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HomeMy WebLinkAboutMay 17, 2011 Agenda AGENDA CITY OF DENTON CITY COUNCIL May 17, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, May 17, 2011 at 3:00 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: WORK SESSION 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 May 17, 2011. 3. Receive a report, hold a discussion and give staff direction regarding an ordinance adopting the Denton County, Texas Local Mitigation Strategy for Natural Hazards, of which Denton County Unincorporated and the cities of Corinth, Denton, Lewisville, and The Colony are parties. 4. Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2011 Action Plan for Housing and Coninninity Development and give staff direction. 5. Receive a report, hold a discussion and give staff direction regarding a proposed amendment to an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in North Lakes Park and excluding North Lakes Recreation Center and the North Lakes Annex building therein; providing a severability clause, a penalty clause and an effective date. 6. Receive a report, hold a discussion, and give staff direction regarding the implementation of credit and collection procedures that were approved by the City Council on November 16, 2010. 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. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. 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, as set forth below. CLOSED MEETING 1. Closed Meeting: City of Denton City Council Agenda May 17, 2011 Page 2 A. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Receive a consultation with the City's attorneys regarding legal issues concerning the proposed Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Receive a presentation, a status report thereon, and discuss, deliberate, consider and take action on the proposed Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC regarding public power competitive and financial issues and matters regarding the purchase of a portion of the City's electrical energy requirements and related issues; discuss deliberate, consider and take action on the above-referenced Agreement. B. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with, and provide direction to, City's attorneys on legal issues associated with existing and potential regulation of gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, specifically including, but not limited to, the following general categories, as they may relate to such regulations: a. Legal issues and strategies associated with proposed and potential modifications to existing local regulations, as they relate to existing, proposed and potential gas well drilling and exploration within the Denton city limits and extraterritorial jurisdiction, as well as limitations imposed upon the City's regulatory authority, with regard to such issues and strategies; b. Legal issues and strategies associated with possible preemption of local regulatory standards relating to gas well drilling and exploration with the Denton city limits and extraterritorial jurisdiction, by existing, proposed and potential Federal and State legislation, and administrative regulations; and c. Legal issues and strategies associated with the imposition, calculation and assessment of various local permitting and inspection fees as they relate to gas well drilling and production in the Denton city limits and extraterritorial jurisdiction. 2. Consult with, and provide direction to, City's attorneys on legal issues associated with previous annexations of land, specifically including, but not limited to, legal and strategic issues associated with the modification, negotiation and enforcement of non-annexation agreements as they relate to building on lots within plats approved prior to the execution of non- annexation agreements, as well as more general legal and strategic issues relating to the annexation of such area. City of Denton City Council Agenda May 17, 2011 Page 3 3. Consult with City's attorneys regarding litigation styled TransData, Inc. v. CenterPoint Energy Houston, LLC, et al., cause number 6:10-cv-557, currently pending in the Us District Court, Eastern District of Texas, and possible legal issues related thereto. 4. Consult with City's attorney's regarding legal issues associated with the referendum petition filed with the City Secretary on December 14, 2010. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Duck Derby Day 2. Civility Awareness Month 3. 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 - J). 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. City of Denton City Council Agenda May 17, 2011 Page 4 If no items are pulled, Consent Agenda Items A - J 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. Consider adoption of an ordinance adopting the Denton County, Texas Local Mitigation Strategy for Natural Hazards, of which Denton County Unincorporated and the cities of Corinth, Denton, Lewisville, and The Colony are parties; and providing for an effective date. B. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the 2010-2011 Agreement Between the City of Denton and the Fred Moore Day Nursery School ("Original Agreement'), said Original Agreement contemplating the provision of Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton County, Texas; and providing for an effective date. C. Consider adoption of an ordinance accepting competitive bids and awarding a three-year contract for Landscaping and Sod Replacement Services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4673-Three-Year Contract for Landscaping/Sod Replacement Services awarded to the overall lowest responsible bidder meeting specification, Classic Landscapes, Inc. in the annual estimated amount of $110,000). D. Consider adoption of an ordinance awarding the purchase of Disk Storage to replace the Storage Area Network (SAN) as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1418; providing for the expenditure of funds therefor; and providing an effective date (File 4713-Disk Storage Purchase awarded to INX, Inc. in the amount of $130,618.09). E. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Region VIII Education Service Center through the Interlocal Purchasing System (TIPS) Program under Section 271.102 of the Local Government Code, to authorize participation in various Region VIII Education Service Center contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4715-Interlocal Agreement with Region VIII Education Center Interlocal Purchasing System). F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the constriction of a concrete lined channel, two pilot channels, an emergency spillway, and an outlet stricture for the Strickland Jr. High Regional Detention Pond Drainage Improvements Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $212,406.45). City of Denton City Council Agenda May 17, 2011 Page 5 G. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during revival/crusade event held each night, except Wednesdays, beginning August 25 and concluding on September 13, 2011. The amplified sound would begin at 8:00 p.m. and conclude at 10:30 p.m. The revival will be held on the corner of University Drive and Gay Street. The event organizers are requesting an exception to the level of decibels from 70 to 100 decibels, an extension of hours for amplified sound from 10:00 p.m. until 10:30 p.m., and for an exception for amplified sound on Sundays. Due to the residential neighborhood directly north of the revival site, staff recommends approving the exception of sound on Sundays, an extension of hours of operation, but to limit the increase in decibels to 75 decibels. H. Consider approval of the minutes of: April 4, 2011 April 5, 2011 L Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving a second extension to the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for the provision of sanitary sewer and water facilities" entered into by the parties on the 5th day of June, 2007; providing the City Manager with authority to perform said second extension and to expend funds as necessary; providing an effective date. J. Consider adoption of an ordinance approving a "Second Amendment to Professional Services Agreement for Architect or Engineer" by and between the City of Denton, Texas and Malcolm Pirnie, Inc. to provide engineering services for the design of the Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade; authorizing the expenditure of funds therefor; and providing an effective date (providing for an additional $964,260 for additional services on the project-aggregating $3,703,360). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution by the City of Denton, Texas authorizing the City Manager to sign and submit an amendment to the previously amended 2008 Action Plan for Housing and Community Development submitted in June 2008 to the U.S. Department of Housing and Community with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the American Recovery and Reinvestment Act; and providing for an effective date. B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to an agreement with Trilliant Networks, Inc. for Phases II and III of the Advanced Metering Infrastructure System (AMI); providing for the expenditure of funds therefor; and providing an effective date (RFSP 4485-First Amendment to Agreement for Advanced Metering System Infrastructure awarded to Trilliant Networks, Inc in the estimated amount of $2,562,991 for a total estimated contract award amount of $9,357,607). City of Denton City Council Agenda May 17, 2011 Page 6 C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the City Manager of a Full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC., a Delaware limited liability company; approving and authorizing the acceptance and approval by the City Manager and City Attorney of a guaranty agreement issued by NRG Energy, Inc., a Delaware corporation for the benefit of the City; authorizing the acceptance and approval of a letter of credit executed by NRG Power Marketing, LLC for the benefit of the City; approving the execution of such other and further related documents, including, without limitation, certificates, assignments, licenses, directions, instruments, instructions, confirmations and statements by the City Manager or his designee, which are incident or related thereto, as shall be reasonably determined by the City attorney or her designee; confirming and ratifying that the City of Denton, Texas, its Mayor, its City Council Members, its City Manager, and its City Attorney or her designee shall be authorized and empowered to perform such acts and obligations as are reasonably required to consummate this transaction; ratifying all prior actions taken by the City Council in furtherance of the foregoing transaction; and determining that several of said documents pertain to a "competitive electric matter" as set forth under the provisions of §§551.086 and 552.133 of the Texas Government Code, as amended; finding and determining that Texas Government Code §252.022(a)(15) applies to said agreement; adopting significant recitations, findings and conclusions, as are set forth in the preamble of this ordinance; that the purchase of capacity and energy, and other related arrangements made by the City under the terms of this Full Requirements Wholesale Electric Power Service Agreement are in the public welfare; authorizing the expenditure of funds therefor; providing an effective date. 5. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas creating a new Division 3 to Chapter 26, Article III of the Denton Code of Ordinances regulating the use and interconnection of Wind Energy Conservation Systems (WECS) and amending Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free-standing Monopole Support Stricture and Building-mounted WECS. The Public Utilities Board recommends approval of the Chapter 26 elements of the ordinance (4-0). The Planning and Zoning Commission recommends approval of the proposed amendments to Subchapter 35.5 of the Denton Development Code (7-0). (DCA10-0010, Wind Energv Conservation ,Svstcros) B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 13, 20 and 23 of the Denton Development Code to provide an exception for the installation of sidewalks associated with estate lot subdivisions, with conditions and to provide a definition for estate lots; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (D('A10-0008) The Planning and Zoning Commission recommends approval (7-0). City of Denton City Council Agenda May 17, 2011 Page 7 6. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 2011 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City of Denton City Council Agenda May 17, 2011 Page 8 C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. 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 2011 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding an ordinance adopting the Denton County, Texas Local Mitigation Strategy for Natural Hazards, of which Denton County Unincorporated and the cities of Corinth, Denton, Lewisville, and The Colony are parties. BACKGROUND The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended by the Disaster Mitigation Act of 2000, provides the legal basis for State, local, and Indian Tribal governments to undertake a risk-based approach to reducing risks from natural ha- zards through mitigation planning. The requirements and procedures for State, Local, and Indian Tribal Mitigation Plans are found in the Code of Federal Regulations (CFR) at Title 44, Chapter 1, Part 201. Mitigation planning is a process through which communities assess risks and identify actions to reduce vulnerability to hazards through hazard mitigation. A Mitigation Plan is a living docu- ment that communities use to reduce their vulnerability to hazards. Communities must have a plan to apply for or receive federal mitigation grants. These grants can augment local mitigation activities already being implemented in the community. The Denton County Local Mitigation Strategy is divided into five chapters: Chapter One: Multi jurisdictional Planning Process Chapter Two: Planning Process Chapter Three: Hazard Analysis Chapter Four: Mitigation Goals and Action Items Chapter Five: Plan Maintenance Process The Denton County Local Mitigation Strategy was prepared with assistance from the North Cen- tral Texas Council of Governments. RECOMMENDATION Staff recommends the approval of proposed ordinance. Agenda Information Sheet May 17, 2011 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. FISCAL INFORMATION State, local, and Indian Tribal governments are required to develop a hazard mitigation plan as a condition for receiving certain types of non-emergency disaster assistance, including funding for mitigation projects. Respectfully submitted: 41-7 Ross Chadwick Fire Chief/Emergency Management Coordinator s:Alegal\Mr documents\ordinances\1 hhazmap ordinance.doc ORDINANCE NO. 2011- AN ORDINANCE ADOPTING THE DENTON COUNTY LOCAL MITIGATION STRATEGY FOR NATURAL, HAZARDS, OF WHICH DENTON COUNTY UNINCORPORATED AND THE CITIES OF CORINTH, DENTON, LEWISVILLE, AND THE COLONY ARE PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, with the assistance from the North Central Texas Council of Governments, has gathered information and prepared the Denton County Local Mitigation Strategy; and WHEREAS, the Plan has been prepared in accordance with FEMA requirements at 44 C.F.R. 201.6; and WHEREAS, the City of Denton, Texas, is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, the City of Denton, Texas, has reviewed the Plan and affirms that the Plan will be updated in accordance to the Plan maintenance process described; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas, adopts the Denton County Local Mitigation Strategy as this jurisdiction's Multi-Natural Hazard Mitigation Plan. SECTION 2. The City Council hereby authorizes the City Manager to expend available funds in the manner and amount specified in the Plan and to take any other actions necessary to complete the City's obligations under the Plan and resolves to execute the actions in the Plan. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r: BY: Lv THE c~l~r UE NTON I in MAO 7 Process The Denton County Local Mitigation Strategy (DeLMS) was created in order to comply with current Federal, State, and local hazard mitigation plans regulations in compliance with the following rules and regulations: Section 322, Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as enacted by Section 104 of the Disaster Mitigation Act of 2000 (P.L. 106-390) Federal Emergency Management Administration's Interim Final Rule, published in the Federal Register on February 26, 2002, at 44 CFR Part 201. ' 1 The DeLMS is comprised of the following participating jurisdictions: • Denton County Unincorporated j • City of Denton • City of Corinth • City of Lewisville • City of The Colony Each jurisdiction participated by having a Hazard Mitigation Team (HMT). Each HMT participated in the Local Mitigation Strategy. The Photo: http.//dentoncounty.com/ North Central Texas Council of Governments Emergency Preparedness Department participated in the DeLMS to assist in compiling the jurisdictional information and preparing the DeLMS for submission. DeLMS representatives participated in the Regional Mitigation Strategy meetings held on December 18, 2006, January 25, 2007, and May 23, 2007 located at the North Central Texas Council of Governments (NCTCOG), and on August 27, 2007 in Denton County. The NCTCOG Emergency Preparedness Department, in conjunction with Environment and Development, Transportation, and Research and Information Systems Departments, facilitated the Regional Mitigation Strategy. The DeLMS Participation Map identifies the jurisdictions within Denton County and the Regional Mitigation Strategy Map identifies all participating jurisdictions. The information from the RMS meetings can be found at the NCTCOG website for those who were unable to attend. The NCTCOG Emergency Preparedness Department Contact set up planning meetings with the DeLMS jurisdictions to further assist them in the planning process on the following dates: January 7, 2009, January 22, 2007, September 18, 2009, and September 25, 2009, October 1, 2009. The following are the point of contacts during the DeLMS planning process from December 2006-October 2009: Unincorporated Denton County Emergency Management Coordinator City of Corinth Emergency Management Coordinator City of Denton Emergency Management Coordinator City of Lewisville Emergency Management Coordinator City of The Colony Fire Chief North Central Texas Council of Governments Regional Mitigation Strategy I The following chart displays the population growth for the participating jurisdictions in the Denton County Local Mitigation Strategy. inal Census Estimated Estimated Growth Rate 4/1/2000 Population Population 2008-2009 40,226 56,800 58,200 2.46% 11,325 19,650 19,7100 0.25% 80,537 10,6050 107,250 1.13% 77,737 92,850 95,250 2.58% 26,531 39,850 40,100 0.63% 1 The Denton County Local Mitigation Strategy is organized into Six Chapters which satisfy the mitigation planning requirements in 44 CFR Part 201. Chapter One Multi-Jurisdiction Planning Process Describes the process and organization of the Denton County Multi-Jurisdictional Mitigation Action Plan (Denton County Local Mitigation Strategy) Chapter Two Planning Process Describes the individual mitigation planning processes for each participating jurisdiction satisfying requirements §201.6(b) and §201.6(6)(1). Chapter Three Hazard Analysis Describes the hazards identified, known national extent scales, location of hazards, previous events, and jurisdictional profiles satisfying requirements §201.6(c)(2)(i), §201.6(c)(2)(ii), §201.6(c)(2)(ii)(A), §201.6(c)(2)(ii)(B), §201.6(c)(2)(ii)(C), and §201.6(c)(2)(iii). Chapter Four Mitigation Goals and Actions Describes the county-wide goals established by the Denton County Local Mitigation Strategy and the Mitigation Action Items for each jurisdiction satisfying requirements §201.6(c)(3), §201.6(c)(3)(i), §201.6(c)(3)(ii), §201.6(c)(3)(iii), and §201.6(c)(3)(iv), Chapter Five Plan Maintenance Process Describes the monitoring, evaluating, updating, plan incorporation, and future public updates for each participating jurisdiction satisfying requirements §201.6(c)(4)(i), §201.6(c)(4)(ii), and §201.6(c)(4)(iii). Attachment A Documentation from planning meetings Attachment B Documentation from public meetings Attachment C Sample Resolution Denton County Chapter One The Denton County Local Mitigation Strategy will continue to work as a planning group, with facilitation from the North Central Texas Council of Governments Emergency Preparedness Department. Primary correspondence will be through emails and conference calls with strategy meetings taking place at least annually. The NCTCOG Emergency Preparedness Department will lead the Plan Maintenance and update processes by: • Assisting jurisdictional Hazard Mitigation Teams in updating their individual contributions to the DeLMS • Assisting interested jurisdictions in Denton County who like to begin the mitigation planning process • Facilitating the DeLMS meetings and disseminating information • Collaborating data for the county-wide sections • Requesting updates and status reports on planning mechanisms • Requesting updates and status reports on mitigation action projects • Assisting jurisdictions in implementing mitigation goals and action projects • Assisting jurisdictions in mitigation grants • Providing mitigation training opportunities Once the Denton County Local Mitigation Strategy has received FEMA "Approval Pending Local Adoption" each participating jurisdiction will take the DeLMS to their Commissioners' Court or City Council for final public comment and local adoption. A copy of the resolution will be inserted into the DeLMS and held on file at the North Central Texas Council of Governments. vj~ ~,c ?d 19 .t 1 4' t J, yet- Photo: http://www.kdre-tx.com/wordpress/wp- content/uploads/2009/03/de nton_tx2.j pg North Central Texas Council of Governments Regional Mitigation Strategy Ch 7wo: Planning Process Chapter Two of the Denton County Local Mitigation Strategy describes the comprehensive Hazard planning and open public process utilized by the Mitigation Public participating jurisdictions within Denton County Team Involvement during the plan development and through to plan Local Mitigation completion. Each of the jurisdictions involved developed an integrated approach specific to their Strategy jurisdiction that provided for not only hazard Planning Process mitigation teams and management input, but also an opportunity for the pubic to comment on the plan. The development of the Local Mitigation Incorporation Strategy was orchestrated so as to provide an of planning opportunity for neighboring communities, local and mechanisms regional agencies involved in mitigation activities, and agencies that have the authority to regulate development, as well as businesses, academia, and other private and non-profit interested to be involved in the planning process. This planning process also included review and incorporation of other existing plans, documents, and studies related to reducing the effects of natural disasters, so as to avoid duplication and streamline hazard mitigation efforts. The following is the outline: 2.1 Denton County Unincorporated Area - The Denton County Unincorporated Area provides a narrative description of the planning process that was followed in order to develop the local mitigation strategy which also includes an indication of public involvement in the current planning process for the Unincorporated County, as well as describes the review and incorporation of existing plans, reports, and technical information to ensure a comprehensive process. 2.2 City o Corinth 2- The City of Corinth provides a narrative description of the planning process that was followed in order to develop the local mitigation strategy which also includes an indication of public involvement in the current planning process for the City, as well as describes the review and incorporation of existing plans, reports, and technical information to ensure a comprehensive process. 2. City of Denton 2- The City of Denton provides a narrative description of the planning process that was followed in order to develop the local mitigation strategy which also includes an indication of public involvement in the current planning process for the City, as well as describes the review and incorporation of existing plans, reports, and technical information to ensure a comprehensive process. 2. City of Lewisville 2-10 The City of Lewisville provides a narrative description of the planning process that was followed in order to develop the local mitigation strategy which also includes an indication of public involvement in the current planning process for the City, as well as describes the review and incorporation of existing plans, reports, and technical information to ensure a comprehensive process. North Central Texas Council of Governments Regional Mitigation Strategy 2. City o The Colony -12 The City of The Colony provides a narrative description of the planning process that was followed in order to develop the local mitigation strategy which also includes an indication of public involvement in the current planning process for the City, as well as describes the review and incorporation of existing plans, reports, and technical information to ensure a comprehensive process. Denton County Chapter Two 2.1 r,- n County U,_' is r. orated Area fl- , Denton County has been and continues to be proactive in an effort to provide a comprehensive hazard mitigation program. Preparation and use of the Local Mitigation Strategy is expected to bring an even higher level of cohesion and direction to emergency preparation in Denton County. lh't1T As a contributor to the Denton County Local Mitigation Strategy, Denton County began a local jurisdiction plan. Emergency management staff assessed a readiness to plan, secured political support from elected officials, and began to engage the communities in the process of emergency planning. A team consisting of 7 members was selected and invited to become a member of the Hazard Mitigation Team. Development Team Denton County Emergency Management Coordinator Denton County Amateur Radio Association Denton County Assistant Emergency Management Coordinator Denton County Assistant Fire Marshal Review Team Denton County Planning Manager (Flood Plain Manager) Denton County Public Health Dept., SNS Coordinator Denton County Assistant Planning Manager Denton County Judges Office/Administration ® ® ~ __==j The Hazard Mitigation Team knows that the participation and feedback from their community is pertinent in developing a successful Local Mitigation Strategy. The City of Denton worked to increase public response to the plan by holding Public Meetings in the summer of 2007, posting a HazMap Draft on the County's Website, and surveying the residents on the County website concerning public hazard awareness. The Mitigation Team drafted a survey that was posted on the Denton County website on November 21, 2004. The public was asked to rank the ten hazards by their importance and ability to occur. The Local Mitigation Strategy provides an excellent avenue for residents to exchange quality information and improve the county response to emergencies. This is accomplished through speaking engagements, surveys, website information, disaster awareness campaigns, information pamphlets, and coordination with the University of North Texas Emergency Administration and Planning program, among other opportunities. A second opportunity was provided for public input during November 5-6, 2009. An advertisement was posted in the Denton Record Chronicle inviting the public, neighboring communities, local business, academia, agencies, and nonprofits to view and comment on the DeLMS prior to plan submission. There were no comments received from the Citizens, Non-Profits, Businesses, Academia, or Interested Parties. An additional opportunity for the public to comment on the plan will be held prior to formal plan adoption. North Central Texas Council of Governments Regional Mitigation Strategy The Emergency Management office previously made efforts for a comprehensive mitigation plan by incorporating other city plans and creating layers of data. These layers were useful in determining vulnerabilities and susceptible neighborhoods. This information was used when creating current risk assessment data. A Vulnerability Assessment (2005); Transportation Flow Study (2004) and Subdivision Rules and Regulations (2003) were also incorporated. Other documents listed were also used for the mitigation strategy. • Special Needs: Nursing homes, retirement communities, disabled, hospitals • Critical Facilities / Locations: Federal and State Buildings City and County buildings • Infrastructure and Pipelines: Railways Underground pipelines Water Treatment Plants • Schools: Public schools, private schools, universities, community colleges, day schools. • Other Facilities: Hazardous Materials sites, Tier II locations, large churches • As well as other city plans including the Capitol Improvement Plan, Building Codes, National Flood Insurance Program, and Zoning codes By reviewing the above plans and documents the Hazard Mitigation Team was able to take pertinent information and congeal it into the Hazard Mitigation Strategy. Denton County Chapter Two 2.2 C`°y of Corinth The City of Corinth developed a Hazard Mitigation Team to write and adopt a Local Mitigation Strategy. The HMT consisted = of citizens' from the city and surrounding communities, the Director of - ' Public Planning, the head of the Corinth Zoning Department, the Corinth Police Chief, and the Emergency Management Coordinator. j N ~ The HMT was lead by the Emergency Management Coordinator who ''.4 took the lead in gathering data and completed the input from each of the HMT members. Each of the HMT members provided information from their department and contributed to the Mitigation Actions. The Mitigation Planning Team presented the proposed mitigation projects to the Corinth City Council and to the Lake Cities Area Lions Club. The Hazard Mitigation Team also involved the Corinth Citizen Corps Council in the development of the plan. The City of Corinth wanted to ensure that the citizens were able to have a voice in the plan. In an effort to solicit comments and encourage citizen participation a copy of the plan was displayed at the Lake Cities Library. At the aforementioned presentations to the city council meeting and Area Lions Club, the public was invited to come and provide feedback to the Local Mitigation Strategy. There was an opportunity for questions to be asked and answered and suggestions were considered if applicable to the plan. This procedure was followed at numerous City Council meetings and by placing a copy at the Lake Cities Library for review and solicitation of comments. Interested parties were given opportunity to be involved in the process through articles published in the city news letters and the area wide newspaper inviting community involvement. A final public meeting for citizens and all interested parties was posted and held during a City Council Session on April 24, 2008 at the Corinth City Hall. Neighboring communities, agencies, businesses, academia, non-profits and other interested parties were afforded the opportunity to review the Local Mitigation Strategy in the same manner the public was invited. During November 5-6, 2009 an ad was posted in the Denton Record Chronicle inviting the public, neighboring communities, local business, academia, agencies, nonprofits to view and comment on the DeLMS prior to plan submission. There were no comments received from the Citizens, Non-Profits, Businesses, Academia, or Interested Parties. An additional opportunity for the public to comment on the plan will be held prior to formal plan adoption. In the planning process the existing Building Codes and Fire Codes were consulted, as were the Planning Director and the Fire Marshal. The current Building Code and Fire Code adopted by the City of Corinth is the International 2003 version. These plans are enforced through a process that includes planning review, inspections, and the issuance of permits. The City also has a Floodplain management program that is under the direction of a Certified Floodplain manager with codes that prohibit or restrict the development in the floodway or floodplain. In addition to these codes the city Capitol Improvement Plan was referenced and reviewed in the process of creating the Local Mitigation Strategy. These plans were referenced in the drafting of the Mitigation Plans and helped to create the plans' current action items. North Central Texas Council of Governments Regional Mitigation Strategy 2. City Denton The City of Denton Local Mitigation Strategy was developed through joint efforts of the Hazard Mitigation Team, Denton County Local Mitigation Strategy, and the regional mitigation action planning partners. A Hazard E N T~~ Mitigation team was created as a subcommittee of Denton Emergency Preparedness Advisory Council (DEPAC). The 'T' a following individuals make up the HMT: I 1S • City of Denton Fire Chief/EMC • City of Denton Fire Marshal • City of Denton Emergency Management Program Manager • City of Denton Emergency Management Assistant • City of Denton PIO • City of Denton Police Department - Environmental Crimes Officer • City of Denton Parks & Recreation Department • City of Denton Planning Administration • Denton County Health Department - Health Emergency Alert Response Team (HEART) Member • City of Denton Watershed Protection • University of North Texas (UNT) Emergency Administration & Planning Program Professor • Denton Regional Medical Center- Safety Officer • State Farm Insurance - Insurance Agent Hazard Mitigation Coordinator (HMC): Hazard mitigation is a function that requires the coordination of a variety of multi-disciplined on-going activities. The Mayor, as the Emergency Management Director, is responsible for the overall emergency management program, and has designated the Fire Department/Office of Emergency Management as the agency with primary responsibility for hazard mitigation. The Emergency Management Program Manager has been designated as the HMC and serves as the single manager/coordinator for this function in this jurisdiction. In May 2004 the HMT began discussing policy planning and mitigation activities related to the City of Denton. Tasks were assigned to city departments and the initial development of a HazMap began in 2005. With the Mitigation Regional effort beginning in 2006, the City of Denton joined the NCTCOG process and the Denton County Local Mitigation Strategy. Meetings and participation in a Denton County Local Mitigation Strategy has continued into 2007. DEPAC/HMT meetings have been held on the following dates at Denton Fire Department - Central Fire Station: • January 30, 2007 • May 23, 2007 • July 24, 2007 DEPAC will continue to serve as the forum (HMT) for meetings concerning the City of Denton's participation in the Regional Mitigation Strategy. HMT members are active participants in DEPAC and will continue to support development, revisions, maintenance, and public participation in the Denton County Local Mitigation Strategy. L Denton County Chapter Two Numerous opportunities were provided for neighboring communities, local and regional agencies involved in hazard mitigation activities, and agencies that have authority to regulate development, as well as businesses, academia and other non-profit interests to be involved in the planning process. For the initial development of the HazMap the following avenues to solicit public participation were involved: Newspaper: A press release was included in the Denton Record-Chronicle providing general information to the public and soliciting information and feedback on the City of Denton Local Mitigation Strategy. Points of contact have been provided for interested citizens to call or write with suggestions or further information. The Emergency Management Program Manager, as the designated Hazard Mitigation Coordinator, serves as the point of contact. Neighborhood and Civic Groups: Members of the HMT provided information and presented hazard mitigation surveys to neighborhood groups and civic organizations. City of Denton Website: Information regarding the Local Mitigation Strategy and hazard mitigation surveys was placed on the City of Denton website. Comments were forwarded to the Emergency Management Program Manager. Television: Information regarding the Local Mitigation Strategy was included on Denton Television (DTV), Charter Cable Channel 26. Radio: Public Service Announcements (PSA) regarding the Local Mitigation Strategy were included on the University of North Texas (UNT) radio station KNTU 88.1 FM. Support Groups: Participation in the Local Mitigation Strategy also came from Denton County Volunteer Organizations Active in Disasters (DCVOAD). VOAD is a national association of volunteer organizations. City staff is working with DCVOAD to improve the coordination of donations and volunteer efforts should a disaster occur in Denton. DCVOAD member organizations were a primary contributor to the hazard mitigation survey. DCVOAD includes member organizations throughout Denton County and the DFW Metroplex. DCVOAD meets quarterly at the Denton County Office of Emergency Services. Contact with Regional/State/Federal Agencies: Early in the planning process, the following agencies were notified of the intent of the City of Denton to develop a Local Mitigation Strategy. They were offered the opportunity to make suggestions or provide input related to mitigation management in Denton: NCTCOG, FEMA Region VI (Denton) and Denton County Office of Emergency Management. Public/Open Meetings: The primary platform for public participation is through attendance and input at regularly scheduled DEPAC meetings. DEPAC meeting dates from the initial development of the Local Mitigation Strategy in 2004 through current gatherings in 2007 are listed above. Hazard Mitigation is a standing committee of DEPAC. Not only does DEPAC membership consist of public, private sector, and non-profit organization members in the City of Denton; it also includes regional members and individual participation. There are several individual community representatives included in DEPAC. Their ideas and input on the committee as well as comments regarding the Local Mitigation Strategy are greatly valued. DEPAC consists of the following organizations: KNTU Radio Station 88.1 FM Mayhill Hospital Union Pacific Railroad City of Flower Mound UNT - EADP Program U.S. Dept of Housing & Urban Dev. Denton County Health Department City of Denton Emergency Management Denton County Medical Reserve Corps Denton County Amateur Radio Assn. Denton Municipal Electric Texas Woman's University North Central Texas Council of Governments Regional Mitigation Strategy GDEM RLO 1A National Weather Service - Fort Worth City of Denton Tech Services Denton Independent School District Denton Fire Dept - Training Section North Texas State Fair & Rodeo FEMA Region 6 Salvation Army UNT - Police Department City of Denton - Communications Dept. Denton County CERT Civil Air Patrol Co-Serve Electric Denton Public Safety Dispatch Quality Inn & Suites Integrity Transitional Hospital City of Denton Human Resources UNT - Risk Management Denton County Humane Society City of Denton Parks & Rec Department Presbyterian Hospital of Denton TX DPS - Denton Office Denton Fire Dept - Fire Marshal's Office Denton County Sheriff's Office Denton Chamber of Commerce City of Oak Point Denton Fire Dept - EMS Section Morrison Milling Company Denton State School Denton Police Department Defense Coordinating Officer Denton County Transportation Authority Denton Fire Dept. - Operations Division Denton County Emergency Management City of Denton Traffic Engineering City of Denton PIO Denton Bible Church - SWEAT Team Peterbilt Motors ACME Brick Denton County Coroner's Office City of Denton Watershed Protection City of Denton - City Manager's Office City of Denton Airport American Red Cross U.S. EPA Region VI City of Denton Economic Development City of Denton Streets & Drainage Atmos Energy Safety-Kleen - Denton Recycling Plant City of Denton Solid Waste Department City of Dallas Emergency Management City of Denton Risk Management Integrity Transitional Hospital City of Lewisville Emergency Management United Way of Denton County City of Fort Worth/TC Emergency Management Denton Regional Medical Center UMCOR United Copper City of Denton Animal Control Individual & Community Representatives Public All DEPAC meetings are open to the public and citizens are urged to attend and participate in the effort to help make Denton a disaster resistant community. DEPAC meetings are held every other month, typically the third Wednesday of the month, at 10 a.m. at Central Fire Station. A draft copy of the Local Mitigation Strategy is available for review and comment at Central Fire Station and at all DEPAC meetings. During November 5-6, 2009 an ad was posted in the Denton Record Chronicle inviting the public, neighboring communities, local business, academia, agencies, and nonprofits to view and comment on the DeLMS prior to plan submission. There were no comments received from the Citizens, Non-Profits, Businesses, Academia, or Interested Parties. An additional opportunity for the public to comment on the plan will be held prior to formal plan adoption. The following is a list of other documents which were consulted for the development of the City of Denton Local Mitigation Strategy. • City of Denton Emergency Management Plan - Basic Plan and Annexes (Rev. 2007) • City of Denton Comprehensive Plan (1999-2020) • North Central Texas Council of Governments (NCTCOG) Multi Hazard Risk Assessment: Forewarnings of Natural Hazards to the Year 2030 (2004) • City of Denton Hazardous Weather Operations Plan (Rev. 2005) • City of Denton Hazard Impact and Risk Assessment Worksheet Summary (2004) • High Weather & Sever Storm Operations Plan (Rev, 2003) Denton County Chapter Two • High Water Emergency Response Map Book (Rev. 2003) • FIRM Flood Insurance Rate Maps (1997) • 2003 International Fire Code (Adopted 2006) • 2003 International Building Code (Adopted 2006) • 2003 International Plumbing Code (Adopted 2006) • 2003 International Energy Code (Adopted 2006) • 2003 International Residential Code (Adopted 2006) • 2003 International Fuel/Gas Code (Adopted 2006) • 2003 International Mechanical Code (Adopted 2006) • 2005 Electric Code (Adopted 2006) • Capital Improvement Program (2006-2011) • City of Denton Annual Program of Services (2007-2008) • TIER Two Chemical Reporting Forms (2006) North Central Texas Council of Governments Regional Mitigation Strategy 2. City of L wi vi"a The Hazard Mitigation Team for the City of Lewisville incorporated members of existing planning functions within the City to develop a comprehensive approach to the Local Mitigation Strategy. Members from the City of Lewisville Emergency Management Staff, EOC User's Group, Planning and Zoning Board, Public Services, along with several others provided the input needed to develop this plan. Our planning team members: • Emergency Management Coordinator • Public Information Officer/Community Relations Manager • Assistant City Engineer • Floodplain Manager • Assistant Chief of Operations (Fire Department) • Division Chief (Fire Department) • Public Services Director • Public Services Assistant Director • Water/Wastewater Operations Manager • Chief Building Official • Fire Marshal Hazard Mitigation Coordinator: The Mayor, as the Emergency Management Director has overall responsibility for the Emergency Management Program at the City of Lewisville. He has designated the Fire Department-Emergency Management Division as the agency with primary responsibility for hazard mitigation. The Emergency Management Coordinator has been designated as the Hazard Mitigation Coordinator and serves as the single manager/coordinator for the City of Lewisville. I The City of Lewisville wanted to solicit specific feedback from our residents to incorporate into the Local Mitigation Strategy. Several large community events took place during the month of September. The Emergency Management Staff used these opportunities to present the Local Mitigation Strategy to citizens and solicit their feedback through a survey. The survey was conducted at the Western Day Festival (September 26, 2009) and at an Emergency Preparedness Booth (September 27, 2009) located at Wal-Mart. The survey consisted of 5 questions; including what they felt was the most significant hazard in the City of Lewisville, locations of potential mitigation projects in the City, mitigation efforts they were undertaking at their own home or within their own neighborhoods, and their level of understanding of hazard mitigation. Based on their responses, representatives at the booth would then discuss their answers or provide further explanation regarding the Local Mitigation Strategy. At the end of the two events, we were able to collect 32 surveys from residents. The feedback from the surveys was incorporated into the final revision of the Local Mitigation Strategy. During November 5-6, 2009 an ad was posted in the Denton Record Chronicle inviting the public, neighboring communities, local business, academia, agencies, nonprofits to view and comment on the DeLMS prior to plan submission. While an opportunity to the public was provided during the planning process, there were comments submitted from the Citizens, Non-Profits, Businesses, Academia, or Interested Parties. An additional opportunity for the public to comment on the plan will be held prior to formal plan adoption. L Denton County Chapter Two As part of the planning process for the Local Mitigation Strategy, the planning committee reviewed several existing documents and incorporated them where applicable. Those documents included: City of Lewisville Emergency Operations Plan City of Lewisville Building Codes and Fire Codes City of Lewisville Capital Improvement Projects North Central Texas Council of Governments Regional Mitigation Strategy 2.4 City of The Colony fl- Building upon the efforts started through NCTCOG, and to further address the issue of mitigation specific to the City of The Colony, several city departments assisted in the - - development of the Local Mitigation Strategy. These Departments r comprised a Hazard Mitigation Team who provided the information within the Local Mitigation Strategy: ■ Director of Engineering ■ Fire Chief ■ Police Chief ■ Public Works Director ■ The Colony City Manager Office ■ The Colony Finance ■ The Colony Parks and Recreation ■ The Colony Chamber of Commerce The Fire Chief was selected to direct the mitigation planning efforts of the city and will serve as the point of coordination for mitigation efforts. Open meetings were held allowing the public an opportunity to participate and comment on the mitigation planning process - however no public participation was received. Outreach tools were developed by NCTCOG staff to convey the complex message of mitigation. It was determined that the best way to convey the message was to use a fairy tale theme - "Prevent a Disaster... Live Happily Ever After". Using themed children's stories, the outreach committee initially developed a series of posters and brochures for use in public education activities. These posters were made available to The Colony via NCTCOG website. The public education tools are provided free of charge and without any reproduction restrictions. As the NCTCOG Local Mitigation Strategy effort progressed, additional technical outreach tools were developed. Again, the NCTCOG staff developed a series of large posters for use in public education efforts. These posters were also made available to The Colony via NCTCOG website. All outreach tools were printed and posted in City Hall in an effort to promote mitigation planning, inform the Citizens, Non-Profits, Businesses, Academia, and interested Parties in The Colony of the planning meetings to be hosted by the NCTCOG. As part of the North Central Texas Council of Governments (NCTCOG) Local Mitigation Strategy efforts, regional public meetings were hosted across the North Texas area. These meetings were announced on the NCTCOG website and through local venues. Citizens, Non-Profits, Businesses, Academia, Interested Parties, and Neighboring Communities of the City of The Colony were invited to two public hearings at NCTCOG on June 8, 2004 at 7:00 pm and June 9, 2004 at 1:00 pm at the North Central Texas Council of Governments. A Public Hearing announcement was sent to the Mayors and Hazard Mitigation Planning Point of Contact. The Colony recognized a community wide approach to mitigation planning efforts. Several of The Colony planning and reference documents as well as state and federal documents established a foundation for which the Local Mitigation Strategy was built upon. Reference documents to the Local Mitigation Strategy include the following: ■ City of The Colony Comprehensive Plan ■ City of The Colony Emergency Management Plan ■ City of The Colony Emergency Management Ordinance ■ City of The Colony Flood Damage Prevention Ordinance ■ City of The Colony Office Creek Drainage Master Plan L Denton County Chapter Two ■ City of The Colony Storm Water Control Plan ■ City of The Colony Water Conservation Drought Contingency Plan ■ Denton County Flood Insurance Study and FIRMS ■ Texas Division of Emergency Management Hazard Analysis These plans and ordinances were used to provide a guideline in establishing goals, objectives, and mitigation action items. In addition to these codes the city Capitol Improvement Plan was referenced and reviewed in the process of creating the Local Mitigation Strategy. These plans were referenced in the drafting of the Local Mitigation Strategy and helped to create the plans' current action items. Comprehensively addressing mitigation action item planning through incorporating existing city documents ensures that mitigation planning will be a city-wide effort. North Central Texas Council of Governments Regional Mitigation Strategy Analysis Chapter Three: Hazard Chapter Three of the Denton County Multi-Jurisdictional Local Mitigation Strategy is a risk assessment that provides the factual basis for the action items described in Chapter Four. This information serves to enable the participating jurisdictions to identify and prioritize the appropriate mitigation action items to reduce losses from the identified hazards. Hazards are identified and profiled, to include location and extent of each hazard as well as detailed previous occurrence and probability of future events data. 3.1 Profiling Hazards 3- This section presents a description of the natural hazards which have been identified to affect the participating area. Denton County LMS has identified a vulnerability to ten hazards, three which are considered to be geographically defined and further assessment has been provided by the participating jurisdictions. 3. Location Hazards 3-10 section provides the geographic location and vulnerability of each identified hazard to the participating jurisdictions within the Denton County LMS. Maps, to include flood zone, land use, and critical infrastructure depict the nature of vulnerability to people and structures from the identified hazards. 3.3 Extent 3-11 are two descriptions of the extent in which the magnitude and severity of each hazard affect the planning area; one is an overall detail of the natural hazard specific extent scales within the Denton County LMS, the second is a participation jurisdiction specific analysis and ranking of each identified hazard, and can be found on page 3-21. 3. Occurrence 3-24 section details in pages 3-25 through 3-53 the past events, ranging from 1950 to 2007 according to the National Climatic Data Center and on page 3-54 the probability of future events for each jurisdiction is addressed. 3. Impact 3-55 section illustrates the impact of each hazard on the participating jurisdictions within the Multi-Jurisdictional Local Mitigation Strategy. 3. Structures, Losses, Trends and 3-74 section focuses on forecasting and further assessment of vulnerability in terms of the types and numbers of existing and future structures (identified as single family, multi- family, and manufactured homes, infrastructure, and critical facilities located in the identified hazard area. 3. Repetitive Loss Properties 3-85 section depicts the National Flood Insurance Program insured structures that have been repetitively damaged by floods, and describes the vulnerability in terms of the types and numbers as well as damage claims for those properties located in the identified hazard areas. North Central Texas Council of Governments Regional Mitigation Strategy 3. Introduction to Hazard Analysis The Local Mitigation Strategy for Denton County is a tool to assist in the identification and documentation of all the hazards faced in the region. The Denton County profile is one of many developed by the North Central Texas Council of Governments under the FEMA Hazard Mitigation program. These plans are created by compiling data from the NCTCOG regional natural hazards risk assessments, Damage Assessments, Hazard Profiling and Identification as well as historical data and geographic information L _ ~ _ _ Denton County Local Mitigation Strategy has identified the following Natural Hazards as having the potential to cause damage in the county. Flooding, Dam Failure, and Wildland Fire are the only hazards recognized to have predictable vulnerable areas. All other hazards are equally likely to occur throughout the Denton County jurisdictions. _ A violently rotating column of air, in contact with the ground, either pendant from a cumuliform cloud or underneath a cumuliform cloud, and often (but not always) visible as a condensation funnel cloud. Tornados affect the entire planning area equally. L _]Outgrowth of a severe thunderstorm in which balls or irregularly shaped lumps of ice greater than 0.75 inches in diameter fall with rain. Early in the developmental stages of a hailstorm, ice crystals form within a low-pressure front due to warm air rising rapidly into the upper atmosphere and the subsequent cooling of the air mass. Frozen droplets gradually accumulate on the ice crystals until, having developed sufficient weight, they fall as precipitation. Hail affects the entire planning area equally. Photo:http.-Ilwww.wfaa.com/Sharedconte Wind is defined as the motion of air relative to the nt/dws~rimg/wfaa/04-08/0403hailmo.jpg earth's surface. The horizontal component of the three-dimensional flow and the near-surface wind phenomenon are the most significant aspects of the hazard. Straight-line winds are often responsible for most of the wind damage associated with a thunderstorm. These winds are often confused with tornadoes because of similar damage and wind speeds. However, the strong and gusty winds associated with straight-line winds blow roughly in a straight line unlike the rotating winds of a tornado. Downbursts or micro bursts are examples of damaging straight-line winds. A downburst is a small area of rapidly descending rain and rain-cooled air beneath a thunderstorm that produces a violent, localized downdraft covering 2.5 miles or less. Wind speeds in some of the stronger downbursts can reach 100 to 150 miles per hour, which is similar to that of a strong tornado. The winds produced from a downburst often occur in one direction, and the worst damage is usually on the forward side of the downburst. High Winds affect the entire planning area equally. i I Winter storms originate as mid-latitude depressions or cyclonic weather systems, sometimes following the path of the jet stream. A winter storm or blizzard, combines heavy snowfall, high winds, extreme cold and ice storms. Many winter depressions give rise to exceptionally heavy rain and widespread flooding and conditions worsen if the precipitation falls in the form of snow. The winter storm season varies widely, depending on latitude, altitude and proximity to moderating influences. Severe Winter/Ice Storm affects the entire planning area equally. j Severe summer heat is characterized by a combination of a very high temperatures and exceptionally humid conditions. When persisting over a period of time, it is called a heat wave. Extreme Heat affects the entire planning area equally. Denton County ® Chapter Three 1 Drought can be defined as a water shortage caused by the natural reduction in the amount of precipitation expected over an extended period of time, usually a season or more in length. It can be aggravated by other factors such as high temperatures, high winds, and low relative humidity. Drought affects the entire planning area equally. An earthquake is a sudden motion or trembling caused by an abrupt release of accumulated strain on the tectonic plates that comprise the Earth's crust. The theory of plate tectonics holds that the Earth's crust is broken into several major plates. These rigid, 50- to 60- mile thick plates move slowly and continuously over the interior of the earth, meeting in some areas and separating in others. As the tectonic plates move together they bump, slide, catch, and hold. Eventually, faults along or near plate boundaries slip abruptly when the stress exceeds the elastic limit of the rock, and an earthquake occurs. The ensuring seismic activity and ground motion provoke secondary hazards: surface faulting, ground failure, and tsunamis. The vibration or shaking of the ground during an earthquake is referred to as ground motion. In general, the severity of ground motion increases with the amount of energy released and decreases with distance from the causative fault or epicenter. When a fault ruptures, seismic waves are propagated in all directions, causing the ground to vibrate at frequencies ranging from 0.1 to 30 Hz. Seismic waves are referred to as P waves, S waves, and surface waves. There is one known earthquake occurring in the northern Denton County/Cooke County border close to the city of Valley View and Pilot Point (both located in Cooke County). This event occurred on September 18, 1985 measuring 3.3 on the Mercalli/Richter Scale and was not located near any fault zones. The geophysical field investigations at the Superconducting Super Collider (SCC) site in Ellis County (South East of Denton County) revealed no unusual rock foundation properties at the site that would lead to anomalous ground motions during earthquakes. There are no known active geological faults within Denton County. Inactive normal faults of the Balcones fault system do occur. The most likely risk to a significant earthquake event is associated to either a distant larger quake which might occur in Missouri, Tennessee, or Oklahoma, though these earthquakes are probable to occur only once every 500 years. The second likely occurrence for earthquakes is large amount of hydrocarbon production occurring in the northwestern area of the North Central Texas region including Denton County. Natural Gas Extractions has been responsible for creating small earthquakes within the formations which it is produced, in the case of the North Texas natural gas play, the primary formation is the Barnett gas play. Due to the risk being associated to a distant quake, Earthquakes affect the planning area equally. A wild land fire is any fire occurring on grassland, forest, or prairie, regardless of ignition source, damages or benefits. Wildland fires are fueled almost exclusively by natural vegetation. They typically occur in national forests and parks, where Federal agencies are responsible for fire management and suppression. Interface or intermix fires are urban/wildland fires in which vegetation and the built-environment provide fuel. Firestorms are events of such extreme intensity that effective suppression is virtually impossible. Firestorms occur during extreme weather and generally burn until conditions change or the available fuel is exhausted. Unincorporated Denton County Over 60% of Denton County is unincorporated with much of that area susceptible to some form of wildfire. Typical wildfire fuels throughout the area consist of native grass with some scrub and timber stands. Little if any classic urban interface exists though some threat to primary residences does exist with native vegetation in close proximity to those structures. As is normal with this hazard, the wildfire threat is cyclical with the limited moisture in fall and winter months being the typical fire season. Photo:http.Y/www.dentonrc.com/sharedcontent/dws/pt/ slideshows/20081021week in-review-02-04 North Central Texas Council of Governments Regional Mitigation Strategy A wildfire map has been provided; the map is divided by quadrants for feasibility. It has been developed utilizing known areas of high vegetative and agriculture lands and includes areas of known wildland fire urban interface. Wildland fire within Denton County is affected heavily by annual rain fall. No one area has greater wildland fire potential than another. Mitigation Action Items have been identified in Chapter 4.2. City of Denton The city limits of the City of Denton are comprised of 87.92 square miles of which 44% is developed land. The remaining 56% is undeveloped area equal to 31,656 acres or 49.46 sq miles. Due to the large amount of wooded and grassland areas, the City of Denton is at risk for wildland fires. The largest areas of undeveloped property are in the following sections of the city: north of Loop 288, U.S. 380 east of Loop 288, U.S.380 west of I-35, and along I-35 W. The Denton Fire Department responded to 95 wildland fires in the city limits in calendar year 2008. Two wildland fires occurred on January 29, 2008 burning 700 acres in the city limits of Denton. Depending on weather conditions such as wind direction, wind speed, and humidity level, wildland fires can occur quickly and threaten neighborhoods, businesses, and schools with little notice. City of Corinth There is no history or occurrences of wildland fires in the City of Corinth. Although the city does have areas of open unimproved lands in excess of 100 acres with the wildland urban interface fire potential the areas are centrally located in the city thus not vulnerable to wildland fires. These unimproved land areas include the areas between Meadows Oak on the south, South Corinth Street on the west and Interstate 35 E on the east; Dobbs Street on the North, I- 35E on the west, the North Central Transit Authority Rail Track on the east and Burl Street on the south; the area along the west side of North Corinth Street, north of the Public Works Compound, and south of Shady Shores Road; Lake Sharon on the north, and Parkridge on the east. In addition the City of Corinth is responsible for Army Corps of Engineers property located on the north shore of Lake Lewisville, from Sycamore Bend Park on the east around to Old Alton Road on the west. City of Lewisville The open space within the City of Lewisville is owned and operated by the Army Corps of Engineers. This area is located at the southern border of Lake Lewisville Dam essentially this is the crossroads from Mill St. to Business 121. 2000 Acres of the open land is managed by the Army Corps of Engineers. The remaining areas are privately owned and located in the far eastern portion of the city along HWY 121 and FM 544 and another is in the southern part of the city south of FM 3040 and Valley Parkway. The eastern and southern portions are a mixture of managed agriculture and future developed. All areas of open land are managed. Therefore, Wildland fire is not a risk to the City of Lewisville. City of The Colony The Colony covers a land area of 13.7 square miles and is located in the Trinity River Basin on the western border of Lake Lewisville. The Colony does not have record of any wildland fire incidents occurring larger than one acre in size. The Colony has approximately 3.72 square miles of available land for development along the 121 corridor and in the planned build out of the Tribute Subdivision located at the crossroads of Lebanon Road and Boyd Road. The City of The Colony operates twenty-nine neighborhood parks, which are primarily undeveloped tracts within various neighborhoods within the community. The undeveloped land that is managed as city parkland and is not considered wildland. Therefore, The Colony is not at risk to wildland fire. * See http://www.city-data.com/fire/fire-The-Colony-Texas.htmi forrecords ofsmallergrass fires e Flooding is defined as the accumulation of water within a water body and the overflow of excess water onto adjacent floodplain lands. The floodplain is the land adjoining the channel of a river, stream, ocean, lake, or other watercourse or water body that is susceptible to flooding. The statistical meaning of terms like "25-year storm" and "100-year flood" can be confusing. Simply stated, a floodplain can be located anywhere; it just depends on how large and how often a flood event occurs. Floodplains are those areas that are subject to inundation from flooding. Floods and the floodplains associated with them are often described in terms of the percent chance of a flood event happening in any given year. As a community management or planning term, "floodplain" most often refers to an area that is subject to inundation by a flood that has a Denton County ® Chapter Three one percent chance of occurring in any given year (commonly and incorrectly referred to as the 100-year floodplain). Common flooding hazards within the planning area include flood hazards from flash flooding and from new development. Flash floods are a high risk hazard since they can roll boulders, tear out trees, and destroy buildings and bridges. A flash flood is a rapid flooding of low-lying areas in less than six hours, which is caused by intense rainfall from a thunderstorm or several thunderstorms. Flash floods can also occur from the collapse of a man- made structure or ice dam. Construction and development can change the natural drainage and create brand new flood risks as new buildings, parking lots, and roads create less land that can absorb excess precipitation from heavy rains, hurricanes, and tropical storms. Unincorporated Denton County There are four major creek basins throughout Denton County which are Clear Creek, Hickory Creek, Denton Creek and the Elm Fork. Though, historically flooding has been limited to localized street flooding and has not been tracked as a significant event. The street flooding has historically occurred in the area of Old Alton Road which is currently being annexed by the City of Denton. County engineers and public works departments have implemented various mitigation strategies to address or minimize localized flooding through road and drainage improvements in the area of the Hickory Creek Road and Old Alton. City of Denton The City of Denton has three primary tributaries that run through the city limits and drain into Lake Lewisville. These include Cooper Creek, Pecan Creek, and Hickory Creek. Major flash flooding occurred in April and June of 2007 - when flood waters overflowed the banks of all three creeks. Hundreds of homes and businesses were flooded. The City of Denton received a Presidential° T x_ -4. Disaster Declaration for the two flood events. As the City continues to grow and develop, this will lead to increased runoff and drainage issues into the tributaries and the potential for future flooding along these same at-risk locations. These areas have had histories of flooding during heavy rain events. Floodways near these homes are being addressed to Photo:http.//www.dentonrc.com/sh aredcontent/dw alleviate storm water drainage issues. New s/pt/slideshows/2007/07/high_water/ construction cannot be built in the floodway and those built in the flood plain must be flood proofed one foot above BFE. City of Corinth In previous years there have been severe flooding issues in the Amity Village Subdivision of Corinth. In recent years this has been off set, through the development of improved drainages systems in the subdivision. However, the area is still susceptible to flooding and the drainage system needs further improvements and retention ponds need to be added to lessen the effect of future flooding issues. City of Lewisville The City of Lewisville has taken great measures to reduce the potential of flooding. The following are the primary waterways which flow through the City of Lewisville: Timber Creek, Prairie Creek, Midway Branch Creek, Denton Creek, and the Trinity River, The primary locations of flooding concerns are the residential homes located on Timber Creek. Several structures near the intersection of Timber Creek Dr and League Rd have been identified as repetitive loss and possible mitigation efforts are being studied. There is minor flooding at State Highway 121 and Railroad St. due to a tributary of Timber Creek. There are currently no mitigation efforts in place; however a drainage and expansion study has been identified in Chapter 4. City of The Colony The City of The Colony enrolled in the National Flood Insurance Program (NFIP) in 1984. Approximately 1,065 acres are subject to flooding within the corporate limits of The Colony, accounting for approximately nine (9) percent of the total area within the City. Since 1984, only two structures have submitted claims under the National Flood Insurance Program. All North Central Texas Council of Governments Regional Mitigation Strategy property within the city limits has been constructed above the Lake Lewisville base flood elevation of 537 feet above sea level. Within the identified 100-year floodplain, approximately sixty-eight percent (68%) or 727 acres are in public ownership. This accounts for 836 individual properties lying within the 100-year floodplain. The value of the public owned property is assessed at $118,400,000 per Denton Central Appraisal District records. No critical facilities lie within identified floodplain. As documented, The Colony is subject to flooding from Stewart Creek, Office Creek and numerous other streams. The area is subject to intense local thunderstorms of short duration and general storms extending over periods of several days. Flooding results primarily from stream overflow caused by rainfall runoff, ponding, and sheet flow. Most of the flooding events occur in the spring and summer months. However, severe flooding can be produced by rainfall events at any time. The following areas have been identified as susceptible to periodic flooding events: Stewart Creek Stewart Creek rises a mile southeast of Frisco in southwestern Denton County and runs southwest for four miles to its mouth on Lewisville Lake. The surrounding moderately to gently rolling terrain is surfaced by deep clayey soils. The creek's vegetation consists of oak, juniper, and grasses near its source and pecans, hardwoods, and grasses near its mouth. Until the early 1950s Stewart Creek emptied into the Elm Fork of the Trinity River in southeast Denton County. The construction of Lewisville Lake shortened the length of the stream and diverted its course to empty on the lake. Office Creek Office Creek flows from east to west into Lewisville Lake in the southwest portion of The Colony. It is approximately 2.4 stream miles long and has a drainage area of approximately 2.6 square miles. Stream SC-1 Stream SC-1 flows through the northern portion of The Colony. This stream is approximately 2.8 stream miles long and has a drainage area of approximately 2.5 square miles. Stream SC-1 is fed by Stream SC-1A also flowing through the northern portion of the city. Stream SC-1A is approximately 2.8 stream miles long and has a drainage area of approximately 1.2 square miles. Stream SC-2 Stream SC-2 flows from south to north in the northeast portion of The Colony. It is approximately 5.7 stream miles long, but only approximately 1.1 stream miles are contained within the corporate limits. Stream SC-2 has a drainage area of approximately 5.7 square miles. A dam is defined as a barrier constructed across a watercourse for the purpose of storage, control, or diversion of water. Dams typically are constructed of earth, rock, concrete, or mine tailings. A dam failure is an accidental or unintentional collapse, breach, or other failure of an impoundment structure that results in downstream flooding. Because dams are man-made structures, dam failures are usually considered technological hazards. However, since most dam failures result from prolonged periods of rainfall, they are often cited as secondary or cascading effects of natural flooding disasters and are not named as the primary hazard that causes disaster declarations. Unincorporated Denton County There are several Dams which have been identified as High Hazard according to the National Inventory of Dams. There are six high hazard dams in the unincorporated portions of Denton County which are marked in the mapping section G. There have not been significant dam inundations studies that the County is aware of therefore those studies need to be conducted prior to development of mitigation action items as determined in Chapter 4. Denton County ® Chapter Three The following are a list of dams which are listed as high hazard: Deussen Reservoir Dam is under the responsibility of the Texas Natural Resource Conservation Services (NRCS). NRCS works with partnering water shed districts and agencies for regular maintenance and health of the dam. Map G.7 illustrates the surrounding area, open land. Denton County will continue to work with NRCS as outlined in chapter 4. Deussen Dam is located at the junction of County Line Rd. and Deussen Road in a rural area of Denton County. This is a site specific retention dam and a breach would affect a very minimal area downstream with as little as one house being affected. Twin Lakes No 2 Dam is under the responsibility of the Texas Natural Resource Conservation Services (NRCS). NRCS works with partnering water shed districts and agencies for regular maintenance and health of the dam. Map GA illustrates the surrounding area. Twin Lakes Dam No. 2 is located to the northwest of the junction of Stuart Rd. and Lakeview Dr. With a capacity of only 5 acres, Twin Lakes Dam is primarily used as for local retention on Miliam Creek. Denton County will continue to work with NRCS to gather data such as inundation studies as outlined in chapter 4. This is a site specific retention dam and a breach would affect a very minimal area downstream with as little as one house being affected. Clear Creek WS SCS Site 53 Dam is on the Willow Branch River in Denton County in the Clear Creek Water Shed. More specifically it is located Southwest of the Intersections of Loid Rd. W and Metz Rd. It is primarily used for flood control purposes. Construction was completed in 1963. It has a normal surface area of 34.1 acres. It is owned by Denton County Swcd. Clear Creek Ws Scs Site 53 Dam is of earthen construction. The foundation is unlisted or unknown. Its height is 40 feet with a length of 2900 feet. Maximum discharge is 3045 cubic feet per second. Its capacity is 2182 acre feet. Normal storage is 200 acre feet. It drains an area of 4.42 square miles. http://findlakes.com This is a site specific retention dam and a breach would affect a very minimal area downstream with as little as one house being affected. Clear Creek WS SCS Site 51 Dam is on a tributary of Clear Creek in Denton County between the roads of Merlin Dr. and Chrisum Rd. It is used for flood control purposes. Construction was completed in 1965. At normal levels it has a surface area of 26 acres. It is owned by Denton County Swcd. Clear Creek Ws Scs Site 51 Dam is of earthen construction. The foundation is unlisted or unknown. Its height is 36 feet with a length of 2275 feet. Maximum discharge is 9133 cubic feet per second. Its capacity is 1177 acre feet. Normal storage is 174 acre feet. It drains an area of 2.4 square miles. http://fJindlakes.com. This is a site specific retention dam and a breach would affect a very minimal area downstream with as little as one house being affected. Twin Lakes No 1 Dam is on a tributary of Milam Creek in Denton County, Texas and is used for recreation purposes. Construction was completed in 1970. Its normal surface area is 5.5 acres. It is owned by Us Department Of Housing and Urban Development. Twin Lakes No 1 Dam is of earthen construction. The foundation is unlisted or unknown. Its height is 11 feet with a length of 420 feet. Its capacity is 100 acre feet. Normal storage is 36 acre feet. http://f`indlakes.com. This is a site specific retention dam and a breach would affect a very minimal area downstream with as little as one house being affected. Ray Roberts Dam Ray Roberts Lake is impounded by Ray Roberts Dam on the Elm Fork of the Trinity River in Denton County, Texas and is used for drinking water, recreation, flood control and hydroelectric power purposes. Construction was completed in 1986. It has a normal surface area of 46 square miles. It is owned by the U.S. Army Corps of Engineers. Ray Roberts Dam, also known as Ray Roberts Lake is of earthen construction. The core is earth. The foundation is rock, soil. Though originally completed in 1986, the structure was modified in 1990. Its height is 141 feet with a length of 15090 feet. Maximum discharge is 14500 cubic feet per second. Its capacity is 1.9319e+06 acre feet. Normal storage is 799600 acre feet. It drains an area of 692 square miles. http://fJindlakes.com. At this time a complete inundation study has not been completed for this site, however, it is estimated that areas Northwest of the City of Denton to include extra North Central Texas Council of Governments Regional Mitigation Strategy territorial jurisdictions of the City of Denton would be affected by a significant breach of Ray Roberts Dam. City of Denton There are several Dams which have been identified as High Hazard according to the National Inventory of Dams. Hickory Creek WS SCS Site 17A Dam is owned by the City of Denton and subject to inspection by TCEQ. The City of Denton Parks & Recreation Department is responsible for maintenance as the dams are located within North Lakes Park property. The City works with the NRCS on dam safety issues. The city projects the approximate inundation areas subject to flooding include the geographical boundaries of Windsor Drive to the north, west Hickory Street to the south, Bonnie Brae Street to the west, and Locust Street (US 77) to the east. Further studies are required to determine complete vulnerability. Currently, no serious deficiencies have been found. While there are dam safety inspections, a data deficiency has been recognized and an action item has been identified in Section 4.2. Hickory Creek WS SCS Site 16 Dam is owned by the City of Denton and subject to inspection by TCEQ. The City of Denton Parks & Recreation Department is responsible for maintenance as the dams are located within North Lakes Park property. The City works with the NRCS on dam safety issues. A Dam Breach Analysis was conducted in April 2007 by Kimley-Horn and Associates (KBH). KBH has made recommendations for spillway improvements. The city projects the approximate inundation areas subject to flooding include the geographical boundaries of Windsor Drive to the north, west Hickory Street to the south, Bonnie Brae Street to the west, and Locust Street (US 77) to the east. Further studies are required to determine complete vulnerability. A data deficiency has been recognized and an action item has been identified in Section 4.2. Unicorn Lake Dam is privately owned and maintained by Shelton Enterprises. The jurisdiction recognizes the need to establish a relationship with the owner in order to establish citizen safety. The city projects the approximate inundation areas subject to flooding include the Wimbledon Village neighborhood, which is located southeast of the dam. Further studies are required to determine complete vulnerability. A data deficiency has been recognized and an action item has been identified in Section 4.2. City of Corinth There are several Dams which have been identified as High Hazard according to the National Inventory of Dams. The Lake Sharon Dam is an earthen dam with a history of leaking and having its structural integrity compromised. The Dam is located in an area with residential development on three sides of the lake; the north, west, and east, to the south is Farm to Market Road 2181 and Lake Lewisville. If the Dam fails it will damage the roadway making FM 2181 impassable and creating major traffic problems. City of Lewisville The Lewisville Lake Dam lies within the city limits of the City of Lewisville. The dam is owned and operated by the United States Army Corps of Engineers. In the scenario of a complete dam failure the portion of the city most likely to be impacted would be the area along the Trinity River heading south towards Carrollton. This area along the Trinity River is mix residential and commercial. There would also be major disruption to city water services as the infrastructure would be breached. One of the greatest issues will be the tributaries from the Trinity River will become overwhelmed and potentially flood Old Town. Also the Public Services, Animal Control, City Fleet, Fire Police Training, Water Treatment Plant, Water Production, and Landfill are located in the inundation zone. The City of Lewisville will continue to work the Corps of Engineers in utilizing the results of their Dam Safety Studies and any future Inundation Studies to examine potential mitigating projects to be implemented in the City of Lewisville. Recognizing the data deficiency, action items have been identified in Chapter 4.2. Denton County ® Chapter Three City of The Colony The Lewisville Lake Dam is adjacent to The Colony and is owned and operated by the Army Corps of Engineers. While adjacent The Colony is located upstream of the Dam Failure and the only potential area for impact is an undeveloped area located at Standridge Dr and HWY 121. A Dam Failure would have no affect on structures or city infrastructure. At this time no inundation study has been conducted due to the upstream location and minimal to no risk posed on the City of The Colony. North Central Texas Council of Governments Regional Mitigation Strategy 3.2 Location of Hazards The following maps illustrate the location of the hazards in Denton County. Maps concerning Tornados, Hail Events, and High Wind Events are in reverence to previous events as they have the potential to occur equally throughout the county. Winter Storms, Summer Heat, Drought have the potential to occur equally throughout the county and their previous events data is not represented by a map. Likewise, It is assumed that those hazard listed as having the potential to occur equally throughout the Local Mitigation Strategy will affect the area as described in each city's Landuse maps J.1-K.5 as described in section 3.6. Map A Tornado Events While the map for Tornadoes depicts historical events this hazard has the potential to occur equally throughout the county. All people and structures are equally vulnerable to Tornados. Map B Hail Events While the map for Hail Events depicts historical events this hazard has the potential to occur equally throughout the county. All people and structures are equally vulnerable to Hail Events. Map C Reported Wind Events 1955-2007 While the map for Wind Events depicts historical events this hazard has the potential to occur equally throughout the county. All people and structures are equally vulnerable to Wind Events. Map D Wildland Fire Potential The Wildland Fire map is divided by quadrants for feasibility. The shaded areas depict the locations of known areas of high vegetative and agriculture lands and areas of known Wildland fire urban interface. This map was developed by Denton County. Map E FEMA Flood Zones Map E.1 City of Corinth FEMA Q3 Flood Zones Map E.2 City of Denton FEMA Q3 Flood Zones Map E.3 City of The Colony FEMA Q3 Flood Zones Map EA Denton County FEMA Q3 Flood Zones Map E.5 City of Lewisville FEMA Q3 Flood Zones Map F Earthquake The Earthquake Fault Line Map shows the inactive fault that has no historical record of an event in Denton County since 1950. (The Earthquake that occurred in 1985 was not located on the Fault Line) Map G Dams Map G.1 Clear Creek WS SCS Site 53 Dam Map G.2 Clear Creek WS SCS Site 51 Dam Map G.3 Ray Roberts Dam Map GA Twin Lakes No 1 Dam & Twin Lakes No 2 Dam Map G.5 Hickory Creek WS SCS Site 17A Dam Map G.6 Hickory Creek WS SCS Site 16 Dam Map G.7 Deussen Reservoir Dam Map G.8 Unicorn Lake Dam Map G.9 Lake Sharon Dam Map G.10 Lewisville Dam The Dam Maps depict High Risk Dams with an overlay of FEMA Q3 Flood Zones. It is recognized that in a Dam Failure event the inundation zone would not be the same as a Flood Zone as it would exceed the identified Flood Zone area. At this time there is a data limitation and Mitigation Action Items have been identified for further assessment. 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EV S L- I a p ~ IL ~ e3° r. -14 C O N CO co C w o v _ o _ co co co u O = M ~ v O~ ~ W o 0 _ 0 a 0 LO G) W O W _ JIL f p 1 1 F 9! c' L,l 3 u _ y ~4 d r ' W J~-g cl Ei `'mac}t e 0, w' -04 g `d c~ t V ~Y f i w.~ C N N a = V' U c z o v co co co u i p C C'1 0 0 o m a W o o r LO W O w - 0 a 'o w w w Z w w 0 l `t r ` \ C O N E co >4 co C w ° v E Co ° _ _ c o co co 0 = M ) o y O O o o ° 01 a W o 0 o a` •Q) w W ° - N ,l r ! W r l LL" yg„ / ~L t. ~ s I II y ~ I ~ C N a) > Co W o - - U c z ° v - co co co u 0) Lu i 0 CD CD Q _ Z O LO o W = G) rn W O z - LL N << ti ~ ~ ~h r I 1 of Ilk, W Q , O y N a = - 0 0 0 W d V' U c z - Q - c co co T = - C C/) ol G M O c CY O O of = a a U o 0 o v Z r Ln G W - w0N Po n_ -i LL a 0 J U.1 J 3.3 Extent Natural Hazards are judged on specific extent scales. The following are the known extent scales for the natural hazards addressed in the Denton County LMS. Tornado Fujita Scale F-Scale Intensity Wind Speed . Damage Number Phrase On February 1, 2007, the Fujita scale was decommissioned in favor of the more accurate Enhanced Fujita Scale, which replaces it. None of the tornadoes recorded on or before January 31, 2007 will be re-categorized. Therefore maintaining the Fujita scale will be necessary when referring to previous events. North Central Texas Council of Governments Regional Mitigation Strategy Enhanced Fujita Scale Enhanced Wind Speed Potential Damage • Category i The Enhanced Fujita Scale is representative of the damage from tornadoes this community has faced in the past and will no doubt face in the future. The Enhanced Fujita Scale allows planners to prepare and mitigate future potential damage by assessing the historical nature of tornados in the planning community. For example, in 1991 and EF2 tornado occurred in Denton. The tornado caused $250,000 worth of property damage. Denton County ® Chapter Three Combined NOAA/TORRO Hailstorm Intensity Scales Typical Size Intensity Hail Approximate Typical Damage Impacts Code Category Diameter Size (inche The Hailstorm Intensity Scale is representative of the damage from hail storms this community has experienced in the past and will likely experience in the future. The Hailstorm Intensity Scale allows planners to gauge past damage and mitigate for future expected damage. For example according to the National Climatic Data Center, there has been one storm since 1966 at the H10 ranking. In 1996, 4.5 inch (softball size) hail caused $100,000 of property damage in the City of Lewisville. North Central Texas Council of Governments Regional Mitigation Strategy Earthquake: rcalll/ lchtr Scale Comparison Mercalli Richter Scale Scale Masonry A: Good workmanship, mortar, and design; reinforced, especially laterally, and bound together by using steel, concrete, etc.; designed to resist lateral forces. Masonry 8: Good workmanship and mortar, reinforced, but not designed in detail to resist lateral forces. Masonry C: Ordinary workmanship and mortar, no extreme weaknesses like failing to tie in at corners, but neither reinforced nor designed against horizontal forces. Masonry D: Weak materials, such as adobe; poor mortar, low standards of workmanship; weak horizontally. Source: http://www.abag.ca.qov/bayarea/egmaps/doc/mmigif/mlO.html The Mercalli/Richter Scale allows planners to assess the impact Earthquakes have. A magnitude 3.3 earthquake occurred on Denton County/Cooke County border in 1985 and was felt by residents in the Cooke County towns of Valley View and Pilot Point. Denton County ® Chapter Three Beaufort Wind Scale Wind WIVIO Appearance of Wind Effects Force (Knots) • On the Water On Land The Beaufort Wind Scale is representative of the damage from high winds this community may endure. The Beaufort Wind Scale allows planners in the community to assess historical data and mitigate for future high wind storms. In 2003 the City of Corinth experienced Force 10 (52 knots) winds that blew down trees and fences and caused $5,000 worth of damage. North Central Texas Council of Governments Regional Mitigation Strategy Wind Chill Wind Chill temperature you have undoubtedly heard of is simply a measure of how cold the wind makes real air temperature feel to the human body. Since wind can dramatically accelerate heat loss from the body, a blustery 30° day would feel just as cold as a calm day with 0° temperatures. The index was created in 1870, and on November 1, 2001, the National Weather Service released a more scientifically accurate equation, which we use today. Here is a chart for calculating wind chill. (Please note that it is not applicable in calm winds or when the temperature is over 50°.) Wind Chill Chart 36 31 25 19 13 7 1 -5 -11 -16 • 34 27 21 is 9 3 -4 -10 -16 32 25 19 13 C © -7 -13 u~u~ 7 30 24 17 1 1 4 -2 -9 -15 29 23 16 9 3 -4 -17 E 28 22 15 8 1 -.5 -12. 28 21 14 7 0 -7 -14 r E ?7 20 13 C -1 -8 -15 ~yv 26 29 12 5 -2 -9 -16 • 20 19 12 4 -3 -10 -17 25 18 11 4 -3 -11 . E. 2.5 1 7 10 3 -4 -11 Source: National Weather Service and NOAA The Wind Chill Chart displays the Frostbite Times in regards to Temperature and Wind. This chart allows the communities to prepare for Severe Winter Storm or an Ice event. These events are infrequent but can cause damage. The primary areas of concern are on bridges and roadways. For example, in April 1997 extreme cold was recorded county-wide in Denton County. The freeze caused up to 75-90 percent loss in several agricultural crops. Denton County ® Chapter Three p, e -1 ---e He / He~ a lex Relative humidity (percent) 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 140 Extreme Danger [1301F or higher]. 135 Heatstroke or sunstroke likely. ❑ Danger (105 - 1291F). 130 Sunstroke, muscle cramps, and/or heat exhaustion likely. Heatstroke possible with prolonged 125 exposure and. or physical activity. Extreme Caution (90 - 105'-'F). L 120 Sunstroke, muscle cramps, arid.'or heat exhaustion poSSSible with i 115 103 prulnnyrd ~xi ii,Aii ~ iod;'or 7 ph'v'. al ~irlivil%,. 110 99 102 I atigrle pc-s~itjle with prolonged CL ~XVIC-ure ilId , OF pl •ySi_al activ 105 95 97100 102 1 H 100 91 93 95 97 99 101 104 95 87 8 90 91 93 94 96 98 101104 90 83 84 85 86 87 88 90 91 93 95 96 98 100 102 85 78 79 80 81 82 83 84 85 86 87 88 89 90 91 93 95 97 99 102 80 73 74 75 76 77 77 78 79 79 80 81 81 82 83 85 86 86 87 88 89 91 75 69 69 70 71 72 72 73 73 74 74 75 75 76 76 77 77 78 78 79 79 80 Copyright 2000, Oklahoma Climetological Survey. Source: http://www.ima.army.mil/southwest/sites/divisions/Safety/Heat%201ndex.gif The Heat Index chart displays the relative danger in regards to Air Temperature and Relative Humidity. Extreme Heat is a hazard this community has faced in the past and will no doubt face in future summertime seasons and the combination of high temperatures and high humidity's prompt Heat Advisory's. This chart allows communities to assess the citizen's danger in regards to Heat Index. For example, extreme heat was recorded in Denton County in July 1998. The heat caused 32 fatalities. North Central Texas Council of Governments Regional Mitigation Strategy Drought In 1965, Palmer developed an index to "measure the departure of the moisture supply". Palmer based his index on the supply-and-demand concept of the water balance equation, taking into account more than only the precipitation deficit at specific locations. The objective of the Palmer Drought Severity Index (PDSI), as this index is now called, was to provide a measurement of moisture conditions that were "standardized" so that comparisons using the index could be made between locations and between months. The Palmer Drought Index is based on precipitation and temperature. The Palmer index can therefore be applied to any site for which sufficient precipitation and temperature data is available. The Palmer Index varies roughly between -4.0 and +4.0. Weekly Palmer Index values are calculated for the Climate Divisions during every growing season and are on the World Wide Web from the Climate Prediction Center. PD • for Dry and Wet Periods llllllllllllllllllllllllllllllllllllllll~i OIVII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Source: http://drought.unl.edu/whatis/indices.htm Drought conditions do occur in this community. The PDSI Classification allows community planners to anticipate the effects of Drought and plan preparedness and mitigation activities for future events as they will likely occur. The last event of widespread drought was in 2006. Denton County ® Chapter Three Wildfire Keetch-Byrarn Drought Index KBDI Fire Potential Source: http://www.tamu.edu/ticc/KBDI%2OFact%20Sheet.df The index scale ranges from 0 to 800 and represents moisture deficiency in hundredths of an inch. This chart allows communities to assess when they are at a heightened danger for a wildfire by looking at indicators of moisture deficiency in the soil. According to the National Climatic Data Center there has been on wildfire event. In 1996 a wildfire occurred in Denton County beginning in the City of Justin which destroyed 15 homes across several jurisdictions. While none of these jurisdictions are in the DeLMS planning area, by assessing surrounding events emergency managers can prepare for future events. North Central Texas Council of Governments Regional Mitigation Strategy Fi, Danger Basic • Detailed Description Description cri Fuels do not ignite readily from small firebrands. CLASS 1: Low Danger (L) fires not easily Fires in open or cured grassland may burn freely a COLOR CODE: Green started few hours after rain, but wood fires spread slowly by creeping or smoldering and burn in irregular fingers. There is little danger of spotting. Fires can start from most accidental causes. Fires in open cured grassland will burn briskly and spread rapidly on windy days. Woods fires spread slowly to CLASS 2: Moderate fires start easily moderately fast. The average fire is of moderate Danger • and spread at a intensity, although heavy concentrations of fuel - CODE: Blue moderate rate especially draped fuel may burn hot. Short- distance spotting may occur, but is not persistent. Fires are not likely to become serious and control is relatively easy. All fine dead fuels ignite readily and fires start easily from most causes. Unattended brush and campfires CLASS 3: High Danger fires start easily are likely to escape. Fires spread rapidly and short- (H) COLOR CODE: and spread at a distance spotting is common. High intensity burning Yellow rapid rate may develop on slopes or in concentrations of fine fuel. Fires may become serious and their control difficult, unless they are hit hard and fast while small. Fires start easily from all causes and immediately after ignition, spread rapidly and increase quickly in fires start very intensity. Spot fires are a constant danger. Fires CLASS 4: Very High easily and burning in light fuels may quickly develop high- Danger (VH) COLOR spread at intensity characteristics - such as long-distance CODE: Orange a very spotting - and fire whirlwinds, when they burn into fast rate heavier fuels. Direct attack at the head of such fires is rarely possible after they have been burning more than a few minutes. Fires under extreme conditions start quickly, spread furiously and burn intensely. All fires are potentially serious. Development into high-intensity burning will fire situation is usually be faster and occur from smaller fires than explosive and in the Very High Danger class (4). Direct attack is CLASS 5: Extrenie (E) can result in rarely possible and may be dangerous, except COLOR CODE: Red extensive immediately after ignition. Fires that develop property headway in heavy slash or in conifer stands may be damage unmanageable while the extreme burning condition lasts. Under these conditions, the only effective and safe control action is on the flanks, until the weather changes or the fuel supply lessens. Denton County ® Chapter Three Fled Zones The 1 00-year or Base Floodplain. There are six types of A zones: Flood hazard areas are identified as a Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. SFHAs are labeled as Zone A, Zone V, and Zone VE, Moderate flood hazard areas, labeled Zone B or Zone X are the areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2-percent-annual-chance flood, are defined as Zone C or Zone X. These flood zone identifications allow planners to determine appropriate Landuse in designated zones. The planning communities are participants in the National Flood Insurance Program and actively take measures to plan Landuse. The communities are subject to flash flooding hazards such as the event in 2007 in the City of Denton which resulted in $2 million worth of property damage. North Central Texas Council of Governments Regional Mitigation Strategy Having identified the extent scales by which hazards are ranked, the participating jurisdictions have utilized the following definitions to determine the expected extent/severity for their planning area. High Medium Low Denton County ® Chapter Three The following are the High, Medium, Low rankings for each of the related extent scales. Unincorporated Denton Corinth Lewisville The Colony North Central Texas Council of Governments Regional Mitigation Strategy 3.4 Occurrence The following tables list the previous events data according to the National Climatic Data Center reported in Denton County, Texas. For those hazards which have the potential to affect the county equally all data provided by the National Climatic Data Center has been included. The belief is that hazards do not stay within jurisdictional boundaries and thus it is important to be aware of occurrences that have impacted neighboring jurisdictions to further assess the DeLMS participating jurisdictions' risks. All previous events data was gathered from the National Climatic Data Center at ttp://www4. ncdc. noaa.gov/cgi-win/wwcgi.dll?wweventh-storms am Failure There is no recorded information or known history of previous occurrence/history of Dam Failure within Denton County. Earthquake There is one known earthquake occurring in the northern Denton County/Cooke County border close to the city of Valley View and Pilot Point (both located in Cooke County). This event occurred on September 18, 1985 measuring 3.3 on the Mercalli/Richter Scale. There is no other known history of previous occurrence/history of earthquakes in Denton County. Denton County ® Chapter Three 23 DROUGHT event(s) were reported in Denton County, Texas between 1996 and 2007 Ma Magnitude the Deaths Inj: Injuries Fir : Property Damage Cr : Crop Damage County 8/1/1996 12:00 Drought N/A 0 0 0 0 Wide AM County 7/1/1998 12:00 Drought N/A 0 0 0 OK Wide AM County 8/1/2000 12:00 Drought N/A 0 0 0 0 Wide AM County 9/1/2000 12:00 Drought N/A 0 0 0 0 Wide AM County 5/1/2005 12:00 Drought N/A 0 0 0 60.OM Wide AM County 6/1/2005 12:00 Drought N/A 0 0 0 60.OM Wide AM County 7/1/2005 12:00 Drought N/A 0 0 0 60.OM Wide AM County 8/1/2005 12:00 Drought N/A 0 0 0 60.OM Wide AM County 9/1/2005 12:00 Drought N/A 0 0 0 60.OM Wide AM County 10/1/2005 12:00 Drought N/A 0 0 0 60.OM Wide AM County 11/1/2005 12:00 Drought N/A 0 0 0 120.0 Wide AM M County 12/1/2005 12:00 Drought N/A 0 0 0 120.0 Wide AM M County 1/1/2006 12:00 Drought N/A 0 0 0 1.013 Wide AM County 2/1/2006 12:00 Drought N/A 0 0 0 300.0 Wide AM M County 3/1/2006 12:00 Drought N/A 0 0 0 200.0 Wide AM M County 4/1/2006 12:00 Drought N/A 0 0 100.0M 0 Wide AM County 5/1/2006 12:00 Drought N/A 0 0 0 100.0 Wide AM M County 6/6/2006 12:00 Drought N/A 0 0 0 100.0 Wide AM M County 7/1/2006 12:00 Drought N/A 0 0 0 100.0 Wide AM M County 8/1/2006 12:00 Drought N/A 0 0 0 100.0 Wide AM M North Central Texas Council of Governments Regional Mitigation Strategy County 9/1/2006 12:00 Drought N/A 0 0 0 80.0M Wide AM County 10/1/2006 12:00 Drought N/A 0 0 16.OM 16.OM Wide AM County 11/1/2006 12:00 Drought N/A 0 0 OK 36.8M Wide AM 116.000 TOTALS: 0 0 M 2.6336 Denton County ® Chapter Three 75 FLOOD event(s) were reported in Denton County, Texas between 1993 and 2007. Ma Magnitude the Deaths Inj: Injuries Fir : Property Damage Cr : Crop Damage North- 9/13/1993 815 Flash N/A 0 0 50K 0 northeast Flood To Ne Sanger 10/19/1993 400 Flash N/A 0 0 0 0 Flood Pilot Point 10/19/1993 646 Flash N/A 0 0 0 0 Flood Justin 10/19/1993 1950 Flash N/A 0 0 0 0 Flood County 10/19/1993 2330 Flash N/A 0 0 0 0 Wide Flood Aubrey 5/12/1994 2315 Flash N/A 0 0 0 0 Flooding County 5/13/1994 30 Flash N/A 0 0 0 0 Wide Flooding County 5/13/1994 525 Flash N/A 0 0 0 0 Wide Flooding County 5/13/1994 525 Flash N/A 0 0 0 0 Wide Flooding Justin 5/13/1994 700 Flash N/A 0 0 0 0 Flooding County 6/11/1994 1335 Flash N/A 0 0 0 0 Wide Flooding Flower 7/10/1994 1950 Flash N/A 0 0 0 0 Mound Flooding Corinth 7/10/1994 2000 Flash N/A 0 0 500K 0 Flooding Lewisville 7/10/1994 2000 Flash N/A 0 0 50K 0 Flooding County 7/10/1994 2012 Flash N/A 0 0 50K 0 Wide Flooding Pilot Point 7/10/1994 2012 Flash N/A 0 0 50K 0 Flooding County 7/14/1994 2030 Flash N/A 0 0 0 0 Wide Flooding Krum 7/14/1994 2125 Flash N/A 0 0 0 0 Flooding County 7/14/1994 2315 Flash N/A 0 0 0 0 Wide Flooding North Central Texas Council of Governments Regional Mitigation Strategy Aubrey 7/15/1994 220 Flash N/A 0 0 0 0 Flooding County 7/15/1994 220 Flash N/A 0 0 0 0 Wide Flooding Ponder 7/15/1994 220 Flash N/A 0 0 0 0 Flooding Lewisville 9/2/1994 1330 Flash N/A 0 0 0 0 Flooding County 9/2/1994 1335 Flash N/A 0 0 0 0 Wide Flooding County 10/7/1994 1300 Flash N/A 0 0 0 0 Wide Flooding County 10/21/1994 755 Flash N/A 0 0 0 0 Wide Flooding County 11/14/1994 1840 Flash N/A 0 0 0 0 Wide Flooding County 4/10/1995 1147 Flash N/A 0 0 0 0 Wide Flooding County 5/5/1995 1900 Flash N/A 0 0 0 0 Wide Flood Roanoke 5/8/1995 122 Flash N/A 0 0 0 0 Flood Countywide 5/25/1995 1635 Flash N/A 0 0 0 0 Flood Krum 10/28/1996 8:30 AM Flash N/A 0 0 0 0 Flood County 10/28/1996 9:00 AM Flash N/A 0 0 0 0 Wide Flood County 11/6/1996 8:39 PM Flash N/A 0 0 0 0 Wide Flood County 11/6/1996 10:38 PM Flash N/A 0 0 0 0 Wide Flood County 11/7/1996 2:35 AM Flash N/A 0 0 30K 0 Wide Flood Argyle 11/23/1996 11:34 PM Flash N/A 0 0 0 0 Flood County 11/24/1996 12:30 AM Flash N/A 0 0 0 0 Wide Flood County 11/24/1996 12:30 AM Flash N/A 3 0 0 0 Wide Flood County 2/12/1997 6:12 PM Flash N/A 0 0 0 0 Wide Flood Justin 2/19/1997 7:30 PM Flash N/A 1 0 0 0 Flood County 2/19/1997 9:05 PM Flash N/A 0 0 0 0 Wide Flood Justin 5/8/1997 11:30 PM Flash N/A 0 0 0 0 Flood Roanoke 5/9/1997 3:00 AM Flash N/A 0 0 0 0 Flood Lewisville 5/19/1997 6:08 PM Flash N/A 0 0 0 0 Flood County 5/19/1997 7:28 PM Flash N/A 0 0 0 0 Wide Flood Denton County ® Chapter Three Lewisville 5/19/1997 8:18 PM Flash N/A 0 0 0 0 Flood County 6/16/1997 8:54 PM Flash N/A 0 0 0 0 Wide Flood Countywide 3/16/1998 6:40 AM Flash N/A 0 0 0 0 Flood County 10/2/1998 11:00 AM Flash N/A 0 0 0 0 Wide Flood County 1/29/1999 9:00 AM Flash N/A 0 0 0 0 Wide Flood Hartlee Arpt County 4/3/1999 8:40 AM Flash N/A 0 0 0 0 Wide Flood Ponder 4/30/2000 10:13 PM Flash N/A 0 0 0 0 Flood County 6/27/2000 8:00 PM Flash N/A 0 0 0 0 Wide Flood County 2/16/2001 9:00 AM Flash N/A 0 0 0 0 Wide Flood County 2/23/2001 6:00 PM Flash N/A 0 0 0 0 Wide Flood Sanger 3/11/2001 1:40 AM Flash N/A 0 0 0 0 Flood Little Elm 5/5/2001 11:30 PM Flash N/A 0 0 0 0 Flood County 5/6/2001 12:45 AM Flash N/A 0 0 0 0 Wide Flood Countywide 3/19/2002 5:00 PM Flash N/A 0 0 0 0 Flood Lewisville 4/7/2002 4:10 PM Flash N/A 0 0 0 0 Flood Little Elm 4/7/2002 7:55 PM Flash N/A 0 0 0 0 Flood Justin 6/6/2004 4:45 PM Flash N/A 0 0 0 0 Flood Pilot Pt 6/6/2004 8:00 PM Flash N/A 0 0 15K 0 Flood Sanger 6/6/2004 8:10 PM Flash N/A 0 0 0 0 Flood Sanger 6/6/2004 8:30 PM Flash N/A 0 0 0 0 Flood County 6/9/2004 3:05 AM Flash N/A 0 0 0 0 Wide Flood County 10/4/2004 7:00 AM Flash N/A 0 0 0 0 Wide Flood County 11/22/2004 3:35 PM Flash N/A 0 0 0 0 Wide Flood Countywide 1/3/2005 1:30 PM Flash N/A 0 0 0 0 Flood Krum 4/10/2005 5:30 PM Flash N/A 0 0 0 0 Flood County 6/13/2005 9:44 PM Flood N/A 0 0 0 0 Wide Justin 3/19/2006 6:09 PM Flash N/A 0 0 0 0 Flood North Central Texas Council of Governments Regional Mitigation Strategy County 3/13/2007 3:15 PM Flash N/A 0 0 OK OK Wide Flood County 3/30/2007 8:00 PM Flash N/A 0 0 OK OK Wide Flood TOTALS: 4 0 745K 0 Denton County ® Chapter Three 47 HAIL event(s) were reported in Denton County, Texas between 1950 and 2007. Mag: Magnitude the Deaths Inj: Injuries Fir : Property Damage Cr : Crop Damage County 4/6/1955 440 Hail 1.50 in. 0 0 0 0 Wide County 4/27/1955 1700 Hail 1.75 in. 0 0 0 0 Wide County 4/2/1958 2000 Hail 1.00 in. 0 0 0 0 Wide County 4/21/1958 1620 Hail 1.00 in. 0 0 0 0 Wide County 5/4/1960 2005 Hail 2.00 in. 0 0 0 0 Wide County 5/27/1963 1600 Hail 1.75 in. 0 0 0 0 Wide County 4/27/1966 2040 Hail 0.00 in. 0 0 0 0 Wide County 5/20/1966 2100 Hail 0.00 in. 0 0 0 0 Wide County 5/30/1967 2000 Hail 1.00 in. 0 0 0 0 Wide County 5/16/1968 2145 Hail 1.75 in. 0 0 0 0 Wide County 5/16/1968 2330 Hail 1.75 in. 0 0 0 0 Wide County 5/23/1971 1653 Hail 1.75 in. 0 0 0 0 Wide County 11/12/1972 2115 Hail 1.00 in. 0 0 0 0 Wide County 4/21/1974 2115 Hail 1.00 in. 0 0 0 0 Wide County 5/26/1976 1600 Hail 1.75 in. 0 0 0 0 Wide County 7/18/1976 2015 Hail 3.50 in. 0 0 0 0 Wide County 3/2/1977 2000 Hail 1.00 in. 0 0 0 0 Wide County 3/2/1977 2200 Hail 0.75 in. 0 0 0 0 Wide County 4/22/1978 1710 Hail 1.75 in. 0 0 0 0 Wide County 4/29/1978 1815 Hail 1.75 in. 0 0 0 0 Wide County 2/22/1979 1940 Hail 1.75 in. 0 0 0 0 Wide County 5/1/1979 2130 Hail 2.00 in. 0 0 0 0 Wide County 10/23/1980 1800 Hail 1.75 in. 0 0 0 0 Wide North Central Texas Council of Governments Regional Mitigation Strategy County 5/17/1981 1740 Hail 1.75 in. 0 0 0 0 Wide County 4/16/1982 1525 Hail 1.00 in. 0 0 0 0 Wide County 4/16/1982 1655 Hail 1.00 in. 0 0 0 0 Wide County 5/23/1982 2054 Hail 1.75 in. 0 0 0 0 Wide County 11/22/1982 1530 Hail 1.00 in. 0 0 0 0 Wide County 11/22/1982 1540 Hail 1.00 in. 0 0 0 0 Wide County 4/1/1983 1110 Hail 1.00 in. 0 0 0 0 Wide County 11/19/1983 1345 Hail 1.25 in. 0 0 0 0 Wide County 11/22/1983 1345 Hail 1.25 in. 0 0 0 0 Wide County 2/11/1984 1530 Hail 0.75 in. 0 0 0 0 Wide County 2/26/1984 1730 Hail 0.75 in. 0 0 0 0 Wide County 3/18/1984 1628 Hail 1.75 in. 0 0 0 0 Wide County 3/18/1984 1650 Hail 1.75 in. 0 0 0 0 Wide County 3/18/1984 1745 Hail 1.75 in. 0 0 0 0 Wide County 3/27/1984 1600 Hail 1.75 in. 0 0 0 0 Wide County 3/27/1984 1600 Hail 1.75 in. 0 0 0 0 Wide County 4/20/1984 1725 Hail 2.50 in. 0 0 0 0 Wide County 4/20/1984 1940 Hail 0.75 in. 0 0 0 0 Wide County 4/29/1985 2036 Hail 0.75 in. 0 0 0 0 Wide County 3/11/1986 1802 Hail 0.75 in. 0 0 0 0 Wide County 3/11/1986 1810 Hail 1.00 in. 0 0 0 0 Wide County 4/3/1986 1940 Hail 0.75 in. 0 0 0 0 Wide County 4/11/1986 2345 Hail 1.00 in. 0 0 0 0 Wide County 4/12/1986 10 Hail 2.75 in. 0 0 0 0 Wide County 4/12/1986 12 Hail 2.75 in. 0 0 0 0 Wide County 4/19/1986 1300 Hail 1.75 in. 0 0 0 0 Wide County 4/19/1986 1320 Hail 2.00 in. 0 0 0 0 Wide County 4/19/1986 1320 Hail 3.00 in. 0 0 0 0 Wide Denton County ® Chapter Three County 5/24/1986 940 Hail 0.75 in. 0 0 0 0 Wide County 5/24/1986 1020 Hail 1.75 in. 0 0 0 0 Wide County 5/24/1986 1108 Hail 1.00 in. 0 0 0 0 Wide County 5/24/1986 1130 Hail 1.75 in. 0 0 0 0 Wide County 2/14/1987 2120 Hail 0.75 in. 0 0 0 0 Wide County 5/3/1987 2010 Hail 0.75 in. 0 0 0 0 Wide County 5/3/1987 2045 Hail 0.75 in. 0 0 0 0 Wide County 6/23/1987 1909 Hail 1.75 in. 0 0 0 0 Wide County 6/23/1987 1950 Hail 0.88 in. 0 0 0 0 Wide County 11/15/1988 1440 Hail 1.75 in. 0 0 0 0 Wide County 11/15/1988 1455 Hail 1.75 in. 0 0 0 0 Wide County 11/25/1988 1642 Hail 0.88 in. 0 0 0 0 Wide County 11/25/1988 1700 Hail 0.75 in. 0 0 0 0 Wide County 4/28/1989 2035 Hail 0.75 in. 0 0 0 0 Wide County 4/28/1989 2100 Hail 1.00 in. 0 0 0 0 Wide County 5/1/1989 13 Hail 0.75 in. 0 0 0 0 Wide County 5/7/1989 355 Hail 1.75 in. 0 0 0 0 Wide County 6/7/1989 443 Hail 1.75 in. 0 0 0 0 Wide County 7/2/1989 1818 Hail 0.75 in. 0 0 0 0 Wide County 7/2/1989 1825 Hail 1.00 in. 0 0 0 0 Wide County 4/5/1990 1655 Hail 1.75 in. 0 0 0 0 Wide County 4/14/1990 125 Hail 0.75 in. 0 0 0 0 Wide County 4/15/1990 2134 Hail 1.00 in. 0 0 0 0 Wide County 4/15/1990 2140 Hail 0.75 in. 0 0 0 0 Wide County 4/21/1990 1610 Hail 0.75 in. 0 0 0 0 Wide County 5/29/1990 2325 Hail 0.75 in. 0 0 0 0 Wide County 6/1/1990 2114 Hail 0.88 in. 0 0 0 0 Wide County 4/28/1991 1230 Hail 0.75 in. 0 0 0 0 Wide North Central Texas Council of Governments Regional Mitigation Strategy County 6/22/1991 1856 Hail 1.00 in. 0 0 0 0 Wide County 3/4/1992 1825 Hail 0.88 in. 0 0 0 0 Wide County 3/8/1992 2307 Hail 0.75 in. 0 0 0 0 Wide County 4/12/1992 430 Hail 1.75 in. 0 0 0 0 Wide County 4/28/1992 2055 Hail 0.75 in. 0 0 0 0 Wide County 4/28/1992 2125 Hail 1.50 in. 0 0 0 0 Wide County 4/28/1992 2157 Hail 1.00 in. 0 0 0 0 Wide County 5/14/1992 912 Hail 1.75 in. 0 0 0 0 Wide County 6/1/1992 1655 Hail 0.75 in. 0 0 0 0 Wide County 6/1/1992 1730 Hail 1.00 in. 0 0 0 0 Wide County 6/6/1992 115 Hail 0.75 in. 0 0 0 0 Wide County 8/2/1992 1651 Hail 1.00 in. 0 0 0 0 Wide County 8/2/1992 1706 Hail 1.75 in. 0 0 0 0 Wide County 10/15/1992 1845 Hail 0.88 in. 0 0 0 0 Wide County 10/31/1992 1900 Hail 0.75 in. 0 0 0 0 Wide Ponder 4/25/1994 1640 Hail 0.75 in. 0 0 0 0 Krum 4/25/1994 1645 Hail 0.88 in. 0 0 0 0 Ponder 4/25/1994 1652 Hail 0.88 in. 0 0 0 0 Justin 4/25/1994 1655 Hail 1.00 in. 0 0 0 0 Ponder 4/25/1994 1655 Hail 1.00 in. 0 0 0 0 Denton 4/25/1994 1715 Hail 1.75 in. 0 0 0 0 Lake 4/25/1994 1722 Hail 1.75 in. 0 0 0 0 Grapevine County 4/25/1994 1732 Hail 0.88 in. 0 0 0 0 Wide Hickory 4/25/1994 1738 Hail 0.75 in. 0 0 0 0 Creek Roanoke 4/29/1994 5 Hail 0.75 in. 0 0 0 0 Krum 7/12/1994 1838 Hail 0.75 in. 0 0 0 0 Little Elm 7/12/1994 1935 Hail 0.75 in. 0 0 0 0 Sanger 8/7/1994 1707 Hail 1.75 in. 0 0 0 0 County 4/17/1995 2030 Hail 0.88 in. 0 0 0 0 Wide Ponder 4/17/1995 2035 Hail 1.00 in. 0 0 0 0 Sanger 4/19/1995 1950 Hail 1.75 in. 0 0 25K 0 Justin 4/26/1995 1810 Hail 1.00 in. 0 0 0 0 Bolivar 4/29/1995 1750 Hail 0.88 in. 0 0 0 0 Bolivar 4/29/1995 1834 Hail 0.75 in. 0 0 0 0 Denton 4/29/1995 1834 Hail 0.75 in. 0 0 0 0 Denton County ® m Chapter Three Sanger 4/29/1995 1834 Hail 0.75 in. 0 0 0 0 County 4/29/1995 1855 Hail 0.88 in. 0 0 0 0 Wide Denton 4/29/1995 1912 Hail 1.25 in. 0 0 0 0 Airport Lewisville 4/29/1995 1942 Hail 1.75 in. 0 0 0 0 Lewisville 4/29/1995 1949 Hail 1.75 in. 0 0 0 0 Lewisville 4/29/1995 2130 Hail 0.75 in. 0 0 0 0 Joshua 8/20/1995 1738 Hail 0.75 in. 0 0 0 0 Little Elm 3/17/1996 11:59 PM Hail 0.75 in. 0 0 0 0 Lewisville 3/24/1996 2:50 PM Hail 0.75 in. 0 0 0 0 Little Elm 4/4/1996 12:50 AM Hail 0.75 in. 0 0 0 0 Roanoke 4/12/1996 3:50 PM Hail 0.75 in. 0 0 0 0 Bartonville 4/12/1996 4:11 PM Hail 0.75 in. 0 0 0 0 Lake 4/12/1996 4:15 PM Hail 0.75 in. 0 0 0 0 Dallas Lewisville 4/12/1996 4:38 PM Hail 1.00 in. 0 0 0 0 Roanoke 4/12/1996 4:58 PM Hail 1.00 in. 0 0 0 0 Lewisville 4/12/1996 10:59 AM Hail 0.75 in. 0 0 0 0 County 4/13/1996 8:45 PM Hail 0.75 in. 0 0 0 0 Wide Bolivar 4/13/1996 8:48 PM Hail 0.75 in. 0 0 0 0 Argyle 4/13/1996 8:58 PM Hail 0.88 in. 0 0 0 0 Argyle 4/13/1996 9:00 PM Hail 1.00 in. 0 0 0 0 Navo 4/13/1996 9:10 PM Hail 0.88 in. 0 0 0 0 Bolivar 5/6/1996 1:00 AM Hail 0.75 in. 0 0 0 0 Krum 5/6/1996 1:00 AM Hail 1.00 in. 0 0 0 0 Lewisville 5/27/1996 4:02 AM Hail 0.88 in. 0 0 0 0 Roanoke 6/12/1996 3:40 PM Hail 1.00 in. 0 0 0 0 Pilot Pt 6/12/1996 4:30 PM Hail 0.75 in. 0 0 0 0 County 7/23/1996 1:00 PM Hail 0.75 in. 0 0 0 0 Wide Argyle 7/23/1996 12:30 PM Hail 0.75 in. 0 0 0 0 Bolivar 8/11/1996 7:17 PM Hail 0.75 in. 0 0 0 0 County 8/11/1996 7:38 PM Hail 1.50 in. 0 0 0 0 Wide Lewisville 10/21/1996 2:20 PM Hail 4.50 in. 0 0 100K 0 Bolivar 5/30/1997 1:55 PM Hail 1.75 in. 0 0 0 0 Argyle 6/13/1997 1:12 AM Hail 0.75 in. 0 0 0 0 Krum 6/13/1997 12:10 AM Hail 0.75 in. 0 0 0 0 Justin 6/16/1997 5:59 PM Hail 0.75 in. 0 0 0 0 Roanoke 6/16/1997 6:02 PM Hail 1.00 in. 0 0 0 0 Lewisville 6/16/1997 6:20 PM Hail 0.75 in. 0 0 0 0 Lewisville 6/16/1997 6:33 PM Hail 1.00 in. 0 0 0 0 Roanoke 6/16/1997 7:15 PM Hail 0.75 in. 0 0 0 0 Justin 6/16/1997 7:50 PM Hail 1.75 in. 0 0 0 0 Krum 12/23/1997 8:30 AM Hail 1.00 in. 0 0 0 0 Roanoke 2/25/1998 5:40 PM Hail 1.00 in. 0 0 0 0 Roanoke 2/25/1998 5:50 PM Hail 0.75 in. 0 0 0 0 Roanoke 2/25/1998 5:53 PM Hail 1.75 in. 0 0 0 0 Argyle 2/25/1998 6:10 PM Hail 1.00 in. 0 0 0 0 North Central Texas Council of Governments Regional Mitigation Strategy Roanoke 2/25/1998 6:30 PM Hail 0.75 in. 0 0 0 0 Lewisville 2/25/1998 8:10 PM Hail 0.75 in. 0 0 0 0 Argyle 3/15/1998 10:10 PM Hail 1.00 in. 0 0 0 0 Sanger 4/15/1998 11:35 PM Hail 0.75 in. 0 0 0 0 County 5/8/1998 7:49 PM Hail 1.75 in. 0 0 0 0 Wide Krum 5/8/1998 7:54 PM Hail 1.75 in. 0 0 0 0 Krum 5/8/1998 7:58 PM Hail 2.50 in. 0 0 0 0 County 5/8/1998 8:10 PM Hail 2.00 in. 0 0 0 0 Wide Justin 5/8/1998 8:24 PM Hail 2.75 in. 0 0 0 0 County 5/8/1998 8:30 PM Hail 4.00 in. 0 0 0 0 Wide Little Elm 5/8/1998 8:41 PM Hail 4.00 in. 0 0 0 0 Lewisville 5/8/1998 9:00 PM Hail 1.75 in. 0 0 0 0 Lewisville 5/8/1998 9:07 PM Hail 1.00 in. 0 0 0 0 County 2/6/1999 7:38 PM Hail 0.75 in. 0 0 0 0 Wide Corinth 4/3/1999 5:20 AM Hail 0.75 in. 0 0 0 0 Little Elm 4/3/1999 5:35 AM Hail 0.75 in. 0 0 0 0 Pilot Pt 4/3/1999 5:40 AM Hail 0.75 in. 0 0 0 0 Aubrey 4/3/1999 8:12 AM Hail 0.75 in. 0 0 0 0 Aubrey 4/4/1999 3:15 PM Hail 1.75 in. 0 0 0 0 Lewisville 5/11/1999 8:05 PM Hail 0.88 in. 0 0 0 0 Argyle 5/17/1999 11:20 AM Hail 0.75 in. 0 0 0 0 Sanger 6/6/1999 2:56 PM Hail 1.75 in. 0 0 0 0 Roanoke 9/10/1999 8:10 PM Hail 1.75 in. 0 0 0 0 Lewisville 9/25/1999 5:45 PM Hail 1.75 in. 0 0 0 0 Krum 12/2/1999 11:17 PM Hail 2.75 in. 0 0 0 0 Sanger 12/2/1999 11:28 PM Hail 1.00 in. 0 0 0 0 Sanger 12/2/1999 11:30 PM Hail 0.75 in. 0 0 0 0 Lewisville 2/25/2000 10:50 PM Hail 0.88 in. 0 0 0 0 Lewisville 2/25/2000 11:07 PM Hail 0.88 in. 0 0 0 0 Justin 3/2/2000 4:39 PM Hail 1.00 in. 0 0 0 0 Argyle 3/2/2000 4:51 PM Hail 1.50 in. 0 0 0 0 Lake 3/2/2000 4:58 PM Hail 1.25 in. 0 0 0 0 Dallas Justin 3/2/2000 5:43 PM Hail 2.00 in. 0 0 0 0 Bartonville 3/2/2000 5:55 PM Hail 0.75 in. 0 0 0 0 Lewisville 3/2/2000 5:59 PM Hail 1.00 in. 0 0 0 0 Lewisville 3/2/2000 6:07 PM Hail 1.75 in. 0 0 0 0 Pilot Pt 4/1/2000 12:20 PM Hail 0.75 in. 0 0 0 0 Justin 4/15/2000 10:35 PM Hail 1.00 in. 0 0 0 0 Bolivar 5/18/2000 3:09 PM Hail 0.75 in. 0 0 0 0 Justin 5/27/2000 3:35 PM Hail 1.00 in. 0 0 0 0 Lewisville 3/11/2001 9:30 PM Hail 1.00 in. 0 0 0 0 Bartonville 5/5/2001 4:15 PM Hail 1.00 in. 0 0 0 0 Lewisville 5/6/2001 4:11 PM Hail 0.88 in. 0 0 0 0 Little Elm 5/6/2001 5:58 PM Hail 1.00 in. 0 0 0 0 Bartonville 5/6/2001 6:02 PM Hail 1.00 in. 0 0 0 0 Krum 6/14/2001 6:00 PM Hail 1.00 in. 0 0 0 0 Denton County ® Chapter Three County 6/21/2001 3:15 PM Hail 0.88 in. 0 0 0 0 Wide County 6/21/2001 3:18 PM Hail 1.50 in. 0 0 0 0 Wide Krum 10/10/2001 10:03 PM Hail 1.25 in. 0 0 0 0 County 10/10/2001 10:05 PM Hail 0.75 in. 0 0 0 0 Wide Aubrey 10/10/2001 10:26 PM Hail 0.75 in. 0 0 0 0 Aubrey 10/10/2001 10:40 PM Hail 1.00 in. 0 0 0 0 Justin 4/16/2002 4:40 PM Hail 1.75 in. 0 0 0 0 Lewisville 5/10/2002 3:15 AM Hail 0.75 in. 0 0 0 0 Aubrey 12/30/2002 12:08 PM Hail 0.75 in. 0 0 0 0 Roanoke 4/5/2003 9:23 PM Hail 1.75 in. 0 0 0 0 Roanoke 4/5/2003 9:31 PM Hail 0.88 in. 0 0 0 0 Lewisville 4/5/2003 9:45 PM Hail 1.00 in. 0 0 0 0 Argyle 4/5/2003 9:46 PM Hail 1.00 in. 0 0 0 0 Lewisville 4/5/2003 9:50 PM Hail 1.00 in. 0 0 0 0 Sanger 5/6/2003 6:47 PM Hail 0.75 in. 0 0 0 0 Krum 5/6/2003 8:23 PM Hail 0.88 in. 0 0 0 0 Ponder 5/25/2003 12:30 AM Hail 2.75 in. 0 0 0 0 Krum 5/25/2003 12:33 AM Hail 1.75 in. 0 0 0 0 Justin 7/22/2003 5:15 PM Hail 1.00 in. 0 0 0 0 Roanoke 7/22/2003 5:22 PM Hail 0.75 in. 0 0 0 0 Lewisville 8/11/2003 6:00 PM Hail 1.00 in. 0 0 0 0 Little Elm 8/12/2003 7:14 PM Hail 0.75 in. 0 0 0 0 Pilot Pt 3/20/2004 7:50 PM Hail 0.88 in. 0 0 0 0 Ponder 3/20/2004 8:16 PM Hail 0.88 in. 0 0 0 0 Argyle 4/6/2004 7:40 PM Hail 0.88 in. 0 0 0 0 Little Elm 4/9/2004 11:35 PM Hail 1.00 in. 0 0 0 0 County 4/23/2004 7:41 PM Hail 0.75 in. 0 0 0 0 Wide Ponder 6/1/2004 6:06 PM Hail 0.88 in. 0 0 0 0 Krum 6/1/2004 6:15 PM Hail 1.75 in. 0 0 0 0 Sanger 6/1/2004 6:38 PM Hail 1.00 in. 0 0 0 0 Ponder 6/6/2004 3:43 PM Hail 1.75 in. 0 0 0 0 Ponder 6/19/2004 12:15 PM Hail 0.75 in. 0 0 0 0 Lewisville 6/19/2004 12:53 PM Hail 1.00 in. 0 0 0 0 Sanger 4/10/2005 5:19 PM Hail 0.75 in. 0 0 0 0 Sanger 4/10/2005 5:48 PM Hail 1.00 in. 0 0 0 0 Ponder 5/8/2005 6:24 PM Hail 0.88 in. 0 0 0 0 Roanoke 9/15/2005 2:15 PM Hail 1.00 in. 0 0 0 0 County 9/28/2005 4:42 PM Hail 1.00 in. 0 0 0 0 Wide Ponder 4/28/2006 9:25 PM Hail 1.00 in. 0 0 0 0 Ponder 4/28/2006 9:37 PM Hail 2.75 in. 0 0 20K 0 Aubrey 8/12/2006 4:43 PM Hail 0.75 in. 0 0 0 0 Lewisville 3/13/2007 2:50 PM Hail 0.75 in. 0 0 OK OK TOTALS: 0 0 145K 0 North Central Texas Council of Governments Regional Mitigation Strategy 21 SNOW and ICE event(s) were reported in Denton County, Texas between 1950 and 2007. ..:3g: Magn.atude C e~.