messages or points of view. Acceptance of a particular donation or all donations is intended as an expression of the City's aesthetic efforts and is not intended to create a public forum for expressive conduct. Accordingly, the City retains all rights to control and to maintain control over the appearance and content of the donation as the City's property. Other • Attachments to a bridge will require considerable engineering review and cost. • Consideration should be made regarding interaction encouraged and made available by design and placement of art items. (discourage interactions unless they can be done in a safe manner) Charlotte Placemaking Hub More details can be found on Charlotte's Placemaking Hub website for the following placemaking programs: • Parklets • Paint the Pavement • Decorative Signal Cabinet Covers • Pilot Projects • Bike Corrals • Sidewalk Dining • Temporary Plazas • Etc. Appendix C - Temporary Infrastructure Agreement Charlotte Department of Transportation 440 Temporary Infrastructure Agreement Connecting Charlotte Paint the Pavement Date: Dept.: Development Services Division/Right-of-Way Management Section Type: Paint the Pavement Agreement Location(s): CDOT is responsible for, and has authority over, all of the Right-of-Way (R/W) in the city. Anyone wishing to construct or install items within the public R/W must obtain approval and abide by guidelines/specifications developed by the Department of Transportation. Each request is considered on a case-by-case basis to ensure that there is no adverse impact to the public safety or future roadway construction needs. This agreement was developed to assist with Paint the Pavement installations to be placed in the rights-of-way that would be installed by the Applicant. NOW THEREFORE, IT IS AGREED that the City hereby grants to the Applicant, its successors, and assigns, the right and privilege to make this agreement upon the following conditions, to wit: 1. That the City reserves the right to determine all issues related to the review, installation, maintenance, removal and replacement of the said item. If the said item becomes damaged or becomes a safety hazard to the public, the City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport or restore the project elements located within the City right-of-way in whole or in part, in City's sole discretion. 2. That the said Applicant agrees to comply with the provisions of CDOT's Work Area Traffic Control Handbook (WATCH) should any roadway or walkway, or portion thereof, need to be blocked or closed during installation. 3. The Applicant agrees to maintain the approved Paint the Pavement installation in accordance with all requirements and guidelines as outlined in the Paint the Pavement Manual. 4. That the Applicant, its successors and assigns, agree to indemnify and hold harmless the City, its officers and employees, from and against all damage, including injury to persons or damages to property, expenses or other liability which may result from, arise out of , or be brought by reason of the Paint the Pavement installation. In case any suit or cause of action shall be brought against the City on account of any act, action, neglect, omission or default on the part of the Applicant, its agents, subcontractors, employees and/or patrons, the Applicant hereby agrees and covenants to assume the defense thereof and to pay any and all costs, charges, TIA—Paint the Pavement Page 1 of 2 attorney fees and other expenses and any and all judgments that may be incurred or obtained against the City. 5. That if the Applicant contracts for installation of this Paint the Pavement installation, the Contractor must provide General Liability and Auto Liability in the amount of$1 million per occurrence and Workers' Compensation with Employers' Liability limits of $100,000 per accident limit, $500,000 disease per policy limit, and $100,000 disease each employee limit must be provided by the primary contractor and all subcontractors. Certificates of insurance shall be furnished the Director of CDOT showing the City as an additional insured. THIS AGREEMENT, made and entered into this the day of 20_, by and between the City of Charlotte, North Carolina, (hereinafter"City"), and Applicant, By: APPLICANT: Charlotte Department of Transportation (Organization Name) Name: (Applicant) Address: Telephone Number: By: (Applicant) Title: (Seal) TIA—Paintthe Pavement Page 2 Of 2 Council Requests for Information Revision Date 09/14/2018 Request Request Date Staff Responsible Status TWU master plan and how trees are impacted; can TWU will give a brief presentation on their Master Plan 1 trees be saved and protected; next steps. 