---s sa --ij a ses --D: : a Irea-ea `y Di.- age C---: Crc a) ®i-nage County 2/9/1994 0 Ice Storm N/A 0 0 50.OM 0 Wide County 1/6/1996 9:00 AM Heavy Snow N/A 0 0 0 0 Wide County 11/24/1996 2:00 PM Winter N/A 0 0 0 0 Wide Storm County 12/22/1998 12:00 Ice Storm N/A 6 0 0 0 Wide AM County 1/25/2000 12:00 Winter N/A 4 0 0 0 Wide AM Storm County 12/12/2000 6:00 PM Winter N/A 0 0 0 0 Wide Storm County 12/25/2000 12:00 Winter N/A 0 0 0 0 Wide AM Storm County 12/31/2000 12:00 Winter N/A 0 0 0 0 Wide AM Storm County 1/1/2001 12:00 Heavy Snow N/A 0 0 0 0 Wide AM County 11/27/2001 12:30 Ice Storm N/A 0 0 0 0 Wide PM County 2/5/2002 5:00 AM Winter N/A 0 0 0 0 Wide Storm County 3/2/2002 2:15 AM Winter N/A 0 0 0 0 Wide Storm County 2/24/2003 11:20 Winter N/A 0 0 15.OM 0 Wide AM Storm County 2/14/2004 1:00 AM Heavy Snow N/A 0 0 0 0 Wide County 12/22/2004 12:01 Winter N/A 0 0 0 0 Wide AM Weather/mix County 12/7/2005 7:00 AM Winter N/A 0 0 0 0 Wide Storm County 2/18/2006 3:30 AM Winter N/A 0 0 0 0 Wide Weather/mix County 11/29/2006 6:00 PM Winter N/A 0 0 40K OK Wide Storm County 1/13/2007 5:00 AM Ice Storm N/A 0 5 715K OK Wide County 1/17/2007 3:00 AM Winter N/A 0 0 105K OK Wide Weather County 2/1/2007 1:00 AM Winter N/A 0 0 25K OK Wide Weather TOTALS: 10 5 65.885M 0 Denton County ® Chapter Three 8 TEMPERATURE EXTREMES event(s) were reported in Denton County, Texas between 1996 and 2007. a-- x^3- twe e D-a °°s --0- Ps : ®fs`°°-nxa-7! C Crr- `hre nxa-! County 7/1/1996 12:00 AM Excessive N/A 1 0 0 0 Wide Heat County 4/12/1997 4:00 AM Extreme N/A 0 0 0 0 Wide Cold County 7/19/1997 6:00 PM Excessive N/A 2 0 0 0 Wide Heat County 7/1/1998 12:00 AM Excessive N/A 32 0 0 0 Wide Heat County 8/1/1999 12:00 AM Excessive N/A 3 0 0 0 Wide Heat County 7/1/2000 12:00 AM Excessive N/A 8 0 0 0 Wide Heat County 8/1/2000 12:00 AM Excessive N/A 5 0 0 0 Wide Heat County 9/1/2000 12:00 AM Excessive N/A 5 0 0 0 Wide Heat TOTALS: 56 0 0 0 North Central Texas Council of Governments Regional Mitigation Strategy 269 THUNDERSTORM AND HIGH WINDSS event(s) were reported in Denton County, Texas between 1950 and 2007. r" ia: v e : L, e< -l®- ° a 'es I ro e r a e Cr : Cro- r any County 4/6/1955 440 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/3/1957 513 Tstm Wind 0 kts. 0 0 0 0 Wide County 6/12/1959 115 Tstm Wind 72 kts. 0 0 0 0 Wide County 5/4/1960 2025 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/30/1961 2230 Tstm Wind 80 kts. 0 0 0 0 Wide County 7/7/1961 1925 Tstm Wind 0 kts. 0 0 0 0 Wide County 10/2/1961 245 Tstm Wind 0 kts. 0 0 0 0 Wide County 6/10/1963 2030 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/21/1964 1850 Tstm Wind 60 kts. 0 0 0 0 Wide County 5/27/1965 1845 Tstm Wind 52 kts. 0 0 0 0 Wide County 7/25/1965 1430 Tstm Wind 0 kts. 0 0 0 0 Wide County 2/9/1966 1500 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/29/1966 1700 Tstm Wind 0 kts. 0 0 0 0 Wide County 6/12/1966 1845 Tstm Wind 0 kts. 0 0 0 0 Wide County 6/12/1966 1900 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/12/1967 1900 Tstm Wind 0 kts. 0 0 0 0 Wide County 6/23/1969 1830 Tstm Wind 69 kts. 0 0 0 0 Wide County 4/25/1970 430 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/25/1970 500 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/25/1970 505 Tstm Wind 0 kts. 0 0 0 0 Wide County 2/18/1971 1430 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/23/1971 1600 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/13/1972 2100 Tstm Wind 0 kts. 0 0 0 0 Wide Denton County ® Chapter Three County 4/29/1975 1723 Tstm Wind 0 kts. 0 0 0 0 Wide County 7/29/1975 1510 Tstm Wind 0 kts. 0 0 0 0 Wide County 7/18/1976 2000 Tstm Wind 78 kts. 0 0 0 0 Wide County 9/12/1977 1600 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/2/1978 2133 Tstm Wind 0 kts. 0 0 0 0 Wide County 7/10/1979 200 Tstm Wind 0 kts. 0 0 0 0 Wide County 10/30/1979 955 Tstm Wind 0 kts. 0 0 0 0 Wide County 10/30/1979 1030 Tstm Wind 0 kts. 0 0 0 0 Wide County 9/18/1980 2040 Tstm Wind 0 kts. 0 0 0 0 Wide County 3/17/1981 1915 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/3/1981 1740 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/1/1981 120 Tstm Wind 60 kts. 0 0 0 0 Wide County 6/11/1982 1610 Tstm Wind 61 kts. 0 0 0 0 Wide County 5/14/1983 1250 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/14/1983 1325 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/22/1983 2130 Tstm Wind 61 kts. 0 0 0 0 Wide County 5/22/1983 2305 Tstm Wind 0 kts. 0 0 0 0 Wide County 6/5/1983 1915 Tstm Wind 52 kts. 0 0 0 0 Wide County 6/27/1983 2105 Tstm Wind 0 kts. 0 0 0 0 Wide County 6/27/1983 2130 Tstm Wind 0 kts. 0 0 0 0 Wide County 7/5/1983 358 Tstm Wind 52 kts. 0 0 0 0 Wide County 11/19/1983 1345 Tstm Wind 0 kts. 0 0 0 0 Wide County 11/22/1983 1345 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/20/1984 1856 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/27/1984 2040 Tstm Wind 52 kts. 0 0 0 0 Wide County 7/26/1984 1300 Tstm Wind 0 kts. 0 0 0 0 Wide County 10/20/1984 800 Tstm Wind 0 kts. 0 12 0 0 Wide County 10/20/1984 815 Tstm Wind 52 kts. 0 0 0 0 Wide North Central Texas Council of Governments Regional Mitigation Strategy County 2/23/1985 145 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/13/1985 1010 Tstm Wind 61 kts. 0 0 0 0 Wide County 7/22/1985 1520 Tstm Wind 52 kts. 0 0 0 0 Wide County 3/11/1986 1745 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/19/1986 1226 Tstm Wind 66 kts. 0 0 0 0 Wide County 5/9/1986 1825 Tstm Wind 0 kts. 0 0 0 0 Wide County 8/3/1986 1525 Tstm Wind 0 kts. 0 0 0 0 Wide County 2/14/1987 2100 Tstm Wind 52 kts. 0 0 0 0 Wide County 2/14/1987 2105 Tstm Wind 0 kts. 0 1 0 0 Wide County 2/14/1987 2145 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/14/1987 1535 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/28/1987 1650 Tstm Wind 65 kts. 0 0 0 0 Wide County 5/28/1987 1750 Tstm Wind 0 kts. 0 0 0 0 Wide County 7/2/1987 900 Tstm Wind 0 kts. 0 0 0 0 Wide County 8/5/1987 1540 Tstm Wind 52 kts. 0 0 0 0 Wide County 8/5/1988 1715 Tstm Wind 0 kts. 0 0 0 0 Wide County 9/17/1988 1720 Tstm Wind 61 kts. 0 0 0 0 Wide County 11/25/1988 1605 Tstm Wind 70 kts. 0 0 0 0 Wide County 6/4/1989 135 Tstm Wind 61 kts. 0 0 0 0 Wide County 6/4/1989 145 Tstm Wind 52 kts. 0 0 0 0 Wide County 6/4/1989 210 Tstm Wind 65 kts. 0 0 0 0 Wide County 6/13/1989 345 Tstm Wind 96 kts. 0 0 0 0 Wide County 6/13/1989 407 Tstm Wind 52 kts. 0 0 0 0 Wide County 7/2/1989 1835 Tstm Wind 0 kts. 0 0 0 0 Wide County 9/13/1989 415 Tstm Wind 0 kts. 0 0 0 0 Wide County 8/21/1990 1915 Tstm Wind 0 kts. 0 0 0 0 Wide County 10/17/1990 1600 Tstm Wind 50 kts. 0 0 0 0 Wide County 10/17/1990 1645 Tstm Wind 50 kts. 0 0 0 0 Wide Denton County ® Chapter Three County 4/11/1991 1934 Tstm Wind 78 kts. 0 0 0 0 Wide County 4/11/1991 1950 Tstm Wind 65 kts. 0 0 0 0 Wide County 4/11/1991 2000 Tstm Wind 0 kts. 0 0 0 0 Wide County 4/17/1991 1700 Tstm Wind 0 kts. 0 0 0 0 Wide County 5/4/1991 1600 Tstm Wind 52 kts. 0 0 0 0 Wide County 6/22/1991 2156 Tstm Wind 74 kts. 0 0 0 0 Wide County 9/24/1991 1145 Tstm Wind 52 kts. 0 0 0 0 Wide County 10/25/1991 2130 Tstm Wind 0 kts. 0 0 0 0 Wide County 11/19/1991 1530 Tstm Wind 0 kts. 0 0 0 0 Wide County 11/29/1991 1500 Tstm Wind 0 kts. 0 0 0 0 Wide County 3/3/1992 2300 Tstm Wind 59 kts. 0 0 0 0 Wide County 3/8/1992 2245 Tstm Wind 52 kts. 0 0 0 0 Wide County 6/6/1992 50 Tstm Wind 52 kts. 0 0 0 0 Wide County 6/6/1992 55 Tstm Wind 62 kts. 0 0 0 0 Wide County 6/20/1992 510 Tstm Wind 0 kts. 0 0 0 0 Wide County 7/16/1992 900 Tstm Wind 0 kts. 0 0 0 0 Wide County 9/2/1992 2250 Tstm Wind 0 kts. 0 0 0 0 Wide County 10/31/1992 1912 Tstm Wind 59 kts. 0 0 0 0 Wide County 11/1/1992 3 Tstm Wind 61 kts. 0 0 0 0 Wide County 11/1/1992 10 Tstm Wind 0 kts. 0 0 0 0 Wide S Portion 3/28/1993 1000 Thunderstorm N/A 0 0 50K 0 Winds County 8/24/1993 1640 Thunderstorm N/A 0 0 5K 0 Wide Winds Lake 8/24/1993 1640 Thunderstorm N/A 0 0 5K 0 Grapevine Winds Roanoke 8/24/1993 1640 Thunderstorm N/A 0 0 5K 0 Winds Sanger 8/24/1993 1655 Thunderstorm N/A 0 0 50K 0 Winds The Colony 10/18/1993 2330 Thunderstorm N/A 0 0 0 0 Winds Sanger 10/19/1993 245 Thunderstorm N/A 0 0 5K 0 Winds North Central Texas Council of Governments Regional Mitigation Strategy Carrollton 11/14/1993 245 Thunderstorm N/A 0 0 50K 0 Winds Justin 4/2/1994 1930 Thunderstorm N/A 0 0 5K 0 Winds Aubrey 5/12/1994 2315 Thunderstorm N/A 0 0 5K 0 Winds County 5/13/1994 30 Thunderstorm N/A 0 0 5K 0 Wide Winds Aubrey 5/29/1994 844 Thunderstorm N/A 0 0 0 0 Winds The Colony 5/29/1994 902 Thunderstorm N/A 0 0 0 0 Winds Krum 6/11/1994 1155 Thunderstorm N/A 0 0 0 0 Winds Krum 6/11/1994 1159 Thunderstorm N/A 0 0 0 0 Winds Krum 7/12/1994 1820 Thunderstorm N/A 0 0 0 0 Winds County 7/14/1994 1300 Thunderstorm N/A 0 0 50K 0 Wide Winds County 7/15/1994 230 Thunderstorm N/A 0 0 50K 0 Wide Winds Pilot Point 8/7/1994 1230 Thunderstorm N/A 0 0 0 0 Winds Sanger 8/20/1994 1537 Thunderstorm N/A 0 0 50K 0 Winds Aubrey 8/20/1994 1613 Thunderstorm N/A 0 0 5K 0 Winds Justin 8/20/1994 1630 Thunderstorm N/A 0 0 0 0 Winds Krum 4/10/1995 1130 Thunderstorm N/A 0 0 25K 0 Winds Sanger 4/10/1995 1153 Thunderstorm N/A 0 0 0 0 Winds Roanoke 4/17/1995 2030 Thunderstorm N/A 0 0 0 0 Winds County 4/17/1995 2035 Thunderstorm N/A 0 0 2K 0 Wide Winds Sanger 4/17/1995 2040 Thunderstorm N/A 0 0 5K 0 Winds Southern 4/17/1995 2045 Thunderstorm N/A 0 0 15K 0 County Winds Wide Argyle 4/17/1995 2100 Thunderstorm N/A 0 0 5K 0 Winds County 4/17/1995 2100 Thunderstorm N/A 0 0 0 0 Wide Winds Sanger 4/19/1995 1950 Thunderstorm N/A 0 0 3K 0 Winds Lake Worth 7/4/1995 2228 Thunderstorm N/A 0 0 0 0 Winds Denton County ® m Chapter Three Krum 7/4/1995 2240 Thunderstorm N/A 0 0 0 0 Winds Sanger 7/4/1995 2250 Thunderstorm N/A 0 0 0 0 Winds Azle 7/4/1995 2300 Thunderstorm N/A 0 0 0 0 Winds County 7/5/1995 200 Thunderstorm N/A 0 0 0 0 Wide Winds Sanger 7/5/1995 200 Thunderstorm N/A 0 0 0 0 Winds Lewisville 8/20/1995 1745 Thunderstorm N/A 0 0 20K 0 Winds Lewisville 8/20/1995 1755 Thunderstorm N/A 0 0 400K 0 Winds Krum 8/30/1995 1608 Thunderstorm N/A 0 0 0 0 Winds Sanger 3/24/1996 2:15 PM Tstm Wind 0 kts. 0 0 20K 0 Justin 4/13/1996 8:36 PM Tstm Wind 61 kts. 0 0 0 0 Roanoke 4/13/1996 8:40 PM Tstm Wind 0 kts. 0 0 65K 0 Roanoke 4/13/1996 9:00 PM Tstm Wind 0 kts. 0 0 0 0 Lewisville 4/13/1996 9:10 PM Tstm Wind 0 kts. 0 0 2K 0 Lewisville 4/13/1996 9:18 PM Tstm Wind 52 kts. 0 0 0 0 Sanger 5/6/1996 12:49 AM Tstm Wind 52 kts. 0 0 0 0 County 6/1/1996 9:45 AM Tstm Wind 52 kts. 0 0 0 0 Wide Lewisville 6/1/1996 10:20 AM Tstm Wind 52 kts. 0 0 50K 0 Ponder 6/6/1996 9:35 PM Tstm Wind 0 kts. 0 0 0 0 Justin 6/6/1996 9:50 PM Tstm Wind 52 kts. 0 0 0 0 Lewisville 6/6/1996 9:55 PM Tstm Wind 0 kts. 0 0 2K 0 Krum 7/4/1996 6:20 PM Tstm Wind 0 kts. 0 0 80K 0 Krum 7/4/1996 6:40 PM Tstm Wind 0 kts. 0 0 0 0 Lewisville 7/23/1996 1:20 PM Tstm Wind 0 kts. 0 0 50K 0 Argyle 7/23/1996 12:25 PM Tstm Wind 0 kts. 0 0 0 0 County 8/11/1996 7:30 PM Tstm Wind 52 kts. 0 0 0 0 Wide North Central Texas Council of Governments Regional Mitigation Strategy County 8/11/1996 7:30 PM Tstm Wind 61 kts. 0 0 1.OM 0 Wide County 8/11/1996 7:30 PM Tstm Wind 67 kts. 0 0 20K 0 Wide Lewisville 8/11/1996 7:40 PM Tstm Wind 0 kts. 0 0 0 0 Pilot Pt 4/4/1997 5:00 PM Tstm Wind 61 kts. 0 0 0 0 Sanger 4/11/1997 5:39 AM Tstm Wind 52 kts. 0 0 0 0 Roanoke 4/11/1997 5:40 AM Tstm Wind 61 kts. 0 0 50K 0 Lewisville 4/11/1997 5:52 AM Tstm Wind 54 kts. 0 0 0 0 Roanoke 4/20/1997 7:27 PM Tstm Wind 56 kts. 0 0 0 0 Argyle 4/20/1997 7:46 PM Tstm Wind 0 kts. 0 0 0 0 Krum 4/22/1997 2:40 AM Tstm Wind 0 kts. 0 0 75K 0 County 4/22/1997 2:50 AM Tstm Wind 0 kts. 0 0 2K 0 Wide County 4/22/1997 2:50 AM Tstm Wind 0 kts. 0 0 2.OM 0 Wide Sanger 4/22/1997 2:50 AM Tstm Wind 61 kts. 0 0 0 0 Justin 6/16/1997 5:59 PM Tstm Wind 0 kts. 0 0 0 0 Lewisville 6/16/1997 6:36 PM Tstm Wind 0 kts. 0 0 2K 0 Lewisville 6/16/1997 6:42 PM Tstm Wind 0 kts. 0 0 120K 0 Lewisville 6/16/1997 6:44 PM Tstm Wind 58 kts. 0 0 0 0 Roanoke 6/16/1997 7:00 PM Tstm Wind 0 kts. 0 0 5K 0 Roanoke 6/16/1997 7:15 PM Tstm Wind 0 kts. 0 0 0 0 Lewisville 6/22/1997 3:23 PM Tstm Wind 0 kts. 0 0 0 0 Argyle 6/22/1997 3:30 PM Tstm Wind 0 kts. 0 0 0 0 County 6/22/1997 3:40 PM Tstm Wind 0 kts. 0 0 5K 0 Wide Sanger 6/22/1997 3:50 PM Tstm Wind 0 kts. 0 0 2K 0 Pilot Pt 8/20/1997 7:15 PM Tstm Wind 0 kts. 0 0 5K 0 Aubrey 3/30/1998 5:20 PM Tstm Wind 0 kts. 0 0 30K 0 Denton County ® Chapter Three Argyle 5/8/1998 8:05 PM Tstm Wind 0 kts. 0 0 0 0 Argyle 5/8/1998 8:20 PM Tstm Wind 0 kts. 0 0 0 0 Corinth 5/8/1998 8:20 PM Tstm Wind 0 kts. 0 0 0 0 Justin 5/8/1998 8:24 PM Tstm Wind 0 kts. 0 0 0 0 County 5/8/1998 8:30 PM Tstm Wind 0 kts. 0 0 0 0 Wide Lake Dallas 5/8/1998 8:30 PM Tstm Wind 0 kts. 0 0 0 0 Lewisville 5/8/1998 8:30 PM Tstm Wind 55 kts. 0 0 0 0 Little Elm 5/8/1998 8:41 PM Tstm Wind 0 kts. 0 0 0 0 County 5/8/1998 8:49 PM Tstm Wind 0 kts. 0 0 0 0 Wide Corinth 5/8/1998 9:00 PM Tstm Wind 0 kts. 0 0 0 0 Lake Dallas 5/8/1998 9:00 PM Tstm Wind 0 kts. 0 0 0 0 Lewisville 5/8/1998 9:14 PM Tstm Wind 52 kts. 0 0 0 0 Little Elm 5/8/1998 9:14 PM Tstm Wind 0 kts. 0 0 0 0 County 6/4/1998 6:30 PM Tstm Wind 0 kts. 0 0 2K 0 Wide Corinth 6/19/1998 12:00 AM Tstm Wind 0 kts. 0 0 OK 0 Krum 11/9/1998 10:35 PM Tstm Wind 63 kts. 0 0 0 0 Krum 12/6/1998 11:00 AM Tstm Wind 59 kts. 0 0 0 0 County 2/6/1999 7:09 PM Tstm Wind 50 kts. 0 0 0 0 Wide Hartlee Arpt Lewisville 2/6/1999 7:52 PM Tstm Wind 0 kts. 0 0 2K 0 Sanger 4/3/1999 5:20 AM Tstm Wind 57 kts. 0 0 0 0 Krum 4/26/1999 7:19 AM Tstm Wind 0 kts. 0 0 2K 0 County 4/26/1999 7:30 AM Tstm Wind 76 kts. 0 0 0 0 Wide County 4/26/1999 8:20 AM Tstm Wind 0 kts. 0 0 OK 0 Wide Sanger 5/4/1999 11:58 AM Tstm Wind 0 kts. 0 0 1 K 0 North Central Texas Council of Governments Regional Mitigation Strategy Justin 5/4/1999 12:30 PM Tstm Wind 0 kts. 0 0 OK 0 Sanger 5/9/1999 11:45 PM Tstm Wind 0 kts. 0 0 OK 0 County 5/10/1999 1:00 AM Tstm Wind 0 kts. 0 0 5K 0 Wide Ponder 6/1/1999 5:50 PM Tstm Wind 0 kts. 0 0 1K 0 Roanoke 9/10/1999 8:15 PM Tstm Wind 0 kts. 0 0 1K 0 Countywide 9/10/1999 8:20 PM Tstm Wind 0 kts. 0 0 10K 0 Roanoke 9/10/1999 8:20 PM Tstm Wind 0 kts. 0 0 OK 0 County 2/22/2000 9:00 PM Tstm Wind 0 kts. 0 0 20K 0 Wide Lewisville 3/28/2000 7:40 PM Tstm Wind 0 kts. 0 0 100K 0 Sanger 4/15/2000 10:35 PM Tstm Wind 57 kts. 0 0 0 0 Krum 7/13/2000 7:30 PM Tstm Wind 52 kts. 0 0 0 0 Justin 2/9/2001 1:45 AM Tstm Wind 52 kts. 0 0 5K 0 Roanoke 2/9/2001 1:45 AM Tstm Wind 52 kts. 0 0 15K 0 Bolivar 2/9/2001 1:50 AM Tstm Wind 52 kts. 0 0 0 0 Krum 2/9/2001 1:50 AM Tstm Wind 52 kts. 0 0 10K 0 Krum 2/9/2001 1:55 AM Tstm Wind 52 kts. 0 0 25K 0 County 2/9/2001 2:00 AM Tstm Wind 52 kts. 0 0 5K 0 Wide Ponder 2/9/2001 2:00 AM Tstm Wind 52 kts. 0 0 10K 0 County 2/9/2001 2:20 AM Tstm Wind 58 kts. 0 0 30K 0 Wide Sanger 2/24/2001 10:15 AM Tstm Wind 60 kts. 0 0 75K 0 Carrollton 2/24/2001 10:30 AM Tstm Wind 0 kts. 0 0 30K 0 Lewisville 2/24/2001 10:30 AM Tstm Wind 52 kts. 0 0 0 0 Ponder 4/11/2001 3:13 AM Tstm Wind 52 kts. 0 0 0 0 Pilot Pt 4/11/2001 3:20 AM Tstm Wind 57 kts. 0 0 0 0 County 5/4/2001 4:35 PM Tstm Wind 0 kts. 0 0 5K 0 Wide Denton County ® Chapter Three County 5/28/2001 12:21 AM Tstm Wind 52 kts. 0 0 0 0 Wide Krum 6/14/2001 5:24 PM Tstm Wind 52 kts. 0 0 1 K 0 County 6/14/2001 6:40 PM Tstm Wind 61 kts. 0 0 0 0 Wide County 6/14/2001 6:45 PM Tstm Wind 52 kts. 0 0 2K 0 Wide County 6/14/2001 6:55 PM Tstm Wind 57 kts. 0 0 0 0 Wide Justin 8/10/2001 2:27 PM Tstm Wind 78 kts. 0 0 30K 0 Ponder 9/18/2001 4:50 PM Tstm Wind 61 kts. 0 0 0 0 Lewisville 10/12/2001 8:14 PM Tstm Wind 60 kts. 0 0 0 0 Little Elm 10/12/2001 9:00 PM Tstm Wind 0 kts. 0 0 150K 0 Sanger 4/7/2002 6:30 PM Tstm Wind 52 kts. 0 0 4K 0 Pilot Pt 4/7/2002 6:40 PM Tstm Wind 52 kts. 0 0 3K 0 County 7/12/2002 4:15 PM Tstm Wind 52 kts. 0 0 0 0 Wide Corinth 8/25/2002 1:46 PM Tstm Wind 52 kts. 0 0 3K 0 Hebron 8/27/2002 5:35 AM Tstm Wind 52 kts. 0 0 2K 0 Little Elm 8/27/2002 5:45 AM Tstm Wind 52 kts. 0 0 2K 0 Aubrey 10/6/2002 3:54 PM Tstm Wind 60 kts. 0 0 35K 0 County 5/6/2003 8:35 PM Tstm Wind 69 kts. 0 0 50K 0 Wide Lewisville 6/11/2003 9:41 PM Tstm Wind 52 kts. 0 0 15K 0 Argyle 7/22/2003 5:15 PM Tstm Wind 52 kts. 0 0 10K 0 Corinth 8/11/2003 5:45 PM Tstm Wind 52 kts. 0 0 5K 0 Krum 3/4/2004 2:50 PM Tstm Wind 52 kts. 0 0 10K 0 Justin 4/6/2004 7:34 PM Tstm Wind 52 kts. 0 0 0 0 Roanoke 6/2/2004 9:05 PM Tstm Wind 52 kts. 0 0 0 0 County 6/6/2004 5:20 PM Tstm Wind 52 kts. 0 0 0 0 Wide Sanger 6/6/2004 7:35 PM Tstm Wind 50 kts. 0 0 0 0 North Central Texas Council of Governments Regional Mitigation Strategy Lewisville 7/28/2004 3:45 PM Tstm Wind 52 kts. 0 0 2K 0 Sanger 9/14/2004 3:30 PM Tstm Wind 61 kts. 0 1 25K 0 Sanger 4/10/2005 5:48 PM Tstm Wind 68 kts. 0 0 0 0 Sanger 4/10/2005 5:50 PM Tstm Wind 60 kts. 0 0 5K 0 Sanger 4/10/2005 6:00 PM Tstm Wind 73 kts. 0 0 20K 0 County 7/12/2005 12:30 PM Tstm Wind 50 kts. 0 0 0 0 Wide Argyle 7/12/2005 12:35 PM Tstm Wind 50 kts. 0 0 0 0 County 8/5/2005 1:00 PM Tstm Wind 50 kts. 0 0 8K 0 Wide County 11/15/2005 9:30 AM Strong Wind N/A 0 0 25K 0 Wide Ponder 6/17/2006 9:40 PM Tstm Wind 50 kts. 0 0 20K 0 TXZ 7/1/2006 8:00 PM Strong Wind N/A 0 10 0 0 Bolivar 8/6/2006 4:27 PM Tstm Wind 52 kts. 0 0 30K 0 Aubrey 8/12/2006 4:43 PM Tstm Wind 54 kts. 0 0 0 0 County 2/24/2007 12:00 PM High Wind 50 kts. 0 3 1.7M OK Wide 6.911 TOTALS: 0 27 M 0 Denton County ® Chapter Three 35 TORNADOS event(s) were reported in Denton County, Texas between 1950 and 2007. lag: "igm' a °e _"i: es -s °-ij: Ir .L-Jes `-'L y: C"ro-erty Damage C- : Crop d----age County 5/29/1950 1700 Tornado F1 0 0 OK 0 Wide County 4/6/1955 430 Tornado F2 0 1 25K 0 Wide County 4/2/1957 1830 Tornado F 0 0 25K 0 Wide County 4/3/1957 1030 Tornado FO 0 0 OK 0 Wide County 11/3/1959 2030 Tornado F2 0 0 25K 0 Wide County 5/4/1960 2200 Tornado F1 0 0 25K 0 Wide County 8/21/1960 1515 Tornado F2 0 2 25K 0 Wide County 8/24/1962 1500 Tornado F1 0 0 OK 0 Wide County 6/12/1966 1845 Tornado F3 0 0 OK 0 Wide County 5/30/1967 1750 Tornado FO 0 0 OK 0 Wide County 6/29/1967 1730 Tornado F2 0 0 3K 0 Wide County 4/22/1968 640 Tornado F1 0 0 3K 0 Wide County 5/15/1969 1630 Tornado F2 0 0 25K 0 Wide County 7/26/1971 1540 Tornado F2 0 1 25K 0 Wide County 12/14/1971 1810 Tornado F2 0 0 25K 0 Wide County 12/3/1973 1310 Tornado F2 0 0 3K 0 Wide County 5/26/1976 1325 Tornado F1 0 0 OK 0 Wide County 5/26/1976 1332 Tornado F1 0 0 OK 0 Wide County 10/30/1979 858 Tornado FO 0 0 3K 0 Wide County 5/17/1981 1753 Tornado F2 0 0 3K 0 Wide County 4/16/1982 1637 Tornado FO 0 0 25K 0 Wide County 5/11/1982 2025 Tornado F1 0 0 250K 0 Wide North Central Texas Council of Governments Regional Mitigation Strategy County 3/18/1984 1603 Tornado FO 0 0 OK 0 Wide County 4/28/1991 1233 Tornado F2 0 0 250K 0 Wide Saginaw 9/13/1993 800 Tornado F1 0 0 500K 0 Lewisville 9/13/1993 823 Tornado F1 0 0 500K 0 County 9/13/1993 945 Tornado FO 0 0 0 0 Wide Aubrey 9/13/1993 1000 Tornado F1 0 1 500K 0 Pilot Pt 4/4/1997 4:50 Tornado FO 0 0 10K 0 PM Little Elm 10/12/2001 8:20 Tornado F1 0 0 10K 0 PM Lewisville 12/30/2002 12:30 Tornado FO 0 0 75K 0 PM Krum 3/4/2004 2:40 Tornado FO 0 0 0 0 PM Sanger 6/6/2004 7:23 Tornado FO 0 0 0 0 PM Sanger 6/6/2004 8:00 Tornado FO 0 0 1K 0 PM Pilot Pt 4/28/2006 10:05 Tornado FO 0 0 0 0 PM TOTALS: 0 5 2.334M 0 Denton County ® Chapter Three 1 WILD & FOREST FIRES event(s) were reported in Denton County, Texas between 1996 and 2007. ..Aw a_ itu e I_A: ei.._..s r-_, ..Ij ..es :.,ro--e.Y _z.. a e L rc-I Dz..nam Justin 2/21/1996 8:00 AM Wild/forest N/A 0 0 0 0 Fire TOTALS: 0 0 0 0 North Central Texas Council of Governments Regional Mitigation Strategy Based upon the previous events data and the communities understanding of weather patterns, participating jurisdictions have analyzed the expected occurrence of the assessed hazards to be the following: Highly likely Event probable in next year. Likely Event probable in next 3 years. Occasional Event possible in next 5 years. Unlikely Event possible in next 10 years. Unincorporated Denton Corinth Lewisville The Colony Denton County ® m Chapter Three 3.5 Impact Impact has been assessed utilizing the previous events data, maps, assessments, and the following definitions: Substantial Multiple deaths Complete shutdown of facilities for 30 days or more. More than 50 percent of property destroyed or with major damage. Major Injuries and/or illnesses result in permanent disability. Complete shutdown of critical facilities for at least 2 weeks. More than 25 percent of property destroyed or with major damage. Minor Injuries and/or illnesses do not result in permanent disability. Complete shutdown of critical facilities for more than 1 week. More than 10 percent of property destroyed or with major damage. Limited Injuries and/or illnesses are treatable with first aid. Minor quality of life lost. Shutdown of critical facilities and services for 24 hours or less. Less than 10 percent of property destroyed or with major damage. North Central Texas Council of Governments Regional Mitigation Strategy According to the historical data recorded by the National Climatic Data Center there have been 35 Tornado Events during 1950-2007 in Denton County. These events have caused a recorded total of 5 injuries, and $2,334,000 in property damage. Using these historical values over the time span of 57 years the average per year is .09 injuries, and $40,947 in property damages. 2 aa~. ca a 1.5 w 0.5h~ 0 1950 1960 r 1970 1980 1990 2000 2010 Deaths Injuries 500000. 400000 .w, 300000,.. 200000 ' 100000 1950 1960 1970 1980 1990 11 2000 2010 Property Damage Crop Damage Denton County ® Chapter Three Utilizing the provided definitions, anticipated extent on 3-21, and land usage maps (built-out) provided in Map Series A the participating jurisdictions have assessed the Impact of Tornado event to be as follows: Tornado Impact 4 y~ . ry 3.5 3 2.5 2~a 1.5 0.5 Major d 0 Unincorporated Denton Limited Corinth Lewisville The Colony Unincorporated Denton Corinth Lewisville The Colony Limited Minor 2 mmmm.m..mmmmmmmmm.mmmmmmmmm mm..m..mmmmmmmmm.mmmmmmmmmm mmmmm..mmmmmmmmm.mmmmmmmmmm mmmmmm.mmmmmmmmm.mmmmmmmmm.. Major 3 3 mmmmm.mmmmmmmmm.mmmmmmmmm.. Substantial 4 4 4 North Central Texas Council of Governments Regional Mitigation Strategy According to the historical data recorded by the National Climatic Data Center there have been 247 Hail Events during 1950-2007. These events have caused a recorded total of $145,000 in property damage. Using the historical value of property damage over the time span of 57 years the average per year is $2,544. (According to the National Climatic Data Center there have been no recorded deaths or injuries due to Hail Events.) $100,000 u$80,000 $60,000 $40,000 $20,000 $0 1950 1960 rv 1970 1980 1990 2000 2006 2010 Property Damage Crop Damage Denton County ® Chapter Three Utilizing the provided definitions, anticipated extent on 3-21, and the land usage maps (built-out) provided in Map Series B the participating jurisdictions have assessed the Impact of a Hail Event to be as follows: Hail Impact 2 M 1.8 1.6 1.4 1.2 0.8 0.6 c 0.4 Substantial 0.2 Major 0 Minor °t~~ Limited r~ Unincorporated Denton Corinth Lewisville The Colony Limited 1 1 Minor 2 2 2 Major Substantial North Central Texas Council of Governments Regional Mitigation Strategy According to the historical data recorded by the National Climatic Data Center there have been 269 High Wind Events during 1950-2007. These events have caused a recorded total 27 injuries and $6,911,000 in property damage. Using the historical values over the time span of 57 years the average per year is 0.47 injuries, $121,246 in property damages. (According to the National Climatic Data Center there have been no recorded deaths or crop damages due to High Wind Events.) *Note: The following charts display the total amount of damages, death, and injuries per decade rather than per event. 4,500,000 m,x $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 1950 1960 1970o,.a,,,.. 1980 1990 2000 2010 Property Damage Crop Damage 14 12n 10 6 N„ r, 4 , 2 0 1950 1960 1970 1980 1990 w 2000 2010 Deaths Injuries Denton County ® Chapter Three Utilizing the provided definitions, anticipated extent on 3-21, and the land usage maps (built-out) provided in Map Series C the participating jurisdictions have assessed the Impact of a High Wind Event to be as follows: High Wind Impact 2 M 1.8 1.6 1.4 1.2 0.8 0.6 0.4 Substantial 0.2 Major 0 rv Minor Limited ot~ az~ ~~~rf Unincorporated Denton Corinth Lewisville The Colony m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m..: Limited 1 1 m.mmmmmmmmmmmmmmmmm.mmmmmmmmmmmmmmmmm.m mmmmmmm.mmmmmmmmmmmmmmmm.mmmmmmmmm.mmmmmmmmmmmm...... Minor 2 2 2 m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m... Major Substantial North Central Texas Council of Governments Regional Mitigation Strategy There is no event history of an Earthquake occurring within the boundaries of Denton County. According to www.city-data.com the following chart are Earthquake Events which have occurred within 100 miles of Denton According the Richter Scale a County. The average magnitude is 2.78 and the average 3.0-3.9 Magnitude Earthquake distance away is 67.16. will be: Felt by persons at rest, Due to the distance from Denton County and the size of the on upper floors, or favorably Earthquake events there have been no recorded affects from placed. an Earthquake Event occurring outside of Denton County. Therefore there has been no impact. While there is a fault line in Denton County it has no recorded or known historical data of being active. 3.6 m mm.m.mmmmmmmmmmmmmmm m.mmmmmmmmm.mmmmmmmm. mmmmmmmm.mmmmmmmmmm mmmmmmm.mmmmmmmmm..m..m... 3.5 - 10/6/06 3.4 5/31 ...m.m.m.m.m.m.m.m.m.m.m.m.m.m.m. „m.m.m.. 10/2 /.02............................m.m. 3.3 ~ _ m..m..m..m..m..m..m..m..m..m..m..m..m..m..m.. 5/31/!02 )/8/04, a 3.2 - c°po 3.1 - 3 -mmmmmm.mmmmm....... mmmmm.mmmmmmmmmmmmm mm.m.mmmmmmmmmmmmmmm m.mmmmmmmmm.mmmmmmmm. mmmmmmmm.mmmmmmmmm m mmmmmmm. 10 31/08 2.9 - 2.8 - m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m... 2.7 63.4 69.5 96.9 63.4 75.7 20.7 Miles Away from Denton County Denton County ® Chapter Three Utilizing the provided definitions, the historical records, the participating jurisdictions have assessed the Impact of an Earthquake Event to be as follows: EarthcIlliake Impact 0.9 ...x... 0.8 0.7 0.6 0.5 0.4 0.3 0 2 r Substantial 0.1 Major 0 Minor ~a tai ~o~ Limited Unincorporated Denton Corinth Lewisville The Colony Limited 1 1 1 1 1 Minor r Major Substantial North Central Texas Council of Governments Regional Mitigation Strategy According to the historical data recorded by the National Climatic Data Center there have been 21 Snow and Ice Events recorded during 1994-2007 in Denton County. Of these 21 events, six have caused a recorded total of $65,885,000 in property damage, two caused a recorded total of 10 deaths, and one has caused a total of five injuries. Using these historical values over the time span of 13 years the average per year is .62 events occurring per year with 0.46 causing property damage, 0.15 events causing deaths, and 0.08 events causing injuries. $50,000,000 ?P $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 1990 2000 Property Damage ~i op Damage 2010 6 . . 4 2 0 1990 2000 Deaths Injurie~ 2010 Denton County ® m Chapter Three Utilizing the provided definitions, anticipated extent on 3-21, and the land usage maps (built-out) provided in Map Series H the participating jurisdictions have assessed the Impact of a Winter Storm Event to be as follows: Winter Storm Impact 4 3.5 3 2.5 ~y y 2 1.5 1 Substantial 0.5 Major 0 Minor ota~ ~o~ Limited J~. C, o~J Lo\ FUnincorporated Denton Corinth Lewisville The Colony mm.m..mmmmmmm... mmmmmm.mmmmmmmmm.mmm.m.... Limited Minor 2 2 2 2 mmmm..m mmm.m.. mmmmm.m.mmmmmmmmmmmm..m.._ mm..m..mmmmmmmmm. m..m..m. Major mmmmmmmmmmmmmmmmm.mmm.m.. _ Substantial 4 North Central Texas Council of Governments Regional Mitigation Strategy I According to the historical data recorded by the National Climatic Data Center there have been eight Extreme Heat Events during 1996-2007. Seven of these events have caused a recorded total of 56 deaths. Using these historical values over the time span of 11 years the average per year is .73 events occurring per year with 1.57 events causing deaths. 40 30 „ 20 10° 0 1990 2000 2010 Deaths Denton County ® Chapter Three Utilizing the provided definitions, anticipated extent on 3-21, and the land usage maps in order to have an understanding of the residential population provided in Map Series H the participating jurisdictions have assessed the Impact of an Extreme Heat Event to be as follows: Extreme Heat Impact 3 2.5 1.5 1 Substantial 0.5 Major 0 Minor a , °K, Limited ° C°o re - - - Unincorporated Denton Corinth Lewisville The Colony m..m.mmmmmmmmmmmmmmmmm.mmm mmm.m.mmmmmmmmmmmmmmmmm. Limited 91N 1 1 Minor Major 3 =ubstantial North Central Texas Council of Governments Regional Mitigation Strategy ~,j According to the historical data recorded by the National Climatic Data Center there have been 75 Flash Flooding Events during 1993-2007. Seven of these events have caused a combined recorded total of $745,000 in property damage and two of these events caused four deaths. Using these historical values over the time span of 14 years the average per year is 5.35 events occurring per year with .54 events causing property damage and .31 events causing deaths. (According to the National Climatic Data Center there have been no recorded injuries or crop damage due to Flash Flooding) $500,000 .m,..,,-...., .,W. $400,000 $300,000 $200,000 v $100,000 ro $0 1993 2000 Property Damage Denton County ® Chapter Three Utilizing the provided definitions, anticipated extent on 3-21, and the land usage maps (built-out) overlaid with Flood Zones, provided in Map Series I the participating jurisdictions have assessed the Impact of a Flooding Event to be as follows: 7looding Impact 3.r 2.5 1.5 1 Substantial 0.5 Major 0 Minor e; o~ Limited O Unincorporated Denton Corinth Lewisville The Colony Limited 1 mmm.m..mmmmmmmmm.mmmmmmmm.mmmmmmmmmmmmmmmmm.mmmmm mmm.mmmmmmmmmmmmmmmmm. mmmmmm.mmmmmmmmmmmmmmm ..mmmmmmmmm.mmmmmmmmmm..m..m.. Minor 2 2 Major 3 3 Substantial North Central Texas Council of Governments Regional Mitigation Strategy There is no historical data in Denton County of a Dam Failure or in the State of Texas. There are 10 identified high hazard dams in the participating jurisdictions or at the responsibility of the participating jurisdictions. Dams are located within residential areas and unincorporated areas. It is expected that a significant dam failure would cause a cascading affect of flooding through inundation zones, water supply disruption, and critical infrastructures. At this time there are no inundation studies or dam failure impact studies which have been conducted, though all do have emergency operation plans. Mitigation Projects have been identified in Chapter 4 to examine a cost-effective means for developing studies and relationships to determine the high hazard impact areas and their value. Utilizing Map Series G and I the participating jurisdictions have done an initial assessment of the impact of Dam Failure to be the following: Dam Failure Impact 3 2.5ay 2 1.5 1 0.5 s Substantial N Major 0 Minor Limited r~ Unincorporated Denton Corinth Lewisville The Colony m Limited mmmmm.mmmmmmm..mmmmmmmmmmmmmmmmm.mmmm m.m..mmmmmmmmmmmmmmmmm.m mmmmmmm.mmmmmmmmmmmmmmm m.mmmmmmmmm.mmmmmmmmmmm 1 1 1 1 m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. m.. Minor imm Major 3 Substantial Denton County ® Chapter Three j According to the historical data recorded by the National Climatic Data Center there has been one Wild and Forest Fire Event during 1996-2007. This event did not cause any recorded damages, deaths, or injuries. Using these historical values over the time span of 11 years the average per year is 0.09 events occurring per year. Utilizing the provided definitions, historical data, previous occurrences, and the land usage maps in order to have an understanding of the open space in Map Series H the participating jurisdictions have assessed the Impact of a Wildland Fire Event to be as follows: Wildland Fire Impact 1 ~.0.9 0.8 0.7,,. 0.6 0.5 0.4 0.3 0.2 Substantial 0.1 Major 0 Minor a rv Limited ° C,° Unincorporated Denton Corinth Lewisville The Colony mmmmmmmmmm mmm.m.mmmmmmmmmmmmmmmmm. mmmmmm.m.mmmmmmmmmmmmmm m..mmmmmmmmm.mmmmmmmmmmm mmmm.m.mmmmmmmmmmmmmmmm..mmmmmmmmmmmmmmmmm.mmmmm Limited 1 1 1 Minor 1 1 Major Substantial North Central Texas Council of Governments Regional Mitigation Strategy According to the historical data recorded by the National Climatic Data Center there has been 23 Drought Events during 1996-2007. These events have caused $116,000,000 in Property Damage and $2,633,000,000 in Crop Damage. Using these historical values over the time span of 11 years the average per year is .48 events occurring per year resulting in an average of $5,043,000 in property damage per event and $114,478,000 in Crop Damage per event. (According to the National Climatic Data Center there have been no recorded injuries or deaths due to drought) $1,000,000,000 g $800,000,000 . $600,000,000 $400,000,000 $200,000,000 A. $0 1996 2000 Property Damage Crop Damage 2010 Denton County ® Chapter Three Utilizing the provided definitions, historical data, previous occurrences, and the land usage maps in order to have an understanding of the open space in Map Series I the participating jurisdictions have assessed the Impact of a Drought Event to be as follows: Drought Impact 0.9 I 0.8 r 0.7~_ r~ 0.6, 0.5 0.4 0.3 0.2 Substantial 0.1 Major 0 Minor 0.1a`~ Limited r~ Unincorporated Denton Corinth Lewisville The Colony m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..m..- Limited 1 1 1 1 Minor Major Substantial North Central Texas Council of Governments Regional Mitigation Strategy 3.6 Structures, Losses, and Trends In order to better understand and mitigate vulnerabilities to natural hazards an overview assessment of the types of structures in the planning areas has been conducted. This overview shows those structures which are either in a greater vulnerability area (i.e. 100 yr flood zone) or those who are traditionally known to not withstand natural hazards, which incorporate severe weather elements such as strong wind, hail, severe rains, and lightning. This section details vulnerability in terms of the types and numbers of existing and future buildings, infrastructure, and critical facilities located in the planning area, and estimates the potential dollar losses to those vulnerable structures. Sources: Planning Methodology for Structure Vulnerability Assessment e Flood Zones Denton County ® Chapter Three -J The following Residential Chart displays the types of residential structures and their values for each planning jurisdiction according to the 2008 Denton County Appraisal District Parcel data. Maps J.1-K.5 provide a graphical explanation for the residential structures. By identifying the more vulnerable areas, such as mobile homes, planning jurisdictions are able to better target mitigation efforts to those areas with the highest vulnerability. Mobile Single Est. Value Multi- Est. Value Family Family Homes Homes Homes 81832 $11,767,269,883 4347 $1,113,013,194 2881 $150,926,784 Total Est. Value The following Commercial and Utilities chart displays the types of residential structures and their values for each planning jurisdiction according to the 2008 Denton County Appraisal District Parcel data. Maps J.1-K.5 provide a layout of the identified commercial facilities in the planning area. Commercial Total Est. & Utilities Value Facilities 6606 $3,750,532,681- North Central Texas Council of Governments Regional Mitigation Strategy The hazards identified within the Denton County Local Mitigation Strategy affect structures to different extents based on previous occurrence and event data and forecast for the future, as well as extent and impact forecasted for future events. Hazards that affect the entire planning area and those structures throughout the planning area are detailed below. As in section 3.1 hazards will continue to be divided by those which have the potential to affect the entire planning area equally and those which occur in geographical specific locations. The following hazards affect the entire planning area equally thus will rely on the structure value charts from page 3-75. Drought Based on the 23 reported drought events in Denton County resulting in $116,000,000 in structure • PSI 4.00 or more - -0.99 damage; the previous events occurrence forecast of • Extremely wet to incipient dry spells likely to highly likely; and that the extent of drought in the planning area has been assessed as overall low, the estimated damage to structures within the planning area from drought in the future is approximately $5,043,000 in property damage for all structure types during the next drought event. The structure types most vulnerable to drought are infrastructure and all types of buildings (residential, commercial, and utilities). Based on assessment, the next drought event is likely to occur within the next 1-3 years. The Residential Chart and Commercial and Utilities Chart on 3-75 identify the types of structures and their values which are vulnerable to this hazard. Earthquake Based on the one previous earthquake [,Aercalli scale: I-v occurrence in Denton County rated at a 3.3 on the Ze _ange of of f f eelingng the event is cannot be felt to being felt Mercalli Scale; previous events occurrence forecast j outdoors. Doors may swing close and liquids may be disturbed of unlikely; and that the extent of an earthquake in the planning area has been assessed as overall low; the estimated damage to structures within the planning area is relatively low. An assessed rating of low, as depicted in the extent section, determines that the effect on structures would be relatively minor. As stated in 3.1, all structures are equally vulnerable to the possibility of the New Madrid Fault. Residential Chart and Commercial and Utilities Chart on 3-75 identify the types of structures and their values which are vulnerable to this hazard. Extreme Heat Extreme heat would have the same • Heat Index 105F-129F effect on structures as drought would, however, if •Cascading effect to technological hazards such as drought and extreme heat were to occur power outtages, road hazards, and potential train derailments simultaneously the effect would be magnified and is estimated to cause additional structure damage. Hail Based on the previous 247 recorded hail events . in Denton County that caused a total of $145,000 in i5-"6,1.6„-2.4' -here will be a range of severe damage from well construr. structure damage; previous events occurrence louses being destroyed to houses being swept away forecast ranging from occasional to highly likely; and that the extent of hail in the planning area has been assessed as overall medium; the estimated damage to structures within the planning area is an average per year of $2,544 in structure damage, affecting all structure types. Residential structures, especially mobile and single family homes, are particularly vulnerable to the effects of hail. Residential Chart and Commercial and Utilities Chart on 3-75 identify the types of structures and their values which are vulnerable to this hazard. High Inds Based on the historical data for the 269 high wind events in Denton County causing a total of 4-6 :noh. 11-27 $6,911,000 in structure damage; previous events lust, leaves, and loose paper lifted. Small to Large branch occurrence forecast ranging from occasional to likely; roving. Branches have the potential to damage structure,. and that the extent of high winds in the planning area Denton County ® Chapter Three has been assessed as overall medium; the estimated damage to structures within the planning area is an average per year of $2,127 in structure damage, affecting all structure types. Residential structures, especially manufactured and single family homes, are particularly vulnerable to the effects of high wind. Residential Chart and Commercial and Utilities Chart on 3- 75 identify the types of structures and their values which are vulnerable to this hazard. Tornado Based on the historical data for the 35 tornado events in Denton County causing a total of -here will g ~ • ill be a range of moderate to considerate damage FF $2,334,000 in structure damage; previous events Wofs will be severely stripped, mobile homes overturned occurrence forecast ranging from occasional to cars lifted offof the ground likely; and that the extent of a tornado hazard in the planning area has been assessed as overall medium; the estimated damage to structures within the planning area is an average per year of $40,947 in structure damage, affecting all structure types. Residential structures, especially manufactured and single family homes, are particularly vulnerable to the effects of tornados. Residential Chart and Commercial and Utilities Chart on 3-75 identify the types of structures and their values which are vulnerable to this hazard. Winter Storm Based on the historical data for the 21 Temperatures 40F- 35F snow and ice events in Denton County causing a Mind Chill 36F-17F total of $65rable in structure damage; previous e lne id and agriculture at risk to lower mpe ratuaturesresa and nd wind chill. events occurrence forecast ranging from occasional to likely; and that the extent of a winter storm hazard in the planning area has been assessed as overall low; the estimated damage to structures within the planning area is an average per storm of $10,980 in structure damage, affecting all structure types. Residential structures, especially manufactured and single family homes, are particularly vulnerable to the effects of snow and ice, especially since the region only gets about one snow and ice event per year and many structure owners do not have sufficient tree limb maintenance plans in place. Residential Chart and Commercial and Utilities Chart on 3-75 identify the types of structures and their values which are vulnerable to this hazard. The following hazards are considered to be geographically defined. These hazards only affect certain areas within the planning area and those structures in that geographically defined area are detailed below. There are three hazards which are evaluated as geographically specific. Dam Failure, Wildland Fire, and Flooding. For Dam Failure and Wildland Fire the following charts may be used to estimate structure values which could be vulnerable. Further discussion is provided in the following hazard descriptions. Total Home Value 5% 10% 15% .$651,560,493 $1,303,120,986 North Central Texas Council of Governments Regional Mitigation Strategy Single Family Homes 5% 10% 15% 4,092 $588,363,494.15 8,183 $1,176,726,988.30 12,275 $1,765,090,482.45 Multi-Family Homes 5% 10% 15% 217 $55,650,660 435 $111,301,319 652 $166,951,979 Mobile 5% 10% 15% 144 $7,546,339 288 0$15,092,678 432 $22,639,018 Commercial & Utilities Facilities 330 $187,526,634 661 $375,053,268 991 •0 Denton County ® Chapter Three Dam Failure Based on the fact that there is no historical data in Denton County of a Dam Failure or ess than 20% of city structures a re in the inundation zon -ess than zone the city's critical infra structure in the in the State of Texas the future occurrence prediction nundndatation zone is unlikely. However, there are 10 identified high hazard dams in the participating jurisdictions or at the responsibility of the participating jurisdictions. Dams are located within residential areas and unincorporated areas. It is expected that a significant dam failure would cause a cascading affect of flooding through inundation zones, water supply disruption, and critical infrastructures. At this time there are no inundation studies or dam failure impact studies which have been conducted, though all do have emergency operation plans. Mitigation Projects have been identified in Chapter 4 to examine a cost-effective means for developing studies and relationships to determine the high hazard impact areas and their value. The overall anticipated average for extent is low meaning that less than 20% of the structures are in the inundation zone. Thus the structures have been identified in values of 5%, 10%, and 15% for planning purposes. ildland Fire Based on the historical data for the , KB012°°-400 one Wldland fire event in Denton County in which no Ranges from lower litter and duff layers are drying and beginning to contribute to fire intensity to them causing the structure damage was recorded; previous events fire to burn actively. occurrence forecast ranging from unlikely to highly likely; and that the extent of a wildland fire event in the planning area has been assessed as overall medium; the estimated damage to structures within the planning area is minimal. Based on the Fire Danger chart description of Medium, or Code Blue/Class 2, potential fires are not likely to become serious and control is relatively easy. This is especially true if the fire is started in a Wildland or open space area. However, Wildland fire danger becomes a higher vulnerability when combined with the high wind hazard and would be much more likely to move into areas where it would affect residential structures, especially manufactured and single family homes if not prevented or stopped in time. While Wildland Fire has an extent rating of Medium this is primarily in the open areas. Thus the 5%, 10%, 15% structure value charts will be used in order to capture the minimal structures which are in the identified areas. Flooding Based on the historical data for the 75 500yrFlood Zone, Zone B flood events in Denton Count total Of The extent of severity in the 500yr Flood Zone will be y causing a iependent on the structures and livestock located in the $745,000 in structure damage; previous events dentified area. occurrence forecast ranging from occasional to likely; and that the extent of flooding in the planning area has been assessed as overall medium; the estimated damage to structures within the planning area is an average per flood of $53,000 in structure damage, affecting all structure types. The following charts are an estimate based off of the 2008 Denton County Appraisal District parcel data depicting the types of structures and their costs which are within the 100 Year and 500 year flood zones. Single Family Homes This section details vulnerability in terms of the types and numbers located in the planning area, and estimates the potential dollar losses to those vulnerable structures within each iurisdiction of the DeLMS. Denton Vulnerability: Single Family Homes Number of Single Family Homes Value Range ii Total 1168 North Central Texas Council of Governments Regional Mitigation Strategy Flood City of Corinth Vulnerability: Single Family Homes Number of Single Family Homes City of Denton Vulnerability: Single Family Homes Flood Number of Single Family Homes Total 2952 ii Flood City of Lewisville Number of Single Family Colony Vulnerability: Single Family Homes Homes Value Range_______, City of The Flood Vulnerability: Single Family Homes Number of Single Family Homes Value Range Denton County ® Chapter Three Mobile Homes this section details vulnerability in terms of the types and numbers located in the planning area, and estimates the potential dollar losses to those vulnerable structures within each jurisdiction of the DeLMS. Denton Vulnerability: Manufactured Homes Number of Manufactured Homes City of Corinth Flood Vulnerability: Manufactured Homes Number of Manufactured Homes City of Denton Vulnerability: Manufactured Homes Flood Number of Manufactured Homes Value Range ~~~~~~~~~~~uuuii~~~~ ~~~,~~~,~uuu~~~~~~~~~~~lllllllllIII'III'III'IIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Flood City of Lewisville Vulnerability: Manufactured Homes Number of Manufactured Homes Value Range 00 North Central Texas Council of Governments Regional Mitigation Strategy City of The Colony Flood Vulnerability: Manufactured Homes Number of Manufactured Homes i iii Multi-Family Homes Multi-Family homes this section details vulnerability in terms of the types and numbers located in the planning area, and estimates the potential dollar losses to those vulnerable structures within each jurisdiction of the DeLMS. Denton Vulnerability: Multi-Family Homes ii Flood City of Corinth Vulnerability: Multi-Family Homes Value flanCle ~~muuiiuiiiiiiuiilllllllll~llllllllllllllllllllllllllllllllllllllllllllllll~~~ii~~~~~ ESOM 00 Flood City of Denton Vulnerability: Multi-Family Homes Number of Multi-Family Homes- rtm~~ Value Ranue ,~~~~~uiiiiii~~llllllllllllllllllllllllllllllllllllllllllllll~~ii~~~~~~ 00 Denton County ® Chapter Three Flood City of Lewisville Number of Multi-Family Homes Ito Colony Vulnerability: Multi-Family Homes City of The Flood Vulnerability: Multi-Family Homes North Central Texas Council of Governments Regional Mitigation Strategy L- I _J Map Series H-1 provide a detailed overview of landuse and landuse planning for each jurisdiction, to include Critical Infrastructure, Residential, Commercial, and Undeveloped land as well as Emergency Operations Centers, Fire Stations, Police Stations, and Hospitals. These maps detail the current and intended Ianduse, and incorporate such things as Capital Improvement Planning and future development. Denton County Local Mitigation Strategy has city zoning ordinances which establish a land development trend of building outside of the flood plains. Mitigation measures and the Denton County Local Mitigation Strategy will continue to be used and assessed in future city plan development. The master Ianduse plans for each jurisdiction are depicted, and as the mitigation action items taken by jurisdictions are incorporated into future planning, will show trends toward development within the community so that mitigation options can be considered in future Ianduse decisions. Landuse with Critical Infrastructure Maps The Landuse with Critical Infrastructure maps depict the Residential, Commercial, and Undeveloped land as well as Emergency Operations Centers, Fire Stations, Police Stations, and Hospitals. Map H.1 City of Denton Landuse Map H.2 City of Corinth Landuse Map H.3 City of Lewisville Landuse Map HA Denton County Unincorporated SW Map Quadrant Landuse Map H.5 Denton County Unincorporated NW Map Quadrant Landuse Map H.6 Denton County Unincorporated NE Map Quadrant Landuse Landuse with Critical Infrastructure and Flood Zones The Landuse with Critical Infrastructure and Flood Zone maps depict the Residential, Commercial, and Undeveloped land as well as Emergency Operations Centers, Fire Stations, Police Stations, and Hospitals. These maps show how the FEMA Q3 Flood Zones overlay with Landuse and identified Critical Infrastructure. Map 1.1 City of Denton Landuse Map 1.2 City of Corinth Landuse Map 1.3 City of Lewisville Landuse Map 1.4 Denton County Unincorporated SW Map Quadrant Landuse Map 1.5 Denton County Unincorporated NW Map Quadrant Landuse Map 1.6 Denton County Unincorporated NE Map Quadrant Landuse Types of Structures Map J.1 City of Corinth Map J.2 City of Denton Map J.3 City of Lewisville Map J.4 City of The Colony Map J.5 Denton County Types of Structures with Flood Zones Map K.1 City of Corinth Map K.2 City of Denton Map K.3 City of Lewisville Map K.4 City of The Colony Map K.5 Denton County Local Critical Facilities Map L Denton County LMS Participating Jurisdictions Denton County ® m Chapter Three ca C o ~ U ~ z. ~ ~ T V U to ° N - - a..i 0 N i O -o ~ a G = (n O cu fB O1 Q 2 E a>i N a 0 = J U ~ U ~ E ~ W r O O N O C W LL d 2 d' U 7 J 2 m 0 ` of LO w - - n/~ U ° - LL J O } o 00 o Va 0 f~. ~ f II J ~ y li] N _ _4 o 0 . l O W N E tog - _ - N ^ :3 M m WHO G) L O o u O ~ J C,3 u U ~ d N N Y N E '6 N a7 T c _ _ - U O O E O N O C ~ z F~ _ W a..~ C i~ a x w U~ 0 £ I 'M RAW, U ° N 0 m U Q 0 U 0 o _ o I ~ N z v N _ M L ° _ U 2 a a"i J N 4 O a-°i a ; G ad a~ rn N > y O _ r J U d o Y N r E d o o ao o x w U D O £ a c LO -i of U W - F - J C) F r - I f 1 F 1 s a N U z v 6 - V /1 w U 5 (B N O L 0 U G x a (6 o m ca C U 0 N Q _ y N N N c n~ _ - _ V! 0 CU (B (B U fl- N E N U v' _ cc J U N y N -6 a7 T c _ _ _ -6 E O C LL d 2 W J of U 7 0 V W - - O ~a J O II r _ ___-1 -2 N N s- o o` ..J N = S _ S 6 a ¢ s s 6 IT, O C Q) U 0 fB ~ ("00 E G to i O o a o N u ~ma CL c -6 Q = J U'D d o o E aa) o Q V 0 W - - Q~ O ~o f'u, Ily 1 J 0 a v 6 [ 0 >4 z r C E t U z - to 2) C,3 a) 0 cu (Q V V m o N _ C/) 4 _ O CU (u fB v d Y 2 E -a a7 r - - 0 C J U O O E O N O C C E a x w U w - - n/~ V d O - LL J O m -cis _ U ) IL~ Lj :3 r i I t 0 v, 31 p II ~ ~ X11 C O U c d z v a- O c s a N 0 N =w a..i 0 N L O 0 0 a°i a. a (a C O 0 m o N ca CZ -0 E E y - 0 vI J U r o o E -o o a) U x £ Q LLJ in w ii a x of .2E." cl) •Q) V N W p O w - J I1 N p Fw"s~ ~Z ;4,L, % iNl V ~t~. j\ I 3 1 ~ r ~ I 'ri i i y 1 r a Id 1 J Ll f l 1 ~~u~ " III l i r a L) z c 2 a 4- N to N a~ a c 4-1 L p o p C~ C 0-0.s p 0 .2 o o 7 0 LL LL. 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Il 1 1 1 O (1) ~ Ln -2 E (D Lf) ° ° C,4 m Q V O L- E_° z: a LL m L- 0 cc m -2 L~ -2 E (n LL d 0) E o o O v +r E I ` ~ 8 0 I L t i ~ i I a 0 ° ~ u t n 6 g 8 o y s= N E N N V vI 0 O 0 Jm m N d m 3 N - t6 ~j V • i a -0 0 a 0 cu a~.A 0 m Q m / d m - V 0 LL .0 C c 0 0~ G a-r 0 m m a `m a o o V LL N N .V .2 .2 p C 0A T c i F • D J E U iL a° U) a Z a £ N CD N W ~ J 9€II p m , A =Q '=1 ! 7 'q ~ e N s 9_0 9 ~L s J 5 0 { y m ~ € '7 U 09_11 ° A i m m 8 s 1 A m S 5 7 0 1 ®-m,®....®®am.n-®®.m®d®®®- ®.,.n.,®®®m..m.--.n-®®®m.-- - --.n-®®®m-®-.n®W®®®r®- - ..++..-®®.m®-m- ®.,.n-®®®m-..®®-®..®m..m„~ .7 .ll®11:ve ",ss rr° The National Flood Insurance Reform Act of 2004 recognized repetitive loss as a significant problem and defined severe repetitive loss as: • Four or more paid flood losses of more than $1,000 each; or • Two paid flood losses within a 10-year period that, in the aggregate, equal or exceed the current value of the insured property; or • Three or more paid losses that, in the aggregate, equal or exceed the current value of the insured property. The loss history includes all flood claims paid on an insured property, regardless of any change of ownership, since the building's construction or back to 1978 if the building was constructed prior to 1978. The following chart lists all losses for the Denton County planning area and was utilized in identifying Repetitive Loss property based on the FEMA screening criteria. Texas Loss Statistics from January 1, 1978 through report AS OF 04/30/2009 Community Name Total Closed •-Total Payments Losses Losses Losses Losses Source: http://bsa.rifipstat.com/reports/1040.htm North Central Texas Council of Governments Regional Mitigation Strategy The National Flood Insurance Program structures that have been repetitively damaged in floods have been assessed within the Denton County LMS, and provide a basis for assessing overall participating jurisdiction vulnerability in the terms of types and numbers of repetitive loss properties located within the identified hazard areas. The following chart provides an overview for the entire planning area, and subsequent charts provide jurisdiction specific information for types and numbers of repetitive loss properties. Total DeLMS RePL'--itive Loss Payments 1000000 500000 Payment Made 0 Number of Properties Residential Commercial Residential Commercial Number of Properties 14 3 Payment Made $771,272.00 $463,453.00 Denton County ® Chapter Three _j The following tables demonstrate the number and each type of structures for each jurisdiction which are known to be Repetitive Loss Properties as defined by FEMA in the Denton County Local Mitigation Strategy planning area. Unincorp. County Repetitive 40000 r 20000 Payment Made 0 - Number of Properties Residential Commercial Residential Commercial Number of Properties 1 0 Payment Made $21,603.00 $0.00 City of Denton Repetitive Loss Payments 600000 400000 200000« Payment Made Number of Properties Residential ~ Commercial Residential Commercial Number of Properties 2 2 Payment Made $214,097.00 $441,850.00 North Central Texas Council of Governments Regional Mitigation Strategy City of Corinth Repetitive 300000 200000 100000 Payment Made 0 Number of Properties Residential Commercial Residential Commercial Number of Properties 2 0 (W Payment Made $202,500.00 $0.00 City of The Colony Repetitive Loss Payments 150000 r.- 100000 m,Po Y 50000 Payment Made 0 Number of Properties Residential Commercial Residential Commercial Number of Properties 2 0 Payment Made $150,000.00 $0.00 Denton County ® Chapter Three City of Lewisville Repetitive 200000- 150000 100000 " 50000 Payment Made 0 ~ Number of Properties Residential Commercial Residential Commercial I- n .mmmmmmmmm.mmmmmmmmmmmmmmmmm.mmmmmmm...... mmmm.m..m..m.. Number of Properties 7 1 Payment Made $183,972.00 $21,603.00 *Property value and category determined through Denton County Central Tax Appraisal District website http://www.dentoncad.com/index.php?option=com content&task=view&id=98&lter id=54 North Central Texas Council of Governments J Regional Mitigation Strategy . ° _ L_r: -7gation Goals and Action Chapter Four of the Denton County Local Mitigation Strategy describes each participating jurisdiction's blueprint for reducing the potential losses identified in the risk assessment, based on existing authorities, policies, programs, and resources, and its ability to expand and improve on these existing tools. Hazard mitigation goals are outlined for the local mitigation strategy, and objectives are quantified through individual jurisdiction action items through which each participating jurisdiction plans to accomplish those objectives and reach goal completion. The chapter identifies specific and identifiable action items for each participating jurisdiction, laying out each action item and how it will be implemented and administered, to include the responsible department, existing and potential funding sources, and the timeframe that each item will be completed in. The action items also present a cost benefit review statement and demonstrate the priority of emphasis on each action item by that particular jurisdiction. 4.1 Goals - The hazard mitigation goals describe the overall purpose of the Denton County Local Mitigation Strategy, and target specific objectives through which those goals are to be achieved. Each participating jurisdiction aligns their specific action items to these goals through specific and measurable objectives. 4.2 Action The action items are organized by each hazard assessed, are listed in order of the participating jurisdiction, and identify items specific to each jurisdiction and how that particular jurisdiction plans to reduce the potential losses identified in Chapter Three. Action Its Aggregate Overview ®m a Lazard Prioritization Scoring Table -A.1 G~ L i iazard Aggregate Overview Table -A. M--_j Failure Prioritization Scoring Table - . Dam Failure Aggregate Overview Table 4-13.2 Drought Prioritization Scoring Table -C.1 Drought Aggregate Overview Table -C.2 Earthquakes Prioritization Scoring Table 4-D.1 Earthquakes Aggregate Overview Table 4-D.2 Extreme eat Prioritization Scoring Table 4-E.1 Extreme atAggr gat Overview Table 4-E.2 Flooding Prioritization Scoring Table -F.1 Flooding Aggregate Overview Table 4-F.2 Hail Prioritization Scoring Table 4-G.1 Hail Aggregate Overview Table 4-G.2 High Winds Prioritization Scoring Table 4-H.1 High Winds Aggregate Overview Table 4-H.2 Tornado Prioritization Scoring Table -1.1 Tornado Aggregate Overview Table -1.2 ildland Firs Prioritization Scoring Table -J.1 ildland Fire Aggregate Overview Table -J.2 Winter for Prioritization Scoring Table -K.1 Winter for Aggregate Overview Table -K.2 North Central Texas Council of Governments Regional Mitigation Strategy 4.3 National Flood Insurance Program (NFIP) Compliance 4-6 Chapter Four of the Denton County Local Mitigation Strategy also describes each participating jurisdiction's participation in the National Flood Insurance Program (NFIP), and identifies, analyzes, and prioritizes those action items which are related to continued compliance with the NFIP. Action NFIP Overview - This provides an overview of the specific NFIP compliance and program continuance action items for each participating jurisdiction. A complete listing of the NFIP action items by each jurisdiction can be found in tables 41.1 and 41.2. DENTON d.L i Denton County Chapter Four 4.1 Goals The Denton County Local Mitigation Strategy corporately assessed the mitigation goals of the Denton County area. The following goals and objectives were identified: Goal 1 Incorporate mitigation activities in to the existing plans and codes, create new planning mechanisms and relationships. Objective 1- Pass ordinances requiring existing structures and facilities to incorporate mitigation requirements in structures. Objective 1- Identify, implement, maintain planning mechanisms and relationships which will reduce vulnerabilities. Objective 1-C Identify federal and state programs that provide financial assistance to help attract funds for mitigation projects and programs. Objective 1- Improve the drainage ditches within the city in order to prevent flooding of the streets and to avoid erosion and runoff. Goal Identify and implement hazard mitigation projects to reduce the impact of hazard events and disaster. Objective - Identify areas where repetitive damages occur during chronic hazard events and implement projects to reduce vulnerabilities. Objective - Buy-out repetitive loss properties. Objective -C Incorporate disaster resistant features in government facilities and infrastructure. Objective - Install early warning system in order to give people participating in outside activities sufficient time to seek shelter. Goal 3 Develop a public education system to educate the public about natural hazards and what to do to be better prepared for them. Objective 3- Develop the Citizen Corps Program encouraging public participation in the CERT VIPS and Neighborhood Watch Programs. Objective3- Educate the public about problems associated with living in or near a high hazard area. Objective 3-C Educate the public and personnel on actions they can take to prevent or reduce the loss of life or property from all hazards. North Central Texas Council of Governments Regional Mitigation Strategy 4.2 Action Items Each participating jurisdiction's Hazard Mitigation Team in the Denton County Local Mitigation Strategy collaboratively created Action Items based upon the direction of the city as identified in Capitol Improvement Plans and special projects within each city department, as well as identified new mitigation action items within the local mitigation strategy. The mitigation strategy address how the actions will be implemented and administered, including the responsible department, existing and potential resources, and the timeframe to complete each action. The format for the Action Items follows this guideline and addresses the following areas: 1. Action Item Title 2. Hazard(s) Addressed 3. Goal 4. Priority 5. Estimated Cost 6. Potential Funding Sources 7. Lead Agency/Department Responsible 8. Implementation Schedule 9. Effect on New Buildings 10. Effect on Existing Buildings 11. Cost Effectiveness 12. Discussion Hazard Mitigation Team representatives collaborated as a Local Mitigation Strategy through the North Central Texas Council of Governments to further analyze the mitigation needs as a county. I The DeLMS Action Items are comprehensively evaluated by each participating jurisdiction and are given intensive review as to determine the prioritization the Action Item has within each jurisdiction. The evaluation process is detailed in the Evaluation and Prioritization Criteria table below, utilizing the four criteria of use in current planning mechanisms, public approval, feasibility, and political implications within each local jurisdiction. The four evaluation criteria are then weighted according to the Action Item's relation to the evaluation criteria using a numeric weighted scale of 1 to 3. Once the evaluation has been weighted, the numbers are totaled and the final score is tallied to determine a low priority as a numeric score of 4-6, a medium priority as a numeric score of 7-9, and a high priority as a numeric score of 10-12. Hazard Mitigation Action Item Evaluation and Prioritization Criteria Identified in Current Planning Political Implications Mechanisms Priority Indicator: Medium III: Numeric Score 7-9 High III: Numeric Score 10-12 i Denton County Chapter Four As specified by C.F.R. §201.6(c)(3)(iii), the prioritization also includes a special emphasis on the extent to which benefits are maximized according to a cost benefit review of the proposed project and their associated costs for each jurisdiction. The comprehensive range of specific mitigation actions and projects being considered in the DeLMS has been determined by each of the Hazard Mitigation Teams. As a part of the prioritization process, there is an emphasis on the use of a cost-benefit review to maximize benefits. Each mitigation action item for the participating jurisdictions has a priority indicator of high, medium, or low, and the cost-benefit review was conducted as a part of determining the priority based on the evaluation criteria of use in current planning mechanisms, public approval, feasibility, and political implications. The priorities were determined by the Hazard Mitigation Teams by examining available jurisdictional funding, local priorities, economic impact, and comparison to special projects, Capitol Improvement Plans, plans and studies, and the benefit of the mitigation action in comparison to another or to no action at all. P, _ _ _ The Denton County Local Mitigation Strategy action items are aggregated by hazard in order to present an overview of the hazards individually targeted for mitigation action items by each participating jurisdiction. The action items are listed below by each hazard the action item addresses. For each hazard presented, the participating jurisdiction's action items are listed alphabetically by jurisdiction. P, The complete listing of each participating jurisdiction's action items is detailed below. Each action item addresses how the actions will be implemented and administered, including the responsible department, existing and potential resources, and the timeframe to complete each action. The action item discussion also includes the jurisdiction's assessed priority according to the prioritization methodology utilized, as well as the results of the cost-benefit review. See the following Table listings for the detailed action item descriptions. Multi-Hazard Prioritization Scoring Table -A.1 Multi-Hazard Aggregate Overview Table -A.2 Dam Failure Prioritization Scoring Table - . Dam Failure Aggregate Overview Table 4-13.2 Drought Prioritization Scoring Table -C.1 Drought Aggregate Overview Table -C.2 Earthquakes Prioritization Scoring Table 4-D.1 Earthquakes Aggregate Overview Table 4-D.2 Extreme eat Prioritization Scoring Table 4-E.1 Extreme atAggr gat Overview Table 4-E.2 Flooding Prioritization Scoring Table -F.1 Flooding Aggregate Overview Table 4-F.2 Hail Prioritization Scoring Table 4-G.1 Hail Aggregate Overview Table 4-G.2 High Winds Prioritization Scoring Table 4-H.1 High Inds Aggregate Overview Table 4-H.2 Tornado Prioritization Scoring Table -1.1 Tornado Aggregate Overview Table -1.2 lldland Fir Prioritization Scoring Table -J.1 lldland Fire Aggregate Overview Table -J.2 Winter Star Prioritization Scoring Table -K.1 Winter Star Aggregate Overview Table -K.2 North Central Texas Council of Governments Regional Mitigation Strategy 4.3 O [ O [ -`G-- - - :"r,- (C'7 - Aance 1 1 The National Flood Insurance Program is a federally run program which enables property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. A community applies for participation in the National Flood Insurance Program (NFIP) either as a result of interest in eligibility for flood insurance or as a result of receiving notification from FEMA that it contains one or more Special Flood Hazard Areas (SFHAs). In order for a community to apply for and receive participation in the NFIP, that community must adopt resolutions or ordinances to minimally regulate new construction in identified SFHAs. FEMA works closely with State and local officials to identify flood hazard areas and flood risks. The floodplain management requirements within the SFHA are designed to prevent new development from increasing the flood threat and to protect new and existing buildings from anticipated flood events. When a community chooses to join the NFIP, it must require permits for all development in the SFHA and ensure that construction materials and methods used will minimize future flood damage. Permit files must contain documentation to substantiate how buildings were actually constructed. In return, the Federal Government makes flood insurance available for almost every building and its contents within the community. Communities must ensure that their adopted floodplain management ordinance and enforcement procedures meet program requirements. Local regulations must be updated when additional data is provided by FEMA or when Federal or State standards are revised. L _ _ _ _ L= _ Denton County jurisdictions are participating in the National Flood Insurance Program and have identified their respective areas as vulnerable to flooding. This is incorporated into all current and future planning for dealing with repetitive loss vulnerabilities. . . . Flood nall Program 481143# City of Denton Corinth County 07/30/76 05/15/79 12/06/02 5/15/1979 No 480774# Denton Denton Count Count 05/27/77 5/04/87 12/06/02 5/4/1987 No 480194# City of Denton Denton County 11/01/74 8/01/79 12/6/2002 3/1/1979 No 481581# City of The Denton Colony County 08/16/84 9/29/1986 12/06/02 9/29/1986 No 480195# City of Denton ® Lewisville County 3/15/1974 10/18/1988 12/6/2002 10/18/1988 No Source: //www.ferria.ctov/cis/TX. t 1 Once the community applies for the NFIP, FEMA arranges for a study of the community to determine base flood elevations and flood risk zones. Consultation with the community occurs at the start of and during the study, and those communities with minimal flood risk are converted to the Regular Program without a study. i Denton County Chapter Four FEMA provides the studied community with a Flood Insurance Rate Map delineating base flood elevations and flood risk zones. The community is then given 6 months to adopt base flood elevations in its local zoning and building code ordinances. Once the community adopts more stringent ordinances, FEMA converts the community to the NFIP's Regular Program. FEMA then authorizes the sale of additional flood insurance in the community up to the Regular Program limits. The Community must implement and enforce the adopted floodplain management measures. FEMA provides periodic community assistance visits with local officials to provide technical assistance regarding complying with NFIP floodplain management requirements. The purchase of flood insurance is mandatory as a condition of receipt of federal or federally-related financial assistance for acquisition and/or construction of buildings in SFHAs of any participating community. Those communities notified as flood-prone which do not apply for participation in the NFIP within 1 year of notification are ineligible for federal or federally-related financial assistance for acquisition, construction, or reconstruction of insurable buildings in the SFHA. _ _ The following is a list of action items for the participating jurisdictions that portray their specific participation in the NFIP as well as demonstrating continued NFIP compliance. See the following Table listings for the detailed action item descriptions. C.__._11, c Action Its Table 4-L The Community Rating System (CRS) is a voluntary program for NFIP-participating communities. The goals of the CRS are to reduce flood damages to insurable property, strengthen and support the insurance aspects of the NFIP, and encourage a comprehensive approach to floodplain management. All CRS communities must maintain completed FEMA elevation and flood proofing certificates for all new and substantially improved construction in the Special Flood Hazard Area after the date of application for CRS classification. The Denton County Local Mitigation Strategy will incorporate the CRS to provide discounted insurance premium incentives for communities to go beyond the minimum floodplain management requirements and to analyze and manage future development. Community Rating System Eligible Communities (Texas CRS 26 May 1, 2009)_ 1 480194 City of 10/1/1991 5/1/200; 6 20 10 C Denton 480774 Denton 10/1/1992 10/1/1993 10 0 0 R County 480195 City of 10/1 /1991 10/1 /1996 7 15 5 C Lewisville Source: ttp://www.feia.gov/library/viewRecord.do?id=3629 North Central Texas Council of Governments Regional Mitigation Strategy ¢ 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 E E E E E E n 0 a - ~ H I e6 h3 o 1 2.. r v o m - m E _ o v c v v o°-m w o = o ° E 3 cc 'L -o w mr o z"vm e - `-~v" Ea _ ~v o~ n~ cv~~ o v oo E°r_ -m~ c ao v - N o ;r m-" r " m m _w v a -mg ~o o 'o E -L Z~ h3 2.2 c E " r o U ` U° E r a E r `m 2 o w - m- N" o m r° to v m o m ` d o T v m 3 m o u c cw 15 ~w 2w 15 -2 c' m. ..m l~ cc Q o. .5 $ 3 -m o' -w a c -o i F _ o v v v zz ] - m o w w- 3 o m m- v a E T v o 5= v¢ w m m E m _ r N U m > o o m 5 cm m m,U c'o m m E? 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In concurrence with the anniversary date annually, the NCTCOG EP will solicit monitoring reports from the participating jurisdictions. Progress on the implementation of the strategy and mitigation actions will be included in the reports from each jurisdiction. In order to monitor, each jurisdictions' representative will tour mitigation sites and report on the project schedule and its implementation. 6 ~ The Denton County Local Mitigation Strategy will be evaluated yearly, coinciding with the anniversary date. The NCTCOG EP department will function as the coordinating point of contact for the participating jurisdictions. Each jurisdiction will evaluate its data in an effort to keep track of vulnerabilities which have changed and to ensure that goals and objectives are kept current. The plan will be evaluated by the following criteria: Is the natural hazard analysis accurate? Are the goals and objectives being met through mitigation projects or other city planning mechanisms? Are the identified mitigation projects relevant to current the resources and the current situation? Are mitigation projects being implemented effectively? Is the hazard mitigation plan being incorporated into other city planning processes? What are the results of public comments? J The Denton County Local Mitigation Strategy will be updated within the allotted five- year cycle in accordance with 44 CFR Section 201.6. The update process will include the annual reports from the monitoring and evaluating periods. The NCTCOG EP department will use the annual monitoring and evaluation reports to make changes to the mitigation plan, vulnerability analysis, goals, and action items. The Denton County Local Mitigation Strategy will then be resubmitted for update approval. The participating jurisdictions in the Denton County Local Mitigation Strategy recognize the importance of incorporating mitigating activities throughout city planning efforts. Other local planning mechanisms have been identified to include: Building codes, Planning and Zoning Ordinances, Fire Codes, NFIP, and Capital Improvement Plans. During annual evaluations of the identified planning mechanisms the Local Mitigation Strategy's Goals and Mitigation Action Items will be taken into consideration. During strategic planning cycles, members from the Hazard Mitigation teams will be available to provide data and input as the County Commissioner's Court and City Councils provide direction as to what areas of public safety and hazard mitigation they would like to see addressed and funded. Hopefully by funding mitigation strategies each year through normal and CIP processes, future impacts of hazards can be lessened which will save lives and money for the Cities and Citizens in the Denton County Local Mitigation Strategy. The Denton County Local Mitigation Strategy participants currently have an Emergency Operation Plan. The DeLMS will support Annex P: Hazard Mitigation of the EOP for future submissions. DeLMS participants will be adopting the approved plan and will incorporate it into their existing local plans used for zoning and land use. All participants will follow local laws and guidelines when incorporating the DeLMS in their existing plans that are relevant to Hazard Mitigation. Each incorporating mechanism will follow their local laws or guidelines necessary for implementation through open forum public meetings. Each participant will monitor the incorporation into other planning mechanisms and report the success or failure in the annual report to NCTCOG EP. With each update, all participants will be informed of the changes. Also, North Central Texas Council of Governments Regional Mitigation Strategy the DeLMS will be incorporated into the State of Texas Hazard Mitigation Plan through the risk assessment and mitigation strategies during their updating process every three years. 1The Denton County Local Mitigation Strategy recognizes the importance of public input for plan success. To continue to engage the public in the planning process, the completed Hazard Mitigation Action Plan will be posted on the NCTCOG Emergency Preparedness website as well as participating jurisdiction's websites. The Denton County Local Mitigation Strategy will be on file for public review at city libraries. The public will be encouraged to review the planning document and provide comments to the appropriate Emergency Management Coordinator. With each plan update, a public hearing will be held to seek comment from interested citizens and business owners relating to the Denton County Local Mitigation Strategy. The Hazard Mitigation Action Plan provides an excellent avenue for residents to exchange quality information and improve the county response to emergencies. This may be accomplished through speaking engagements, future surveys, website information, disaster awareness campaigns, information pamphlets, and coordination with the University of North Texas Emergency Administration and Planning program, among other opportunities. Public comments will be used to make appropriate changes and guide direction in implementing mitigation strategies. Denton County ® Chapter Five Documentation from planning meetings Multi-Jurisdictional Hazard Mitigation Action Plan Agenda December 18, 2006 1:30 pm - 3:30 pm City of Irving Civic Center ❖ Round Table Introduction ❖ Brief Overview ➢ Risk Assessment ➢ Grant Process & Current Status ❖ Purpose ➢ Annex P ➢ Future Grants ❖ Local Participation ➢ NCTCOG Approval Deadlines ➢ Timeline ➢ Requirements ➢ Goals ❖ BREAK ❖ Online Process ➢ Stage One: The Planning Process ➢ Stage Two: Hazard Analysis ❖ Resources ➢ How-To-Guide ➢ Mitigation Best Practices ➢ NCTCOG ➢ Handouts LLI <'L M N q IV) l~ c tai- CJ V E a J c Q .l It f- ( c z 1 90 its `S J c . or Q `D O \rJ t~ Multi-Jurisdictional Hazard Mitigation Action Plan Agenda January 25, 2007 2:00 pm - 4:00 pm NCTCOG Centerpoint III ❖ Round Table Introduction ❖ Brief Overview ➢ New Participants ➢ Goal ❖ Status ➢ Participants ➢ Public Participation ❖ Timeline ➢ Project Extension ➢ NCTCOG Approval Deadlines ■ March 2, 2007 ➢ GDEM Deadline ■ March 30, 2007 ❖ Next Steps ❖ Questions and Answers ❖ Announcements ➢ EMAT Conference April 2-4 ➢ Statewide Hurricane Exercise April 24-27 ➢ Disaster Recovery Course April 24-25 ➢ State Hurricane Conference May 8-10 ➢ Regional Exercise July 10-11 ➢ Texas Homeland Security Conference December 3-7 E F C V r u _ ? ° = v n IC ~ ` rr f~ s T, D r ;w = J D L ti CSy v D _ ~ ~ r~ a ili ~ x s ~ r D ~Yj w "1 rte,. 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I z 6 Q c Q. g • Central Texas Council of Governments 5.23.07 2:OOPM Regional Hazard Mitigation Action Plan Status Update Agenda ❖ Round Table Introduction ❖ Brief Overview ❖ Participants ➢ POC List ❖ Upcoming Process ➢ Monthly Visits ➢ Technical Assistance Workshops ❖ New Information ➢ Project Name ➢ Layout ➢ Goals & Action Items ❖ Questions and Answers ❖ Announcements HUREX Exercise June 4-8, 2007 Regional Tactical Interop Communications Exercise November 6-7, 2007 IAEM Annual Conference, Reno Nevada November 11-15, 2007 GDEM Conference, San Antonio Texas December 3-7, 2007 ❖ Handouts Training Schedule 2007 Population Estimates "What is NCTCOG?" 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PS C r V Uv V ~ O O~ L U ~ ~ F I I I ~ r~ I i ! 1 J i 3 ~ ( I ~ r I i C ~iI i i i i I ( i I,r~i I i ~ ~ J c i I i( l i j i' I I t I ~ I I i~ ( ~ I j I I i I I k Regional Mitigation Strategy January 7, 2009 Denton County Local Mitigation Strategy Working Group Agenda ❖ Review of Submissions to NCTCOG ❖ Requested Revisions ➢ Changes as of October 1, 2008 ➢ Lessons Learned ❖ Questions and Comments ➢ Deadlines tt ://vcc. ctco .org/o sy c/data/ 8 680b09c9 b 63690c 802975e783/a90597 29 81 b680e3c38e2cbbe69/2072706a5b89a53bc6831 a218/transcript files/ transcript 12170.t I r a' R o n - m a ,1 v o - z N - s9 A' - Ihl it I - ~ ~ VIII _ ~ ~ uun R7 uun - y,. CL n _ 0 co x ~I III I ~ LJ Z3 ' Y IIUP ~ ~ ~ c~ co x UU Ly " 3 o C~ U =1 u z _ N O O n N O _ LJ O N U E t4 co p O m E p-. co C O - - -0 @ M J C N co O I co p O O c7 o , co 0 o N M N p 11? a x m ID - s L) a a (D ~D w ~A A (3A m rjl, o x [a . . . - - H s = I n _ n `n n li 1 L LL n rn y 8 ~ m o 0 - - N ~ v C ~ y p C C ry C V y ZZ C - m 3 p L V- E„ E U m c v o r m~~ m~ m ~ ~ s - N t C rn 9 m T m 9 r. 'yJ+ tj W } ¢ "m E m w m m `m m v E mm ~ _ - L_ Q _ rC N a N~ ¢ m a N 4 i J O 6 F - L = N ] o d L) 6 H H N-. v O~ p O O V " ~ m U ~ ~ - L ~ li Y C V V V~ r Z U ILL Z ~n H N H am+ V •Z av I , ~ L u J, s HIM Regional Mitigation Strategy January 22, 2009 Denton County Local Mitigation Strategy Working Group Agenda ❖ Public Meetings Requirements ❖ NFIP Requirements ❖ Questions and Comments ➢ Deadlines t ] #sr=rae=-,a ire' `-]S ,Lfi i11 ,l PLxte - -i. r-'r tr. I.: -fit- _,-J .IF ] -Cr r F iggional Mitigation Strategy January22,2009 a~aa :roe, PIE. e dld~ - LTne6 ~wM1eel at- red avow and mange v ,name -y Denton County Local Mitigation Strategy Working Group Agenda I.. } Public Meetings Requirements C.,,,. uttie, city of Tne colony NRP Requirements iamle MPPre, Denm~ eP~~ey - a-.e Pian, coenth •e Questions and Comments Ma,k Wilk-, Dem- Co y ➢ Deadlines Mike Penaluna, C y of Denton Dope L.,u~,~e _jU - Amanda Burnett Subject: City of Denton DeLMS Mtg (Ab, Kh) Start: Fri 9/18/2009 9:00 AM End: Fri 9/18/2009 10:00 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: Amanda Burnett Required Attendees: Kelsey Hester; Kathryn Cane Location: 332 E Hickory Denton, TX Meeting: Final review of assessment Final review of mitigation projects Contact: Emergency Management Coordinator 1 Amanda Burnett Subject: Denton County Planning Mtg (Ab, Kh) Location: Denton County Start: Fri 9/25/2009 9:00 AM End: Fri 9/25/2009 10:30 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: Amanda Burnett Required Attendees: Kelsey Hester Location: 9060 Teasley Lane Denton, TX Meeting: Final review of vulnerability assessment Addition of mitigation action items Point of Contact: Emergency Management Planner 1 Amanda Burnett Subject: Corinth Planning Mtg (Ab, KH) Start: Fri 9/25/2009 10:30 AM End: Fri 9/25/2009 11:30 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: Amanda Burnett Required Attendees: Kathryn Cane Location: 3101 Garrison Corinth, TX Meeting: Final review of vulnerability assessment Addition of mitigation action items Point of Contact: Emergency Management Coordinator 1 Amanda Burnett Subject: Lewisville LMS Meeting (Ab, Kh) Location: Lewisville Start: Thu 10/1/2009 1:00 PM End: Thu 10/1/2009 3:00 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: Amanda Burnett Required Attendees: Kelsey Hester; Kathryn Cane Location: City Hall 151 West Church St. Lewisville Meeting: Discuss the planning process Meet with other HMT members Vulnerability Assessment Discuss mitigation project planning Contact: Emergency Management Coordinator 1 Documentation from public meetings The following publications were utilized to invite interested parties in The Colony to public meetings on June 8, 2004 and June 9, 2004. InsidER ~0 in environment Ad=L inside development hams I i n k ImLI Action Forum and Public Meetings r There will be a Mitigation Action Forum held from 9:30 a.m. to 3:30 P. in. on May 25, 2004 at the NCTCOG offices to address mitigation strategies. Discussion of mitigation strategies for severe weather hazards v, ill take place in the morning and mitigation strategies for geologic hazards in the afternoon. it] this i isti In June, there will be a Public Hearing on June 8, 2004 from 7:00 p.m. to 9:00 p.m. and also on June 9, 2004 from 1:00 p.m. to 2:30 p.m. The June 8th meeting was scheduled in the evening due to several requests. We hope this schedule will allow for you to attend one of the two public hearings. Please check the Haz AP we site regularly for any additional meeting information and 10 schedule updates. The target schedule is to have the mitigation strategies portion presented at the June 24th NCTCOG Executive Board meeting for approval. Please direct questions or comments to Sam Brush, Manager of Environment & Development, and HazMAP Project Coordinator at (817) 695-9213 or sbrush a nctcog.org. Upcoming HazMAP Review Team meetings: • May 13th from 9:30 a.m.-11:30 a.m. • June 9th from 2:30 P.m.-3:30 p.m. Ha/MAP Photo Gallen is novv on-line! To do\\nload hazard hlctures o t0 • Central Texas Council of Governments DFWINFO.COM Legal Disclaimer North Central Texas Council of Governments 616 Six Flags Drive P.O. Box 5888 Arlington, TX 76005-5888 Main Operator: (817) 640-3300 Fax: (817) 640-7806 http: w~w.df-,info.com/anvif/insider nev s04nnaN Hazni 1P.asp4/30 2004 9:07:03 NI 1 x z O Op O O J O O O00000, Prevent / Disaster.. Happily EverAfter For more information regarding what your community can do to reduce or eliminate the long-term risks of natural and technological hazards and their effects, please contact your local official at or visit our website at www.hazmap.dfwinfo.com H A ')tM A P HAZARD MITIGATION ACTION FLANNINe FaR NORTH CENTRAL TEXAS J ~Q 0 0 000 0 0 0100 o 0 0 00 001 Prevenga un desastre Viva Feliz para siempre. II i I OO Prevent a Disaster.. Live Happily EverAfter -term risks of For more information regarding what your community can do to reduce or eliminate the long natural and technological hazards and their effects, please contact your local official at • • website at www.hazmap.dfvvinfo.com AIMK~- H A M A P HAZARD MMGATION ACT~ON PLANN~NG FoR NORTH CENTRAL TEXAS ~O QO Prevenga un desastre Viva Feliz para siempre. l r 1 ` ~V Prevent a Disaster.. Live Happily EverAfter For more information regarding what your community can do to reduce or eliminate the long-term risks of natural and technological hazards and their effects, please contact your local official at • • website at www.hazmap.dfwinfo.com Aip AMI~' H A M A P HAZARD MITIGATION ACTION PLANNING FOR NORTH CENTRAL TEXAj 40 V S U r~ Prevenga un desastre Viva Feliz para siempre. A Denton County Public Survey Results November 2004 Rank These Hazards in Totals Ranking Your Family is Least Prepared Totals Ranking order of Importance for Severe Feather 272 1 Terrorism 272 1 Air Quality 272 2 Transportation 272 2 Fire 272 3 Public Needs 272 3 Extreme Heat 272 4 Severe Feather 272 4 Flooding 272 air Quality 272 Transportation 272 6 Civil Disturbance 272 6 Public Needs 272 7 Flooding 272 7 Public Health 272 8 Public Health 272 8 Terrorism 272 9 Fire 272 9 Civil Disturbance 272 10 272 10 County is Least Prepared Totals Ranking Importance of Reducing Risk Totals Number of for: Votes Terrorism 272 1 eery Important 272 133 Air QualitV 272 2 Important 272 91 Transportation 272 3 average 272 35 Public Needs 272 4 Not 272 Public Health 272 Not at all 272 Flooding 272 6 No answer 272 3 Severe Feather 272 7 Civil Disturbance 272 8 Extreme Heat 272 9 Fire 272 10 272 Countv Disaster Preparation Totals Rankin Prepared 102 1 Somewhat 79 2 Well 59 3 Not at All 15 4 No answer 10 Verb Well Prepared 7 6 272 mot n,; i r v f~ I l3y t DEPAC ENTO EMERGENCY PREPAREDNESS ADMIT Y COUNCIL, November 15, 2007 fety_ Men Denton Recycle Center 1722 Cooper Creek Road 10:00 MA, Discuss Wo 11 Topics AWelcomelintroductions O Business Update on .safety- fi n TT C. New Business Newsletter Pub E Handouts, including KnoWhat2do replenishment Upcoming Training Opportunities - Denton State Upcoming FIt-Scale erchse - Robson Grant Submissions ` Hazard r"tlq tlorr Plan Review State & FE g r; Bob Sorenson, Facility Manager and Kem + bwa „ 'Environmental, Health 'safety Manager Adjourn i ~ I' i „ D L Office of Einergenc), Alonagetnew DEPAC DENTON EMERGENCY PREPAREDNESS ADVISORY COUNCIL Tuesday, July 24, 2007 DFD - Central Fire Station 332 E. Hickory Street 10:00 A.M. Discussion Topic s A. Welcome/introductions B. Old Business Update on Airport Exercise - May 30 Update on Severe Storms in April and June (HAZMAP) C. New Business Upcoming Training Opportunities Upcoming Tabletop Exercise Local Warning System Messages Questions/Comments/Announcements D. Guest Speaker: Mr. Ed Ellis, Disaster Relief Coordinator U.S. Department of Housing & Urban Develop. E. Adjourn l . : r t W. t LL • a ~ r. w ~ I y • r W i~ y ' ; k4u i . ~ 444 a ;j J , • _ ,y, y i ~ 1 , w a „h ' , ~ ~ a.4 .y , wj: t ,y, ~ .y C ~ ` ~ . c .Q ~ .~.r ~ ~ . ~ _ W ; ~ I- H ~ 1 ~ y ~ H - - _ ,..i - j. max, ~ ~ ~ _ . ~ I~~ , . _ k.,,.-- Y., ~ ' i k$f i „Office of Enter, ency Managenrex DEPAC DENTON EMERGENCY PREPAREDNESS ADVISORY COUNCIL Wednesday, January 31, 2007 DFD - Central Fire Station 332 E. Hickory Street 10:00 A.M. Discussion Topics A. Welcomelintroductions B. Old Business Update on EMAT Workshop - April 2-4 Update on Regional Public Education Programs Update on GETS C. New Business Director Paulison's Presentation at UNT Hazard Mitigation Plan ICS 300 & 400 NIMS Courses - February 19-21 Pipeline Emergency Training - February 19-21 Severe Wx Preparedness Program & Expo Feb. 24 Volunteer Management Conference - March 2 Full-Scale Disaster Drill -April 10 Disaster Recovery Course - April 24-25 Statewide Hurricane Exercise - April 24-27 State Hurricane Conference - May 8-10 Regional Interoperability Exercise -July 10-11 State Citizen Corps Conference - July 18-19 (tentative) Texas Homeland Security Conference - December 3-7 Questions/Comments/Announcements D. Guest Speaker: Col Young, Defense Coordination Element 1 ii fn i i d I , e t r 1 ~1 v. i t1J d'- r I ` 4 s d x ~ '9 L 1 Leh i 1 ' ,1 N t in . n I I. II i I W ~ ~,I. I h1 11 a Y. ~ p~, r. s I 6 v. 1 i u; Fi I 1 u ..,w h o"` ~VI i' 4i~,~ y JAY EL r eI P 5 it ~ t I l LLJ r CO co 0) CD r r r r N Regional Hazard Mitigation Action Plan (HazMap) In response to a nationally identified need to reduce our vulnerability to dis- asters, the North Central 'T'exas Council of Governments (NCTCOG) i co- ordinating multi-jurisdictional Hazard Mitigation Action Planning; (HazMap). Currently, NCTCOG is collecting local 'jurisdictional data in an effort to reach a March 30, 2007 deadline for aMulti -Jurisdiction Haz'41ap. The online forms are in three stages. Stage One addresses the requirements re- garding the local planning and implementing process. Stage Two identities the regional goals and local jurisdictional objectives. Finally, in Stage Three local jurisdiction: xvill complete a hazard. analysis for the identified hazards in the NCTC OG Disk 'analysis. All forms must be completed and SUbmitted before March 2, 2007 in order for the local jurisdiction to participate in this phase of the NCTCOG Multi- Jurisdiction Hazard Mitigation Action Plan i i. 4 I yli y 1 I r:. t1I ~,44~ . y Peneim, Tae.vm 76 201 TM 04k) 349-8436 FAX (94fiP,,, 341!` -1W41 fl~flce rtf Etnergene 11l-lanagetrient DEPAC DENTON EMERGENCY PREPAREDNESS ADVISORY COUNCIL Thursday, May 24, 2007 DFD - Central Eire Station 332 E. Hickory Street 10:00 A.M. Discussion Topics A, Welcome/lntrod uctions B. Old Business update on EMAT Workshop April 2-4 Update on Airport Exercise - May 30 Update on Severe Storms in April C. New Business Presidential Disaster Declaration IA, PA & HMGP (HAZMAP) EOC Activation/Staff Notification Siren System Activated - Monday, April 30 Hurricane Awareness Week - May 20-26 Statewide Hurricane Exercise - June C State Citizen Corps Conference -.July 19-20 Texas Homeland Security Conference - December 3-7 WMD/Terrorism Functional Exercise: • Orientation Meeting - My 12 • Planning Meeting August 14, • Senior Officials Workshop (SOW) - August 28 • Public Information Officers (PIO) Course - September 18-I9 • Tabletop Exercise - October 3 • Regional Exercise - November 6-7 Questions/Comments/Announcements D. Guest Speaker. Summer Wilhelm, EW/TC OEM Coord..,,ti~,.i'~tir~, Fs~ Project i ,u • r , k , , c , L V } 0 ~ i y W , v 4 r W C J ~h " w: b f'd ~t v~ 1-tI PUBLIC NOTICE SUPPLEMENTAL AGENDA NOTICE OF A CITY COUNCIL SPECIAL SESSION THURSDAY, APRIL 24,2008,5:15 P.M. CITY HALL - A reasonably unforeseen situation has arisen that creates an urgent public necessity that requires immediate action by the City to preserve property of the City and its Citizens. A supplemental item needs to be added to the agenda for the April 24, 2008 Council Meeting at 5:15 p.m. so that the City Council may review the FEMA Hazard Mitigation Plan in order for the City to become eligible for Federal Disaster Assistance should a natural or man made disaster strike the corporate limits of the City of Corinth. NOTICE IS HEREBY GIVEN that the agenda is amended to add the following Report. The additional Agenda item is as follows: REPORTS: Receive report from Joseph Piatt, Emergency Management Coordinator regarding the Hazard Mitigation Plan for the City of Corinth. Posted this 24th day of April at 9:15 A.M. on the bulletin board at Corinth City Hall. Kimberly Pence, City Secretary City of Corinth, Texas Corinth City Hall is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 940.498-3200 or FAX 940.498- 3205 for more information. BRAILLE IS NOT AVAILABLE City of Lewisville Hazard Mitigation Public Involvement September 26, 2009 Western Day September 27, 2009 Wal-Mart Public Education Booth During these events an opportunity was given to complete a mitigation survey and ask questions to the Emergency Management Coordinator and volunteers. b. t - F(7L r A 1 ~1 r r " A< "0~ a' R N, ykl5i HH, , .'y'_ s' y 13 5 f ~ i / City of Lewisville Hazard Mitigation Survey Understand Mitigation?? # Yes # No 23 8 Hazard # of Times in Survey Hail 1 Tornado 13 High Winds 7 Flooding- Flash 2 Flooding 14 Severe Weather 4 Crime 1 Leaves 2 Debris 1 A-Train 1 Rain 1 Roof Damage 1 I-35&Main Bridge Shaky 1 I-35&Garden Ridge Dangerou 1 Contamination 1 I-35&Garden Ridge Floods 1 Uncontrolled Constriction 1 Quality of Water 1 Landfill Slides 1 Wind Tunnel Effect 1 Micro-bursts 1 Not enough warning systems 2 City Mitigation Projects # of Times In Survey Drainage 13 Code Enforcement 3 Constriction Projects 7 High Wind Straps 3 More Officers Patrolling 1 Public Education 6 More Sirens 2 Home Mitigation Projects # Yes # No 11 21 If yes what project? # of Times in Survey Composite Shingles 8 Flood Prevention 2 City of Lewisville Hazard Mitigation Survey Better Understanding of Mitigation?? 4 Yes 4 No 28 4 The following purchase request and statement were published in the local paper for Denton County. Denton County Papers Local citizens, neighboring communities, local business, academia, agencies, and nonprofits are invited to review the Denton County Local Mitigation Strategy (Consisting of: Denton County and the Cities of Corinth, Denton, The Colony, and Lewisville). It will be available during November 5 to 9, 2009 at the following website: http://www.nctcog.org/ep/Special_Projects/RMS/. North Central Texas Council of Governments PURCHASE REQUISITION LINE ITEM QUANTITY DESCRIPTION EST. PRICE ACTUAL COST TO ORDER (please include model number or order number here) Admin Use Only Legal Notice for Denton and Collin County papers to begin Thursday, November 5th and Friday November 6th See attached for verbage kz-> LL SE Cotl~~, C b _ Ski Lit 92 $ - Requisition Date: 11/2/2009 Requisitioned by: G. Rippin Department: EP Date Needed: 11/5/2009 Suggested Vendor(s): Account No.