5/1/2018 McDonald during the September 18 work session. ISR is being prepared for distribution on September 28. Will Information on implementing a similar program to be considered with the list of future work session items on 2 Southlake's SPIN program in Denton. 6/26/2018 McDonald/Birdseye September 18. Work session on permitting options to incentivize affordable housing including a survey of practices from 3 other municipalities. 6/26/2018 Kuechler A work session is planned for October 9. ISR is being prepared for distribution on September 28. Will Information regarding the use of project names used in be considered with the list of future work session items on 4 conjunction with economic development projects. 6/26/2018 Booth September 18. Work session providing an overview of the City's ISR is being prepared for distribution on September 21. Will Smoking Ordinance and a discussion of potential be considered with the list of future work session items on 5 revisions. 6/26/2018 Rosendahl/Kuechler September 18. Develop a strategic plan for homeless shelters in Denton (current environment, capacity, need, Information on the first Shelter Planning Workgroup meeting emergency circumstances,best practices, family shelter is included in the September. Staff will provide updates as the 6 options). 7/17/2018 Kuechler work progresses. ISR is being prepared for distribution on September 28. Will Comprehensive review and possible revisions to the be considered with the list of future work session items on 7 Council Rules of Procedure. 7/17/2018 Leal September 18. 8 Overview of the Homestead Exemption process. 7/17/2018 Puente/Langley A work session is scheduled for December 4. Information on Code Enforcement including overview ISR is being prepared for distribution on September 28. Will of purpose, enforcement, and complaint response be considered with the list of future work session items on 9 practices. 7/24/2018 Lahart/Wood September 18. Work Session on DCTA, including the City's role in 10 the current agreement and the services received. 7/24/2018 Canizares/Nelson A work session is planned for November 27. Update on marketing/advertising policy and naming 11 opportunities at City facilities. 8/2/2018 Langley/Packan A work session is planned for December 4. Council Requests for Information Revision Date 09/14/2018 Request Request Date Staff Responsible Status Information on trespassing enforcement in public 12 parks. 8/7/2018 Packan/Smith ISR will be provided in a future Friday report. Work Session on diversity in the Fire Department, including barriers to employment for underrepresented ISR is being prepared. Will be considered with the list of 13 groups. 8/7/2018 Lahart/Hedges future work session items on September 18. Have Modern Geoscience monitor and inspect the 14 DEC. 8/21/2018 Morrow/Banks Information is included in the September 14 Friday report. Information on the feasibility of dividing GreenSense 15 rebates between residential and commercial customers. 8/21/2018 Morrow ISR is included in the September 14 Friday report. ISR was included in the August 31 Friday report with additional information on public art traffic calming in the September 14 Friday report. Will be considered with the list 16 Information on traffic calming options. 8/21/2018 Deshmukh of future work session items on September 18. Information from Police on drug use trends across the 17 community. 8/21/2018 Smith/Mayo Information will be provided in a future Friday report. Prepare a list of background friendly and rent restricted housing options and make it available on the 18 Community Development webpage. 8/21/2018 Kuechler Information is provided in the September 14 Friday report. Work Session to discuss the development of a ISR is being prepared for distribution on September 21. Will statement on the Confederate Monument in the be considered with the list of future work session items on 19 Courthouse Square. 8/21/2018 Wood September 18. ISR was included in the September 7 Friday report. Will be Reconsider Top 20 Taxpayer board member category considered with the list of future work session items on 20 for the Economic Development Partnership Board. 8/21/2018 Booth September 18. 21 Board of Ethics Rules of Procedure. 8/28/2018 Langley/Rosendahl/Lansford A work session is scheduled for October 16. ISR and Legal Status Report were distributed on August 24. Work Session on funding to provide City sponsored Will be considered with the list of future work session items 22 legal services to immigrants and low-income residents 8/28/2018 Kuechler/Wood on September 18. 23 1 Staff Report on MHMR Funding. 8/28/2018 Kuechler ISR will be provided in a future Friday report. Staff report on communication plan and public 24 accommodations for upcoming capital projects. 8/28/2018 Rogers/Estes ISR will be provided in a future Friday report. Council Requests for Information Revision Date 09/14/2018 Request Request Date Staff Responsible Status List of all equipment purchased using PEG funds dating back ten fiscal years (from the 2018-19 25 proposed budget). 9/10/2018 Matthews/Kuechler/Puente Information will be provided in a future Friday report. ISR on the current funding agreement with the County 26 on the Community Market. 9/11/2018 Hileman ISR will be provided in a future Friday report. ISR on voter registration requirements for appointees 27 City to boards and commissions. 9/11/2018 Leal ISR will be provided in a future Friday report. 281Information on the City's legislative options to consider medical marijuana for residents with epilepsy and other Information will be provided in a future Friday report and/or chronic pain conditions. 9/11/2018 Kuechler/Leal Legal Status Report. Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday, September 25, 2018 2:00 PM Work Session Room&Council Chambers After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, September 25, 2018 at 2:00 p.m. in the Council Work Session Room at City Hall, 215 E.McKinney Street,Denton,Texas at which the following items will be considered: 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for September 25,2018. 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 18-1372 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters related to a Power Purchase Agreement between the City of Denton, as the seller of power and electric energy services, and the University of North Texas, as a buyer of power and electric energy services; discuss, deliberate, and provide direction to staff regarding the same. Consultation with the City's attorneys regarding legal issues associated with the above matters 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. B. ID 18-1536 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Discuss and deliberate strategies and opportunities for the City to acquire natural gas for Page I Printed on 911412018 City Council Meeting Agenda September 25, 2018 the DEC and enter into agreements regarding the same; receive a presentation from staff regarding public power competitive and financial matters for the purchase of natural gas under an existing Base Contract for the Purchase and Sale of Natural Gas with Enterprise Products, LLC, ("Enterprise Base Contract") for the operation of the Denton Energy Center ("DEC"); and, provide recommendations to City Council on the acquisition for natural gas for the DEC and the purchase of natural gas under the Enterprise Base Contract. Consultation with the City's attorneys regarding legal issues associated with the agreements described above where 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. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting 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 — C). 