(s): GL ORG Project Code 5707-00 3809 034685 Program Director's gnature Approved for Purchase Sample Resolution Sample Draft Resolution for Approval of Denton County Local Mitigation Strategy WHEREAS, (Insert name of Jurisdiction), with the assistance from the North Central Texas Council of Governments has gathered information and prepared the Denton County Local Mitigation Strategy; and, WHEREAS, the Denton County Local Mitigation Strategy has been prepared in accordance with FEMA requirements at 44 C.F.R. 201.6; and, WHEREAS, (Insert name of Jurisdiction) is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, (Insert the name of the governing body) has reviewed the Plan and affirms that the Plan will be updated in accordance to the plan maintenance process described; NOW THEREFORE, BE IT RESOLVED by (Insert the name of the governing body) that (Insert name of Jurisdiction) adopts the Denton County Local Mitigation Strategy as this jurisdiction's Multi-Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan subject to available funding. ADOPTED this day of , 200_ at the meeting of the (Insert the name of the governing body). Insert appropriate signature lines and dates NOTE: This is only a sample of a draft resolution. Each participating jurisdiction in the Denton County Local Mitigation Strategy may use this or another resolution template for the plan to be adopted. AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Planning and Development/Community Development ACM: Fred Greene SUBJECT Receive a funding recommendation report from the Community Development Advisory Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a discussion regarding the proposed 2011 Action Plan for Housing and Community Development and give staff direction. BACKGROUND On an annual basis, the City of Denton prepares an Action Plan for submission to the US Department of Housing and Urban Development (HUD). The Action Plan serves as the City's application for Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs. Last year, using a process with input from citizens and local non-profit organizations, staff developed Denton's 2010 2014 Consolidated Plan for Housing and Comnninity Development. The Consolidated Plan is a five-year strategy detailing proposed housing, social services and public works projects benefiting low and moderate-income households and neighborhoods. Annual action plans are developed based on the strategies outlined in the Consolidated Plan. The 2011 Action Plan represents the second year in the City's five-year strategy. Public hearings requesting citizen input regarding the use of CDBG and HOME funds were held in December 2010. Spanish translation was available at both public hearings. Public hearing outreach included the following: 1. Newsletter and flyers sent out to Community Development mailing list; 2. Emailed neighborhood association representatives asking that they forward public hearing information to their members. 3. Contacted several churches in low/mod neighborhoods including churches with Spanish- speaking congregations and requested that they announce the hearing schedule; 4. Posted in MLK Jr. and Denia Recreation Centers; 5. Delivered flyers to Borman, Lee, Rivera, and Newton Razor elementary schools to be sent out in packet to parents. 6. Emailed board and commission liaisons asking them to send information to committee members; Agenda Information Sheet May 17, 2011 Page 2 7. Posted on the City's website; 8. Newspaper advertisements. Application availability was advertised from November through December. Staff held application workshops in December and January. The CDAC and the HSAC reviewed applications and held funding hearings in February and March. Each committee developed a set of funding recommendations to present to City Council. These recommendations were recently revised as a result of a reduction in the City's CDBG and HOME allocations. Staff has developed the 2011 Action Plan based on these recommendations and the estimated reduction in funds. Administration activities are also included in the Action Plan. Please refer to the 2011 Action Plan for additional information and minutes of the CDAC and HSAC meetings. ESTIMATED PROJECT SCHEDULE Public comment period April 8 through May 9 Public Hearing May 3, 2011 CDAC & HSAC presentation to City Council May 17, 2011 Action Plan approval June 7, 2011 Submission of Action Plan to HUD June 15, 2011 HUD release of funds & program initiation August 1, 2011 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee (CDAC) reviewed requests for housing and infrastructure improvements. CDAC recommended $1,099,953 in CDBG and, HOME funding be allocated to various projects and programs. The Human Services Advisory Committee (HSAC) reviewed requests for social services program funding. HSAC developed recommendations for use of both CDBG funds and City general fund dollars. Though the list of general fund recommendations is included in the Action Plan, the approval of the Plan does not include approval of those recommendations. General fund recommendations will be considered during the normal budgeting cycle. HSAC recommended awards of $124,943 in CDBG funding to various programs. FISCAL INFORMATION All projects and programs approved under the 2011 Action Plan are funded through CDBG, HOME and program income from the use of these funds. No general fund dollars are included in the proposed Action Plan activities. Some general funds are budgeted for program administration. Agenda Information Sheet May 17, 2011 Page 3 EXHIBITS 1. CDAC Funding Recommendations Chart 2. HSAC Funding Recommendation Chart 3. Draft 2011 Action Plan for Housing and Community Development Respectfully submitted: Mark A. Cunningham, AICP, CMP Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator EXHIBIT 1 STAFF RECOMMENDATIONS April 22, 2011 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FUNDING RECOMMENDATIONS FOR CDBG AND HOME FUNDS 2011/12 PROGRAM YEAR FUNDING CDBG HOME TOTAL 2011 APPLICATIONS REQUEST FUNDS FUNDS RECOMMENDED Denton Affordable Housing $85,000 $0 $100,000 $100,000 Clifton St. Sewer $60,500 $56,991 $0 $56,991 Morse St. Sewer $362,000 $341,004 $0 $341,004 Alexander Sewer $60,200 $0 $0 $0 Baldwin & Ramey Circle Water Line $168,500 $0 $0 $0 Duncan/Kerley Water & Sewer $371,000 $0 $0 $0 Egan St. Sidewalks $93,200 $0 $0 $0 Crescent Sidewalks $149,100 $0 $0 $0 Denton Christian Preschool $13,895 $0 $0 $0 Singing Oaks $568,000 $0 $0 $0 Home Improvement Program $405,985 $37,145 $357,603 $394,748 Homebuyer Assistance Program* $42,150 $47,060 $42,150 $89,210 Minor Repair Program $175,000 $118,000 $0 $118,000 TOTAL FUNDING RECOMMENDED $2,554,530 $600,200 $499,753 $1,099,953 TOTAL FUNDING AVAILABLE F $600,200 $499,753 $1,099,953 UNPROGRAMMED FUNDS $0 $0 $0 Shaded requests are HOME eligible activities Note: * $50,000 in funding requested under the Minor Repair Program to renovate Homebuyer Assistance Program (HAP) housing units was transferred and added to the HAP funding recommendation. EXHIBIT 2 2011-12 Human Services Advisory Committee Recommendations for Funding 2011-2012 2010.11 Fund Award General ORGANIZATION Request Recommendation CDBG Fund 1 Camp Summit 2,944 20,000 2,000 2,000 2 Court Appointed Special Advocates (CASA) 11,000 15,000 9,500 9,500 3 Children's Advocacy Center 9,833 100,000 7,040 7,040 4 City of Denton - PARD - MILK Program 14,025 37,599.48 12,000 12,000 5 Communities in Schools 5,000 10,000 7,000 7,000 6 Day Stay for Adults 6,778 8,000 5,100 5,100 7 Denton Christian Preschool 22,056 22,500 22,056 22,056 8 Denton City County Day School 26,222 35,000 26,550 26,550 9 Denton County Friends of the Family 26,111 30,000 24,940 24,940 10 Family Health Care, Inc. 21,787 23,500 19,000 19,000 11 Fred Moore Nursery School, Inc. 23,556 23,721 23,556 23,556 12 Health Services of North Texas 22,394 47,500 21,990 21,990 13 HOPE, Inc. - Transitional Housing 21,889 23,000 20,930 17,685 3,245 14 HOPE, Inc. - HMIS 18,000 18,000 18,000 18,000 15 Knights of Light Charities 25,000 0 16 Retired Senior Volunteer Program 7,900 10,000 7,900 7,900 17 Special Programs for Aging Needs (SPAN) 22,167 25,000 21,000 21,000 Total 261,662 473, 820.48 248,562 119,837 128,725 Did Not Request Funds for the year specified FUND 2010-11 2011-12 General Fund $115,345 $119,837 CDBG $146,317 $128,725 Total $261,662 $248,562 Revised 5/3/11 2011-12 Estimated EXHIBIT 3 ctJ' i of Denton DRAFT Action Plan for Ho using and Community Development 2011 Program Year } { Housing Park Facilities Jr I A~ 7 Public Improvements Human Services Prepared for the U. S. Dept. of Housing and Urban Development To be submitted to Denton City Council on May 17, 2011. To be submitted to the U. S. Department of Housing and Urban Development in June 2011. www.cityofdenton.com ADA/EOE/ADEA TABLE OF CONTENTS A. Executive Summary of Action Plan 1. Introduction ..................................................................................................................1 2. Funding Summary ........................................................................................................2 3. Local Match ..................................................................................................................4 4. Citizen Participation .....................................................................................................4 5. Amendments .................................................................................................................5 6. Evaluation of Past Performance ...................................................................................5 B. Projects/Activities 1. Summary ......................................................................................................................7 2. CDBG and HOME Proposed Projects ..........................................................................8 3. Other Resources Available .........................................................................................16 C. CP Strategies and Proposed Projects 1. Housing Strategies ......................................................................................................17 2. Continuum of Care Strategies ....................................................................................18 3. Lead-Based Paint Strategies .......................................................................................20 4. Human Services Strategies .........................................................................................20 5. Infrastructure & Public Facilities Strategies ..............................................................22 6. Demolition Strategies .................................................................................................22 7. Anti-Poverty & Economic Development Strategies ..................................................22 8. Barriers to Affordable Housing ..................................................................................23 D. Proposed Project Map ......................................................................................................24 E. Other Program Requirements 1. HOME - Forms of Investment ...................................................................................25 2. Monitoring Standards and Procedures ......................................................................25 3. Public Housing Improvements ...................................................................................26 4. Public Housing Resident Initiatives ...........................................................................26 5. Institutional Structure .................................................................................................26 6. Chronic Homelessness ...............................................................................................27 7. HOME - Minority Outreach Program ........................................................................28 F. Community Development Minutes 1. Minutes from Public Hearings ...................................................................................29 2. 30-day Comment Period .............................................................................................31 3. Human Services Advisory Committee Minutes .........................................................32 4. Community Development Advisory Committee Minutes ..........................................54 G. Appendix 1. SF 424 Application for CDBG Grant .........................................................................70 2. SF 424 Application for HOME Grant ........................................................................71 3. Certifications for CDBG and HOME .........................................................................72 4. Table: Annual Housing Completion Goals ...............................................................80 EXECUTIVE SUMMARY INTRODUCTION This document serves as the City of Denton's 2011 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs. In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as amended, the City of Denton is required to submit a One-Year Action Plan to the U.S. Department of Housing and Urban Development. The plan outlines the specific projects and services that will be funded during the 2011 program year to address Denton's strategies stated in the 2010-2014 Consolidated Plan for Housing and Community Development. The following five-year strategies were identified in 2010 year and are reaffirmed this year: ■ Housing Strategies: Assistance to Renters, Owners, and Homebuyers and the Production of Affordable Units; ■ Continuum of Care Strategies: Prevention Homelessness, Outreach and Assessment, Emergency Shelter, Transitional Housing and Transition to Permanent Housing and Independent Living; ■ Lead-Based Paint Strategies: Education and Reduction of Lead-Based Paint Hazardous to Owners and Homebuyers; ■ Human Services Strategies: Improve availability and accessibility of basic food, emergency shelter, transitional housing, services promoting strong, supportive relationships for families, and basic health care and mental health services. ■ Infrastructure Improvement Strategies: Improvements to Streets, Sidewalks and Water/Sewer lines, Drainage Improvements, Rehabilitation and Expansion of Public Facilities, Park Improvements and Demolition of Substandard Strictures; ■ Anti-Poverty & Economic Development Strategy: Support Training and Employment Activities, Expand Education Opportunities, Support of Section 3 goals, and Support of Start-up and expansion industry. Page 1 FUNDING SUMMARY The City of Denton is currently an entitlement city for the Community Development Block Grant (CDBG) and a participating jurisdiction for the HOME Investment Partnership (HOME) Programs. SF-424 applications for CDBG and HOME are available in the appendix page 67 through 68. The table below shows the estimated federal funding available from the U. S. Department of HUD for the 2011/12 program year. The table below also indicates the amount of CDBG and HOME funds that will benefit low and moderate income persons. FUNDING SUMMARY 2011/12 Program year U. S. Department of Housing and Urban Development CDBG HOME TOTAL Entitlement Grant - Estimate $822,958 $510,281 $1,333,239 Reprogrammed Prior Years' Funds $62,558 $0 $62,558 Estimated Program Income $10,000 $45,000 $55,000 Total Funding Sources from HUD $895,516 $555,281 $1,450,797 Benefit to Low & Moderate Income Persons or Households $728,925 $499,753 $1,228,678 The City of Denton and subrecipients also receives many other federal, state, local and private funds during the 2011-12 Program Year to address priority needs and specific objectives identified in the City of Denton Consolidated Plan. A total of $9,839,064 in additional resources are proposed for the 2011/12 program year. A list of resources available to the City of Denton can be found on the next page and includes local, state and federal resources. Page 2 I~ O Lp V L() O O M L() O O W O Cfl O N O M O Co O Co L() CO V O V L() O O O O L() L() V Co O I~ O CO N V O O 0) V C) L() CO O O 0) N 0) N Cfl LD M O O M CO 0 ~ N W V Lc) N O I-- O Co Co L() Cl ~ L() Co ~ Co 0) Lc) N N I-- 0) F Z M M M M O 0) V I~ Cfl Co W W 0) CO CO N O r-- (0 (0 Lc) W 0 =D V EA N V EA EA Cfl M EA V V O EA V cn O EA m N r--- N LL EA EA EA EA EA EA EA EA N EA EA EA EA EA L A HJ HJ HJ W cn N Co O O V O O V cn CO CO CO L() O O O O L() m M O Q 0 l.C) O l.C) l.C) O l.C) l.C) Cfl O Cfl ~J Z CEO ~ O OI- O m N a. 7 V C7 69 Cfl N l.C) N Co d LL En cfl e» cfl e» cfl e» cfl N e» O V Co N cn O M cn O O O O O O Co (fl V N V 0) N L() M I~ L() O O N O O C7 0) O (fl - 0) Cfl C Y)- I~ O CO O O (3) ND t O LD M V 0) ch CY) CO N cn cn C7 0) O 0) O Co l.C) N O EfJ V Co N L() Co z N EA EA EA ea ea EA CID EA EA EA EA L() JQLL V ea co U O O L() O O O Co O Co l.C) N (6 O w O O CO O O O L() O L() N N I- LD a) O O O O O O O O L() V Co J C N L() CI I~ LD L6 N co co N ea co N Cf) EA N N CO (7 ea ea 64 ea ea ea 64 Z I) M W O CD O O O ~ W O N O Co CIV I-- V L() O O Cfl 0) L L() L() I- V M CO V N O 0) Co cn Q EfJ EfJ ~ ~ ~ ~ ~ co / N Q V LL 0) M I.L U Q p CO CO w CN CN Z ;Q N W Cf) C = M M G^ p li ~ M M CD O O if m m O CEO W a N M N ~ N m CD I- co CD C*~ co L O CO co Co Co V O z;; CID E» ea ea V m W ea ea ea O O O O N O O CD o M cl~ a ea ea b~A Z 0 cz CD CD CD CD f/) N O O r~ w o z a LL ~ ~ O N O co CC) co O V 0 Q w W Q LD O O LD r-- co LL EiJ EA ch Z O (n LU co COO C) W O Q 6LD r--- CD LD ? 6' ea O L() O O O O O O L() V O O 1 , a O 0) V CO O L() V O m V O O LL m O L(- O O m L() m O rn N O O LD O p N CO I- I- CO CO CO V 0) M L() CO c'7 V l.C) N N N ea V N m U ea ea ea ea ea ea ea ea co ea co ea ea ea ea .0.0.0 0 U ° U U U U U U U U U U ° 00 a~ m m cu N N N co cu cu cu cu m m m m m m m 0 0 0 -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q (n N N (6 L L L N N N L N N N N N N N N N N _ C O ~ cu a) C5 U N > Q 0` O O 00 E O 2 O (B U U LL C- N z n N L L N (n C C (6 U U N N -0 C > J E E E O ° o p o ° U Q n = (U 0- LU cu 0 0- _0 -5 cu E C~ C7 l1J 0 0 0 0 o cn Q in U ~i = = p o m O Q Cf) LL E n a~ a~ a~ a~ a~ ° o° o o ° w O p p p p p C, Q U U U U = 0 (n (n n CC Cf) l _0 LU 0 0 0 0 o E o U) o 0 0 0 0 ? = w o . c-c,° Q E E m- a) z U U U U U U U U U U o 0 0 0 0 0 11 LL _ :5 cn 0 LOCAL MATCH The HOME program requires a participating jurisdiction to provide a 25% match of the federal HOME funds. The City of Denton's local match for the HOME program is $113,688.25. The 25% match of federal HOME funds excludes administrative allowances of 10% and CHDO operating expenses. The City of Denton will provide the match from a variety of sources including the following: 1. Denton County Housing Finance Corporation and other non-federal funding awarded to Denton Affordable Housing Corporation and City of Denton. 2. City of Denton Impact Fee Grant Awards used to pay required impact fees on HOME eligible projects. CITIZEN PARTICIPATION To ensure citizen participation in the 2011 Action Plan process including the substantial amendment to the 2006 and 2010 Action Plan, the city followed its Citizen Participation Plan at all stages of the plan and amendment. Public hearings were held December 6th and 13th 2010. Spanish translations were provided at both public hearings. The public hearings updated citizens on the status of current programs and activities and asked the citizens how they felt the 2011 funds should be spent. Both of the public hearings were held within a low and moderate-income neighborhood. See page 29 for minutes of both public hearings. Information on the public hearings was included in the Community Development Quarterly Newsletter. The Community Development Quarterly Newsletter is was mailed or e-mailed to neighborhood associations; recreation centers and libraries; service agencies and beneficiaries; city council, Human Services Committee (HSC) and Community Development Advisory Committee (CDAC) members; churches; applicants; contractors; participating lenders; Realtors; employees; citizens who attended previous public hearings; and interested citizens. The newsletter which is in Spanish and English is available for pickup or viewing at all recreation centers, libraries, and the City of Denton's website. Flyers were also sent to the elementaries in low income neighborhoods to be included in their packets to parents. A notice was also placed in the Denton Record-Chronicle. After the Action Plan was drafted, advertisements were placed in the Denton Record-Chronicle summarizing the plan and announcing to the public where the Action Plan would be available for review, and the process for submitting comments to the City of Denton. The draft Action Plan was available at the Community Development Department and on the City of Denton's web page. The advertisements also included information on the upcoming public hearing. An ad was also placed in the quarterly Community Development Newsletter. All comments received from the public were addressed before submitting the plan to the U.S. Department of Housing and Urban Development. Comments received during the 30-day comment period will be included in the Action Plan. To ensure citizen participation at all stages of the 2011 Action Plan process, a public hearing will be scheduled on May 3, 2011 during a City Council Meeting to give citizens the opportunity to comment on the 2011 proposed projects and activities. Seepage 29 for minutes of the public hearing. Page 4 AMENDMENTS The City of Denton is amending the 2006 Action Plan to reallocate $23,000 in HOME funds to a new activity. In 2006 HOME funds were allocated to the Denton Affordable Housing Corporation to rehabilitee affordable housing units owned by DAHC. A total of $23,000 from these funds will be reallocated from the rental rehabilitation program to operating costs. The City of Denton is also amending the 2010 Action Plan to reallocate $7,013 in CDBG funds to an existing activity. In 2010 CDBG funds were allocated to the Owsley Summer Program, however, the program was eliminated due to budget cuts and issues with attendance. A total of $7,013 will be reallocated to the MILK Sumner program for the 2011 summer program. EVALUATION OF PAST PERFORMANCE The 2009-2010 year began with an effort by the City of Denton to access American Recovery and Reinvestment Act (ARRA) funding for important projects and to assist in job creation and retention. As a result of these efforts, the City was allocated approximately $3 million in ARRA funding. CDBG-R funding in the amount of $232,917 was available to assist with projects and programs benefitting low and moderate-income households and neighborhoods. Economic issues continue to have some negative effects on the City's Community Development activities. Though it appeared that the construction industry- was slowing down, prices for work completed on rehabilitation and reconstruction projects continues to increase. Decreasing CDBG and HOME funds have limited the number of units that could be assisted. Homebuver activitv continues at a normal level. Earlier in the year, with provision of the tax credits for homebuyers, the number of households requesting assistance peaked. Denton made significant progress toward meeting the 2005- 2009 Consolidated Plan for Housing and Community Development goals in the Home Improvement (HIP) and Homebuyer Assistance (HAP) programs. Staff continues to seek out additional funding sources. The City made application to the Denton County Housing Finance Corporation but was denied funding. Federal Home Loan Bank funds have been used over the past year to supplement both HIP and HAP. These programs, along with the City's Minor Repair Program continue to support the revitalization of older neighborhoods. Though these programs continue to be successful, recent funding cuts and economic issues have contributed to the fact that some five-year goals, stated in the Consolidated Plan, were not met. Continuum of Care activities continue to be successful. The strength and focus of the Denton County Homeless Coalition has supported annual awards of Emergency Shelter Grant funds from the State of Texas and Supportive Housing Program funding from HUD. As in past years, these funds are used by local agencies to meet the needs of homeless and potentially homeless individuals and families. Over the five-year period, five agencies participated in a collaboration that has been supported by the State's ESG program. Activities include homeless prevention, provision of essential services and payment of operating and maintenance costs for shelters. SHP funding continues to support the Homeless Management Information System for the Denton County Homeless Coalition. During the next two, Homeless Prevention and Rapid Re-Housing funds will be used to support similar activities throughout the Countv. It is evident from the number and range of public service activities supported by the City of Denton that this is a very important focus of Federal and local support. The City of Denton has a very- strong netkvork of local agencies that have been serving the community for decades. Health care remains a priority. The non-profit People's Clinic is no longer providing indigent care services. As a result of the loss of this agency, Health Services of North Texas (formerly AIDS Services) has stepped up and will begin providing some of the services previously provided by the People's Clinic. The City of Denton continues to support childcare for low-income families, services for the elderly and households affected by AIDS. Page 5 Several public improvement projects have been completed during the five-year period. One exception is that no drainage projects were funded during the current Consolidated Plan period. DrawdOwn of grant funding is completed on a monthly basis. Community Development expenditure records are reconciled Nvith those of the Accounting Department prior to any drawdoN-,n of funds. As a result of this reconciliation process and the time lapse between actual expenditure of funding and drawdoN-,n of Federal funding to cover expenditures, the City- of Denton has never draN-,n doN-,n funds prior to the expenditure. Denton is always compliant Nvith U.S. Treasury and U.S. Department of Housing and Urban Development drawdoN-,n requirements. Though some housing goals were not met, Community Development staff feels that the activities carried out and the successful collaborative efforts, have provided high level services for those in need in the Denton community and Denton County. CD staff Nvill continue working Nvith other housing organizations to increase capacity and seek out additional funding sources. The fact that many outcome measures exceeded the goals targeted in the Consolidated Plan would indicate success in serving the Denton community through these programs. Affordable housing, social services, neighborhood revitalization through housing improvements and public facility improvements will continue to be important focus areas for Denton Community Development. Strong collaborative efforts among the local service and housing organizations along with support from the cities of Denton and Lewisville, continue to expand opportunities for low-income individuals and households in an effort to help them reach self-sufficiency. Page 6 2011 PROJECTS/ACTIVITIES SUMMARY The City of Denton's estimated total federal and program income funding for 2011 is $1,450,797 (includes $58,776 of Reprogrammed Funds). Program funds have been allocated to an array of projects and activities to benefit low and moderate-income households. A total of 87.2% of all CDBG and HOME funds has been allocated to low and moderate income activities not including administration activities. Each project is described in detail from pages 8 to 15 and is arranged by alphabetically order. See the following list of CDBG and HOME proposed projects and activities for their assigned page number: National CDBG HOME Page 4 Project Name Objective* Funds Funds 8 CDBG Administration N/A $166,591 8 City of Denton - PARD - MLK Program LMC $12,000 9 Clifton St. Sewer LMA $56,991 9 Denton Affordable Housing LMH $100,000 10 Denton City County Day School LMC $26,550 10 Denton County Friends of the Family LMC $24,940 11 Family Health Care, Inc. LMC $19,000 11 Health Services of North Texas LMC $21,990 12 HOME Administration N/A $55,528 12 Home lnprovement Program LMH $37,145 $357,603 13 Homebuyer Assistance Program LMH $47,060 $42,150 13 HOPE, Inc. LMC $3,245 14 Minor Repair Program LMH $118,000 14 Morse St. Sewer LMA $341,004 15 Special Programs for Aging Needs LMC $21,000 Total Funding Allocated to Projects $1,405,797 $895,516 $555,281 Funding Available $1,405,797 $895,516 $555,281 Balance of Funds $0 $0 $0 Total for Low and Moderate Activities $1,225,678 $728,925 $499,753 Percentage of Low and Moderate Income Activities 87.2% 81.1% 90.0% Page 7 PROJECT DESCRIPTIONS The following are descriptions of projects and activities that will be funded during the 2011 program year with CDBG and HOME funds: CDBG ADMINSTRATION CDBG funds will be used for program management, coordination, monitoring and evaluation associated with carrying out eligible activities. Funds will also be utilized to continue City's efforts in fair housing. The program will be carried out by the City's Community Development Department. Funding includes $2,000 in proposed CDBG program income. HUD Matrix Code: 21A General Program Administration 570.206 Objectives: Eligibility: 570.208(a)(2) Low/Mod Limited Clientele ❑ Suitable Living Environment ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic Specific Objective: N/A Opportunities Outcomes: Specific Outcomes: N/A ❑ Availability/Accessibility Project Goals: N/A ❑ Affordability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $166,591 Location: Communitv Wide HOME $0 Start Date 08/01/11 Other Sources $125,291 Completion Date 07/31/12 Total $335,116 Page 8 CITY OF DENTON - MLK SUMMER PROGRAM Provision of a summer day program targeted to youth in Southeast Denton. Funds will be used to provide scholarships for low-income participants. Program will be carried out by the City's Parks and Recreation Department. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service 56 people ❑ Affordability Project Goals: 56 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $12,000 Location: 1300 Wilson St., Denton Texas HOME $0 Start Date 06/01/12 Other Sources $0 Completion Date 08/31/12 Total $12,000 CLIFTON STREET SEWER LINE REPLACEMENT Replacement of an existing 6" sewer line on Clifton Street from Simmons to Chambers Street. The replacement will require a new 8" sewer line and manholes for approximately 420 feet. The new line will be constructed and placed in the street. The existing sewer line is substandard in size, has met the life expectancy with significant age deterioration, is in a state of disrepair and has had a number of service issues with sewer line chokes. The project is located in a low and moderate income census tract that has a total of 2,192 people. The project will be carried out by the City's Engineering Department. HUD Matrix Code: 03J Water/SeNver Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve quality/increase quantity of public Opportunities improvements for low income persons. Specific Outcomes Number of persons assisted where activity kvas used Outcomes: Indicators: to meet a measurable improvement of quality. - ® Availability/Accessibility 2,192 people ❑ Affordability Project Goals: 2,192 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $56,991 Location: CT 21200/BG 2 - 72.72% LM HOME 0 Start Date 10/O1/I I Other Sources 0 Completion Date 11/30/12 Total $56,991 Page 9 DAHC - AFFORDABLE HOUSING CORP Rehabilitation of affordable rental units in Denton for special needs populations. Funds Nvill be utilized for the actual cost of rehabilitation of rental units. This project also consists of $21,967 for operating expenses of the agency. Program Nvill be carried out by the Denton Affordable Housing Corporation a certified Community Housing Development Organization (CHDO). HUD Matrix 14B Rehab; Multi-Unit Residential Buildings 570.202 Objectives: Code: ❑ Suitable Living Environment Eligibility: 570.208(a)(3) - Low/Mod Housing ® Decent Housing Priority Need: Rental Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of affordable rental housing. Outcomes: Specific Outcomes Number of households assisted Nvith standard ❑ Availability/Accessibility Indicators: affordable housing units. - l lhouseholds/housing units ❑ Affordability Project Goals: l lhouseholds/housing units ® Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: CHDO 92.2 CDBG 0 Location: Communitv Wide HOME $100,000 Start Date 10/01/2011 Other Sources 0 Completion Date 09/30/2012 Total $100,000 DENTON CITY COUNTY DAY SCHOOL Provision of childcare services for low income children between the ages of 2 years and 5 years. Funds Nvill be utilized to pay for teacher's salaries. The school provides affordable day care on a sliding scale. Project Nvill be carried out b the Cit 's Community Development Department and Denton City County Day School. HUD Matrix Code: 05L Child Care Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted Nvith improved access to ❑ Availability/Accessibility Indicators: a service - 190 persons ® Affordability Project Goals: 190 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $26,550 Location: 1603 Paislev Street, Denton Texas 76209 HOME $0 Start Date 10/O1/11 Other Sources $470,650 Completion Date 09/30/12 Total $497,200 Page 10 DENTON COUNTY FRIENDS OF THE FAMILY Provision of counseling services, crisis assistance and emergency shelter for family members impacted by domestic violence and/or sexual assault. Funds Nvill be utilized to pay direct services for victims of domestic violence. Program Nvill be carried out by the Denton County Friends of the Family. HUD Matrix Code: 05G Battered and Abused Spouses 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Homeless ❑ Creating Economic Specific Objective: Provide emergency services for homeless persons. Opportunities Outcomes: Specific Outcomes Number of persons assisted Nvith improved access to ® Availability/Accessibility Indicators: a service - 6,097 persons ❑ Affordability Project Goals: 6,097 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $24,940 Location: Confidential HOME $0 Start Date 10/01/2011 Other Sources $1,990,251 Completion Date 09/30/2012 Total $2,015,191 FAMILY HEALTH CARE Provision of a prenatal clinic aiding Nvomen who are Nvithout private insurance or Medicaid. Funds Nvill be used to procure services for non-Medicaid eligible, low-income pregnant women. Program Nvill be carried out by Family Health Care, Inc. HUD Matrix Code: 05M Health Services 570.201 (e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment Priority Need: Public Services ❑ Decent Housing ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Specific Outcomes Number of persons assisted Nvith improved access to ® Availability/Accessibility Indicators: a service - 293 persons ❑ Affordability Project Goals: 293 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $19,000 Location: 3537 South I-35E, Suite 210, Denton 76210 HOME $0 Start Date 10/01/2011 Other Sources $468,250 Completion Date 09/30/2012 Total $487,250 Page 11 HEALTH SERVICES OF NORTH TEXAS Provision of food and medical care to individuals and families impacted by AIDS/HIV and medical assistance to underserved, low-income, and uninsured residents of the city of Denton. Funds will be used to buy food, hygiene products and medical care for non-HIV related infections and chronic diseases. Additional funding will be used for the salary of a pharmaceutical assistance program - coordinators salaiv, medical care, diagnostic tests, laboratory tests, medication and durable medical supplies for low-income residents of the city of Denton. Program will be carried out by Health Services of North Texas. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: ® Suitable Living Environment Eligibility: 570.208(a)(2) Low /Mod Limited Clientele ❑ Decent Housing Priority Need: Non-Homeless Special Needs ❑ Creating Economic Specific Objective: Improve the services for low/moderate income Opportunities persons. Outcomes: Number of persons assisted with improved access to ® Availability/Accessibility Specific Outcomes: a service - 1,500 persons ❑ Affordability Project Goals: 1,500 People ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $21,990 Location: 4210 Mesa Drive, Denton Texas 76207 HOME $0 Start Date 10/1/2011 Other Sources $987,550 Completion Date 9/30/2012 Total $1,009,540 HOME ADMINSTRATION HOME funds will be used for salaries associated with carrying out HOME projects by the City's Community Development Department. Funding includes $4,500 in HOME Program Income. 21H HOME Admin/Planning Costs of PJ (subject to HUD Matrix Code: 10%) 92.207 (a) Objectives: ❑ Suitable Living Environment Eligibility: N/A ❑ Decent Housing Priority Need: Planning & Administration ❑ Creating Economic Opportunities Specific Objective: N/A Outcomes: Specific Outcomes N/A ❑ Availability/Accessibility Indicators: ❑ Affordability Project Goals: N/A ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $ Location: Communitv Wide HOME $55,528 Start Date 08/01/2011 Other Sources $0 Completion Date 07/31/2012 Total $55,528 Page 12 HOME IMPROVEMENT PROGRAM Rehabilitation of ovrier-occupied structures in targeted neighborhoods. Funds are available in low interest loan and grant combinations. Homes that are not suitable for rehabilitation are demolished and reconstructed. Funding also includes estimated program income for HOME ($40,500) and CDBG ($8,000). Program Nvill be carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: ❑ Suitable Living Environment Eligibility: 570.208(a)(3) - Low/Mod Housing ® Decent Housing Priority Need: ON-mer-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of ovrier-occupied housing. Outcomes: Specific Outcomes Number of units brought from substandard to ❑ Availability/Accessibility Indicators: standard condition - 11 housing units ® Affordability Project Goals: 11 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $37,145 Location: Communitv Wide HOME $357,603 Start Date 10/01/2011 Other Sources 0 Completion Date 7/31/2012 Total $394,748 HOMEBUYER ASSISTANCE PROGRAM The Homebuyer Assistance Program is designed to provide homeovriership opportunities for low and moderate-income families who live in Denton. The program provides down payment, closing costs and gap assistance in the form of a forgivable loan. HOME funds are utilized to assist with down payment closing costs assistance. A total of $50,000 Nvill be available to assist first-time homebuyer Nvith program required repairs. The funds for repairs Nvill be available as a grant. It is anticipated that 12 of the first time homebuyers will be minority households. Program carried out by the City's Community Development Division. 13 Direct Homeovriership Assistance 570.202 HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: ❑ Suitable Living Environment Eligibility: 570.208(a)(3) - Low/Mod Housing ® Decent Housing Priority Need: ON-mer-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Increase availability of affordable ovrier housing. Specific Outcomes Number of first-time homebuyers - 25 households Outcomes: Indicators: Number receiving dovri-payment assistance/closing ❑ Availability/Accessibility costs - 25 households ® Affordability Project Goals: 25 households ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $47,060 Location: Communitv Wide HOME $42,150 Start Date 8/1/2011 Other Sources 0 Completion Date 7/31/2012 Total $89,210 Page 13 HOPE, INC. Provision of financial assistance and case management to families who are homeless or at risk to be homeless and seeking to secure, stable, permanent housing. Funds will be used to assist the homeless and potentially homeless families with rent, utility, food, and childcare needs and partial salary for the program case manager. Program will be carried out by HOPE, Inc. HUD Matrix Code: 05 Public Services (General) 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Public Services ❑ Creating Economic Improve the services for low/moderate income Opportunities Specific Objective: persons. Outcomes: Specific Outcomes Number of persons assisted with improved access to ® Availability/Accessibility Indicators: a service - 40 persons ❑ Affordability Project Goals: 40 People ❑ Sustainability Primary Purpose: ® Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Private 570.500(c) CDBG $3,245 Location: 117 West Sycamore, Denton, TX 76201 HOME $0 Start Date 10/01/2011 Other Sources $69,777 Completion Date 09/30/2010 Total $75,982 MINOR REPAIR PROGRAM Program serves low-income homeowners by providing a grant of up to $5,000 for repairs. Repair cannot be covered by homeowner's insurance. Program carried out by the City's Community Development Division. HUD Matrix Code: 14A Rehab; Single-Unit Residential 570.202 Objectives: Eligibility: 570.208(a)(3) - Low/Mod Housing ❑ Suitable Living Environment ® Decent Housing Priority Need: ON-mer-occupied Housing ❑ Creating Economic Opportunities Specific Objective: Improve the quality of owner housing. Outcomes: Specific Outcomes Number of units occupied by elderly - 35 ® Availability/Accessibility Indicators: Number of units made accessible - 5 ❑ Affordability Project Goals: 35 housing units ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $118,000 Location: Communitv Wide HOME 0 Start Date 08/01/2011 Other Sources 0 Completion Date 7/31/2012 Total $118,000 Page 14 MORSE STREET SEWER LINE REPLACEMENT Replacement of an existing 6" sewer line and water line on Morse Street from Bushey to Newton Streets. The project would require a new 8" sewer line and manholes for approximately 1,300 feet. The water line replacement would require a new 12" water line and valves for approximately 1,300 feet. Both of the new lines would be constructed and placed in the street. The existing sewer line is substandard in size, has met the life expectancy with significant age deterioration, is in a state of disrepair and has had a number of service issues with sewer line chokes. The existing water line has had 30 breaks. The project is located in a low and moderate income census tract that has a total of 2,192 people. The project will be carried out by the City's Engineering Department. HUD Matrix Code: 0317 Water/SeNver Improvements 570.201(c) Objectives: Eligibility: 570.208(a)(1) - Low/Mod Area ® Suitable Living Environment Priority Need: Infrastructure ❑ Decent Housing ❑ Creating Economic Specific Objective: prove quality/increase quantity of public Opportunities improvements for low income persons. Specific Outcomes Number of persons assisted where activity kvas used to Outcomes: Indicators: meet a measurable improvement of quality. ® Availability/Accessibility ❑ Affordability Project Goals: 2,192 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subrecipient: Local Government CDBG $341,004 Location: CT 21200/BG 2 - 72.72% LM HOME 0 Start Date 10/01/11 Other Sources 0 Completion Date 11/30/12 Total $341,004 SPAN, INC. (SERVICES PROGRAMS FOR AGING NEEDS) Provision of congregate and home-delivered meals to the elderly. Funds will be used to buy meals. SPAN provides meals, primarily to elderly Denton residents or to persons sixty years or older. Home meals are specifically provided to home-bound persons. Congregate meals are provided at two local senior centers. Of the meals provided by SPAN, Inc., 16% are congregate meals and 84% are home-delivered meals. Program will be carried out by SPAN. HUD Matrix Code: 05A Senior Services 570.201(e) Objectives: Eligibility: 570.208(a)(2) - Low/Mod Limited Clientele ® Suitable Living Environment ❑ Decent Housing Priority Need: Non-housing special needs ❑ Creating Economic Specific Objective: Improve the services for loNv/moderate income persons. Opportunities Outcomes: Specific Outcomes Number of persons assisted with improved access to a ® Availability/Accessibility Indicators: service - 400 persons ❑ Affordability Project Goals: 400 people ❑ Sustainability Primary Purpose: ❑ Homeless ❑ HIV/AIDS ❑ Disabled Funding: Subreci Tent: Private 570.500(c) CDBG $21,000 Location: 1800 Malone Street, Denton, Texas 76201 HOME $0 Start Date 10/01/2011 Other Sources $736,303 Completion Date 09/30/2012 Total $757,303 Page 15 OTHER RESOURCES AVAILABLE GENERAL FUNDS Also, during the 2011 program year, the City of Denton plans to undertake additional activities/programs to address local objectives and strategies using City of Denton General Fund dollars. The Human Services Advisory Committee has recommended funding the following human services programs. It is recommended that these activities be funded through Denton's general fund budget. City Council will consider approval of the following recommendations in September 2011. Category / Agency General Other Total Funds Funds Funds Aging Services Day Stay for Adults - 16 people $5,100 $312,955 $318,055 RSVP - 589 people $7,900 $254,171 $262,071 Emergency Services Denton County HMIS - N/A $18,000 $68,908 $86,908 HOPE, Inc. - reported in CDBG $17,685 $58,297 $75,982 Da Care /After School Care Denton Christian Preschool - 62 people $22,056 $468,845 $482,901 Fred Moore Day Nursery - 105 people $23,556 $503,100 $526,656 Child/Family Services CASA - 228 people $9,500 $657,349 $666,849 Children's Advocacy Center - 300 people $7,040 $1,124,960 $1,132,000 Communities in School - 380 people $7,000 $170,341 $177,341 Other Services Camp Summit- 30 people $2,000 $1,435,417 $1,437,417 Total $119,837 $5,054343 $5,174,180 Page 16 STRATEGIES & PROPOSED PROJECTS The City of Denton's 2011 funding has been allocated to programs and activities that meet objectives stated in Denton's five-year strategic plan. Following is the list of the five-year strategies and proposed outcomes stated in the 2010-14 Consolidated Plan and proposed projects and activities that will be undertaken to meet those strategies. Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy RENTAL HOUSING STRATEGIES H-3.1 Encourage and support An addition of 150 Provide support for developments meeting this Sustainability of he development of fordable units in mixed strategy. Decent Housing mall mixed-income income developments with rental developments in 50 units or less would assist accessible areas. in meeting this outcome measure. H-2.1 Encourage self- Self sufficiency programs Work with and provide funding when appropriate ffordability of sufficiency among will target households to support transitional housing and self- Decent Housing households that receiving rental assistance sufficiency programs administered by Denton currently receive rental and other forms of public Housing Authority and HOPE, Inc. and other subsidies and other assistance. Create housing local organizations. forms of public fordability for 3 to 5 support. households per year. H-1.1 Encourage and support Support repairs or Work with Code Enforcement Division and local vailability/ he rehabilitation of rehabilitation of 5 to 10 rental property owners to identify and support Accessibility of substandard units. units per year. rehabilitation of substandard units. Decent Housing H-2.2 Encourage and assist Approximately 150 renters Continue supporting the City's Homebuyer ffordability of ow-income renters to will be assisted. Assistance Program, DAHC's Affordable Decent Housing become homeowners. Housing Opportunity Program, DAHC's Infill New Construction Program and Nevada Court Project, Denton Housing Authority's Family Self SuffrciencN- Program and Habitat for Humanitti-. H-1.2 Target programs and our newsletters per year Disseminate program information in Spanish and vailability/ information to will be sent out. Additional English to organizations seiving these groups. Accessibility of minorities and the information will appear on Decent Housing lderK. able channel. OWNER-OCCUPIED HOUSING STRATEGIES H-2.3 Educate homeowners Information will be provided I I households will be provided successful ffordability of regarding home to 8-10 households per year. homeowner education. Decent Housing maintenance and budgeting for major and minor repairs and safe cleaning practices. H-2. Assist low and Provide minor repairs to Funding of the Minor Repair Program for a ffordability of moderate-income approximately 100 very low minimum of 35households. Decent Housing households with to moderate-income minor housing repairs homeowners. nd weatherization. Page 17 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy H-3.2 Encourage and assist Assistance to 20 to 35 Funding of the Home Improvement Program for Sustainability of ow and moderate- households. It is anticipated 11 households. Decent Housing income homeowners that 25%-35% of the annual to maintain their units allocation will be dedicated to up to current City of his targeted area. Denton code standards in targeted areas. HOMEOWNERSHIP & PRODUCTION OF AFFORDABLE UNITS H-2.5 Educate homebuyers Information will be provided Support of HUD approved homeowner-ship ffordability of regarding home to 100 prospective workshops by local agencies and lenders Decent Housing buying process and homebuyers. household budgeting. H-2.6 Encourage and assist Approximately 100 renters Support the City of Denton's Homebuyer ffordability of ow and moderate will be assisted. Assistance Program and DAHC's Affordable Decent Housing ncome renters to Housing Opportunity Program with residual become homeowners. ands. It is anticipated that 35% to 50% will be hunornt-N' households. H-2.7 Support production of Construction of an estimated Support of DAHC and City's Infill New ffordability of fordable units. 50 new units. Construction Program and DAHC and Habitat for Decent Housing Humanity's New Construction Program. CONTINUUM OF CARE - PREVENTING HOMELESSNESS H-2.8 Provide assistance for 1) Support a minimum of la) Support and refer persons to local business ffordability of ow-income 100 units of individual and agency's' First Time Homebuyer classes Decent Housing households to secure and group counseling and and Credit Counseling Classes and sustain safe, educational opportunities lb) Provide finding to HOPE, Inc in support of decent affordable concerning securing and programs housing maintaining a home. a) Provide administrative support and finds including 2b) Continue to support the Tenant 2) Support 750 individual/ Based Rental Assistance from HOME funds family units of sen-ices to to the Elderly and Disabled to maintain secure and maintain independent living and to prevent housing including homelessness. prevention of foreclosure and eviction a year. CONTINUUM OF CARE - OUTREACH AND ASSESSMENT SL-1.1 Improve community 1) Continue implementation 1) Provide funds to the Denton County vailability/ assessment of needs of HMIS. Increase data Homeless Management Information System Accessibility of and seivices available sharing and number of to enroll and support homeless seivice Suitable Living participants. At least 3 - agencies. Environment 5 agencies should ) Assist the Denton County Homeless participate in data sharing. Coalition to organize a tasldorce to create 2) Support development of a and implement a plan to in Chronic county-wide, coordinated Homelessness including a coordinated Discharge Policy and Plan discharge policy. to End Chronic Homelessness in two years. Page 18 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy CONTINUUM OF CARE - EMERGENCY SHELTER H-1.3 Meet the emergency 1) Support at least 1,000 1) Provide funds to the Denton County Friends Availability/ shelter and basic emergency shelter nights of the Family Safe Shelter. Accessibility of health food, clothing, of stay a year. 2a) Support local agency with application to Decent Housing and personal hygiene ) Assist local agencies to Emergency Solutions Grant, Supportive heeds of the homeless apply for at least three Housing Program. nd victims of grants to provide omestic violence. supportive sei ices to all homeless, victims of domestic violence, homeless families or homeless N-outh. CONTINUUM OF CARE - TRANSITIONAL HOUSING H-1. Meet the transitional 1) Support at least 50 la) Provide funds to HOPE's transitional shelter Availability/ housing and individuals/ families program to assist 10 people. Accessibility of supportive sei ice provided with transitional 2a) Provide local agencies with information on Decent Housing heeds of the homeless housing a year grant opportunities for funds to support and victims of 2) Assist local agencies to transitional housing and supportive sen-ices. omestic violence in apply for at least two 2b) Provide support for the applications to reparation for a grants to provide request Emergency Solutions Grant Funds nove to permanent or additional transitional and Supportive Housing Program fiends for ermanent supportive housing and supportive transitional housing and supportive sen-ices housing. sen-ices 3) Attend Ten Year Plan to End Homelessness 3) Support the increase use meetings and provide information on the of transitional housing importance and need for transitional housing and/or supportive sen-ices and/or supportive sen-ices. to prepare individuals for permanent housing in the Ten Year Plan to End Homelessness. CONTINUUM OF CARE - TRANSITION TO PERMANENT HOUSING AND INDEPENDENT LIVING H-3.3 Provide homeless 1) Assist agencies to apply la) Support local Health Senices of North Texas Sustainability of and victims of for at least two grants to and Denton County MHMR apply for Decent Housing domestic violence provide permanent Supportive Housing Program funds for with permanent or supportive housing with permanent supportive housing program permanent an emphasis on chronic projects. homeless and persons lb) Provide local agencies with information on supportive housing. with a severe mental grant opportunities for fiends to support illness and/ or HIV transitional housing and supportive sen-ices. positive status. 2a) Participate in the Denton County Homeless 2) Assist at least two Coalition. community partnerships/ 2b) Provide funding to support programs of collaborative efforts to HOPE, Inc, Denton County- Friends of the continue to provide Family, and Denton Affordable Housing additional permanent Corporation who have a collaborative effort housing opportunities to to move victims of domestic violence from the homeless, potentially emergency shelter to Transitional housing in homeless and victims of preparation for stable, sustainable permanent domestic violence housing. Page 19 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy LEAD-BASED PAINT STRATEGIES H-1.5 Educate homeowners, 30 households and 50-75 0-50 homeowners will receive both the HUD vailability/ental property contractors and property pamphlet-Protect Your Family from Lead in Accessibility of owners/managers & managers received field our Home and the EPA pamphlet-Renovate Decent Housing contractors regarding guides for painting, home Right. Ten to fifteen realtors will be educated on isclosure, the histon- maintenance and renovation both the HUD Lead Rule and the EPA RRP Rule. of lead-based paint, work instructions. 20 All contractors contacted will be encouraged to its hazards to children owners, managers or receive EPA certification. and how to use safe ontractors receive individual work practices when safe work practice video disturbing paint in raining for the five-year older housing. eriod H-1.6 Reduce Lead-Based verage of 40 units will In properties built before 1978, four minor AN-ailabilit-NI Paint Hazards in eceive lead-based paint repairs, three owner occupied rehabilitations and Accessibility of owner and renter- nspection, hazard control three homebuyer assistance projects will be Decent Housing occupied residential eduction work or abatement, completed and receive lead-based paint reduction units as needed. ass inspections and, when work, pass inspections and meet final clearance in required, meet final clearance compliance with 24 CFR 35 regarding lead-based over the five-year period. paint during 2011. For the Homebuyer Assistance Program only a visual inspection will be conducted and propeity must pass inspection. HUMAN SERVICES STRATEGIES SL-1.2 Meet the basic food 1) Support at least 300 a) Provide funds to support the Nutrition AN-ailabilit-NI seeds of the homeless emergency meals and food Center of Health Sen-ices of North Texas to Accessibility of and low-income bags a year provide an estimated 50 persons with Suitable Liking weel& nutritional shops. Environment 2) Support at least 150 meals b) Provide funds to support SPAN who will and nutritional food provide meals to 350 to persons over 60 or bags/shops a year disabled persons. SL-1.3 Meet the basic shelter 1) Support at least 250 1) Provide funds to the Denton County Friends AN-ailabilit-NI seeds of homeless emergency shelter nights of the Family Safe Shelter to assist 6,097 Accessibility of and low-income of stay a year people. Suitable Liking persons 2) Support at least 25 2) Provide funds to HOPE, Inc to support a Environment individuals/ families transitional housing program for an estimated provided with transitional 40-65 persons. housing a year 3a) Provide 10 staff hours to support the Denton 3) Provide at least 60 hours County Homeless Count conducted by the of staff time in support of Denton County Homeless Coalition (DCHC). at least 3 projects for the 3b) Provide staff time as necessaiN- to support the Denton County Homeless DCHC application for Continuum of Care Coalition a ti-ear fiends. Support 75 individual/ family units of case management and other sen-ices to maintain housing including prevention of foreclosure and eviction a year Page 20 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy SL-1. Foster and maintain 1) Participate in at least 3 la) Participate in the Denton County Homeless Availability/ an enviromnent coalitions and/or Coalition in the effort to prevent and end ccessibilitN- of where families, collaborative efforts for homelessness. Suitable Living neighborhoods, and community initiatives to a) Provide fiends to three daycares to support the Environment communities enjoy foster and maintain an provision of childcare to an estimated 357 strong, supportive environment to promote families. relationships strong, supportive 2b) Provide funds to after school/summer care relationships. programs and the provision of childcare for 2) Support at least 150 56 children. individuals/ family units 3a) Provide support to Denton County Friends of of childcare, after-school the Family for the provision of domestic and summer care, violence and sexual assault victim sei ices parenting shills, and adult including counseling. education assistance a 3b) Provide support to Children's Advocacy year. Center for Denton County to provide sexual 3) Support at least 75 units abuse/assault sen-ices to children and non- of domestic violence and offending families members. sexual assault prevention 4) Provide support to Denton County Friends of education and training a the Family for the provision of community year education and offender classes to prevent domestic violence and sexual assault. SL-1.5 ity residents have 1) Support at least 50 units 1) Provide support the Family Health Care and Availability/ ccess to health care of health care sen-ices a Health Sei ices of North Texas for primary ccessibility of o be as physically year. health care and pre-natal sei ices to at least Suitable Liking nd mentally fit as 2) Participate in any 1793 persons. Environment possible coalitions/collaborative efforts to improve availability- of health care especially for low- income persons, elderly, and people with disabilities. 3) Support at least 20 units of mental health care sen-ices a y-ear... INFRASTRUCTURE & PUBLIC SERVICE FACILITIES STRATEGIES SL-3.1 Street improvements. Promote livability & of applicable this year. Sustainability- of sustainability- for residents of Suitable Liking ow/mod neighborhoods. Environment rojects will support 200 lilis. SL-3.2 Installation of new Promote livability and of applicable this year. Sustainability- of sidewalks and sustainability- for residents of Suitable Liking replacement sidewalks. ow/mod neighborhoods. Environment Projects will support 200 lnhrs. SL-3.3 Installation of water and Promote livability and Provide funding for replacement of sewer lines on Sustainability of ewer lines. sustainability for residents of Clifton Street and Morse Street. Provide funding Suitable Liking Connection of ow/mod neighborhoods. or replacement of water line on Morse Street.. Environment residential units to Projects will support 150 lnhrs. en-ices. Page 21 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy SL-3. Installation of drainage Promote livability and of applicable this year. Sustainability of improvements including sustainability for residents of Suitable Living improvements that will ow/mod neighborhoods. Environment remove residential roject will support roperties from pproximately 50 hhs. oodplain. SL-3.5 ehabilitation and mprove availability & of applicable this year. Sustainability of xpansion of public ccessibility of seivices Suitable Living en-ices facilities. hrough improvement to at Environment east 2 public seivice facilities. SL-3.6 Improve and/or expand Improve availability & of applicable this year. Sustainability of ark facilities including accessibility of seivices to at Suitable Living pen space, playground east 2 park facilities. Environment and other recreational acilities. DEMOLITION STRATEGIES SL-3.7 ontinue to demolish To demolish 20 structures Continued support for the Demolition Program Sustainability of ubstandard buildings during the five-year period. with residual funds. Suitable Living o improvement the Environment ppearance and safety f neighborhoods ANTI-POVERTY & ECONOMIC DEVELOPMENT STRATEGIES 0-3.1 Support training and Provide economic Provide non-federal incentives to organizations to Sustainability of mployment activities opportunity by supporting create jobs. Work hwith job training organizations Economic argeted to poverty activities that create jobs. to promote training in specific areas of need. Opportunity nd veiN- low-income bsen-e an increase in the iouseholds. comber of poverty and low- income hhs that achieve self- sufficiencN-*. 0-1.1 xpand educational Provide economic Provide funding to transitional housing providers. Availability/ pportunities for opportunity for transitional Request that information on educational Accessibility of hose seeking housing clients. 25-35 hh opportunities be provided to clients. Economic ransitional housing (over 5 years) receive Opportunity r other housing ounseling/educational support seivices. sen-ices. 0-1.2 Encourage support of ver the five-year period 25+ Monitor federally funded projects and work with vailability/ Section 3 goals by individuals hired for projects contractors to ensure that Section 3 requirements Accessibility of local contractors. y private contractors. are fulfilled. Economic OrthllntN' BARRIERS TO AFFORDABLE HOUSING STRATEGIES H-1.6 Educate the Improve accessibility and Quarterly newsletter will be sent out to clients, vailability/Acces community regarding availability of information on local lenders, realtors, agencies, churches, sibility of Decent he benefits of fordable units by providing neighborhood associations, libraries, recreation Housing fordable housing. homeownership and fair enters and many others. Two public hearing will housing information be held during the preparation of the amoral uarterly newsletters, at least ction plan and one during the preparation of the public hearings annually. erformance report. Page 22 Outcome/ 5-yr Objective Consolidated 5-yr Consolidated Plan 1-yr Action Plan Plan Outcome Measures Proposed Activities Strategy H-2.9 n an annual basis, Create affordability in Continue to request impact fee grants from the ffordability of -equest approval and housing through provision of General Fund for housing non-profits for the Decent Housing aiding for impact an average of three to five construction of affordable housing. ee grants for grants per year over the five- roducers of year period. fordable housing. H-2.10 Allocate funding to Create affordability in Support for Denton Affordable Housing ffordability of he non-profit and housing through construction Corporation's, Habitat for Humanity, Private Decent Housing or-profit of 25 - 50 SF units and 50 - evelopers and the City's Infill New Construction organizations that are 100 rental units that are Program. eveloping affordable fordable to low-income housing. Request that households over the five-year they attempt to period. maximize the everaging of these dollars and provide documentation. Page 23 2011 PROPOSED PROJECT MAP With Minority Concentrated areas by Census Tracts l Minority Concentration - by Census Tracts © 0 - 25% +25%-30% e +31%-40% +41%-50% Q 0 +50%- 100% © Source: U.S. 2000 Census p l 2011 Projects and Activities 1. MLI Summer Program* 4. Family Health Care* 2. Clifton SeNver Line Replacement Project 5. Health Services of North Texas* 3. Denton City County Day School* 6 Morse SeNver/Water Line Replacement Project Communitv-Wide Activities CDBG and HOME Administration Home Improvement Program Children's Advocacy Center of Denton County Minor Repair Program Denton Affordable Housing Corp. - Rental HOPE, Inc. Homebuyers Assistance Program Services Program for Aging Needs, Inc Geographic distribution of projects is based on citizen, service provider and City staff input regarding significant needs in the low-income community, specifically in regard to public facility improvements. Home Improvement Program activities are limited to low-income areas that are zoned residential. This is to ensure that substantial amounts of funding are not expended on housing in areas zoned commercial or industrial, where the zoning transition in the near future, would no longer allow residential development. *Public service activity locations are provided on the above map, however, services provided by each of the organizations is available to low and moderate-income households throughout the Denton community. Page 24 OTHER PROGRAM SPECIFIC REQUIREMENTS HOME PROGRAM - FORMS OF INVESTMENT The City of Denton, through the Homebuyers Assistance Program (HAP) and Denton Affordable Housing Corporation, through the Affordable Housing Opportunity Program (AHOP) will provide subsidies to low and moderate-income homebuyers. Under the HAP program the maximum HOME subsidy will be $14,900. This amount includes all investment that enables the family to purchase the unit. This sets up a 5, 7 or 10-year recapture period for all homebuyers. The subsidy is provided as a 5, 7 or 10 year deferred forgivable loan. Under the AHOP program the maximum HOME subsidy will also be $14,900 and is set up as a 5-year recapture period. According to the promissory note, the borrower agrees to occupy the property as his/her primary residence for the term of the loan from the execution date of the promissory note and deed of trust. The borrower must also agree to pay all mortgage payments, taxes and other assessments on the property in a timely manner. In the event the borrower complies with the terms of the promissory note, deed of trust and the program, the City of Denton and DAHC agree to release the maker of the note from payment of the loan. Borrower agrees not to sell, lease, or transfer any interest therein during the term of the loan. In the event that the borrower sells, leases or transfers the property, the City of Denton and DAHC will require that the loan balance be repaid. If the borrower sells the property or if the property is foreclosed upon, or transferred in lieu of foreclosure, the loan balance will be repaid from the net proceeds. Net proceeds are defined by HUD as the sale price less closing costs and mortgage payoff If the net proceeds of the sale are not sufficient to repay the loan balance, the City of Denton and DAHC can reduce the amount based on the available net proceeds at the time of sale. Recaptured funds from the either program will be used to assist other first-time homebuyers. Funding agreements and/or contracts with community housing development corporations and/or subrecipients will include a requirement that the organization comply with HOME regulations in regard to continued affordability of assisted units. There are no other forms of investment that are not described in §92.205(b) by the City of Denton. MONITORING STANDARDS AND PROCEDURES The City of Denton will complete an annual comparison of the objectives stated in the 5-year Consolidated Plan with actual accomplishments. Based on the comparison the City of Denton will consider making changes or updates to the 5-year Consolidated Plan. The City of Denton provides CDBG and General Funds to several non-profits agencies and departments providing supportive services. The City's Human Services Coordinator monitors agencies on a daily basis. Each year agency staff is provided with training on financial procedures and data collection. Agency staff is provided with appropriate Federal guidelines and OMB circulars to ensure that they have access to pertinent information. Agencies are required to provide quarterly beneficiary and financial reports. A year-end report is required to detail annual expenditures, beneficiary information, funding sources and major accomplishments. Each year, the Human Services Coordinator completes a risk analysis based on established criteria. On-site monitoring visit are completed on all "high risk" organizations. The on-site monitoring includes a review of client files, financial and accounting records, and procurement procedures. Independent audits are also submitted and reviewed by the City staff. Page 25 For the HOME program, a similar process is also followed to monitor the Denton Affordable Housing Corporation, a certified CHDO. The City's Community Development Coordinator with the help of the Community Development staff monitors the CHDO on a regular basis to ensure that the non-profit is meeting HOME regulations. TBRA units and residents are monitored on an annual basis to ensure that all HOME requirements are met. Also, the only rental project not funded through the local CHDO, is a project that provides transitional housing and services for single-parent fanulies. This organization is also monitored annually including a review of the client files for income information. Programs and projects carried out by the City are monitored daily. Staff maintains checklists on individual projects to ensure that all required procedures have been completed. The housing rehabilitation staff maintains records on all rehabilitation projects. The Community Development Coordinator maintains records for the Homebuyer Assistance Program and the Administrator maintains records on public infrastructure projects. The Administrator reviews and certifies all applications prior to provision of assistance. A year-end report that details expenditures, revenue, beneficiary information and major accomplishments is also required from all City programs and proj ects. PUBLIC HOUSING IMPROVEMENTS The City of Denton has no public housing units. PUBLIC HOUSING RESIDENT INITIATIVES The City of Denton has no public housing units. However, City staff will continue to work with the Denton Housing Authority to promote the Homebuyers Assistance Program to those currently receiving Section 8 assistance. Information on the Homebuyer Assistance Program has been mailed to all Section 8 recipients with their utility bills. No resident initiatives strategies were included in the Consolidated Plan. INSTITUTIONAL STRUCTURE The City of Denton's 2010-2014 Consolidated Plan notes six "gaps" in organizational structure that hinder effective housing and social services delivery. These gaps include the following with the City's efforts to ameliorate these conditions during the coming year: 1. Need for more effective communication between housing organizations in the North Texas area, including those serving the City of Denton. Local housing organizations need to work together to expand resources and programs to ensure that a variety of housing choices are available to serve low and moderate-income households. Action to overcome gap: Continue to encourage participation in the Denton County Homeless Coalition, the Denton County Senior Services and other collaborative organizations. Work with agencies and continue to support partnership efforts and the sharing of information regarding f riding opportunities. 2. Need for more effective coordination between emergency assistance agencies. Action to overcome gap: Continue to support efforts of the Denton County Homeless Coalition and HOPE, Inc. to expand the netirork of organizations participating in HMIs. Page 26 3. Lack of private contractors experienced in lead-based paint hazard reduction and abatement and lack of funding to complete projects. Contractor training along with additional funding targeted to lead abatement is critical to continue the City's owner-occupied rehabilitation program. Action to overcome gap: Request additional.fending where available to train contractors and pav increased costs. Work with training organizations to promote training opportunities to local contractors and employees. 4. Lack of shelter facilities for families and youth. Action to overcome gap: Support work of Denton County Homeless Coalition in targeting priority services and facilities needed in the area. Assist in grant irriting and other forms of ,fundraising. Adi?? nistcr hoiiielcss grant f reds uu'heil appropriate and support is iteedcd. 5. Lack of coordination of homebuyer/homeowner educational services needed to provide a higher level of information. Action to overcome gap: Investigate a partnership with the Denton Housing Coalition, Denton Affordable Housing Corporation and or the State of Texas to develop a more comprehensive educational program. 6. Inability to assist low and moderate-income property owners to bring housing units up to standard condition. Action to overcome gap: Seek out additional.fending to assist low income homeowners and work to develop program or policies to ensure that owners of rental property improve units as needed to maintain unit ip to local code requirements. ADDRESSING THE CHRONIC HOMELESS (UPDATE IN PROGRESS) The Denton County Homeless developed the following steps during the 2010-2014 Consolidated Plan process to address chronic homeless. These steps are reaffirmed during the 2011/12 program year. The Denton County Homeless Coalition believes a structured and seamless collaborative system of services and programs can move individuals experiencing chronic homelessness to sustainable permanent supportive housing. This transition to sustainable permanent housing is the key to ending chronic homelessness. The DCHC point-in-time homeless count taken in March 2009 (Denton County Homeless Count) identified fifteen sheltered and 13 unsheltered chronic homeless. It is likely that there were approximately forty-three chronic homeless that were not counted. These estimates were created by applying the Texas Homeless Network Statistics of 27% of unaccompanied adults among the homeless population as chronic homeless, to Denton's estimated number of homeless. At this time DCHC is moving from a coalition philosophy to a community strategy to end chronic homelessness. A coaltion's subcommittee is in the process of developing a Ten-Year Plan to End Chronic Homelessness. Since the plan is in process, the steering committee decided to take a three-step planning approach to building a community strategy to end chronic homelessness. Page 27 I. A small committee conducting research on strategies, stakeholders, goals, and activities to promote appropriate services for the community and chronic homelessness. In the fall of 2004, the small group completed their research and provided possible community directions for review by the steering committee. The Steering Committee used the information to move to the Step Two of the three step planning approach. 2. Identified community stakeholders and possible actions necessary to end chronic homelessness. Upon review of other successful planning processes to end chronic homelessness, the steering committee decided to approach local elected officials to sponsor and convene the community planning process. The DCHC is in the process of completing this step of the three step planning approach. 3. Convene a large community meeting for all identified stakeholders to review, modify, and agree upon a plan for the community to end-chronic homelessness. The DCHC expects the community plan to end-chronic homelessness will build from current programs and services available. The Denton County Homeless Coalition has identified several obstacles to ending chronic homelessness including lack of major substance abuse services, healthcare services, and transportation. These items present significant barriers in moving the chronic homeless from experiencing homelessness to maintaining a stable environment. HOME PROGRAM - MINORITY OUTREACH PROGRAM To ensure employment and business opportunities for minority businesses the City of Denton will continue to carry out and support the following activities during the program year. 1. The Denton Chamber of Commerce and the Black and Hispanic Chambers of Commerce refer building contractors to the Community Development office to apply to be added to the active contractors bid list. 2. Will request that general contractors on CDBG and HOME-funded capital projects give preference to hiring minority or women subcontractors and employees as well as include this wording in constriction contracts. 3. City of Denton's legal advertisement for bids will include the equal employment statement and encourage minority participation 4. Notices are sent to both the Black Chamber and the Hispanic Chamber of Commerce in Denton informing them about the programs, the assistance and contracting opportunities that are available. 5. City of Denton will continue to attend the Small Business Development Breakfast on a monthly basis. 6. City of Denton will continue to comply with all State bidding requirements for Historically Underutilized Businesses (HUB) 7. City staff will also perform debarment reviews to ensure that no previously debarred contractors are allowed to participate in projects. 8. City will continue to advertise annually in the Denton Record Chronicle and daily in the local cable channel in search for contractors and will encourage participation by minority contractors. Page 28 Public Hearing Minutes December 6th and 13th 1. Support public garden plots. Set up development programs to encourage this. 2. There are problems with the parking lot near the Chinese Restaurant at Bonnie Brae and University. Spaces are too close causing problems with cars trying to get through the parking lot. 3. Break in the concrete in the front area of the Rosemont apartment community. Sometimes there is water coming up near the cracked area. 4. Neighbor has an issue with a pool that has a leak. Survey Comments 1. Senior citizens need grants to help them improve their homes, etc. 2. Program to help the elderly and the poor pay utility bills. Program to help seniors have a ride/transportation or public service like buses and trains. Grant money to help supplement people or list for housing. Money to fund education programs for first-time homebuyers, regarding credit building. 3. Need for sidewalks in SE Denton. 4. On street improvements, consider Jannie and some of the other streets in the area will be greatly appreciated (Mack Park addition). Also, broken or chipped curves on streets in this area. 5. Can you use these funds on a church? Comments provided by citizens at the SEDNA Meeting on 11/29/2010 1. Resident asked if Homebuyer Assistance Program was still available. 2. Resident asked about demolition program. Staff explained that CDBG funds could be used to demo condemned buildings or could demolish strictures only for low/mod persons who couldn't afford the demolition costs. 3. The fact that senior citizens struggle with their utility bills was mentioned. 4. A need for senior transportation was mentioned. 5. More credit classes. Page 29 ACTION PLAN PUBLIC HEARING MINUTES May 3, 2011 City Council Meeting No comments were received at the May 3, 2011 public hearing at the Denton City Council Meeting. Page '10 MINUTES FROM 30-DAY COMMENT PERIOD April 8, 2011 through May 9, 2011 This section will include comments received during the 30-day comment period. No comments have been received to date on the plan. Page 31 Approved by Committee 2/15/2011 Official Minutes Human Service Advisory Committee Meeting - November 2, 2010 City Hall East Conference Room, 601 E. Hickory, Denton, TX Members Present: Maria Minerva Vill anu eva- Simental, Teddy Griffin, Mary Behrens, Steve Pogue, Mari Metzgar and Mary Ann McDuff Staff Present: Barbara Ross and Alma Espino Call to Order: Meeting was called to order and staff welcomed members. Approval of Minutes from April 22, 2010: Chair Steve Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Behrens made the motion to approve the minutes from April 22, 2010. Sheryl English seconded the motion. The minutes were approved as written. Chair & Vice-Chair Elections: Mr. Pogue asked for nominations for chair and vice chair. Ms. McDuff nominated Steve Pogue for chair. The motion was seconded by several members. Mr. Pogue was elected by acclamation. Mr. Pogue nominated Mary Ann McDuff for vice chair. Terry Griffin seconded the motion. Ms. McDuff was elected by acclamation. Discussion and Recommendation of Park's Request: Ms. Espino explained the request from the Parks Department. A decision was made, due to various reasons that included funding and lack of participation, to close the Owsley Summer Program. The Owsley Summer Program was awarded $7,013 in City of Denton Human Services funds. Ms. Espino stated that Kathy Schaeffer has requested that the committee consider moving the funds to the King Kids Summer Kamp. The funds would be utilized for the same purpose, but at the Kings Kid Day Kamp. Ms. English stated that the number of low income children in Denton that need these types of programs continues to increase. Mari Metzgar asked if all the funds would have to be given to the camp or could they be disbursed to other programs. Mr. Pogue stated that perhaps the committee could allocate just a portion of the funds to camp. The committee discussed and requested that Kathy Schaeffer make a presentation at the next meeting regarding PARD's request that the $7,000 originally allocated to the Owsley Summer Program be reallocated and added to the MLK Kings Kids program. HSAC Funding History: Mr. Pogue asked staff to provide a history of agency funding over that last year. Alma Espino explained the funding process, provided information on the public hearings, application submission and how she tracks information and monitors the agencies. Ms. Ross mentioned the upcoming public hearings. She added that new census data would be available possibly in April or May and that this would possibly require revising the current Consolidated Plan. Ms. Espino stated that she would send the committee members the web link for the City of Denton CAPER, Consolidated Plan and Action Plan. She added that she would provide them information on the Homeless Count and ensure that they were receiving the Community Development newsletter. Page 32 Review & Approve Application, Assessment Tool, and Hearing Format a. Application Training Dates & HSAC Binder Availability Members discussed the Human Services Advisory Committee (HSAC) procedures, application, assessment tool, and hearing format. Ms. Espino advised the committee regarding application training for agencies planning to apply for 2011-12 Human Services funds. Applications will be made available to the agencies in November and would be due January 19, 2019. Staff will make the applications available to the committee via binders or via flash drive. Ms. Espino asked who would prefer binders to a flash drive. Teddy Griffin and Ms. English asked for binders. All other members requested a flash drive. Ms. Metzgar asked about the revisions to the application. Ms. Espino explained the changes and their purpose. Members approved the application though they also asked if there was any way to streamline the application to make it easier for the agencies to apply. Ms. Espino pointed out that the agencies have already commented that this application was not difficult to do - not as difficult as some other applications. Committee had no other changes to the application or assessment tool. Maria Minerva Villanueva- Simental moved that the application be approved with changes. Ms. Behrens seconded the motion. Approval was unanimous. Ms. Metzgar moved approval of the assessment form. Ms. English seconded the motion. The form was approved unanimously. Members discussed and set up four meetings for review of applications and development of recommendations for funding. The following meeting dates were selected: Application Workshop Sessions, Start Time 9 a.m. Thursday, December, 2, 2009 Friday, December 3, 2009 *One workshop session is mandatory for organizations wishing to submit an application. HSAC Application Presentations, Start Time: 12 p.m. Tuesday, February 8, 2011 Tuesday, February 15, 2011 Tuesday, February 22, 2011 HSAC Funding Recommendation Meeting, Start Time: 12 p.m. Tuesday, March 1, 2011 Review of HSAC General Procedures: Ms. Espino reviewed the revisions to the HSAC General Procedures. Ms. English moved and Ms. Griffin seconded the motion to accept the changes to the document. The procedures were approved unanimously. The meeting was adjourned at 7:25 p.m. Page 33 Approved by Committee 2/22/2011 OFFICIAL MINUTES Human Service Advisory Committee Meeting - February 15, 2011 Civic Center Conference Room, 321 E. McKinney, Denton, TX Members Present: James McDade, Maria Minerva Villanueva- Si mental, Teddy Griffin, Mary Behrens, Steve Pogue, Mari Metzgar, Sheryl English and Mary Anne McDuff Members Not Present: Sara Bagheri Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and welcomed James McDade as a new committee member. Ms. Espino was asked to review City of Denton finding priorities. Ms. Espino stated that Community Development Division had met with several focus groups that included the Denton County Homeless Coalition, Denton Information Network, and the Geriatric Services Workgroup. Each focus group discussed three questions: 1) What do you see as the most significant human service issues or problem facing residents of the City of Denton? 2) What do you see as the top three most significant unmet needs in the City of Denton? 3) What challenges or barriers do you think City of Denton residents and organizations will face in trying to meet future housing, health, and human service needs? The top three most significant unmet needs in the City of Denton were found to be as follows: Denton County Homeless Coalition Responses: 1. Housing & mental health services for L/M 2. Health Care 3. Longer term shelter including SROs (single room occupancy) Denton Information Network Responses, 12/03/09: 1. Transitional shelter 2. Health and mental health care for low-income persons 3. Affordable housing and utilities Geriatric Services Workgroup Responses 3/12/10: 1. Improved public transit coverage 2. Affordable assisted living 3. Information and referral, outreach and case management services Ms. Espino stated that if they were to be combined, they could fit into the following categories: 1. Housing (shelters/assisted living/affordable/utilities) 2. Health & Mental Care 3. Public Transit Coverage 4. Information and referral, outreach and case management services Ms. Espino added that there may be other priorities based on new Census figures. Page 34 Ms. Espino reviewed the handouts. Ms. Espino stated that due to the possibility of CDBG funds being reduced, the estimated available CDBG funds for human services had been revised. Also, backup had been provided for Fair Share funds received by the Children's Advocacy Center. Revision to Schedule of Meetings Ms. Espino apologized for the cancelation of the last meeting and provided a recommendation to reschedule the canceled meeting presentations to the March 1, 2011 meeting. She also recommended a night meeting to have more time for the committee to discuss their recommendations. A meeting was scheduled for Tuesday, March 8, 2011 at 6 p.m. Approval of Minutes from November 2, 2010 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Behrens made the motion to approve the minutes from November 2, 2010. Mari Metzgar seconded the motion. The minutes were approved as written. Discussion of Application Process Mr. Pogue asked if there were any questions about the application process. 2011-2012 Human Services Applicant Presentations Denton County Friends of the Family Donna Bloom, Director of Legal & Advocacy Services introduced herself. Ms. Bloom reviewed the array of services offered by Denton County Friends of the Family and the increase in needs in the community and the need for the funds. Mary Ann McDuff asked if information could be provided on the new office building and fundraisers. Ms. Bloom discussed the capital campaign for the new office building that will allow for much needed office space, the combining of Lewisville and Denton offices, more space for interns, savings and a net gain. She added that this was much needed due to the increase in crisis calls and need for services. Ms. Ross asked for clarification on fundraisers. Ms. Bloom listed various fundraisers that included Rhapsody. Fred Moore Day Nursery School, Inc. Alonzo Peterson, Executive Director introduced himself. Mr. Peterson provided information on the parents of the children attending Fred Moore Day Nursery School and the continued need for these funds. Cost is based on a sliding scale. It is an inexpensive day care but provides quality care. Fred Moore Day Nursery School has developed a Parent Council Association. Parents and students have gotten involved in providing clothing and other items for the community. Sheryl English asked how many kids the center served and what ages are served. Mr. Peterson stated that it serves about 44 kids, but fluctuates. The daycare serves children from six weeks to 6 years of age. Ms. English asked if the school had experienced losses due to the new school offering pre-kindergarten classes. Mr. Peterson stated that the school had experienced losses, but that it was understandable since the school was free to students who qualify. Mr. Pogue asked Mr. Peterson to address previous financial issues and the IRS. Mr. Peterson stated that various changes had occurred and the board had been able to obtain persons with financial background. He added that due to receipt of funds from the Dallas Women's Foundation, they were able to payoff a loan and become debt free. Page 35 Ms. English asked about the student to teacher ratios and meals. Mr. Peterson explained regulations and Fred Moore's teacher to student ratio. Students are also provided breakfast and lunch. Ms. English stated that Mr. Peterson should look at scholarships offered by the Texas PTA. Knights of Light Charities Rich Lubke and Ray LaMarre CFO CPA, board members, introduced themselves. Knights of Light Charities Incorporated owes much of its origins to a small committee of men from the Knights of Columbus Council who formed a homeless committee back in 1992 to provide assistance for those in need. Over the course of 13 years this organization helped countless numbers of individuals in the Lewisville, Flower Mound, and Highland Village area, often taking reference cases from the CCA, Salvation Arnry, and various local church organizations, distributing tens of thousands of dollars to the local community over time. Unfortunately, the Homeless Committee's primary source of fundraising, collecting donations on street corners, was slowly phased out and made illegal by the various local city councils thus eliminating the ability of the committee to gather funding for distribution. Mr. Lubke stated that the Knights of Light Charities has a diverse board that pays overhead. Any funding awarded by the City of Denton would be utilized only in Denton. They stated that they plan to work with organizations in Denton. There will be no overhead. These funds will allow the Knights to quickly serve persons in the community. Mari Metzger asked who makes the final decisions about who to help. Mr. Lubke stated that the board is responsible. Mr. LaMarre added that there are three board members involved in the payment of assistance. Mr. Lubke added that a budget is set up with local partners, like CCA. Mr. Lubke added that this was not the only assistance provided. They have made donations of computers, clothes and provide their services in volunteering in different locations. Barbara Ross asked if funds had been requested from the City of Lewisville and from the Town of Flower Mound. Mr. Lubke stated that they had and had not received funding, but that their application had been tied with Salvation Arnry of Lewisville. Mr. Pogue asked how Knights of Light Charities planned to go from assisting 2 to 25 persons. Mr. Lubke stated that the only reason they had assisted so few was due to the limit of funds. Other services have been provided to the area. Mr. LaMarre added that they are working to get connected with Denton agencies. Ms. Ross asked if they plan to have someone from Denton on their board. Ms. Lubke stated yes, and that they have people from all over the community. Mary Behrens asked if Knights of Light Charities was connected with Knights of Columbus in Denton. Mr. Lubke stated they are separate and that their group allows persons from different religious affiliations and women. Communities in Schools of North Texas Dana Smith, Director of Program Research & Grant Development and Hillary Talatzko, board member, introduced themselves. Ms. Smith stated the need for funding and the funding cuts that are occurring. The Texas Education Agency plans to cut 76% of their funding. This will drop the amount from $70,000 to $14,000. United Way is also looking at a cut of 30%. Mary Ann McDuff asked about the agency's fundraisers. Ms. Smith stated that there is the golf tournament, which raises about $18,000 - $20,000, the Gala in April, which raises about $60,000 and the 1 Child Giving Campaign. Page 36 Sheryl English asked in how many schools are services provided. Ms. Smith stated that four case management programs are offered in Borman, Calhoun, Rivera and Denton High School. 21st Century After School Programs provides services at eight secondary schools. This makes it a total of 12 programs in Denton. Mari Metgar asked how many students receive services. Ms. Smith stated that in the 2009-2010 school year, 407 students were case managed for the 4 CIS programs where funding was requested for from City of Denton. However, across all of our programs 1,257 Denton ISD students received services during the 2009-2010 school year. Barbara Ross asked if they worked with the school social workers. Ms. Smith stated that they work closely with social workers. RSVP Diana Corona, Executive Director, and Liz Shearman, Financial Director, introduced themselves. Ms. Corona mentioned a negotiation with their rent, which will allow $7,200 in savings this year. A new program started March 2010, partnered with the Better Business Bureau of Houston Education Foundation with development of senior medical patrols. This program educates seniors regarding billing, Medicare fraud and abuse. The agency is being affected by funding cuts. RSVP is federally sponsored by the Corporation for National Community Services, which is being targeted by the House of Representatives for dissolution. When cuts continue, RSVP will need to start eliminating staff and making other cuts, which is causing a domino effect. Programs continue to grow and currently have an enrollment of 1,200 across Denton County. Mary Behrens asked if RSVP partners with United Way. Ms. Corona stated that one of the goals is to focus on partnering with United Way partners. She wants to show the skills and possibility of RSVP volunteers. Volunteers have the experience to complete strategic plans. Mary Ann McDuff stated that she had an epiphany regarding volunteers and the role of RSVP. Children's Advocacy Center of Denton County Dan Leal, Executive Director and Cameron Cox, board member, introduced themselves. Mr. Cox discussed how he got involved with the agency and provided an overview of the agency. The agency served 329 victims from Denton, which is 19.1% of the total. He stated this is the highest percentage based on victims by city of residence. CACDC is also one of the agencies that work with the Denton Police Department. The agency is unique in their collaboration with different agencies and organizations. Mr. Leal discussed the reason behind the request for $100,000. The board came up with fair share strategy to ask for funding. This allocation approach requests that each municipality, whose residents use the services of the Children's Advocacy Center for Denton County, pay a portion of the operating expenses that is proportional to the use of services. The Center is providing an important service that the City of Denton Police Department could not provide without expending more money than what the CACDC is requesting from the city. The expert forensic interviews, partner agency coordination, training and specialized counseling provided by the organization are valuable to the criminal justice process. Due to the City of Denton funding, several cities have followed suit and are providing "fair share" funding. Steve Pogue asked if the plan was to request the funding from City Council. Mr. Leal added that the board hopes to provide the cities with regular updates. Mr. Pogue asked if there was something more than just the "fair share" letter that the committee could do for Children's Advocacy Center. Mr. Leal stated that a letter supporting the "fair share" would be very helpful. Page 37 Discussion of Human Services Applications The committee discussed finding availability and cuts. Mary Anne McDuff stated that a good question would be what efficiencies and priorities are you proposing. Closing Mr. Pogue asked the committee if there were any questions. There were no questions. The meeting was adjourned. Page 38 Approved by Committee 3/1/2011 OFFICIAL MINUTES Human Service Advisory Committee Meeting - February 22, 2011 Civic Center Conference Room, 321 E. McKinney, Denton, TX Members Present: James McDade, Teddy Griffin, Mary Behrens, Steve Pogue, Sheryl English, Mary Anne McDuff and Sara Bagheri Members Not Present: Maria Minerva Villanueva-Simental and Mari Metzgar Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and welcomed Sara Bagheri as a new committee member. Approval of Minutes from February 15, 2011 Mr. Pogue asked if there were any changes on the minutes. Hearing none, he asked for a motion. Mary Metzgar made a motion to approve the minutes from February 15, 2011. James McDade seconded the motion. The minutes were approved as written. Discussion of Application Process Mr. Pogue asked if there were any questions about the application process. 2011-2012 Human Services Applicant Presentations HOPE, Inc. Barbara Atkins, Executive Director of HOPE, Inc. introduced herself and stated that she would be making presentations for the Transitional Housing Program and the Homeless Management and Information System (HMIS). Ms. Atkins serves as the Project Manager for HMIS. Carl Seiler is the Project Coordinator and is not available to present because he is trying to complete the 2011 Homeless Point In Time Count. Transitional Housing Program - Ms. Atkins stated that at the Homeless Conference, the Annual Homeless Assessment Report (AHAR), a report to Congress on the extent and nature of homelessness in America, found that there is an increase in family homelessness. There are about 643,000 people homeless on a single night in January 2009. This anlount is down due to persons not being counted from supportive housing. Due to new regulations and new definition of homeless, HOPE has worked hard to adapt programs to comply. Homelessness Prevention and Rapid Rehousing (HPRP) has provided much needed funds and has allowed us to transition to the upcoming Emergency Solutions Grant. HPRP funds were awarded to three agencies and will be ending this year. This will cut positions and funding that is necessary to meet the needs in the community. Homelessness prevention has become very important in funding grants. Why prevention - it decreases the return to a crisis situation. Denton is in a good position to remain competitive with grants. Collaboration will be key. Homeless Information and Management System - Ms. Atkins described the services provided by Homeless Management Information System (HMIS). Agencies requesting federal and state funding are required to utilize the HMIS data system. HMIS reports information regarding social service agencies Page 39 serving the homeless. Mr. Seiler provides tech support to local agencies. The program assists with data sharing and to help with referrals. HMIS also provided data to AHAR. The Denton County Homeless Coalition has requested that the HMIS take the lead role in teaching and in completing the Point In Time Homeless Count. Steve Pogue had noted that 10% of HOPE's income came from fundraising. He asked if this has this been more difficult. Ms. Atkins stated that it has been more difficult, and has been a challenge for the board. Mary Ann McDuff asked what HOPE was doing regarding the need for a homeless shelter. Ms. Atkins stated that it was not the mission of their agency, but that it was needed in the community. It will be interesting to see the final numbers of the Point In Time Homeless Count. There is movement for development of a shelter and HOPE will support this effort. Mary Ann McDuff asked with what agencies HOPE collaborates with. Ms. Atkins stated that HOPE collaborates with churches, Christian Community Action, emergency service programs, school districts, landlords, Interfaith, and Denton Affordable Housing Corp. (DAHC). The collaboration with DAHC has provided 20 housing units to help 20 families for longer term assistance. Steve Pogue stated that per data, churches are the backbone of HOPE, he asked if they had seen an increase in their participation? Ms. Atkins stated that donations had remained the same, but there had been an increase in support and in-kind projects. Health Services of North Texas - Food Pantry & Health Clinic Susan Stambaugh, Director of Clinical Services, and Breanna Bouchard, introduced themselves. Ms. Stambaugh provided information describing where HSNT is headed. The agency has applied for federal designation as a qualified health center. The two local hospitals have provided the funds to have a doctor available. This will allow the clinic to see more people. 60% of clients are from the city of Denton. The clinic estimates that they will be seeing 12,000 clients in 2012. What the request will support is the ability of the clinic to offer diagnostic services and prescriptions. Funds for these services are currently not available. Also, due to the clinic's previous working relationships, reduced prices are available. The importance of a diagnosis can assist in getting a client in to see a specialty doctor (ex. cardiologist). The food pantry provides supplemental supplies of food to help ensure that HIV+ clients receive the proper amount of nutrition they need to stay healthy. If clients do not receive adequate protein, their drugs won't work. Steve Pogue stated that he had noted an increase in donations and successful fundraising. He asked what this was attributed to. Ms. Stambaugh stated that positions had been added whose challenge has been to increase donations and fundraising. She hopes that it will be more successful. Ms. Stambaugh noted that CDBG funding cuts will affect these programs. She hopes that these funds will not be cut. Ms. Stambaugh stated that the amount requested had been increased and this will allow them to serve more clients. She thanked the committee and City for their continued support. Family Health Care Patrice Capan introduced herself as Executive Director of Family Health Care. She is also a nurse practitioner. Besides the obstetrics/gynecology services offered, the clinic sees patients with other health issues, from eyes, dental, feet, breast mass, hypertension to diabetes. Clients' sense of trust with the care received, long term loyalty to FHC, and the agency's 23 year tradition of compassionate service recruits clients and referrals from area agencies. Of the clients seen, 40% were from the city of Denton. About 79% Page 40 of patients stay with the clinic through delivery. This is a significant number. The clinic has moved and is paying $1 a year for rent. The space was offered by Denton Regional Hospital. This clinic offers the biggest "bang for the buck" by providing much needed prenatal care. Otherwise, the medical community will be responsible for managing a late pregnancy care, which can be costly and detrimental to both the mother and the baby. Ms. Capan added that their patients are also provided a copy of their charts, so if for some reason they are not in the area for delivery, medical staff will have their information on their pregnancy. Mary Ann McDuff asked where the office was and why was the move necessary. Ms. Capan stated that it is located in the Denton Regional business building at 3537 S. I-35 E, Suite 210, Denton. The reason for the move was that Family Health Care was in danger of having to file bankruptcy, due to new amounts being reimbursed by Title X funds. Both local hospitals were approached and after consideration about the agency closing, causing an increase in no prenatal care that will cause an increase in births in emergency rooms, a win win recommendation was made. Denton Regional Hospital agreed to provide office space and Texas Health Denton would provide funds. There were some concerns about the utilization of the hospitals, but deliveries are about 50150 in both hospitals. There were also some concerns about patients being intimidated about their new location, but patients really like the office. Mary Behrens asked why the number of Denton Residents had dropped. Ms. Capan stated that this was due to the lesser amount of funds received. Also, City of Denton funds are utilized for care costs for the first two to three months, until Medicaid becomes active. Sometimes the amount of patients can vary. Sara Bagheri asked if the agency utilized the natural birthing centers in the area. Ms. Capan answered that patients can deliver anywhere they want, but she has to use OB/GYN Medical Directors to see their high risk patients and for them to work under. The patients then choose to deliver with them. Denton City County Day School Eddie Garcia, Executive Director, introduced himself. Mr. Garcia stated that the school serves 50+ low to moderate income families. DCCDS not only provides a safe and positive environment for children, but it helps to transition the children to kindergarten. DCCDS is required to comply with requirements and inspections from various groups, and since the school has been opened, it has only had three deficiencies. The school has a great history and does a great job in providing care and preparing children for kindergarten. Sheryl English asked what were the ages of the children and up to how many children can the facility have. Mr. Garcia stated that they can enroll up to 84 children, but currently have about seventy-seven children between the ages of two and five. There is a waiting list. Children have a tendency to be at the school from the age of two and have their siblings enroll. Mary Ann McDuff asked what the requested funds will be used for. Mr. Garcia stated that the funds will be used to cover part of teachers' salaries. There is need to maintain good and consistent care and this means maintaining good teachers. Ms. McDuff asked what the annual salary is for teachers. Mr. Garcia stated that the highest paid teacher is paid $12.50 per hour. The board thinks it is important to retain good teachers, so the board decided to offer benefits. 