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 — C 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 18-1123 Consider adoption of an ordinance of the City of Denton, Texas, amending Section 22-31(13) and 22-31.1, Article II-Park Rules, Chapter 22- Parks and Recreation, Code of Ordinances of the City of Denton, Texas, to provide for clarification of smoking related to parks and parks facilities within the City of Denton; providing for a severability clause; providing for a savings clause;providing for publication; and,declaring an effective date. B. ID 18-1463 Consider adoption of an ordinance of the City of Denton, approving an agreement with the Friends of the Denton Public Libraries and the City of Denton, Texas to clarify the roles and responsibilities of each party; to raise funds and support programming for the Denton Public Library; authorizing the City Manager or his designee to execute the Friends of the Denton Public Libraries Agreement; and providing an effective date. C. ID 18-1520 Consider adoption of an ordinance of the City of Denton, Texas delegating authority to the City Manager and/or their designee to process billing adjustments, including penalties and interest,on utility and miscellaneous bills; and providing an effective date. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 18-1537 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or designee, to execute a transaction confirmation for the purchase of natural gas under an Page 2 Printed on 911412018 City Council Meeting Agenda September 25,2018 existing base contract for sale and purchase of natural gas between the City of Denton and Enterprise Products Operating, LLC, a Texas limited liability company; and providing for an effective date. The Public Utilities Board recommends approval(4-1). B. ID 18-1484 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 Janda Legacy Investments, LP ("Owner"), and the City of Denton, Texas ("City" or "Buyer"), regarding the sale and purchase of fee simple to an approximately 0.81 acre tract, more or less, situated in the B.B.B. & C.RR. CO. Survey, Abstract No. 192, Denton County, Texas for the purchase price of Four Hundred Seventy Five Thousand Dollars and No Cents ($475,000.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Street Widening and Improvements project - North (Phase 5) - Parcel 31 (Janda - 2300 Scripture Street)) 2. PUBLIC HEARINGS A. A18-0002b Conduct the second of two public hearings for a voluntary annexation of approximately 86.47 acres of land generally located between Creekdale Drive and Hickory Creek Road, east of the railroad tracks by the City of Denton, Texas. (A18-0002, Lakeside Place, Cindy Jackson) 3. 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 ,2018 at o'clock(a.m.)(p.m.) CITY SECRETARY Page 3 Printed on 911412018 wmm::�I September 2018 Sunday Monday Tuesday Wednesday 'hursday Friday Saturday 1 2 3 4 5 6 7 8 No Councilluncheon No Council Meeting 4 p.m. Public Art 11:00 Development Labor Day - Committee Code Review City Ho lid a y 9 10 11 12 13 14 15 9:OOam Public Utilities 11:OOam EDP Board 11:00 Development Board 11:00am Mobility Code Review Committee 5:OOpm P&ZWork 5:30pm HLC Session 2:00 Special Called 6:30pm P&ZRegular 6 pm Park Board Work/Reg.Session Session 16 17 18 19 20 21 22 9:OOam Committee on 10:30am Audit/Finance HaBSCo Meeting 11:00 Development the Fnvironment Committee Cancelled Code Review 5:30pm Traffic Safety 1:00 pm CC Work Commission Session 6:30 pm CC Regular Session 23 24 25 26 27 28 29 6:OOpm Public Utilities 2:00 pm 4th Tuesday 12:00 Downtown TF HOTCommittee 10:00 11:00 Development Board Session Code Review 5:OOpm P&Z Work 4:00 pm ZBA Session 6:30pm P&ZRegular Se ssio n 30 9/14/2018 9:44 AM Sunday Monday Tuesday Wednesday 'Thursday Friday Saturday 1 2 3 4 5 6 11:30 am Joint No Council Meeting 4 p.m. Public Art Counc ii/DISD Luncheon Committee 1:30pm Committee on the Fnvironment 5:3 0p m Traffic Sa fe ty Commission Park Board 6pm 7 8 9 10 11 12 13 9:00am Public Utilities 2:00pm 2nd Tuesday 11:00am EDP Board Bo a rd Se ssio n 5:00pm P&ZWork 5:30pm HLC Session 6:30pm P&ZRegular Se ssio n 14 15 16 17 18 19 20 2:00 pm CC Work 11:30am Mobility HaBSCo Meeting Session Committee 6:30 pm CC Regular Session 21 22 23 24 25 26 27 6:00pm Public Utilities 2:00 pm 4th Tuesday 5:00pm P&ZWork Bo a rd Se ssio n Se ssio n 6:30pm P&ZRegular Se ssio n 28 29 30 31 4:00 pm ZBA No Council Meeting 9/14/2018 9:44 AM City Council Meeting Agenda September 25, 2018 NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM 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. Page 4 Printed on 911412018 Construction Projects Report CITY Week of September 17-23,2018 INMOMG OF OF DENTONFor general inquiries and questions,please contact the Project Management Office at(940)349-7227 DENttN Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion I Brief Description of Construction Department Letters Communication Contact: Notes CURRENT PROJECTS See Yellow Hi hli hted for Major Closures Ave.A Maple Eagle 3/19/18 9/30/18 LINT 2018 Residence Hall Project Engineering N/A Coordinate with (940)349-8910 (Both SB Lanes Closed) UNIT LINT Monument Wall Public Works New Project Ave.C Hickory Mulberry 9/24/18 1/2/19 (Road Closure) Inspections (940)349-2177 Intersects with Hickory Phase III Project Bonnie Brae St. Roselawn North of 7/1/2017 7/1/2019 Street Widening Engineering 6/14/18 (940)349-8910 Vintage (Phase 1) S.Bonnie Brae St. Willowwood FM 1515/ 9/10/2018 9/21/2018 Street Resurfacing Engineering 9/5/18 Contacted UNIT, (940)349-8910 Airport Road (Temporary Lane Closures Possible) DISD,and DCTA Engineering Dr.Eagle East of Elm 9/17/18 10/5/18 Sanitary Sewer Construction En 9 10 18 940 349-8910 New Project g Carroll (Street Closure) g g / / ( ) J Edwards Rd. Camino Real Swisher Rd. 6/4/18 9/28/18 Street Reconstruction Streets 5/17/2018,9/10 HOA Contacted (940)349-7160 Extended Completion Date Trl. (Temporary Lane Closures) y / / / / Street Resurfacing / / / g ( ) Emery St. Alice Coit 6 25 18 10 12 18 Streets 6 11 2018,9 10 Door Hangers 940 349-7160 (Temporary Lane Closures) Fulton St. Oak University 6/7/18 11/16/18 Water Main Construction Water 6/5/18 (940)349-7167 (Street Closure) Jim Christal Rd. Western Blvd Scripture 7/3/18 10/1/18 Utility Line Construction Water/WW N/A (940)349-8463 (Road Closure) Joyce Ln. N.Elm Gardenview 9/5/18 10/26/18 Street Reconstruction Streets 8/21/18 (940)349-7160 (Temporary Lane Closures) Mayhill Rd. US 380 Edwards 9/1/17 2/1/20 Street Widening Engineering 1/3/18, 1/24/18 Door Hangers (940)349-8910 (Temporary Lane Closures) Mistywood Ln. Woodhaven Jamestown 9/13/18 11/25/18 Wastewater Main Reconstruction Wastewater 8/23/18 (940)349-7300 (Temporary Lane Closures) Page 1 of 5 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes Myrtle St. Eagle 200'North 9/4/18 5/1/19 Eagle Drainage Improvements Engineering 8/21/18 Contacted DCTA (940)349-8910 (Street Closure) Prominence Pkw Ma hill Atlanta 1 31 18 9/28/18 Water and Wastewater Crossing Engineering 1 24 18 Door Hangers 940 349-8910 Y• Y / / g g / / g ( ) (Road Closure) Riney Rd. N.Elm Solana 9/29/17 10/12/18 Road Removal and Replacement Engineering Yes Electronic Signs (940)349-8910 Extended Completion Date (Road Closure) Full Depth Base Repairs Contacted Shady Oaks Dr. Woodrow Loop 288 S. 8/27/18 9/17/18 (East Bound Lane Closures) Streets N/A Businesses (940)349-7160 Shadow TH. Plum Hollow Windbrook 8/6/18 10/19/18 Street Reconstruction Streets 8/2/18 (940)349-7160 (Street Closure) Lowe's Water,Drainage,Road Construction Contacted Extended Completion Date Spencer Rd. Mayhill Driveway4/2/18 11/28/18 Water 3/16/2018,9/14 departments affected (940)349 8910 From 9/28/18-11 28 18 (Road Closure) / / Dead End Street Resurfacing,Curb and Gutter Sun Valley Dr. Stuart 5/14/18 10/12/18 Streets 5/1/2018,9/10 Door Hangers (940)349 7160 West (Temporary Lane Closures) Thomas St. Oak Scripture 9/3/18 11/2/18 Water Main Construction Water 8/1/18 (940)349-7167 (Temporary Lane Closure) Thomas St. TBD TBD Streets Construction Street Resurfacing,Curb and Gutter Extended Completion Date Valley View Rd. Kings Row Sun Valley 5/14/18 9/28/18 (Temporary Lane Closures) Streets 5/1/2018,9/10 Door Hangers (940)349 7160 From 9/10/18-9/28/18 Wayne St. Boyd Mozingo 8/29/18 11/1/18 Wastewater ReconstructionWastewater 8/20/18 (940)349-7300 (Temporary Lane Closures) Inlet Improvements, Welch St. Mulberry Chestnut 9/17/18 9/28/18 ADA ramp installation Drainage N/A Communicated (940)349-8488 New Project (Northbound Temporary Lane with UNT,DCTA Closures) LINT 2018 CVAD Project Welch St. Mulberry Chestnut 4/11/18 9/24/18 Drive approach/Sidewalk Engineering 3/19/18 3/30/2018,9/12 (940)349-8910 (Southbound Temporary Lane Closures) Page 2 of 5 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes COMPLETED PROJECTS Amistad Ln. New Ballinger Tawakoni 8/27/18 9/10/18 Concrete Street Panel Repair Streets 7/15/18 (940)349-7160 New Completion (Temporary Lane Closures) Austin St. Sawyer E.Third 9/10/2018 9/14/2018 Water Main Construction Engineering 8/27/18 (940)349-8910 New Completion (Temporary Lane Closure) Bay Meadow Dr. Prescott Fairmont Park 8/27/18 9/10/18 Concrete Street Panel Repair Streets 8/17/18 (940)349-7160 New Completion Downs (Temporary