100% of health insurance is provided. Mary Behrens asked how many teachers the school has. Mr. Garcia stated that the school maintains child to teacher ratios that are below state requirements to ensure that children are provided with positive interactions. There are two per class and floaters (temp) are available when a teacher is absent. During the summer program more teachers are available. Page 41 Sheryl English asked if there had been a decrease in enrollment due to the new school in Denton. Mr. Garcia stated that there had initially been a little decrease, but the children are coming back. The new school only offers '/z days and most parents need care all day. Ms. English added there is probably another issue with the new school not being open in the summer. The recession has affected enrollment more significantly than the new school has. Sheryl English asked a question regarding the weekly fee; is it discounted if the household has more than one child in the school? Mr. Garcia stated that the weekly fee is based on a sliding scale dependent on family size and total family income. It is between $67 and $95 and no, it is not reduced for more than one child. The rate is already very inexpensive. Mr. Garcia added that he welcomed visits from the committee. People are always surprised by the quality of the facility. Please call or come by, except during nap time. Barbara Ross mentioned that CDBG finds had funded various additions, repairs and other items. CDBG finds are very important to organizations like DCCDS in the community. Denton Christian Preschool Judy Royal, Executive Director and Ray Jordan, Board Member and Treasurer, introduced themselves. Ms. Royal stated that the agency was requesting finds for the salary of a bilingual teacher and a bus driver. She noted that the new school has not had a tremendous impact on enrollment. The reason for this is that the new school does not offer transportation. There are currently 105 children on the waiting list and the need remains great even with the new school in the community. Mr. Jordan stated that financially the school's expenses have remained the same, but expenses have grown. The school has had to access their reserve and implement new fundraising. There are concerns that there may be further reductions and required legislation has been costly. Barbara Ross asked if there was something that caused the need for the fundraiser for the teachers' salaries. Ms. Royal stated that there had been a change in the economy and contributions had dropped, as well as United Way reduced their allocation. Rather than dropping salaries, the school added a fundraiser. Mr. Jordan added that the school had needed to make some staff cuts, but remaining staff has stepped in to help where needed. There has also been a reduction in salaries. Mr. Jordan mentioned the upcoming Mexican Supper fundraiser. Barbara Ross mentioned that Denton Christian Preschool was making a request for CDBG finds to update the playground in order to meet State requirements. Closing Mr. Pogue asked the committee if there were any questions. There were no questions. The meeting was adjourned. Page 42 Approved by Committee 3/8/2011 OFFICIAL MINUTES Human Service Advisory Committee Meeting - March 1, 2011 Civic Center Conference Room, 321 E. McKinney, Denton, TX Members Present: James McDade, Teddy Griffin, Steve Pogue, Sheryl English, Mary Anne McDuff, Sara Bagheri, Maria Minerva Vill anueva- Si mental and Mari Metzgar Members Not Present: Mary Behrens Staff Present: Alma Espino Chair Steve Pogue called the meeting to order. Announcements: None Approval of Minutes Mr. Pogue asked if there were any changes on the minutes. Sara Bagheri noted a correction of wording from natural birthing centers not national birthing centers. Sheryl English moved that the minutes be approved. James McDade seconded the motion. The minutes were approved as corrected. Discussion of Application Process Alma Espino discussed the evaluation. Ms. Espino requested the evaluations be submitted via email, by noon Friday. Ms. Espino asked if this would be sufficient time to complete the evaluations. The committee agreed to the deadline. Mr. Pogue requested that a reminder email be sent with the deadline. Discussion and Recommendation of Park's Request to Reallocate 2010-11 Owsley Summer Program awarded funds to Kings Kids Day Kamp Alma Espino provided a quick overview of the request. Kathy Schaeffer from the Parks Department was asked to provide further detail. Ms. Schaeffer stated that the Owsley Summer Program was eliminated due to budget cuts and issues with attendance. Also, parents had issues with the setup. They did not like their kids being picked up at the park and transported to another location. More openings have been added to the Kings Kids Day Kamp and the Parks Department is requesting for the committee to consider reallocating the fronds to the Kings Kids Day Kamp. 2011-2012 Human Services Applicant Presentations City of Denton PARD - Kings Kids Day Kamp Kathy Schaeffer continued with the 2011-12 application for finding presentation. Ms. Schaeffer stated that the camp is offered during the summer, Monday-Friday, from 9 a.m. to 5 p.m. The applicant requirements have been revised; an applicant is required to provide certain documentation and at least one parent is required to be working or going to school. Sheryl English asked if finds are allocated will the camp have a greater waiting list. Ms. Schaeffer stated that there Kings Kids Day Kamp waiting list is usually a longer than for Owsley. Parents just didn't like the structure of Owsley and put had a tendency to put their children on the waiting list for the Kings Kids Day Kamp. Page 43 Steve Pogue asked regarding the canceled IMAGINE program mentioned in the application. Ms. Schaeffer stated that the IMAGINE program provided opportunities to students that were either failing or significantly struggling with school. The program would allow staff to work with them for 6 months doing leadership training, anger management, intensive tutoring, community service and fundraising. After this time they were eligible for a trip, like to Washington, D. C. Sheryl English asked what the costs were for these trips. Ms. Schaeffer stated that with airfare and hotel the cost could be about $7,000. It was a good program, where the kids worked hard and put in a lot of hours to participate in the program. Ms. English asked if there was another way to still offer the program, maybe a trip to a local area. The program is very beneficial and teaches leadership. Ms Schaeffer stated that there has been some talk about maybe offering the program and a trip locally, like San Antonio. Steve Pogue stated that in the past the camps had received funds from the Park Foundation. Are they still providing funds? Ms. Schaeffer stated that the Foundation is focusing their funds to pay for scholarships for''/z day camps. This may change in the future. Discussion and Recommendation of Park's Request to Reallocate 2010-11 Owsley Summer Program awarded funds to Kings Kids Day Kamp Alma Espino asked for clarification on what the reallocated funds would be utilized for. Ms. Schaeffer stated that the reallocated funds would be used to fund salary costs for a camp counselor. The committee discussed the recommendation to reallocate 2010-11 Owsley Summer Program awarded funds to Kings Kids Day Kamp. Sheryl English made a motion to reallocate funds to the Kings Kids Day Kamp. James McDade seconded the motion. The motion was approved. Special Programs for Aging Needs (SPAN) Deb Robertson, new Executive Director and Toni Haithcock, RD, LD, Nutrition Services Manager introduced themselves. Ms. Haithcock stated information on other program provided by SPAN. Senior Paws is a program that supports the needs of the Meals on Wheels clients by providing monthly pet food supplements. Senior Paws will help to ensure that seniors are not sharing their hot lunches with their beloved companions when they are unable to afford enough pet food. SPAN is also offering Lifeline. Lifeline is an emergency telephone link to a monitoring center that is activated by a subscriber pressing a button on a pendant that is worn around the neck. The subscriber can then speak with a trained specialist about their problem and can get appropriate help, ranging up to the arrival of emergency medical personnel, police or firefighters. SPAN will install a Lifeline Emergency Response System with no installation fee and maintain the system for $35 per month. SPAN provides congregate meals and home delivered meals. Sometimes the home delivered meals are the client's only contact. Hunger for seniors is on the rise and continues to increase. SPAN served 855 persons in Denton County. Baby boomers are getting older and they will be needing assistance. Ms. Haithcock stated that SPAN's strategic funding and goal is to have sufficient meals for emergency situations, as well as to have enough funding to provide immediate needs and food for example if someone is getting out of the hospital. Currently, clients would need to be referred to a food pantry. Sheryl English asked what other goals SPAN had for southern Denton County. Ms. Haithcock stated that currently, there are meal routes and persons can be delivered to if they are within 10 miles of a hot site. Where congregate meals are provided. Otherwise a person is eligible for one hot meal and four cold meals. Mari Metzgar asked what funds are specifically going to provide the service for Lifeline. Ms. Haithcock stated that the funds are being provided by another program, not City funds. Page 44 Steve Pogue asked about the reduction of AAA finding. Ms. Haithcock replied that there has been a 35% reduction. AAA is taking finds from larger communities to provide to smaller communities. Sara Bagheri asked about eligibility requirements for the SPAN meal program. Alma Espino provided general eligibility requirements. Camp Summit Lisa Braziel, Camp Director and L. Kimberly Karl, Board Chair introduced themselves. Ms. Braziel stated how their programs assist families and benefits the individual being assisted. In 2010, the program served 1500 campers. The program offers weekend, spring and summer camps to adults and children with disabilities. 81 campers were served during spring break. They are now offering a camp during the fall for adults because kids will still be in school. Ms. Karl mentioned the finding issues. After partnering with United Way of Dallas for years, United Way has changed their priorities and are not finding Camp Summit. This is a loss of $150,000 to the budget. Ms. Braziel described a specific camper's experience. Many times this is the only social and recreational activities available. Ms. Braziel added that besides the benefits it provides the campers, Camp Summit provides quite an impact and respite to the families of the campers. A lot of times the caregiver/family has been providing care for many years. Mari Metzgar stated that based on their application, Camp Summit serves 2% of city of Denton residents. Ms. Metzgar asked what other communities are providing finding in north Texas. Ms. Braziel stated that finding is provided by Flower Mound, Lewisville, and Farmers Branch. Camp Summit is always working to obtain finding from other areas. Ms. Karl mentioned how the camp had affected various citizens of Denton. The camp is working to increase numbers of campers in Denton. The ages of campers have been from the age of 6 to 87 years of age. Sheryl English asked regarding the list of disabilities because she would like to provide that information to her daughter who works with persons with disabilities. Ms. Braziel stated that Camp Summit is the best kept secret. She added that services are available to campers with different disabilities. Mary Ann McDuff asked if the camp was not located in Montague County. Ms. Braziel stated that the camp is still located in Denton County and the plan is to move in 5 years. James McDade asked how the United Way of Denton finding will affect the agency. Ms. Braziel stated that the agency had budgeted to not expect finding. The agency does not currently fit into the vision though people can designate their finding to Camp Summit. The plan is to reapply. James McDade asked regarding the board. Ms. Karl stated that the agency is working to recruit more board members. Court Appointed Special Advocates (CASA) of Denton County Sherri Gideon, Executive Director introduced herself. Ms. Gideon stated the importance of the agency is to the children in the community. There have been 18 nationwide studies that have shown that with advocates; children did better in school, are more likely to graduate, do better in services, their parents access more services, there are less foster changes, less time in the foster system and less returns to the foster system. Their most recent goal is to reduce the cost per child served. Currently, the cost per child is Page 45 about $1,400 locally. It is $1,100 nationally. The hope of the agency is to increase volunteers to 70% of cases, which would reduce costs to $1,142 per child. Last year the agency served 85% of children in Denton County. Why fund CASA? The agency has maintained good partnership with Denton and is an important service in the community. The request is only for 2% of CASA's budget, while 46% of persons served were from Denton. Sara Bagheri asked how volunteers are found. Ms. Gideon stated that they utilize state and national advertising. The agency is located on 6 to 7 sites on the internet. Presentations are also made in the communities. Mary Ann McDuff mentioned the availability of RSVP and their pool of senior volunteers. Sara Bagheri asked how many typical cases are given to a volunteer. Ms. Gideon stated that normally about 2 cases, but some volunteers have up to 4 cases. Day Stay for Adults, Inc. Erica Strain, Executive Director and Derek Logan, Associate Director introduced themselves. Ms. Strain is located at the Lewisville location and Mr. Logan is located at the Corinth location. The Lewisville and the Corinth locations serve about 22 clients a day. The Denton site used to serve about 17 persons per day. Rates average about $44 per day, and the center accepts Medicaid. Currently, 7 to 8 clients are from the city of Denton and fall in the low to extremely low income category. Ms. Strain stated that they are working to provide services not only to the elderly, but to the younger population, who need the services. Even with the changes in location, the agency still provides services to fanulies who have been with them since the beginning. Mary Ann McDuff asked regarding backgrounds of Ms. Strain and Mr. Logan. Ms. Strain stated that she had a background in Special Education, which had made her aware of the organization. She liked what she saw and joined the organization. Mr. Logan stated he had a background in case management at a State School. Closing Mr. Pogue asked the committee if there were any questions. There were no questions. The meeting was adjourned. Page 46 Approved by Committee 5/2/11 Official Minutes Human Service Advisory Committee Meeting - March 8, 2011 City Hall East, 2nd Floor Conference Room, 601 E. Hickory, Denton, TX Members Present: Mary Behrens, James McDade, Teddy Griffin, Steve Pogue, Sheryl English, Mary Anne McDuff, Sara Bagheri, Maria Minerva Villanueva-Simental and Mari Metzgar Staff Present: Barbara Ross and Alma Espino Chair Steve Pogue called the meeting to order and asked for any announcements. Alma Espino asked if there were any issues with the emails sent. Approval of Minutes from March 1, 2011 Mr. Pogue asked if there were any changes to the minutes. Hearing none, he asked for a motion. Teddy Griffin made a motion to approve the minutes from March 1, 2011. Sheryl English seconded the motion. The minutes were approved as written. Results of Individual Recommendation Sheets Alma Espino provided the committee with a summary of the committee's evaluations that included an average allocation amount. The average was determined by totaling the individual recommendations, per agency, and dividing by nine (9) members. This was provided prior to the meeting and extra copies were available. Ms. Espino asked if anyone had any questions or if any corrections were noted. The total amount equaled $256,920. Steve Pogue discussed the amount of funds available for recommendations. Both CDBG and general funds are based on an estimate. Mr. Pogue recommended that each agency be discussed, and the committee member who made the largest and smallest recommendation explain their reason(s) behind their recommendation. Members agreed that they would review the list of requesting agencies, discuss the amount of funding, and make a recommendation. However, they would be able to go back and make revisions as needed, based on the total budget numbers. Camp Summit Camp Summit was discussed. Mari Metzgar stated that she recommended not funding the agency, because at this time, basic services, like food, are more important. James McDade added that they provide a good service, but that at this time the funds are not there. Maria Minerva Villanueva- Simental stated her support for the program and that she works with many students who utilize the program. Mari Metzgar recommended that due to other needs, that agency be recommended for funding of $2,000. Members agreed to recommend to fund the agency $2,000. Court Appointed Special Advocates (CASA) CASA was discussed. Teddy Griffin stated that this agency was important but that the funding amount proposed probably should have been lower due to them already receiving money from the Benefit League. James McDade stated that he had based his funding level on all of the money the agency has coming in. Sheryl English stated that those funds are not guaranteed. Every agency is receiving cuts. Mary Ann McDuff stated that there are cuts everywhere. Members agreed to recommend funding at the average amount of $9,500. Page 47 Children's Advocacy Center Members discussed the request from the Children's Advocacy Center of Denton County. Sheryl English stated that the agency is important. Barbara Ross explained Fair Share. The amount is unknown and can only be estimated. Mary Ann McDuff stated that she had recommended the same amount funded last year and that Children's Advocacy Center has mega fund raisers. Sara Bagheri stated that she had been confused about fair share funds and probably would have recommended a lower amount if she knew these funds were available. Steve Pogue stated that it would be beneficial if the committee knew the amount of Fair Share funds that would be provided. Alma Espino stated that this amount is unknown and how they come up with this amount is also unknown. Ms. Bagheri complimented the application and cost per services. Ms. McDuff added that the agency had a good history and director. Members discussed fair share funds and the need to know this amount prior to funding the agency and the need for this to become part of the police budget. Members agreed to recommend to fund at $10,000. City of Denton PARD - Kings Kids Day Kamp Summer Playground Program Members discussed the Kings Kids Day Kamp summer playground program. Teddy Griffin stated that she recommended funding because per Kathy Schaeffer, the program was not going to receive funds from the Parks Foundation. There is a greater need. Alma Espino noted that the Owsley Sumner program was no longer available. Sara Bagheri stated that there were other places to cut and this was a great program and the only free summer camp. She added that any program offering services in this early stage in life was a good program. Members agreed to recommend to fund at $12,000. Communities In Schools Communities In Schools was discussed. Sheryl English stated that the program was valuable. James McDade stated that they, like all the agencies, need to fundraise more. He added that the board doesn't help with funds. Mary Ann McDuff stated that she is aware of the agency through United Way. Due to State budget cuts, this program will be impacted. The agency also has several fundraisers, which includes a gala. They also have a grant writer, staff and are a United Way agency. Mari Metzgar stated that the agency provides incredible services and recommended an increase. Members agreed to recommend to fund at $7,000. Day Stay for Adults Day Stay for Adults was discussed. Maria Minerva Villanueva- Si mental stated that she liked the program and people need this program. Teddy Griffin stated that this year was very difficult and she put money elsewhere. Mari Metzgar asked for them to take a look at increasing their amount. Sara Bagheri stated a concern regarding funding health insurance. Alma Espino stated that based on reimbursement rules and the amount of tracking that would be required, it would be recommended that their application be revised, as it was last year. The City would reimburse the difference between what Medicaid reimburses and their daily rate. Steve Pogue added that the agency should be made aware of this prior to submitting next year's application. Ms. Bagheri stated that she was concerned with the application. Ms. Espino stated that she would discuss with the agency and let them know that the reimbursement on the difference between what Medicaid reimburses and their daily rate would be the option funded. Members agreed to recommend funding the average of $5,100. Denton Christian Preschool Denton Christian Preschool was discussed. James McDade ranked them high, due to the economy and the need for affordable childcare. Sheryl English stated that it was important and a needed program. Daycare is very expensive and there are very few that offer affordable day care. Mary Ann Page 48 McDuff stated that the daycares needed to be funded at last year's anlount. Members discussed and agreed to recommend to fund at $22,056. Denton City County Day School Members discussed Denton City County Day School. Sara Bagheri stated that she recommends fully funding the application. She added that she liked their application, their numbers and that it was one of the fairest in pay scale for staff/administration. The agency manages their dollars and is partially self sufficient. Again, any program offering services in this early stage in life is a good program. Steve Pogue stated that he likes their philosophy and that they had a good administrator. Mary Ann McDuff stated that she was most impressed with Eddie Garcia, the numbers, quality and quantity. She also recommends an increase from last year's allocation amount. This program has a high impact. Members agreed to recommend to fund at $26,550. Denton County Friends of Family (DCFOF) DCFOF was discussed. Sheryl English stated that they have a lot of fundraisers. Teddy Griffin stated that she had recommended an increase and that it was near and dear to her heart. James McDade stated that the agency has money from other sources, like the Restore. Members agreed to recommend to fund at $24,940. Family Health Care Family Health Care was discussed. Mari Metzgar stated that health services were more critical, due to the economy. There is a greater need. This agency impacts the community and touches lives early. James McDade stated that he recommended less funding due to the agency receiving help from the three local hospitals, which included free rent. Alma Espino stated the history as to why Family Health Care was now receiving free rent from Denton Regional. The agency was in financial crisis and was in danger of closing. The agency approached the hospitals and due to the impact to the community, they decided to assist. Teddy Griffin stated that she had recommended less funding due to them obtaining various grants and that they were receiving a lot of financial help from different sources. Sara Bagheri stated that prenatal care is a necessity and that the recommended the amount should be closer to last year's amount. Their access to the hospitals shows savvy management. Ms. Metzgar recommended a higher amount. Members agreed to recommend to fund at $19,000. Fred Moore Nursery School Members discussed Fred Moore Nursery School. Sara Bagheri stated that she is partial to early childhood care agencies and that the agency fulfilled a need for low cost day care. Mary McDuff stated that she recommended funding the agency. The agency provides infant day care and needs the support. Sheryl English stated this day care is utilized and wanted to change her recommendation from lower to a higher amount. Mary Ann McDuff stated that day cares needed to be funded at last year's amount. Members agreed to recommend to fund at $23,556. Health Services of North Texas (formerly known as AIDS Services of North Texas) Health Services of North Texas was discussed. Teddy Griffin stated that she recommended less due to the need to divide funds and the fact that the agency has received a Flow grant. Mari Metzgar stated that a high percentage of clients live in Denton. She added that health care is very expensive and not providing this service could have dire consequences. Steve Pogue asked regarding the closing of People's Clinic. Alma Espino stated that Health Services of North Texas did take over the agency when they closed, and they were also given the reallocated remainder of the City of Denton Human Services funds. Mary Ann McDuff stated that this has allowed the agency to expand. Mary Page 49 Behrens stated that the two hospitals have provided a doctor. Members agreed to recommend funding the average of $21,990. HOPE, Inc. - Transitional Housing Members discussed HOPE, Inc. Maria Minerva Villanueva- Si mental stated that she liked the program because it provides help in emergency situations and for a long term basis, plus the agency provides education and resources. Teddy Griffin stated that this service was needed to address the increase in homeless families. Members agreed to recommend funding the average of $20,930. HOPE, Inc. - Homeless Management information System HOPE, Inc. - HMIS was discussed. The HMIS System is required for all agencies requesting federal and state funding who are required to utilize the HMIS data system. HMIS reports information regarding social service agencies serving the homeless. Mr. Seiler provides tech support to local agencies. The program assists with data sharing and to help with referrals. HMIS also provided data to AHAR. The Denton County Homeless Coalition has requested that the HMIS take the lead role in teaching and in completing the Point In Time Homeless Count. Members agreed to recommend funding the agency for $18,000. Knights of Light Charities Members discussed Knights of Light Charities. Maria Minerva Villanueva-Simental stated that only two clients were served in Denton. Mari Metzgar stated that the two persons had been obtained from Salvation Army. Ms. Metzgar added that she was concerned with the approval process. Various members agreed that the agency needed to improve their process. Members agreed to not recommend the agency for funding. Retired Senior Volunteer Program (RSVP) Members discussed RSVP. Mari Metzgar stated that the agency fills a gap with volunteer needs in the community. Various members recognized the benefit to the community and recommended an increase over the average. Members agreed to recommend to fund at $7,900. Special Programs for Aging Needs (SPAN) SPAN was discussed. Mary Ann McDuff asked regarding the stimulus funds. Staff explained that several agencies had received stimulus funds. Members agreed to recommend to fund at $21,000. Approval: Funding Recommendations Alma Espino stated that amounts for CDBG and General Funds are subject to approval by City Council. Alma Espino stated that she would advise the committee regarding the date for the Council work session presentation of 2011-2012 Human Services funding recommendations. Barbara Ross stated that the final CDBG amount is unknown and could be cut. A decision was made to approve the funding and meet again if changes were requested. Sara Bagheri made a motion to approve the funding recommendations and James McDade seconded the motion. The members approved the funding recommendations. Discussion and Recommendation of "Fair Share" Funding Support Letter Members agreed to submit a letter in support of "fair share" funding. The letter would be forwarded to Steve Pogue for Review. The meeting was adjourned. Page 50 UNOFFICIAL MINUTES Human Service Advisory Committee Meeting - May 2, 2011 City Hall East, Human Resources Conference Room, 601 E. Hickory, Denton, TX Members Present: Teddy Griffin, Steve Pogue, Sheryl English, Sara Bagheri, Maria Minerva Vill anueva- Si mental and Mari Metzgar Members Not Present: Mary Behrens, James McDade, Mary Anne McDuff Staff Present: Barbara Ross and Alma Espino Steve Pogue, Chair, called the meeting to order. Alma Espino, human services coordinator, announced that the public hearing to obtain citizen comments on the proposed 2011 Action Plan would be at the City Council meeting on May 3rd. She also noted that the HSAC and CDAC recommendations would be presented to City Council at the work session on May 17thMr. Pogue indicated that the work session was somewhat informal and that Council members had the opportunity to ask questions regarding the committee's recommendations. Committee to Review & Revise 2011-12 Funding Recommendations / Approval Members discussed the additional reduction to the City's CDBG allocation. Mary Metzgar asked staff to explain the two proposals that they had received. Ms. Espino explained that the City was notified of the approximate amount of the CDBG allocation for next year which is a reduction in the amount previously budgeted by the HSAC. She stated that both proposals provided to committee members reduced funding previously allocated to the Children's Advocacy Center (CAC). Ms. Espino stated that it was possible CAC would receive the additional funding from the City under their "Fair Share" request. This proposal set the general fund dollars allocated at $119,837, which was the close to the amount of general funds allocated to human services in 2009-2010. The second proposal would reduce the general funds allocation to $115,345 which is the 2010-11 level of funding. Ms. Metzgar asked about the impact to the Children's Advocacy Center if no additional funding is available. Ms. Ross stated that final funding agreements are not executed until October, so that if CAC needed additional funding to maintain current service levels there would be an opportunity to make budget revisions or seek additional funding. Ms. Espino added that she talked with Dan Leal, executive director of CAC, and he had no concerns regarding the HSAC's recommendations based on the fact that "Fair Share" funding would probably also be available. Ms. Metzgar and Ms. English both stated that they supported the proposal that included the $119,837 in general fund dollars. Ms. Metzgar mentioned the $1 per capita standard but, stated that she felt the higher level of funding was necessary to support these agencies and their services. Ms. Bagheri, Ms. Villanueva and Ms. Griffin indicated that they agreed. Mr. Pogue asked if there was a motion to accept the proposed budget recommendation. Ms. English moved to accept recommendation number one. Ms. Griffin seconded the motion. The motion was approved unanimously. Approval of Minutes from March 8, 2011 Mr. Pogue asked if there were any changes to the minutes. Hearing none, he asked for a motion. Sheryl English made a motion to approve the minutes from March 8, 2011. Teddy Griffin seconded the motion. The minutes were approved as written. Members discussed the public hearing and the presentation to the Council on the May 17th meeting. The meeting was adjourned. Page 51 Community Development Advisory Committee Meeting November 12, 2010 Approved Minutes Members Present: Chris Briggs, Bob Gorton, Herbert Holl, Gerard Hudspeth, Ray Jordan, John Siegmund, Dorothy Watts Members Absent: Cathy Tedrick Staff Present: Barbara Ross Ms. Ross welcomed the committee members. Mr. Hudspeth and Mr. Jordan took their oath of office as members of the Community Development Advisory Committee. The members of the committee introduced themselves. Ms. Ross reviewed the program requirements and eligible activities under the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) programs. She also reviewed the public works, non-profit facility projects and housing programs that were in progress. Ms. Ross provided budget information and explained that funds have been committed to projects that should be completed early in 2011. Mr. Siegmund asked what the committee's role was in regard to these programs. Ms. Ross explained that the committee was responsible for reviewing applications for project/program funding and developing funding recommendations to be presented to City Council. The CDAC recommendations would be based on community needs. The information received from various organizations requesting funds and input from the public in general is used to help determine community needs. Mr. Siegmund asked if funds had to be returned to the Federal government if they were not used by the City. Ms. Ross explained that HUD has a "timeliness test" and that grantees could have no more than 1.5 times their annual CDBG allocation in their letter of credit near the end of the program year. If a city has more than this amount, then they could be asked to give up that amount of funding. Ms. Ross commented that, since the inception of the program in 1985, the City of Denton has not had to return any CDBG or HOME funds to the Federal government. Members reviewed the 2010-2011 application form. Gerard Hudspeth commented that those requesting funds do not always provide an adequate description of the population they intend to serve. He asked if requesting organizations could be more detailed in this description. Ms. Ross pointed out that this should be part of their response to Section II, e, and that she would emphasize at the training that more information needs to be provided. It was also noted that Ms. Ross should request more information regarding marketing of services in response to Section VII of the application. Members discussed the need for more financial information. Mr. Briggs suggested that the committee review financial information from at least the past three years. Members agreed to request these records from any organizations applying for Page 52 project funds except City departments. This would include revenue, income and expense statements and balance sheets. Ms. Ross gave the committee the public hearing information. Mr. Siegmund asked how the public hearings were advertised. Ms. Ross stated that the hearings are advertised in the Denton Record-Chronicle, flyers will be provided to neighborhood associations and local churches and the information will go out in the Community Development newsletter. Members discussed the public hearing process. Bob Gorton suggested that the public hearing flyers be sent out to the members of the various City board and commissions. Ms. Ross indicated that staff works to ensure that the low and moderate-income community is notified of the hearings. Mr. Holl asked if staff had concerns that the public hearing comments may be skewed if board members were to attend the hearings. Ms. Ross indicated that this was not a concern. Ms. Ross asked members to comment on the brief survey that public hearing participants are asked to complete. Mr. Jordan commented that participants may not know what the Minor Repair and Home Improvement programs are. Ms. Ross stated that she would explain the programs to those present. Ms. Ross asked the members if they wanted to elect their chair and vice-chair at this time, or would they want to wait until the next meeting. Herbert Holl nominated Gerard Hudspeth as chair and Dorothy Watts as vice-chair. Ray Jordan seconded the motion. The motion was approved unanimously. Members discussed future meeting dates. It was agreed that all four Fridays in February would be tentative meeting dates. Ms. Ross explained that the application information would be provided to the committee members at least a week before the first meeting on February 4tn Members asked Ms. Ross to send the public hearing information out in an email. The meeting was adjourned. Page 53 Community Development Advisory Committee February 11, 2011 Approved Minutes Members Present: Chris Briggs, Bob Gorton, Herbert Holl, Ray Jordan, John Siegmund, Cathy Tedrick, Dorothy Watts Members Absent: Gerard Hudspeth Staff Present: Barbara Ross Dorothy Watts, CDAC Vice-Chair called the meeting to order at 11:35 am. Ms. Watts explained to the committee that Gerard Hudspeth, Chair, was not able to attend the meeting. Ms. Watts asked the members to review the minutes and state if any corrections were needed. Ray Jordan moved approval of the minutes as written. John Siegmund seconded the motion. The minutes were approved as written. Ms. Watts reviewed committee procedures. Ms. Watts asked the committee members to introduce themselves to the presenter from the Denton Affordable Housing Corporation. Sheila Harper, DAHC, introduced herself and began her presentation. Ms. Harper handed out attachment "C" which was not included with the application materials. She indicated that DAHC was requesting funds to rehabilitate some of their rental units and for operating expenses. Ms. Harper noted that when the organization's Affordable Housing Opportunity Program (AHOP) was active, they were able to include a 10% profit for each unit they sold to an eligible household. These funds were used for operating expenses. Since the housing market has slowed, they need some additional support for operating expenses. It is their hope that AHOP will pick up again and they won't need the additional assistance in this area. Ms. Harper also noted that the income from DAHC's rental properties doesn't cover their administrative expenses. This is due to the fact that the units are rented to persons with disabilities and households participating in transitional housing programs. Units housing these groups tend to have high maintenance costs. Ms. Harper reviewed the specific items that generally need to be replaced in these units. Bob Gorton asked if the tenants would pay the water bill for the new sprinkler system. Ms. Harper indicated that they would not be paying that cost. Mr. Holl asked if the rebates for insulation upgrades were just for homeowners or could DAHC take advantage of them. Ms. Harper stated that she would look into that. Chris Briggs asked how long the tenants tended to stay in the units. Ms. Harper stated that many were in transitional housing programs and stayed at least two years. Mr. Gorton discussed the use of operating costs by organizations and how they sometimes become dependent on that type of funding. Ms. Harper commented that she hoped DAHC did not have to continue to request operating funds. Ms. Ross pointed out that when DAHC was first formed, they did request funds for operating, but did not continue to request these funds after they got their programs up and running. There were no additional questions for Ms. Harper. Page 54 Ms. Ross discussed the current funding issues. She explained to the committee members that the City does not yet know that the HOME and CDBG allocations will be for the 2011-2012 funding year. She noted that some members of Congress are recommending that no funding be allocated for CDBG. Mr. Siegmund asked about the sources of the funding. Ms. Ross indicated that the funding is awarded to Denton and is available directly from the Federal government though there are some communities that receive these funds the State. Mr. Briggs asked if there was a cut, would it be an across the board cut, or would some communities/areas get a smaller cut. Ms. Ross explained that there is a CDBG formula that determines the funding amounts for each grantee. Right now staff is estimating a 10% cut and would ask that the CDAC base their recommendations on that amount. Gordon Meredith, residential construction specialist, described the City's Minor Repair Program (MRP). He stated that the program provides up to $5,000 for repairs for single-family, owner-occupied units. Also, $3,500 is the limit for repairs on mobile homes. It is set up to do "emergency" type repairs that would continue to damage the unit if not repaired. He noted that 41 families were assisted with needed repairs last year. Mr. Meredith explained that staff generally divides the funding up into fourths and spends only 25% of it each quarter. This is because the City's program year ends July 31st, and staff wants to ensure that funds are available during the summer to assist with HVAC problems. The MRP serves the entire city. Members had various questions for Mr. Meredith. Mr. Siegmund asked how households find out about the program. Mr. Meredith explained that staff puts out a newsletter, flyers, ads in the newspaper and that code enforcement helps to get out the word. Ms. Ross added that they also send emails to the neighborhood association leaders and ask them to pass it along to their members. Mr. Briggs asked about the total number of requests received. Mr. Meredith said that it is usually around 60 so, most households are eligible and do get assistance. Ray Jordan asked why the request is higher than last year's. Mr. Meredith explained that some of the requested funding would be used for minor repairs on homebuyer assistance units during the next program year. Cathy Tedrick asked who completes the inspections. Mr. Meredith stated that Building Inspections is required to do an inspection if a permit is pulled but he also does an inspection before any payment is made. His inspection confirms that he work was completed. Mr. Briggs asked if the contractors used for the projects are local. Mr. Meredith said most are located in Denton or in Denton County. Ms. Watts asked about the budget balance. Mr. Meredith indicated that all current funding will be expended by August 2011. He indicated he would provide an updated budget balance for the CDAC. Luisa Rodriguez-Garcia presented a request for Homebuyer Assistance Program funding. She stated that staff is requesting $42,150 to assist with personnel and program management costs. Ms. Rodriguez-Garcia stated that she is projecting to have approximately $250,000 for the 2011-2012 year beginning in August 2011. She noted that the funding requested was for staff salaries for those that carried out the program. Several questions involved program funding and requirements. Mr. Jordan asked how much of the funding had been expended. Ms. Rodriguez-Garcia stated that on the 17 households were assisted last year, $180,000 was expended. She added that usually the assistance is $10,000 to $11,000 per household. Ms. Rodriguez-Garcia explained the "gap financing" that is also available and that staff is also attempting to get additional money to help with repairs to the units. Mr. Jordan asked about the funding source for the repair program. Ms. Rodriguez-Garcia Page 55 indicated that it would come through the Minor Repair Program and would require more time and paperwork on these units. Ms. Tedrick stated that she hoped the repairs would not be done until the after the closing to ensure that funding wouldn't be spent on an ineligible unit. Ms. Rodriguez-Garcia indicated that this was correct. Mr. Briggs asked about the tenure rate of the participating homebuyers. Ms. Rodriguez-Garcia discussed the program requirements including the lien that was placed on the properties to ensure that the City's investment was protected. She noted that homebuyers had a five, seven or ten year commitment and that most stayed for the required period, only 2% or less moved out before this. Mr. Gorton asked if the sellers were individuals, investors or banks. Ms. Rodriguez-Garcia stated that 99% are seller occupied when purchased by the HAP client. Members discussed other aspects of the homebuyer program. Mr. Jordan asked about the percentage of Minor Repair Program funding that would be allocated for these repairs. Members discussed whether the owner should be responsible for all repairs. Setting a cap on the amount of MRP funds that could be used for this purpose was also discussed. Ms. Rodriguez-Garcia explained that HUD HOME program requirements for the homebuyer unit are more stringent that those required for an FHA loan. She stated that the owners do complete all repairs that were pointed out in the independent inspector's report. However, often there are things that staff will note that need to be replaced or repaired that were not included in that report. An owner would not normally pay for these and often wouldn't participate in the program if they were required to complete additional repairs. Mr. Jordan asked what would happen if the program was cut by 10%. Ms. Rodriguez-Garcia stated that the number of new homeowners assisted would have to be reduced. Mr. Gorton asked if there was an identifiable trend of realtors or title companies that were involved in the process. Ms. Rodriguez-Garcia stated that she works with about 20 lenders, several title companies and realtors. Staff noted that because HAP purchases are often more work for realtors, some prefer not to work with households participating in the program. Ms. Watts asked about the population that was served by the program. She noted that it appears that certain groups continue to benefit and asked about the application qualifications and the marketing of the program. Ms. Rodriguez-Garcia stated that staff tracks the applications and notes why they are not approved. The main reason is credit issues. She also reviewed the marketing of the program through lenders, realtors, special events, newsletters, etc. In some instances, Ms. Rodriguez-Garcia refers people to Consumer Credit Counseling. Ms. Ross noted that she had talked with a representative of SEDNA and are looking at providing some credit counseling classes later this spring as has been done in the past. Ms. Ross also noted that the census information should provide statistics regarding the race, ethnicity and other characteristics of the low-income families moving into Denton that would eventually qualify for the program. Mr. Briggs asked how many prospective homebuyers were turned away. Ms. Rodriguez-Garcia stated that last year 35 households apply and 17 were assisted. She stated some don't qualify, others can't find a home in their approved price range. Mr. Briggs asked what would happen if funding was not available for repairs. Ms. Rodriguez-Garcia responded that those families looking for homes in the $70,000 and $80,000 price range would have difficulty finding a unit that qualifies. Mr. Holl asked about the cost of the repairs per unit to be paid by the MRP. Ms. Rodriguez-Garcia indicated that it is about $900 per unit. Page 56 Ms. Ross indicated that she had researched the eligibility of completing repairs/renovation on a property that is not owned by the non-profit providing services. She noted that Denton Christian Preschool operates on property owned by a church. Ms. Ross stated that she would provide the committee with the Federal regulation that states if the area where services are provided is separate from the area where non-eligible activities taking place, the improvements can still be completed. She added that she talked with Judith Royal, executive director of Denton Christian Preschool, and Ms. Royal stated that only the children participating in the day care use the playground. The name of the program and the possibility that some groups might not participate due to the religious association, was also discussed. Mr. Jordan stated that the daycare serves a very diverse population and that this includes religious diversity. Ms. Ross said that she would ask Ms. Royal to be prepared to discuss these issues. Members discussed upcoming meetings. Mr. Holl asked if the Engineering project requests were in priority order. Ms. Ross stated that she thought so but, that she would contact Becky Guthrie to confirm. The meeting was adjourned at 1:07 pm. Page 57 Community Development Advisory Committee February 18, 2011 Approved Minutes Members Present: Chris Briggs, Gerard Hudspeth, Herbert Holl, Ray Jordan and John Siegmund Members Absent: Bob Gorton, Cathy Tedrick, Dorothy Watts Staff Present: Barbara Ross Gerard Hudspeth, chairperson, called the meeting to order. Ms. Ross apologized for the fact that the committee had not yet received the corrected version of the minutes from February I Ith and stated that she would send them out with the minutes from this meeting. She stated that approval of the minutes will need to be delayed until the March 4th meeting. Mr. Hudspeth asked Lisa Stephens of the Pinnacle Housing Group to begin her presentation. Ms. Stephens stated that Thursday evening, they held a neighborhood meeting to discuss the possible rehabilitation of Singing Oaks. She noted that it was built in 1970 and was currently owned by Price Realty. She added that the structure's need for renovation was more extensive than originally thought. A completely new electrical system is needed. Ms. Stephens stated that an application is being submitted to the Texas Department of Housing and Community Affairs (TDHCA) to request tax credits for some of the rehabilitation costs. She stated that 90% of the residents could stay in place. The developer is not buying the property simply to "flip" it. Committee members had several questions for Ms. Stephens. Mr. Jordan asked her to describe the demographic characteristics of the residents. Ms. Stephens indicated that there is a significant number of Hispanics and seniors living at the complex. She added that most of the households would qualify to remain. Mr. Jordan asked what the developer would do if funding was not received from the City of Denton. She stated that TDHCA application procedures provide additional points to projects where at least $4,000 per unit in local support funds is requested for the project. There is another potential source for funding if the request to the City is not awarded. Mr. Briggs asked if they receive funding from other cities. Ms. Stephens replied that they do receive CDBG, HOME, Neighborhood Stabilization Program funding and other funding from local governments. Mr. Hudspeth asked if Pinnacle's office was in Denton. Ms. Stephens stated that the main office was in Florida but that she is the regional outreach staff member and spends most of her time in the area. Mr. Holl noted that the cost of the rehabilitation would be approximately $60,000 per unit and asked if it wouldn't be cost effective to reconstruct the complex. Ms. Stephens stated that it would be approximately $90,000 per unit to demolish and re-build. Mr. Holl asked about the limited liability corporation. Ms. Stephens explained that this entity was set up to own and manage the development. Mr. Briggs asked if the amenities would support families with school age children. Ms. Stephens reviewed the list of complex amenities that would be available to individuals and families. Mr. Siegmund asked if the exterior was going to change much. Ms. Page 58 Stephens stated that they will replace the wood siding and trim but, most of the exterior would not be changed. Mr. Hudspeth asked Ms. Stephens what amount of funding would ensure that the project could go forward and Ms. Ross asked if the "request" for funding was sufficient to meet the TDHCA application requirements. It was noted that the organization was a "for profit" developer. Members discussed the tax credit process. Mr. Jordan asked how many years the property was required to meet the tax credit program requirements and when the developer would begin making a profit. Ms. Stephens stated that the "request" for funding was needed to get additional points on their TDHCA application. She noted that they would be under the tax credit requirements for ten years but, would most likely begin making a profit a year after project completion. Becky Guthrie from the City of Denton Engineering Department gave a presentation on several projects for which they are requesting funds. The Powerpoint presentation indicated the number of households that would benefit from each project. The requests included three sewer line replacement projects, one water line project, one combination water and sewer line replacements and two sidewalk projects. Ms. Guthrie explained that the sewer and water line projects were areas where there had been some problems. Mr. Jordan asked how much it cost to complete line break repairs. Mr. Siegmund pointed out that with steel or cast iron pipes, if the system begins coming apart, the frequency of breaks would increase causing problems for the residents. Mr. Briggs asked if information could be provided to the committee regarding the average cost to repair a line break. Mr. Siegmund asked if City staff checks to see if the water and/or sewer lines also need replacement before a street is repaved. Ms. Guthrie indicated that this was the case and she described the process to ensure that street improvements are not completed and then torn up to replace water and sewer lines. Ms. Guthrie stated that the sidewalk projects had been citizen requests. Egan sidewalks would benefit approximately 16 households and assist students in getting to Calhoun Middle School and Denton High School. Crescent Street would also assist the students walking to DHS and benefit 26 households. Ms. Guthrie discussed pending and completed projects. She noted that one of the issues on the Eagle Sidewalks project was the easement acquisition. Mr. Siegmund stated that he thought the City had the easement right-of-way on all streets. Ms. Guthrie stated that in some instances, additional right-of-way is needed for sidewalks. Members discussed the Crescent Street sidewalk project and whether many residents would use the sidewalks. It was noted that the sidewalks could allow residents to walk protected all the way to Carroll Blvd. Mr. Jordan stated that there are more seniors out walking that could use the sidewalks. Mr. Hudspeth asked if local contractors were used to do the work on these projects. Ms. Guthrie and Ms. Ross indicated that in many instances they are local but, the jobs are awarded based on the lowest, reasonable bid. There is no targeting to local contractors. Page 59 Judith Royal and Alicia Blanca presented Denton Christian Preschool's (DCP) request for funding. Ms. Royal indicated that the State licensing requirements state that day care facilities must have a certain type of material below their playground equipment. DCP plans to encompass the entire playground with a wooden border and fill it with pea gravel. Ms. Royal added that the day care does not have the funding to complete this project. DCP requested funding from another source but, it was not approved. Ms. Royal added that even though the name of the school is Denton Christian Preschool, that they do not teach the Christian faith. By regulation, they are not allowed to do so. She added that one of the staff members is Buddhist. Mr. Hudspeth asked that if DCP is awarded the amount that they requested, will this be sufficient for them to meet all requirements. Ms. Royal and Ms. Blanca indicated that it would. Ms. Royal said that in some instances children from the nearby neighborhood and some from the church may play on the equipment. Ms. Ross asked if the Church was contributing anything to the project. Ms. Royal stated that they did not have the funding to assist. Mr. Siegmund stated that from their balance sheet, it appeared that DCP could fund the project. Ms. Royal stated that they have had to do fund raisers to pay salaries. She noted that the funding in the endowment account could not be touched. Mr. Briggs stated that without the resurfacing, the playground could not be used. Ms. Blanca talked briefly about the children from the Owsley area that have no play areas. Ms. Ross pointed out that there is a CDBG-funded "Owsley Park" in the area. Ms. Blanca indicated that unless the parent can go with the child, they would normally not go to the park alone. Ms. Ross explained that the committee had some CDBG-R stimulus funding left from the Redwood Sewer project that needs to be reallocated. She stated that the Parks and Recreation Department had some projects that they would bring to the committee for possible funding. The meeting was adjourned. Page 60 Community Development Advisory Committee March 4, 2011 Approved Minutes Members Present: Chris Briggs, Bob Gorton, Herbert Holl, Gerard Hudspeth - Chair, Ray Jordan, John Siegmund, Cathy Tedrick, Dorothy Watts - Vice Chair. Member Absent: None Staff Present: Barbara Ross Dorothy Watts, Vice Chair, called the meeting to order. She asked members if there were any additional changes to the minutes of February 11th. Bob Gorton moved that the minutes be approved with the corrections, Herbert Holl seconded the motion. The February 11th minutes were approved unanimously. Ms. Watts then asked members if there were any changes to the minutes from February 18th. Ms. Ross pointed out some minor corrections that were brought to her attention and had been revised. Ms. Watts asked for a motion. Cathy Tedrick moved that the minutes be approved as corrected. John Siegmund seconded the motion. The February 18th minutes were approved unanimously. Barbara Ross apologized to the committee and stated that she had not given Jim Mays, Parks Superintendent, sufficient information regarding his presentation to the committee. He was prepared to present information regarding the additional electrical repairs to be completed at Fred Moore Park rather than the proposal to expend residual CDBG-R stimulus funding. Ms. Ross indicated that they would bring the proposal back to the committee within the next two weeks. Nancy Baker presented the funding request for the City's Home Improvement Program. She passed out copies of the revised guidelines. Ms. Baker stated that the program currently includes rehabilitation and reconstruction of owner-occupied housing units. Some projects include accessibility improvements. Information is provided to the homeowner(s) regarding maintenance of their home and the new appliances. Ms. Baker pointed out that the program actually improves neighborhoods, not just individual units. In some instances, homeowners living near a reconstructed unit will make repairs to their unit as well. Assisted units are brought up to Energy Star standards. Ms. Baker stated the amount that is being requested for the program. Ms. Baker reviewed the program's history including the racial/ethnic information of the households that had participated; one Asian, 179 African American, 150 White with 46 of those being of Hispanic ethnicity. A total of $8,800,000 in Home Improvement Program funds had been spent the program began back in 1985. She also reviewed the project information by census tracts. Ray Jordan asked about the program's surplus of $436,000 last July and "0" in July the following year. He asked how the budget balances could be so different. Ms. Baker explained that it is the manner in which the funds are "committed" based on HUD guidelines. The funds are sitting there but they will be committed by the end of the grant year. Mr. Jordan asked what is driving the increased spending. Ms. Baker indicated that they have 18 Page 61 households on the waiting list. Ms. Ross also explained how HUD's "timeliness test" works. She added that staff also re-engineered the program to include a certain number of rehabilitations rather than only doing reconstructions. Mr. Jordan asked about the bidding process. Ms. Baker explained that contractors can let staff know that they'd like to bid and as long as they meet certain requirements like insurance, references, etc. that they can bid on the projects. Ms. Ross pointed out that the funding is a loan to the homeowner so, if they would like, they can also find their own contractor as long as the contractor meets the program requirements and the bid is within the cost estimate completed by staff. Ms. Baker reviewed the proposed loan/deferred forgivable loan stricture. It was noted that all participants pay something back depending on their income. Bob Gorton asked about the new census figures and how they might affect the program. Ms. Ross indicated that the new numbers should be out in April but, it probably won't affect the allocations for the 2011-12 year. She stated that much would depend on what Congress does regarding the funding for the 2011-12 grant year. Mr. Hudspeth asked about ranking the funding requests. Members agreed not to use a ranking form but, just to discuss which projects should be funded. Mr. Hudspeth suggested that they start with the "must" fund activities. It was noted that the Denton Affordable Housing Corporation (DAHC) is the only certified Community Housing Development Organization (CHDO) in Denton. They must receive a minimum of 15% of the City's HOME project funding or it goes back to HUD. Ms. Ross indicated that this would be $78,034 of the HOME funding that must be allocated to DAHC. Members agreed to this allocation. Members discussed Denton Christian Preschool. Mr. Briggs stated that there had been some previous discussion regarding using some of the stimulus funds to complete the preschool project so that it could be done more quickly. Ms. Ross stated that this could be done but, that there are some additional requirements. It was noted that this would probably not be a hardship for the daycare. Mr. Jordan indicated that there had been an auto accident and that the insurance may pay for some of the repairs. He stated that the project may go away. Ms. Ross stated that when they allocate the remaining stimulus funds she would propose that any residual funds go to housing projects so that they can be spent quickly without any additional formal amendments. Mr. Holl suggested that DAHC's amount not be limited to the 15% and asked that the committee discuss this further. Members discussed the Singing Oaks rental complex project. It was agreed that the Pinnacle Housing Group appeared to have other sources from which they could obtain funds to complete the project if they receive tax credits from the State. Mr. Hudspeth stated that the City's funding appeared to be easier funding to get but, it's not necessary. Mr. Briggs stated that Ms. Stephens asked what would happen if they didn't receive funding and she indicated that nothing would happen. Therefore, it seems apparent that they do not need the funding. Ms. Ross indicated that the Mayor had signed a letter of support for the project. Members agreed not to allocate any funding to the project. Mr. Jordan asked about the funding to be moved from the Minor Repair Program to the Homebuyer Assistance Program (HAP) for repairs on homebuyer units. Ms. Ross asked Luisa Rodriguez-Garcia to explain the need for funding for these minor repairs. It was Page 62 explained that the funds would be spend for repairs that are not required based on the independent inspectors report but are still required by HUD regulations. Ms. Tedrick asked for a clarification regarding the repairs that are paid for through the program. She asked if the owner makes money off the house at closing are they required to pay the funding back. Ms. Rodriguez-Garcia says that many homeowners sell their homes "as is" and if they have to make additional repairs, they will not participate in the program. Ms. Rodriguez-Garcia also noted that homeowners these days are not making much money upon the sale of their property. It was noted that $50,000 of the Minor Repair Program (MRP) request was for this purpose and could be moved to the Homebuyer Assistance Program. Mr. Jordan suggested that $42,150 for the HAP come from HOME and the $50,000 for minor repairs come from CDBG. It was also noted that all the Home Improvement Program funding could come from HOME funds. Mr. Hudspeth suggested that the $50,000 be moved from Minor Repair to the Homebuyer program. This would leave $125,000 for the Minor Repair Program. Ms. Ross indicated that MRP has to come from CDBG. Mr. Jordan asked if an addendum to the book could be prepared so that the members could provide that information to anyone who asked about the changes. Mr. Hudspeth asked about the Home Improvement Program request $405,985. It was noted all of the funding could come from HOME. Mr. Briggs pointed out that there were really no other programs/projects that could be paid from HOME funds. Members agreed to give DAHC their total request of $85,000. Mr. Hudspeth asked how much HOME funding was still available. Ms. Watts noted that this is the total amount available. Mr. Gorton suggested the remainder of the HIP request come from CDBG funds. Members agreed to provide the remaining $381,553 in HOME funds and $24,432 to the Home Improvement Program. With $437,981 remaining members reviewed the Engineering Department requests. Mr. Hudspeth pointed out that the projects were in priority order. Mr. Briggs indicated that you couldn't provide less than the amount requested or the project could not be completed. Mr. Holl stated that they could include the top two priorities. He noted that if the top two are funded there is about $15,000 left. Members agreed to recommend funding for the first two projects -Clifton Street Sewer and Morse Street Sewer. Ms. Ross stated that project costs included staff costs and she did not believe the amount could be substantially cut. Mr. Holl said he would not advocate cutting other programs to fund the next sewer project. Mr. Briggs suggested giving the remaining $15,000 to one of the housing programs. Mr. Gorton suggested the funding be allocated to the Minor Repair Program. The total for the MRP would now be $140,481. Members discussed recommending that the remaining funding be used for the MRP program. Mr. Jordan stated that there were other Engineering projects that affected a higher number of residents. Ms. Watts stated a concern about the amount of street repairs that the SE Denton neighborhood residents could handle. Mr. Gorton agreed that it was currently difficult to get around in the area near Fred Moore High School. Mr. Holl asked if some of the projects were in their final phase. Mr. Briggs stated that if this is a priority that it will eventually have to be done. If Engineering has prioritized them, then the Committee should support this. Mr. Gorton agreed with supporting the Engineering Department's priorities. Mr. Holl asked that the City constantly has commitments to do these activities but, CDBG allows these projects to jump forward. Ms. Ross pointed out that if the projects were due to be completed with local funds in the next two to three years, they could not be funded through CDBG because this would be Page 63 supplanting local funds with Federal funds and this is not allowed. Members agreed to recommend funding to the Clifton Street Sewer and the Morse Street Sewer projects. Ms. Tedrick asked if the insurance company totally funded the repairs to Denton Christian Preschool, what would happen to the funding if it isn't needed. Mr. Jordan indicated that the daycare should know before the Committee's final decision whether the repairs will include all the improvements for which funding was requested. Mr. Hudspeth made a motion that the Committee approve the allocations as noted on the spreadsheet. The motion was seconded by John Siegmund. The motion was approved unanimously. Ms. Ross indicated that the House of Representatives had approved a 62.5% cut to CDBG. She noted that the Senate is expected not to cut CDBG at this same level. Members agreed that they would like to meet for a brief meeting around noon to review the proposals for expenditure of the stimulus funding. The meeting was adjourned. Page 64 Community Development Advisory Committee March 25, 2011 Approved Minutes Members Present: Chris Briggs, Bob Gorton, John Siegmund, Cathy Tedrick, and Dorothy Watts - Vice Chair Member Absent: Herbert Holl, Gerard Hudspeth and Ray Jordan Staff Present: Barbara Ross Dorothy Watts, Vice Chair, called the meeting to order. She asked members if there were any additional changes to the minutes of March 4th meeting. John Siegmund pointed out one minor correction on page 3. Bob Gorton made a motion to approve the minutes as corrected. Cathy Tedrick seconded the motion. The motion was approved unanimously. Barbara Ross explained the reallocation of the CDBG-R funds. She stated that there was approximately $60,000 left after completion of the Redwood Sewer project and that staff recommends that the remaining funds be allocated as follows: • Fred Moore Electrical Work - $14,164.87 (An additional $10,832.87 was added to the original allocation of $3,332 for additional electrical upgrades in the park.) • Denton Christian Preschool Playground - $13,895.00 • Minor Repair Program - $5,000.13 • MLK & Denia Playground Shade Strictures - $41,013.00 • Administration - $7,331.83 Ms. Ross noted that staff also recommends the transfer of $8,235.13 in CDBG-R administration funding to project funding. She commented that the Fred Moore Electrical work was included in the original list of projects but additional funds have been allocated to the project. Also, a small amount of funding for the Minor Repair Program is being recommended so that any funds remaining after all projects are complete, can be moved and used in that program without requiring additional amendments. This would ensure that all CDBG-R funds are spent by the deadline and no stimulus funding is taken back by HUD. Mr. Siegmund asked what other members thought about the playground covers. There was some discussion regarding material covers vs. steel. It was noted that Parks Superintendent, Jim Mays, prior to the start of the meeting, indicated that the covers usually last 10 to 12 years. Ms. Watts asked where the cover would be placed at MLK. Ms. Ross responded that it would be at the back of the building over the playground area. Chris Briggs moved that the committee recommend that City Council approve the CDBG-R amendment. John Siegmund seconded the motion. The motion was approved. Ms. Watts asked Ms. Ross to explain the staff request regarding the Denton Affordable Housing Corporation (DAHC) 2011-12 allocation recommendation. Ms. Ross stated that the request and subsequent allocation of funding to the DAHC was not sufficient to meet the HOME Program regulations. DAHC, as the City's only certified Community Housing Page 65 Development Organization (CHDO), must spend at least 15% of the City's HOME allocation on projects. The $85,000 allocated to DAHC would leave only about $7,000 for operating costs. DAHC had requested $25,000 to assist with operating costs. Ms. Ross stated that the CDAC could take the $15,000 previously added to the Minor Repair Program budget and allocate it to provide DAHC with a total of $100,000. Approximately $78,000 would be dedicated to housing programs and projects, the remaining funding could be used for operating costs. Bob Gorton moved that the committee revise their recommendations to include the $15,000 in the DAHC allocation. Cathy Tedrick seconded the motion. The motion was approved unanimously. Ms. Ross stated that DAHC has also requested that they be allowed to use $23,000 in 2006 funding for operating costs. Ms. Tedrick asked about DAHC's 2006 allocation and the need for additional operating funds. Ms. Ross stated that DAHC had received an allocation of $140,000 in 2006 for their Affordable Housing Opportunity Program. The funds were to be used to assist with the purchase, renovation and subsequent sale of single-family units to income-eligible households. Ms. Ross noted that all of the funds except the remaining $23,000 were expended on projects. She added that DAHC had previously used some of their income from the sale of properties to support their operations however, housing sales have slowed and this is the main reason that DAHC is requesting to use the 2006 residual funds for operating costs. Ms. Ross indicated that she had contacted the City's representative at the US Dept. of Housing & Urban Development to see if previous year funding could be reallocated for this purpose and it was approved. Mr. Briggs made a motion that the committee recommend an amendment to allow DAHC to use the $23,000 in 2006 funding for operating costs. Mr. Siegmund seconded the motion. The motion was approved unanimously. Ms. Watts asked if there was any further business. Ms. Ross told the committee members that the initial presentation to City Council by the committees would be on May 3rd at the work session. A public hearing on the proposed Action Plan will also be held that evening during the regular session. Staff will go to Council for final approval of the Action Plan on May 17tH The meeting was adjourned. Page 66 Community Development Advisory Committee May 4, 2011 Draft Minutes Members Present: Bob Gorton, Gerard Hudspeth, Ray Jordan, John Siegmund, Cathy Tedrick, Dorothy Watts Members Absent: Chris Briggs, Herbert Holl Staff Present: Barbara Ross Gerard Hudspeth, Chair, called the meeting to order. He asked if there were any revisions to the minutes of March 25th. Ray Jordan noted that the minutes indicated that $60,000 was left over after the Redwood Sewer project but the project amounts listed in the minutes were much more than the $60,000. Barbara Ross explained that the list of projects with funding amounts included the $60,000 plus some administration funding that staff recommended be moved to projects. She added that the Fred Moore Park electrical upgrade project had previously been funded and would now receive more funding, so this was also included in the allocation amounts. Mr. Hudspeth suggested making some type of notation in the minutes to explain the additional funding. Ms. Ross stated that she would add an explanation next to the Fred Moore Electrical Improvements project line. Bob Gorton made a motion to accept the minutes as corrected. Mr. Jordan seconded the motion. The minutes were approved as corrected. Mr. Hudspeth asked Ms. Ross to explain the staff's recommendations for 2011 funding reductions. Ms. Ross stated that the US Department of Housing and Urban Development (HUD) had sent out allocation estimates based on the 2011 Congressional budget that was recently passed. She noted that the estimated funding levels were less than the amount previously estimated by staff and allocated by the committee to various projects. Ms. Ross explained that the difference in the CDBG funding was approximately 5.6%. Staff recommends reducing each of the CDBG-funded activities by 5.6%. Ms. Ross added that she talked with Becky Guthrie in the Engineering Department who then spoke with staff in Water/Wastewater. Ms. Guthrie indicated that Water/Wastewater was willing to cover any costs for the two sewer projects previously recommended for funding by the Community Development Advisory Committee (CDAC) if the CDBG funding allocated to the projects was not sufficient to complete the projects. Ms. Ross stated staff was also recommending that the approximately $9,900 reduction to the HOME program budget, be cut from the Home Improvement Program budget. She noted that any funding left over from past infrastructure projects could be transferred to the Home Improvement Program budget. This would ensure that sufficient funds are available to assist low-income homeowners with needed repairs. John Siegmund stated that he supported the staff recommendations regarding how to handle the reduced budget amounts. Ms. Watts asked for confirmation that the Morse Street Sewer project could still be completed. Ms. Ross responded that it would be included in the budget with the slight reduction in funding and that Water/Wastewater would cover any deficit. Page 67 Ms. Ross stated that the final dollar amount of the City's CDBG and HOME allocation could be slightly higher or lower than HUD's estimates. She stated that if the committee agrees, staff would probably make any needed reductions or increases to the budgets of the housing programs. Mr. Gorton made a motion to accept staff's recommendations and to present them to City Council for approval. Cathy Tedrick and John Siegmund both seconded the motion. The motion was approved unanimously. Ms. Ross informed the committee that there were no comments made at last night's public hearing on the proposed 2011 Action Plan. Cathy Tedrick stated that it was her last meeting as her term had expired after serving six years on the committee. Committee members thanked her for her service on the CDAC. The meeting was adjourned. Page 68 APPENDIX #1 - #3 SF424 Applications Page 69 SF 424 Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. Date Submitted Applicant Identifier 756000514 Type of Submission Date Received by state State Identifier Application Pre-application Date Received by HUD Federal Identifier ❑ Construction ❑ Construction ❑ Non Construction ❑ Non Construction Applicant Information Jurisdiction CITY OF DENTON UOG Code Street Address Line 1 601 E. HICKORY, SUITE B _Organizational DUNS 07-138-0190 Street Address Line 2 Organizational Unit City DENTON State TEXAS Department PLANNING & DEVELOPMENT ZIP 76201 Countr U.S.A. Division COMMUNITY DEVELOPMENT Employer Identification Number EIN : Count DENTON 5-6000514 Program Year Start Date MM/DD 08/01/11 Applicant Type: Specify Other Type if necessary: Local Government: Township Specify Other Type U.S. Department o Program Funding Housing and Urban Development Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles: Description of Areas Affected by CDBG Project(s) Housing rehabilitation, minor repair, public facility Denton, Texas improvements, provision of public services, homeownership assistance, and program administration. CDBG Grant Amount dditional HUD Grant(s) Leveraged Describe 822,958 (estimated) 1A Additional Federal Funds Leveraged Additional State Funds Leveraged Locally Leveraged Funds Grantee Funds Leveraged Anticipated Program Income Other (Describe) 10,000 Total Funds Leveraged for CDBG-based Project(s) Page 70 Home Investment Partnerships Program 14.239 HOME HOME Project Titles: housing rehabilitation, assistance to Description of Areas Affected by HOME Project(s) CHDO for acquisition, rehab and homeownership Denton, Texas assistance, tenant based rental assistance and program administration $HOME Grant Amount $Additional HUD Grant(s) Leveraged Describe $510,281 estimated $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) $45,000 Total Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Descri tion of Areas Affected b ESG Project(s) $ESG Grant Amount Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG-based Project(s) Congressional Districts of: Is application subject to review by state Executive Order Applicant Districts 26 Project Districts 26 12372 Process? Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the "Yes" please include an additional document state EO 12372 process for review on DATE explaining the situation. ❑ No Program is not covered b EO 12372 ❑ Yes ® No ® N/A Program has not been selected by the state for review Person to be contacted regarding this application First Name Barbara Middle Initial L. Last Name Ross Title CD Administrator Phone (940) 349-7235 Fax (940) 349-7753 eMail Bross aQcityofdenton.com Grantee Website - www.cityofdenton.com Other Contact Signature of Authorized Representative - George C. Campbell, City Manager Date Signed Page 71 APPENDIX #4 Certifications Page 72 LOCAL GOVERNMENT CERTIFICATIONS FOR CDBG AND HOME PROGRAMS In accordance Nvith the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing The Jurisdiction Nvill affirmatively further fair housing, which means it Nvill conduct an analysis of impediments to fair housing choice Nvithin the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan It Nvill comply Nvith the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(4) of the Housing and Community Development Act of 1974, as amended, in connection Nvith any activity assisted Nvith funding under the CDBG or HOME programs. Drug Free Workplace It Nvill or Nvill continue to provide a drug-free Norkplace by: 1. Publishing a statement notifi-ing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's Norkplace and specifi-ing the actions that Nvill be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free aNvareness program to inform employees about - a. The dangers of drug abuse in the Norkplace b. The grantee's policy of maintaining a drug-free Norkplace c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the Norkplace 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifi-ing the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notifi- the employer in Nvriting of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifi-ing the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or othertivise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee Nvas working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, 7. Making a good faith effort to continue to maintain a drug-free Norkplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Page 73 Anti-Lobbying To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifi- and disclose accordingly. Authority of Jurisdiction The consolidated plan is authorized under State and local lave (as applicable) and the jurisdiction possesses the legal authority to carry- out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent kvith the strategic plan. Section 3 It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Pait 135. Signature/Authorized Official Date George C. Campbell Naive City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number Page 74 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation It is in full compliance and folloNving a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan It is folloNving a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds It has complied Nvith the folloNving criteria: Maximum Feasible Priority - With respect to activities expected to be assisted Nvith CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or Nvelfare of the community, and other financial resources are not available); Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2011, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments - It Nvill not attempt to recover any capital costs of public improvements assisted Nvith CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties oN-,ned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part Nvith CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property Nvith respect to the public improvements financed by a source other than CDBG funds. The Jurisdiction Nvill not attempt to recover any capital costs of public improvements assisted -,with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property 'kvith respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties oN-,ned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 75 Excessive Force It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations Nvithin its jurisdiction; Compliance With Anti-discrimination laws The grant Nvill be conducted and administered in conformity Nvith title VI of the Civil Rights Act of 1964 (42 USC 20004), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint Its activities concerning lead-based paint Nvill comply Nvith the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws It Nvill comply Nvith applicable laws. Signature/Authorized Official Date George C. Campbell Naive City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number Page 76 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitaiy, and affordable housing. Eligible Activities and Costs it is using and Nvill use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and Nvill not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance before committing any funds to a project, it Nvill evaluate the project in accordance Nvith the guidelines that it adopts for this purpose and Nvill not invest any more HOME funds in combination Nvith other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date George C. Campbell Naive City Manager Title 215 E. McKinney Street Address Denton Texas 76201 City/State/Zip (940) 349-8307 Telephone Number Page 77 APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drub Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knoNvingly rendered a false certification, or otheitivise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may tape action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the Norkplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the Nvorkplace(s) on file in its office and make the information available for Federal inspection. Failure to identifi- all known Norkplaces constitutes aviolation of the grantee's drug-free Norkplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where Nvork under the grant tapes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the Norkplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the Norkplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of Nvork done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are Norkplaces on file that are not identified here. The certification with regard to the drug-free Norkplace is required by 24 CFR part 21. Place Name Street City Count State Zip Community Development 601 E. Hickory, Denton Denton TX 76205 Department Suite B Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees' attention is called, in Page 78 particular, to the folloNving definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of Nvork under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of Nvork under the grant and who are on the grantee's payroll. This definition does not include Nvorkers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered Nvorkplaces). Note that by signing these certifications, certain documents must be completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date George C. Campbell Naive City Manager Title 215 E. McKinney Street Address Denton, Texas 76201 City/State/Zip (349) 349-8307 Telephone Number Page 79 APPENDIX #5 Annual Housing Goals Page 80 Annual Housing Completion Goals (Table 3B) Grantee Name: Expected Annual Actual Annual Resources used during the period Number of Units Number of Units Program Year: To Be Completed Completed CDBG HOME ESG HOPWA BENEFICIARY GOALS (See. 215 Only) Homeless households ❑ ❑ ❑ ❑ Non-homeless households 68 ® ® ❑ ❑ Special needs households 8 ❑ ® ❑ ❑ Total Sec. 215 Beneficiaries* 76 ® ® ❑ ❑ RENTAL GOALS (See. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units 8 ❑ ® ❑ ❑ Rental Assistance ❑ ❑ ❑ Total Sec. 215 Affordable Rental 8 ❑ ® ❑ ❑ HOME OWNER GOALS (See. 215 Only) Acquisition of existing units ❑ ❑ Production of new units ❑ ❑ Rehabilitation of existing units 43 Homebuver Assistance 25 ® ® ❑ Total Sec. 215 Affordable Owner 68 ® ® ❑ ❑ COMBINED RENTAL AND OWNER GOALS (See. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units 51 ® ® ❑ ❑ Rental Assistance ❑ ❑ ❑ Homebuver Assistance 25 ® ® ❑ Combined Total Sec. 215 Goals* 76 ® ® ❑ ❑ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing) Animal Rental Housing Goal 8 ® ® ❑ ❑ Animal Owner Housing Goal 68 ® ® ❑ ❑ Total Overall Housing Goal 76 ® ® ❑ ❑ Page 81 AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene' SUBJECT Receive a report, hold a discussion and give staff direction regarding a proposed amendment to an ordinance of the City of Denton, Texas amending Section 22-32 of the Code of Ordinances of the City of Denton relating to the possession and consumption of alcohol in North Lakes Park, excluding North Lakes Recreation Center and the North Lakes Annex building therein; providing a severability clause, a penalty clause and an effective date. BACKGROUND The Parks and Recreation Department (PARD) would like to allow the sale of alcoholic beverages in North Lakes Park. The North Lakes Recreation Center and the North Lakes Annex building at Windsor and Riney Road would be excluded from this amendment. The sale of alcoholic beverages in North Lakes Park would use the same process currently in place for Quakertown Park: • Must be in conjunction with an approved event, activity or rental of space approved by the City in advance. • Review by the Parks, Recreation and Beautification Board. • Approval of City Council. The Park would not be opened for the public to consume alcohol; only a TABC licensed vendor will be able to sell alcoholic beverages during approved events. The proposed change would be used by staff to help attract adult athletic tournaments. If PARD hosted a tournament, an RFP would be sent to local vendors and the alcohol sales would be contracted, limiting the City's liability. During the last three years, staff has been making improvements to the athletic fields at North Lakes Park to make them more attractive to tournament organizers: • All six softball fields have been converted to clay infields, regraded, irrigated, and sodded. • New backstops, dugouts, and a concrete plaza were added to fields 5 and 6. • A playground is being installed at fields 1-4 for children to use while their parents are participating in a sports activity. • The restroom facility at fields 5 and 6 is scheduled to be replaced this year and will include an umpire's room. • New bleachers will be installed at the softball fields as part of the 2011-2012 budget. Agenda Information Sheet Alcoholic Beverages in North Lakes Park May 17, 2011 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the May 2, 2011 meeting, the Parks, Recreation and Beautification Board voted 7-0 in favor of recommending approval of the request to allow alcoholic beverages in North Lakes Park (park only, not North Lakes Recreation Center or the North Lakes Annex building) as outlined in the ordinance. FISCAL INFORMATION Hosting large athletic tournaments is one of the ways that PARD can help contribute to the local economy. The National Association of Sports Commissions has determined that, on average, a participant spends $146.89 per day at an event. Using this number, a one day rugby tournament with 30 teams would add over $50,000 to Denton's economy and a 3-day softball tournament with 50 teams would have an impact over $280,000. EXHIBITS 1. Parks, Recreation and Beautification Board Meeting Minutes of May 2, 2011 2. Proposed Revised Ordinance Respectfully submitted: fA Emerson Vorel, Director Parks and Recreation Department DRAFT Parks, Recreation and Beautification Board Minutes May 2, 2011 Denton Civic Center Members present: Carol Brantley, Vicki Byrd, Alex Lieban, Derrick Murray, Janet Shelton, Dave Rowley, Jennifer Wages Members absent: None Staff present: Emerson Vorel, Bob Tickner, Jim Mays, Maiv Aukerman, Jeff Gilbert, Denton Senior Center Manager REGULAR MEETING I. CALL TO ORDER - Murray, Park Board Chairperson, called the meeting to order at 6:03 p.m. 2. APPROVAL OF MINUTES OF May 2, 2011 MEETING: Shelton made a motion to approve the minutes as Nvritten, Rowley seconded and the motion carried Nvith a vote of 7-0. 3. AWARDS AND RECOGNITIONS: A. Murray introduced Caroline Tobias, a student at North Central Texas College, who would be observing the meeting for extra credit in one of her classes. B. Jeff Gilbert, manager of the Denton Senior Center, was given an award by LULAC at their annual event on April 14. The event is for the election of officers and to award over $13,000 in scholarships. Approximately 180 were in attendance. Gilbert explained that he has a goal to increase diversity at the Senior Center and has been working with LULAC in that endeavor. He has already seen some success for his efforts. 4. ACTION ITEMS: A. Allowing Alcoholic Beverages on North Lakes Park Grounds - To assist staff with their efforts to draw athletic tournaments to this complex, the ordinance allowing alcoholic beverages in City parks needs to be amended. The purpose of this action item is to amend the ordinance so that adults participating in or observing athletic events would be allowed to purchase alcoholic beverages in North Lakes Park, particularly at the athletic complex. The Parks and Recreation Department will not act as a vendor for the sale of alcoholic beverages; an outside vendor will be provided by the tournament coordinator or, if the City is the host of the event, a Request for Proposal (RFP) will determine who the approved vendor will be. Several good questions were raised as to enforcement, but each event will be required to complete the necessary paperwork and to provide police, in accordance with the current standards established for alcoholic beverages in Quakertown Park. Questions regarding the economic impact were addressed. It is estimated that for each person staying overnight, $75 will be added to the Denton economy, for those not staying overnight, $25 per person will be added to the Denton economy. Each event request will be reviewed by Park Board and City Council, according to the established guidelines. MOTION: Rowley made the motion to recommend approving the request to allow alcoholic beverages in North Lakes Park (park only, not North Lakes Recreation Center or the North Lakes Annex building) and it carried with a vote of 7-0. 5. DISCUSSION ITEMS: None. 6. OTHER BUSINESS: A. Parks Department Projects Status Report Ticlcner updated the Board on various projects on the list, including Denton Branch Rail Trail Bridge Project - This project is in design and will require us to hire a flagman during constriction. Bids are planned for mid summer. Neighborhood Park Design - Wheeler Ridge Park - The project has been slowed by recent rains, but should be completed by mid-summer. VC Ernest W. Dallas Jr. Memorial Park and O►vs/ev Park - Redden Concrete, Blue Ridge TX was the successful bidder for these projects and the contract will be taken to Council on 4/19/11. Constriction is planned to begin in June on the SPC Ernest W. Dallas Jr. Memorial Park. Owsley Park will not begin until summer camps conclude in August Community Development Block Grant Projects for Parks - MLK Recreation Center - Quotes are due May 10, 2011 for upgrading the ADA accessible parking area to comply with current regulations. Quakertown Park - The 8' wide perimeter trail along Withers and Oakland Streets is in design. A sides-,-alk is being built in front of the Senior Center and will be completed after the new seN-,-er line is installed. North Lakes Park Softball Complex Playground - The playground has been installed and will completed when the weather permits the installation of the concrete and chips around the stricture. B. Public Art Committee Meeting Minutes Draft - The meeting was canceled due to lack of agenda items. 7. FUTURE AGENDA ITEMS: None. With no further items on the agenda, Murray asked for a motion to adjourn the meeting. Brantley made the motion to adjourn, Lieban seconded and the meeting was adjourned at 6:54 p.m. llcodadldepartments\1ega1lour documentslordinancesll llalcohol ordinance north lakes.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 22-32 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO THE POSSESSION AND CONSUMPTION OF ALCOHOL IN NORTH LAKES PARK, EXCLUDING NORTH LAKES RECREATION CENTER AND THE NORTH LAKES ANNEX BUILDING THEREIN; PROVIDING A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Section 22-32 of the Code of Ordinances of the City of Denton, Texas currently permits the possession and consumption of alcohol in the Civic Center Building and the portion of Quakertown Park not enclosed within the fence surrounding the city swimming pools; and WHEREAS, the City Council finds that Section 22-32 should be amended to restrict such possession and consumption of alcohol to. City approved activities, events and rentals; and WHEREAS, the City Council of the City of Denton, Texas finds that it is in the public interest to adopt this ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Section 22-32 of the Code of Ordinances of the City of Denton, Texas is hereby amended in its entirety to read as follows: Sec. 22-32. Possession and Consumption of Alcoholic Beverages. (a) It shall be unlawful for any person to consume or possess any alcoholic beverage while on the premises of any: (1) City park; (2) Public Improvement located within a city park; or (3) Vehicle parking area of any city park. (b) The prohibition contained in Section 22-32(a) shall not apply to the possession or consumption of an alcoholic beverage in Quakertown Park, and Civic Center Building and North Lakes Park, excluding North Lakes Recreation Center and the North Lakes Annex building, during an activity, event or rental of space approved by the City in advance. The approval contemplated by this subsection may be granted by the City Manager or his designee. (c) For purposes of this section, the term "alcoholic beverage" is as defined in the Texas Alcoholic Beverage Code. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the implementation of credit and collection procedures that were approved by the City Council on November 16, 2010. BACKGROUND During the November 16, 2010, City Council meeting, members of the Council approved revisions to the Code of Ordinances related to Denton Municipal Utility's credit and collection policy. These changes were made in response to recommendations made in a 2008 management review conducted by Navigant Consulting as well as evidence that the City's uncollectible bad debt was growing. The revisions to this ordinance were originally reviewed with the Public Utilities Board on February 22, 2010, and prior to the approval of Ordinance 2010-292, staff discussed the strategy and fielded recommendations from the City Council on March 2 and November 1. Before voting on this ordinance on November 16, City Council asked staff to investigate improvements to the P.L.U.S. One program, which provides assistance to customers with low or fixed income levels. Meetings regarding this portion of the strategy were held with the Public Utilities Board on January 24 and March 28, and the City Council reviewed staff recommendations on February 15 before approving an increase to P.L.U.S. One funding on April 5. The intent of the policy proposed by staff was to utilize credit and payment history to ensure the fair treatment of customers, encourage delinquent customers to pay in a timely manner, and prevent the future growth of bad debt. The primary changes proposed by Ordinance 2010-292 involved the introduction of credit screening and risk assessment, deposit requirements based on credit ratings and usage, improvements to the deposit refund process, an increased late fee, and payment arrangement policies. The Right of Entry provision was neither introduced nor revised during the course of the aforementioned updates. These changes were initiated in December as staff began the process of notifying the City's utility customer base and refunding deposits held on the accounts of good paying customers. The remaining changes were implemented in January. The attached PowerPoint presentation details the new policy implementation data through the end of April. Early results indicate that deposits are being assessed according to risk and usage, deposit refunds are occurring regularly, and customers have responded to the policy changes by paying more promptly. Given the short amount of time that has elapsed since implementation, there is not yet enough data to conclusively determine the policy's effect on the reduction of bad debt. Agenda Information Sheet May 17, 2011 Page 2 RECOMMENDATION Staff recommends the continued use of policies outlined in Ordinance 2010-292. PRIOR ACTION/REVIEW (Council, Boards, Commissions) During the summer of 2008, the City Council and the Public Utilities Board reviewed the Navigant Management report prepared for Denton Municipal Utilities. On January 26, 2009, a Customer Service strategy was presented to the Public Utilities Board. The Board recommended that staff proceed with the suggested strategy. On March 10, 2009, a Customer Service strategy was presented to the City Council. The City Council recommended that staff proceed with the suggested strategy. On February 22, 2010, the Public Utilities Board recommended implementation of the proposed changes to the ordinance outlining the credit and collections policy. On March 2, 2010, the City Council reviewed proposed ordinance changes and requested that staff investigate recommendations regarding alternatives to service deposits, changes to due dates and collection timelines, increases to late payment penalties, and documentation of collection processes. On November 1, 2010, the City Council reviewed proposed ordinance changes and staff responses to recommendations regarding alternatives to service deposits, changes to the collection timeline, and increases to late payment penalties. On November 16, 2010, the City Council approved Ordinance 2010-292 and requested that staff craft a strategy to improve funding to the P.L.U.S. One program. On January 24, 2011, the Public Utilities Board discussed and recommended the allocation of late fee revenue to Interfaith Ministries to be administered through the P.L.U. S. One program. On February 15, 2011, the City Council discussed and recommended the allocation of late fee revenue to Interfaith Ministries to be administered through the P.L.U. S. One program. On March 28, 2011, the Public Utilities Board approved the allocation of late fee revenue to Interfaith Ministries to be administered through the P.L.U.S. One program. On April 5, 2011, the City Council approved an ordinance which allocated late fee revenue to Interfaith Ministries to be administered through the P.L.U.S. One program. Agenda Information Sheet May 17, 2011 Page 3 FISCAL INFORMATION Uncollectible utility debt has increased each of the past three fiscal years. In fiscal year 2006- 2007, uncollectible debts totaled $690,464.25. In fiscal year 2007-2008, debts increased to $762,461.89 followed by $1,122,554.50 in fiscal year 2008-2009 and $1,127,073.00 in fiscal year 2009-2010. EXHIBITS PowerPoint Presentation Respectfully submitted: 4, 3s~ Bryan Langley Chief Financial Officer Prepared by: Ethan Cox Customer Service Manager 0 Ct ® o~ 4-j cq rci O ® ~ V) W a 4 lci ;-4 • ® O PA -ki T) r e ~ ~J a~.... • • • r-q w ' ^ Y Y lci 4-J -ki • J • Ici r-4 (a) C 1-4 Y F • • F N r-q F N j~~ +-j t40-4 "0 N a C) ra O • N • a b-C ® • C) C C C) . id7 N CF e =R GC' L'1 L' C) C7 cr) p\ p\ (U W 1 QJ o\ p o 4-0 l OR o } C7 C7 L'S LL L Z J C:7 G 0 1-1 n\ o CD C C~ C) C) Cl Q C7 Q i c lJ s CD..... 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P L ~ O N 00 4-j +j C) ® ~O 4-' 00 4-J va-j d W 4-j W 4 O ra r s-, O c 12 NcYb c' 4-0 ,v u +r c v .~a a r 0 0 0 0 C) 0 0 0 c~ c7 ~ a oo ~ ~ _ T 4-J 4-J a ~ ® ct a) C) 4-J 4-J 4-J 4-J W t4-4 14-1 1--i C) C) p 4-j 1--i M C) a) co a) V i)? 4-0 C ,ls S E ~[y ' > P ~ a ' a Q Z A i 4-0 ~ o d gay a a 0 0 Lr~ Ln r T e Ct Ct P ct 4-j ct ;z o O v M: 4--J hW~ a r 06 a Q El El F-~i El W C) i 7 V o r--+ ® C) • ~ O i 4-j a. 4 u c~ AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Fire ACM: Fred Greene SUBJECT Consider adoption of an ordinance adopting the Denton County, Texas Local Mitigation Strategy for Natural Hazards, of which Denton County Unincorporated and the cities of Corinth, Denton, Lewisville, and The Colony are parties; and providing for an effective date. BACKGROUND The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended by the Disaster Mitigation Act of 2000, provides the legal basis for State, local, and Indian Tribal governments to undertake a risk-based approach to reducing risks from natural ha- zards through mitigation planning. The requirements and procedures for State, Local, and Indian Tribal Mitigation Plans are found in the Code of Federal Regulations (CFR) at Title 44, Chapter 1, Part 201. Mitigation planning is a process through which communities assess risks and identify actions to reduce vulnerability to hazards through hazard mitigation. A Mitigation Plan is a living docu- ment that communities use to reduce their vulnerability to hazards. Communities must have a plan to apply for or receive federal mitigation grants. These grants can augment local mitigation activities already being implemented in the community. The Denton County Local Mitigation Strategy is divided into five chapters: Chapter One: Multi jurisdictional Planning Process Chapter Two: Planning Process Chapter Three: Hazard Analysis Chapter Four: Mitigation Goals and Action Items Chapter Five: Plan Maintenance Process The Denton County Local Mitigation Strategy was prepared with assistance from the North Cen- tral Texas Council of Governments. RECOMMENDATION Staff recommends the approval of proposed ordinance. Agenda Information Sheet May 17, 2011 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. FISCAL INFORMATION State, local, and Indian Tribal governments are required to develop a hazard mitigation plan as a condition for receiving certain types of non-emergency disaster assistance, including funding for mitigation projects. Respectfully submitted: 41-7 Ross Chadwick Fire Chief/Emergency Management Coordinator s:Alegal\Mr documents\ordinances\1 hhazmap ordinance.doc ORDINANCE NO. 2011- AN ORDINANCE ADOPTING THE DENTON COUNTY LOCAL MITIGATION STRATEGY FOR NATURAL, HAZARDS, OF WHICH DENTON COUNTY UNINCORPORATED AND THE CITIES OF CORINTH, DENTON, LEWISVILLE, AND THE COLONY ARE PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, with the assistance from the North Central Texas Council of Governments, has gathered information and prepared the Denton County Local Mitigation Strategy; and WHEREAS, the Plan has been prepared in accordance with FEMA requirements at 44 C.F.R. 201.6; and WHEREAS, the City of Denton, Texas, is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, the City of Denton, Texas, has reviewed the Plan and affirms that the Plan will be updated in accordance to the Plan maintenance process described; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, Texas, adopts the Denton County Local Mitigation Strategy as this jurisdiction's Multi-Natural Hazard Mitigation Plan. SECTION 2. The City Council hereby authorizes the City Manager to expend available funds in the manner and amount specified in the Plan and to take any other actions necessary to complete the City's obligations under the Plan and resolves to execute the actions in the Plan. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r: BY: Lv AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Planning & Development ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the 2010-2011 Agreement Between the City of Denton and the Fred Moore Day Nursery School ("Original Agreement"), said Original Agreement contemplating the provision of Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton County, Texas; and providing for an effective date. BACKGROUND After approval of the initial funding agreement on October 5, 2010, additional information was provided by the Denton Independent School District (DISD) regarding the deed to the property currently owned by Fred Moore Day Nursery School. After correction of the deed by the DISD, it became apparent that if the day care ceased to provide services, the property would revert to the DISD and any liens executed by the Fred Moore Day Nursery School Board of Directors would no longer be valid. The U.S. Department of Housing & Urban Development (HUD) requires that any facility rehabilitated using Community Development Block Grant (CDBG) funds, must continue to serve low and moderate-income residents for a period of at least five years after close-out of the grant year. If services do not continue to be provided, HUD has the authority to request that the City return CDBG funding expended on the property to the City's CDBG letter of credit. Execution of a lien, by a non-profit organization awarded CDBG funding, had not been required in most of the City's previous agreements. However, funding agreements executed with organizations experiencing financial difficulties led to staff recommendation of more stringent requirements, particularly when significant amounts of funding are awarded. Attached correspondence from Board President, Jim Alexander and Superintendent, Ray Braswell, state DISD's support for the project. The letters also state that if Fred Moore Day Nursery School were to stop providing day care services, the school district would work with City staff to continue use of the facility for CDBG-eligible services. Revisions to the Funding Agreement include the following: 1. Correction of the term "Contractor" to "Subrecipient" in Article 4, paragraph F; 2. Correction of Article 7, paragraph D to correct the term "revision" to "reversion;" and 3. Deletion of Article 9, paragraph A, which is the lien requirement. OPTIONS Option 1 - Approval of the amendment to the Agreement authorizing the expenditure of $120,400 in Community Development Block Grant funds to complete improvements at the non- profit day care facility without the execution of a lien on the property. Option 2 - Deny approval of the amendment, terminate the existing Agreement for convenience (Article 25, paragraph B) and request that staff work with the Community Development Advisory Committee to reallocate the funding committed to the Fred Moore Day Nursery School proj ect. RECOMMENDATION Staff recommends approval of the amendment. Staff will work with the Fred Moore Day Nursery School Board of Director and staff, and the Denton Independent School District to ensure that the facility continues to serve low and moderate-income families for the term of the contract. ESTIMATED SCHEDULE OF PROJECT May - Staff will work with Fred Moore Board and staff to develop work specifications. June - Bid out the project. July - Constriction phase PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. The Community Development Advisory Committee recommended funding of the project in the spring of 2010. 2. City Council approved the 2010 Action Plan, which included funding of the project, on May 4, 2010. 3. The funding agreement was approved by City Council on October 5, 2010. FISCAL INFORMATION The project is funded with 2010-11 CDBG funds. EXHIBITS 1. Original Ordinance and Funding Agreement with Fred Moore Day Nursery School 2. First Amendment and Ordinance 3. DISD Letter, Alexander 4. DISD Letter, Braswell Respectfully submitted: Mark A. Cunningham, AICP, CMP Director of Planning and Development Prepared by Barbara Ross Community Development Administrator sAlegal\our documents\ordinances\1 0\2010-201 1 fred moore ordinance.doe Exhibit I ORDINANCE NO. 2010-247 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND FRED MOORE DAY NURSERY SCHOOL TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR IMPROVEMENTS TO THE FACILITY AT 821 CROSS TIMBER STREET, DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $120,400; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received funds from the U.S. Department of Housing and Urban Development under the Housing and Community Development Act of 1992; and WHEREAS, the City Council has approved the 2010 Action Plan for Housing and Community Development which includes an authorized budget for expenditure of funds for rehabilitation of the Fred Moore Day Nursery School facility; and WHEREAS, the Fred Moore Day Nursery School has developed a program to assist low and moderate-income families with affordable child care services; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for renovation of the child care facility to provide improved services for Denton families; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute the attached Agreement between the City of Denton and the Fred Moore Day Nursery School to provide for improvements to the day care facility noted therein. SECTION 2. The City Council hereby authorizes the City Manager to expend funds in the manner and amount specified in the Agreement, not to exceed $120,400 and to take any other actions necessary to complete the City's obligations under the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. I M RK A. BU'RROI4GjIS, MAYOR s:Vegahour documents\ordinances11012010-2011 fred moore ordinance.doc Exhibit I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY F BY: /00000 Exhibit 1 2010-2011 AGREEMENT BETWEEN THE CITY OF DENTON AND THE FRED MOORE DAY NURSERY SCHOOL This Agreement is made and entered into by and between the City of Denton, a Texas munici- pal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and the Fred Moore Day Nursery School, 821 Cross Timber Street, Denton, Texas, 76205, a Texas non-profit corporation, hereinafter referred to as SUBRECIPIENT. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended, CDBG Program, CFDA Number 14-218; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for improvements to their existing day care facility for the SUBRECI- PIENT; and WHEREAS, CITY has designated the Community Development Division as the division re- sponsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage SUBRECIPIENT to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM This Agreement shall commence on or as of October 1, 2010, and shall terminate on September 30, 2020, unless sooner terminated in accordance with Section 26 "Termination". 2. RESPONSIBILITIES SUBRECIPIENT hereby accepts the responsibility for the performance of all services and ac- tivities described in the Scope of Services attached hereto as Attachment A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT's executive officer to be SUBRECIPIENT's representa- tive responsible for the management of all contractual matters pertaining hereto, unless written notifi- cation to the contrary is received from SUBRECIPIENT, and approved by CITY. The CITY's Community Development Administrator will be CITY's representative responsible for the administration of this Agreement. SUBRECIPIENT certifies that the activities carried out with Community Development Block Grant funds shall meet the program's National Objective of benefit to low and moderate-income per- sons. SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80% of the median income of the Dallas standard metropolitan statistical area. To accomplish this, the Page 1 of 26 Exhibit 1 SUBRECIPIENT shall use the current applicable income limits published by the Department of Hous- ing and Urban Development for the CDBG program. Income eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services must be provided direct- ly to or on behalf of specific identified eligible clients. Eligibility documentation must be included in each client's file and updated annually or services must be provided to a clientele that is within a "pre- sumed benefit" category. 3. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and in accordance with the project budget attached hereto as Attachment B and the Scope of Ser- vices herein attached as Attachment A and incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $120,400. B. Measure of Liability. In consideration of full and satisfactory services and activities hereund- er by SUBRECIPIENT and receipt of a requisition for payment with appropriate documenta- tion of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget at- tached hereto and incorporated herein for all purposes as Attachment B, subject to the limita- tions and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENT's financial management system in accor- dance with the standards specified in OMB Circular A-110. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRE- CIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all at- tachments attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to SUB- RECIPIENT, or termination of the Agreement, whichever date is earlier; or Page 2 of 26 Exhibit 1 (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or af- ter CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within two years of initial contract approval will revert to the City of Denton CDBG budget for use on alternative projects. 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A. SUBRECIPIENT understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. SU 3RECIPIENT further accrues and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as pro- vided in Section 23 of this Agreement. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-122, A-87, A-133 and the regulations at 24 CFR Part 84 as applicable. B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. C. SUBRECIPIENT is required to comply with the applicable uniform administrative require- ments as described in 24 CFR 570.502, 570.505 and 24 CFR 570 subpart K with the exceptions noted below: (1) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 570.604; and (2) SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR Part 52. Page 3 of 26 Exhibit 1 D. SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accor- dance with the Davis-Bacon Act as amended, the provisions of the Contract Work Hours Safety Standards Act, the Copeland "Anti-Kickback Act (40 U.S.C. 276a-276a-5; 40 USC 327 and 40 USC 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards and insofar as those acts apply to the performance of this contract. SUBRECI- PIENT will work with CITY to obtain and maintain documentation of compliance. Upon writ- ten request by the CITY, SUBRECIPIENT will obtain the services of consultant to monitor the contractor's compliance with these requirements. E. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this agreement, and shall also be binding on any of the SUBRECIPIENT' S subcontractors. The SUBRECIPIENT certifies that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT further agrees to include a statement in all subcontracts requiring compliance with Section 3 and requiring subcontractors, to the great- est extent feasible, to provide opportunities for training and employment to low and moderate- income individuals that are residents of the project area. Upon written request of the CITY, SUBRECIPIENT will obtain the services of a consultant to monitor the general contractor's compliance with the Section 3 requirements. F. CONTRACTOR certifies that it is not currently listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689 and will not enter into agreements to expend Federal funds with contractors that are currently listed. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT do hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECI- PIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Sec- tion. D. SUBRECIPIENT agrees that the funds and resources provided to SUBRECIPIENT under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would Page 4 of 26 Exhibit 1 have been available to, or provided through, SUBRECIPIENT had this Agreement not been ex- ecuted. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and ser- vices set out in the Work Statement, attached hereto and incorporated herein for all purposes as At- tachment A, utilizing the funds described in Attachment B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfacto- ry performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Scope of Services without the prior written approval of the City's Community Development Administrator. 7. PAYMENTS TO SUBRECIPIENT A. The CITY shall pay to the SUBRECIPIENT a maximum amount of money totaling $120,400 for activities carried out under this Agreement. CITY will pay these funds on a reimbursement basis to the SUBRECIPIENT within twenty days after CITY has received supporting documen- tation of eligible expenditures. SUBRECIPIENT's failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of carrying out the activities described in the Scope of Services herein attached as Attachment A and based on the budget herein attached as Attach- ment B. B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereaf- ter determines: (1) has resulted in overpayment to SUBRECIPIENT; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY D. Reversion of Assets. SUBRECIPIENT, upon expiration of this Agreement shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable attribut- Page 5 of 26 Exhibit 1 able to the use of CDBG funds. If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining un- expended funds which shall be refunded to CITY within ten working days of a written notice to SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. E. Obligation of Funds. In the event that actual expenditure rates deviate from SUBRECIPIENT's provision of a corresponding level of performance, as specified in Attachment A, CITY hereby reserves the right to reappropriate or recapture any such underexpended funds. F. Contract Close Out. SUBRECIPIENT shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice request- ing reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period. SUBRECIPIENT shall utilize the form agreed upon by CITY and SUBRECIPIENT. 8. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against SUBRECI- PIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agree- ment of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY. Page 6 of 26 Exhibit 1 G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 9. COVENANTS A. CONTRACTOR agrees to execute a lien that will be placed on the property assisted with HOME funds. The lien will name the CITY as the primary beneficiary for a period not to exceed six years. B. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Com- munity Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of SUBRECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. (6) Enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such an agreement. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the perfor- mance of and in compliance with this Agreement and in conformance with the standards and provisions of Attachments A and B. Page 7 of 26 Exhibit 1 B. Approval of SUBRECIPIENT's budget, Attachment B, does not constitute prior written ap- proval, even though certain items may appear herein. CITY's prior written authorization is re- quired in order for the following to be considered allowable costs: (1) CITY shall not be obligated to any third parties, including any contractors of SUBRE- CIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase ser- vices, equipment, or real or personal property. Any procurement or purchase which may be ap- proved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. 11. PROGRAM INCOME A. For purposes of this Agreement, program income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT's management of fund- ing provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of in- dividuals or employees or from the use or sale of equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format pre- scribed by CITY. CITY and SUBRECIPIENT agree that any fees collected for services per- formed by SUBRECIPIENT shall be used for payment of costs associated with service provi- sion. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the requirements of this Agreement and the regulations found at CFR, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its contracts which involve other income-producing services or activities. D. It is SUBRECIPIENT's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writ- ing by CITY. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance Page 8 of 26 Exhibit 1 with the provisions of Attachment B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management including OMB Circu- lars A-87, A-122, A-133 and the regulations at 24 CFR Part 84 as applicable; Title 24 CFR Section 570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs in- curred, audits, program income, administration and other activities and functions. SUBRECI- PIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agree- ment or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written account- ing procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibili- ty for retaining accurate and current records, which clearly reflect the level and benefit of ser- vices provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make ex- cerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include in- formation and data relative to all programmatic and financial reporting as of the beginning date speci- fied in Section 1 of this Agreement. Beneficiary and financial reports shall be due to City within 15 working days after the completion of each quarter. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit con- ducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives and/or expends more than $500,000 in federal funding, the audit must be conducted in accordance with OMB Circular A-133 as applicable within thirty days after receipt of such audit. Page 9 of 26 I Exhibit 1 14. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of SUBRECIPIENT's performances under this Agree- ment. B. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to en- sure adherence by SUBRECIPIENT to the Scope of Services, and Program Goals and Objec- tives, which are attached hereto as Attachment A, as well as other provisions of this Agree- ment. C. SUBRECIPIENT agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be neces- sary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff members to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide SUBRECIPIENT with a written report of monitoring findings documenting findings and concerns that will require a written response to the City. An acceptable response must be received by the City within 60 days from the SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract payments can be withheld for SUBRECIPIENT's failure to submit a response within 60 days. F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of SUBRECIPIENT's funding or regulatory bodies to CITY within five working days of receipt by SUBRECIPIENT. 0. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and sup- ported with documented evidence of follow-up actions taken to correct areas of noncompliance. 15. DIRECTORS' MEETINGS During the terms of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY cop- ies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of SUBRECIPIENT's governing body shall be available to CITY with- in ten days after Board approval. Page 10 of 26 Exhibit 1 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bond- ing and insurance as would provide adequate coverage for services offered under this Agree- ment. B. The premises on and in which the activities described in Attachment A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, com- monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insur- ance coverage arrangements. C. SUBRECIPIENT will comply with applicable workers' compensation statues and will obtain employers' liability coverage where available and other appropriate liability coverage for pro- gram participants, if applicable. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of SUBRECIPIENT. I F. The policy or policies of insurance shall contain a clause which requires that CITY and SUB- RECIPIENT be notified in writing of any cancellation of change in the policy at least 30 days prior to such change or cancellation. 17. CIVIL RIGHTS / EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirma- tive action laws or regulations. The SUBRECIPIENT shall not discriminate against any em- ployee or applicant for employment because of race, color, creed, religion, national origin, gender, age or disability. The SUBRECIPIENT will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or re- cruitment advertising, layoff, termination, rates of pay or other forms of compensation and se- lection for training, including apprenticeship... B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Page 11 of 26 Exhibit 1 Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will per- mit access to its books, records, and accounts for purposes of investigation to ascertain com- pliance with local, state and Federal rules and regulations. D. In the event of SUBRECIPIENT's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examina- tion. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including poli- cies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of SUBRECIPIENT and by CITY. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the perfor- mance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, contrac- tors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others, par- ticularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by SUBRECIPIENT, or is a member of Page 12 of 26 Exhibit 1 SUBRECIPIENT's governing board. The term "member of immediate family" includes: wife, hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel who may be em- ployed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chap- ter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities, lob- bying, political patronage or nepotism activities. C. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election of defeat of any candidate for public office, or for publicity, lobbying and/or propaganda pur- poses designed to support or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds provided to SUBRECI- PIENT under this Agreement may not under the term of this Agreement: 1. use their official position or influence to affect the outcome of an election or nomination. 2. solicit contributions for political purposes; or 3. take an active part in political management or in political campaigns. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as At- tachment "F" and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertis- ing medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the advertising medium shall state that the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton has made the project possible. B. All published material and written reports submitted under this project must be originally de- veloped material unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or ex- tensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: Page 13 'of 26 Exhibit 1 This document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by SUBRECIPIENT shall become the property of CITY upon receipt. 23. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly pro- vide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within budget categories set forth in Attachment B without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In ad- dition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information, whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the to- tal levels contained in any portion of Attachment B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifi- cations are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Attachment A, which may include an increase or decreased in the amount of SUBRECIPIENT's compensa- tion. Such changes shall be incorporated in a written amendment hereto, as provided in Subsec- tion A of this Section. F. Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Attachment B shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composi- tion. Page 14 of 26 Exhibit 1 1. It is expressly understood that neither the performance of Attachment A for any program con- tracted hereunder nor the transfer of funds between or among said programs will be permitted. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUB- RECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish correc- tive action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 26 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph: (1) SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension as provided in Section 24. (2) SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement. (3) SUBRECIPIENT's violation of covenants, agreements or guarantees of this Agreement. (4) Termination or reduction of funding by the United States Department of Housing and Ur- ban Development. (5) Finding by CITY that SUBRECIPIENT: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable re- quirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. Page 15 of 26 Exhibit 1 (6) Appointment of a trustee, receiver or liquidator for all or substantial part of SUBRECI- PIENT's property, or institution of bankruptcy, reorganization, rearrangement of or liquida- tion proceedings by or against SUBRECIPIENT. (7) SUBRECIPIENT's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 2 of this Agreement. (8) The commission of an act of bankruptcy. (9) SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the ef- fective date of termination. Simultaneous notice of pending termination maybe made to other funding source specified in Attachment B. B. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of SUBRECIPIENT covered by the Agreement, less pay- ments previously made. C. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for perfor- mance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the out- side funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise ter- minate any outstanding orders or subcontracts, which relate to the performance of this Agree- ment. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any ex- penses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. E. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECI- PIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimburse- ment to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. Page 16 of 26 Exhibit 1 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within two working days after being notified of such claim, demand, suit or other ac- tion. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threat- ened. Such written notice shall be delivered either personally or by mail. 7. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent SUBRECIPIENT and that as such, SUBRECI- PIENT shall save and hold CITY, its officers, agents and employees harmless from all lia- bility of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever result- ing in whole or in part from the performance or omission of any employee, agent or rep- resentative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or SUBRECIPIENTs from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or SUB- RECIPIENTs. 28. NON-RELIGIOUS ACTIVITIES The SUBRECIPIENT will provide all services under this Agreement in a manner that is exclusively non-religious in nature and scope. There shall be no religious services, proselytizing, instruction or any other religious preference, influence or discrimination in connection with providing the services hereunder. 29. MISCELLANEOUS A. SUBRECIPIENT shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. Page 17 of 26 i I Exhibit 1 C. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or de- fault which may then or subsequently be committed by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or re- medy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or re- medies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced attachments, constitutes the entire agreement be- tween the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or ef- fect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the fmal authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: TO SUBRECIPIENT: City Manager Executive Director City of Denton Fred Moore Day Nursery School 215 E. McKinney 821 Cross Timber St. Denton, Texas 76201 Denton Texas 76205 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and ve- nue of any litigation concerning this Agreement shall be in a court competent jurisdiction sit- ting in Denton County, Texas. IN TN S OF WHICH this Agreement has been executed on this the 5' day of 2010. CITY OF DENTON i BY: GEORG C. AMPBEL CITY MANAGER Page 18 of 26 Exhibit I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: FRED MOORE DAY NURSERY SCHOOL BY: JA ADAMSON P IDENT, BOARD OF DIRECTORS ATTEST: BY: ALONZO TERSON EXECUTIVE DIRECTOR Page 19 of 26 Exhibit 1 ATTACHMENT "A" SCOPE OF SERVICES Description of Rehabilitation Improvements Rehabilitation project will consist of various improvements to the day care facility. Improvements will include but not be limited to: roof repairs, HVAC replacement, exterior window replacement, door repairs and entry reframing, electrical and plumbing improvements. See budget below for information on rehabilitation costs. Work Statement Fred Moore Day Nursery School In order to complete the agreed upon activity SUBRECIPIENT shall provide the following services from the improved facility: Fred Moore Day Nursery School is a nonprofit childcare facility for low to moderate-income fami- lies. FMDNS will serve a minimum of 62 children ranging in age from six (6) weeks through five (5) years of age. Parents must be working, going to school full time or doing a combination of both to be eligible. In addition, parents will be required to volunteer at the childcare center. FMDNS will be open Monday through Friday from 6:30 am to 6:00 p.m. FMDNS will provide the services listed below and meet all stated requirements: • Provision of a safe, healthy environment that will meet the development needs of each child. Activities will be designed for each age group to meet the individual and group needs. The curriculum will include education, emphasizing learning skills, creative arts, motor skills, physical development, speech development, personal hygiene and manners. • Provision of breakfast, lunch and an afternoon snack for each child. All meals will meet the USDA and Texas Department of Human Services Special Nutrition food requirements for children in childcare. • Remain open for service from 6:30 am to 6:00 pm. • Be licensed by the TX Department of Protective and Regulatory Services. • Meet or exceed the TX Department of Human Services minimum standards for Day Care Centers. • Must be a North Central Texas Childcare Services designated vendor. Page 20 Exhibit 1 ATTACHMENT "B" BUDGET Improvement Cost Roof Repairs $54,050.00 HVAC Replacement $29,350.00 Replacement of Exterior Windows $15,000.00 Electrical Repairs $5,000.00 Plumbing Repairs $6,500.00 Interior/Exterior Door Replacement $6,000.00 Interior Security Vestibule $4,500.00 TOTAL $120,400.00 Please note: Prior to the start of construction, Fred Moore Day Nursery School, shall provide the Community Development Division with a total project budget, documentation of all funding sources and commitments (if other funding sources are included in the project), and a project plan- ning/construction schedule. Page 21 Exhibit 1 ATTACHMENT "C" 24 CFR § 570.505 The standards described in this section apply to real property within the recipient's control which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement CDBG program or, with respect to other recipients, until five years after the closeout of the grant from which the assistance to the property was provided. (a) A recipient may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either: (1) The new use of such property qualifies as meeting one of the national objectives in Section 570.208 and is not a building for the general conduct of government; or (2) The requirements in paragraph (b) of this section are met. (b) If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a)(1) of this section, it may retain or dispose of the property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, and improvements to, the property. (c) If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in Section 570.504(b) (4) or (5), as applicable, shall apply to the use of funds reimbursed. (d) Following the reimbursement of the CDBG program in accordance with paragraph (b) of this section, the property no longer will be subject to any CDBG requirements. Page 22 Exhibit 1 ATTACHMENT "D" 24 CFR § 570.503 (a) Before disbursing any CDBG funds to a subrecipient, the recipient shall sign a written agreement with the subrecipient. The agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income. (b) At a minimum, the written agreement with the subrecipient shall include provisions concerning the following items: (1) Statement of Work. The agreement shall include a description of the work to be performed, a schedule for completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the recipient effectively to monitor performance under the agreement. (2) Records and Reports. The recipient shall specify in the agreement the particular records the subrecipient must maintain and the particular reports the subrecipient must submit in order to assist the recipient in meeting its recordkeeping and reporting requirements. (3) Program Income. The agreement shall include the program income requirements set forth in Section 570.504(c). (4) Uniform Administrative Requirements. The agreement shall require the subrecipient to comply with applicable uniform administrative requirements, as described in Section 570.502. (5) Other Program Requirements. The agreement shall require the subrecipient to carry out each activity in compliance with all Federal laws and regulations described in subpart K of these regulations, except that: (i) The subrecipient does not assume the recipient's environmental responsibilities described at Section 570.604; and (ii) The subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. (6) Conditions for Religious ganizations. Where applicable, the conditions prescribed by HUB for the use of CDBG funds by religious organizations shall be included in the agreement. (7) Suspension and Termination. The agreement shall specify that, in accordance with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. I Page 23 Exhibit 1 (8) Reversion of Assets. The agreement shall specify that upon its expiration the subrecipient shall transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. It shall also include provisions to the use of CDBG funds. It shall also include provisions designed to ensure that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: (i) Used to meet one of the national objectives in Section 570.208 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the recipient; or (ii) Disposed of in a manner that results in the recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b) (8) (1) of this section.) Page 24 Exhibit 1 ATTACHMENT "E" 24 CFR § 570.504 (a) Recording Program Income. The receipt and expenditure of program income as defined in Section 570.500(a) shall be recorded as part of the fmancial transactions of the grant program. (b) Disposition of Program Income Received by Recipients. (1) Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. (2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: (i) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in Section 570.513.) (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agreement, and subject to the requirements of paragraph (b) (5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBG grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activities that meet one of the national objectives in Section 570.208 and the eligibility requirements described in Section 105 of the Act. I Page 25 Exhibit 1 ATTACHMENT "F" Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the un- dersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an em- ployee of a Member of Congress in connection with the awarding of any Federal con- tract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-ILL, "Disclosure Form to Re- port Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this Certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Alonzo Peter n Fred Moore Day Nursery School Grantee Executive Director Signature Title 97,3 ~10 Date: Page 26 s:\legal\our documents\ordinances1111fred moore amendment ordinance.doc Exhibit 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE 2010-2011 AGREEMENT BETWEEN THE CITY OF DENTON AND THE FRED MOORE DAY NURSERY SCHOOL ("ORIGINAL AGREEMENT"), SAID ORIGINAL AGREEMENT CONTEMPLATING THE PROVISION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR IMPROVEMENTS TO THE FACILITY AT 821 CROSS TIMBER STREET, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to that certain Ordinance No. 2010-247, dated October 5, 2010, the City of Denton, Texas (the "City") and Fred Moore Day Nursery School ("Nursery") entered into the Original Agreement (the "Original Agreement"); and WHEREAS, the City and Nursery have discovered the Original Agreement is in need of amendment to correct certain typographical errors and to delete a requirement on the Nursery to execute and deliver, in favor of the City, a lien encumbering certain real property owned by the Nursery; and WHEREAS, the City and the Nursery are amenable to amending the Original Agreement as provided by the First Amendment to 2010-2011 Agreement Between the City of Denton and the Fred Moore Day Nursery School, which is attached hereto and incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute the attached First Amendment to the 2010-2011 Agreement between the City of Denton and the Fred Moore Day Nursery School, attached to this ordinance as Exhibit "A", and incorporated herein. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2011. MARK A. BURROUGHS, MAYOR s:\legal\our documents\ordinances\ll\fred moore amendment ordinance.doc Exhibit 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: hAmy d ntsipr lic improv projectslfred moore impft improvements 201 fmd nuoore day nursery school agreement tevised (3).doc Exhibit 2 FIRST AMENDMENT TO 21110-2011 AGREEMENT BETWEEN THE CITY OF DENTON AND THE FRET) OORE DAY NURSERY SCHOOL This FIRST AMENDMENT TO 2010-2011 AGREEMENT BETWEEN THE CITY OF DEN- TON AND THE FRED MOORS DA'Y' NURSERY SCHOOL (the "Amendment'"), is made and en- tered into as of the date set forth below, by and between the City of Denton, a Texas home rule munic- ipal corporation (the "City") and the Fred Moore Day Nursery School, a Texas non-profit corporation (the "'Subrecipent"). WI S'STI1 WHEREAS, pursuant to that certain Ordinance No. 20111-247 dated October 5, 2010, the City of Denton, Texas approved that certain 20110-2011 Agreement Between the City of Denton and the Fred Moore Day Nursery School (the "Original Agreement"); WHEREAS, the City and Nursery have discovered that the Original Agreement is in need of amendment to correct certain typographical errors and to delete a requirement on the Subrecipient to execute and deliver, in favor of the City, lien encumbering certain real property owned by the Subre- cpient WHEREAS, the City and Subrecipient are amenable to amending the Original Agreement as set forth below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of such consideration being expressly acknowledged by City and Subrecipient, the City and Subecipient now amend the Original Agreement as follows: 1. Article 4, Paragraph F. of the Original Agreement is hereby deleted in its entirety and replaced with the following: SUBRECIPIENT certifies that it i not currently listed on the General Services Administra- tion's List of Parties Excluded from Federal Procurement or No ocurement Programs in ac- cordance with Executive Orders 12549 and 12689 and will not enter into agreements to expend Federal funds with contractors that are currently listed. 2. Article 7, Paragraph D. of the Original Agreement is hereby deleted in its entirety and replaced with the following: Reversion of Assets. SUBRECIPIENT, upon expiration of this Agreement shall transfer to the CITY any CDBG funds on band at the time of expiration and any accounts receivable attribut- able to the use of CDBG funds. If CITY finds that SUB RECIPIENT is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by S RECIPIENT, as well as any remaining un- expended funds which shall be refunded to CIT'Y' within ten working days of a writton notice to SUBRECIPIENT to revert these financial assets. The reversion of these financial assets shall 1 h:lmy documcntslpublic improv projectsWred moore implfm improvements 20101&ed moore day nursery school agreement revised (3):doc Exhibit 2 be in addition to any other remedy available to CITY either at law, or in equity for breach of this Contract. 3. Article 9, Paragraph A. of the Original Agreement is hereby deleted in its entirety. 4. Except as expressly amended by this Amendment, the terms and provisions of the Original Agreement shall remain valid and subsisting as originally provided. City and Subrecipient he- reby ratify, in all of its terms, as amended hereby, the Original. Agreement. IN WITNESS OF WHICH this Agreement has been executed on this the day of 2011. CITY OF DENTON BY: GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: FRED MOORE DAY NURSERY SCHOOL BY: J AMSON SIDENT, BOARD OF DIRECTORS ATTEST: BY: ALONZO P ERSON EXECUTIVE DIRECTOR 2 4-k ~eyXuy Ie(re~ Exhibit 3 J 1307 N. t"" St. D4-loz., Tom., )6201 • (140) 361-0002 f" (140) 361-4122 jimACe.ander April 27, 2011 ,L residen t ~44ia ,'rice Tice-resident Mavor and Members of the Citv Council: The Denton Independent School District (DISD) supports the City of Denton's (City) ~Cenna cretaly M. proposed use of $120,400 in Federal Community Development Block Grant (CDBG) Secretar funding to renovate the Fred Moore Day Nurser- School (FMDNS) facility. FMDNS provides an important service to our community and to the children who Nvill one day be Curtis,LaufWymsey entering our public school system. DISD is aware the building is in need of a ~44em6er comprehensive rehabilitation to maintain compliance Nvith the State of Texas child care facility regulations. windy wgdrignei, As we have been informed by the City staff, the CDBG funds to be used for the FMDNS 44em6er renovation have specific federal requirements that must be met. If the City is not in compliance Nvith these requirements, the Department of Housing and Urban Development jeanetta Smith has the authority to request repayment of the funding expended for facility- improvements. ~44em6er- It is noted that, according to Federal regulations, the facility must continue to be used for activities benefitting low and moderate-income families and/or individuals for a five-year period folloNving the completion of the project. C6arCes Stafford ~44em6er Based on the information received from the City's Community Development Division, the DISD supports the services provided by Fred Moore Day Nurser- School. If, for any reason, the organization is unable to continue providing day care services to lower income families in our community, the DISD Nvill Nvork Nvith the City to determine an appropriate alternative service, provided this service does not require allocation of financial or human resources at the expense of DISD. This service would utilize the recently renovated facility and would be designed to meet the CDBG requirements for the remainder of the five-year period by benefitting low and moderate-income households Nvithin the City. Sincerely, Dr. Jim R. Alexander Board President Exhibit 4 DENTON INDEPENDENT SCHOOL DISTRICT Dr. Rai- E. Braswell, Superintendent e-mail: rbrasNNe11,(;dentonisd.org 1307 N. Locust St. Denton, TX 76201 P. 0. Box 2387 Denton, TX 76202-2387 940-369-0003 Fax: 940-369-4982 April 27, 2011 Mayor and Members of the City Council: The Denton Independent School District (DISD) supports the City of Denton's (City) proposed use of $120,400 in Federal Community Development Block Grant (CDBG) funding to renovate the Fred Moore Day Nursery School (FMDNS) facility. FMDNS provides an important service to our community and to the children who will one day be entering our public school system. DISD is aware the building is in need of a comprehensive rehabilitation to maintain compliance with the State of Texas child care facility regulations. As we have been informed by the City staff, the CDBG funds to be used for the FMDNS renovation have specific federal requirements that must be met. If the City is not in compliance with these requirements, the Department of Housing and Urban Development has the authority to request repayment of the funding expended for facility improvements. It is noted that, according to Federal regulations, the facility must continue to be used for activities benefitting low and moderate-income families and/or individuals for a five-year period following the completion of the project. Based on the information received from the City's Community Development Division, the DISD supports the services provided by Fred Moore Day Nursery School. If, for any reason, the organization is unable to continue providing day care services to lower income families in our community, the DISD will work with the City to determine an appropriate alternative service, provided this service does not require allocation of financial or human resources at the expense of DISD. This service would utilize the recently renovated facility and would be designed to meet the CDBG requirements for the remainder of the five-year period by benefitting low and moderate-income households within the City. Sincerely, Dr. Ray Braswell Superintendent AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a three-year contract for Landscaping and Sod Replacement Services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4673-Three-Year Contract for Landscaping/Sod Replacement Services awarded to the overall lowest responsible bidder meeting specification, Classic Landscapes, Inc. in the annual estimated amount of $110,000). BID INFORMATION This bid is for a three year contract to supply landscaping and sod replacement services for various City departments. The services are needed to repair damage to yards and landscaped areas resulting from utility excavation or other City crew activities. RECOMMENDATION Award to the overall lowest responsible bidder meeting specifications, Classic Landscapes, Inc., in the unit price amounts shown on the attached tabulation sheet for an annual estimated amount of $110,000. Scott's Nursery and Stone requested an exception to the specifications by requiring that smaller jobs be consolidated to be more cost and time efficient. Since the contract is used by various departments with different needs, jobs cannot always be consolidated and as a result, the Scott's Nursery and Stone bid is considered unresponsive. Therefore, staff recommends the bid be awarded to Classic Landscapes, Inc. PRINCIPAL PLACE OF BUSINESS Classic Landscapes, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract which can be extended for two additional one-year periods with all pricing, terms and conditions remaining the same. Agenda Information Sheet May 17, 2011 Page 2 FISCAL INFORMATION Funding for these services will come from individual department accounts, as the services are needed. Respectfully submitted: 1 Antonio Puente, Jr., 349-7283 Assistant Director of Finance Attachment 1: Tabulation Sheet I -.CIS-Bid 4673 EXHIBIT 1 BID # 4673 DATE: APRIL 21, 2011 THREE-YEAR CONTRACT FOR LANDSCAPING/SOD REPLACEMENT SERVICES ITEM UOM DESCRIPTION VENDOR VENDOR VENDOR Classic Scott's Nursery & Landscapes Inc. Greycon Inc. Stone Principle Place of Business: Denton, TX Arlington, TX Krugerville, TX Bermuda installed to grade -with limited ground 1 sq. Sid. preparation. Price to include, materials, labor and $4.00 $12.50 $3.42 equipment. Bermuda installed to grade -with minimal ground 2 sq. Sid. preparation (less than 2"). Price to include, materials, $4.25 $4.45 $3.78 labor and equipment. St. Augustine installed to grade -with limited ground 3 sq. Sid. preparation. Price to include, materials, labor and $4.25 $13.00 $4.50 equipment. St. Augustine installed to grade -with minimal ground 4 sq. Sid. preparation (less than 2"). Price to include, $4.50 $4.95 $4.77 materials, labor and equipment. 5 ea One gallon perennial installed. Price to include, $10.00 $7.00 $7.00 materials, labor and equipment. One gallon shrub installed. Price to include 6 ea materials, labor and equipment. $10.00 $7.00 $9.00 Three gallon perennial installed. Price to include 7 ea materials, labor and equipment. $25.00 $24.00 $30.00 Three gallon shrub installed. Price to include 8 ea materials, labor and equipment. $25.00 $24.00 $20.00 9 ea Fire gallon perennial installed. Price to include, $30.00 $45.00 No Bid materials, labor and equipment. 10 ea Fire gallon shrub installed. Price to include, $30.00 $45.00 $27.00 materials, labor and equipment. 11 ea Ten gallon perennial installed. Price to include, $75.00 $120.00 No Bid materials, labor and equipment. 12 ea Ten gallon shrub installed. Price to include, $75.00 $120.00 $75.00 materials, labor and equipment. Thirty gallon perennial installed. Price to include 13 ea materials, labor and equipment. $175.00 $375.00 No Bid 14 ea Thirty gallon shrub installed. Price to include, $175.00 $375.00 No Bid materials, labor and equipment. Total $647.00 $1,176.90 $187.47* NOTE: All above prices must include all materials, * Note: Vendor "no equipment, labor and supervision to restore excavation bid" items; evaluation and/or yard damage to be comparable and compatible not equal with existing surroundings outside the damaged area. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE-YEAR CONTRACT FOR LANDSCAPING AND SOD REPLACEMENT SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4673-THREE-YEAR CONTRACT FOR LANDSCAPING/SOD REPLACEMENT SERVICES AWARDED TO THE OVERALL LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, CLASSIC LANDSCAPES, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $110,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 4673 1-14 Classic Landscapes Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY s IA~ BY: 3-ORD-BID 4673 EXHIBIT A BID # 4673 DATE: APRIL 21, 2011 THREE-YEAR CONTRACT FOR LANDSCAPING/SOD REPLACEMENT ITEM UOM DESCRIPTION VENDOR Classic Landscapes Inc. Principle Place of Business: Denton, TX Bermuda installed to grade -with limited ground 1 sq. Sid. preparation. Price to include, materials, labor and $4.00 equipment. Bermuda installed to grade -with minimal ground 2 sq. Sid. preparation (less than 2"). Price to include, materials, $4.25 labor and equipment. St. Augustine installed to grade -with limited ground 3 sq. Sid. preparation. Price to include, materials, labor and $4.25 equipment. St. Augustine installed to grade -with minimal ground 4 sq. Sid. preparation (less than 2"). Price to include, $4.50 materials, labor and equipment. 5 ea One gallon perennial installed. Price to include, $10.00 materials, labor and equipment. 6 ea One gallon shrub installed. Price to include, $10.00 materials, labor and equipment. 7 ea Three gallon perennial installed. Price to include, $25.00 materials, labor and equipment. 8 ea Three gallon shrub installed. Price to include, $25.00 materials, labor and equipment. 9 ea Fire gallon perennial installed. Price to include, $30.00 materials, labor and equipment. 10 ea Fire gallon shrub installed. Price to include, $30.00 materials, labor and equipment. 11 ea Ten gallon perennial installed. Price to include, $75.00 materials, labor and equipment. 12 ea Ten gallon shrub installed. Price to include, $75.00 materials, labor and equipment. Thirty gallon perennial installed. Price to include 13 ea materials, labor and equipment. $175.00 14 ea Thirty gallon shrub installed. Price to include, $175.00 materials, labor and equipment. NOTE: All above prices must include all materials, equipment, labor and super-iision to restore excavation and/or yard damage to be comparable and compatible ,with existing surroundings outside the damaged area. AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Kevin Gunn 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance awarding the purchase of Disk Storage to replace the Storage Area Network (SAN) as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1418; providing for the expenditure of funds therefor; and providing an effective date (File 4713-Disk Storage Purchase awarded to INX, Inc. in the amount of $130,618.09). FILE INFORMATION The City of Denton issued RSFP44133 in August, 2008 to procure a Storage Area Network (SAN) to replace several aging and end-of-life disk storage systems. The system began production operation in October 2008 and provides 48 terabytes of disk storage for critical systems including email, user files, database, accounting, billing and server operating systems. Since 2008, this SAN has expanded to host 116 different applications. The read/write throughput of the SAN has reached the equipment limit at 6,000 Inputs/Outputs per second (IOPs). Additional applications cannot be added to the SAN without compromising performance for all applications on the SAN. Numerous additional applications are in progress or planned for fiscal year 2010-2011 and fiscal year 2011-2012. Therefore, additional SAN capacity is needed to ensure acceptable performance of all applications. Technology Services Staff analyzed several options including buying a second SAN identical to the 2008 purchase or completely replacing the current SAN. SAN technology has advanced to the point that a replacement SAN would provide 150 percent more throughput (15,000 IOPs) at the same cost as buying an additional SAN similar to the purchase in 2008. Therefore, Technology Services staff recommends replacing the current SAN with one that will host the current applications and have capacity to expand for the planned applications. The current SAN will be repurposed to expand the storage capacity of the surveillance camera system, which does not require throughput greater than 6,000 IOPs. A portion of the replaced camera storage will be traded in for a purchase credit, reducing the purchase cost by $27,750. The City will also receive discounted pricing through the DIR pricing schedule which will result in a savings of $47,543.91. Agenda Information Sheet May 17, 2011 Page 2 RECOMMENDATION Staff recommends approving the purchase of Storage Area Network disk storage, recurring maintenance support, and installation services to INX Inc in the amount of $130,618.09. PRINCIPAL PLACE OF BUSINESS INX, Inc. Lewisville, TX ESTIMATED SCHEDULE OF PROJECT Funds will be available upon Council approval and will be dispersed as equipment is received and installed. The system will be in production operation within 20 business days of receipt of equipment. FISCAL INFORMATION The total amount of the purchase is $130,618.09 and will be paid from the following accounts: 820100.6322 $24,000.00 6023124498. 131503700 $50,000.00 830200.8545 $56,618.09 Total $130,618.09 EXHIBITS Exhibit 1: INX Quotation Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4713 Exhibit 1 Co ~"",T~'Ct F17, o~ Fc Contract Number DIR-SDD-141811386 QUOTATION Created On: 20 Apr 2011 Quote#: TC042011SBEMCEXP-1003458428 Expiration Date: 19 May 2011 Project Name: From: Traci Chrisman City of Denton Phone: Phone: 469-549-3841 Fax: Fax: 469-549-3871 Description Qty Unit Discounted Total Price Price Price VNX53D153015 VNX5300 DPE'15X3.5 DRIVES EMC RACK 8X300GB 1 $ 14,599.00 $ 10,657.27 $ 10,657.27 VNXRACK-40US VNX 40U RACK WITH CONSOLE 1 $ 1,680.00 $ 1,226.40 $ 1,226.40 V31-DAE-R-15 3U DAE WITH 15X3.5 INCH DRIVE SLOTS WITH RACK 6 $ 2,360.00 $ 1,722.80 $ 10,336.80 VNX53000S VNX5300 CONTROL STATION - EMC RACK 1 $ - $ - $ - VNX53000S2 VNX5300 CONTROL STATION - 2ND CS - EMC RACK 1 $ 1,309.00 $ 955.57 $ 955.57 VDMM1GCUAS 1GBE DM MODULE 4 PORT FOR VNX5300 2 $ 1,000.00 $ 730.00 $ 1,460.00 VNX530ODM VNX5300 ADD ON DATA MOVER+FC SLIC-EMC RACK 1 $ 1,499.00 $ 1,094.27 $ 1,094.27 VNX530ODME VNX5300 DIME: 1 DATA MOVER+FC SLIC-EMC RACK 1 $ - $ - $ - VDMMXG20PAS 10GBE DM MODULE 2 OP PORTS (INCL 2 SFP+) FACTORY 2 $ 3,000.00 $ 2,190.00 $ 4,380.00 V3-VS15-600 60OGB 15K SAS DISK DRIVE 42 $ 980.00 $ 715.40 $ 30,046.80 V3-VS07-020 2TB 720ORPM 6GB SAS DISK DRIVE 30 $ 860.00 $ 627.80 $ 18,834.00 FLV3VS6F-100 10OGB FAST CACHE SAS FLASH 15X3.51N DPE/DAE 3 $ 2,960.00 $ 2,160.80 $ 6,482.40 VNXFCSFPS ADDITIONAL 8 G FC SFP FOR VNX 51/53 1 $ 400.00 $ 292.00 $ 292.00 PW40U60-USS RACK-40U-60 PWR CORD US 1 $ 460.00 $ 335.80 $ 335.80 4000-SECURE2S CLRN 4000 ANTI-MOVE KIT 1 $ 400.00 $ 292.00 $ 292.00 VNX53-KIT DOCUMENTATION KIT FOR VNX5300 1 $ - $ - $ - VNXSPSAS 2ND OPTIONAL SPS FOR VNX 51/53 1 $ 492.00 $ 359.16 $ 359.16 VSPM8GFFEAS VNX5300 4 PORT 8G FC 10 MODULE PAIR 1 $ 2,500.00 $ 1,825.00 $ 1,825.00 VSPMXGFCOOPAS VNX5300 2 PT FCOE 10 MOD PAIR-SFP 1 $ 2,400.00 $ 1,752.00 $ 1,752.00 456-103-619 DPA REPLICATION ANALYSIS: VNX5300(BLOCK) 1 $ - $ - $ - 456-005-705 Replication Manager: VNX5300 1 $ - $ - $ - UNIU-V53 UNISPHERE UNIFIED & VNX OE VNX5300 1 $ 8,194.00 $ 6,063.56 $ 6,063.56 ADVP-V53 ADV FILE LICENSE (NFS, MPFS AND PNFS) FOR VNX5300 1 $ - $ - $ - EPAK-V53 TOTAL EFFICIENCY PACK FOR VNX5300 1 $ 21,399.00 $ 15,835.26 $ 15,835.26 PS-PKG-MRUD RACK, STACK AND IMPLEMENT FOR VNX 1 $ 6,060.00 $ 5,757.00 $ 5,757.00 M-PRESW-001 PREMIUM SOFTWARE SUPPORT 1 $ 15,980.00 $ 10,387.00 $ 10,387.00 WU-PREHW-001 PREMIUM HARDWARE SUPPORT - WARR UPG 1 $ 10,884.00 $ 10,339.80 $ 10,339.80 INX Professional Services 104 $ 189.00 $ 189.00 $ 19,656.00 Total: $ 130.618.09 INX Inc. 1955 Lakeway Drive Ground Freight Included Suite 220 Quote valid for 30 days Lewisville, TX 75057 Terms are Net 30 Customer Signature of Acceptance Date CISV# 1-76-051-5249-906 Lead times subject to change The amounts listed above do not include and are subject to additional charges if Client pays by credit card. ORDINANCE NO. AN ORDINANCE AWARDING THE PURCHASE OF DISK STORAGE TO REPLACE THE STORAGE AREA NETWORK (SAN) AS AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) THROUGH THE GO DIRECT PROGRAM, CONTRACTNUMBER DIR-SDD-1418; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4713-DISK STORAGE PURCHASE AWARDED TO INX, INC. IN THE AMOUNT OF $130,618.09). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMER VENDOR AMOUNT 4713 INX, Inc. $130,618.09 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his i designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval ofthe above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY- APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-Pile 4713 AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Region VIII Education Service Center through the Interlocal Purchasing System (TIPS) Program under Section 271.102 of the Local Government Code, to authorize participation in various Region VIII Education Service Center contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4715-Interlocal Agreement with Region VIII Education Center Interlocal Purchasing System Program). FILE INFORMATION Section 271.102 of the Local Government Code, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. The agreement attached to the ordinance is an authorization to participate in contracts awarded by the Region VIII Education Service Center through the Interlocal Purchasing System (TIPS) Program and will remain in effect until terminated by either party. This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by the Region VIII Education Service Center. The City of Denton Parks and Recreation Department intends to use this agreement to purchase playground equipment at cost savings of approximately $25,000 based on other pricing received for the same equipment. In the past, we have purchased such items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other supplies from similar agreements. The bid process followed by Region VIII Education Service Center meets all State bidding requirements. RECOMMENDATION Approve an Interlocal Agreement between the City of Denton and the Region VIII Education Service Center through the Interlocal Purchasing System (TIPS) Program. PRINCIPAL PLACE OF BUSINESS Region VIII Education Service Center Mt. Pleasant, TX Agenda Information Sheet May 17, 2011 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement will become effective upon approval by the Region VIII Education Service Center. The Interlocal Agreement will remain in effect until terminated by either party. FISCAL INFORMATION Each acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. Respectfully submitted: 1 Antonio Puente, Jr., 349-7283 Assistant Director of Finance I AIS-File 4715 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE REGION VIII EDUCATION SERVICE CENTER THROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS) PROGRAM UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS REGION VIII EDUCATION SERVICE CENTER CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4715-INTERLOCAL AGREEMENT WITH REGION VIII EDUCATION CENTER 1NTERLOCAL PURCHASING SYSTEM PROGRAM). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the Region VII Education Center under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i BY. w. 2-ORD-Interlocal Agreement With egion VII Education Center INTERLOCAL AGREEMENT Region VIII Education Service Center PUBLIC AGENCY Public Agency County-District Number Region Vill Education Service Center 225 - 950 County-District Number Texas Education Code §8.002 permits regional education service centers, at the direction of the Commissioner of Education, to provide services to assist school districts in improving student performance and increasing the efficiency and effectiveness of school operations Authority for such services is granted under Texas Government Code 791.001 of seq as amended. This Interlocai Agreement (hereinafter the "Agreement") is effective and shall be automatically renewed unless either party gives sixty (60) days prior written notice of non- renewal. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be determined for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Region VIII Education Service Center, by this Agreement, agrees to provide cooperative purchasing services to the above-named public agency through a Program known as the The Interlocal Purchasing System (TIPS) Program. The purpose of the TIPS Program shall be to obtain substantial savings for participating public agencies through volume purchasing, Role of the Purchasing Cooperative: 1. Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and billing. Role of the Public Agency: 1. Commit to participate in the program by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. Wage 2 of 3 INTERLOCAL AGREEMENT, continued 3. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. 5. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. 6. Pay vendors in a timely manner for all goods and services received. General Provisions: The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. This Agreement shall be governed by the law of the State of Texas and venue shall be in the county in which the administrative offices of RESC Vlll are located which is Titus County, Texas. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the current fiscal year of each such entity. Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. This Agreement may be negotiated and transmitted between the Parties by means of a facsimile machine and the terms and conditions agreed to are binding upon the Parties. Authorization: Region Vill Education Service Center and The Interlocal Purchasing System (TIPS) Program have entered into an Agreement to provide cooperative purchasing opportunities to public agencies. Page 3 of 3 INTERL.OCAL AGREEMENT, continued This Agreement was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code ch. 551. The individuals signing below are authorized to do so by the respective parties to this Agreement. Public Agency Region VIII Education Service Center By: By: Authorized Signature Mr. Harvey B. Hohenberger, Jr., Title: Title: Executive Director Region VIII ESC Date Date Public Agency Purchasing Contact Person Public AgencyTechnology Contact Person Street Address Street Address City, State Zip City, State Zip Purchasing Contact's Telephone Number Technology Contact Telephone No. Purchasing Contact's Fax Number Technology Contact Fax Number Purchasing Contact's Email Address Technology Contact's Email Address Please send two signed original Interlocai Agreements to the Region Vill ESC, Attn: Mr. Harvey B. Hohenberger, Jr., Executive Director, Region VIII Education Service Center, PO Box 1894, Mt. Pleasant, Texas 75456-1894. Upon execution, a signers original will be returned to the Purchasing Contact listed above. RESOLUTION STATE OF TEXAS ) TO THE REGION VIII EDUCATION SERVICE COUNTY OF ) CENTER WHEREAS, the Governing Board of , Texas, pursuant (Named Public Agency) (00) to the authority granted by Sections 271.481-271.083 Local Government Code, V.T.C.A., as amended, desires to participate in described purchasing programs of the Region VIII Education Service Center, and in the opinion that participation in these programs will be highly beneficial to the taxpayers through the anticipated savings to be realized, now therefore, be it RESOLVED that we request the Region VIII Education Service Center to include a stated need for : [XI The Interlocal Purchasing System (TIPS) On the Region VIII Education Service Center's annual contracts for the above items, whereby , is authorized and directed to sign and deliver a] I or any necessary requests (Name of Authoring Person) and other documents in connection therewith for and on behalf of (Named Public Agency) I certify that the foregoing is a true and correct copy of the Resolution duly adopted by the Governing Board of and that the same now appears of record in my office. (Named Public Agency) In witness thereof, I have hereunto set my hand and affixed my official seal this day of ,20-. By: (Authorizing Signature) (Printed Auth orking Name) castle) This le¢al document ivill re» gain current on file until either party severs the awreenlent. I AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne 349-8946 All ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the constriction of a concrete lined channel, two pilot channels, an emergency spillway, and an outlet stricture for the Strickland Jr. High Regional Detention Pond Drainage Improvements Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $212,406.45). BID INFORMATION The proposed Regional Detention Pond is located in the open field area west of the Strickland Jr. High athletic track, north of an apartment complex, east of Locust Street, and south of the Strickland Jr. High baseball field (Exhibit 1). Strickland Jr. High is located on Windsor Street and the location of the pond drains into Cooper Creek Tributary 13, upstream of Sherman Drive. This location was recommended in the 2009 Cooper Creek Flood Mitigation Preliminary Engineering Study completed by Jacobs Engineering Group along with proposed improvements to the stricture under Sherman Drive to alleviate flooding upstream of Sherman Drive. A line item description of the project cost is included in the attached Project Estimate Information Sheet (Exhibit 2). Bid 3516 is an annual contract to provide miscellaneous concrete related repair and for small constriction projects. Council stipulated that any projects costing $100,000 or more that are quoted through this bid must obtain separate Council approval. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Bid 3516 was originally awarded by Council on June 25, 2006, and has been renewed through July 25, 2011. RECOMMENDATION Approve the award of a contract with Floyd Smith Concrete, Inc. in the amount of $ 212,406.45. Agenda Information Sheet May 17, 2011 Page 2 PRINCIPAL PLACE OF BUSINESS Floyd Smith Concrete, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will begin on June 6, 2011, upon Council approval, and is estimated to be completed within 60 working days, weather permitting. FISCAL INFORMATION This item will be funded from account 650016455.1360.40100. Requisition 4102903 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Location Map Exhibit 2: Project Estimate Information Sheet Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-.CIS-Bid 1516 Exhibit 1 1 =200' 1 w~1gR~ a Bit I . OEM ~U4Y8 OWN= _ ~ WE w ' POEM mmm ~ r soft u - LIM PROPOSED DETENTION POND EASEMENT 8.319 ACRES COOPER CREEK AT STRICKLAND MIDDLE SCHOOL Exhibit 2 Floyd Smith Concrete, Inc. PROPOSAL P.O. Box 1781 Denton, TX 76202 Date Proposal No. Phone: 940-565-0114 4/26/2011 2011-186r Fax: 940-382-5691 Bill To Project City of Denton City of Denton Contract #3516 Accounts Payable Drainage Department 215 E. McKinney Clark 349-7116 Denton, TX 76201 Strickland Detention Pond Drainage Improvements *Revised Terms Net 10 Item Qty Description Rate Total 8 2,726.5 SY Concrete Rip-Rap and Drainage Flumes 6" 44.48 121,274.72 8B 845 LF Concrete Flumes 6" - 10 Ft wide with 6" Curbs 71.03 60,020.35 10 1,482 LF Saw Cut (Existing Concrete) 1.67 2,474.94 23C 410 SY 6" Concrete Pavement 38.92 15,957.20 36 1 EA "Y" Inlet (Includes Apron, Ring & Cover) (6'x3' 2,057.01 2,057.01 Outlet Structure) 36 1 EA "Y" Inlet ( Includes Apron, Ring & Cover) 2,057.01 2,057.01 32C 1 EA 4'x4' Junction Box 1,890.22 1,890.22 safety end 1 EA 42" Safety End Treatment 4:1 Slope 775.00 775.00 Extra 1 EA Junction Box Ring & Cover 400-24 400.00 400.00 Extra 5 DAY Allow for Concrete Pump 1,100.00 5,500.00 Total $212,406.45 fscinc 1 @verizon.net ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A CONCRETE LINED CHANNEL, TWO PILOT CHANNELS, AN EMERGENCY SPILLWAY, AND AN OUTLET STRUCTURE FOR THE STRICKLAND JR. HIGH REGIONAL DETENTION POND DRAINAGE IMPROVEMENTS PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF $212,406.45). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3516 Floyd Smith Concrete, Inc. $212,406.45 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,201 1. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i I BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 4-ORD-Bid 3516 AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene' SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during revival/crusade event held each night, except Wednesdays, beginning August 25 and concluding on September 13, 2011. The amplified sound would begin at 8:00 p.m. and conclude at 10:30 p.m. The revival will be held on the corner of University Drive and Gay Street. The event organizers are requesting an exception to the level of decibels from 70 to 100 decibels, an extension of hours for amplified sound from 10:00 p.m. until 10:30 p.m., and for an exception for amplified sound on Sundays. Due to the residential neighborhood directly north of the revival site, staff recommends approving the exception of sound on Sundays, an extension of hours of operation, but to limit the increase in decibels to 75 decibels. BACKGROUND Harvest Ministries International plans to have an outdoor revival with a full band playing music, and preaching each night beginning Thursday, August 25 and ending Tuesday, September 13, 2011. The revival will not take place on Wednesdays. The services will not be covered by a tent and parking will be located in an area between Gay Street and University Drive. The event organizers are requesting decibels up to 100 and have provided information to support their request (Exhibit 2). RECOMMENDATION Staff recommends allowing amplified sound on Sundays, an increase in the hours of operation and an increase in sound to 75 decibels. EXHIBITS 1. Letter of Request 2. Decibel Comparison Chart Respectfully submitted: m-0 W'4 Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator y f v I~~Itl,~i HAi,. I _'~r MINISTRIES 1 N T E. R N A T 1 0 N A. L. REQUEST FOR EXCEPTION TO NOISE ORDINANCE We desire an exception to the noise ordinance for the duration of our Revival/Crusade event taking place this Summer of 2011. As you will see below on the chart, OSHA Daily Permissible Noise Level Exposure is 2-3 hours at 90-100 DBL. In consideration of that, and the basic sound needs to reach an audience outdoors with music and PA, we desire to operate our sound system at 90-100 DBL. We request a max permissible DBL of 100. The event is taking place from August 251'' - September 13`'' from 8:00-10:30 in the evenings. There will be no event on Wednesday nights. We have requested dates that include days before and after the event in order to have proper time for set-up and tear-down that will include up to two sound checks only. We have permission in writing from the owner of the property. The property is a large vacant lot located at 1900 W. University Dr., and is privately owned. The activities that will be conducted are normal church/revival services activities, which include full band music and preaching. This serves the public interest in the greatest manner by providing spiritual support through the ministry of the Gospel of Christ. On the second page is the link and copied info in regards to decibel averages for various common sounds in a city. It includes OSHA's Daily Permissible Noise Levels. A motorcycle is 100 dbl. A rock concert is 115dbl. Our sound engineers at Calvary Cathedral Int. in Fort Worth have the Dbl meter and they verify the volumes, we know for sure that we are running around 95 indoors, which is not that loud. Our pastor is in his upper 70's, and our congregation is all ages; I'm saying that just to say that we don't run it loud at all, people of all ages enjoy the sound volume in our services. I am confident that our location is very advantagous in aiding for an approval for the sound because we are located in a place that is well distanced from any residences and businesses. On one side is University, on the other side is a forest, and in front of the throw of sound is a large distance between us and a commercial building. You can see the arial view of the crusade grounds in the image provided. We have done these events throughout the state and always have left with a good reputation with the cities. We have never had a complaint with the sound volume. We desire to work well with the city of Denton and it's city council. Actually now that I think about this in regards to the city of Denton, my great grandparents were the Evers, who owned Evers hardware there on the south side of the courthouse. Denton has been good to us! My grandmother Jessie Evers King has told me some stories about that store. David King pwx- WVVW. f-i k V E -1- 1 [`tea C -rR I I "'TER r ,n,.-r 8 1-3 ",a, L_ O MM C5 2. 4. "7 2 . 6> CD 1 1 2 VV ! ST 14. , : a 1- R E E .°r•. F 0,, R T" VV C) R'T T x. °7 1 E3 '7 udness.html Decibel (Loudness) Comparison Chart Here are some interesting numbers, collected from a variety of sources, that help one to understand the volume levels of various sources and how they can affect our hearing. Environmental Noise Weakest sound heard OdB Whisper Quiet Library 30dB Normal conversation (3-5') 60-70dB Telephone dial tone 80dB City Traffic (inside car) 85dB Train whistle at 500', Truck Traffic 90dB Subway train at 200' 95dB Power mower at 3' 107dB Snowmobile, Motorcycle 100dB Power saw at 3' 110dB Sandblasting, Loud Rock Concert 115dB Pneumatic riveter at 4' 125dB Jet engine at 100', Gun Blast 140dB Death of hearing tissue 180dB Loudest sound possible 194dB OSHA Daily Permissible Noise Level Exposure Hours per day Sound level 8 90dB 6 92d B 4 95dB 3 97dB 2 1OOdB 1.5 102dB 1 105dB .5 110dB .25 or less 115dB Perceptions of Increases in Decibel Level Imperceptible Change 1dB Barely Perceptible Change 3dB Clearly Noticeable Change 5dB About Twice as Loud 10dB About Four Times as Loud 20dB Sound Levels of Music Normal piano practice 60 -70dB Fortissimo Singer, 3' 70dB Chamber music, small auditorium 75 - 85dB Piano Fortissimo 84 - 103dB Violin 82 - 92dB Cello 85 -111 dB Oboe 95-112dB Flute 92 -103dB Piccolo 90 -106dB Clarinet 85 - 114dB French horn 90 - 106dB Trombone 85 - 114dB Tympani & bass drum 106dB Walkman on 5/10 94dB Symphonic music peak 120 - 137dB Amplifier rock, 4-6' 120dB Rock music peak 150dB CITY OF DENTON CITY COUNCIL MINUTES April 4, 2011 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Monday, April 4, 2011 at 11:30 a.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Engelbrecht, Council Member King, Council Member Heggins, Council Member Gregory, Mayor Burroughs, Council Member Watts, and Mayor Pro Tem Kamp. ABSENT: None 1. Receive a report and hold a discussion regarding revisions to the Denton Property Maintenance Code. John Cabrales, Public Information and Intergovernmental Relations Officer, presented an update on the Property Maintenance Code. There were five amendments staff wanted to discuss with the Council. In 2010 the Council instructed staff to bring back any wording changes that might be needed concerning the Property Maintenance Code. Of the five recommended wording changes, four were approved by members of the Citizens Code Committee. The fifth revision dealing with outside storage was sent back to staff with a request to simplify the language and abbreviate the length. That wording change was sent out late last week to the Committee members. Staff received one email in response regarding playground equipment on church property and daycare centers and staff was reassessing that wording. The proposed wording changes involved (1) definition of accessory strictures, (2) elimination of language requiring citizens to request a hearing for junked vehicles in Section 17-35; (3) deleted item (k) from 17-40 dealing with undeveloped lots with vegetation; (4) deleted "housing units" and replaced with "strictures" in the language dealing with lead-based point regulations; and (5) rewrote the definitions of "stricture" and "outside storage" to clarify the intent to regulate the storage of items in public view except for those items designed for outdoor use. Council Member Gregory asked how the change in language would relate to an urban forest area. Lancine Bentley, Code Enforcement Division Manager, stated that understory vegetation was protected. The tall grass and weeds would have to be mowed outside the forested areas. Mayor Burroughs stated that a number of trees already in an area would be a demarcation of the area. Council Member Watts suggested changing the wording regarding compliance with lead-based paint from "may" to "shall". City Attorney Burgess stated that the language was taken from another source and she would review the document. Council Member Gregory asked if individuals would be responsible for performing the lead- based paint testing if they were doing their own home repairs. City of Denton City Council Minutes April 4, 2011 Page 2 City Attorney Burgess stated that staff would look into whether an individual or contractor would be responsible for the testing. Cabrales stated that the interpretation for playground equipment on church property and daycare centers was that the language would not apply as toys were not outside storage. Staff was continuing to look at that language and would revise it further if needed. Mayor Burroughs stated that some things were meant to be stored outside such as hoses and grills and that it was hard to fashion language that recognized things that were typical to be outside versus things not meant to be outside. Not everything could be defined but there was the need to get concepts down as much as possible. Council Member Engelbrecht asked how the section on residential carports applied to carports in an alley. Bentley stated that regardless of the location of the carport, storage under it would be a violation. Council Member Engelbrecht replied even if the carport were only visible from the alley but not from the street. Bentley stated that the alley was a public right of way. The Code Enforcement officers do not travel the alleyways and would investigate only if a complaint were filed. Cabrales stated that staff would prepare an ordinance for Council consideration. If any further changes were made, staff would pass those on to Council before consideration of the ordinance. Council Member Gregory asked who recommended the proposed changes. Cabrales stated that they were recommended by Code Enforcement because staff wanted to make sure they were enforcing the intent of what was trying to be accomplished. Code Enforcement was also working with the prosecutors for any issues with enforcement language. Council Member Gregory asked about that process. Cabrales stated that staff, working with Code Enforcement, Planning and Legal, prepared the proposed changes which were then presented to the Council and Citizens Committees for approval. Council Member Gregory asked how an individual or group of citizens would present changes they felt might be needed. Cabrales stated that both the Council Committee and Citizens Committee had postings on their agendas for citizens to give input and that practice would continue whenever they had meetings. Citizens could also contact Council and staff with suggestions. Council Member Gregory asked when the Citizens Committee was appointed. City of Denton City Council Minutes April 4, 2011 Page 3 Cabrales stated that it was appointed in 2008, following the appointment of the Council Committee. Council Member Gregory asked if there had been any discussions on the Council Committee of formalizing the Citizens Committee on an ongoing basis. Cabrales stated that the Citizens Committee was specifically asked to help complete the task with direction from the Council Committee members on how to proceed. Council Member Watts felt that it had come a point that in the near future there may be a need to look at that. Once the Code was produced and enforced, there were people with a good history to continue the process and transition from creation to monitoring and development. Consensus of the Council was to proceed to prepare an action item with the recommended wording changes. Following the completion of the Work Session, the Council convened into a Closed Session. 1. Closed Meeting: A. Consultation with Attorneys -Under Texas Government Code Section 551.071. 1. Receive a status report from the City's attorneys regarding Denton's proposed response to the U. S. Department of Justice letter of January 28, 2011 regarding Denton's alleged violations of the Texas Pollutant Discharge Elimination System (TPDES) Permit requirements and the Clean Water Act; discuss, deliberate and provide Staff with direction regarding same. Consultation with the City's attorneys regarding legal issues associated with the matter referenced hereinabove, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. The Council concluded the Closed Meeting at 1:20 p.m. and in Open Session adjourned the meeting. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES April 5, 2011 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, April 5, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: None. 1. Citizen Comments on Consent Agenda Items Amber Briggle, 1315 Dartmouth, Denton, 76201, spoke in support of Consent Agenda Item 4H dealing with the vulnerable road user ordinance. 2. Requests for clarification of agenda items listed on the agenda for April 5, 2011. Council Member Gregory asked if any local banks had submitted a bid for Consent Agenda Item J. Bryan Langley, Chief Financial Officer, stated that bids had been sent out to twenty banks in the area but only two had responded. Smaller banks were not able to provide the services required and a larger bank was needed for the depository agreement. Mayor Burroughs stated that there was value to publicize the vulnerable road user ordinance as much as possible to raise awareness and show that the City was making strides in this area. He would be requesting that the item be pulled for individual consideration for a general address about it. Mayor Pro Tem Kamp noted that on Consent Agenda Item 4G relating to the public art project that the Hotel Occupancy Tax Committee had also reviewed and approved that project 3-0. 3. Receive a report, hold a discussion and give staff direction on a proposal to enter into an Interlocal Cooperation Agreement between the City of Denton and Denton County Transportation Authority (DCTA) for the provision of fleet maintenance operations for the DCTA fleet. Bryan Langley, Chief Financial Office, presented the fleet maintenance partnership opportunities, stating that this would be a high level presentation. Background information - The City of Denton LINK Bus Operations moved to the Landfill in 2004 with approximately 40 buses/3 light vehicles and 80 employees. DCTA subsequently acquired this operation. DCTA had extended their lease and expanded their operation at the Landfill. DCTA currently used an outside vendor to provide vehicle maintenance at the City's Landfill. Issue - Solid Waste needed to relocate the bus parking to develop the landfill and would need to use the facilities currently occupied by DCTA for vehicle maintenance. The current Solid Waste- DCTA lease was month to month. DCTA needed a long-term solution regarding its bus City of Denton City Council Minutes April 5, 2011 Page 2 operation and maintenance facilities. DCTA and city staff had discussed the possibility of a partnership for vehicle maintenance. DCTA currently partnered with the city for fueling services. Potential partnership benefits - Economics of scale could be realized by providing DCTA fleet maintenance service. The DCTA capital plan indicated FY 2015 as the earliest date that a proposed DCTA bus maintenance and fueling facility could begin constriction. Another benefit was that it would allow DCTA to focus on bus operations instead of maintenance activities. Possible consolidation of public infrastructure and operations might reduce need for multiple maintenance facilities in the community. Discussion points - To accommodate DCTA fleet needs, the following would have to be considered: (1) the addition of a 3rd shift for Denton fleet operations and (2) expand the Service Center operations or use of alternative sites at the landfill. Outstanding items to be addressed included (1) a cost sharing arrangement, (2) DCTA bus and vehicle parking, (3) bus dispatch operations, (4) additional maintenance bays and equipment needs, (5) Ruddell realignment, rail crossings and traffic issues if the Service Center was expanded, and (6) zoning issues. A more detailed review would be done in future meetings regarding these issues. Other items under consideration - (1) DCTA might use a phased approach to relocate from the Landfill, (2) examine a 10 year agreement; (3) a catalyst project that would require capital expenditure and investment in the Service Center; and (4) potential benefits to both organizations by pooling resources. Staff would like to further review and investigate the potential opportunities that may exist with this proposal. Prior to investing additional resources, staff would like Council feedback regarding a proposal partnership between the city of Denton and DCTA. Mayor Burroughs stated that it looked like most of the traffic would be interior, back and forth to the maintenance facility and questioned what impact would be on Mingo Road. Langley stated that staff would have to look at hours of operation and traffic patterns to determine any impact on Mingo. Council Member Gregory asked that when the item was back before Council that there be more information given about cost implications and how those would play out. Langley stated that if Council was agreeable to the concept, staff would come back with more details. Consensus of the Council was to proceed with the proposal. Mayor Pro Tem Kamp asked if there was any preliminary timing with the proposal. Langley stated that within the next 18 months Solid Waste would like to begin their project. City of Denton City Council Minutes April 5, 2011 Page 3 4. Receive a report and hold a discussion regarding the Denton County Transportation Authority's (DCTA) proposal to install a radio antenna tower for the DCTA A-train project. Mark Cunningham, Director of Planning and Development, stated that DCTA was requesting a Specific Use Permit for a 180 foot communications tower. A Specific Use Permit was required because the tower was in excess of 50-feet in an EC-1 zoning district. During the March 1st Council meeting, staff had indicated that there would be no co-location of antennas or equipment on the tower. However, there was a proposal to possibly locate a city antenna to assist with the implementation of an intelligent traffic system project on the tower. At this point there were no concrete plans to place any city equipment on the proposed tower and a decision by Council to grant a Specific Use Permit should not take into account this possibility. During the March 1st meeting, several questions were raised regarding alternative locations, other options, associated costs and impacts on transmission in the community. Charles Emery, DCTA Chairman of the Board, stated that he had been advised that DCTA had been deficient in certain information provided during the March 1st Council meeting. He wanted Council to know that DCTA was committed to provide timely, safe and efficient passenger rail service. Council Member Watts stated that in the backup materials for this item there was a letter from Mr. Witt indicating that DCTA would not operate the A-train without an acceptable redundant communication system in place. There was also communication from Tom LeBeau that the specific use permit for the 180 foot tower would be the only acceptable option. Jim Witt, CEO-DCTA, stated that the Teasley site provided the optimum coverage and reliability adjacent to the rail system. The property was owned by DCTA and met city code except for the specific use permit they were applying for. He discussed the distance the tower would be from the residences, presented a picture of the south tower, the communications equipment house, and a mockup of how the tower would look from Kerley Street. He had heard the concerns expressed by the neighborhood regarding health impacts and interference with televisions, etc. DCTA contracted with a third party engineering firm to explore those impacts. Mr. Ray Trott from Trott Communications would present the information on that study. Ray Trott, Trott Communications, stated that his firm was hired to look at some of the factors with respect to surrounding environments including the health issues. The basis of his study was based on the standards by the FCC developed over the last 50 years and was adopted by the FCC. The results of the study showed that the emission levels were thousands of times less than the FCC standards and the residents should not have any problems in that area. He was also asked to look at interference in a broadcast capability. There was only one blip that showed up in the Channel 14 spectrum and it was very unlikely that it would happen. Residents should not have any problems with broadcast channels. He also looked at FAA issues and found that DCTA was licensed to use the site by the FAA and met all obstruction issues with the FAA. He had looked at drawings of the tower which met structural standards. In his opinion, the neighborhood would not notice anything in health or communications issues with the tower. Mayor Burroughs asked what interference with the channel would look like. City of Denton City Council Minutes April 5, 2011 Page 4 Trott replied that people would not be able to see it. Council Member Gregory asked what the mitigation would be if there was a problem. Trott stated that there was a filter but felt that the equipment was filtering itself. Council Member Watts questioned what the difference would be if there was a smaller tower. Trott stated that the height was important on the distance of the signal and also on reliability. The 180 feet met many requirements such as FAA requirements and gave a strong signal for safety and reliability. Council Member Heggins stated that she had received concerns about health issues and concerns about interfering with TV but the biggest complaint she had received was that the residents not want to see a tall tower in their community. Jim Hamlin, DCTA, stated that they had researched having two smaller towers but the larger tower would reach into the far reaching areas of the service areas. Multiple towers had more points of failure. Council Member Watts stated that if there were two towers, there would only be two points of failure. He questioned what would happen if there were two 80 foot towers and both of them went down. Hamlin stated that if one went down, the other would still operate but might not reach the total service area. Mayor Pro Tem Kamp asked if the redundancy was a federal requirement. Hamlin replied it was not a federal requirement but was for safety. Council Member King asked about other trains on the tracks. Witt replied only on the south end to Lewisville. Council Member Engelbrecht asked about multiple trains going north and south. Witt stated that there would be trains moving north and south all through the peak periods. It was a safety consideration to have a backup system in case of failure. Council Member Watts stated that if there were two 80 foot towers, there would be no redundancy. Hamlin replied correct. City Manager Campbell questioned that if there were two 80 foot towers in place of the 180 foot tower and the tower in Lewisville went down, would there not be communication for whole system. City of Denton City Council Minutes April 5, 2011 Page 5 Hamlin stated that if there was the 180 foot tower in Lewisville and two 80 feet towers in Denton there would be redundancy but also would be adding additional points of failure. If a middle tower went down there might be gaps in the middle of the system. They were trying to get past blockages in the signal. City Manager Campbell stated that if there was only one 180 foot tower and no towers in Denton, there would be a system that would work the whole distance of the track but there would be no redundancy. If there was the 180 foot tower in Lewisville and two small towers on the north end of the service line and one smaller tower went down, there would still be coverage. The only time there would not be coverage was if the 180 foot in Lewisville went down. Hamlin replied correct. City Manager Campbell stated that both smaller towers would have to go out to not have redundancy. Witt addressed the landscaping of the area. He stated that DCTA had received a grant for landscaping and barriers with concentration in this area. They had drawings for landscaping along Kerley and were in the process of developing a steering committee for landscaping and barriers. Those features may be a year away from completion. Council Member Gregory asked if two smaller towers would have an effect on the time line for the anticipated late June startup. Witt stated that without further exploration he doubted if DCTA could meet the time line. He felt it would threaten the start time but could not give a date certain. Council Member Gregory asked if it would have been possible to bring the specific use permit request to Council any earlier than was what done. Witt stated that the timeline was started in May of last year. It might have been possible to submit it a couple of weeks earlier but he couldn't say for sure. Council Member Engelbrecht asked about sound barriers and landscaping. Dee Leggett, DCTA, stated that the grant application was specific on what could be included such as natural visual barriers. There was a potential for masonry type barriers but no sound barriers such as noise abatement measures. Council Member Engelbrecht asked about masonry barriers similar to what was out by the Mall. Leggett stated that the barriers would probably not be the same height as those barriers and that there were also some problems on Kerley due to drainage problems. Council Member Engelbrecht asked if the proposed committee could address the usage of deciduous trees on the DCTA property to eventually mask the site. Leggett stated that the grant did include the Teasley property. City of Denton City Council Minutes April 5, 2011 Page 6 Mayor Burroughs stated that he was pleased to see a proposal for the citizens committee to assist with the usage of the grant funds as that would help direct what some of the screening devices would be applied for this portion of Kerley Street. Witt stated that the Council could direct some the funds of the grant for those issues. However, he did not know how to do that in terms of a motion. Mayor Burroughs stated that when Council addressed that issue in the regular session, they could make it part of the discussion from staff to let Council know what could be done to address the visual problem on this street. Council Member Gregory asked if there would be any trees planted between the hike and bike trail and the curb. Witt stated that there were some drainage issues there that might prohibit that. He would look at the whole length of the site to determine the best usage. Mayor Burroughs asked if there was flexibility in the grant that would allow plantings on private property such as was done in Utah. Leggett stated that the Utah funds came from a pool of funds that had more flexibility than DCTA due to DCTA funding coming from federal funds. The grant application had to determine that it was all in public ownership and if not, they would have to provide documentation that they could go on private property for that. Witt stated that DCTA had no intention to commercial market or solicit to hang anything on the tower as doing that would hinder their overall intention. There would be no private sector usage of the tower. In terms of alternatives, four 50 foot towers would not be doable and would be too costly. Two 80 foot towers increased the cost and provided higher maintenance. The cost of additional real estate was not included in the cost of the alternatives. Mayor Burroughs asked if other alternatives would have implications on the opening of the June service. Witt stated that the alternatives would affect other neighborhoods impacted by a tower with two towers instead of one, would result in lost revenue from not opening sooner, and incur additional costs associated with keeping more people on staff during the revision time 5. Receive a report, hold a discussion and give staff direction regarding the governance of the Airport as recommended in the Denton Airport 2010 Business plan. Bryan Langley, Chief Financial Officer, stated that the Airport Business Plan was approved by Council November 16, 2010. During the Business Plan discussions, Council requested staff provide a recommendation on airport governance options. Staff had discussed possible governance alternatives with Council on several occasions since December 14, 2010. City of Denton City Council Minutes April 5, 2011 Page 7 Recent Discussions - On February 15th Council requested more specificity regarding the Tenant and Stakeholders Relations aspect of the staff proposal. On March 1st, the Council amended the duties and responsibilities of the Economic Development Partnership Board to include Airport branding and marketing. Council also tabled the Airport Committee and Safety and Stakeholder Relations Committee items. Staff was now presenting a modified recommendation for Council consideration. Staff Proposal - Create a City Council Airport Committee with the same format and charge as previous presentations. Rename the Airport Advisory Board to the Aviation Safety and Technical Advisory Board which would be a formal board appointed by the Council and which would redefine the purpose and charge of the Board. Key aspects of the Aviation Safety and Technical Advisory Board - The Board would review, consider and make recommendations to the Council regarding relevant safety issues, flight procedures, and ground operations. It would provide input related to safety and security in the creation of long-term master plans and facilitate tenant/stakeholder outreach. Key aspects of the City Council Airport Committee - The Committee would monitor and review the business plan, master plan, infrastructure improvements and other similar projects. It would review and seek grant funding opportunities; review and make recommendations regarding leases and contacts at the Airport; monitor the budget and assist with development of long term financial plans for the Airport; and provide a direct interface between the Council, tenants and other interested parties regarding airport related issues. Items under consideration - Item 5D on the agenda established the Council Airport Committee. Item 5E amended Ordinance 97-299 to rename the Airport Advisory Board and redefined the charge of the Board to focus on safety and other technical aspects of the airport. Council Member Watts stated that there was a matrix as part of the backup for 5E that was an exhibit but was not in the ordinance. He asked how that matrix would get translated into the ordinances in order to define that level of specificity. Langley stated that the wording in the ordinances detailed the responsibilities to mirror the matrix. Mayor Burroughs asked why input for a long term master plan for operational issues was not included in the duties of the Committee. Langley stated that the operations aspect was for safety and security. There were some gray areas but these were the major functions. Mayor Burroughs asked if there would be a problem with adding the wording to state "safety, security and operational issues". Langley stated that there might be a complication between the different groups. There would be a need to be clear who was responsible for operation of the Airport. City of Denton City Council Minutes April 5, 2011 Page 8 City Manager Campbell stated that there might be a concern when too many words were added to a definition as it might have a tendency to restrict what could be done. He felt it was important to not add words that might limit the ability of elements of the master plan once it was moving forward. 