Lane Closures Possible) East Emerson Wastewater Emerson Ln. Nottingham 150' 7/25/18 9/12/18 Wastewater 7/23/18 (940)349-7300 New Completion (Road and Lane Closure) Highland Park Rd. Laurel Wisteria 7/25/18 8/30/18 Street Reconstruction Streets 7/12/18 (940)349-7160 (Temporary Road Closures) North Texas Street Reconstruction Hickory St. Ave C 5/21/18 9/14/18 Streets 5/15/18 Electronic Signs (940)349-7160 New Completion Blvd. (Street Closure) Wastewater Main Construction Holiday Park Manhattan Kings Row 11/10/17 12/1/18 Phase II Wastewater 11/16/18 Door Hangers (940)349-7300 New Completion (Temporary Lane Closures Possible) Hollyhill Ln. Longridge Pennsylvania 7/9/18 9/7/18 Street Reconstruction Streets 6/20/18 (940)349-7160 New Completion (Temporary Street Closures) Laurel St. Highland Park Wisteria 7/25/18 8/30/18 Street Reconstruction Streets 7/12/18 (940)349-7160 (Temporary Lane Closures) p y / / / / Street Reconstruction / / g ( ) Malone St. Scripture W.University 7 9 18 8 24 18 Streets 6 28 18 Electronic Signs 940 349-7160 (Temporary Lane Closures) 100'N 150'East Wastewater Main Reconstruction Nottingham Dr. Nottingham Emerson (Temporary Lane Closures)7/25/18 9/7/18 Wastewater 7/23/18 (940)349-7300 New Completion intersection Meandering Creek Dr. Education John Pain 9/3/18 9/17/18 Concrete Street Panel Repair Streets 8/17/18 (940)349-7160 (Temporary Lane Closures) Oakland St. Sawyer E.3rd 8/20/18 8/26/18 Conduit Installation TWU (940)349-8914 (Temporary Lane Closures) Communications Old North Rd. University Mingo 8/27/18 9/7/18 Turn Lane Installation Streets N/A (940)349-7160 New Completion (Temporary Lane Closures) Pine Hills Ln. Purbeck Alderbrook 8/20/18 9/3/18 Concrete Street Panel Repair Streets N/A (940)349-7160 New Completion (Temporary Lane Closures Possible) Page 3 of 5 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes / / / / Wastewater Construction g g / / g ( ) Poinsettia St. Manten Teal 8 13 18 8 27 18 Engineering 8 3 18 Door Hangers 940 349-8910 (Temporary Lane Closure) W.Walnut St. Elm Cedar 8/6/18 9/14/18 Utility Construction Engineering N/A (940)349-8910 New Completion (Temporary Road Closures) Water and Wastewater Contacted 300 S. NB Lane 500' Improvements Businesses Western Blvd. Western C r Jim 7/24/18 9/21/18 Westpark Area Water N/A affected,electronic (940)349 7324 histal Lane Closures 4 to 2 lanes signs UPCOMING PROJECTS N.Bell Ave Robertson Hickory 10/8/18 11/2/18 Panel Replacement (TemporaryStreets (940)349-7160 New Addition Lane Closures) Bonnie Brae St. Roselawn 135E 1/15/19 1/15/20 North South Water Main Phase 2 Water (940)349-8910 (Temporary Lane Closures) Dakota Ln. Airport Shelby 10/8/18 11/2/18 Panel Replacement (Temporary Streets (940)349-7160 New Addition Lane Closures) Fulton St. Summer 2019 TBD Streets Streets (940)349-7160 Hettie St. TBD TBD Water,Wastewater,and Streets Multiple Hickory St. Ave C Ave A 9/24/18 1/2/19 Phase III Street Reconstruction Streets (940)349-7160 New Addition Next (Street Closure) Phase of Project Hickory Creek Rd. Teasley Riverpass 1/1/19 6/1/20 Street Widening Engineering (940)349-8910 (Temporary Lane Closures) Highland St. Phase I-Storm Water Improvements Hinkle Dr. University Windsor 1/1/19 1/1/20 (Magnolia Drainage Ph 11 Engineering (940)349-8910 Temporary Lane Closures) Londonderry Ln. Teasley Westminster 11/1/18 TBD Street Improvements Streets (940)349-7160 (Temporary Lane Closures) Panhandle St. Carroll Bolivar TBD TBD Street Resurfacing,Curb and Gutter Streets 4/9/18 Door Hangers (940)349-7160 (Temporary Lane Closures) Page 4 of 5 Proposed Date Proposed Date Other Department Updated Information/ Street/Intersection From To of Construction of Completion Brief Description of Construction Department Letters Communication Contact: Notes PEC 4-Engineering In Design Installing Underground Box Culvert Engineering (940)349-8910 Drainage and Roadway Construction Roselawn Dr. Bonnie Brae Kansas City Southern RR TBD TBD (Bonnie Brae Phase 1 Engineering N/A (940)349-8910 One Lane traffic control) Stuart Rd. Windsor Kings Row TBD TBD Concrete Curb and Gutter Repair Streets (940)349-7160 (Temporary Lane Closures) Vintage Blvd. US 377 135W 3/1/2019 2021 Street Widening Engineering (940)349-8910 (Bonnie Brae Phase 2) Windsor Dr. TBD TBD Water,Wastewater,Drainage,Streets Engineering (940)349-8910 Page 5 of 5