6. Receive a report, hold a discussion and give staff direction regarding terms and provisions of a Vulnerable Road User ordinance. Bryan Langley, Chief Financial Officer, stated that the purpose of such an ordinance would be to protect vulnerable road users which were typically pedestrians, cyclists and other non-motorists using the roadways. There were a number of states that had passed similar ordinances. As part of the March 1st Work Session, staff was asked to look better defining separation distances between defined vulnerable road users and vehicles. Council Members felt that in order for the proposed ordinance to be effective, language should be incorporated establishing a safe passing distance of three feet for cars and light tricks and six feet for commercial vehicles. Council Member Watts questioned some of the language in the ordinance. One section had wording stating "due care" when passing which he felt was different from the stated requirement of 3-6 feet for passing. City Attorney Burgess stated that was standard language for a policy statement. Council Member Gregory stated that some of the language was also based on a state bill that included that language. He noted that some of the responsibility for the cyclists and pedestrians were also included and liked the change in wording for Subsection (k). Council Member Watts felt that the speaker at the beginning of the meeting had a good point regarding vehicles making left turns at intersections in relation to vulnerable road users. City Attorney Burgess stated that such a wording change could be incorporated before Council consideration. Council Member Gregory stated that the ordinance language indicated that when practicable vulnerable road users should stay close to the curb but that was not possible with a right hand turn lane as the rider could not stay next to curb and still get to the through lane. He suggested some wording that the rider would move into the right lane and then move back over upon completion of the turn. Council Member King stated that right now a bike rider could ride in the middle of a lane if he wanted to but the proposed ordinance would restrict that. Council Member Engelbrecht stated that the assumption was that a bike moved slower than traffic so it should be on the right. There was a section in the ordinance that bike riders were not to impede the traffic flow if moving two abreast. Mayor Pro Tem Kamp asked about plans to review the consequences of the ordinance and felt it should be done sooner than a year from the date of passage. City of Denton City Council Minutes April 5, 2011 Page 9 Council Member Engelbrecht asked if the Police Department was keeping records on bike incidents. Paul Abbott, Interim Police Chief, stated that it was part of the accident reporting process. Langley stated that staff could report back in six months to a year regarding the effectiveness of the ordinance. Council Member Engelbrecht asked about staff measuring bike usage and assessing what type of ridership there was in the city. 7. Receive a report, hold a discussion and give staff direction concerning proposed amendments to Sections 35.13.7.C, 35.20.2.A.3.c, 35.20.3.13, 35.20.3.13.1, 35.203.C and 35.23.2 of the Denton Development Code regarding estates lots and sidewalks and/or bicycle facilities. (DCA10-0008) Mark Cunningham, Director of Planning and Development, stated that there were some areas in the city that did not warrant sidewalks due to the nature of the subdivision. Staff was proposing an amendment to the Development Code to allow for some provisions where sidewalks would not be required in estate type residential subdivisions. Currently the Development Code required sidewalks except for (1) exemption from making perimeter street improvements, (2) replatting of property zoned for single-family residential use if the preceding plat covering the same property did not require sidewalks and a zoning change to a district other than single-family residential use was not anticipated; (3) platting property for improvements to an existing building or to constrict any additional building on the property if the perimeter street was not required to be improved, expansion of existing building did not exceed an increase in the floor area of 10%, building improvements would be located on the same tract or tracts of land as the existing building or building improvements would not required the constriction of additional parking spaces. This proposal would allow for a fourth exemption that all lots platted with a minimum of one acre, that were not within 1/2 mile of a public elementary or middle/junior high school; and none of the lots fronted on a street that served more than 200 total vehicle trips per day. No variances of waiver would be granted for the proposed exemption. Additional amendments would remove the language in Subchapter 35.13.7.C dealing with the width of estate lots and the size of estate lots. Subchapter 35.20.2.A.3.c dealing with the definition of rural/suburban street would be deleted. Council Member King felt the amendments were a good idea. Mayor Burroughs also felt the proposal changes were good. Council Member Watts suggested combining the '/2 mile requirement from a public school and the total vehicle trips per day into one. He questioned that a subdivision of over 20 estate lots would not be able to use the proposed exemption. Cunningham stated that it might apply if there were two cul-de-sacs on the property. City of Denton City Council Minutes April 5, 2011 Page 10 Council Member Watts stated that would limit how estate subdivisions would be developed and possibly limit them to only 20 lots. Cunningham stated that if there was only one street, the number of lots would be limited to 20. Council Member Watts questioned if there was one lot within 1/2 mile of a school the entire subdivision would have to have sidewalks. Cunningham replied correct because if there was a school 1/2 mile from the subdivision there would be children in the subdivision who might walk to school. Council Member Gregory questioned if there was a development with 18 lots and of the 18 lots, 17 were one acre or bit more but because of configuration of the property one lot was less than one acre would the riles change for the entire development. Cunningham replied correct. Council Member Gregory questioned why there would not be any allowance for a variance. Cunningham replied that they did not want a situation where a developer might try to circumvent the code. Council Member Gregory asked if not having sidewalks would trigger a change in the requirements for the width of a street. PS Arora, Division Manager-Wastewater Administration, displayed the rural subdivision road requirements. Council Member Gregory suggested that if the estate subdivisions were not going to be required to have sidewalks, staff should consider widening the streets to provide more passing room. Mayor Burroughs felt that sometimes clarity and flexibility did not work together well. He was not in favor of no possibility of a variance. He felt staff and Council were stating that they had considered every possible consequence and did not care about any unforeseeable consequences. That provided no possibility of flexibility. To require all interior sidewalks because one or two fell below a certain line was arbitrary. In place of no possibility of a variance, he would suggest some kind of provision that the average be greater than one acre with a minimum variance below one acre be 10%. That type of provision would allow for oddities of smaller subdivisions. Cunningham stated that the proposal could be changed to allow a variance for the minimum lot size but not for the 1/2 mile separation from a school or the 200 vehicle trips. Mayor Burroughs stated that the schools did not bus within 2 miles of a school which would be a long distance for a child to walk. He felt the distance noted was arbitrary and that there would be a minor number of children involved. He questioned requiring sidewalks on a dead-end road which would result in a higher cost per lot. He felt'/2 mile would not make any difference. City of Denton City Council Minutes April 5, 2011 Page 11 Council Member Engelbrecht stated that a school was a destination and as development moved closer to a school there would be an increase in both pedestrian and vehicular traffic. Mayor Burroughs noted that the provisions were only for interior streets. Council discussed the flexibility of interior versus exterior lots for the sidewalks. Cunningham stated that staff would look into allowing for variances for situations less than one acre lots, and consult further on the 1/2 mile separation distance but would retain the provision dealing with 200 total vehicle trips per day. Council considered Item 49 9. Receive an update, hold a discussion, and give staff direction concerning the Phase II Sustainability Plan. Howard Martin, Assistant City Manager, stated that the activities in Phase One of the grant were completed. That phase developed a number of strategies and reorganized them into focus areas. In preparation for Phase II, Camp, Dresser, and McKee was hired as consultants to complete the sustainability plan. Adrienne Thorpe and Glennis Nelson from Camp, Dresser and McKee reviewed the public input regarding the Sustainable Denton Plan. Nelson noted that managed public expectations and motivation for the Plan was important. The message was critical on how to make it happen, how to implement the plan, how to know if it's successful, and what did the City want to do. Thorpe reviewed Phase I of the program. She noted that Phase 11 would be to create the plan with public involvement and to prioritize the strategies. Phase 11 would implement with city staff and key partnerships, track progress, and evaluate the strategies. She reviewed the vision statement, presented information on a draft plan and implementation strategy. They would be looking for low cost, high impact strategies. Mayor Burroughs stated that there were large numbers of previously used suggestions that might be considered. Thorpe stated that there was an extensive list of focus areas specifically broken out for consideration. They wanted the public to be as creative as possible Mayor Burroughs asked at what point Council enter into the plan and if each member should take it upon himself/herself to do the survey. Thorpe stated that Council should look at the survey to see what was most important to them. Nelson also suggested that Council attend the public meetings as a show that city leadership was interested in the process. Council returned to the regular agenda order. City of Denton City Council Minutes April 5, 2011 Page 12 8. Receive a report, hold a discussion and give staff direction regarding the adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a First Amendment to the 2010-2011 Agreement between the City of Denton and the Fred Moore Day Nursery School ("Original Agreement"), said Original Agreement contemplating the provision of Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton County, Texas; and providing for an effective date. Barbara Ross, Community Development Administrator, stated that the City had allocated Community Development Block Grant funds to renovate the Fred Moore School. The original agreement provided that the School would grant a lien in favor of the city to secure the contractual obligation to provide child care services. After approval of that agreement, it was realized that the DISD had some claim to the property and that there needed to be changes made to the deed. The U. S. Department of Housing and Urban Development required that any facility rehabilitated using Block Grant funds, must continue to serve low and moderate-income residents for a period of at least five years after close-out of the grant year. If services did not continue to be provided, HUD had the authority to request that the city return the funding expended on the property. Currently the way the DISD set up the ownership of the property, in event the daycare stopped providing services, the property would go back to the DISD and city would not get back the funding. Options included (1) proceeding with the project without the execution of a lien on the property, (2) working with the DISD to see what kind of agreement could be worked out and (3) terminate the original agreement and reallocate the funding committed to the Fred Moore Day Nursery School project. Council Member Watts suggested formalized discussions with the DISD because there might be additional needs for the area to continue the project. Ross stated that there were some immediate needs to meet state requirements. Council Member Gregory stated that he was on the Fred Moore Board of Directors with no remuneration. The Board had some new language with the contract and was looking at a letter of understanding between the DISD and City regarding the property. Council Member Watts felt that there should be something in writing. Richard Casner, Deputy City Attorney, stated that what was developed would depend on what the DISD wanted to bind themselves to and at this point, they had not discussed the particulars on how much the DISD would do with that. Mayor Burroughs felt that the more formal the agreement, the better but that a memorandum of understanding which clarified what was being proposed would be acceptable. The Council convened into a Closed Meeting to discuss the following: 1. Closed Meeting: City of Denton City Council Minutes April 5, 2011 Page 13 A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary constriction easement tracts for the Mayhill Road Widening and Improvements project, the limits of which generally being between the intersection of Mayhill Road and Interstate Highway '15 East and the intersection of Mayhill Road and U.S. Highway 380, affecting real property tracts in the M. Forrest Survey, Abstract No. 417, the D. Hough Survey, Abstract No. 646, the M.E.P. & P.R.R. Surveys, Abstract Nos. 927, 950 and 1469, the D. Lambert Survey, Abstract No. 784, the G. Walker Survey, Abstract 1330, and the J. Brandon Survey, Abstract No. 1515, in the City and County of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B. Consultation with Attorneys - Under Texas Government Code, Section 551.071; and Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. 1. Discuss, deliberate and receive information from Staff and provide Staff with direction pertaining to the possible acquisition of certain real property located in the downtown area of Denton, Texas, Denton County, Texas, including real property located in the H. Cisco Survey, Abstract No. 1184 and in B.B.B. & C.R.R Company Survey, Abstract No. 185. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property referenced hereinabove, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. Regular Meeting of the City of Denton City Council at 7:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. City of Denton City Council Minutes April 5, 2011 Page 14 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Youth Peace Day International Mayor Burroughs presented the proclamation for Youth Peace Day International. 2. National Financial Literacy Month Mayor Burroughs presented the proclamation for National Financial Literacy Month. 3. National Community Development Week Mayor Burroughs presented the proclamation for National Community Development Week. 4. Child Abuse Prevention Month Mayor Burroughs presented the proclamation for Child Abuse Prevention Month. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. George Calhoun regarding the widening of Mayhill Road. Mr. Calhoun presented information on the widening of Mayhill Road. He was not in opposition to the widening but wanted the City to proceed with the original study completed in May of 2006 which reduced the right-of-way to 125 feet. The proposed alignment would destroy homes in taking the right-of-way which had 135 feet of right-of-way. Four homes would be destroyed with that alignment and he asked Council to reconsider which alignment would be used. 2. Janet Calhoun regarding the widening of Mayhill Road. Ms. Calhoun asked Council to consider the original route instead of the route proposed by the Engineering Department. They did not want to have to leave their home for the alignment of the roadway. She asked the Council to not approve the proposal by the Engineering Department. 3. Nel Yeldell regarding civil rights matters on air quality. Ms. Yeldell stated that her first complaint was that there were chemicals in the water in her area. The second was the damage done by the rail coming into their neighborhood. There were five chemical plants around their area which were contaminating the neighborhood. City of Denton City Council Minutes April 5, 2011 Page 15 4. CONSENT AGENDA Mayor Burroughs indicated that Item H would be pulled for separate consideration. Council Member King motioned, Council Member Heggins seconded to approve the Consent Agenda and accompanying ordinance and resolutions with the exception of Item H. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance 2011-044 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas accepting a proposal and awarding a contract for a utility assistance program for low- income households to Interfaith Ministries in an amount not to exceed $85,000; providing for the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (4-0). Approved the request listed below. B. Consider a request for an exception to the Noise Ordinance for the purpose of the Singing Oaks Church of Christ Community Festival to be held on Sunday, May 22, 2011, from 4:00 p.m. to 9:00 p.m. The event will be held in the church parking lot located at 101 Cardinal Drive. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. An increase in decibels will not be needed. Staff recommends approval of the request. Approved the request listed below. C. Consider a request for an exception to the Noise Ordinance for the purpose of performing music during the 2011 Relay for Life to be held at the University of North Texas Fouts Field beginning at 3:00 p.m. on Saturday, April 16, 2011, until 6:00 a.m. on Sunday, April 17, 2011. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday until 6:00 a.m. Staff recommends approval of the request. Approved the request listed below. D. Consider a request for an exception to the Noise Ordinance for the purpose of the fourth Annual Beanstock Music Festival, sponsored by Cool Beans Bar and Grill. The event will be held at Cool Beans, located at 1210 W. Hickory Street, on Saturday, April 16, 2011, beginning at 12:00 p.m. and concluding at 12:00 a.m. The exception is requested for extension of the hours of operation for amplified sound. Staff recommends approval of the request. Ordinance 2011-045 E. Consider adoption of an ordinance of the City of Denton, Texas, granting the Denton Festival Foundation, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours City of Denton City Council Minutes April 5, 2011 Page 16 of operation of an amplified loudspeaker system; and setting an effective date. Staff recommends approval of the request. Resolution R2011-006 F. Consider approval of a resolution allowing La Mexicana to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 7, 2011, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). Staff recommends approval of the request. Resolution R2011-007 G. Consider approval of a resolution of the City of Denton, Texas approving the exhibition of poetry as a public art project; pursuant to the City of Denton Public Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for expenditure to such purposes; and declaring an effective date. The Parks, Recreation and Beautification Board recommends approval (6-1). Ordinance No. 2011-047 L Consider adoption of an ordinance of the City Council of the City of Denton awarding a Merchant Services Contract to Elavon, Inc. for a term beginning June 1, 2011 and ending May 31, 2016; authorizing the City Manager to execute a Merchant Services Contract with Elavon, Inc. for credit/debit and check processing services; authorizing the City Manager and other City employees to transact business with Elavon, Inc.; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2011-048 J. Consider adoption of an ordinance of the City Council of the City of Denton designating a Depository for City Funds for a term beginning June 1, 2011 and ending May 31, 2016; authorizing the City Manager to execute a Depository Services Contract with Wells Fargo Bank, N.A., as the primary depository; authorizing the City Manager and other City employees to transact business with the Depository; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Ordinance No. 2011-049 K. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the purchase of a Two Deck Vibratory Shaker and Eight Station Mobile Process Conveyor System to provide mechanical processing to separate and recycle constriction and demolition waste at the City of Denton Municipal Solid Waste Facility by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4677-Purchase of Two Deck Vibratory Shaker and Eight Station Mobile Process Conveyor System awarded to McCourt and Sons Equipment, Inc. in the amount of $484,700). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes April 5, 2011 Page 17 Resolution No. 2011-008 L. Consider approval of a resolution approving the City of Denton's Strategic Plan; and providing for an effective date. Ordinance No. 2011-050 M. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District for the 2011 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. Approved the minutes listed below. N. Consider approval of the minutes of: February 15, 2011 February 17, 2011 March 1, 2011 March 8, 2011 Ordinance No. 2011-051 0. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 30 of the Denton Code of Ordinances to comply with National Flood Insurance Rate Program; providing for severability; providing for a penalty not to exceed $2,000 for violations of this ordinance; and providing for an effective date. Ordinance No. 2011-052 P. Consider adoption of an ordinance authorizing the City Manager of the City of Denton, Texas ("CITY") to execute for and on behalf of the City an Easement Abandonment Agreement to abandon (i) that certain Public Drainage and Detention Easement, dated August 23, 2000, from Campus Park Denton, Ltd. to the City of Denton, Texas, recorded as County Clerk file number 00-R0088188, Volume 4671, Page 42, Real Property Records of Denton County, Texas; (ii) that certain Limited Easement for the Installation of Water and Sewer Utilities, dated November 11, 1987, from George E. Inman, George E. Inman, Jr., Glen Ray Inman and Jimmie D. Inman to the City of Denton, Texas, recorded as Volume 2356, Page 711, Real Property Records, Denton County, Texas; and (iii) a portion of that certain Public Utility Easement, dated August 17, 2000, from Campus Park Denton, Ltd. to the City of Denton, Texas, recorded as County Clerk File No. 00-R0088189, and Volume 4671, Page 48, Real Property Records of Denton County, Texas, insofar and only insofar as said Public Utility Easement encumbers a 544.46 square foot tract, as more particularly described in the easement abandonment agreement; and declaring an effective date. The Council considered Item H. Ordinance No. 2011-046 H. Consider adoption of an ordinance of the City of Denton, Texas, adding Section 18-36 of the Code of Ordinances relating to vulnerable road users; by creating Section 18-36 to define vulnerable road users and re-affirm the obligation of all operators of motor vehicles to exercise due care in the operation of motor vehicles; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. City of Denton City Council Minutes April 5, 2011 Page 18 Bryan Langley, Chief Financial Officer, stated that the proposed ordinance would increase awareness to protect vulnerable road users such as cyclists, walkers, etc. At the Council direction passing distances of three feet for light vehicles and six feet for large vehicles were added. Staff would come back to Council in 6-12 months for an update. Mayor Burroughs stated that Council wanted to pull the item from the Consent Agenda to increase awareness to citizens and to have motorists pay attention to non-motorized vehicles. It was a goal of Council to encourage alternate transportation including bicycles. Council Member Gregory stated that the idea was to encourage more people to bike and walk and to feel safer when doing that. It was important to know what to do and what to expect when bicyclists were on the road. He asked staff to look at new signage to replace the Share the Road signs to better get the message out. Council Member Gregory motioned, Council Member Watts seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. Mayor Pro Tem Kamp stated that the Economic Development Partnership Board ordinance provided for a three member nominating committee. The prior nominating committee has been Council Member King, Hank Dickinson from the Chamber of Commerce and herself. She suggested Council Member King and herself again on the committee plus either Mr. Dickinson or the new Chamber president. Council Member Gregory motioned, Council Member Engelbrecht seconded to appoint Council Member King, Paul Chandler from the Chamber of Commerce and Mayor Pro Tem Kamp to serve on the nominating committee. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2011-053 B. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $32,100,000 in principal amount of "City of Denton Certificates of Obligation, Series 2011"; authorizing the issuance of the certificates; approving and authorizing instruments and procedures relating to said certificates; and enacting other provisions relating to the subject. Bryan Langley, Chief Financial Office, presented information on Items 5B and 5C. He indicated that staff was recommending a smaller sale of $32 million for the Certificates of Obligation and $10 million for the General Obligation Bonds. On March 1st Council approved the Notice of City of Denton City Council Minutes April 5, 2011 Page 19 Intent in accordance with state law. The lower proposed principal amount was due to market conditions, lower issuance costs, and reflected a change in bond sale type from a negotiated bond sale to a competitive bond sale. Approval of the ordinances in 5B and 5C would approve the bond sale. He detailed the amounts of the projects to be included in the bond sale. Item 5C was recommending $10.8 million to be used for a refunding opportunity for existing utility system revenue bonds. Staff was also asking for $2.25 million for 2005 bond election projects which were approved by the voters. Those components included residential streets, Mack Park projects, North Lakes Park projects and the Goldfield Tennis Center. He noted that Standard and Poor's had given the City an AA rating and Moody's had given the City an AA2 rating. Laura Alexander, First Southwest, presented the results of the bond sale. The General Obligation bonds had 9 bids with the lowest bid from BOSC, Inc. The Certificates of Obligation also had 9 bids with the lowest bid from RBC Capital markets. Council Member Gregory asked how the bond ratings this time compared to last time. Alexander stated that this was an affirmation of the last ratings with no change. Council Member Watts asked about the savings associated with the new refunding procedure. Langley stated that the savings on refunding was to refinance the debt. The first issue was $1.8 million over the life of the debt. Mayor Burroughs asked if the methodology had any impact on the actual acquisition or expenditure being made. Langley replied that it would not affect it. Mayor Burroughs asked how the City's ratings compared to other cities of similar size. Alexander stated that many cities were in the same rating category and that AA was very commendable. Council Member Gregory asked what kind of street projects would be eligible for the bond money. Langley stated new constriction or complete reconstruction of the streets. Speaker Cards were received from Bob Clifton, 1800 Morse Street, who spoke in opposition to both Items 5B and 5C. Council Member King motioned, Council Member Heggins seconded to adopt the ordinances for both 5B and 5C. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes April 5, 2011 Page 20 Ordinance No. 2011-054 C. Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $10,845,000 in principal amount of "City of Denton General Obligation Refunding and Improvement Bonds, Series 2011"; authorizing the issuance of the bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subj ect. This item was discussed with Item 5B. Resolution No. R2011-009 D. Consider approval of a resolution amending Resolution No. R2009-015 to establish a standing committee of the City Council of the City of Denton, Texas to be known as the City Council Airport Committee to advise and assist the City Council regarding City of Denton Municipal Airport Matters; alternatively assigning such duties to an existing City Council committee; and providing for an effective date. Bryan Langley, Chief Financial Officer, presented information on 5D and 5E. He stated that Council had been looking at the governance issue for several months. Item 5D established the Council Airport Committee which would review, consider and make recommendations to the Council on the Airport Business Plan and Airport Master Plan as now written or amended; any Airport infrastructure improvement or other major project impacting the Airport; the acquisition, review and consideration of grant funding for the Airport; contracts and leases of Airport property; long-term financial planning and budgetary issues affecting the Airport; issues raised as a result of interface between citizens, Airport tenants, and other interested parties. Item 5E would rename the current board to the Aviation Safety and Technical Advisory Board. The duties of the board would include advising the Council on matters relating to Airport safety, flight and ground operations, advising the Council on any safety and security issue arising from the creation and development of long-term master plans, and facilitating tenant/stakeholder outreach. Council Member Watts stated that during the Work Session opportunities for duties being proposed to the Council Committee dealt with deciding on a master plan and reviewing and seeking grant funding opportunities. These topics often involved flight operations and ground operations. If those grants would be particular to those issues, the Board would be able to see any of those duties. Langley stated that would be the intent. Mayor Burroughs indicated that there were Speaker Cards for both 5D and 5E. The following individuals spoke on Items 5D and/or 5E: Bob Clifton, 1800 Morse Street, Denton, 76201 - spoke in opposition Rick Woolfolk, 115 W. College, Denton, 76201 - spoke in opposition City of Denton City Council Minutes April 5, 2011 Page 21 Don Smith, 2107 Emerson, Denton, 76209 - spoke in opposition Jeremy Fykes, 3924 Chimney Rock, Denton, 76201 - spoke in opposition Mayor Burroughs asked Mr. Smith which items listed as duties of the Council Airport Committee should the Committee not be reviewing. Smith felt that the Council subcommittee should not review of them, that a specialized committee should do those functions. Council Member King did not have a problem with changing the charge to the current Airport Advisory Board but felt that it would be better to leave it in the hands of the Airport Board and not directly to the subcommittee and then to Council. He was not in favor of the Council Committee. Council Member Heggins stated that she was proud of going out into the community to solicit citizens to serve on boards and commissions. She did not want to see the Airport Advisory Board changed in anyway and wanted to keep it as it was with no changes. She did not see the validity of the council committee. Council Member Watts stated that he had talked with staff extensively about this but one thing that he came back to was public input. Council was the final authority and Council might choose to affirm or go in a different direction from what a committee might recommend. He felt that if an individual had a vested interest at the Airport, he/she should not be involved with the functions of the Airport. If Council was trying to establish the Airport as an enterprise fund, they were not giving the current stricture a fair shot. This was hard to support as he saw no valid reason for support other than a conflict of interest. He suggested keeping the stricture as it currently was and review in six months or so to see how it was working. Council Member Gregory stated that he had heard the Airport Advisory Board say it wanted a higher profile with Council. The Airport Committee would do exactly that as was the Economic Development Partnership Board by coordinating the economic development of the Airport as with the rest of the City. He was comfortable with the recommendations. Mayor Burroughs felt that the concept in previous discussions was to get some Council expertise focused on the enterprise fund to elevate the importance of the Airport. Mayor Pro Tem Kamp stated that at first she did not agree with a Council Committee. Now she thought it would put more eyes and emphasis on the functions of the Airport. There were gray areas to work out but there were still items that Council would have to seek the advice of the Airport Advisory Board. No one on Council would take over the functions of the Airport Advisory Board but there would also be the Economic Development Partnership Board and the Airport Manager to provide input. Council Member Engelbrecht stated that he felt there should be a separate council committee to work with the new enterprise fund. That would provide a closer Council look at the activities especially the business activities of the Airport until Council was comfortable with what was going on at the Airport. City of Denton City Council Minutes April 5, 2011 Page 22 Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to approve the resolution. On roll call vote, Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Council Member King "nay", Council Member Watts "nay", and Council Member Heggins "nay". Motion carried with a 4-3 vote. Ordinance No. 2011-055 E. Consider adoption of an ordinance amending Ordinance No. 97-299 and Section 3-2 of the Code of Ordinances of the City of Denton by renaming the Airport Advisory Board to the Aviation Safety and Technical Advisory Board; assigning the duties of the board, and prescribing an effective date. Mayor Burroughs stated that the primary concern with this item started with concepts dealing with enterprise funds and to establish the Airport as its own agency for marketing and look at competitive measure to take its place with other airports. The goal was that the Airport would be self-sustaining in the future. The second concern was the negotiation of terms and leases at the Airport. As the Airport progressed, the reality was that individuals called on for the Advisory Committee would be people who had an interest in the airport such as planes or businesses there and he felt there was a natural problem for those kinds of people to be voting on lease terms they had to live with or would impose on others. He felt uncomfortable leaving the elements of the bottom part of the matrix in the backup materials for leases and contract terms with the Airport Advisory Board. He suggested removing leases from the function of the Airport Advisory Board and keep the other functions as listed. Council Member King felt that would be a good change and suggested shortening the name to the Airport Enterprise Board. Council Member Engelbrecht suggested retaining the current name of the board but move contracts and leases to the Council Committee. Mayor Burroughs noted that Council was suggesting amending the ordinance to keep the board as the Airport Advisory Board and retain all of the check marks on the matrix in the upper portion and on the bottom portion add the same check marks as the Council committee except for leases and contracts Council Member Engelbrecht motioned, Council Member King seconded to adopt the ordinance with the changes outlined by the Mayor. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. F. Tabled - Continue Council deliberation and consideration of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) for a telecommunications tower on property currently located within an Employment Center Industrial (EC-1) zoning district. The approximately 14.9-acre property is located east of Teasley Lane and south of the DCTA railroad right-of-way. (S 10-0010) The Planning and Zoning Commission recommends approval (6-1). [Public Hearing closed - Council deliberation only] City of Denton City Council Minutes April 5, 2011 Page 23 Mayor Pro Tem Kamp motioned, Council Member Watts seconded to remove the item from the table. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Mark Cunningham, Director of Planning and Development, presented the background information on the item. He stated that there were questions from the Council on the item after closing the public hearing regarding alternative locations and associated costs plus potential impacts on the community and environment. During the Work Session, Council discussed those questions with DCTA plus a adding a requirement as a condition of approval for the planting of vegetation as screen. Mayor Pro Tem Kamp noted that there were questions in the Work Session about a citizens committee to consider the effect of the screening and asked if that could be made a condition for approval of the specific use permit. Cunningham stated that DCTA was organizing a citizens committee to work out additional buffering along the right-of-way such as trees in the future to provide screening. Mayor Burroughs stated that this item was discussed quite a bit in the Work Session. It was a difficult issue because not all of the elements were in control by the city. Some of the elements had to do with DCTA. The City and DCTA were trying to find ways to make sure any alternatives were fully discussed and recognized how important it was to look at all alternatives and the impact of those alternatives. The rail project would provide an alternative to the city that currently did not exist. The last discussion on the project, Council did not get all the information whether all alternatives were explored. Questions were raised at the public hearing concerning interference with electronic devices and this evening Council received detailed information that it was extremely unlikely that would happen and if so, DCTA would be able to filter that out. He questioned if a condition could be placed on the specific use permit to include a filter for interference if it did occur. The residents had also expressed concern regarding a visual problem with the tower. The profile he had seen appeared to be the least offensive of the options. He felt the screening was something that should be made as a condition that the area be screened to all extent possible. A concern was expressed that that there would be health issues from the tower. However, the type of use proposed would not result in a health risk with this type of use. He also noted that a condition could be added that would not allow any other uses of the tower except for DCTA purposes. Mayor Pro Tem Kamp stated that she had been going over the list that the neighborhood had brought up about safety, interference and health which the Mayor had covered. The only other item she would want to emphasize would be the screening and with the grant that DCTA received she knew DCTA would do whatever it could do in that area plus involve the neighborhood in the decisions. Mayor Burroughs asked if DCTA was comfortable with the suggested conditions to be added to the specific use permit, if approved. City of Denton City Council Minutes April 5, 2011 Page 24 Witt replied that in terms of the screening, staff would have the committee formed soon and was fine with the screening condition. The time frame for screening was that it would not be done before the tower was up. Mayor Burroughs asked if the time frame would be approximately 12-18 months to get through the design process and bid process for the screening grant. Witt thought 18 months might be a better estimate. Witt stated that DCTA was comfortable with nothing else on the tower and only being restricted to DCTA. Mayor Burroughs asked about the filter should there be any electrical interference. Witt stated that if proof was provided that the tower was interfering with any channels, DCTA would put on the screen. He felt that satellite and cable reception would not be affected but there might be the possibility with rabbit ears and roof top antennas. Council Member Watts asked if the tower as proposed was approve, how long it would take to constrict. Ron Menguita, Development Review Liaison, stated that plans were already submitted with the request for a specific use permit. Council Member Watts asked if the tower was approved as proposed, would the target date of June 20th still be solid. Witt replied correct that it would take 30-45 days to constrict considering the weather. Council Member Gregory stated that he felt more comfortable with issue after the discussion with proposed conditions on the specific use permit. He was not sure about the burden of proof on the people in the neighborhood if they were having interference problems. He would like to see monitoring by DCTA the first 6 months the tower would be in operation and responding to any complaints. Mayor Burroughs asked how that would be done. Council Member Gregory felt that a condition could be added to the specific use permit for six months of monitoring. Witt stated that they could monitor the situation but that burden of proof was hard to get at because there were times when satellite was not good with storms, cable periodically had problems and there was a need to keep a focus on where the problem was to make sure it was a DCTA event. Council Member Gregory asked about installing the filter in the beginning as a preventative measure. City of Denton City Council Minutes April 5, 2011 Page 25 Ray Trott, Trott Communications, felt that there needed to be interference first but that it was very unlikely there would be any problems. Mayor Burroughs suggested that a condition could be added that DCTA would evaluate citizen complaints over the first 6 months of operation, staff would forward any concerns received to DCTA to evaluate in terms of any potential problems with the tower and at the end of that time, DCTA would provide a report to Council and take corrective measure if it was determined that DCTA caused the problem. Witt stated that he could accept that condition. Council Member Engelbrecht stated that at the Work Session there had been some discussion about screening along Kerley Street but asked about masonry strictures. He had also asked about additional large trees to plant on DCTA property south of the tracks to provide additional screening for the tower. It was his understanding that there would be a masonry stricture in addition to the screening. Witt replied that the masonry strictures might be eligible under the grant provision but that no decision would be made at this time as DCTA wanted comments from citizens. Council Member Heggins asked for an explanation if there was a breakdown of the tower in Denton what would happen in Lewisville. Witt stated that the system was a redundant or backup type of system to help communicate with the trains. If both towers went down the trains could not be run as it would not be safe. Both towers gave complete safety of the system. Council Member King asked how the tower would fall if there was a failure. Witt stated that it would crimple onto itself. It would not fall straight down. Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance with the following conditions: (1) existing landscaping screening between the property and the Kerley Street neighborhood would be maintained, (2) any citizen complaints relative to electronic interference would be reviewed for six months after the tower was fully operational and if interference was from the tower corrective measures would be taken, (3) a vegetative and/or masonry screening would be provided for within 18 months after the effective date of the ordinance with appropriate citizen input, (4) only large trees would be used in the vegetative screening and (4) no other users would be allowed on the tower. City Manager Campbell stated that in order to avoid a proliferation of towers, another public use of the tower might be appropriate. If so, the ordinance would have to be amended to allow for that circumstance. Mayor Burroughs stated that he was in favor of only DCTA using the tower at this point in time. City of Denton City Council Minutes April 5, 2011 Page 26 Council Member Heggins stated that she was in favor of the train to have it running, especially with gas at price it was and could make good use of the train. She was favor of the train but against the tower in the area. Council Member Engelbrecht stated that he had spoken with the residents in the area and appreciated their comments and discussions. He stated that he would support the motion. There was a cell tower in his neighborhood with many signal devices on it with no interference. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Council Member Heggins "nay". Motion carried with a 6-1 vote. 6. PUBLIC HEARINGS A. Hold the first of two public hearings to consider the voluntary annexation and Service Plan of approximately 1.148 acres of land in accordance with Chapter 43 of the Texas Local Government Code. The property is appraised for ad valorem tax purposes as land for agricultural use and is located on the west side of Country Club Road, just north of the Education Center at Denton. (All-0001, Burch Property Annexation) Mark Cunningham, Director of Planning and Development, stated that this was a request for the voluntary annexation of 1.15 acres. The property was part of DH-5 which was annexed last year with an exemption for a three year non-annexation plan. The majority of the property was in that non-annexation agreement except for a small area which was developed as a parking lot for an existing school. Staff was not recommending a full annexation of all of the property but rather just the parking lot area which was a surface use agreement which was already in effect during non-annexation agreement procedures. The associated Service Plan would be the same plan that was used for all the other properties that were annexed. The Planning and Zoning Commission recommended approval as well as the Development Review Committee. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. No action was required by Council on this item at this time. 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Robert Donnelly regarding the Mayhill Road expansion project. City of Denton City Council Minutes April 5, 2011 Page 27 Mr. Donnelly spoke regarding the Mayhill road expansion project. He was in negotiations with the City for temporary access to his property and felt there was some confusion regarding the negotiations. One issue was the wording to indemnify and hold harmless which he had told the City he could not do that. He asked to know where the City was in the process and issues concerning access. 2. Hatice Salih regarding petition to repeal Ordinance 2010-292. Ms. Salih felt that the petition she and others had presented was not flawed and that it was refused by the City Secretary and ignored by the City Manager and City Attorney. This was her fourth request for a need to resolve the ordinance. The Property Maintenance Code conditions coupled with the late fee was onerous. While the right-of-entry might have been on the books for a very long time, there was something new in terms of owner refusal and city recourse. 3. Carolyn Phillips regarding ordinance petition drive. Ms. Phillips stated she would like a resolution to the problem. The petitioners did not receive any response from the City Manager's Office when they had presented detailed concerns and that was unacceptable. They deserved to have been heard. She felt the petition was certifiable, that it was an initiative petition and that laws were not followed. She still had questions about the petition and needed answers. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Gregory requested a work session regarding Phase Two of the gas well drilling ordinance so that some of the work could be done when the legislative session was completed. Council Member Watts asked for information concerning the right-of-entry agreement sent to Mr. Donnelly. City of Denton City Council Minutes April 5, 2011 Page 28 Council Member Watts asked for a property maintenance code work session to discuss different members on the committee. Council Member Watts asked that staff verify that the DCTA tower would not be in violation of any federal regulations. Council Member Watts requested a report about the requested meeting concerning the referendum petition. Council Member Watts asked for the origin of the wording in the ordinance regarding "remedies at law". B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Items. With no further business, the meeting was adjourned at 10:10 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Utility Administration ICM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the city of Denton, Texas authorizing and approving a second extension to the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for the provision of sanitary sewer and water facilities" entered into by the parties on the 5th day of June, 2007; providing the City Manager with authority to perform said second extension and to expend funds as necessary; providing an effective date. BACKGROUND Denton 288 L.P., a Texas Limited Partnership acquired approximately 2121 acres of land (Hills of Denton) that spans from north of Loop 288 along Locust Street to about a 1000 feet south of Milam Road along the eastern boundary, and extends to Bonnie Brae Street along the western boundary of the property (Map-Exhibit 1). The subject property was voluntarily annexed by the City. As a necessary component of the zoning approval, the developer worked with the Water department staff on developing an agreement for the provision of sanitary sewer and water facilities (Exhibit 2-Agreement) for serving the proposed development. This Agreement was approved by the PUB and the City Council in 2007. A first extension to the Agreement was approved by Ordinance No. 2009-095 by the City Council on the 21st day of April, 2009. Since April 21, 2009 the circumstances have materially changed, as the "Hills of Denton" formerly owned by Denton 288 L.P., a Texas Limited Partnership filed a Chapter 11 Bankruptcy in the Northern District of Texas, Dallas Division, being Case No. 10-33213, and an Order was entered by the Bankruptcy Court on October 8, 2010 entitled "Agreed Order Lifting the Automatic Stay as to Compass Bank and Resolving All Remaining Issues in the Bankruptcy Case." As a result, a non judicial foreclosure sale was conducted in Denton County, Texas on the 7th day of December, 2010; Compass Bank, an Alabama State Banking Corporation and successor-in-interest to Texas State Bank was the successful bidder for the property described in both the Agreement and the First Extension. Compass Bank has recently requested that the City of Denton, Texas further extend the Agreement for an additional period of two years, from June 5, 2011 until June 5, 2013 (Exhibit 3). Compass Bank states that it is making its best efforts to sell the real property to a qualified developer and this Agreement is of value to a future developer. The components of the sanitary sewer and water facilities required to serve the development, and the responsibilities of the developer and the city to facilitate the services as included in the Agreement are described below: Wastewater Service: The wastewater infrastructure in the Clear/Milam Creek basins is proposed to be constricted in two phases (Exhibit 1). The Phase I project which is the responsibility of the Developer, includes constriction of the 30-inch interceptor sewer from Locust Street up to the proposed 1.8 million gallons per day (mgd) Interim Milam Creek Lift Station, constriction of the 1.8 mgd lift station and approximately 8,500 feet of force main to discharge wastewater from the lift station to south of Loop 288 into the existing City of Denton wastewater collection system. The Phase 11 project which is the responsibility of the City, includes constriction of the remaining Clear/Milam Creek Interceptor sewer up to the terminus at the Clear Creek Water Reclamation Plant, and the constriction of the water reclamation plant. To provide wastewater service to the Hills of Denton, the Agreement (Exhibit 2) includes the following: • Developer's project will include the survey, design and constriction of the entire Phase I project as described above. • City will procure the off-site permanent and temporary constriction easements for the constriction of the Phase I project. • As the Phase I project is put into service and begins to reach its capacity, City will commence constriction of the Phase II project. • City will provide uninterrupted wastewater service to the Hills of Denton during the constriction of the Phase 11 project. • The total financial obligation of the developer to secure wastewater service for the entire development will be to constrict the Phase I project as described above. • In addition to the constriction of the Phase I project, developer will prepare a wastewater master plan for the development that also includes the wastewater flows from the off-site contributing sewershed, to allow for oversizing of any wastewater lines within the development. Oversize cost will be paid for by the city upon PUB and Council approval. • No impact fee credits will be granted to the developer for constriction of the Phase I proj ect. • Agreement is valid for two years from the Agreement execution date. Water Service • Water supply to the development is available from the existing 36-inch transmission pipeline along the north side of Loop 288. • Four existing stub-outs in the 36-inch pipeline are available for extending water mains to the development at developer's cost. • Existing 12-inch waterline on Milam Road is also available for additional capacity. • Water service from the 36-inch pipeline will provide adequate pressures up to 712 feet elevation. Property within the development above 712 feet elevation may be regraded, or will need a separate pressure plane, or may be used for purposes not requiring city water service. • Developer shall perform a water distribution system analysis, and prepare a water master plan for the ultimate build condition of the development. All off-site water line extensions are subject to consideration for oversize. For water service to the development, all expenditures are the responsibility of the developer. No city funds except for any oversize of water lines as approved by the PUB and the City Council will be spent. Since the approval of the Agreement the Developer had submitted the final design drawings of the 30-inch sewer, the 1.8 mgd lift station, and the force main. The final drawings for the 30-inch interceptor and the lift station were approved for constriction. The force main drawings currently have some outstanding DRC comments. Staff is not opposed to the request for extension of the Agreement. RECOMMENDATION Staff recommends approval of the 2-year extension of the Agreement for the provision of Sanitary Sewer and Water Facilities pertaining to the Hills of Denton. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB: August 19, 2002, City Council: September 3, 2002 - Approved the staff recommendation to design a conventional plant in the Clear Creels Basin PUB: October 21, 2002, City Council: November 5, 2002 - Approved the Professional services Agreements for design of Clear Creek Interceptor Sewer and Water Reclamation Plant PUB: December 13, 2004 - Update on status of Clear Creek Interceptor Sewer and Water Reclamation Plant PUB: February 14, 2005 - Recommended Option for wastewater service in the Clear/Milam Creek Basin PUB: June 13, 2005 - Recommended approval of Professional Services Agreement with United States Right of Way Acquisition Company, Inc. for easement acquisition. PUB: May 30, 2007 - Recommended approval of the Agreement for the provision of Sanitary Sewer and Water Facilities pertaining to the Hills of Denton City Council: June7, 2007 - Recommended approval of the Agreement for the provision of Sanitary Sewer and Water Facilities pertaining to the Hills of Denton City Council: April 21, 2009 - Approved the First Extension to the Agreement FISCAL INFORMATION The constriction of the Phase 1 project for wastewater, and extension of all water lines to serve the proposed development is the Developer's responsibility. EXHIBITS 1. Hills of Denton Property & Clear/Milam Creek Phase I & II Projects 2. Sanitary Sewer & Water Facilities Agreement 3. Agreement extension letter from Compass Bank 4. Ordinance 5. Second Extension to Agreement Respectfully submitted: Jim Coulter Director of Water/Wastewater Utilities Prepared by: P. S. Arora, P.E. Assistant Director of Wastewater Utilities EXHIBIT 1 ILLUSTRATION F THE OFF-SITE SEVER FACILITIES t ~ i I u~ y~ 4 HILL F C?EhT! F °EF ~ ~ I PROPOSE EAR CREEK PC EF OR L- PF -r-SE CLEAR C E 4y4':4TE" ~ I RECLA ATo€a[~PLANT I r` I - = ED L1 F7 STATION i L!i 4E I u~ r ALE R:-::;:EEC RECL ~f =N A--2:j PLANT F -r . I _ 99 I r ~ J.. 4 EXHIBIT 1 AON& c. inch, CcI_I,_$!`_ ~I. ~,_II_li_I I,r-sl ORDINANCE NO.2007_ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISIONS OF SANITARY SEWER AND WATER FACILITIES PERTAINING TO THE HILLS OF DENTON, A DEVELOPMENT LOCATED IN THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas and Denton 288, L.P., a Texas Limited Partnership have entered into an Agreement providing for the mutual costs and responsibilities of the parties regarding the mutual obligations of the parties regarding the furnishing of sewer and water facilities in a certain approximate 2121 acre tract of land, within the City of Denton, commonly known as the "Hills of Denton:" and WHEREAS, the City believes that the Agreement is in the best interests of the City and provides for the, measured water and sewer growth of a new development north of Denton, and that a valid governmental purpose is served by said Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Mayor, or in his absence, the Mayor Pro-Tern, is hereby authorized to execute, on behalf of the City Council of the City of Denton, Texas, the "Agreement by and Between the City of Denton, Texas and Denton 288 L.P. For the Provision of Sanitary Sewer and water Facilities," which Agreement is attached hereto as Exhibit "A" and incorporated by reference herein. SECTION 2. The City Manager shall have the authority to expend funds as are necessary to perform this Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the-,,7 'day , 2047.. RR . McNEILL, MAYOR S:\Our Documents\0rdinanees\07\Sewer and Water Agreement-Hills of Denton Project-2007.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By. Page 2 of 2 THE STATE OF TEXAS COUNTY OF DENTON § AGREEMENT BY AND BETWEEN THE CITY OF'DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISION OF SANITARY SEWER AND WATER FACILITIES T [S AGREEMENT (the "Agreement") is made and entered into on the day of 2007 by and between Denton 288, L.P., a Texas limited partnership (the "Develo er") and the City of Denton, Texas, a municipal corporation and a home-rule municipality (the "City"), located in Denton County, Texas. RECITALS: WHEREAS, the Developer is the owner and developer of the "Hills of Denton," which is a development located in the City, that contains approximately 2121 acres of land, and is more particularly described in Exhibit` "A" which is attached hereto and incorporated herewith by reference (the "Development"); and WHEREAS, certain off-site sanitary sewer facilities need to be constructed in order to meet the demands` projected to be created by the Development; and WHEREAS, in addition, the City desires to construct sanitary sewer facilities to meet the needs of the City, which are above and beyond the needs projected to be created by the Development; and WHEREAS, certain off-site connections to the City's water distribution facilities need to be constructed by the Developer, at the Developer's cost to provide potable water service to the Development; and WHEREAS, the City and the Developer have entered into this Agreement to set forth the terms,' conditions, and provisions under which the proposed sanitary sewer facilities and the proposed water distribution facilities will be constructed and paid for; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and the mutual promises and undertakings by the parties hereto, the sufficiency of which consideration is hereby acknowledged, the parties hereby AGREE as follows: 1. Description of Sewer Facilities. The sanitary sewer facilities provided for - in this Agreement (the "Sewer Facilities") are described as follows: A. The oft=site Sewer Facilities to provide' wastewater service to the Development and to the Milani/Clear Creek Sewer Basins will be constructed in two phases, as depicted in Exhibit "B" which is attached hereto and incorporated herewith by reference. 48683 B. The "C'hase` l" project will include construction of the 30-inch off-site sewer line from the Development` up to the proximity of the proposed 1.8 million gallons per day (mgd) Interim Milam Creek Lift Station (IMCLS), a 15 or 18-inch sewer line connection from the 30-inch- sewer line to the IMCLS to carry 1.8 mgd flow, and the construction of the IMCLS' and approximately 8,500 feet of 8-inch force main from the IMCLS to south of Loop 288, to discharge wastewater into the City's existing wastewater collection system along Stuart Road. C. The Phase 11 project will include construction of the sanitary sewer line extending from the IMCLS to the Clear Creek Water Reclamation Plant ("CCWRP") site, the line's destination, and construction of the CCWRP. During the construction of the Phase II project, City wastewater service to the Development will be maintained, without interruption, for all phases of construction in the Development. 2. Developer's Construction Project. Developer is responsible for the survey, design and construction of the entire off-site "Phase I" project (see definition of "Phase I" project in Section I.B. above). Also, the Developer is responsible for the design, easement acquisition and construction of all on-site sanitary sewer facilities needed to serve the wastewater needs of the Development. The City agrees to grant access to the Developer, its successors and assigns, and their respective employees, contractors, subcontractors and agents, upon any property, easements, or rights-of-way owned by the City in which any of the on-site or off-site sanitary sewer facilities are intended to be located. The City shall review all requests for easements and rights-of-way to assess whether any feasible alternatives to condemnation exist. Any and all reasonable costs and expenses associated with obtaining such on site easements or rights-of-way, including but not limited to land acquisition costs, reasonable attorneys' fees, reasonable engineering fees and other reasonably foreseeable costs, shall be the sole responsibility of the Developer to the extent Developer specifically requests the assistance of the City in writing in connection therewith. A. The Developer at Developer's sole cost shall submit to the City a sewer master plan that reflects the wastewater needs of the Development per the zoning for the Development that is approved by the City. In addition the sewer master plan shall include all existing or projected wastewater flows from upstream off-site areas that drain through the Development. B. The sewer master plan shall comply with the latest edition of the City of Denton Water/Wastewater Design Criteria Manual, which is incorporated herewith and made a part of this Agreement by reference. The sewer master plan submittal and review will be required during the general development and preliminary plat process. C. Any oversize of on-site sewer lines required to accommodate wastewater flows from contributing off-site areas will be paid for by the City, in compliance with the current subdivision and development code requirements of the City. The parties hereto understand that oversize participation agreements are subject to the approval by the Denton City Council, alter the City Council receives a recommendation from the City of Denton Public Utilities Board. D. Developer understands that the City charges impact fees for all new or expanded water and sewer connections to the City water/wastewater system. Developer's costs related to survey, design and construction of the "Phase l" project do not represent any credit against the impact 48683 2 fees due and owing to the City. Impact fees are assessed for all connections to the City water/wastewater system based upon the rate schedule that is in effect at the date that the plat of the Development is accepted by the City. Impact fees will be collected at the time a building permit is obtained; or if a building permit is not required, they are collected at the time an application is filed for a new connection to the City's water or wastewater system. Developer also understands that it shall also receive no credit against any meter connection fees due to the City. C. The City and Developer agree that if Developer does not complete the construction of the "Phase I" project by the second anniversary of the execution of this Agreement; that the City may elect to terminate this Agreement without any liability therefore; or in the alternative, the City may elect to offer an amendment to this Agreement, but is not required to offer said amendment to Agreement, for Developer's consideration. F. The Developer will not be responsible for payment of any cost share in the survey, design, construction, and easement costs for the Phase II project. The survey, design and construction of the "Phase i" project will be the only obligation of the Developer for off-site sewer construction to obtain wastewater service for the entire Development. 3. City's Construction Project. The City is responsible for the off-site easement acquisition for the "Phase l" project. and for the survey, design, easement acquisition and construction of the entire Phase 11 project as shown in Exhibit "'B." A. As wastewater flows reach the capacity of the IMCLS described in Section I.B. above, the City will commence the construction of the "Phase 11" project, which will at that time include the sanitary sewer line extending from the IMCLS to the Clear Creek Water Reclamation Plant ("CCWRP") site, the line's destination, and the City will at that time construct the CCWRP. During the construction of the Phase If project, City wastewater service to the Development will be maintained, without interruption, for all phases of construction in the Development. B. The City will provide for adequate wastewater capacity in the off-site Sewer Facilities for all phases of construction in the Development in accordance with the zoning that is approved by the City. 4. Descriptionof Water Facilities. Water supply for the Development is available from the existing thirty-six (36'') inch transmission pipeline located to the south of the Development along the north side of Loop 288. The City prefers that connections to the pipeline come from only four (4) existing pipeline stub-outs located at: 1. The northwest corner of Loop 288 and Locust Street (FM 2164) (16-inch) 2. Approximately 3,200 feet west of the above location along the north side of Loop 288 (12-inch). 3. & 4. Approximately an additional `1,800 feet west of the immediately previous location along the north side of Loop 288 near the northeast corner of the UNT Research Campus (two connection points, 12-inch and 16-inch) 48683 3 In addition there is an existing 12-inch waterline located on Milam Road - (FM 3163) approximately 2,750 feet east of 1H=35, available for extension along Milam Road to provide additional capacity and service to the northern section of the proposed development. A. Water service from the thirty-six inch (36") transmission pipeline will provide adequate service pressures for the Development at a water service elevation of no more than 712 ft MSL, in accordance with current Texas Commission on Environmental quality (TCEQ) regulations. It is recommended to the Developer by the City that any properties within the Development that are in excess of this elevation be served by a separate pressure plane system or be re-graded to an elevation lower than 712 ft MSL. B. Current City subdivision regulations require the Developer to design and to install booster pump stations that are not part of a city-wide pressure plane system. Based upon a preliminary review of the topographic elevations of the Development, there is only one (l) location that may have difficulty with meeting this criterion. Acceptable alternative options for this area include: I . Re-grading the area to lower the hill to an elevation of less than 712 R MSL. 2.i Providing a booster pump station and pressure plane acceptable to City standards. The City may elect to "require that this system be privately owned and operated, depending upon the factual situation. 3. Consider park space, open space or other land uses that for this area that will not require City water service. C. The Developer, at Developer's, sole cost will be required to perform a water distribution' system analysis and master plan for the Development to identify the necessary water system improvements needed to serve the Development under a build out condition. D. The City will provide suitable hydraulic information for the existing transmission pipeline system for the Developer's engineering; consultant to use for boundary conditions for their distribution model. If the Developer prefers, the City will make arrangements for an engineering firm to perform this engineering analysis; however the Developer understands that this engineering analysis would be solely at the Developer's cost and expense. E. It is anticipated that the Development will require a minimum of three, and a maximum of four off=site connections from the Loop 288 water transmission system, to serve the build out condition for this Development. The waterline along Milam Road will provide an additional supply. The overall density of the project, the land uses and fire protection requirements; the phasing of the Development; and the sizes and timing of the off=site waterlines will have a bearing on the number of connections required' and their required size. F. All waterline extensions shall be 'designed under current City subdivision and development code and design criteria manual requirements. The analysis and review will be required during the general development and the preliminary plat process. G. All off-site water 'line extensions will be subject to consideration for oversize participation agreements by the City in accordance with current City subdivision and 48683 4 development code requirements. Oversize; participation agreements are subject, however, to approval by the Denton City Council after receiving 'a recommendation from the City of Denton Public Utilities Board. H. The Developer may elect to request a pro-rata agreement from the City for any off-.site water improvements in accordance with current City , subdivision and development code requirements. Pro-rata agreements are subject to approval by the Denton City Council after receiving a recommendation from the City of Denton Public Utilities Board. 1. All waterlines in the Development shall be installed within dedicated City street right-of- ways or within public utility easements, as are approved by the Director of the City's Water Utilities Department. Extensions of waterlines along Locust Street (FM 2164) and Milam Road (FM 3163) will require a public utility easement of a minimum width of twenty (20') feet, located adjacent to the future right-of-way dedication for FM 2164. The Developer expressly recognizes and understands that the location of waterlines within the FM 2164 Highway right-of- way will not be approved by the City. 5. Design of Public Improvements, Approval of Plans and Specifications. All public improvements associated with the Developer's construction project and the City's construction project (hereafter the "Public improvements") shall be designed and constructed in accordance with the City's standard specifications for public works construction; which specifications are incorporated herewith by reference. A. Construction for the Developer's construction project shall not commence until the Developer and its contractor enter into the City's' standard three-way public works contract between the City and the Developer, and its contractor (the "Three-Way Agreement"); and a performance bond in. the amount required; a payment bond;, and required: insurance certificates are delivered to the City, in the form and substance required by the City. 6. Notices. Any notice, demand or other communication; required or permitted to be delivered hereunder (other than 'invoices to be delivered as hereinafter described) shall be deemed` received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to each respective party, or sent via facsimile to the fax number set forth for each party at the time indicated on the confirmation of transmission generated by the sender's electronic equipment,; as follows: If to the Citv: With a copy to. City of Denton, Texas City of Denton, Texas 215 East McKinney Street 215 East McKinney Street Denton, Texas 76201 Denton, Texas 76201 Attention: Howard Martin Attention: Jim Coulter Assistant City Manager/Utilities Director of Water Utilities Fax No.: (940) 349-81`20 Fax No.: (940) 349-8120 48683 5 If to the Developer: With copies to: Denton 288 L.P. C/O Tomlin Investments, Ltd. Tomlin Investments, Ltd. 4265 Kellway Circle 4265_Kellway Circle Addison, Texas 75001 Addison, Texas 75001 Attention: Dan Tomlin, III, President Attention: Rod Zielke, Partner Fax No.: (972)788-4247 Fax No. (972) 788-4247 The parties hereto may change their respective notice addresses for all communications and invoices, by _a written notice delivered to the other party, in accordance with the terms of this Section 6. 7. Time is of the Essence. Time is of the essence in the performance of obligations under this Agreement. 8. Governinu Law and Regulatory Authority. This Agreement was executed in the State of Texas and shall be governed by, construed, interpreted, and enforced all in accordance with the laws of the State of Texas. All obligations of the parties created under this Agreement are fully performable in Denton County, Texas. The parties agree that exclusive venue for any lawsuit enforcing or interpreting any of the rights and obligations, or for any other cause of action arising under this Agreement, shall be a court of competent jurisdiction in Denton County, Texas. 9. Entire of Agreement. This Agreement constitutes the sole and entire agreement and understanding between the City and the Developer. Neither party hereto is bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature, whether written or oral, with regard to the subject matter hereof not set forth or provided or herein. This Agreement replaces all prior agreements and undertakings between the parties hereto with regard to the subject matter hereof. It is expressly agreed that the Parties may have other agreements 'covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 10. Force"Majeure. The City and the Developer shall not be in default or otherwise liable for any delay in, or failure of performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by another third party or such other third party's employees, or agents. However, the lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement. 11. Severability. If any term or provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each illegal, invalid or unenforceable term or provision there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or unenforceable. 48683 6 12. Attorne 's Fees. Should either Party to this Agreement commence legal proceedings against the other to enforce the terms and provisions of this Agreement, the Party who does not substantially prevail in the proceeding(s) shall pay a reasonable amount of attorney's fees and expenses (including, but not limited to expert witness fees and deposition expenses) incurred by the substantially prevailing Party. 13. Amendment. This Agreement may be amended only upon the mutual agreement of both of the Parties hereto, which amendment shall not be effective until it is reduced to writing and authorized and executed by the Parties. 14. Assignability. The City and the Developer agree that this Agreement may not be assigned without the prior written consent of the other party due to the special covenants, nature, and subject matter of this, Agreement; provided, however, Developer shall have the option to assign this Agreement or any part of this Agreement or any right, title or interest of Developer under this agreement to a' (a) any person or entity (Developer Assignee"); provided that the creditworthiness of the proposed Developer Assignee is equal to or greater than that of the Developer; or (b) any lender providing refinancing for the acquisition and/or development of the Development in whole or in part, upon the written consent of the City provided: (a) The assignment is in writing, executed by Developer and the Developer Assignee following the advance written consent of the City; and (b) The assignment incorporates this Agreement by ` reference and fully `binds the Developer- Assignee to perform (to the extent of the obligations assigned) in accordance with this Agreement; and (c) A copy of the executed assignment is provided to all parties. From and after the effective date of any assignment by the Developer, the City agrees to look solely to the Developer Assignee for the performance of the obligations assigned, 'provided, however, no assignment by Developer shall release Developer from any liability to the City that arose from an event of default by Developer (or from any -failure by Developer which, if not cured, would constitute an event of default) that occurred prior to the 'effective date of the assignment. Each Developer assignee shall become a party to this -Agreement when a copy of the executed assignment has been provided to all of the parties. 15. No Waiver. The failure of he City or the Developer to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of any term of this Agreement shall` be deemed or construed to constitute a' waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. 16. No Third-Party Beneficiaries This Agreement is not intended to, and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties hereto and their pennitted successors- in-interest; and the obligations herein undertaken and assumed are solely for the use and benefit 48683 of the Parties, their successors-in-interest, and any permitted assigns pursuant to the, terms and provisions of this Agreement. 17. Paragraph Headings and Construction of Agreement. The descriptive headings of the various articles' and sections of this Agreement have been inserted for the convenience of reference only, and are to be afforded no significance in the interpretation or construction of this Agreement. Both Parties hereto have participated in the negotiation and preparation of this Agreement, which shall not be construed either more or less strongly against or for either Party. 18. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. 19. Exhibits. All Exhibits to this Agreement are incorporated herewith by reference for all purposes, wherever reference is made to the same. 20. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. 21. Multiple Counterparts. This Agreement may be executed in four (4) original counterparts, each of which is deemed an original, but all of which constitute but one and the same instrument 22. Authority. The City represents that this agreement has been approved and duly adopted by the City Council of the City in accordance with all applicable public meetings and public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that that the individual executing this Agreement on behalf of the City has been authorized to do so. Developer` represents that this Agreement has been approved by appropriate action of Developer and that the 'individuals executing this Agreement on behalf of Developer have been authorized to do so. SIGNATURE PAGE IMMEDIATELY FOLLOWS THIS PAGE 48683 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be vigned by their respective duly-authorized officials and officers on this the day of 2007: "CITY" THE CITY OF DENTON, TEXAS A Texas Municipal Corporation By: GEO GE C. CAM BELL City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: "DEVELOPER" Denton 288, Ltd: By:Denton 2 P, C, A Texas ' it liabil y company, Its Ge ral P ner B Name dern Manager 48683 9 ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF DENTON This instrument was acknowledged before me, on this day of fd~~ , 2007, by George C. Campbell, City Manager of the City of Denton, Texe a Municipal Corporation, on behalf of the same. L.S. JANE E. RICHARDSON N tary Public in and for the State of Texas 'RRI /6,r !I.% Notary Public. State of Texas My Commission Expires ~f'e11; June 27, 2004 STATE OF TEXAS COUNTY OF DALLAS § t-his instrument was ackn wled ed before me, the undersigned authority on this 04 1 day of , 2007, by~~, o nd 6n) , the Manager of DENTON 288 GP, LLC., a Tex J% limited partnership, acting on behalf of DENTON 288 L.P. [L.S] 91mik N ary Public an for he State of Texas EMILY REYNOLDS Notary Public, State of Texas My Commission Expires Janucry 26, 20] 1 11 S tOiu DocumentslContracts\07t1•1i11s orDentun-Sewer & Water Facilities-Agreement-2UP-MSC Drug 04M7.doc 48683 10 EXHIBIT "A,, LEGAL DESCRIPTION OF THE DEVELOPMENT [,EGA), DESCRIPTION All that certain. tract of land situated in the Morris May Survey, Abstract Number 807, the ..I. S. Collard -Survey, Abstract Number 297, the Alexander White Survey, .Abstract' Number 1406; and the Victor Gailor Survey Abstract Number 452,'Denton County, Texas and. being all of the called 299.738 acre tract described in the deed from Nairn/Oates & 'Galloway, Inc. to Larry E.'Kuhlken et `ux 'recorded in Volume 1312,.Page 146 of the Real Property Records of Denton- County, Texas, part of the called 384.521 acre tract described in the Deed frorri Amwest Savings Association to Lawrence E." Kuhlken et ux recorded in Volume 3134, Page 537, of the said Real Property Records, and all of the called 64.871 acres described in the Deed from Elsie L. Cole to Larry E. Kuhlken et ux, recorded in Volume.2360, Page 633 of the Real Property.Records; `the subject tract being more particularly described as follows: BEGINNING for the-Southeast- corner of the tract being described herein at a 5/8 inch .iron: rod found at the Southeast corner of the..299.738 acre tract' and the Northeast cornea of the called 1 10.257' acre tract described in the Deed from Teri. Taylor Companies, Inc. to Vandalar Partners recorded under Clerk's File Number- .93-00944.97 on.-the South line of the Victor E. Gailor Survey, Abstract Number 452 and the West right-of-way:line•of FM Highway 2164; THENCE North 88 degrees 42 minutes 41 seconds West generally, along an established fence line -with the South line of the 299.738 acre tract a distance of 4851.39 feet to a ;%z ;inch iron rod .found at a fence corner post in an abandoned road; THENCE North 01 degrees 12 minutes 24 seconds East generally along an established fence .line in the old road. with the West line of the.299.738 acre tract a distance of 1186.17 feet to a'/2 inch' iron rod found at a fence corner post at the reentrant corner thereof; THENCE North 88 degrees 22 minutes 51 seconds West, a distance of 1733.23 `feet to a fence corner postat.the Southwest corner of the 299.738 acre tract;.. 'T'HENCE North 88 degrees 28 minutes 53 seconds West generally along an established fence line with the South line of the (A.871 acre tract,.a distance of 596.11 feet to a 1A inch iron rod found at an angle point therein; THENCE North 89 degrees 09 minutes 15 seconds West continuing with the South .line of the 64.87.1 acre tract a distance of 1092.40 feet. to a -'/Z inch iron rod found with a yellow plastic cap hereinafter referred `to-as a !/z inch iron rod found; THENCE South 70 degrees 01 minutes 42.seconds West'a distance of1 10.83 feet to a '/z: inch iron rod found; 'THENCE North 88 degrees 49 minutes.03' seconds- West a distance of 685.29.fect to a Y2 inch iron rod found; THENCE North 01 degrees 51 minutes 27:seconds East a distance of 39.81 feet to a. '/2 inch iron rod` found; Legal Description Page 1 .6.&Stance riT.'624.6-1- feet to.a'!/.inch iron: THENCE Souih -89; degrees, 30 minutes32 seconds East . rod found; 'Tl-lENCF-North 01 dedrees:00 minutes 50 seconds East: generally-along an established fence line with the West line of the 64.8;71 acre tract°a distance of :1764:26 feet to.a.dross-tie fence comer }post at the Northeast corner 6f'the. called :44.823 ,acres described ;in the.Deed' from Emil '•M Schwartz to. Ruby Finch recorded.in Volumc•497, 11age 547•.of the Real Prof erty.Records and the "lost Southerly. Southeast corner of ihc.called 72.769'acres described in.the. Deed from Richicr, *w1 n, Delancy ct ux to Thomas K:.l ulton et ux recorded in.'Volunie:830; Page373'df'the :Real Property Records; Tl4F..NCL North,00 dcj;rce09.*minutes:51' seconds:Easi generally-alongah.'establislied fence1ine with the West•lifie of, the 64:871 acre tracf4i distance of 1-40.82 feet-to a•*fence. comer vQ0-at.the Northwest corner thereof; THENCE Souifi 88 degrees-l0' niniites,37 seconds Eakgencrally.,along an-cstablished..'fencc line • wiih the Ndrtl line of Iltie .64:87.1 • acre .tract and- the'South; line of,thc 72-.369 acre. tract a:distance., of 1089.99* feet to: a'/z inch iron.r6d fpund'at:a fence:corher.,atAhe-Southeast corner ihereof,:thi: Northeast corner, of'the 64:871 here tract:and:an anglc Point ort•tlie,W. stline:of'the,384:52.1 acre'. tract: THENCE Nortit 00 degrees 58 minutes' 16 ;seconds I-ast, along a well "established' fence withAlle. East line of the called 0.022 of;afi acrc'tracudescr bedIin i e.decd'frorn,Lawrencir E. Kiuhlkcii Jeanine Kuhlken to.'rhomas K. l~ulton et ux'.recotiicd under Clerk's-File Numlier.2004-82930;:a distance of 660.87 feet to a ''/a inch iron, :rod'with a .,yellow plastic .cap -stamped ".COLEMAN ,R.P.L.S. 40U1 sct at a fence cainec•post'.at the•Nortlieast'corner thereof; "l`HEVCti-. Norih'86' degrees 29- minutes. 04 'seconds'. West, along: a fe;icc called .for in the ,description of the! 72:769 acre_traet and>tWN, orth =line of'the said 6.022'of an acre. tract" distance 'of 2.90 feet to t he.Northwest. comer thereof on the Wesvlirie of.tlie 3.84..521 acre tract;, 'T1-IENCE'North.00 degrees 43 minutes '13 seconds East..v6tli the Wrist line of the 384:521 acre tract and East of an established fci ce'u•distance.of 1'411.39 feet. to a % incl.-iron•rbd fo nd with a plastic cal? stamped "Alliance" at,the Northy4rest earner thereof; "THENCE South 88 degrees 52. minutes - 53 seconds East generally" ailong'an'established fence:'line with the'N'orth line.of the. 384:521, acre tract a distance of .1928:72. feetlo a''/~ inch-.iron.,pipe found at an angle point therein; THENCE.South,89'degrecs 50 minutes-'l generally,albli, fence'pa°rt: of.the way and with the,North..linc,of the-384 521, aere tract;a distance of 1482:37 feecto,a'/,a?inch iron rod found actlle Northerly Northeast;corner•thereof; THENCE Solidi 00 degrees 06 minuies'38 secorids'Easf gencrally along-a.fence•p0,rt of the.:way and with-the most Northern East line. o; the..384.521 acre tract-a distance;..of 1201.42 .feet: to a•. 'fence corncr;po'st; Legal Desaipiioii - age 2 48683 12 THENCE South 89<det;rces 56 minutes 3.1 seconds.East•generally along an established .fence line with the North line of th084.521 acre tract a distance of3898.05 feet to a- "/2 inch roh.rod- fb*d6d at the Easterly Nartheast.comer thereof on the Westyight-of-way 'lihe of.the.FM.Mighwayr2164; THENCE with the West. right-of-way iirtc of.FIVI Highway 21'64 and the East line•of tfie 384.521 acre tract tltc.follbwing'9 calls: I . South-00 -degrees 43 minutes 02 seconds West a> clisiance of 602:28 •fect-to •a-•'h .inch .iron 'rod-found; 2. South 06 .degrees 25 minutes '13 seconds West a diiufhice of 100.44 ket,to a '/s inch iron. rod i'ouiid; 3. South 00: degrees 40.minuie§ 5,.0 seconds We`st.,a distance of-200.02~feet;to a in&lr iron rod found; 4. 'South 04 degrees 58'.:minutes.49 seconds. East.,zraistance of 100.42 -feet tci a /r i dli k6h rod foucuf; South 00 dirgrees'40inintites 43..scconds' West a distance-of 400;12 . feef io'a_'/2,inch'iron rod : found; 6. South 09 degrecs.04 ,minutes 23 seconds: West a distancd. 617.10 1.0 fcet-~to a•%2, inch iron rods found; 7. South.00.degrees 46 minutes 43 seconds West a.distance`of:.299..G8 feet. to a. woad right- •of-way•monument. found: 8. South:•07 degrees 40.minutes-33'secoiias.East"a..distance of 101:63 feet to a itich:iron; rod' found; 9. South OO..degrecs 42 rhirtutes 49 seconds West a,.distance of.238.45.feet to.h %2 inch iron rod fotind at the Southeast corner.,of, the 384.52.1 pdfe tract and the-Northeast .corner of'the_ 299.738 acre.ftact; T1-IF. NCE.South-00--degrees 41' minutes 38 secoitds'"West'with the Wesi.right-ofrWiy linc,cif FM Highway 2164 and 'the East line of the 299.738 -acre tract a -distaijGC of 1.941.06. feet to the PLACE OF Br-.GTN'NI-NG and.ENCLOSIM 748 983 acrcfi. :Iegad Description.-- Pagc`.3 48683 13 EXHIBIT «B,a ILLUSTRATION OF THE OFF-SITE SEWER FACILITIES EXHIBIT "B" ILLUSTRATION OF THE OFF-SITE SEINER FACILITIES 1 In ! t. F~IdsoFveRT J ~ PRWP6R'fY ~ ~ MID PROPOSEM MAR CREEK NTEAGEPMTOR ' r, l PEASE I ` 2 CLEAR MEEK WATER ` RECLAMATIC11MANT \ rr~ FROMSEDiIPTSTA1164 PROPOSED FORCE MASH -L CLEiRGREEK 4 RECtAktiT10K PLAYT FR-~PRRTY l EXHIBIT B 1 inch equals 5.W0 feet 48683 14 Compass Corporate Banking 1525 Ridgrnar Boulevard Fort'Vlorth, FX 76116 April 5, 2011 Mr, P,S, Arora Assistant Director of Wastewater Utilities City of Denton 901-A Texas Street Denton, Texas 76209 Re: Agreement by and between the City of Denton, Texas and Menton 288, L. P, for the Provision of Sanitary and Water Facilities (Hills of Denton MPC) Dear Mr. Arora: On or about May 21, 2007 Denton 288, L.P. executed the above referenced Agreement. On February 11, 2009, Mr, Rodney Zielke of Tomlin Investments (Denton 288, L.P.) requested an additional two year extension to the Agreement and it was subsequently granted by the City of Denton. The assumption by current ownership is this extension period granted has an expiration date of May 21, 2011. The current yawner, Compass Bank (the "Bank") foreclosed on this property on December 7, 2010. While the Bank's ultimate goal is to sell the property in its entirety to a developer, the Bank wants to work with the City of Denton to maximize value in the interim period. Due to the ongoing economic conditions and the challenges in the product type contemplated, Compass Bank feels that timing for the development of The Hills of Denton MPC, will not be feasible at this time. Our intent is to find a developer buyer who will start the project as the economic conditions become more favorable and the demand for housing, specifically single-family housing recovers. For these reasons, we are requesting that the City of Denton grant an amendment to the above Agreement allowing Compass Bank an additional two (2) years <total of six (6) years> from the execution date of the Agreement to complete construction of the "Phase I" project as defined in the Agreement. No other amendment is requested. Please feel free to call me for additional discussion and/or information at 817-735-0972. We have engaged Tim Welsh of American Group Advisors to prepare a feasibility report for the Bank on this property. If it would be helpful, either Tim or I would be happy to meet with you to discuss this matter further. ncj~ eIy, Aman-i L. aMartin !lice President/REO Asset Manager ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AND APPROVING A SECOND EXTENSION TO THE "AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISION OF SANITARY SEWER AND WATER FACILITIES" ENTERED INTO BY THE PARTIES ON THE 5TH DAY OF JUNE, 2007; PROVIDING THE CITY MANAGER WITH AUTHORITY TO PERFORM SAID SECOND EXTENSION AND TO EXPEND FUNDS AS NECESSARY; PROVIDING AN EFFECTIVE DATE; WHEREAS, the City of Denton, Texas and Denton 288 L.P., a Texas Limited Partnership, entered into an "Agreement by and between the City of Denton, Texas and Denton 288, L.P." (hereafter the "Agreement") providing for the mutual costs and responsibilities regarding the furnishing of water and sewer facilities regarding a certain tract of land described therein, within the City of Denton, commonly known as the "Hills of Denton." This agreement was approved by Ordinance No. 2007-125 by the City Council on the 5th day of June, 2007; and WHEREAS, the City of Denton, Texas and Denton 288 L.P., a Texas Limited Partnership entered into a "First Extension to the Agreement by and between the City of Denton, Texas and Denton 288, L.P., a Texas Limited Partnership" (hereafter the "First Extension") for a further two-year term, from and after June 5, 2009 providing for the mutual costs and responsibilities of the parties regarding their mutual obligations regarding the furnishing of sewer and water facilities in a certain tract of land described therein, within the City of Denton, commonly known as the "Hills of Denton." This First Extension was approved by Ordinance No. 2009-095 by the City Council on the 21st day of April, 2009; and WHEREAS, since April 21, 2009 the circumstances have materially changed, as the "Hills of Denton" formerly owned by Denton 288 L.P., a Texas Limited Partnership filed a Chapter 11 Bankruptcy in the Northern District of Texas, Dallas Division, being Case No. 10- 33213, and an Order was entered by the Bankruptcy Court on October 8, 2010 entitled "Agreed Order Lifting the Automatic Stay as to Compass Bank and Resolving All Remaining Issues in the Bankruptcy Case." As a result, a non judicial foreclosure sale was conducted in Denton County, Texas on the 7th day of December, 2010; COMPASS BANK, an Alabama State Banking Corporation and successor-in-interest to Texas State Bank (hereafter "COMPASS BANK"), was the successful bidder for the property described in both the Agreement and the First Extension; and WHEREAS, COMPASS BANK has recently requested that the City of Denton, Texas further extend the Agreement for an additional period of two years, from June 5, 2011 until June 5, 2013; COMPASS BANK states that it is making its best efforts to sell the real property to a qualified developer and this Agreement is of value to a future developer; and WHEREAS, the City believes that the Second Extension is in the best interests of the City and provides for the measured water and sewer growth of a new development north of the City of Denton, and further that a valid governmental purpose is served by said Second Extension; NOW THEREFORE, Exhibit 4 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute a "Second Extension to the Agreement by and between the City of Denton, Texas and COMPASS BANK, an Alabama State Banking Corporation, and successor-in-interest to Texas State Bank," extending the terms of the Agreement for a period of an additional two-years from and after June 5, 2011 and ending on June 5, 2013, regarding that same real property more particularly described in the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for the Provision of Sanitary Sewer and Water Facilities;" such further extension being in substantially the form of the Second Extension which is attached hereto and made a part of this ordinance for all purposes; as well as to exercise all rights and duties of the City of Denton, Texas under the Second Extension. SECTION 2. The City Manager is hereby authorized to expend funds as necessary as provided for in the Agreement as well as the Second Extension. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY fl{ l ~ ~ 4 By: Page 2 STATE OF TEXAS § COUNTY OF DENTON § SECOND EXTENSION TO THE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISION OF SANITARY SEWER AND WATER FACILITIES This SECOND EXTENSION, is made and entered into this the day of 2011, but is effective from and after the 5t-' day of June, 2011, by and between the City of Denton, a Texas municipal corporation, with its principal offices at 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City"; and COMPASS BANK, an Alabama Banking Corporation, and being successor-in-interest to TEXAS STATE BANK, 2525 Ridgmar Boulevard, Suite 410, Fort Worth, Texas 76118, hereinafter referred to as the "Bank." WITNESSETH WHEREAS, City and Bank find it necessary and appropriate to agree to this Second Extension to the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for the Provision of Sanitary Sewer and Water Facilities" (as amended by the First Extension, hereafter the "Agreement") heretofore entered into by the City and Denton 288, L.P. on the 5t' day of June 2007; and the First Extension to said Agreement entered into by and between the City of Denton and Denton 288, L.P. (the "First Extension") which extended the provisions of the Agreement, from and after rune 5, 2009, the end of the agreement's primary term, for a period of two additional years, until June 5, 2011; and WHEREAS, the Bank is now the record owner of the real property formerly owned by Denton 288, L.P. (the "Property"), having acquired said Property by a non judicial foreclosure sale in December 2010; and Bank and the City are willing to extend the term of said Agreement so that a qualified developer and purchaser of the Property (such purchaser from the Bank of the Property is hereafter referred to as the "Purchaser") may continue development under the terms of the Agreement; and NOW, THEREFORE, in consideration of the promises and the mutual obligations herein, the parties hereto do hereby mutually AGREE as follows: 1. This Second Extension shall be for a term of an additional twenty-four (24) months, beginning effective June 5, 2011 and ending on June 5, 2013. For avoidance of doubt, Section 2.E. of the Agreement provides that the "Developer" has until the second anniversary of the execution of the Agreement to complete construction of the "Phase I" project and by their execution hereof the parties acknowledge that the Purchaser now has until June 5, 2013 to complete construction of the "Phase I" project in accordance with the terms of the Agreement. This Second Extension may terminate sooner in accordance with the provisions of the Agreement. 2. Notwithstanding anything to the contrary herein or in the Agreement, the Bank has no obligation to complete any work or construction under the terms of the Agreement, including, without limitation, any of the obligations of the "Developer" under the Agreement. Rather, the parties agree that only a Purchaser will be liable for the obligations of the "Developer" under the Agreement and if the Bank does not sell the Property to a Purchaser, under no circumstances will the Bank have any obligations to the City or any other third party under the Agreement, it being a condition precedent to the obligations of the "Developer" under the Agreement that the Bank sell the Property to a Purchaser. 3. Upon a Purchaser's purchase of the Property, full and accurate records shall be maintained by the Purchaser at its place of business with respect to all matters covered by the Agreement and this Second Extension. Such records shall be maintained by Purchaser for a period of at least three (3) years after the date of termination of this Second Extension. 4. City and Bank and/or Purchaser agree that they will use their best efforts to resolve any dispute(s) regarding the Agreement and Second Extension, through the use of negotiation. In the event that the dispute(s) cannot be resolved, then the parties agree that mediation or other forms of alternate dispute resolution as are set forth in Chapter 154 of the Texas Civil Practice and Remedies Code shall be pursued. 5. Unless expressly modified by this Second Extension all of the terms and provisions of the "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for the Provision of Sanitary Sewer and Water Facilities" shall remain in full force and effect. 6. This Second Extension shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement, and notwithstanding any provisions in the Agreement to the contrary, the Bank is under no obligation to obtain the consent of the City prior to selling the Property to a Purchaser and upon the purchase of the Property, a Purchaser shall succeed to all of the rights of the "Developer" under the Agreement without any consent from the City. IN WITNESS WHEREOF, the City of Denton, Texas, has caused this Agreement to be executed by its duly authorized City Manager; and Bank has executed this Agreement through its duly authorized undersigned officer, dated this the . day of , 2011; but to be effective, confirmed and ratified as of the 5t' day of June, 2011. "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: "BANK" COMPASS BANK, an Alabama Banking Corporation By: Amanda L. M n, Vice President ATTEST: tigpY P SHMtNV K• WAN pi"e * * STATE Off TEW of toy Comm: Eq,kb. 22, 2053 AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance approving a "Second Amendment to Professional Services Agreement for Architect or Engineer" by and between the City of Denton, Texas and Malcolm Pirnie, Inc. to provide engineering services for the design of the Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade; authorizing the expenditure of funds therefor; and providing an effective date (providing for an additional $964,260 for additional services on the project-aggregating $3,703,360). BACKGROUND In negotiating the fee for this project, the staff referred to the Professional Engineering Services - A Guide to the Selection and Negotiation Process, a widely recognized reference document prepared by the Consulting Engineers Council of Texas (CELT) and the Texas Society of Professional Engineers (TSPE) published in 1993. Engineering fees for constriction projects are frequently negotiated on the basis of a percentage of the estimated constriction cost of the project. The CIP budget for this project included an original estimated constriction cost of $26,400,000 (Exhibit 2) and was used as the basis for the original fee negotiations with Malcolm Pirnie, Inc., for the preliminary design and final design Professional Services Agreements (PSA). Using the CECT & TSPE method for fee estimation related to constriction costs, full basic engineering services (without a full time resident constriction manager) for a project of this size, cost and complexity would typically be around 12% of constriction cost, or approximately $3,168,000. The total budget for professional services for Final Design in the FY 2009 CIP was $3,500,000. Based upon prior experience and comparison with other projects, staff prepared these budget numbers to reflect current market conditions for engineering fees for a water plant rehabilitation and upgrade project of this size, scope and complexity. The original fee proposal from Malcolm Pirnie, Inc., was submitted to staff in 2008 and included proposed fees for all three phases of the project (design, constriction and startup). These fee proposals were based upon the initial draft scope of services prepared by the consultant. The fees were based upon a man-hour cost breakdown for each scope item and deliverable including expenses and subcontractor expenses. The original fee proposal was based on a 3.2 multiplier and totaled $ 3,875,000. This fee proposal included $ 3,256,000 for basic design and constriction phase services (final design, bidding and basic services during constriction). This fee for basic services through constriction was 123% of the estimated constriction cost of $ 26,400,000. Special services for a full time resident constriction manager and for startup activities were and additional $ 422,000 and $ 197,000 respectively. Staff negotiated both the scope of services as well as the consultant's fees and reduced the fee for basic design and Page 2 of 6 constriction phase's services from the initial $ 3,256,000 proposal to $ 2,600,000 (which represented 9.85% of the original estimated constriction cost of the project). The City executed a PSA with Malcolm Pirnie, Inc., for this negotiated lump sum amount for basic services through the design and constriction phase of the project in August of 2009 and has since been working with the consultant over the past 20 months to finish the design and bidding phase of the project. One of the major improvements included in the project is the addition of ozonation facilities to this water treatment plant for improved disinfection, better taste and odor control, and for more stringent regulations on disinfection by products. Pre ozonation was originally proposed as the preferred location to add this process into the water plant process due to the simplicity of adding this into the treatment plant process train. The original engineering design fees and constriction cost estimate for the project was based upon the pre ozonation treatment process. However, during the course of the design phase, source water quality and ozone treatability studies were conducted to size ozone generation and ozone contactor equipment and to evaluative disinfection by products associated with the ozone pretreatment process. This analysis resulted in a design change for the placement of the ozone treatment process from pre ozonation at the head of the plant to intermediate ozonation between the plant sedimentation basins and the plant filters. Although this decision added complexity and additional cost to the project, the results of the ozone treatability studies concluded this was the proper location for the ozone process from a water quality and regulatory compliance perspective. The revised constriction cost estimate for the project was $ 29,600,000 and included the necessary revisions to move the ozone contractor from the originally proposed pretreatment location at the head of the plant to the revised intermediate location between the plant sedimentation and plant filter processes. The increased constriction costs estimate was approximately 12% greater than the original constriction cost estimate based upon the pre ozonation process. The Amendment No. 1 to the design PSA represented a $ 139,100 (535%) increase to the original design fee. After the Amendment No. I was approved (PUB on August 23, 2010/CC on September 7, 2010), the total fee for final design, bid services and basic constriction services was $ 2,739,100 and represent 9.25% of the revised constriction cost estimate. Another detail that evolved during the design phase was the logical phasing of the plant improvements during the constriction phase and the city's requirement to keep portions of the plant capacity operational during constriction at all times of the year. This sequencing of constriction was further complicated by the change in the primary disinfection strategy for the plant from free chlorine contact within the plant filters to a post sedimentation ozone contactor. This conversion is further complicated by the planned reconstruction of the plant filters and the incompatibility of Granular Activated Carbon (GAC) filter media that is optimal for biological filtration (a necessary process for ozone disinfection processes) but cannot operate as a free chlorine contact zone during the constriction phasing and sequencing. Ozone generation equipment manufacturing is a relatively long lead time item, but the ozone disinfection process needs to be on line and operational before the plant filter rehabilitation sequencing can begin. The net impact of this was the expansion of the initial constriction timeline from the original 24 Page 3 of 6 months to a revised 27 month schedule. This expansion of the constriction schedule had some cost implications on the final negotiated constriction phase services PSA for the Resident Engineer (RE). Anticipating these proposed changes to the project, staff revised the FY 2010/2011 proposed budget for the project (Exhibit 3) to reflect this change in project cost and the total project cost estimate was adjusted to $ 33,610,000. This amount includes the revised constriction cost estimate of $ 29,600,000 and a total of $ 4,010,000 for all engineering (including preliminary engineering), constriction inspection and start up services. Proposed Amendment No. 2 The first component of the proposed Amendment No.2 of the PSA addresses the need for a full time RE for the project. In evaluating staff alternatives available to us, we were fortunate to have an RE proposed for the project that was well qualified for this project but had cost considerations and schedule considerations to manage. Theresa Irby-Butler, P.E., has over 15 years experience in Constriction Administration and Project Management. Theresa's background includes numerous water treatment projects including conventional design-bid-build, design-build, design-build-operate, and constriction manager at risk based project delivery. Theresa's experience has been exclusively in the constriction management field and she has taken graduate studies in alternative project delivery constriction management in working on her Master Degree in Constriction Management. Theresa visited with the city's project team members and reviewed the project on April 1, 2011 and there was a consensus that she would be a valuable member to help the constriction project team members and the contractor in successful delivery of the project on schedule and on budget. Theresa is currently working on a WTP Upgrade Project for Winchester, VA., and is interested in relocating to Denton to be the RE for the LLWTP Upgrade Project as soon as her commitments with her current project have been completed (expected to occur by September or October of 2011). Theresa's resume is included in the package of information outlining the scope of services and proposed fees for Amendment No. 2 to the PSA (Exhibit 4). To cover the time on the front end of the project and to manage overall costs for RE services, we plan to utilize another engineer, Chetan Soni, P.E., that has a lesser breadth of constriction experience than Theresa for a portion of the constriction project schedule. Chetan is already a part of the project team and he will be involved with the project management and constriction services support under the existing basic services agreement currently in place on the project. Chetan's time commitment has been expanded to full time for RE coverage for approximately 6 months of the 27 month project constriction schedule to cover the time period that Theresa is not available. Chaten's resume is also included in Exhibit 4. In addition to the RE services, the first component of the scope of services for Amendment No. 2 includes the materials testing, weld inspections and special testing required for the project. Although the contract documents have some requirements for the contractor to pay for some testing on the project, staff generally recommends that the quality control testing be under the direct control of the owner. This is identical to the way we managed these services for the Lake Ray Roberts WTP constricted in 2001-2003. The negotiated fee proposal for the first component of the proposed Amendment No. 2 to the PSA is $ 680,000. Staff also recognized the need to assist the existing plant operations and maintenance staff with the successful transition from the old plant processes and equipment to the upgraded plant Page 4 of 6 processes and equipment. The primary emphasis for this portion of the scope centers around the training needs for the plant maintenance personnel. Malcolm Pirnie, Inc., has provided similar services for other clients including a recent project to assist with the development and training needs for the Upper Trinity Regional Water District's plant maintenance staff. Based upon the growing responsibilities being placed upon the existing plant maintenance personnel, coupled with the major investments the water utility has recently made in new plant infrastructure over the past ten years, helping improve the specialized training needs for plant maintenance personnel is consider a wise investment by management. The second element of the scope of services in the proposed Amendment No. 2 to the PSA addresses these training needs and totals $ 74,260. The third component of the proposed Amendment No. 2 to the PSA addresses startup services related to the commissioning of the new ozone treatment system. Some of these are driven by TCEQ regulatory requirements (CT tracer studies, disinfection plan and MOR reporting) while others relate to process training for plant operations and supervisory personnel. Although staff initially received training assistance on ozone equipment and ozone treatment for the Lake Ray Roberts WTP when it went on line in 2003, many of the plant operators and maintenance personnel have changed over the past eight years and training support and assistance with plant startup was considered important and necessary for this project. In addition, the LLWTP Upgrade Project includes new rapid mixing equipment, a redesigned flocculation system, a new intermediate ozonation system that requires a low lift pumped transfer, redesigned plant filters that will be operated biologically that requires a new non chloraminated backwash system, as well as numerous other major changes to chemical feed systems and process changes. A large percentage of these services will be provided by a sub consultant (Process Applications, Inc.) that is used by almost every engineering consulting firm on almost every new ozone project for water treatment plants and was the same sub consultant used by Freese and Nichols, Inc. on the Lake Ray Roberts WTP project. Another major component of the startup phase services includes the development of an electronic O&M manual with new Standard Operating Procedures (SOPS) for the new process equipment deployed in the plant upgrade. The negotiated fee proposal for this third component of the Amendment No. 2 to the PSA is $ 210,000. The initial fee proposal for the scope of services outlined above totaled $ 1,123,731. Staff negotiated this down to a total of $ 964,260 to keep the engineers services portion of the project within the project budget. Funding for Amendment No.2 is available from the revised budget for the project. Based upon the final bids received and the final recommendation for bid award, the total constriction cost for the project is $ 32,142,000 and the final engineering costs including preliminary design will be $ 3,903,360 (12.14% of constriction). The proposed Amendment No. 2 for constriction phase and post constriction phase services represents 3.00% of constriction cost. OPTIONS 1. Approve Amendment No. 2 to the PSA. 2. Renegotiate Amendment No. 2 to the PSA. Page 5 of 6 3. Reject Amendment No. 2 to the PSA. RECOMMENDATIONS Staff recommends approval of Amendment No. 2 to the Professional Services Agreement between the City of Denton and Malcolm Pirnie, Inc., in the amount of $ 964,260 for Engineering Services for the Constriction and Startup phase of the Lake Lewisville Water Treatment Plant Rehabilitation & Upgrade project. PRIOR ACTION REVIEW (Council, Boards, Commissions) February 27, 2006 PUB Approval of PSA with Malcolm Pirnie, Inc., for the Preliminary Design of the LLWTP Upgrade Project in the amount of $ 200,000. March 7, 2006 City Council Approval of PSA with Malcolm Pirnie, Inc., for the Preliminary Design of the LLWTP Upgrade Project in the amount of $ 200,000. February 26, 2007 PUB Approval of the Preliminary Design Report for the LLWTP Upgrade Proj ect. August 10, 2009 PUB Approval of the PSA with Malcolm Pirnie, Inc., for the Final Design for the LLWTP Upgrade Project in the amount of $ 2,600,000. August 18, 2009 City Council Approval of the PSA with Malcolm Pirnie, Inc., for the Final Design for the LLWTP Upgrade Project in the amount of $ 2,600,000. August 23, 2010 PUB Approval of Amendment No. I to the PSA with Malcolm Pirnie, Inc., for the Final Design of the LLWTP Upgrade Project in the Amount of $ 139,100. September 7, 2010 City Council Approval of Amendment No. I to the PSA with Malcolm Pirnie, Inc., for the Final Design of the LLWTP Upgrade Project in the Amount of $ 139,100. December 13, 2010 Staff briefing to PUB on LLWTP Upgrade Project scope and schedule. January 24, 2010 Staff briefing to PUB on the merits of including a contingency allowance on the LLWTP Upgrade Project bid process. April 11, 2011 PUB Approval of the Bid Award to BAR Constrictors, Inc., for the Constriction of the LLWTP Upgrade Project for the total amount of $ 32,142,000. May 3, 2011 City Council considers Approval of the Bid Award to BAR Constrictors, Inc., for the Constriction of the LLWTP Upgrade Project for the total amount of $ 32,142,000. ESTIMATED SCHEDULE OF PROJECT The plant will be operational during the 27 month constriction schedule and should be completed by the fall of 2013. The current schedule for the project is detailed in Exhibit 5. FISCAL INFORMATION A total of $ 3,500,000 was included in the FY 2009/2010 CIP (Exhibit 2) for final design of the Lake Lewisville Water Treatment Plant upgrade project. The revised budget for the project was included in the proposed FY 2010/2011 CIP (Exhibit 3). The revised budget includes sufficient funds to cover the proposed Amendment No.2 to the PSA. Page 6 of 6 The total budget for the engineering services portion of the project is $4,010,000 and includes $ 200,000 for preliminary design, $ 2,600,000 for final design, $ 450,000 for full time resident constriction manager, $ 530,000 for inspection, $ 200,000 for start up services and $ 30,000 for in-house engineering labor. The proposed Amendment No.2 will keep the outside engineering costs under the budgeted amount. A cost summary for the project is detailed below: Preliminary Design Phase PSA with Malcolm Pirnie, Inc.: $ 200,000 Final Design Phase PSA with Malcolm Pirnie, Inc.: $ 2,600,000 Amendment No. I to the Final Design Phase PSA with Malcolm Pirnie, Inc.: $ 139,100 Constriction and Post Constriction Phase Amendment No. 2 PSA with Malcolm Pirnie, Inc.: $ 964,260 Constriction Cost for LLWTP Upgrade Project: $ 32,142,000 Project Total (not including in-house services) $ 36,045,360 A combination of existing bonds and current revenue reserves will be used to fund the project. BID INFORMATION Presented to the PUB on April 11, 2011 EXHIBITS 1. Ordinance 2. Agreement 3. Location Map 4. FY 2010 CIP Detail Sheet 5. FY 2011 CIP Detail Sheet 6. May 2, 2011 Letter from Malcolm Pirnie, Inc., on Amendment No. 2 7. Constriction Schedule for the LLWTP Upgrade Project Respectfully submitted: Jim Coulter Director of Water Utilities Prepared by: Timothy S. Fisher, P.E. Assistant Director of Water Utilities ORDINANCE NO. 2011- AN ORDINANCE APPROVING A "SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER" BY AND BETWEEN THE CITY OF DENTON, TEXAS AND MALCOLM PIRNIE, INC. TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF THE LAKE LEWISVILLE WATER TREATMENT PLANT REHABILITATION AND PROCESS UPGRADE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROVIDING FOR AN ADDITIONAL $964,260 FOR ADDITIONAL SERVICES ON THE PROJECT-AGGREGATING $3,703,360). WHEREAS, on August 18, 2009 the Council selected Malcolm Pirnie, Inc. a professional engineering firm ("Pirnie") to provide professional services for the design of the Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade (the "Project"); and the Council awarded a "Professional Services Agreement for Architect or Engineer" ("Agreement") to Pirnie in the original sum of $2,600,000, approved by Ordinance No. 2009-187; and WHEREAS, on September 7, 2010 the First Amendment to such Agreement (hereafter the "First Amendment"), providing for additional professional services for the Project was approved by the City Council in the amount of an additional $139,100, by Ordinance No. 2010- 202; and WHEREAS, Pirnie has been heretofore selected as the most highly qualified firm on the basis of its demonstrated competence and qualifications to perform the proposed professional engineering services; and WHEREAS, the fees under the Agreement are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to Pirnie's profession, and such fees do not exceed any maximum provided by law; and WHEREAS, a Second Amendment to the Agreement is necessary because additional services need to be added to the Project as described in said Second Amendment and Staff is pleased with the overall quality of the work performed thus far under the Agreement and the First Amendment by Pirnie regarding the Project; and is satisfied with the final scope of services and fee negotiations represented in the Agreement, the First Amendment and the Second Amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Preamble to this Ordinance is hereby adopted by reference for all purposes. SECTION 2. The City Council hereby authorizes and approves the "Second Amendment to Professional Services Agreement for Architect or Engineer" ("Second Amendment") entered into by and between the City of Denton, Texas and Malcolm Pirnie, Inc. in the amount of $964,260 as provided for therein; said Second Amendment is attached hereto as Exhibit "A" and is incorporated herewith by reference. SECTION 3. The City Manager is hereby designated to execute the Second Amendment. SECTION 4. The City Manager is hereby authorized to expend funds as provided for by the Second Amendment. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 THE STATE OF TEXAS § COUNTY OF DENTON § SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER WHEREAS, a "Professional Services Agreement for Architect or Engineer" (hereafter the "Agreement") was approved by the Denton City Council on August 18, 2010 as evidenced by Ordinance No. 2009-187, and said Agreement was entered into on the 18th day of August, 2009, by and between MALCOLM PIRNIE, Inc., a Corporation (hereafter the "PROFESSIONAL"), acting by and through its duly empowered officers and representatives; with its corporate offices at 104 Corporate Park Drive, White Plains, New York 10602 and an office at 12400 Coit Road, Suite 1200, Dallas, Texas 75251; and the CITY OF DENTON, TEXAS, a Texas municipal corporation, with its offices at 215 East McKinney Street, Denton, Texas 76201, acting by and through its duly authorized and empowered City Manager (hereafter "OWNER"); and which Agreement provided for certain necessary licensed professional engineering services, with expenditure authority not-to-exceed $2,600,000 regarding the "Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade" (the "Project'); and WHEREAS, a "First Amendment to Professional Services Agreement for Architect or Engineer" (hereafter the "First Amendment'), was approved by the Denton City Council on September 7, 2010 as evidenced by Ordinance No. 2010-202, and said First Amendment was entered into on September 7, 2010, by and between MALCOLM PIRNIE, Inc., a Corporation, acting by and through its duly empowered officer and representatives; and the CCITY OF DENTON, TEXAS, a Texas Municipal Corporation, and which First Amendment provided for certain necessary licensed professional engineering services, with expenditure authority not-to-exceed an additional $1319,100 regarding the Project; and WHEREAS, both PROFESSIONAL and the OWNER have each resolved and agreed that the Agreement should be continued and amended for a second time as to certain provisions, to wit: NOW, THEREFORE, in consideration of the covenants and agreements herein contained, CONSULTANT and the OWNER mutually agree to amend the Agreement by this "Second Amendment to Professional Services Agreement for Architect and Engineer" (hereafter the "Second Amendment'), as the scope of services to be rendered by PROFESSIONAL to the OWNER has been increased by the sum of $964,260 in additional professional engineering fees, increasing the amount of this engagement from $2,739,100, the total amount of the Agreement and First Amendment, to a total of not-to-exceed $3,703,360; this Second Amendment provides for an expansion of the professional services to be rendered by PROFESSIONAL, as set forth in that certain "Lake Lewisville Water Treatment Plant Upgrade Amendment No. 2" proposal addressed from PROFESSIONAL to Tim Fisher, P.E., Assistant Director of Water Utilities of OWNER, on May 2, 2011, which proposal is attached hereto as Exhibit "A" and which proposal is incorporated by reference herein, in this Second Amendment, to wit: 1 SECTION 1. PREAMBLE INCORPORATED HEREWITH BY REFERENCE The above Preamble is incorporated by reference into this Agreement. SECTION 2. CONTINUED EMPLOYMENT OF DESIGN PROFESSIONAL In addition to the original two scopes of services that are attached to the Agreement and the First Amendment previously executed by PROFESSIONAL and OWNER on August 18, 2009 and September 7, 2010 respectively, there is an additional scope of services letter dated May 2, 2011 that is attached to this Second Amendment as Exhibit "A" which is incorporated by reference herewith. This Second Amendment and its additional scope of services is necessary for further progress on the "City of Denton Lake Lewisville Water Treatment Plant ("LLWTP") Upgrade Project' to provide for: Resident Engineer Services; Operations and Maintenance Training; and Start-up and Post-Constriction Services; and The PROFESSIONAL shall perform those additional professional engineering and design services as contained in Exhibit "A" to the Second Amendment attached hereto. To the extent that any of the conditions in said original Agreement have changed, then the conditions on Exhibit "A" shall be applicable. All other provisions of Section 1 of the original Agreement shall remain intact and in full force and effect. SECTION 3. BASIC SERVICES For Basic Services the compensation for this Second Amendment shall be an additional $964,260, aggregating $3,703,360 for the professional engineering and design services to PROFESSIONAL for this engagement. SECTION 4. ENTIRE AGREEMENT The Second Amendment includes the executed Agreement, executed August 18, 2009 by PROFESSIONAL and OWNER, as well as the First Amended Agreement, executed by PROFESIONAL and OWNER on September 7, 2010. It further includes the City of Denton General Conditions to the original Agreement for Architectural or Engineering Services; it further includes the Insurance Requirements that are attached to the original Agreement for Architectural or Engineering Services. SECTION 5. AMENDED AGREEMENT Save and except as amended hereby, all of the remaining clauses, sentences, paragraphs, sections and subsections of the Professional Services Agreement for Architect or 2 Engineer, executed on the 18th day of August, 2009, and First Amendment thereto, executed on the 7th day of September, 2010, shall each remain in full force and effect. This Second Amendment shall be executed in four originals. SIGNED AND DATED by the duly-authorized representatives and officers of the parties hereto effective on the day of 12011. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I~ 1 By: "PROFESSIONAL" MALCOLM PIRNIE, INC. A Corporation By: RANDALL G. McINTYRE, P.E. ATTEST: By: Lake Lewisville Water Treatment Plant Prope Z Location Map 3q STANDa m . o IT 7 I. I I I Wyl Y Y y. - ;A, I WILDERNESS no c~ FR ^ ~ u~w , I DEER z m ~.,a bU~~iu ~1~ " Y a FOX HOLLOW u s QO ROOK ANGELINA BEND U . . AND; t i ?4W - - .r a A N:'' Q -1 Aw dol. 04 X*s a O i e g 1, d Pty 4 a C Alt opt jp7 Or P _ .4 ' feet of bP U-5 -1 250 I 4,. I L~j _j )y 61 P Lp)~~Zkl , URVITY EXHIBIT 3 VIVA1Ck~ c~~y or beptpn 'C'ity of f'De ton 2010 - 2014 Capital Improvements Project stet Ifti«~~ Project Title: Lake Lewisville Wtr Treatment Plant Rehab Description: This project will rehabilitate all components of the Lake Lewisville Plant treatment process and change the primary disinfection to ozone producing a water quality equal to the Ray Roberts Water Treatment Plant. Business Unit: 630100 Water-Production Project Type: Statutory (Regulatory) Project Scope: Multi-Year Project Category Cade: 035 REGULATORY DISINFECTION MODS Revenue 00,000,00 MTn40100 e 60 Sub Gontract $iQ,7 Revanue Total: $10,700,0Q0,00 Utility Bonds Fiscal Year 'Cost Code Description Cost-Type Description Amount 2010 40100 CONSTRUCTION 1360 Sub Contract $15,662,000M 2010 47710 INSPECTION 1365 Other $200,000,00 2010 47710 INSPECTION 1365 Other $530,000.00 Utility Bonds Total. $16,392,000.00 Project Total.. $27,092,000.00 Comments: Improvements to include a change in the primary disinfection to meet new regulations, a new chlorine and ammonia feed facility that meets Risk Management Plans recommendations, filter modifications to improve filtering performance and various electrical and mechanical improvements to the plant. Engineering $200,000 Design $3,500,000 Construct $26,362,000 Inspection $530,000 Wedit'esday, September 16, 2009 411 Page S of 42 EXHIBIT 2 EXHIBIT 5 ~~~9 of Repro City of Denton 2011 2015 Capital Improven-tents. Project ate UU1\~l Project Title: Lake Lewisville'Wtr Treatment Plant Rehab Description: This project will rehabilitate all components of the Lake Lewisville Plant treatment process and change the primary disinfection to ozone producing a water quality equal to the Ray Roberts Water Treatment Plant, i Business Unit: 630100 Water-Production Project 7) pe: Statutory (Regulatory) Project Scope: Multi-Year Project Category Cade: 036 REGULATORY DISINFECTION MODS Revenue Fiscal Year Cost Code Description Cost Type Description' Amount 2011 40100 CONSTRUCTION 1360 Sub Contract $8,700,000,00 Revenue Total., $6,700,000,00 Utillty Bonds Fiscal Year Cost Code Description Cost Type Description Amount 2011 40100 CONSTRUCTION 1340 Labor $30,000,00 2011 40100 CONSTRUCTION, 1360 Sub Contract $20,900,000.00 2011 47710 INSPECTION 1365 Other $200,000.00 2011 47710 INSPECTION 1365 Other $450,000.00 2011 47710 INSPECTION 1365 Other $530,000.00 Utility Bonds Total. $22,110,000.90 Project Total. $30,810,000.00 Continents: Improvements to include a change in the primary disinfection to meet new regulations, a new chlorine and ammonia feed facility that meets Risk Management Plans recommendations, filter modifications to Improve filtering performance and various electrical and mechanical improvements to the plant. Pre-Design $200,000 Design' $2,600,000 Construct $29,600,000 Inspection $530,000 Resident Representative $460,000 Startup Cost $200,000 Engineering Labor $30,000 Total $33,610,000 Dlonday, Septeinber27, 2010 411 Page 4 of36 EXHIBIT 3 EXHIBIT 6 Malcolm Pirnie - ARCADIS, U.S. 12400 Colt Road, Suite 1200 Dallas, Texas 75251 - T: 972.934.3711 F: 972.934.3662 May 2, 2011 Mr. Timothy Fisher, PE Assistant Director, Water Utilities Department City of Denton 901-A Texas Street Denton, TX 76209 Re: Lake Lewisville Water Treatment Plant Upgrade Amendment No. 2 - Resident Engineering, 0&M Training, and Start-Up Services Dear Tim: This letter summarizes Malcolm Pirnie's scope and fees to provide the following services for the City of Denton Lake Lewisville Water Treatment Plant (LLWTP) Upgrade Project: • Resident Engineer Services • Operations and Maintenance Training • Start-up / Post-Construction Services The Scope of Work, associated level of effort, and resulting engineering fees for these services have been finalized based on our previous discussions and negotiations meetings held on February 15, 2011, March 15, 2011, and April 28, 2011. Background Malcolm Pirnie completed the LLWTP Upgrade design and the City advertised the project for bids on February 10, 2011. Bids were received and opened on March 24, 2011. Bar Constructors, Inc. is the apparent low bidder, recommended for award of the project (refer to our previous letter dated April 1, 2011). Malcolm Pirnie is currently under contract for basic construction administration services and construction will likely begin on or about June 1, 2011. The LLWTP Upgrade Project construction cost, based on the Bar Constructors, Inc. bid, is $32,142,000.00. The project is a highly complex blend of new facility construction with Mr. Timothy Fisher City of Denton, Texas May 2, 2011 Page 2 of 3 advanced technology (ozone system), and extensive rehabilitation of existing facilities and buried infrastructure. A significant amount of coordination will be required to maintain plant operations and to schedule facility shutdowns to complete key tie-ins and construction elements. To manage and inspect construction activities for a project of this magnitude and complexity, it is common practice to include full time inspections and resident engineering services. It is our understanding that the City will provide a full-time City inspector for the duration of the project construction. This letter includes our proposed Scope of Work and related engineering effort / fees to provide resident engineering services. Similarly, projects of this nature that include new facilities and systems require start-up assistance and post-construction follow-up to assist the City with successful transition into operation. This letter includes our proposed Scope of Work and related engineering effort / fees to provide start-up / post-construction services. The third component of this Scope of Services is to provide the City with Operations and Maintenance Training related to operation and maintenance of the LLWTP facilities. With the rehabilitation, addition of new facilities and advanced technology, a methodology to train and document training for the project and ultimately staff career development is a common practice. Our engineering fees are attached for the level of effort associated with this item. Scope of Services The proposed Scope of Work for the aforementioned services is appended to this letter. Level of Effort and Engineering Fees The lump sum engineering fees to provide these services is summarized here with the supporting level of effort basis as shown in the attached spreadsheets: • Resident Engineer Services $680,000.00 • Operations and Maintenance Training $74,260.00 • Start-up / Post-Construction Services $210,000.00 Resumes for Ms. Irby-Butler and Mr. Soni are also attached for your reference. Mr. Timothy Fisher City of Denton, Texas May 2, 2011 Page 3 of 3 Please let us know if you have any questions or comments related to this proposal. Very truly yours, Malcolm Pirnie, Inc. Robert W. Hoffman, PE Senior Project Manager Enclosures: Scope of Work Resident Engineering Fee Basis Summary Spreadsheets Operations and Maintenance Training Fee Basis Summary Spreadsheets Start-Up / Post-Construction Services Fee Basis Summary Spreadsheets Resident Engineering Services Resumes Cc: Randy McIntyre - Malcolm Pirnie, Inc. 5673006 File C.1 City of Denton, TX Lake Lewisville ' Upgrade 1. INTRODUCTION The City of Denton (OWNER) intends to construct the Lake Lewisville Water Treatment Plant (WTP) Upgrade (PROJECT) to comply with applicable codes and future regulatory standards and to meet customer water quality goals. Malcolm Pirnie, Inc. (ENGINEER) completed schematic and detailed design services and will perform professional engineering services to conduct bid and construction administration phase services. This scope of work describes additional services related to resident services during construction, operations and preventative maintenance training, and start-up phase services to be provided as part of an amendment to the original Professional Services Agreement (PSA). II. CONSTRUCTION PACKAGES The scope of work and fee is based on services related to execution of one construction contract. III. DETAILED TASK DESCRIPTIONS The ENGINEER will conduct the following: ks Resident Services During Construction ks Operations and Preventative Maintenance Training ks Start-up Phase Services A. Resident Services during Construction ENGINEER shall furnish a Resident Project Representative (RPR), in order to assist OWNER in observing performance of the Work of the Construction Contractors. ENGINEER's effort is based on on-site services throughout construction of the PROJECT, approximately 28 months (22 months full-time and 6 months half-time). Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the Work of Construction Contractor. Except upon written instructions otherwise, Resident Project Representative: ks Shall not authorize any deviation from the Construction Contract Documents or approve any substitute materials or equipment which may impact cost, time or design intent without approval from the OWNER. ks Shall not undertake any of the responsibilities of Construction Contractor, Subcontractors or Construction Contractor's superintendent, or expedite the Work. ks Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Construction Contract Documents. ks Shall not advise on or issue directions as to safety precautions and programs in connection with the work of the Construction Contractor. The Resident Project Representative, as ENGINEER'S agent, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER. RPR'S dealings in matters pertaining to the on- kLCOLM DAL 1IRNIE City of Denton, TX Lake Lewisville ■ Upgrade site Work shall in general be only with ENGINEER and Construction Contractor, and dealings with Subcontractors shall only be through or with the full knowledge of Construction Contractor. Written communication with OWNER will be only through or as directed by ENGINEER. The Resident Project Representative shall perform the following: Task 1 Schedules. Review the progress schedule, schedule of Construction Contractor's submittals and Schedule of Values prepared by Construction Contractor, and consult with ENGINEER concerning their acceptability. Task 2 Liaison. Serve as ENGINEER'S liaison with Construction Contractor, working principally through Construction Contractor's superintendent and assist the superintendent in understanding the intent of the Construction Contract Documents. Assist ENGINEER in serving as OWNER'S liaison with Construction Contractor, when Construction Contractor's operations affect OWNER'S on-site operations. As requested by ENGINEER, assist in obtaining from OWNER or CONTRACTOR, additional details or information, when required at the job site for proper execution of the Work. Task 3 Shop Drawings and Samples. Submittals that are furnished by Construction Contractor shall be received and reviewed. Advise ENGINEER and Construction Contractor or his superintendent immediately of the intent to commence any Work requiring a Shop Drawing or sample submission if ENGINEER has not approved the submission. Task 4 Records. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Construction Contract Documents including all addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Construction Contract, ENGINEER'S clarifications and interpretations of the Construction Contract Documents, progress reports, and other Project related documents. For each day at the site, prepare a report recording Construction Contractor's hours on the job site, major construction equipment on-site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, on-site equipment, Subcontractors on-site, observations in general and specific observations in more detail as in the case of observing test procedures. These reports shall present factual information on project activities. These reports shall be submitted to the OWNER biweekly along with the Construction Contractor's daily report. The report shall document the Construction Contractor's staffing. Copies will be forwarded to the ENGINEER. Record names, addresses and telephone numbers of the Construction Contractor, subcontractors and major suppliers of materials and equipment. When at the site, accompany visiting inspectors representing public or other agencies having jurisdiction over the Project; record the outcome of these inspections and report to ENGINEER. Task 5 Interpretation of Construction Contract Documents. Receive and transmit all clarifications and interpretations of the Construction Contract Documents, to and from the Construction Contractor and ENGINEER. Prior to issuance, the interpretation shall be clarified with the OWNER if the clarification may impact cost or time, and assist the OWNER in resolution of these issues, if required. Task 6 Reports. Furnish ENGINEER and OWNER with the monthly Project progress meeting summary (as the construction contract status report) for the construction contract, describing the progress of the Work and Construction Contractor's compliance with the approved progress schedule, and schedule of Shop Drawing submissions. The report shall include: Its Total project cost to date. IRNIE City of Denton, TX Lake Lewisville ■ Upgrade ks Total project cost during the reporting period. ks Updated status of OWNER's contingency allowance and project change orders. ks Planned versus actual progress. ks Actual and/or potential defaults or violations of the Construction Contract Documents. ks Recommended remedies to the above. ks Other project issues and photo-documentation as applicable. Task 7 Changes. The Resident Project Representative shall consider and evaluate suggestions for changes in the Work and report them with recommendations to ENGINEER. The ENGINEER shall notify the OWNER of any changes or alterations believed to be in the OWNER'S best interest, and provide the OWNER with supporting details of any proposed changes. The ENGINEER shall prepare drawings, details and specifications needed to adequately describe the change, prepare an estimate of the cost and time impact of the Change Order and conduct the negotiations. Task 8 Field Testing. ENGINEER shall provide services of subconsultant(s) to perform field quality control testing and inspections related to earthwork, concrete work, and weld inspections as required by the project specifications up to an amount not to exceed $115,000. ENGINEER will include in monthly project progress summary (Task 6) status of the testing, funds used to date, and funds remaining. Additional testing and inspections services beyond the point where the original funds have been used will be provided as an Additional Service upon authorization of additional funds by the OWNER. Deliverables: ks Resident project representative reports customized per City requirements with information suitable for Public Utilities Board and City Council distribution. B. Organizational, Operations and _ _ The City of Denton, Texas (the "City" or "Denton") is a fast-growing community with a population of approximately 120,000 located in the north part of the Dallas-Fort Worth MetroPlex. Water, wastewater and drainage services are provided by the Denton Water Utilities Department (the "Department"). High quality treated water is provided through a 550-mile network of pipelines and storage facilities, with the water originating from two surface water treatment plants. The Lake Lewisville WTP was completed in 1957. It has a capacity of 30-million gallons per day (mgd), and obtains its water supply through a 10-mile raw water pipeline from Lake Lewisville. The Lake Lewisville WTP Upgrade will include the addition of settled water ozonation facilities with construction beginning second quarter 2011. The Ray Roberts WTP was completed in 2003, and it has a capacity of 20 mgd. Its raw water supply comes from adjacent Lake Ray Roberts. Operating a modern water department for a city the size of Denton is a complex, multi-faceted activity requiring highly trained and motivated employees, experienced supervisory-level leaders, and well- organized managers. Like most municipal water utilities, the Department provides daily administration, as well as round-the-clock service in terms of water treatment and distribution, with additional employees responding during nights and weekends when emergencies arise. Over the last forty years, the demands on water utility employees have increased significantly with changing technology, increasingly more stringent regulations, safety and health requirements, fiscal constraints, and the need to keep up with the increased IRNIE City of Denton, TX Lake Lewisville ■ Upgrade water demand that comes with a growing population. However, the Department's skilled employees still remain its most important resource and asset. From time to time, it is important for a water utility like the Department to evaluate, update and optimize its organizational training, effectiveness, leadership and supervisory processes and techniques, and the safety and health programs that affect job performance and 0&M processes. The following scope of work describes an effort to assess the critical employee and supervisory components of the Department, recommend organizational enhancements and provide training that can assure that the Department maintains its effectiveness as it grows in size, responsibility and prepares succession planning. Task 1 - Project Administration Project administration will consist of project tracking, scheduling, oversight and quality control. The task manager will be the point of contact and will keep Department's leadership involved in and informed of progress and potential issues/resolution that may evolve. Task 2 - Kickoff Meeting, Data Collection and Analysis A kickoff meeting will be conducted to: • Verify the Department's goals and objectives, confirm task efforts and schedule, and clarify communication protocols, roles and responsibilities. • Discuss current organizational structure, job positions, employees, vacant positions and future positions. • Discuss issues and concerns of particular importance. • Discuss involvement of other City departments such as Human Resources, Administration, and Finance and Accounting, as necessary. • Discuss recruitment, selection, hiring and promotion policies and procedures. • Review the preliminary data and materials needed by the Project Task team. • Discuss how the Project Task and Malcolm Pirnie will be introduced and described to Department employees. • Discuss schedule and deliverables. Data collection and analysis includes: • Reviewing available policies, reports and data. It is assumed the City will gather and provide requested information and data to Malcolm Pirnie. • The analysis may include information such as: organizational charts; job descriptions and position requirements; personnel policies; career ladder and promotion materials; training records; 0&M records and data (including CMMS and preventive maintenance information); safety statistics, lost- time and job-related injury report summaries; employee turnover and exit interview summaries; salary range information by position (not employee); overtime pay summaries; operational budgets; and budget-to-actual cost accounting information. • Where available, the Project team will review information from the last three years. • Given the nature of this type of effort, the team may request additional information of the Department during this task and in future tasks. Deliverables: Kickoff Meeting agenda and summary minutes; Employee and supervisor interview checklists. IRNIE City of Denton, TX Lake Lewisville ■ Upgrade Task 3 - Conduct Site Visits and Employee Interviews This task includes: • To the extent not covered in the kickoff meeting, discussing with Department leadership and agree upon the nature and extent of supervisor and employee interviews. • Over a period of 2 consecutive days, conducting site visits to offices, maintenance facilities and the two water treatment plants, . • Conducting voluntary individual and group interviews with selected supervisors and employees to review each supervisor's educational background, work experience, management experience and training records. Deliverables: Memorandum documenting information gathered during Task 3. The interview information would be summarized in a manner to protect employee anonymity. Task 4 - Develop Training Program and Draft Report This task includes the following: • Develop a draft Final Report with conclusions and recommendations, potential means and methods for enhancing organizational effectiveness and leadership, as well as overall management of personnel policies and procedures, as well as a proposed implementation/training program and schedule. The training program will include methods to document demonstrated understanding by individual attendees. • Provide the draft Final Report and Training Program to the Department for its review and comment. • Provide recommendations for supervisory and staff training to include training topics and potential attendees. Deliverables: Five (5) hard copies and one (1) CD of draft Final Report. Task 5 - Conduct Supervisory and Staff Training This task includes: • Conducting training sessions/modules for Departmental supervisors and potential supervisors. o The optimum situation would be to conduct two (2) separate training sessions/modules (up to four (4), 4-hour classes) with four months between each session. This type of phased program allows supervisors to gain skills and techniques during training, and then have the opportunity to use them before the next session. The time between sessions also allows supervisors to encounter new leadership and management situations and bring those issues to the future class(es) for discussion and analysis. o Specialized training personnel would possibly be used for parts of the training efforts, depending on the issues and topics identified in earlier tasks and the type of training provided. o The training will include methods to document demonstrated understanding by individual attendees prior to completion of the program. IRNIE City of Denton, TX Lake Lewisville ■ Upgrade Deliverables: Presentations and training materials. Task 6 - Prepare Final Report and Final Presentation This task includes: • Based on Supervisory Training and comments from the Department, prepare the Final Report. • Summarize and document training provided in Task 5 including documentation of demonstrated abilities of individual attendees. • Make one (1) presentation, as requested by the Department. Deliverables: Five (5) copies and one (1) CD of Final Report, presentation and training materials. Schedule It is anticipated that completion of these tasks will occur and be completed within ten (10) months after notice to proceed. This assumes Departmental staff will be available for meetings and workshops as defined in this scope of work. Start-Up Start-Up Phase - Assistance ir Performance Task 1 - Start-Up Services - Ozone System The ENGINEER will facilitate and coordinate ozone-process training through three workshop-training events as described below. ENGINEER intends to use Process Applications through a subcontract to assist with ozone system training and startup services. The training workshops will be presented in intervals of approximately four to six weeks. Each training workshop will include two-8 hour days to cover training for two shifts and a third 8-hour day for standard operating procedure (SOP) development. Ozone System Operational Guidelines will be developed as a follow-up activity after each training workshop. A preliminary list of Ozone System Operational Guidelines is presented below. 100. SAFETY: 101. Oxygen Safety 102. Ozone Safety 200. PROCESS MONITORING / OPTIMIZATION: 201. Calculating Ozone Process Parameters 202. Calculating Ozone Disinfection Credit 203. Calibrating Ozone Residual Analyzers 204. Daily Monitoring and Long Term Trending 205. Round's Sheet 206. Ozone Optimization Strategies 300. OPERATION: IRNIE City of Denton, TX Lake Lewisville ■ Upgrade 301. Selection Criteria for Operating Units 302. Ozone System Cold Startup 303. Planned Ozone System Shut-Down 304. Equipment Switching and Rotation 305. Nitrogen-feed System Operation 306. Response to Ozone Alarm 400. MAINTENANCE 401. Contactor Draining-Inspection-Filling 402. Ozone Generator Shell Opening-Inspection-Closing Deliverables: ks Ozone System Operational Guidelines in doc and pdf format Task 2 - Ozone System Training Workshops Startup Training Workshop No. 1. Topics will include review and new information regarding safety and application of ozone plus ozone equipment design and operating criteria. Training workshops involve safety procedures and equipment selection criteria guidelines. Startup Training Workshop No. 2. Topics will include liquid oxygen (LOX), ozone generator, ozone contactor and off-gas process operation and determination of ozone disinfection inactivation credit. Training workshops involve ozone system startup procedure, calibration of analyzers, calculation of ozone disinfection credit and ozone system computer simulation. ENGINEER will use a spreadsheet simulation model of the ozone system. The simulator will be delivered to the OWNER upon completion of training for plant staff use. Deliverables: ks Workshop agendas and handouts ks Computer simulator of ozone system on CD-ROM Task 3 - Post Start-Up Services for Ozone ENGINEER will provide post startup services including technical assistance and training directed towards optimizing performance and operation of the ozone system. Follow-up technical consultation will consist of at least three site-visits including phone consultation over a period of six to twelve months after startup. Deliverables: ks Data spreadsheet to monitor ozone performance Task 4 - Electronic Operations and Maintenance (0&M) Manual Development ENGINEER shall develop electronic operations and maintenance manuals for the following systems and process units: ks Raw Water Pumping By-Pass Variable Speed Flocculators IRNIE City of Denton, TX Lake Lewisville ■ Upgrade ks Ozone System (consisting of deliverables from Task 1 in combination with the ozone system supplier's 0&M) ks Low Lift Pump Station ks Biologically Active, GAC Filters ks Filter Air Scour and Backwash (Non-chloraminated and chlorinated backwash) ks Bulk Sodium Hypochlorite and Liquid Ammonium Sulfate Feed and Storage Facilities ks Chemical Systems ks Backup Disinfection Operation 0&M services are not anticipated for other processes which the OWNER staff already have familiarity. ENGINEER will develop standard operating procedures (SOPS) and guidelines for the noted process units / facilities in electronic format (.doc and .pdf). ENGINEER will append equipment manufacturer 0&Ms as well as design basis document in pdf format (where applicable) and submit to OWNER. SOPS/guidelines shall include: ks Brief overview of process / facility and use ks Start-stop procedures ks Process / performance targets and monitoring recommendations For systems noted above that are somewhat familiar to OWNER staff, ENGINEER will use and/or refer to information previously developed in the basis of design documents developed during design. This task will also include one (1) training session (up to 8-hours) for plant staff upon completion of the draft 0&M manuals. Deliverables: ks Draft SOPS/guidelines in doc and.pdf format ks SOP training (1, 8-hr session) ks Final 0&M manuals in electronic format to include ENGINEER developed SOPS/guidelines with appended CONTRACTOR/Equipment Supplier 0&M Task 5 - Post Start-Up Services for New Plant Systems ENGINEER will provide post startup services including technical assistance and training directed towards optimizing performance and operation of the equipment. Follow-up technical consultation will consist of at least two site-visits including phone consultation over a period of six months after startup to optimize system performance. Deliverables: ks Notes from consultations Task 6 - Disinfection Plan ENGINEER will conduct a tracer study of the completed settled water ozone contact chambers to determine baffling factor for use in calculating disinfection credit using ozone. This task includes preparation of field plan and conducting of the field test. OWNER will provide chemical (fluoride) and feed facilities to the chambers. IRNIE City of Denton, TX Lake Lewisville ■ Upgrade ENGINEER will prepare a letter and CT disinfection calculations for review by the OWNER and approval by the TCEQ. This task included follow-up consultation with TCEQ and submission of revised documentation as required. Deliverables: ks CT test plan in PDF format ks Letter to TCEQ on approval of new CT plan and baffling factor IV. PROJECT SCHEDULE The project schedule for completing each phase after notice to proceed is as follows: ks Resident Project Representative services - 28 months ks Organizational, Operations and Maintenance Support -10 months ks Startup and Post-Startup Phase - to 6 months after end of construction V. ADDITIONAL SERVICES All services requested of the ENGINEER by the OWNER during the PROJECT that are not specifically described in the scope of work shall be provided by the ENGINEER as Additional Services. 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O O O O O O O O O O O O O O N LL m z a w D IL Y w w w 7 O J F O F F V 0) N Q CY) J J h a w m Q m N 7 7 a o a n - O O O ~ A F-- ~ U ~ ~ x [if (6 O ° o co a ~ N H ~ U) w w r LU m CO LL I? d [if O F- J 0 CO d V o 10 [if U x H 6 z 2=! d Q w ml F- LU 0 O E - v _ _ _ _ N w z cn d d d C7 0 [if i Q 0 O N N M QI m N r M H N N N N CO Teresa Irby-Butler, PE, CCM, CCCA, CDT As a practicing civil and environmental engineer and construction professional, Ms Irby-Butler has served on teams for construction projects Teresa Irby-Butler, PE, throughout the United States. Currently, she is serving as the construction CCK CCCA, CDT manager and resident project representative for the Percy Miller Water Treatment Plant Upgrade Project in Winchester, Virginia. Her experience serving as construction manager, project scheduler, assistant resident project representative, inspector, and cost engineer have allowed her to gain a broad scope and solid understanding that allows her to lead successful construction projects. Sr. Resident Engineer Malcolm Pirnie. the Water Division of ARCADIS DETAILED JENCE - a Cuty of Nn(,Ii_ster. Percy D. Muller WTP Upgrade ProjectfWunchestf 15 VA. Design-Bid-Build, $20 million) Ms Irby-Butler leads a Engineer-Owner blended team consisting of engineers, technicians and inspectors as construction manager (CM) for the WTP Upgrade. The project consists of a Graduate studies in MSEnv Water single construction contract initially planned for construction to occur over 32 Resources Arizona State University months. Currently the project is anticipated to be completed ten months Graduate studies in M.Sc. Construction ahead of schedule. The project components consist of a new high service Management Arizona State University pump station, two prestressed concrete ground storage tanks (clearwells), a BS Civil Engineering University of So Uth Alabama 2000 new chemical facility, a new dewatering facility, a new gravity thickener, settled residuals and recycled water pump stations, liners for two existing lagoons, work at a remote raw water pump station including building addition, Professional Engineer pump and motor replacement, new variable frequency drives, new traveling Certified Construction Manager water screens and a new potassium permanganate system along with non- Certified construction Contract potable water filters, new fiber optic between the remote raw water pump Administrator station and the WTP, a new process monitoring and control system as well Certified Construction DOCUments as necessary site improvements. The project also includes 35 shutdowns Techno logist that must be coordinated to minimize the impact on plant processes. With FEMA IS100 Incident Command System the current water distribution's storage capacity, the plant cannot be out of service for more than 6 hours. As such, major shutdowns, to included utility Construction Safety Awareness 10hr power changeover to 4160V have required complex planning and OSHA 30 hr coordination to permit placing the plant in service during the shutdowns to Initial 40 Hour Hazardous Waste recharge the system. Operations Safety Training a Cuty of Jacksonvulle. Land Tr : ''Jp rade ar _ soon Project / Jacksonvulle NC. (Design-Bid-Build, $26 million) Ms. Irby-Butler lead a team Alternative Project Delivery Methods of engineers, inspectors, testing laboratories, contractors and permitting Construction Law for Architects. Engineers coordinators as the CM for LTS Upgrade and Expansion Project. This and Contractors project consisted of three independent contracts constructed in a Primavera Project Planner Training compressed schedule to meet the City's expansion needs. The project Concrete Structural Repair Methods components included 67 miles of transmission and irrigation piping, 8500ft of Lien Laws in Alabama embankment, 400,000CY of earthwork, a prestressed concrete tank, 401, Pricing a Project in the Hypercompetitive 404 and Dam Safety permits, and a 24hr - 14 day bypass pumping of the Market Hands on Application of Qualitative Risk Main Pump Station. Throughout the projection's duration, Ms. Irby-Butler Management to Project Performance provided the City with over one million dollars of negotiated savings in review of request for change orders. She also provided scheduling input that ultimately assisted the Contractor in completing the Contract months ahead of the NCDENR Consent Order. Teresa Irby-Butler, PE, CCIVI, CCCA, CDT a Cuty of Phoenux. Unufued Pant 1 / F h . AK. (CM@Risk, $104 Million) Ms. Irby-Butler served on the design and construction team for the Unified Plant 01 (UP01) Project from conceptual design through substantial Water Association. As a design engineer, Ms. Irby-Butler evaluated the support ConstrUuctioction n Management Member systems demands throughout the UP01 plant processes, modeled the CoAssociation of America. Member potable and reuse water systems, sized potable and reuse water distribution National Association of Women in piping, performed detailed design calculations for the reuse water pump Construction. Member station, and coordinated with manufacturers to ensure quality engineering. Society of American Military Engineers.. Additionally, she organized the detailed design for the foam control spray Member system and nocardia spray system required for the aeration basins. Ms. Irby-Butler also coordinated with design team members and manufacturers' representatives to provide the high pressure air system required for pneumatic tools and chemical deliveries. During the initial phases of construction, Ms. Irby-Butler coordinated with in-house, as well as, sub consultants for review of the baseline schedule. She reviewed the projects schedule of values in comparison to the Guaranteed Maximum Price (GMP) for inclusion in the re-source/cost-loaded schedule. As the construction ramped up, she served as project scheduler and mechanical inspector. Ms. Irby-Butler evaluated monthly progress payments via a cost loaded CPM schedule. Ms. Irby-Butler service on this design and construction team extended from 2000 to 2006 when the CM@Risk was put into default. Upon issuance of a completion Contract, Ms. Irby-Butler continued to support the construction team via schedule review and analysis. o Cuty of Phoenu: L Pleasant Water Treatment Pant Desugn-Buu Operate / Phoenb . Z. (DBO $230 Million) Ms. Irby-Butler began her involvement in the project after the signing of the Agreement. The initial review was to ensure the Contractor would meet the terms of the Agreement as well as the technical/performance specifications provided for the project. She attended monthly progress meetings and reviewed the monthly progress schedule. Her services continued through the construction and commissioning of the raw water intake through the finished water pumps. `u" rk Dep< rtrr t f Envuronrnentall Protection Agency Delaware e A Proje, 1 _ /'-hate P~auns, NY. (Multi-Prime $153 Million) Ms. Irby-Butler served as the Deputy Resident Engineer for the project. Her duties included review of periodic payment applications, leading progress meetings, review of the progress schedule update, and managing the inspection team. DEL 159 was bid and contracted as a multi-prime contract. As such, in review of cost proposals and time impact analysis for Contractor proposed change orders, she evaluated cross coordination amongst the four prime contractors to avoid the having the Owner add Contract time or cost for failed coordination of the general, electrical, HVAC or plumbing contractors. Ms. Irby-Butler's other duties included oversight and monitoring of removal of free elemental mercury, PCB laden oil, asbestos ceiling tile, and lead paint abatement. o Orange County struct Twun Oaks Va~~ey nge County, CA (DBO $154 Million) Ms. Irby-Butler began her involvement in the project after the signing of the Agreement. The initial review was to ensure the Contractor would meet the terms of the Agreement as well as the technical/performance specifications provided for the project. Initially she Teresa Irby-Butler, PE, CCIVI, CCCA, CDT attended monthly progress schedule update meetings onsite. Then she moved onto remote progress schedule update reviews which were coordinated with field inspection and Owner's representative staff. Ms. Irby-Butler was utilized in the review of recovery schedule analysis, time impact analysis and claims analysis for the Twin Oaks WTP DBO. Cho~~a Water Treatment Pant Expansion/Genda~e, AZ (CM@Risk $12M) Ms. Irby-Butler served as the project scheduler and RPR for the Cholla Water Treatment Plant Expansion. This project included the construction of two new filters, retrofit of existing multimedia filters with GAC filtration, construction of a new backwash pump station, removal and replacement of the existing filter control consoles, upgrades to the chemical facility and a complete replacement of the existing SCADA system . Due to County Health Department requirements, the construction and testing of the new backwash station was mandated to occur during a period of which the Arizona Canal was out of service. As such, the sequencing of the construction and testing of the new backwash station and the subsequent removal of the existing backwash pump station was a highly coordinated and well executed portion of the project schedule. • City of Phoenix: 23~d Avenue WWTP SodWm Hypoch~orute Conversation Project/Phoenix, AZ (DBB $18M) During her project controls development phase, Ms. Irby-Butler served as the project scheduler for a complex project requiring intrigued scheduling constraints for the construction of a new Sodium Hypochlorite Facility and the subsequent removal of the existing Chlorine Facilities. Due to County Health Department requirements for operational demonstration of the new disinfection facilities prior to removal of the existing chlorine facilities, complex planning and scheduling was required to maintain plant operations while constructing, testing and commissioning the new facilities and subsequent safe removal of the existing gas chlorine facilities. • City of Phoenix. Pant 3B Punt Expansion / Phoenix AZ. (DBB@Risk, $100 Million) Ms. Irby-Butler first exposure to Construction Management was while providing Commissioning Services for the Plant 3B process train at the 91St Avenue WWTP. As part of the commissioning team, she assisted in the seeding and process stabilization of the aeration basins, secondary clarifiers and the recycle activates sludge pump station. 0 V rado Development Design and Construdctuon/Phoenix, AZ Ms. Irby-Butler served on the design and construction teams for the Verrado Development in Buckeye, Arizona. During design, she provided detailed hydraulic irrigations models using the Briney Cridelle Irrigation Model for golf course irrigation. This irrigation model assisted the developer, DRM, in meeting requirements of Arizona's extreme drought plan and ultimately aided in obtaining water allocation and building permits for the development. During construction, Ms. Irby-Butler reviewed and evaluated construction schedules for the construction of the package WWTP and the effluent pipeline. • Burma ngham Water Works and Sewer Board. Varuouds Projects / Burma ngham AL. The BWWSB embarked on a $400 million capital improvements program which included various projects. Ms. Irby-Butler worked alongside various project teams and BWWSB project managers to schedule the program in a manner that met design schedules, market needs, bonding issues, and other dynamic elements that impact a program of that magnitude. While in Birmingham, she also served as Pirnie's CM for several projects for the BWWSB. These projects included: South Dam Rehabilitation Project, GAC Demonstration Project, Sodium Hypochlorite Facilities Project, and several other capital improvements projects. Her role as CM included managing inspection staff, reviewing progress payment, reviewing and negotiating change orders, conducting/attending progress meetings, and reviewing progress schedules. Mr. Soni has participated in various environmental, water, and wastewater treatment projects, both municipal and industrial. His engineering design Chetan Soni, PE experience includes water and wastewater plant expansions and modifications, pipelines, and pumping stations. He has extensive experience in construction administration for municipal water and wastewater construction Administration treatment projects. Additionally, he has conducted groundwater remediation, feasibility studies, and evaluation of treatment alternatives for Project Engineer industrial and mining wastewater. Malcolm Pirnie, Inc. 6 - AI_I °ii" s: outhsid Wastewater T- --nt ja i' E.Eng Chemical Engineering South I C Lead Construction Administrator for a wastewater Gujarat university (India) 2000 treatment plant upgrade, including a new dewatering facility and a LEED- MS Civil Engineering university of Utah certified operations building. Responsible for providing the Engineer's 2005 design services during construction, including coordination with the Owner, Contractor, and Engineer's design team regarding submittals, requests for information, change orders, and other construction administration services. Professional Engineer Reviewed construction shop drawings for conformance to specifications certificate of completion, Pumping Systems Design (ASCE) and applicable codes, responded to design-related queries, engaged in certified construction documents construction conflict resolution, and reviewed change orders. Technologist (CDT) i... Treatment K m ire-ar Lead Construction Administrator for a construction safety Awareness wastewater treatment plant odor control facility improvements project. Initial 40 Hour Hazardous Waste Responsible for providing the Engineer's design services during operations Safety Training construction, including coordination with the Owner, Contractor, and Health and safety orientation Engineer's design team regarding submittals, requests for information, change orders, and other construction administration services. Reviewed construction shop drawings for conformance to specifications and American society of civil Engineers applicable codes, responded to design-related queries, engaged in Water Environment Federation construction conflict resolution, and reviewed change orders. u i Pint m Malcolm Pirnie, Inc. 2007 to present u i T Participated in the MWH Global, Inc. 2005 to 2007 improvement/rehabilitation of a 330-mgd water treatment plant. Lead designer of the sludge pump station which included up to six 140 hp submersible pumps. Responsible for equipment sizing and selection, hydraulic calculations, preparation of equipment specifications, and development of contract drawings in coordination with members of other disciplines involved. 71 1." 1 , - rate ~ i / R' 1; 4 Provided reliability enhancements for an 87-mgd expansion of a water treatment plant. As the Lead Construction Administrator, responsible for providing the Engineer's design services during construction, including coordination with the Owner, Contractor, and the Engineer's design team regarding submittals, requests for information, change orders, and other construction administration activities. Reviewed construction shop drawings for conformance to specifications and applicable codes, responded to design-related queries during construction, and participated in construction conflict resolution. The total construction cost was about $26 million. • Tr. . i °i y , Trani f i° u - I uction / Bedford T a Lead Construction Administrator for the transfer of a service main required as part of the added expansion of a water treatment plant. The pipeline is 6 miles long and has sections ranging from 24 to 60 inches in diameter. Responsible for providing the Engineer's design services during construction, including coordination with the Owner, Contractor, and Engineer's design team regarding submittals, requests for information, change orders, and other construction administration activities. Reviewed construction shop drawings for conformance to specifications and applicable codes, responded to design-related queries during construction, and participated in construction conflict resolution. The total construction cost was about $20 million. • City of Irvin,- o Four Pur / K. A new pump station was built as replacement for an aging 49-mgd pump station, including a new pump station building and six new pumps. The total construction cost was about $15 million. As the Lead Construction Administrator, responsible for providing the Engineer's design services during construction, including coordination with the Owner, Contractor, and the Engineer's design team regarding submittals, requests for information, change orders, and other construction administration activities. Reviewed construction shop drawings for conformance to specifications and applicable codes, responded to design-related queries, engaged in construction conflict resolution, and reviewed change orders. • New Yo City D EP Core. m4 Taflman island r oiiution Control Plant - Construction Admi / New Ya As member of the construction management team of a $2.5 billion plant modification project at the Tallman Island Water Pollution Control Plant (WPCP) in New York City, responsible for coordination between the contractors and the Engineer, negotiating change orders, updating the construction drawings and specifications, and assisting the inspectors on the job. • City of f _ _ A it prier entation at Union i T Plant / AZ. Participated in modifications to a 160-mgd water treatment plant. Member of a design team responsible for a postfiltration GAC contactor facility that includes contactor basins, contactor pump station, and a service water system with a hydropneumatic tank. Lead designer of the contactor pump station which included up to 250 hp mixed flow pumps. Responsible for equipment sizing and selection, hydraulic calculations, preparation of equipment specifications, and development of contract drawings in coordination with members of other disciplines involved. • City of _ i wni 4 Treatment Plant Office Engineeri_ on __•k__ Admii / Phoc " A 4 Key member of the team that evaluated modifications to a chemical trench and piping layout to assist the client in capital cost savings on a subsequent project. Project tasks included selection of pipe size and material, development of pipe layouts, design of pipe support systems, design of the leak detection system, and preparation of specifications. Reviewed shop drawings for various process equipment systems and the piping layout for conformance to contract specifications and applicable codes. He also reviewed and compiled the final contract documents for two job orders involving the installation of additional bar screens, the replacement of the load center LC-MB transformer, and the installation and replacement of related equipment accessories for both job orders at the plant. Additionally, he participated in the startup and commissioning of a 40-mgd wastewater treatment facility involving headworks, primary clarification, 4-pass aeration system, secondary clarification, and effluent chlorination. Specific tasks included operating and monitoring plant equipment and ensuring that the process targets were met. Eu° _ m Piau / - A: Performed modifications to a 1.0-mgd wastewater treatment plant. Member of the design team responsible for the RAS pump station and RAS piping layout. Specific tasks included equipment sizing and selection, hydraulic calculations, development of contract drawings in coordination with other disciplines, and detailed evaluation of treatment system capital costs. T / NJ. Member of the design team that was responsible for the design of a metal precipitation system for a patented sediment-washing process. The treatment system included chemical conditioning, solids/liquid separation, pH control, sludge handling and dewatering, and effluent filtration. Specific assignments were contaminant data analysis and treatment process selection. • City of C___ of 157th Agar°__ r .'_.nati_.. AZ. Assisted in the design of an equalization (EO) tank and accessories as part of the plant's expansion from 4 mgd to 6 mgd, with provision for future expansion (up to 22 mgd). Designed tank, jet-mixing system, and the EO feed pump station. • El / T ' t L. Worked on storm mitigation projects across Florida funded collaboratively by the State of Florida and FEMA. Prepared scope of work and cost/benefit analyses, and conducted final inspections of work performed. • Eu i C Irr I AZ. Prepared preliminary design of the .1 1 irrigation system of a golf course. Effluent was to be transported by gravity from a nearby wastewater treatment plant. Designed an on-site storage pond, booster pump station, piping layout, and irrigation headers. Performed hydraulic calculations for the irrigation system and selected equipment including pumps, pipes, and fittings. Performed cost analyses for three different options for the system. The cost analyses included capital costs as well as annual operation and maintenance costs. • HHl Air E onitoring rograr L UT. Collaborated with the groundwater monitoring program at Hill Air Force Base in the detection of toxic VOCs (volatile organic compounds). The groundwater monitoring program required periodic sampling of monitoring wells, data analysis and review, and the generation of groundwater contamination control models. I F _nvir m 1 L it / F r. Participated in the evaluation of future treatment system needs and applicable treatment system process options for groundwater that could become contaminated with mercury and cyanide. Work included evaluation of treatment system capital costs, operational costs, and effluent predictions for a 30-year treatment system life cycle. Cu 1 Uerut; -'l ..a , • Treatment am' E 'Qy+ Study / IF ° - ° Member of a team responsible for the design of a 10-mgd oil refinery wastewater treatment system, including oil/water separation, biological treatment, and filtration for the eventual reuse of plant treatment system effluent. Tasks included process and equipment selection, process mass balance calculations, and estimation of capital as well as projected operational costs. EXHIBIT 7 City of Denton Lake Lewisville Water Treatment Plant Upgrade Bid / Construction Schedule The following table summarizes the current projected schedule for bid and construction of the City of Denton Lake Lewisville Water Treatment Plant Upgrade project. Milestone Projected Timeframe Advertise for Bids FebruaiN- 2011 Open and Evaluate Bids March 2011 Board Approval April 2011 Council Award Mav 2011 Construction Notice to Proceed June 2011 Substantial Completion August 2013 Final Completion September 2013 AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Planning and Development/Community Development ACM: Fred Greene SUBJECT Consider approval of a resolution by the City of Denton, Texas authorizing the City Manager to sign and submit an amendment to the previously amended 2008 Action Plan for Housing and Community Development submitted in June 2008 to the U. S. Department of Housing and Community with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the American Recovery and Reinvestment Act; and providing for an effective date. BACKGROUND After completion of the Redwood Sewer project funded with CDBG-R (Recovery Act funds) there was approximately $60,000 remaining to be expended. Community Development staff reviewed the applications for 2011-12 funding and talked with Parks and Recreation staff regarding potential projects that could be completed quickly. As a result of these discussions, CD staff recommended to the Community Development Advisory Committee (CDAC) that the following activities to be funded with the remaining CDBG-R funding. Staff also recommended that $8,235.13 in CDBG-R administration funds be transferred for project expenses. • Fred Moore Electrical Work - $14,164.87* • Denton Christian Preschool Playground - $13,895.00 • Minor Repair Program - $5,000.13 • MLK & Denia Playground Shade Strictures - $41,013.00 • Administration - $7,331.83 *The Fred Moore Electrical project was previously included in the 2008 Action Plan. Additional funds have been added to the project. An amendment is not required to increase the project budget by less than 10% of the total allocation. The small amount of funding for the Minor Repair Program (MRP) will allow staff, after completion of all projects, to move any remaining funds to support the MRP program without requiring additional amendments. This would ensure that all CDBG-R funds are spent by the deadline and no stimulus funding is returned to HUD. OPTIONS Option 1 - Approve the amendment to the 2008 Action Plan regarding the CDBG-R funds as recommended. Option 2 - Deny approval of the CDBG-R Amendment and request that the CDAC and Community Development staff consider alternative projects. RECOMMENDATION The CDAC recommends approval of the amendment and proposed activities. ESTIMATED PROJECT SCHEDULE CDBG-R funded projects should be complete and all funds expended by September 1, 2011. PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee reviewed staff recommendations for the expenditure of the remaining CDBG-R and recommended approval at their meeting on March 25th FISCAL INFORMATION All projects and programs approved under the amendment to the 2008 Action Plan are funded with CDBG-R funds. No general fund dollars are included in the proposed activities. EXHIBITS 1. 2008 Action Plan Amendment and Revision Chart 2. March 25, 2011 CDAC Minutes 3. Resolution Respectfully submitted: Marls A. Cunningham, AICP, CMP Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator Exhibit 1 DENTIN Ciy ofDenton CDBG` - Recovery Funds Substantial Amendment u{ Human fl, Services Public Improvements 4 .a r Park Facilities Prepared for the U. S. Dept. of Housing and Urban Development Approved by Denton City Council on June 2, 2009 Submitting Amendment to Denton City Council on May 17, 2011 www.cilyofdenton.com ADA/EOE/ADEA Exhibit I AMENDMENT INTRODUCTION The City of Denton is proposing to amend the 2008 Action Plait for Housing and Community Development approved by the U. S. Department of HUD on August 17, 2009. The City of Denton proposes to reallocate a total of $59,908.13 in Community Development Block Grant Recovery (CDBG-R) funding to the following new activities: Denton Christian Preschool Playground Improvements $13,895.00 Minor Repair Program $5,000.13 MLK Center and Denia Park Playground Shade Strictures $41,013.00 TOTAL $59,803.13 FUNDING SUMMARY The table below shows all of the proposed changes to the CDBG-R funding including those changes that did not require an amendment. The chart on page 3 and 4 titled CDBG-R Activity Data Spreadsheet provides project information on all the projects. CDBG - R FUNDS CURRENT AMENDMENT REVISED Administration $20,165.00 -$8,235.13 $11,929.87 AIDS Services of North Texas $4,500.00 $0.00 $4,500.00 Day Stay for Adults $4,450.00 $0.00 $4,450.00 Family Health Care $3,500.00 $0.00 $3,500.00 Fred Moore Park Improvements $36,752.00 $8,651.19 $45,403.19 HOPE, Inc. $4,550.00 $0.00 $4,550.00 Redwood St. Sewer Replacement Project $154,000.00 -$60,324.19 $93,675.81 RSVP $2,500.00 $0.00 $2,500.00 SPAN, Inc. $2,500.00 $0.00 $2,500.00 Denton Christian Preschool Playground Improvements $0.00 $13,895.00 $13,895.00 MLK Center and Denia Park Playground Shade Strictures $0.00 $41,013.00 $41,013.00 Minor Repair Program $0.00 $5,000.13 $5,000.13 TOTALS $232,917.00 $0.00 $232,917.00 Page 1 CITIZEN PARTICIPATION To ensure citizen participation in the CDBG-R Amendment, the city followed CDBG-R regulations for amendments. An advertisement was placed in the Denton Record Chronicle on Thursday, April 13, 2011. The advertisement summarized the plan and announced to the public the process for submitting comments to the City of Denton. The advertisement also stated that the City of Denton would take comments on the amendment for seven days until April 20, 2011. No comments were received during the comment period on the CDBG-R amendment. Page 2 W') \O O\ \O N O O N O \O N oo ~n O O O O O N_ O `O o0 M v 7t E!] ~ Cf? Cf? ~ Cf? ~ Q ~Q Cf? E!) M N O `o a\ `o O O O N O Cf? N M Cf? E!) O O i. ~ p-0 \O \O O N v~ 't M f!] 7t N M f!] Q ? O Cf? ~ ~ ~ ~ Ef3 E!) ~3 Ef3 ~ E!) E!) E!) Z -M-i Q l~ O O O O~ O O O 0o O ~n O ~n oo O O N 7t 7t M O 7t N N by 0 Cf? E!) E!) 7t Ef3 \O Cf? E!) V ~ ~ f!] ff? ff? A ? cz ~ " O U" O U~ O U~ O U " O" O U " O" O U~ O U ;..o 0 U U U rr~~I 0 CA N N N CA CA Vl a! 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U d cd a cli o Exhibit 2 Community Development Advisory Committee March 25, 2011 Minutes Members Present: Chris Briggs, Bob Gorton, John Siegmund, Cathy Tedrick, and Dorothy Watts - Vice Chair Member Absent: Herbert Holl, Gerard Hudspeth and Ray Jordan Staff Present: Barbara Ross Dorothy Watts, Vice Chair, called the meeting to order. She asked members if there were any additional changes to the minutes of March 4t" meeting. John Siegmund pointed out one minor correction on page 3. Bob Gorton made a motion to approve the minutes as corrected. Cathy Tedrick seconded the motion. The motion was approved unanimously. Barbara Ross explained the reallocation of the CDBG-R funds. She stated that there was approximately $60,000 left after completion of the Redwood Sewer project and that staff recommends that the remaining funds be allocated as follows: • Fred Moore Electrical Work - $14,164.87 (An additional $10,832.87 was added to the original allocation of $3,332 for additional electrical upgrades in the park.) • Denton Christian Preschool Playground - $13,895.00 • Minor Repair Program - $5,000.13 • MILK & Denia Playground Shade Structures - $41,013.00 • Administration - $7,331.83 Ms. Ross noted that staff also recommends the transfer of $8,235.13 in CDBG-R administration funding to project funding. She commented that the Fred Moore Electrical work was included in the original list of projects but additional funds have been allocated to the project. Also, a small amount of funding for the Minor Repair Program is being recommended so that any funds remaining after all projects are complete, can be moved and used in that program without requiring additional amendments. This would ensure that all CDBG-R funds are spent by the deadline and no stimulus funding is taken back by HUD. Mr. Siegmund asked what other members thought about the playground covers. There was some discussion regarding material covers vs. steel. It was noted that Parks Superintendent, Jim Mays, prior to the start of the meeting, indicated that the covers usually last 10 to 12 years. Ms. Watts asked where the cover would be placed at MILK. Ms. Ross responded that it would be at the back of the building over the playground area. Chris Briggs moved that the committee recommend that City Council approve the CDBG-R amendment. John Siegmund seconded the motion. The motion was approved. Page 1 of 2 Exhibit 2 Ms. Watts asked Ms. Ross to explain the staff request regarding the Denton Affordable Housing Corporation (DAHC) 2011-12 allocation recommendation. Ms. Ross stated that the request and subsequent allocation of funding to the DAHC was not sufficient to meet the HOME Program regulations. DAHC, as the City's only certified Community Housing Development Organization (CHDO), must spend at least 15% of the City's HOME allocation on projects. The $85,000 allocated to DAHC would leave only about $7,000 for operating costs. DAHC had requested $25,000 to assist with operating costs. Ms. Ross stated that the CDAC could take the $15,000 previously added to the Minor Repair Program budget and allocate it to provide DAHC with a total of $100,000. Approximately $78,000 would be dedicated to housing programs and projects, the remaining funding could be used for operating costs. Bob Gorton moved that the committee revise their recommendations to include the $15,000 in the DAHC allocation. Cathy Tedrick seconded the motion. The motion was approved unanimously. Ms. Ross stated that DAHC has also requested that they be allowed to use $23,000 in 2006 funding for operating costs. Ms. Tedrick asked about DAHC's 2006 allocation and the need for additional operating funds. Ms. Ross stated that DAHC had received an allocation of $140,000 in 2006 for their Affordable Housing Opportunity Program. The funds were to be used to assist with the purchase, renovation and subsequent sale of single-family units to income-eligible households. Ms. Ross noted that all of the funds except the remaining $23,000 were expended on projects. She added that DAHC had previously used some of their income from the sale of properties to support their operations however, housing sales have slowed and this is the main reason that DAHC is requesting to use the 2006 residual funds for operating costs. Ms. Ross indicated that she had contacted the City's representative at the US Dept. of Housing & Urban Development to see if previous year funding could be reallocated for this purpose and it was approved. Mr. Briggs made a motion that the committee recommend an amendment to allow DAHC to use the $23,000 in 2006 funding for operating costs. Mr. Siegmund seconded the motion. The motion was approved unanimously. Ms. Watts asked if there was any further business. Ms. Ross told the committee members that the initial presentation to City Council by the committees would be on May 3rd at the work session. A public hearing on the proposed Action Plan will also be held that evening during the regular session. Staff will go to Council for final approval of the Action Plan on May 17tH The meeting was adjourned. Page 2 of 2 Exhibit 3 s:\iegal\our documents\resolutions\11\amendment res cdbg-r 2011.doc RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 2008 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT SUBMITTED IN JUNE 2008 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND THE AMERICAN RECOVERY AND REINVESTMENT ACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, as a recipient of Community Development Block Grant Recovery (CDBG-R) fiends under the American Recovery and Reinvestment Act, has developed, using the required public notification process, an amendment for use of the City's remaining CDBG-R funds in the amount of $59,803.13; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, authorizes the City Manager to submit to the US Department of Housing and Urban Development an amendment for the reallocation of CDBG-R funds previously included as a substantial amendment to the 2008 Action Plan for Housing and Community Development with appropriate assurances for CDBG-R funds under the Housing and Community Development Act of 1974, as amended, and the American Recovery and Reinvestment Act: SECTION 2. The City Council authorizes the City Manager or his designee to handle all fiscal and administrative matters related to the amended Action Plan; and SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK BURROUGHS, MAYOR Exhibit 3 s:\Iegal\our documents\resolutions\ll\amendment res cdbg=r Mll.doc. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY s BY: AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to an agreement with Trilliant Networks, Inc. for Phases II and III of the Advanced Metering Infrastructure System (AMI); providing for the expenditure of funds therefor; and providing an effective date (RFSP 4485-First Amendment to Agreement for Advanced Metering System Infrastructure awarded to Trilliant Networks, Inc in the estimated amount of $2,562,991 for a total estimated contract award amount of $9,357,607). (The Public Utilities Board approved this item by a vote of 6-0). FILE INFORMATION On July 20, 2010, the Denton City Council passed Ordinance No. 2010-180, awarding Request For Sealed Proposals (RFSP) 44485 to Trilliant Networks, Inc. for the amount not to exceed $1,391,307.04 to provide equipment and services for the Phase I installation of the Automated Metering Infrastructure (AMI) Project for Denton Municipal Electric (DME). The vision for this project was initiated in 2008, when the PUB and Council approved a pilot testing of 500 meters of AMI technology. This testing was successfully completed and the solicitation was sent to the marketplace on March 9, 2010 for competitive sourcing. The original solicitation documentation (RFSP) indicated that the City of Denton intended to replace all of its 45,000 electric meters with this new technological solution in separate phases of installation over the next five years, which had a total cost estimate of $9,357,607. The first phase of installation has been completed, and DME has requested to implement the Phase II and Phase III of the installation. Phase II will consist of approximately 7,449 meters, 13 extender bridges, relocating the Trilliant hosted server to City owned server to be housed and maintained by Technology Services, Wide Area Network (WAN) software and Trilliant services in the estimated amount of $549,270. Phase II total estimated cost is $1,352,920. Phase III will consist of completing the WAN network and additional metering equipment with an estimated cost is $1,210,070. Attached are the Statement of Work submitted by DME, and the pricing submitted by Trilliant (Exhibit 1), which would be considered a subsequent purchase order release to the original contract 44485. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 20, 2010, the Denton City Council passed Ordinance No. 2010-180, awarding RFSP 44485 to Trilliant Networks, Inc. for the amount not to exceed $1,391,307.04. The Public Utilities Board approved this First Amendment at its May 9, 2011, meeting. Agenda Information Sheet May 17, 2011 Page 2 RECOMMENDATION Approve the First Amendment to an agreement with Trilliant Networks, Inc. for Phases II and III of the Advanced Metering Infrastructure System (AMI) in the estimated amount of $2,562,991 for a total estimated contract award amount of $9,357,607. PRINCIPAL PLACE OF BUSINESS Trilliant Networks, Inc. Redwood City, CA ESTIMATED SCHEDULE OF PROJECT DME plans to convert all of its electric meters to a full AMI system over the next five years at a total estimated cost of $9,357,607contingent upon AMI technology remaining the same. During this five year time period, if new AMI technology becomes available, DME can exercise their option to issue a new Request For Proposals (RFP). If new technology does not present itself, DME will limit the effect of this RFP to $9,357,607 or five years, whichever comes first. FISCAL INFORMATION Phase II and Phase III will be funded from account 4602324497.1350.3700. An additional amount will be added to the existing Purchase Order 149733. EXHIBITS Exhibit 1: Statement of Work and Pricing Exhibit 2: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance I -.CIS-RFSP 448 5 Exhibit 1 STATEMENT OF WORK ("SOW") NO. 2010-02 File 4485 This Statement of Work (SOW) defines a Statement of Services, Schedule and Price for work to be completed by Trilliant Networks, Inc. ("Trilliant") for Denton Municipal Electric ("Customer" or "DME"). Unless specified otherwise within this SOW all work completed under this Statement of Work will be in accordance with the terms of the Agreement for Advanced Metering Infrastructure ("AMP") Project dated 063010. AUTHORIZATION This Statement of Work is authorized and made an attachment to the above-identified Agreement. Authorized by: Accepted by: Customer Trilliant By: By: (Signature) (Signature) Name: Name: (Please print) (Please print) Title: Title: Date: Date: Trilliant Confidential STATEMENT OF WORK ("SOW") This document provides the Statement of Work ("SOW") for Denton Municipal Electric Phase 2 and 3 of the Customer Smart Grid communications infrastructure deployment project. The document includes responsibilities for both Trilliant and Customer. Any exceptions outside of this statement of work require change order documentation and a mutual agreement by all parties. Project Objective This Statement of Work document is focused on Phase 2 and 3 of the project that is expected to be completed during the Denton Fiscal year of 2011-2012. The objectives of Phase 2 and 3, which will run from the date of contract signing to September 30, 2012, will be to: 1. Complete installation of SecureMesh Network, per network design delivered in Phase 1. 2. Installation of electric meters as delivered through SOWS in DME service territory. 3. Transition of HES, currently hosted by Trilliant, to DME Facilities. 4. Implement integration with Itron IEE MDMS. Scope of Work Overview Specifically, Trilliant will provide the following services during Phase 2 and 3: 1. Procurement of required WAN/NAN equipment per Network Design delivered during Phase 1. 2. Provide Hosting Services for UnitySuite head end system and Phase 1 deployed meters at Trilliant headquarters in Redwood City, California 3. Maintain Hosted solution during Phase 2 until transferred to DME on or before September 30, 2011. 4. UnitySuite NEMS at Denton a. NEMS is run by Trilliant while hosting HES 5. Transition of HES system from Trilliant Hosting Facilities to DME Facilities a. Transition scheduled to begin during phase 2 and be completed on or before September 30, 2011. 6. Support integration of the hosted Trilliant UnitySuite with Itron IEE MDMS 7. Operate the Trilliant solution on a daily basis to ensure the data is available for 98% of meters by 9 AM Pacific Time the following day. 8. Implement security on the SecureMesh communications network Project Deliverables To meet the above objectives Trilliant shall provide the following deliverables: 1. Hardware Trilliant will provide procurement and integration services for Phase 2 and 3 including the following activities: • Manage the network equipment ordering. • Ensure that meter and module configurations are consistent and accurate. • Serve as the single point-of-contact for manufacturing, delivery and failure issues. Trilliant shall provide the following SecureMesh Communication Network infrastructure, metering and other end-point products: Network Equipment: • WAN Devices o SecureMesh Gateways o SecureMesh Extender Bridges • NAN Devices o SecureMesh Repeaters o SecureMesh Meters 2. Program Management and Deployment Support Services Trilliant shall provide services to support the delivery and deployment of the solution at Customer. Following is a description of the included services as outlined in the Price section following. Proiect Management: The project director shall be responsible for Trilliant's portion of the project acting as the lead for overall project management services including: • Ensure collaboration as needed for a successful delivery of Phase 2 and 3 • Submit Trilliant deliverables based on the most-current, approved Denton project plan with authorization to provide approvals and escalation as required • Request information necessary to order and configure network and meter products for Denton • Attend status calls with Denton including network and meter performance debriefs • Create with client success criteria for Phase 2 and 3 • Provide weekly status reports including o Tracking of time and expenses o Status of deliverables per the most-current, approved project plan • Coordinate and escalate with Trilliant executives and resources as appropriate • Assist in tracking and managing issues • Support change control • Develop and maintain the detailed project plan, which will be reviewed at weekly status meetings to ensure the schedule is achieve Training Services - based on a mutually agreed upon number of individuals to be trained: Trilliant will provide during Phase 2 the following training-related items: • Courses o User training for UnitySuite Metering software o Use of ProCare field tool o Field installation of Hardware including meters and collectors • Documentation o Electronic copies of presentations, user guides and other documentation covered in the training course. Acceptance Testing Services: Operate the Trilliant solution on a daily basis to ensure data is available for 98% of meters by 9 AM Pacific Time the following day. 3. Services Assurance and other Support Services Head End System Implementation Trilliant shall provide and be responsible for the tasks and services described below # Key Deliverables/Activities Description 1. Analyze Requirements identification and analysis 2. Design Consultation on sizing and configuration of the overall system components, inputs, outputs and data flow 3. Construct Installation and configuration of the Trilliant UnitvSuite system to support integration with the MDMS and others as identified 4. Test Creation and execution of functional test plans and support for integration and system test plans and testing 5. Train Creation and execution of training plans throughout project 6. Implement Go Live Planning, Transition and Production Support 1. Analyze Phase The completion of this deliverable will occur when the Phase 2 project is closed. Deliverable Assumptions 1. All project resources will use methodologies, tools and templates as mutually agreed upon by DME and Trilliant Project Managers. All deliverables completed by Trilliant will conform to standards defined and agreed upon by DME and Trilliant. 2. Trilliant will provide the DME team members with a standard set of Trilliant documentation such as technical architecture, functional and technical specifications, training materials etc. for DME's use in preparing for and executing the Project. 3. DME will provide a single issue tracking / resolution tool for the entire project team. 4. Trilliant has identified requirements workshops for UnitySuite product components and configuration, and data conversion requirements. Trilliant expects that the appropriate DME Subject Matter Experts will be able to participate in these workshops. Poor attendance or inability to quickly resolve discussion items within the workshops (e.g., within 24 hours) will increase the time to complete the requirements gathering activities. Deliverable Tasks # Task anal Description Trilliant Responsibility DME Responsibilit, L Kick-off Meeting - First on-site meeting of the Project Schedule the Host meeting at their Team. The sessions will include: meeting and provide location and invite ■ System demonstration if required agenda participants. ■ System Training ■ Definition of roles and responsibilities ■ Discussion of the documentation that will be used in the course of the project. ■ Review Project schedule ■ System architecture discussions ■ Set "next steps" and action items ■ Establish regular Project review meetings schedule Solution Analysis Description, Strategy and Completion Criteria The approach to this deliverable will start with a j oint review of the defined business requirements, Trilliant system architecture requirements and DME IT requirements. From this review, the Trilliant and DME teams can finalize the detailed requirements to be included in this phase. Requirements documents will be created by Trilliant, with input expected from both DME and the MDMS vendor. Once the requirements have been reviewed and accepted by DME, Trilliant will be able to develop an overall plan for the integration component of the project, encompassing: • Functional Design • Integration implementation and testing, including connectivity • Training • Deployment At the completion of this plan, the integrations required to pass data to and from the UnitySuite system are defined in support of the Meter to Bill capability, per the project plan. Deliverable Assumptions 1. Integration will utilize existing UnitySuite interface functions to integrate with the Itron MDMS system 2. File vs. service based integration for each type of information passed will be determined during execution of SOW. Generally it is expected that larger files (e.g. daily meter reads and profile data) to be passed using file-based processes, while direct call-response activities (e.g. ad hoc read requests and disconnect commands) to be supported using web services. As detailed requirements are established, the type of interface will be finalized. Deliverable Tasks # Task anal Description Trilliant Responsibility DME ResponsibilitN 1 Facilitate Solution Requirements Lead all activities Will participate in all Workshops. Activities include: workshops. - Workshops to include (not necessarily - Scheduling the Coordinate internal presented in this order): session resources. - Session 1 : Core Functional Processes - Preparing agenda Coordinate bringing Requirements - Facilitating the in other vendors, as a. Data collection / retrieval workshops needed, for sessions. b. Error handling - Capturing decisions, provide facilities for c. Data Migration action items and sessions. - Session 2 : Interfaces & Integration issues a. Imports b. Exports c. Interfaces & APIs - Session'): Reporting & Administration a. Reporting b. System Administration c. Security- - Session 4: Technical Requirements a. Hardware, O/S, storage b. Network c. Database d. Environments 2. Design Phase Description, Strategy and Completion Criteria Trilliant and DME will sign off on the requirements documents before proceeding with configuration and build of associated components. At the completion of this deliverable, DME and Trilliant will have agreed to and documented the configuration and system architecture. Deliverable Assumptions 1. DME will ensure that subject matter experts are available for all system components that will integrate with the UnitySuite system or use UnitySuite data. 2. Trilliant will work with DME to schedule design sessions and produce the system architecture and configuration documents. 3. System configuration documentation (technical architecture and business designs) will include flow charts, process outputs and report descriptions, as needed. 4. DME has some documented existing (As-Is) business processes, known requirements, current system architecture and file stricture / data model and data flow. Trilliant has an assumed time requirement for review but not creation of associated documentation. 5. DME will provide resources to support development effort including access to Itron IEE experts during the design phase and testing of file formats as the IEE interface process is developed. 6. DME is responsible for any data extractions, data updates or customization to internal systems. Deliverable Tasks # Task and Description Trilliant Responsibility DME ResponsibilitN 1. Confirm har&v are requirements and Primary Support with DME IT configuration guidelines for UnitvSuite requirements solution applications. 2. Deteimine number of environments and Shared Shared requirements for each (production, test, etc....) to include installation planning and configuration management 3. Complete System Architecture design Trill ant will write DME will review document. document and sign upon document and sign agreement. upon agreement. 4. Procure Hardware Primaiv 5. Complete UnitySuite Primacy responsibility Participate in design implementation design documents. for creation and sessions and review / Document(s) define: documentation. sign-off on completed Solution Design ( requirements for document. Integration points(e.g. MDMS), system operations, security requirements) Technical configuration and setup. Confirm requirements for data to be used for testing and develop plan to support. Transition Plan from Itron Hosting to an environment hosted by DME 6. Design IEE interface Primary Support 3. Construct Phase Description, Strategy and Completion Criteria This phase includes the installation and configuration of UnitySuite as defined by the System Architecture design and UnitySuite implementation design documents. This phase also includes functional testing of UnitySuite to confirm stand-alone operation as defined in the UnitySuite functional test plan. At the completion of this deliverable, UnitySuite UES is installed, tested and ready for operation and integration testing. DME and Trilliant will sign off on the configuration, installation and functional testing of UnitySuite. Deliverable Assumptions 1. It is expected that a test system will be available during the implementation of this project. It is advisable to maintain a test system at all times. If a test system is not maintained and DME requires Trilliant to perform trouble-shooting, upgrades, customizations, or other work on the system(s), then additional estimates, time and costs may be required. 2. DME will be responsible for developing and implementing any disaster recovery (DR) plan, including procuring, installing and testing necessary hardware and UnitySuite and securing any required services and resources. 3. DME will provide Trilliant a local administrator account on all UnitySuite servers for remote Trilliant access. This will include VPN (or equivalent) access to the system as agreed between DME and Trilliant. 4. Devices secured by the Trilliant hosted system will need to be re-secured on DME's hosted system. 5. All prerequisite hardware and operating system, database and any 3rd party software for the UES and Trilliant testing tools, are the responsibility of DME and will be installed and configured by DME. 6. Desktop requirements for all DME systems users will be the responsibility of DME's IT group to purchase, install and configure prior to the start of the Constrict Phase. Deliverable Tasks # Task and Description Trilliant DME Responsibility Responsibility 1 Installation and configuration of Primary Support UnitvSuite in DME environments 2 Functional Testing of Unitvsuite Primary Support 4. Test Phase Description, Strategy and Completion Criteria To ensure component, system and solution operation, testing will occur throughout the phases of the project. Note that the efforts required for some testing is included in other deliverables and noted below. At the completion of this deliverable, all testing provided within the scope of this project has been performed. Deliverable Assumptions 1. DME will provide environments for testing. 2. Each testing deliverable will have a test plan with test scenarios agreed to by DME and Trilliant. 3. To ensure that the DME system is fully operational and ready to support DME business objectives, the testing approach will include the following activities/deliverables: • Test Plan - identifies the approach, roles and responsibilities, test cases and success criteria. • Test Cases - designed to validate functionality, scalability, security and usability. • Pre-Testing - provide a pre-testing session to ensure all participants understand the solution and testing procedures. • Testing - the actual execution of the tests. • Obtain Test Case Sign-Off - ensures test was completed and expected results achieved. • Obtain Solution Test Sign-Off - marks the end of the testing and DME is ready to deploy in a production environment. 4. During testing, the following types of tests are typically conducted: • Functional testing includes routine tests performed anytime a product is installed or upgraded. It ensures the application operates as expected. It also tests the hierarchy and configuration to ensure accuracy of setup and expected operations. • Integration testing is performed to ensure the DME data interfaces are functioning and system components can pass data and commands as designed. • End-to-End "Solution" testing is performed to ensure that all standard functionality, business scenarios, and custom functionality works as identified in the solution design. • Systems Acceptance - Sign off of acceptance of system based on solution testing. 5. DME will allow authorized Trilliant staff to have access to other systems as required to facilitate integration implementation, testing and troubleshooting. 6. Once the HES has been put in production, any changes will require a backout plan before implementation on the production system. Deliverable Tasks # Task and Description Trilliant Responsibility DME Responsibility 1. Conduct Pre-Testing Training Primacy DME will attend all sessions 2. Develop Test Cases, Scripts & Data Support Primacy 3. Conf nn System Acceptance Criteria Shared Shared 4. Conduct Integration Testing Support Primary 5. Conduct End to End Solution Tests (to Support Primacy sign off on each Test Case upon completion). 6. System Acceptance Document Trilliant will prepare acceptance DME will sign upon document based on End to End agreement. Solution testing results 5. Train Phase Training Services Description, Strategy and Completion Criteria Training will be performed throughout the project to ensure that users have appropriate knowledge to install and operate the UnitySuite system. Note that some training efforts are included in other deliverables and noted below. At the completion of this deliverable, all training included in this scope of work will be performed. Deliverable Assumptions 1. DME will make appropriate staff (limited to 10 per session), facilities, PC's available for training. They will also install appropriate UnitySuite (e.g. - Key Manager) in advance of training. It is assumed that the DME standard desktop will support UnitySuite needs for training requirements. (see Exhibit 1) 2. Trilliant will provide standard documentation in support of training activities. Customized documentation or training materials are not included. 3. DME will provide environments for training Deliverable Tasks # Task anal Description Trilliant Responsibility DME Responsibility 1. Develop Training Plan Primacy Review and Approve 2. Develop Course Material Primacy 3. Primaiv DME to coordinate and Provide UnitySuite training for items make available being installed appropriate resources 6. Implement Phase Production Go Live, Transfer and Project Close Services Description, Strategy and Completion Criteria Prior to Go Live, Trilliant will prepare and review the Transition Plan document and process with DME and review the solution with Trilliant Support. This critical activity ensures that Trilliant Support Services is engaged early enough to learn the solution so they may begin to implement a plan for supporting DME upon Go Live. A Go/No-go decision meeting will be held to ensure that all required activities have been completed. Operational readiness will be reviewed to ensure that DME is ready to go live. DME AMI Project Management Office and other necessary approvals will also be required. After Go Live, Trilliant will work with the team to update all project documentation into a Final Report. This ensures all documentation is accounted for so DME may assume ownership. Trilliant will provide a post Phase 2 Review survey and report. It provides an opportunity to collect lessons learned in order to document key accomplishments and point out areas for improvement. Finally, to complete Phase 2 of the project, a review meeting is scheduled and sign-off is obtained. This documents that the solution objectives have been met. Deliverable Assumptions 1. Once transition of the project to Trilliant Support occurs, standard product support begins. 2. Post go-live, day to day operations will be handled by DME. Deliverable Tasks # Task and Description Trilliant Responsibility DME Responsibility 1. Transition to Support Plan Primary DME Nvill review Schedule and conduct a meeting with Trilliant Support to discuss designed solution and support plans 2. Conduct Operational Readiness Support Primaiv Review Go/No-Go Decision for transition to Support Primaiv production 4. Prepare Project Final Report Primaiv DME Nvill review & sign-off (directo of all deliverables) 5. Post Go-Live Activities Primai v DME Nvill review & complete • Hand out Post Project Review Survey • Prepare and schedule meeting on Project Review Report 6. Determine need for System Use Shared Shared Assessment and Optimization Session and schedule 7. Phase 2 Completion Sign-off Trilliant Nvill prepare the DME Nvill review document and Prepare document and obtain sign document and submit sign upon agreement. off for review/sign-off. Project Assumptions The following are assumptions for this project: 1. Denton is responsible for procuring all IT hardware and UnitySuite platform (e.g. OS and DBMS UnitySuite) infrastructure 2. Denton will provide appropriate contact points and support for program management, systems integration, IT, and data center. 3. Denton will provide access to facilities (desks, internet access, meeting rooms, etc.) at the data center location(s) for working sessions during this project. DENTON will define access procedures. 4. Denton will provide Trilliant remote access (e.g., VPN) for the duration of the project to Denton environments for named engineering and technical staff. 5. Unless specifically identified in this document, no custom UnitySuite development has been included in the scope of this Statement of Work. 6. Trilliant is not providing any hosting services or servers as part of this scope. Denton is responsible for procuring, setup and configuration of servers and all associated hardware, UnitySuite and network connections for all environments to support this project including, but not limited to, development and production servers, in accordance with Trilliant recommendations and specifications. 7. Denton will be responsible for troubleshooting all network related issues. Head End System Operations During Phase 2, Trilliant will operate and monitor the UnitySuite Metering head-end system consistent with the policies and procedures in place through Phase 1 and to include: • Monitoring of system performance • Investigation of system anomalies • Scheduled reports are received by time specified by client • Data Extract files are being sent successfully • Trouble tickets are handled within specified time lines of the support contract • Trouble tickets are logged and reported on (daily, weekly, monthly as specified by client) • Configure Denton's network equipment in the hosted system. • Provide initial configuration of operations reports for users and facilitate questions on standard data exports. Note: As stated previously, operation of the UnitySuite Metering head-end system will be transferred to DME on or before September 30, 2011. 4. UnitySuite Application Software and Hosting Services as defined by separate Hosting Agreement Hosting Services Trilliant will continue to provide the following hosting services as part of Phase 2: • Support for deployed Phase 1 meters only. Support for meters deployed as part of Phase 2 and beyond will not be supported as part of current Hosting Service. • Provide return material authorization (RMA) as required for inoperable or damaged equipment during the project. • Provide an online trouble ticket site and support procedures to submit and track any new or outstanding issues. • Follow Trilliant's standard service levels to support ticket resolution (as noted in the Trilliant- Denton contract.) • Provide Telecommunications network requirements including connectivity and equipment at the Trilliant data center facility to enable VPN connectivity to the Denton facility. • Provide End-to-End Connectivity Validation Report including continual validation of end-to-end connectivity for all meters connected to the network. Roles and Responsibilities The following table outlines Trilliant resources proposed for Phase 2 and 3 of the Denton project. Final determination of resources will be determined following contract signature based on availability of Trilliant resources. Title Responsibility Project Director Overall project management, scheduling, customer point of contact Sr. Architect/ Subject Matter Expert Specialized support for implementation design Network Architect Network Design Network Planner Network design support and deployment planning System Integration Lead System deployment planning lead System Integration Analyst System deployment delivery Training Technical Consultant Training development and delivery Services Assurance Analyst System operations monitoring and reports 5. Customer Responsibilities Customer will provide the following: Data/Resources Denton will provide the following to Trilliant during Phase 2 and 3: • Resources including field and office personnel to meet the Denton Detailed Project Plan including resources required to support integration of UnitySuite Metering head-end system with the Itron MDM. • Hardware including a router to support the VPN as well as all facilities required to backhaul data from Trilliant Gateways to the Head End. • Physical facilities required to host information technology equipment including servers to enable operation of UnitySuite Metering head-end system to be transferred from Trilliant to DME Project Management Denton will provide the following project management resources: • Designated project manager with authorization to provide approvals on Trilliant work and assist Trilliant in facilitating and escalating as required across Denton to ensure successful delivery of proj ect. • Weekly status meetings with project participants, and monthly executive reviews. • Training site to conduct training. • Prompt review and management of approval process within Denton for SOW requests that may be submitted to support mutually identified areas of additional work for Trilliant. • Development and maintenance of the project plan, with input from Trilliant. • Create trouble tickets for all field devices during the project • Request RMA using the Foot Prints application Impacted Procedure/Process Assessment DME will: • Develop the network and meter equipment installation/removal procedures with support from Trilliant. Final standards and procedures will be approved jointly between Denton and Trilliant. • Develop asset management processes associated with the NIC/infrastructure equipment tracking. • Update call center processes to address customer questions. Documentation DME will, as required, document: • Updates of the mapping system with installed network equipment • Installation standards for field devices General Assumptions 1. DME is responsible for procuring all IT hardware and UnitySuite platform (e.g. OS and DBMS UnitySuite) infrastructure 2. DME will provide appropriate contact points and support for program management, systems integration, IT, and data center. 3. DME will provide access to facilities (desks, internet access, meeting rooms, etc.) at the data center location(s) for working sessions during this project. DME will define access procedures. 4. DME will provide Trilliant remote access (e.g., VPN) for the duration of the project to DME environments for named engineering and technical staff. 5. Unless specifically identified in this document, no custom UnitySuite development has been included in the scope of this Statement of Work. 6. For its internal systems, DME is responsible for procuring, setup and configuration of servers and all associated hardware, UnitySuite and network connections for all environments to support this project including, but not limited to, development and production servers, in accordance with Trilliant recommendations and specifications. 6. Acceptance Criteria All areas will continue to meet the contract SLA. This consists of 98% of the meters reading on time daily. 7. Schedule A detailed schedule shall be delivered within 30 days of execution of this Statement of Work and receipt of purchase order. It is expected that all of Phase 2 SOW deliverables shall be completed no later than September 30, 2011. 8. Price and Payment Terms a.Services Resources (T&E Daily Rates) Title 2010 Rate Discount Discounted Rate Project Director $ 2,000.00 15% $ 1,700.00 Sr. Architect/ Subject Matter Expert $ 2,000.00 15% $ 1,700.00 Network Architect $ 2,000.00 15% $ 1,700.00 Network Planner $ 1,350.00 15% $ 1,147.50 System Integration Lead $ 1,500.00 15% $ 1,275.00 System Integration Analyst $ 1,350.00 15% $ 1,147.50 Training Technical Consultant $ 1,350.00 15% $ 1,147.50 Services Assurance Analyst $ 1,200.00 15% $ 1,020.00 b.Pricin2 Summary Phase 2* Network Infrastructure and Meters Quantity Unit Price Extended Price SecureMesh WAN Gateway 0 $15,200.00 $0.00 SecureMesh Extender Bride 13 $6,444.00 $83,772.00 SecureMesh Power Service Unit 13 $650.00 $8450.00 Mounting Kit for Gateway and Extender 13 $435.00 $5655.00 SecureMesh Repeater 6 $497.00 $2,982.00 SecureMesh Meters 7449 Per chart c, Phase 2 $662,791.57 Meter Mix and Quantities SecureMesh USB Radio 0 $150.00 $0.00 Unit Suite NEMS 1 $40,000 $40,000 Services 1 $549,270.00 $549,270.00 Hosting Service to support Phase 1 1 $0.00 Deployment* Total Price Phase 2 - Capital Budget $1,352,920.57 UnitySuite NEMS Software Maintenance 1 $8,000 $8,000 and Support - Operating Bud et* c.Phase 2 Meter Mix: and Quantities* Item Em Class V Res/ With With Meter With Meter Unit Extended Cum Disc Demand TN pe Batt QtN Price Price S11 itch 1 2S 200 240 Res YES NO AX SD NO 1992 $140.12 5279119.04 2 12S 200 120 Res YES NO AX-SD NO 40 $198.97 59202.00 3 16S 200 120-277 Res NO NO AX Wide NO 12 $230.05 52760.60 Range 4 2S 200 240 Res/ NO NO AL NO 5240 $ 65.12 5341228.80 Com 5 2S 200 240 Res/ NO YES AX YES 74 $141.14 510444.36 Com 6 4S 20 240 Res/ NO YES AX YES 7 $155.86 51091.02 Com 7 9S 20 120-277 Com NO YES AX Wide YES 29 $230.05 56671.45 Range 8 16S 200 120-277 Com NO YES AX Wide YES 37 $230.05 58511.85 Range 9 16S 320 120-277 Com NO YES AX Wide NO 3 $288.66 5690.15 Rance 10 2S 320 240 Res/ NO YES AX YES 5 $154.36 5771.80 Com 11 12S 200 120-277 Com NO YES AX Wide YES 5 $230.05 51150.25 Range 5 12 9S 20 120-277 Com NO YES AX Wide YES $230.05 51150.25 Range I Totals 5662,791.57 d.Phase 2 Services Breakdown* Trilliant Resources Work Davs Unit Price Extended Price Project Management Project Director 30 $1,700 $51,000 Sr. Architect/SME 2.4 $1,700 $4,080 System Implementation System Implementation Lead 96 $1,275 $122,400 System Implementation Analyst 300 $1,148 $344,250 Training Training Technical Consultant 24 $1,148 $27,540 Total Services Phase 2 Price $549,270 e.Pricim Summary Phase 3* Network Infrastructure and Meters Quantity Unit Price Extended Price SecureMesh WAN Gateway 0 $15,200.00 $0.00 SecureMesh Extender Bridge 47 $7,529.00* $353,863.00 SecureMesh Repeater 6 $497.00 $2,982.00 SecureMesh Meters TBD Per chart f, Phase $662,791.57 3 Meter Mix and Quantities SecureMesh USB Radio 0 $150.00 $0.00 SecureMesh T-Stat 0 $225 $0.00 Securemesh Aztech IHD 0 $155 $0.00 Services $190,434 $190,434.00 Total Price Phase 3 - Capital Budget $1,210,070.57 UnitySuite Software Maintenance and 1 $45,100 $45,100.00 Support no DSM (Oct 2011 - Sept 2012) - Operating Bud et* f. Phase 3 Meter Mix and Quantities* Item Fm Class V Res/ With with Meter With Meter Unit Extended Coin Disc Demand TN he Batt QtN Price price S11 itch 1 2S ~uu SOU Res YES NO AX SD NO 44 $14u.12 S## 2 12S 200 120 Res YES NO AX-SD NO $19897 S## 3 16S 200 120-277 Res NO No AX Wide NO $230.05 S## Range 4 2S 200 240 Res/ NO NO AL NO $ 65.12 S## Com 5 2S 200 240 Res/ NO YES AX YES $141.14 S## Com 6 4S 20 240 Res/ NO YES AX YES $155.86 S## Com 7 9S 20 120-277 Com NO YES AX Wide YES $230.05 S## Range 8 16S 200 120-277 Com NO YES AX Wide YES $230.05 S## Range 9 16S 320 120-277 Com NO YES AX Wide NO $288.66 S## Range 10 2S 320 240 Res/ NO YES AX YES $154.36 S## Com 11 12S 200 120-277 Com NO YES AX Wide YES $230.05 S## Range Totals S## 2. Phase 3 Services Breakdown* Trilliant Resources Work Davs Unit Price Extended Price Project Management Project Director 21.6 $1,700 $36,720 System Implementation System Implementation Analyst 60 $1,148 $68,850 Training Training Technical Consultant 24 $1,148 $27,540 Total Services Phase 3 Price $133,110 * Notes: 1. Trilliant will provide Hosting Seivices for HES to support Phase 1 meter deployments at no charge to DME until transition of HES to DME facility on or before September 30, 2011. Phase 2 meter deployments and beyond will be supported by HES at DME facility. 2. The expense for Unity Suite Software Maintenance and Support listed in the Phase 2 and 3 Pricing Sunman- is included in the total amount allocated for Phase 2 and Phase 3 but is identified as part of DME's operating budget. 3. The services total is based on estimated resource requirements and will be billed monthly based on actual time. Pricing does not include Project expenses which shall be reimbursed by DME as defined in section 6.1.3 of the Agreement for Advanced Metering Infrastructure (`AMP') Project dated 063010. 4. Meter mix and quantities have not been finalized for Phase 3 5. The quantities shown are estimates and may be increased or decreased based upon actual needs, with no increase in price. 6. The City of Denton may release purchase orders for quantities as needed. 7. Pricing is firm for shipments through calendar year end 2011. Shipments beyond this date shall be subject to escalation equal the change in the Producer Price Index Series Id: PCU334515334515 with a maximum escalation not to exceed to 3%. 8. The Unit Price of the SecureMesh Extender Bridge indicated in the Phase 3 Pricing Summail- includes the PSU and Mounting Kit. ORDINANCE NO.2011- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH TRILLIANT NETWORKS, INC. FOR PHASES II AND III OF THE ADVANCED METERING INFRASTRUCTURE SYSTEM (AMI); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 4485-FIRST AMENDMENT TO AGREEMENT FOR ADVANCED METERING SYSTEM INFRASTRUCTURE AWARDED TO TRILLIANT NETWORKS, INC IN THE ESTIMATED AMOUNT OF $2,562,991 FOR A TOTAL ESTIMATED CONTRACT AWARD AMOUNT OF $9,357,607). WHEREAS, on July 20, 2010 by Ordinance No. 2010-180, the City awarded an Agreement to Trilliant Networks, Inc., in the amount of $1,391,307.04 for Phase I of the Advanced Metering Infrastructure System; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a First Amendment to Agreement by and between the City and Trilliant Networks, Inc. be authorized to amend such agreement with respect to the scope of work and with respect to an increase in the payment amount, and said fees under the proposed Agreement are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment to Agreement, increasing the amount ofthe Agreement by and between the City of Denton, Texas and Trilliant Networks, Inc., which is on file in the office of the Purchasing Agent, in the estimated amount of Two Million Five Hundred Sixty Two Thousand Nine Hundred Ninety One and No/ 100 ($2,562,991) Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said First Amendment to Agreement. The total purchase order amount increases to 53,954,298.04 with a five-year total estimated award amount of $9,357,607. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTO EY By: 4-ORD-RFSP 4485 DENTON CITY COUNCIL AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Denton Municipal Electric (DME) UTILITIES ACM: Howard Martin, 349-8232 SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXECUTION BY THE CITY MANAGER OF A FULL REQUIREMENTS WHOLESALE ELECTRIC POWER SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND NRG POWER MARKETING, LLC., A DELAWARE LIMITED LIABILITY COMPANY; APPROVING AND AUTHORIZING THE ACCEPTANCE AND APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY OF A GUARANTY AGREEMENT ISSUED BY NRG ENERGY, INC., A DELAWARE CORPORATION FOR THE BENEFIT OF THE CITY; AUTHORIZING THE ACCEPTANCE AND APPROVAL OF A LETTER OF CREDIT EXECUTED BY NRG POWER MARKETING, LLC FOR THE BENEFIT OF THE CITY; APPROVING THE EXECUTION OF SUCH OTHER AND FURTHER RELATED DOCUMENTS, INCLUDING, WITHOUT LIMITATION, CERTIFICATES, ASSIGNMENTS, LICENSES, DIRECTIONS, INSTRUMENTS, INSTRUCTIONS, CONFIRMATIONS AND STATEMENTS BY THE CITY MANAGER OR HIS DESIGNEE, WHICH ARE INCIDENT OR RELATED THERETO, AS SHALL BE REASONABLY DETERMINED BY THE CITY ATTORNEY OR HER DESIGNEE; CONFIRMING AND RATIFYING THAT THE CITY OF DENTON, TEXAS, ITS MAYOR, ITS CITY COUNCIL MEMBERS, ITS CITY MANAGER, AND ITS CITY ATTORNEY OR HER DESIGNEE SHALL BE AUTHORIZED AND EMPOWERED TO PERFORM SUCH ACTS AND OBLIGATIONS AS ARE REASONABLY REQUIRED TO CONSUMMATE THIS TRANSACTION; RATIFYING ALL PRIOR ACTIONS TAKEN BY THE CITY COUNCIL IN FURTHERANCE OF THE FOREGOING TRANSACTION; AND DETERMINING THAT SEVERAL OF SAID DOCUMENTS PERTAIN TO A "COMPETITIVE ELECTRIC MATTER' AS SET FORTH UNDER THE PROVISIONS OF §§551.086 AND 552.133 OF THE TEXAS GOVERNMENT CODE, AS AMENDED; FINDING AND DETERMINING THAT TEXAS GOVERNMENT CODE §252.022(a)(15) APPLIES TO SAID AGREEMENT; ADOPTING SIGNIFICANT RECITATIONS, FINDINGS AND CONCLUSIONS, AS ARE SET FORTH IN THE PREAMBLE OF THIS ORDINANCE; THAT THE PURCHASE OF CAPACITY AND ENERGY, AND OTHER RELATED ARRANGEMENTS MADE BY THE CITY UNDER THE TERMS OF THIS, FULL REQUIREMENTS WHOLESALE ELECTRIC POWER 1 II SERVICE AGREEMENT ARE IN THE PUBLIC WELFARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. BACKGROUND : On June 30, 2011 at 12:00 AM, the existing Full Requirements Service with Constellation Energy concludes. Purchasing and DME distributed an RFP in which we have received offers to provide the supply of electricity needed to fulfill Denton's needs. Because of an upward price quote from the leading respondent, DME, in conjunction with Purchasing, requested a "best and final offer" (BAFO) opportunity to the top two, highest value bidders in an effort to bring the offers down in price. The results of the April 12, 2011 BAFO were presented to the City Council and DME received direction to enter into exclusive negotiations with NRG Energy. OPTIONS: 1. Proceed with the recommendations of Staff or 2. Direct Staff with Council's alternative approach RECOMMENDATION: Recommend approval of the execution of the Full Requirements Services PPA at a "cost not to exceed" price for the term of the contract. PRIOR ACTION/REVIEW (Council, Boards, Commissions): Previously discussed and reviewed by the City Council on April 19, 2011. Previously discussed and reviewed by the PUB on May 9, 2011. FISCAL INFORMATION: Funds for energy expenses are provided through DME's energy cost adjustment (ECA). EXIMITS: 1. Power point presentation will be presented during the closed meeting. I I 2 i Respectfully submitted, ,r Phil Williams General Manager Denton Municipal Electric I Prepared by: IVlichael Ste' r ~:xecutiVe Manager - Power,/Le slative & Regulatory Affairs Denton Municipal Electric' 3 c: documents and settings jerichar,local settings temporary internet filescontent.outlook 95yned3ndme-nrg ppa-ordinance-mc2 (3).doc ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXECUTION BY THE CITY MANAGER OF A FULL REQUIREMENTS WHOLESALE ELECTRIC POWER SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND NRG POWER MARKETING, LLC., A DELAWARE LIMITED LIABILITY COMPANY; APPROVING AND AUTHORIZING THE ACCEPTANCE AND APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY OF A GUARANTY AGREEMENT ISSUED BY NRG ENERGY, INC., A DELAWARE CORPORATION FOR THE BENEFIT OF THE CITY; AUTHORIZING THE ACCEPTANCE AND APPROVAL OF A LETTER OF CREDIT EXECUTED BY NRG POWER MARKETING, LLC FOR THE BENEFIT OF THE CITY; APPROVING THE EXECUTION OF SUCH OTHER AND FURTHER RELATED DOCUMENTS, INCLUDING, WITHOUT LIMITATION, CERTIFICATES, ASSIGNMENTS, LICENSES, DIRECTIONS, INSTRUMENTS, INSTRUCTIONS, CONFIRMATIONS AND STATEMENTS BY THE CITY MANAGER OR HIS DESIGNEE, WHICH ARE INCIDENT OR RELATED THERETO, AS SHALL BE REASONABLY DETERMINED BY THE CITY ATTORNEY OR HER DESIGNEE; CONFIRMING AND RATIFYING THAT THE CITY OF DENTON, TEXAS, ITS MAYOR, ITS CITY COUNCIL MEMBERS, ITS CITY MANAGER, AND ITS CITY ATTORNEY OR HER DESIGNEE SHALL BE AUTHORIZED AND EMPOWERED TO PERFORM SUCH ACTS AND OBLIGATIONS AS ARE REASONABLY REQUIRED TO CONSUMMATE THIS TRANSACTION; RATIFYING ALL PRIOR ACTIONS TAKEN BY THE CITY COUNCIL IN FURTHERANCE OF THE FOREGOING TRANSACTION; AND DETERMINING THAT SEVERAL OF SAID DOCUMENTS PERTAIN TO A "COMPETITIVE ELECTRIC MATTER' AS SET FORTH UNDER THE PROVISIONS OF (551.086 AND 552.133 OF THE TEXAS GOVERNMENT CODE, AS AMENDED; FINDING AND DETERMINING THAT TEXAS GOVERNMENT CODE §252.022(a)(15) APPLIES TO SAID AGREEMENT; ADOPTING SIGNIFICANT RECITATIONS, FINDINGS AND CONCLUSIONS, AS ARE SET FORTH IN THE PREAMBLE OF THIS ORDINANCE; THAT THE PURCHASE OF CAPACITY AND ENERGY, AND OTHER RELATED ARRANGEMENTS MADE BY THE CITY UNDER THE TERMS OF THIS FULL REQUIREMENTS WHOLESALE ELECTRIC POWER SERVICE AGREEMENT ARE IN THE PUBLIC WELFARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (Dentori) is a Home-Rule City and a Texas municipal corporation governed by the constitution and laws of the State of Texas; and WHEREAS, in accordance with the provisions of §551.086 of the Texas Government Code, after due notice of the public meeting was provided as required by law, this 'full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC' transaction (hereafter the " Transactior) was submitted for consideration to the Denton Public Utilities Board on the 9th day of May, 2011; a majority of the Public Utilities Board (PUB), a`Prblic Power Governing Body' as defined by State law, convened a Closed Meeting as permitted by law, and discussed, considered, and deliberated the Transaction; and thereafter in its Open Meeting on that date, discussed the Transaction and c: documents and settings jerichar,local settings temporary internet filescontent.outlook 95yned3ndme-nrg ppa-ordinance-mc2 (3).doc proceeded to recommend to the City Council that the Transaction by and between Denton and NRG Power Marketing, LLC, a Delaware limited liability company be recommended for approval by a vote of seven (7) in favor to none (0) opposed; a majority vote of the PUB members present; and WHEREAS, in accordance with the provisions of §551.086 of the Texas Government Code, after due public notice being given, the City Council, a`Riblic Power Utility Governing Bod~'under Senate Bill 7, has discussed, deliberated, considered the Transaction, the subject of this ordinance, in a Closed Meeting of the City Council on the 17th day of May, 2011, after determining by a preliminary majority vote of its members, that the consideration of the Transaction which is the subject of this ordinance, is related to competitive electric matters, including business and commercial information, which if disclosed, would give advantage to its competitors or prospective competitors; and WHEREAS, thereafter, after due public notice being given, the City Council, then proceeded to consider the matter of the Transaction which is the subject of this ordinance, in its Open Meeting on the 17th day of May, 2011, and the City Council proceeded to take final action, and voted, by a majority of its members present, for and against, the City of Denton, Texas approving the Transaction; being approved by a majority of its members present and voting, in favor of the Transaction described in said ordinance, as set forth below; and WHEREAS, the City Council has further determined and finds that several of those documents to be entered into by and between Denton and NRG Power Marketing, LLC, a Delaware limited liability company (NRG); and other affiliates of this entity, namely the'full Requirements Wholesale Electric Power Service Agreement between the City of Denton, Texas and NRG Power Marketing, LLC' (hereafter the "Agreement) and the Guaranty and Letter of Credit related to said Agreement, and all other documents related thereto as from time to time may be executed by the City of Denton, Texas and/or NRG, in connection therewith; should be excepted from public disclosure, as permitted by the provisions of §552.133 of the Texas Government Code, as documents that are reasonably related to a competitive electric matter, the disclosure of which documents would provide an advantage to the competitors or prospective competitors of Denton Municipal Electric (DME); and WHEREAS, the City Council has further determined that it is in the public interest that it should exercise its right under the Texas Government Code to lawfully safeguard and keep certain of these documents sealed, as they are competitive documents which contain competitive electric information; and WHEREAS, the City Council finds that there is no divestiture, sale or other disposition of the property of any utility of the Denton, and therefore, that no public election is required pursuant to the Charter of the City of Denton, Texas (Chartef); and WHEREAS, the City Council finds that said Transaction involves Denton purchasing from NRG, a portion of its necessary replacement power and energy requirements for a contractual term of three years and three months beginning on July 1, 2011, as provided by this 2 c: documents and settings jerichar,local settings temporary internet filescontent.outlook 95yned3ndme-nrg ppa-ordinance-mc2 (3).doc ordinance; and that such Transaction involves Denton's acquisition of reliable, cost-effective replacement power and energy from NRG; with no detriment to the ratepayers of DME; and WHEREAS, the City Council finds that the Transaction as provided by this ordinance, will not impair the ability of Denton to comply with the provisions of any of its utility revenue bonds, as amended, which are issued and outstanding; and WHEREAS, the City Council finds that§252.022(a)(15) of the Texas Government Code is applicable to this Transaction and that the competitive bidding law is not applicable to the purchase by the City of electricity; and WHEREAS, Denton and NRG have also entered into this Transaction for NRG's services, among other things, that provides for services related to the purchase of a portion of Denton's energy capacity and energy management needs; and WHEREAS, the Council has considered all proposals provided by other power providers in Denton's Request For Proposals and finds and concludes that NRG, should be selected by Denton to provide a portion of Denton's power and energy needs for the ensuing three years and three months; and WHEREAS, Denton desires to enter into such other arrangements in support of the Agreement with NRG which are incident and related to the Agreement, and to take such additional actions as the City Manager or his designee, shall determine to be necessary and advisable to effectuate the matters set forth herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council, hereby approves and authorizes the City Manager and City Secretary, to execute and attest respectively, the Agreement, by and between the City of Denton, Texas and NRG Power Marketing, LLC., a Delaware limited liability company, under the terms and conditions being contained in substantially the form which is attached hereto as Exhibit A and made a part hereof, with such amendments, changes and additions as the City Manager may approve, and the execution and delivery thereof on behalf of the City of Denton by or at the direction of the City Manager shall constitute such approval. SECTION 2. The City Council, hereby approves and authorizes the City Manager and the City Secretary, to approve and accept the Guaranty, on behalf of Denton, and to attest respectively, the Guaranty, issued by NRG Energy, Inc., a Delaware Corporation. for the benefit of Denton, as credit protection, under the terms and conditions being contained in substantially the form as set forth in Schedule D of Exhibit A, with such amendments, changes and additions as the City Manager may approve, and the approval and acceptance thereof on behalf of the City of Denton by or at the direction of the City Manager shall constitute such approval. SECTION 3. The City Council, hereby approves and authorizes the City Manager and the City Secretary to approve and accept the irrevocable non-transferable standby Letter of Credit furnished Denton by NRG Power Marketing, LLC, and drawn upon a commercial bank c: documents and settings jerichar,local settings temporary internet filescontent.outlook 95yned3ndme-nrg ppa-ordinance-mc2 (3).doc within the United States, on behalf of Denton, as additional credit protection, under the terms and conditions being contained in substantially the form as set forth in Schedule C of Exhibit, with such amendments, changes and additions as the City Manager may approve, and the approval and acceptance thereof on behalf of the City of Denton by or at the direction of the City Manager shall constitute such approval. SECTION 4. The City Council, hereby approves and authorizes the City Manager and City Secretary to execute and attest respectively, all other documents which are incident and related to the Agreement referenced herein and to take such additional actions as the City Manager shall determine to be necessary and advisable to effectuate the matters set forth above. SECTION 5. The City of Denton, the Mayor, the City Manager, the City Attorney or their designees be, and each of them individually hereby is, authorized and empowered to perform all such acts and obligations as required with respect to the Agreements and documents described herein. SECTION 6. The Mayor, the City Manager, the City Attorney or their designees be, and each of them individually hereby is, authorized, empowered and directed to negotiate, deliver and perform all such acts and things and to sign all such documents, certificates, contracts, assignments, licenses, leases, agreements, directions, instruments and statements, each together with such amendments, changes and additions thereto as the Mayor, the City Manager, the City Attorney or their designees shall determine to be necessary or advisable to effectuate the matter set forth herein, any such determination to be conclusively evidenced by the taking or causing to be taken of such action or the execution and delivery of any such document, certificate, agreement, license, lease, direction, instrument or statement by the Mayor, the City Manager, the City Attorney or their designees. SECTION 7. All prior actions taken by the Mayor, the City Manager, the City Attorney or their designees in furtherance of the foregoing matters be and hereby are ratified, approved and authorized in all respects as of the dates and times such actions were taken. SECTION 8. Immediately following the execution and delivery of the documents described as the Agreement and the Guaranty and the Letter of Credit incident to such Agreement, as provided for in this ordinance, the City Secretary is hereby directed to seal and maintain said documents in her custody and control, as documents excepted from public disclosure under the provisions of §552.133 of the Texas Government Code (the `R blic Power Exception); unless otherwise lawfully ordered to disclose said documents. SECTION 9. The expenditure of funds as provided for in this ordinance is hereby authorized. SECTION 10. This ordinance shall become effective immediately upon its passage and approval. 4 c: documents and settings jerichar,local settings temporary internet filescontent.outlook 95yned3ndme-nrg ppa-ordinance-mc2 (3).doc PASSED AND APPROVED this the day of 12011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5 AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Environmental Services and Sustainability/Planning ACM: Howard Martin, Utilities 349-8232 ~V_ SUBJECT - DCA10-0010 Wind Energy Conversion Systems Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas creating a new Division 3 to Chapter 26, Article III of the Denton Code of Ordinances regulating the use and interconnection of Wind Energy Conservation Systems (WECS) and amending Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free- standing Monopole Support Stricture and Building-mounted WECS. The Public Utilities Board recommended approval of the Chapter 26 elements of the ordinance (4-0). The Planning and Zoning Commission recommends approval of the proposed amendments to Subchapter 35.5 of the Denton Development Code (7-0). (DCA10-0010) BACKGROUND On September 13, 2010, staff provided a presentation to the Committee on the Environment (COE) concerning Wind Energy Conversion Systems (WECS). Following the presentation, staff was directed to draft a WECS ordinance and bring this information back to the Committee for further discussion and direction. Over the next several months, Environmental Services, Planning, Denton Municipal Electric, and Legal staff worked together to draft this WECS ordinance (Exhibit 1). The draft WECS ordinance was presented to the COE on March 7, 2011. During this meeting, the COE directed staff to bring the WECS item to the Public Utility Board for consideration. On March 14, 2011, the draft WECS ordinance was presented to the Public Utility Board. The Public Utility Board recommended approval (4-0) of the proposed general regulations in Section 26-116. During their consideration, the Public Utility Board suggested that the NR-1 and IC-G land use categories be changed from "a permitted use with limitations" to "allowed with an approved Specific Use Permit (SUP)." The Public Utility Board also suggested that the PUB minutes state that the Board had extensive discussion about this issue, and realizes that there is a divergence of opinion about the aesthetics of WECS and the appropriateness of these devices in various land use categories as a "permitted use" versus "by SUP". On April 6, 2011 staff presented the draft WECS ordinance to the Planning and Zoning Commission during a work session. The Planning and Zoning Commission directed staff to move forward with the proposed amendments to Subchapter 35.5 with a request to change the maximum WECS height for the NR-1, NR-2, NR-3, NR-4, NR-6, DR-1 and RCR-1 zoning districts from 50 feet to 55 feet. All other remaining zoning districts will limit WECS to be 10 feet above the maximum building height. 1 On April 20, 2011 staff presented the draft WECS ordinance to the Planning and Zoning Commission during a public hearing. The Planning and Zoning Commission recommended approval (7-0) of the proposed amendments to Subchapter 35.5 of the Denton Development Code as presented. On May 3, staff presented the draft WECS ordinance to the City Council during a work session. The City Council directed staff to bring the WECS ordinance for consideration as a public hearing item. As a brief summary, the proposed WECS ordinance defines terms specific to WECS and then outlines general regulations in Section 26-116 of the City of Denton Code of Ordinances. Key components of the general regulations include, but not limited to: • Requirements to fully comply with DME's interconnect provisions, or demonstrate the system is not interconnected. Applicants are also required to provide proof of interconnect agreement with another service provider if the applicant is not a customer of DME; • Requirements to obtain a WECS permit from the Building Official, along with paying appropriate fees, prior to installation of the WECS; • Height requirements based on zoning categories (see Tables in Section 4 of draft ordinance); • Location and setback requirements regarding easements, property lines, overhead utility lines, trees, other strictures or impediments, etc.; • Height and setback requirements for building mounted WECS; • Sound pressure level requirements; • Lighting restrictions; • Aesthetics, including color, signage, blade glint / flicker, and design; • Safety issues including tower design, braking, grounding / shielding, electronic interference, climbing apparatus, engineering certification, and compliance with City Building Codes and Safety Standards; • Environmentally Sensitive Areas regulations for WECS; • Maintenance requirements; and • Removal requirements / abandonment provisions. The draft WECS ordinance also provides proposed amendments to Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free-standing Monopole Support 2 Stricture and Building-mounted WECS. The use restrictions are presented in Section 4 and 5 of the draft ordinance (see Exhibit 1). Free-standing Monopole Support Stricture WEC S Staff is proposing to permit Free-standing Monopole Support,Structure WECS with limitation of L(41) for lots found in the RD-5, RC, and NR-1 zoning districts. All remaining zoning districts will require an approved SUP. Limitation L(41) requires lots where the proposed WECS will be located to have a minimum lot area of two (2) acres. In addition, the maximum number of permitted WECS by right is one. If multiple WECS are proposed, an approved SUP is required. Building-mounted WECS Staff is proposing to permit Building-mounted WECS with limitation L(42) for lots found in the RD-5, RC, NR-1, and IC-G zoning districts. All remaining zoning districts will require an approved SUP. Limitation L(42) limits building-mounted WECS to no higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 2, 2007 Committee on the Environment (Presented to meet request of Committee Member Thomson) June 12, 2007 Committee on the Environment (ACM update, presented in response to requests for additional information during April 2, 2007 meeting) Sept. 13, 2010 Committee on the Environment (Item for individual consideration) March 7, 2011 Committee on the Environment (Item for individual consideration) March 12, 2011 Public Utility Board (Item for individual consideration) April 6, 2011 Planning and Zoning Commission Work Session April 20, 2011 Planning and Zoning Commission Public Hearing May 3, 2011 City Council Work Session OPTIONS 1. Approve the WECS ordinance as submitted 2. Approve the WECS ordinance with modifications 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATIONS The Public Utility Board recommended approval of the Chapter 26 elements of the draft WECS ordinance (4-0). The Planning and Zoning Commission recommends approval of the proposed amendments to Subchapter 35.5 of the Denton Development Code (7-0). Staff recommends Option 1. EXHIBITS 1. Draft Ordinance 2. Staff Presentation 3. Public Utility Board Minutes 4. Planning and Zoning Commission Work Session and Public Hearing Minutes 5. Draft City Council Work Session minutes Respectfully prepared and submitted by, Kenneth Banks Director, Environmental Services and Sustainability, and Ron Menguita Development Review Committee Liaison 4 - - - - EXHIBIT 1 s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING A NEW DIVISION 3 TO CHAPTER 26, ARTICLE III OF THE DENTON CODE OF ORDINANCES, REGULATING THE USE AND INTERCONNECTION OF WIND ENERGY CONVERSION SYSTEMS; AMENDING SUBCHAPTER 35.5 OF THE DENTON DEVELOPMENT CODE TO SPECIFY ZONING RESTRICTIONS APPLICABLE TO WIND ENERGY CONVERSION SYSTEMS AS A USE; PROVIDING FOR SEVERABIL,ITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, wind energy is an abundant, renewable, and nonpolluting energy resource and its conversion to electricity may assist with reducing dependence on nonrenewable energy resources and decrease air and water pollution resulting from conventional energy sources; and WHEREAS, wind energy conversion systems may assist with reducing peak power demands and help diversify citizens' energy supply; and WHEREAS, while the City encourages renewable and nonpolluting energy sources, wind energy conversion systems used to produce electricity must meet the City's goal of protecting and promoting public health, safety, and welfare of the community; and WHEREAS, the City recognizes that it is in the public interest to permit wind energy conversion systems consistent with the regulations hereinafter adopted by this Ordinance; and WHEREAS, based upon a survey and review of experiences in other communities, the City finds that the unregulated installation of wind energy systems within the City carries the potential for threatening the health safety and comfort of the citizens, and can have negative impacts due to noise and visual aesthetics. Due notice was given to the public of a public hearing for the purpose of determining whether the City Council of the City of Denton, Texas should enact an Ordinance controlling Wind Energy Conversion Systems in the City of Denton, Texas; and WHEREAS, the Public Utilities Board of the City of Denton, Texas has recommended approval of the standards contained in Section 3 of this ordinance; and WHEREAS, after a public hearing held in accordance with State law, the Planning and Zoning Commission of the City of Denton, Texas has recommended approval of the provisions contained within Sections 4 and 5 of this ordinance; and WHEREAS, the City Council of the City of Denton, Texas has considered the matter and deems it appropriate and in the best interest of the public and the City to regulate the installation and operation of Wind Energy Conversion Systems by passage of this Ordinance; NOW THEREFORE, Page - 1 s:\Iegal\our documents\ordinances\11\wecs ordinance council public hearing.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts and recitations contained and cited in the preamble hereof are hereby found and determined to be true and correct and are incorporated herein by reference. SECTION 2. The City Council finds that is it in the best interests of public health, safety and welfare to define standards governing the installation and operation of wind energy conversion systems. SECTION 3. Article III, Division 3 of Chapter 26 of the Denton Code entitled "Wind Energy Conversion System" is herby added, commencing with section 26-115, to read as follows: DIVISION 3. WIND ENERGY CONVERSION SYSTEMS 26-115 Definitions. For the purposes of this division, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in their present tense include the future tense, words in plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their common and ordinary meaning. ANSI means the American National Standards Institute. Blade arc sphere is the three-dimensional sphere in the air created by the 360 degree rotation of the blades combined with the 360 degree rotation of the WECS nacelle. Building-mounted WECS is any WECS that is mounted directly to a building's roof, chimney, vent stack, cooling tower, dome, spire, or other similar structure, rather than a free-standing monopole support structure. Decibel means the unit of measure used to express the magnitude of sound pressure and sound intensity. Free-standing WECS is any WECS that is self-supporting via a monopole support system or is and not mounted to a building or structure in any way. FAA means the Federal Aviation Administration. Height, for the purposes of this section, is measured from the average natural ground level to the highest point of the arc of the blades' elevation for free standing WECS. If a free-standing WECS does not use blades, then height is measured from the average natural ground level to the highest point of the WECS. For building-mounted WECS, the height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the building-mounted WECS does not use blades, then height is measured Page - 2 s:\Iegal\our documents\ordinances\11\wecs ordinance council public hearing.doc from the base of the WECS where is mounted on the building to the highest point of the WECS. See "Limitations", Subchapter 35.5 of Denton Development Code, for additional information regarding height of building mounted WECS. Nacelle is a streamlined enclosure that connects the blades and WECS hub to the WECS support device and houses specific mechanical parts including, but not limited to braking mechanisms, shafts, gearboxes and generators. Sound Pressure means the average rate at which sound energy is transmitted through a unit area in a specific direction, as measured at a receiver. Sound Pressure Level means the sound pressure as measured on a logarithmic scale and reported in decibels. Tower Height shall mean the height above grade of the fixed portion of the tower, excluding the wind turbine and blades. Turbine shall mean the parts of a Wind Energy System including, but not limited to, the blades, generator and tail. Wind Energy Conversion System or WECS shall mean a system that converts wind energy into electricity through the use of a wind turbine, a nacelle, associated control or conversion electronics, and (depending on design) a tower. A WECS is intended for on-site production of electricity. 26-116 General Regulations The following general regulations apply to all WECS located within the city limits. Pre-existing WECS installations lawfully in existence at the time of the enactment of this Ordinance shall not be required to meet the requirements established herein, other than those contained in Subsections (z) and (aa) below. To be considered lawful, the owner of the WECS must provide documentation proving that the subject WECS was in existence at the time of the enactment of this Ordinance. If no documentation is available, the burden of proof shall be on the owner of the WECS. (a) Zoning restrictions imposed upon WECS installations are as specified in the Denton Development Code. I (b) Compliance with Denton Municipal Electric (DME) Interconnection Provisions. The installation of any WECS that is within the service area of Denton Municipal Electric (DME) shall comply with the DME "Agreement for Interconnection and Parallel Operation of Distributed Generation" and shall abide by the conditions of the "Agreement for Interconnection and Parallel Operation of Distributed Generation". No WECS shall be installed prior to i CROSS REFERENCE - Zoning restrictions, generally, see Subchapter 35.5 of Denton Development Code. Page - 3 s:\Iegal\our documents\ordinances\11\wecs ordinance council public hearing.doc submitting an Application for Interconnection and Parallel Operation of Distributed Generation with DME and having a fully executed Agreement for Interconnection and Parallel Operation of Distributed Generation with DME. (c) WECS Permit Required. No WECS shall be installed without first obtaining a WECS permit from the Building Official, or his/her designee. The permit's application shall be submitted with the required numbers and types of plans as deemed necessary by the Building Official to adequately review the proposal. An application for building permit must be accompanied by: (1) The appropriate permit fees as established by the City; (2) A site plan of the proposed WECS at a scale no smaller than F = 30'. The site plan shall include: (i) A survey and legal description of the parcel where the proposed WECS will be located; (ii) A plan view layout of the proposed WECS clearly showing: • The location of the System; • All components of the System; • Distances to property lines; • Required setbacks; • Adjacent land uses and zoning designations; • Existing structures on the site; • Required screening of the base of the tower structure; • Natural features such as watercourses, trees, and Environmentally Sensitive Areas (ESAs); • Existing overhead and underground utility lines including any pad -mounted equipment and appurtenances; and • Easements; (3) Elevation drawings showing: • The design and height of the proposed WECS; • Detailed drawings of all System components; and • A profile view of the setback distances and distances to property lines; (4) A line drawing of the electrical components of the System in sufficient detail to allow for a determination that the manner of installation conforms to the Electrical Code; (5) Standard installation drawings of the WECS, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Building Code and certified by a licensed professional engineer registered in the State of Texas shall also be submitted; and (6) Evidence of notice to utility company as required by Subsection (t) below. Page - 4 s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc An issued permit shall expire if the WECS is not installed and functioning within six (6) months, including completion of the required inspection, from the date the permit is issued; or, if the WECS is out-of-service or otherwise unused for a continuous 12-month period. (d) Construction Standards. A WECS must be installed according to the manufacturer's recommendations and under the seal of a professional engineer registered in the State of Texas, and may not exceed the manufacturer's recommendations for maximum tower height. Additionally, all components of a WECS shall comply with applicable state and local building codes. (e) Location and Setback. (1) Free-standing monopole support structure: a. Free standing WECS shall be located behind the front elevation of the primary structure on the lot. b. No part of the WECS, including blades, may extend into any required yard setback or utility easement. C. The horizontal separation from all property lines shall not be less than the height of the WECS, plus 10 additional feet. d. Free standing WECS shall have a setback distance equal to 1.25 times the height of the WECS from any overhead utility lines. e. Free-standing WECS blade arc spheres shall have a minimum thirty (30) foot clearance from any structure or any other impediment. f. Free standing WECS shall have a minimum thirty (30) foot setback distance from any tree. (2) Building-mounted: a. Building-mounted WECS shall be located behind the front elevation of the primary structure on the lot. b. No part of the WECS, including blades, may extend into any required yard setback or utility easement. C. The horizontal separation from all property lines shall not be less than the height of the WECS, plus 10 additional feet. Building-mounted WECS shall have a setback distance equal to 1.25 times the height of the WECS from any overhead utility lines. Page - 5 s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc d. Building-mounted WECS blade arc spheres shall have a minimum five (5) foot clearance from any structure or any other impediment. (f) Principal Structure Required on Lot. A WECS shall be erected on a lot only after a principal structure has been constructed on the lot. The WECS shall serve the structures (principal or accessory) on the lot. (g) Sound Pressure Levels. Sound Pressure Levels shall not exceed fifty decibels (50dBA) measured from the property line closest to the WECS. If the existing ambient noise is suspected of exceeding 50dBA, that applicant shall establish and submit to the City, a continuous seventy- two (72) hour Ambient Noise Level measured from the property line closest to the proposed location of the WECS. The seventy-two (72) hour time span shall include at least one (1) twenty-four (24) hour reading during either a Saturday or Sunday. If the Ambient Noise Level established and submitted to the City is higher than fifty decibels (50dBA), the noise generated from the WECS may not exceed the established Ambient Noise Level by more than five decibels (5dBA). (h) Lights. Lighting not required by the FAA is prohibited. When lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said administration. A tower structure may be artificially lighted ONLY with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L-864) flashing no faster than 20 flashes per minute. Flashing red obstruction lights (FAA type L-864) flashing faster than 20 flashes per minute, medium intensity flashing white obstruction lights (FAA type L-865 or L-866), high intensity flashing white lights (FAA type L-856 or L-857) or dual flashing red obstruction lights and medium intensity flashing white obstruction lights (FAA types L-864/L-865) may be used ONLY when the FAA specifies that the specific lighting pattern is the ONLY lighting pattern acceptable to promote aviation safety and when the FAA refuses the applicant's request for authorization to use the lighting required by the City herein. Upward lighting, flood lights or other lighting not strictly required by the FAA is prohibited. If lighting is required by the FAA, the applicant shall submit written evidence of this requirement as a part of the application. (i) Signs. No advertising or other signs shall be allowed on a WECS, other than operational warnings and instructions affixed by the manufacturer. 0) Prohibited in Easements. No portion of a WECS shall be placed in any public easement. (k) Screening. WECS are exempted from the screening requirements outlined in Section 35.13.9.13 of the Denton Development Code. (1) Electronic Interference. All WECS shall be filtered, shielded or otherwise designed and constructed so as not to cause electrical, radio frequency, television, and other communication signal interference. Should interference occur or be detected in the future, the WECS shall cease operation until said interference has be addressed and corrected by the WECS owner and operator. Page - 6 s:\Iegal\our documents\ordinances\11\wecs ordinance council public hearing.doc (m) Color. All WECS shall be white, grey, or silver color. The finish shall be a dull or matte finish so as to reduce the possibility of any glares or reflections and to minimize the visual obtrusiveness of the WECS. (n) Tower Design. A WECS tower shall be constructed in a monopole design of tubular steel and shall be self-supporting without the use of guy wires or other similar features. (o) Braking. All WECS shall be equipped with a manual and/or an automatic braking device capable of stopping the WECS operation in high winds. (p) Grounding and Shielding. All WECS shall be grounded and shielded to protect against natural lightning strikes and stray voltage, including the blades, in accordance with the Electrical Code. (q) Load Requirements. All WECS shall be designed to withstand loads including, but not limited to ice and wind, as detailed in the Building Code. (r) Location in Environmentally Sensitive Areas. If located within an Environmentally Sensitive Area ESA categories defined by Denton Development Code 35.17.4, WECS may only be allowed in Developed or Undeveloped floodplain, and must be located outside of any designated stream buffer or water related habitats. All WECS proposed to be installed within floodplains shall have approval of the City of Denton Floodplain Administrator or his/her designee and, where applicable, the U.S. Army Corps of Engineers. Applicants requesting such approval shall undertake all measures required by the Floodplain Administrator or his/her designee to protect the WECS from damage from potential flooding, and compensate for any loss of valley storage resulting from the installation of the WECS. Following installation, the applicant shall re- vegetate the site in accordance with the specifications of the Watershed Protection Manager, or designee. (s) Flicker and Blade Glint. WECS shall be sited to prevent the impact of blade glint and minimize the impact of shadow flicker any inhabited structures (except for the owner's) or City roadways. WECS found to be in violation of this condition shall be shut down until the flicker or glint problem is remedied. (t) Notice to Utility Company on Grid-Interconnected Systems. No WECS, proposed for interconnection to the power grid or electric utility infrastructure, may be installed until an agreement authorizing such interconnection has been finalized and approved by the electric utility providing service to the owner. Completely off-grid systems shall be exempt from this requirement only upon demonstrating, to the satisfaction of the electric utility serving the owner, that the system is truly off-grid and cannot inadvertently be tied into the electric utility grid. (u) City Building Codes / Safety Standards. To ensure the structural integrity of a WECS, the owner of such System must ensure that it is maintained in compliance with all provisions of the City of Denton's building code and zoning regulations. If, upon inspection, the City concludes that a WECS fails to comply with such codes and regulations, or otherwise constitutes a danger to persons or property, then upon written notice to the owner of the WECS, the owner shall have Page - 7 s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc thirty (30) calendar days to bring the WECS into compliance with applicable standards. Failure to bring the WECS into compliance shall constitute grounds for the removal of the WECS at the owner's expense. This notice requirement shall not preclude immediate action by the Building Official as allowed by law, if required in the interest of public safety. (v) Certification by Engineer. The application shall include a standard drawing and engineer analysis of the WECS tower or building attachment, and certification by a professional mechanical, structural, or civil engineer. (w) Climbing Apparatus. No free-standing WECS shall include a ladder or any other tower climbing apparatus within 12 feet of the ground, unless such device is secured from access by a locked device approved by the Building Official. (x) Other Regulations. All WECS shall be adequately designed structurally, electrically, and in all other respects to accommodate the safety and general well being of the public. All WECS shall be required to meet all applicable regulations specified in the Building Code, Electrical Code, and any other applicable regulatory documents. All tower heights, plus the additional height associated with blades, must be in compliance with Federal Aviation Administration requirements. (y) Maintenance. All WECS shall be maintained at all times according to the manufacturer's specifications and all other applicable regulations including, but not limited to the Building Code and the Electrical Code. The appearance of a WECS shall also be maintained, including, but not limited to, painting, fencing/screening, and maintenance of structural integrity. (z) Removal of Unsafe Wind Energy Conversion System. WECS that have, due to damage, lack of maintenance or repair, or other circumstances, become unstable, lean significantly out-of- plumb, or pose a danger of collapse shall be removed or brought into repair within 30 days following notice given by the Building Official. If the Wind Energy System is not made safe or removed within 30 days of notification from the City, the City may remove the WECS and place a lien upon the property for the costs of the removal. However, at any time the Building Official may order immediate action to prevent or remove an imminent threat to public safety or property. (aa) Abandonment. (1) At such time as an owner abandons, discontinues, or is required to discontinue, the operation of a WECS, such owner must notify the Building Official of the City of Denton by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. Owner shall also provide written notification to all interconnected electric service providers, in accordance with the terms of the governing interconnection agreement. (2) In the event that an owner fails to give such notice, the WECS shall be considered abandoned if the WECS is not used to generate electricity for a continuous period of Page - 8 s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc twelve (12) months, unless the owner of said WECS provides proof of operation, on at least a quarterly basis, for the period that the WECS is being considered abandoned. (3) Upon abandonment or discontinuation of use, the person who constructed the WECS or the person who operated the WECS or the property owner shall physically remove the WECS within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: (i) Removal of the tower, turbine and all other components of the WECS; and (ii) Transportation of the tower, turbine and all other components of the WECS to an appropriate disposal site. (4) The owner of the WECS shall restore the site to its pre-construction condition. (5) If a party as stated in Subsection (3) herein fails to remove a WECS in accordance with this Section, the City shall have the authority to enter the subject property and physically remove the WECS as a nuisance, consistent with statutory authority and the procedures established in Article XI, Chapter 17 of the Denton Code. Costs for the removal of the WECS shall be charged to the landowner of record in the event the City must remove the WECS, and the City may place a lien on the property for such costs of removal. SECTION 4. The use tables set forth in subchapter 35.5 of the Denton Development Code shall be amended to reflect the additional use restrictions reflected in the table below (existing use restrictions remain as written). The Code publisher may modify the manner in which these use allowances and prohibitions are presented and published, to maintain clarity and consistency with other Code provisions. Institutional Land Use Categories RD-5 RG WECS (Free-standing Monopole Support L(41) L(41) Structure) WECS (Building-mounted) L(42) L(42) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 General Regulations RD-5 RC Maximum building height 65 feet 65 feet Maximum WECS height 75 feet 75 feet NR-1 NR-2 NR-3 NR-4 NR 6 Categories Institutional Land Use WECS (Free-standing Monopole Support L(41) SUP SUP SUP SUP SUP SUP Structure) Page - 9 s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc WECS (Building-mounted) L(42) SUP SUP SUP SUP SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 NR-1 NR-2 NR-3 NR-4 NR-6 NRMU- NRMU General Regulations 12 - Maximum building height 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 765 feet Maximum WECS height 55 feet 55 feet 55 feet 55 feet 55 feet 55 feet 75 feet D- D Categories Institutional Land Use WECS (Free-standing Monopole Support SUP SUP SUP SUP Structure) WECS (Building-mounted) SUP SUP SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 General Regulations DR-1 DR-2 DC-N DC-G Maximum building height 40 feet 45 feet 100 feet/ 100 feet/ L(33) L(33) Maximum WECS height 55 feet 55 feet 110 feet/ 110 feet/ L(33) L(33) Categories institutional Land Use WECS (Free-standing Monopole Support SUP SUP Structure) WECS (Building-mounted) SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 General Regulations CM-G CM-E Maximum building height 65 feet 65 feet Maximum WECS height 75 feet 75 feet Categories Institutional Land Use WECS (Free-standing Monopole Support SUP SUP SUP SUP Structure) WECS (Building-mounted) SUP SUP SUP SUP Page - 10 s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 General Regulations RCR-1 RCR-2 RCC-N RCC-D Maximum building height 40 feet 50 feet 65 feet 100 feet Maximum WECS height 55 feet 60 feet 75 feet 110 feet Categories Institutional Land Use WECS (Free-standing Monopole Support SUP SUP Structure) WECS (Building-mounted) SUP SUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 General Regulations EC-C EC-I Maximum building height 100 feet 65 feet Maximum WECS height 110 feet 75 feet Categories Institutional Land Use WECS (Free-standing Monopole Support Structure) SUP SUP WECS (Building-mounted) SUP L (42) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 General Regulations IC-E IC-G Maximum building height 100 feet 140 feet Maximum WECS height 110 feet 150 feet SECTION 5. Section 35.5.8 shall be amended to add the following limitations. 1,(41) = Lots where the proposed WBCS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WT-CS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L(42) = Building-mounted WECS may not extend higher than ten (10) feet above where the W'ECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS Page - 11 s:\legal\our documents\ordinances\11\wecs ordinance council public hearing.doc SECTION 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY f ~r Page - 12 V1 n ,aa, O A i'Aik:~.m~~o~ m«,tlta14M11C8to~mmvAPumul~rs i all } F~ h 4 41, ~t tir 3 - U ~ .1 • ~1 O Am ~r 4pp~ t., ~1 3 t t i FF I~ t { 1 r V1 a ° ct o~ ~ N 4~ ~ • ~ ~ • ~ bUA ~ bA N w O th J J 4~ bA z!1 ~ ~ ~ ~ N N bA N N bA U U ~ bA ~ ~ w C4Z; r-0 O U U 4-j O G ci c+ ct . . c~i~ O N ~ N ~ N ~ ~bA ,sue Ct 40 N pap •N r-O O C~ O LO 4 II II ~ II ~ ~ 73 ~ •~1D •~1D A ~a N ~ ~ ~ ~ „i k i ct o v1 O ct O ct 0 U U O N U O W ct l ,A AIM, 0: i~eM ~ Itt.~ ~µj ttJ l ~ k ~ ~ 'Zj v1 • O O N ct O U U v1 ct ' U by N O O O , ► to e A O . U ct o a~ . r, W ct ;4 ct 4-4 V ct W • ~ C~ ct o ct Ct I~ rl1 ct v N ct a~ C~ ' O I I ~ N Q ^ ~ U O N N~ O c~3 ct ;moo ct O U N O a~ O ct ;moo C~ P60 4-4 +-j 0 U O ~ N U sal ct O O P--~ ct U N ct ct ct ~ o o •o u u W W ~ ~ ~ ~ 0 0 4-4 p • ~ p ~ p 4~ CC o ct t/1 EXHIBIT 3 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 March 14, 2011 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, March 14, 2011 at 9:03 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton. 9 10 Present: Chair Dick Smith, Phil Gallivan, Barbara Russell John Baines, Randy Robinson 11 (arrived at 9:06 departed at 10:20) 12 13 Ex Officio Member: 14 George Campbell, City Manager 15 Howard Martin, ACM Utilities 16 17 Absent: Bill Grubbs (excused), Vice Chair Bill Cheek (unexcused) 18 19 OPEN MEETING: 20 21 ITEMS FOR INDIVIDUAL CONSIDERATION: 22 23 4) Receive a report, hold a discussion, and give staff direction concerning the creation of a new 24 Division 3 to Chapter 26, Article III of the Denton Code of Ordinances, regulating the use 25 and interconnection of Wind Energy Conservation Systems. 26 27 Howard Martin stated that Kenneth Banks, Director of Environmental Services and 28 Sustainability, has been working on this item primarily through the Committee on the 29 Environment. They are the ones that were primarily interested in this item. Banks made a 30 PowerPoint presentation. Banks stated that he was here to talk about the wind energy conversion 31 systems. Staff has been working on code language for this item. What this is about is adding 32 code language to chapter 26 of the Denton Code of Ordinances to allow for the installation and 33 operation of the WECS devices. The Committee on the Environment first heard of this back in 34 2007. At the time the issue was talked about and didn't go much further. Recently the planning 35 department has begun to experience request of installation these types of devices. Staff has 36 conducted some studies throughout the metroplex and has determined quite a few cities that are 37 adopting these ordinances. Basically the code is fairly complicated; Banks has tried to bring out 38 the major elements of the code. Martin asked Banks to explain chapter 26. Banks stated there 39 are two main regulatory tools in the City the Denton Development Code and the Code of 40 Ordinances. The Denton Development Code predominately dealing with new development 41 occurring in the City. The Code of Ordinances is the regulatory tool that deals mainly with 42 operational type issues. Chapter 26 deals predominately with utilities. Member Gallivan 43 asked if this applies to commercial as well as residential. Banks responded that it does. 44 These types of devices have several things to about: aesthetics, safety, noise, blade glint, and 45 interconnect agreement with DME. The key components: Zoning limitations as specified in the 46 Denton Development Code. Note that RD-5, RC, NR1 land use categories allow both building 47 mounted and free standing WECS under limitations L(41) and L(42), while IC-G allows building Draft Minutes of the Public Utilities Board Meeting March 28, 2011 Page 2 of 8 1 mounted WECS under limitation L(42). All other land use categories require a Specific Use 2 Permit (SUP) for either free standing or building mounted WECS. Applicants must comply with 3 DME's interconnect provisions, or demonstrate the system is not interconnected. Applicants are 4 required to provide proof of interconnect agreement with another service provider if the 5 applicant is not a customer of DME. Applicants must obtain a WECS permit from the Building 6 Official, along with paying appropriate fees, prior to installation of the WECS; Height 7 requirements based on zoning categories (maximum height, plus 10 ft.). 8 9 Member Russell stated that she knows there are references of other cities that have such 10 ordinances. Did you establish these fees are they typical of what is charged in other areas? 11 How did you arrive at the fees? Banks stated that they arrived at the fees simply by going to 12 the building official and asking what types of permits would be needed in order to have one of 13 these devices installed. He had a series of permits both on the residential and commercial side 14 that needs to be obtained. The fees were simply derived from gathering those existing permits 15 and amassing the fees associated with those permits. Staff did not do any cross comparison with 16 any other city. Banks stated that he can look in to that. Member Russell stated that she 17 would be interested in knowing that. 18 19 Banks went on to say that the other key components are: location and setback requirements 20 regarding easements, property lines, overhead utility lines, trees, other strictures or impediments, 21 etc.; height and setback requirements for building mounted WECS; sound pressure level 22 requirements; Lighting restrictions / FAA compliance; aesthetics, including color, signage, blade 23 glint / flicker, and design; Safety issues including tower design, braking, grounding / shielding, 24 electronic interference, climbing apparatus, engineering certification, and compliance with City 25 Building Codes and Safety Standards; Environmentally Sensitive Areas regulations for WECS; 26 Maintenance requirements; and Removal requirements / abandonment provisions. 27 28 Chair Smith asked for clarification; the NR1 is the only residential zoning that the WECS 29 would be permitted in. Banks stated that it is the only one of the neighborhood residential 30 category. RD5 is a rural residential category. NR1 is one stricture located on a 2 acre minimum 31 property size. 32 33 Other cities that have ordinances and/or otherwise allow WECS: Colleyville, Frisco, Garland, 34 Grand Prairie, Little Elm, McKinney, Oak Point, North Richland Hills, and Waxahachie. Many 35 of these cities only allow WECS through Specific Use Permit (SUP), although there are some 36 that allow the devices "by right" in certain zoning districts. Staffs preliminary research also 37 indicates that several Metroplex cities are working on ordinances to address WECS, or plan to do 18 so in the near future. 39 40 Staff is seeking direction on the following options: 41 Option 1: Recommend approval of the proposed WECS regulations, and subsequent addition to 42 Section 26 of the Denton Code of Ordinances. 43 Option 2: Recommend modifications of staffs proposed WECS regulations and subsequent 44 addition to Section 26 of the Denton Code of Ordinances to incorporate the proposed WECS 45 regulations as modified. Draft Minutes of the Public Utilities Board Meeting March 28, 2011 Page 3 of 8 1 Option 3: Recommend maintaining Section 26 of the Denton Code of Ordinances in its current 2 form, without modification 4 Upon approval the next stop for this item is going to be at the Planning & Zoning Commission to 5 hear the planning and zoning side. Upon approval at that meeting then it will go on to City 6 Council for a final decision. 7 8 Banks stated that staff recommends option 1. 9 10 Martin stated that the Committee on the Environment has reviewed the proposed ordinance and 11 has recommended for it to move forward to City Council for review. Staff wanted to bring this 12 to this Board and then to Planning & Zoning and then feel like it is ready for City Council. 13 14 Chair Smith asked who is on the Committee on the Environment. Martin answered Pete 15 Kamp, Chris Watts, and Dalton Gregory. 16 17 Member Baines asked in your development of this ordinance does your version mirror the 18 ones from the other cities. Banks stated it does not. Member Baines went on to ask if it is 19 significantly different. Banks stated that there are elements that are different. What staff tried 20 to do is get all of the codes together look at them and picked them for what we thought was the 21 best elements out of each one. We have attempted to extract all of the information where we felt 22 with reviewing the combination of all the codes we felt best addressed each specific issue. 23 24 Member Gallivan stated that he has no background on whether or not this is a good 25 ordinance or not. He would take comfort in knowing that in Banks research of the other 26 cities that our ordinance might be more conservatively written than the other cities or some 27 benchmark to go by. Banks asked for clarification on what Gallivan meant by conservative. 28 Gallivan stated maybe height restrictions less. Banks stated that he can say that from a safety 29 standpoint and from a standpoint of comprehensiveness of issues ours is as thorough as any 30 ordinance that Banks has reviewed. In fact, it is more thorough than the ordinances that were 31 reviewed because Banks was able to take all of the elements and combine into this ordinance. 32 Regarding conservative, Banks stated it depends on if you want to promote this type of device or 33 not. The Committee on the Environment was interested in promoting these. If you are looking 34 at by right situation there are not as many codes out there that allow for by right in certain zoning 35 categories than there are that just simply require a SUP throughout. There are a lot of them out 36 there that just simply say you will get a SUP and that is the only way one can be installed. If you 37 looked at all the others you would find that this is more comprehensive. 38 39 George Campbell, City Manager, asked if the others have interconnection provisions with power 40 providers. Banks stated that he didn't see that addressed as much. Not sure if that represents the 41 other cities being fairly new in the process or maybe the issue of them not having their own 42 utility and their assumption that will be handled with the utility. That is an important point 43 because we do have areas that are not serviced by Denton Municipal Electric and we actually 44 have a component of the code that says you will work out an interconnect agreement with the 45 utility provider that you do have and provide evidence of that to us or a permit will not be 46 granted. The other situation is a lot of cities anticipated that these were going to be used on an Draft Minutes of the Public Utilities Board Meeting March 28, 2011 Page 4 of 8 1 off grid application. They very well may be you don't have to interconnect, they can be used to 2 charge a battery, or utilized to provide power to a small building. 4 Member Russell stated that we already have some noise and light restriction in our codes 5 now. Are these the same as or comparable? Banks stated that the noise restriction is 6 comparable to the most stringent noise restriction that the City has, 50 decibels day time in a 7 multifamily setting. The lighting restrictions are unique to WECS basically the approach that 8 staff took was if it didn't need a light for safety purposes from an FAA standpoint then it should 9 not have lights. 10 11 Member Russell then stated that staff has done due diligence and believe that we have the 12 very best. Let's suppose that after a few years we see some glaring faults in this because 13 this technology continues to progress. Would an applicant have to get a variance to any of 14 these to be able to install a WECS or how would that be dealt with. Banks stated that his 15 suggestion would be if that truly presents itself staff would go back and modify the code. 16 17 Member Baines stated that he doesn't really deal with this and has no frame of reference 18 but his thought would be if it is urgent that we pass then we need to do something. Baines 19 went on to say maybe there needs to be a discussion group of people from other vantage 20 points to scrutinize the recommendation to make sure there is effective dialog and issues 21 have been addressed by all of those impacted. Banks stated that we can certainly do that. 22 Banks knows that planning has gotten some pressure here recently to actually get this code on 23 the books because they have applicants that are interested. Ron Menguita, Planning Supervisor, 24 is here to help answer questions as well. 25 26 Member Baines asked once people put these devices in are the grandfathered in or do they 27 have to go back and be modified for the standard. Banks assumed they would be a non- 28 conforming use at that point it was put in before the code was adopted. Menguita clarified if 29 Baines was talking about existing or ones that are going to be coming in before the code comes 30 to fruition. Member Baines stated he was speaking about both. His initial thought is that 31 more discussion is needed. Menguita stated that the existing will be non-conforming; they were 32 permitted before this code was approved. Staff will have public hearings with the Planning & 33 Zoning and City Council, newspaper notices will be sent out. That may bring in people that may 34 speak in favor or against and can be discussed. Baines further asked while this is being 35 dialogued if people put in these WECS will they be required to go back and modify them 36 based upon the final version that is approved. Menguita stated that is something that can be 37 discussed is retroactive but unfortunately as it is proposed they would not be required to go back 38 and retro. Member Baines stated but they would be considered non-conforming. Banks 39 answered they would be considered to be legal non-conforming. 40 41 Martin stated they would be required to have an interconnect agreement. Banks agreed they 42 would. Member Russell stated that she would think that would be in any case. Banks stated 43 that DME would require an interconnect agreement or any utility. Martin further stated or to 44 show that you are not connected to the system. 45 Draft Minutes of the Public Utilities Board Meeting March 28, 2011 Page 5 of 8 1 Chair Smith asked if there are any current for future regulatory mandate or benefit to 2 having this ordinance or having these within the City limits. Banks answered there is not a 3 regulatory mandate that he is aware of. These are being looked at from folks mainly to simply 4 generate power and offset their power use. Chair Smith asked is someone can expect to 5 generate, assuming the wind is blowing, all their electricity for their house. Banks stated he 6 didn't think so. This is a category 2 wind generation area. There are scales that are related to 7 wind speed and the consistency of that wind speed. Category 0 is the lowest it goes up to 8 category 7; 2 isn't that great we are pretty marginal. In fact in the summer it tends to slip in the 9 category 1 range because the wind is calmer. Banks stated that he doesn't believe you will be 10 able to get a substantial amount of generation. It is very site specific. Running the numbers it 11 will take a substantial amount of time for payback even in a good location in this area. 12 13 Chair Smith asked on option 3 the way the code is currently, if a person wants one of these 14 devices so they have to get a SUP or what procedure would they have to go though. 15 Menguita stated that currently we do not have any regulations for this type of devices. Right 16 now staff considers them as accessory strictures to the primary stricture and they would just 17 have to comply with the height limitations. The limitations that have been presented today 18 would help staff effectively limit the impact to the neighborhood area. 19 20 Chair Smith asked if we move one step up and require a SUP for these devices. What 21 criteria would be different in the SUP than what the ordinance that is being brought 22 forward today? Would it be easier or harder to install one of these? Menguita answered it 23 would be the same because what staff would be reviewing would be similar impacts or 24 conditions regarding the noise or aesthetics. The SUP goes not only through the Planning & 25 Zoning Commission as well as City Council for their consideration and they can impose certain 26 conditions to the applicant that may arise. Chair Smith stated that from the applicant 27 standpoint he believes the SUP would be much more onerous and difficult than just simply 28 complying with an ordinance, even if the criteria is the same. Banks agreed. Menguita stated 29 that there are certain zoning districts that permit by right. There are 3 of the zoning districts that 30 we have the other remaining zoning districts will require a SUP in addition to comply with the 31 new ordinance. 32 33 Chair Smith stated that with all due respect and realizes staff has worked very hard on this 34 ordinance; he doesn't believe that we need these within the City, from nothing else but an 35 aesthetics standpoint and because they aren't very efficient. Chair Smith understands 36 there probably are a few that want to put one in, he would prefer to use a SUP. Martin 37 stated that what he understands from the Board, for the 4 zoning categories that we have 38 identified that you can establish a WECS by right you would make everything a SUP versus 39 having those 4 categories by right. Member Russell asked by right meaning I want one and 40 so I'm going to have one is that what by right means? Martin stated that all you have to do is 41 comply with the ordinance you don't have to go though the SUP process. Member Russell then 42 stated that there are very few places in Denton that could use these, you can have solar 43 panels but very few people have them because they are so expensive it takes too long to 44 recoup the money and if someone is purchasing the house they don't want to pay for them 45 because they aren't efficient. By this one you have to have two acres, not many places in 46 Denton. There aren't a very big window for these unless we start developing some grand Draft Minutes of the Public Utilities Board Meeting March 28, 2011 Page 6 of 8 1 estates in the outlying and with which case if someone had a grand home on a couple of 2 acres it would have to be an art object before they would want it. Chair Smith stated that 3 he could put one up since he has 2.8 acres but bets the neighbors wouldn't like it. Chair 4 Smith then stated that if an applicant has to go through an SUP process instead of just 5 complying with an ordinance he believes they would think long and hard about how bad it 6 is wanted. 7 8 Martin stated that the only other category the ICG would allow them to be built by right. Banks 9 stated with the limitation of it not extending more than 10' above the building line. Martin stated 10 that the ICG would be more of a commercial category with the WECS mounted on the roof not 11 to exceed 10' would also be by right but that is only one. You can only have one, most of the 12 building mount applications they wouldn't want just they would want several which would be by 13 SUP. You can have one by right. Banks stated that staff thought long and hard about this issue 14 and the intention was to only allow by right in those areas that are zones rural, and the roof 15 mounted industrial category. Keep in mind you have the additional restrictions on the by right 16 on the height. It can't be more than 10' of the maximum allowed in that zoning district as a 17 mono pole and can't extend more than 10' above the roof line on a building mount. Staff 18 struggles with that, it is a touch decision. Do you do everything by SUP do you allow some by 19 right and if some by right is the choice what do you do to minimize the impact of those in the by 20 right situation. 21 22 Member Russell stated that in the agreement if someone produces more power that is 23 needed, DME wouldn't buy it back. Phil Williams, General Manager Electric, answered they 24 would use up to the amount they needed to use, and the rest would be bought at a voided fuel 25 cost. Martin stated it would be at RCA, the fuel component of that charge. 26 27 Member Gallivan asked if you write a SUP regulation is that what you do instead of by 28 ordinance, the more conservative in order to protect your neighbors in a residential setting. 29 Most all neighborhoods don't have 2 acre lots. The larger estate homes, Gallivan can 30 understand where they would be more impacted and the investment they have made. 31 Martin stated that the distinction by utilizing the SUP a benefit you have public input. You have 32 to go through a public hearing process for a SUP. Member Gallivan asked if there was a 200 33 feet rule. Campbell stated it is essentially a zoning case. Martin stated that you would be 34 notified and you would have an opportunity if your neighbor was going to put one up if you went 35 through the SUP. If you could meet the criteria just by ordinance and you are in one of the 36 categories that allow by right you wouldn't necessarily have to do that. Menguita stated that in 37 the SUP process notices are sent out to people within 200 feet and courtesy notices to people 38 within 500 feet. If for any reason there was opposition by 20% of the people, a majority would 39 be required for City Council. 40 41 Member Gallivan asked if there was a fear in the discussions of administrative burden it 42 was by SUP. Banks stated that he doesn't anticipate very many. The idea was if you are out in 43 the country and you have a large lot or you have a business setting were a roof mount might 44 make since, so we want to put that barrier in place. When this was discussed with the Committee 45 on the Environment at the time the committees desire was to reduce that barrier a little bit for 46 certain uses. Banks went on to say what is the right balance, do we want to say by right in large Draft Minutes of the Public Utilities Board Meeting March 28, 2011 Page 7 of 8 1 lots and rural setting or on building mounts in one industrial category or do we want to say SUP 2 regardless. Member Gallivan stated that in his mind 2 acres isn't rural, more like ranches 3 and estates. He has no problem with them if they are outside or around our ETJ. Martin 4 stated to think in terms of Ranch Estates. Chair Smith asked if it was rural zoning. Martin 5 stated no. Chair Smith then asked what constitutes the rural zoning designation. Menguita 6 stated that RD5 is what we refer to as rural and the minimum lot acre for that development would 7 be 5 acres. Menguita believes that NR2 is 2 acres. Just for back ground information we have 8 been getting calls from various property owners one particular owner owns a 70 acre ranch, and 9 another owns 7 acres out by the airport. Chair Smith clarified, if you want to take care of 10 those people by right then you would do the RD zoning and everything else would be SUP. 11 Menguita stated that if they were RD5 they would have their zoning in place and they met the 12 criteria then yes they would be permitted to go forward and apply for a building permit, through 13 building inspections. All the other zoning districts would require a SUP before going forward. 14 Chair Smith stated that is what he is in favor of. Member Gallivan stated that he 15 understands by right in a rural area with acreage. 16 17 Martin stated that the only change would be to take NR1 off the table for by right. Chair Smith 18 further noted and the industrial as well. Banks stated that if NR1 and ICG was through the 19 SUP process then effectively all that would be left would be the two rural categories. Banks 20 went on to say that rural categories have a minimum threshold. RD5 has a minimum threshold 21 of 5 acres, Menguita added if it is subdivided. He further added the City recently annexed a 22 number of properties that are not zoned RD5 but receive an RD5 classification for review. 23 Typically what happens is when someone is annexed the immediately receive an RD5 zoning 24 district and typically rezone to whatever zoning district they choose. Campbell asked what is the 25 second rural classification besides RD5, Banks responded RC (rural commercial). Menguita 26 stated that we don't have many at that zone. Campbell asked if we have some is that one that is 27 allowed by right. Banks stated under the current draft that is correct. Chair Smith asked what 28 the minimum size acreage in that category. Menguita was unsure of the acreage. Chair 29 Smith asked if it was more than 5 acres, Menguita responded less than 5 acres; RD5 is the 30 strictest zoning district. Menguita came back with the answer that RC is two acres. 31 32 Banks stated at this point what we are looking at is removing NR1, through SUP process and 33 also ICG. Member Gallivan stated ICG is commercial do we need to be concerned about 34 aesthetics in the commercial zoned area. Chair Smith stated he believes it is an aesthetics 35 issue whether in residential or commercial. Member Gallivan stated that a residential 36 community can see a commercial zoned area; it might be offensive to that community. 37 Banks stated that keep in mind in those categories the only type allowed is a building mount. 38 Martin stated that the building mount is the only one allowed by right, Banks agreed. Martin 39 further added that you can go through the SUP process and have a free standing or if it exceeded 40 the 10' height you would still have to go through the SUP process. Banks stated you would have 41 to go though the Zoning Board of Adjustment for a variance. 42 43 Member Russell added that beauty to one person is a thorn to someone else. Member 44 Russell then asked if Chair Smith's biggest concern is that there would be public comment. 45 Chair Smith answered that is his concern is aesthetics and if someone has to go through a 46 SUP process, in Smith's mind knowing how things work a person is less likely to get a SUP Draft Minutes of the Public Utilities Board Meeting March 28, 2011 Page 8 of 8 1 than just adhering to ordinances. You have to go through Planning & Zoning and have 2 public hearings and the Planning & Zoning members can put their conditions on it, same 3 with the Council. 4 5 Member Baines stated that he can go with what is on the table with a caveat. Member 6 Russell seconded. Member Baines went on to say there is a divergence of opinion and we 7 would like to let the Council know that while in general we agree with the desire to have a 8 uniform and acceptable level of aesthetics that is subject to controversy. Member Russell 9 stated that she would like it to be noted that there was great discussion and merit to all 10 discussions. 11 12 The motion is the two categories that we are talking about RD5 and RC would remain the 13 only two zoning categories that you can have WECS by right, every other zoning by SUP 14 only. Also, noting the amount of discussion. Motion was made by Member Gallivan with a 15 second by Member Russell. Vote 4-0 approved, Randy Robinson had already left. 16 17 Adjournment was at 11:44 a.m. I MINUTES 2 PLANNING AND ZONING 3 April 6, 2011 4 5 After determining that a quorum was present, the Planning and Zoning Commission convened a 6 Work Session on Wednesday, April 6, 2011 at 5:30 p.m. in the Council Work Session Room at 7 City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were 8 considered: 9 10 PRESENT: Chairman Walter Eagleton, Commissioners: Jay Thomas, Thom Reece, Brian 11 Bentley, Patrice Lyke, Jean Shaake and John Ryan. 12 13 ABSENT: None. 14 15 STAFF: Mark Cunningham, Jerry Drake, Kenny Banks, Chuck Russell, Jennifer Coles, 16 Cindy Jackson, Ron Menguita, Fred Greene and Johnna Matthews 17 18 Agenda Backup 19 20 WO SESSION 21 Chairman Eagleton opened the work session at 5:32 p.m. 22 1. Clarification of a,enda items listed in the Re(ular Session a(enda for this meeting and discussion of issues not briefed in the written backup materials. 23 24 No clarifications requested. 25 2. Receive a report, hold a discussion, and give staff direction concerning the modifications to Subchapter 35.5 of the Denton Development Code re(gulating the use and interconnection of Wind Ener ,y Conversion Systems (WECS). (DCA10-0010, Wind Energy Conversion Systems, Dr. Ken Baulks and Ron Menguital 26 27 Banks provided a brief history of this Development Code Amendment. Banks stated there was a 28 discussion with the Committee on the Environment (COE) in 2007 relating to the use of Wind 29 Energy Conversion Systems. At that time the discussion was primarily about the old design of 30 the wind turbine. New designs for the wind turbine have recently become available. Banks 31 continued that more municipalities were adopting ordinances such as presented here to this 32 Commission. 33 34 Banks stated that there have been some requests through the Planning Department to permit 35 these types of devices. The drafted Code amendment as presented to this Commission has been 36 vetted through the COE and the Public Utilities Board (PUB). The Code amendment will impact 37 Chapter 26 of the Code of Ordinances, Utility Standards, and Subchapter 5, Land Use Categories 38 of the Denton Development Code. The largest discussion point at this time is whether these 39 devices should be allowed by right with restrictions or by specific use permit for certain zoning I designations. The PUB recommended removing the Neighborhood Residential 1 (NR-1) and 2 Industrial Commercial General (IC-G) as permitted by right with limitations. The devices must 3 comply with Denton Municipal Electric's (DME) interconnect provisions, or demonstrate the 4 system is not interconnected. The applicant is required to provide proof of interconnect 5 agreement with another service provider if the applicant is not a customer of DME, they must 6 obtain a Wind Energy Conservation System (WECS) permit from the Building Official, along 7 with paying appropriate fees, prior to installation of the WECS and meet height requirements 8 based on zoning categories (maximum height, plus 10 ft for all zoning categories except those 9 with 40 foot maximum height. For these, requirement is max height plus 15 ft.) 10 11 Banks highlighted other key components of this proposed Code amendment as: location and 12 setback requirements regarding easements, property lines, overhead utility lines, trees, other 13 strictures or impediments, etc; height and setback requirements for building mounted WECS; 14 sound pressure level requirements; lighting restrictions / FAA compliance; aesthetics, including 15 color, signage, blade glint / flicker, and design; safety issues including tower design, braking, 16 grounding / shielding, electronic interference, climbing apparatus, engineering certification, and 17 compliance with City Building Codes and Safety Standards; Environmentally Sensitive Areas 18 regulations for WECS; maintenance requirements; and removal requirements / abandonment 19 provisions. 20 21 Ryan questioned if the use of these devices on a building that is already legally, non-conforming 22 in height has been addressed. Banks stated that the application would have to take that with the 23 height restrictions to the Zoning Board of Adjustment (ZBA) to obtain a variance. Menguita 24 stated that the ZBA would consider any special conditions. For the draft of this document staff 25 did not make any provisions for existing legally, non-conforming uses. Drake stated that 26 Subchapter 11 of the DDC has a number of very specific provisions for legally, non-conforming 27 uses that can differ from the general principals of law. If there is a legally, non-conforming use 28 any modification of that use may signal a loss of the legality of the non-conforming use. It 29 would be risky to make any modification to any existing legally, non-conforming use. By 30 making modifications the applicant may be required to make all modifications to the stricture 31 and use to operate legally in the existing zoning district. 32 33 Eagleton questioned the NR-1 restrictions. Banks stated that originally staff proposed that both 34 building mounted and pole mounted WECS would be allowed with restrictions L41 and L42. 35 Discussions with the PUB related mostly to the aesthetics and proximity to neighbors of these 36 WECS systems in an NR-1 district. Banks also added that the PUB had no problems with these 37 devices in any rural zoning designation. 38 39 Bentley questioned how staff would know if a WECS had been abandoned or now. Banks stated 40 that if it is connected to the City, the City will be able to tell if it is active or not. If it is not 41 connected to the City the burden of proof will go to the owner of the device to prove that it is 42 still generating power, whether connected to another utility or used to charge batteries. Bentley 43 also questioned what procedures were in place for the removal of abandoned devices. Banks 44 stated that the language provides for the City to remove the device and place a lien on the 45 property. I The Commission discussed various aspects such as cost and use of the WECS system in more 2 suburban settings. Banks stated that even though roof top mounted systems are becoming more 3 available and the cost is lowering, the expense is still there and he does not see an overwhelming 4 request to have these throughout the City being forthcoming. 5 6 Menguita stated he invited a local installer, Randy Sorrells, of these systems to the meeting if the 7 Commission would like to get more information regarding these systems. Sorrells answered 8 questions of the Commission regarding materials, logistics and cost. 9 10 Menguita asked for direction from the Commission on recommended changes to the language 11 before bringing it back at a public hearing to make the recommendation to Council. Commission 12 discussion led to the recommendation that the restrictive height of 10 feet above the stricture on 13 the property with a not to exceed height of 55 feet should be reviewed for all zoning categories 14 that allow a building height of 45 feet or greater. 15 16 Chairman Eagleton closed the Work Session at 6:24 p.m. 17 18 REGULAR MEETING 19 After completing the Work Session, the Planning and Zoning Commission convened a Regular 20 Meeting of the Planning and Zoning Commission of the City of Denton, Texas which was held 21 on Wednesday, April 6, 2011 and began at 6:30 p.m. in the City Council Chambers at City Hall, 22 215 E. McKinney at which time the following items were considered: 23 24 Chairman Eagleton opened the Regular Session at 6:30 p.m. 25 PLEDGE OF C : 1. 26 27 A. U. S. Flau Li= 28 29 B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas one state under God, one and indivisible." 30 31 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: 32 A. March 23, 2011 33 34 Commissioner Thomas moved approval of the minutes with a second by Lyke. On roll call vote: 35 Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner Jay 36 Thomas "aye", Commissioner Jean Schaake "aye", Commissioner John Ryan "aye", 37 Commissioner Thom Reece "aye", and Commissioner Patrice Lyke "aye". Motion passes (7-0). 1 3. CONSENT AGENDA: Staff reeomme s royal of the followi ~ items because they meet the reguirements of the Denton Development Code. Approval of the Consent Agenda includes stal'l' recommendations for approvals and authorizes stal'l' to proceed. The Planning and Zoning Commission has reviewed the applications and has had an opportunity to raise questions regarding the items prior to consideration: 2 A. Amending Final Plat of Lots 1R, Block 2 and Lot 2R, Block 3 of the Golden Triangle Industrial Park Addition. Lot 1R, Block 2 contains approximately 23.551 acres and is located south of Morse Street, east of Loop 288, west of Kimberly Drive and north of Karina Lane. Lot 2R, Block 3 contains approximately 18.102 acres and is located 540 feet south of Morse Street, east of Kimberly Drive and west of Mayhill Road. The property is located within an Employment Center-Commercial (EC-C) zoning district. (AFP10-0004, Denton County Admin Facility Phase 2, Ron Menguita) 4 5 B. Preliminary Plat of the Ryan Companies Addition, Lots 2 and 3, Block A and Lots 1, 2, 3, and 4, Block B. The approximately 98.659 acre property is located on the south side of Airport Road (EM. 1515), approximately 1,292 feet east of the intersection of Airport Road and Corbin Road. The property is located within an Industrial Center General (IC-G) zoning district. (PP11-0003, Ryan Companies Addition, Cindy Jackson) 6 7 Commissioner Thomas moved approval of the Consent Agenda with a second by Reece. On roll 8 call vote: Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner 9 Jay Thomas "aye", Commissioner Jean Schaake "aye", Commissioner John Ryan "aye", 10 Commissioner Thom Reece "aye", and Commissioner Patrice Lyke "aye". Motion passes (7-0). 11 4. PUBLIC HEARINGS: 12 13 A. Hold a public hearing, and consider approval of the Final Plat of Lot 1, Black A of the Mt. Pilgrim CME Church Addition, being a residential replat of Lot 1, Black 1 of the Alex Robertson Addition and unplatted tracts of land. The approximately 1.299 acre property generally located at the northeast corner of Robertson Street and Cook Street and is located within a Neighborhood Residential 4 (NR-4) zoning district (FR11-0001 Mount Pilgrim C.M.E. Church, Ran Menguita) 14 15 Menguita presented this request for a consideration of a residential replat with two additional 16 tracts. Menguita showed the property location, site photos and a copy of the proposed plat was 17 provided in the backup material for this item. The request is to facilitate a proposed parking lot 18 for Mount Pilgrim C.M.E Church. Notices were sent to property owners within 500 feet of the 19 subject site, with certified notices being sent to those within 200 feet of the subject site. No 20 notices were received in favor, opposition or neutral to the request. The Development Review 21 Committee recommends approval of this request. I Speaking in favor of the request: 2 3 Fred Hill 108 Bentwood Court 4 5 6 Commissioner Thomas moved approval of this request with a second by Reece. On roll call 7 vote: Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner Jay 8 Thomas "aye", Commissioner Jean Schaake "aye", Commissioner John Ryan "aye", 9 Commissioner Thom Reece "aye", and Commissioner Patrice Lyke "aye". Motion passes (7-0). 10 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to induiries from the Planning and Zoning Commission 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 11 12 13 Chairman Eagleton closed the Regular Session at 6:38 p.m. 14 15 I DRAFT MINUTES 2 PLANNING AND ZONING 3 April 20, 2011 4 5 After determining that a quorum was present, the Planning and Zoning Commission convened a 6 Work Session on Wednesday, April 20, 2011 at 5:35 p.m. in the Council Work Session Room 7 at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were 8 considered: 9 10 PRESENT: Chairman Walter Eagleton, Commissioners: Jay Thomas, Thom Reece, Brian 11 Bentley, Patrice Lyke, Jean Shaake and John Ryan. 12 13 ABSENT: None. 14 15 STAFF: Mark Cunningham, Jerry Drake, Kenny Banks, Chuck Russell, Jennifer Coles, 16 Cindy Jackson, Ron Menguita, Fred Greene and Johnna Matthews 17 18 WORK SESSION 19 20 Chairman Eagleton opened the work session at 5:35 p.m. 21 22 1. Clarification of a,enda items listed in the Re(ular Session a(enda for this meeting and discussion of issues not briefed in the written backup materials. 23 24 Eagleton stated that staff is requesting to continue Public Hearing Item 5B to the June 1st meeting 25 of the Commission. The public hearing will be opened and the item continued to a date certain 26 of the June 1, 2011 Planning and Zoning Commission meeting. 27 2. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free-standing Monopole Support Structure and Building-mounted Wind Energy Conversion Svstems (WECS). (DCA10-0010, Wind Energy Conversion Systems, Kenny Banks and Ron Menguita) Refer to Public Hearing Item 5A for backup material. 28 29 Banks provided a summary of the changes to the Wind Energy Conservation Systems (WECS) 30 proposed language based on discussions at the April 6, 2011 Planning and Zoning Commission 31 meeting. The modifications as suggested are as follows: 32 33 Free standing WECS devices in the Neighborhood Residential-1 (NR-1), Rural Residential (RD- 34 5) and Rural Commercial (RC) land use categories would be allowed by right with limitations of 35 L(41) and allowed by a Specific Use Permit (SUP) in the Industrial Commercial - General (IC- 36 G) land use category. Building mounted WECS devices would be allowed by right with 37 limitations of L(42) in the NR-1, RD-5, RC and IC-G land use categories. All other land use 38 categories would require a SUP for either free standing or building mounted WECS devices. 39 I The recommended definitions for limitations L(41) and L(42) are as follows: 2 3 L(41) - Lots where the proposed WECS will be located shall have a minimum lot area of 4 two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are 5 permitted only with approval of a SUP 6 7 L(42) - Building-mounted WECS may not extend higher than ten (10) feet above where 8 the WECS is mounted on the building. The height shall be measured from the base of the 9 WECS where it is mounted on the building to the highest point of the arc of the blades' 10 elevation. If the WECS does not use blades, then height is measured from the base of 11 the WECS where is mounted on the building to the highest point of the WECS 12 13 14 Chairman Eagleton closed the Work Session at 5:40 p.m. 15 16 REGULAR MEETING 17 After completing the Work Session, the Planning and Zoning Commission convened a Regular 18 Meeting of the Planning and Zoning Commission of the City of Denton, Texas which was held 19 on Wednesday, April 20, 2011 and began at 6:34 p.m. in the City Council Chambers at City Hall, 20 215 E. McKinney at which time the following items were considered: 21 5. PUBLIC HEARINGS: 22 23 A. Hold a public hearing and consider making, a recommendation to City Council concerning proposed amendments to Subchapter 35.5 of the Denton Development Code regarding use restrictions for both Free-standing Monopole Support Structure and Building-mounted Wind Ener ;y Conversion Systems (WECS). (DCA10-0010, Wind Energy Conversion Systems, Kenny Banks/Ron Menguita) 24 25 26 Banks provided the information stated in the Work Session involving the modifications to the 27 proposed language from feedback previously received from this Commission. No one was 28 present to speak in favor, opposition or neutral to this request. Staff recommends approval of 29 this request. 30 31 Commissioner Schaake motioned approval of this item with a second by Lyke. On roll call vote: 32 Chairman Walter Eagleton "aye", Commissioner Jean Schaake "aye", Commissioner Brian 33 Bentley "aye", Commissioner Jay Thomas "aye", Commissioner Patrice Lyke "aye", 34 Commissioner Thom Reece "aye", and Commissioner John Ryan "aye". Motion approved (7-0). 35 AGENDA INFORMATION SHEET AGENDA DATE: May 17, 2011 DEPARTMENT: Planning Department f, ACM: Fred Greene SUBJECT - DCAI0-0008 Sidewalk Exception Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 13, 20 and 23 of the Denton Development Code to provide an exception for the installation of sidewalks associated with estate lot subdivisions, with conditions and to provide a definition for estate lots; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA10-0008) The Planning and Zoning Commission recommends approval of this request (7-0). Issue: Sidewalks are required pursuant to Section 35.203.B of the Denton Development Code (DDC). Prior to January 6, 2009, developers and home builders had the option to apply for a variance from the requirement of installing sidewalks through the Planning and Zoning Commission. However, a Code amendment was necessary to bring the DDC into conformity with statutory changes. The Code amendment appropriately replaced what was categorized as an exaction variance with a rough proportionality appeal procedure that's consistent with Texas Local Government Code 212.904. The rough proportionality assessment procedure is contained in Subchapter 35.3 of the DDC. Notwithstanding the requirements of Section 35.203.B of the DDC, there are instances when the absence of sidewalks will not negatively impact a given community. One example is in the case of a low density rural residential development that features large estate style lots. The DDC currently define estate style lots as lots of one (1) acre or greater. The absence of sidewalks in this subdivision type is consistent with the typical rural setting of the surrounding area. Furthermore, this form of residential development generates very little pedestrian traffic to justify the constriction and maintenance cost associated with sidewalks. Given the aforementioned, staff is proposing a Code amendment to Section 35.20.2.A.3.c and 35.20.3.B. The proposed amendments will provide an exception from the installation of sidewalks associated with estate lot subdivision, subject to conditions. On April 5, 2011, staff presented the proposed Code amendment. City Council directed staff to reconsider not allowing a variance from the minimum 1 acre lot area requirement and review the '/2 mile distance requirement associated with a public elementary and secondary schools. As such, staff has made several amendments which are presented in the revised recommendation below. City Council also directed staff to review the potential of adding additional street pavement to the Rural/Suburban street cross section to allow pedestrians and bicyclists to utilize the street along-side vehicles. On May 3, 2011, staff presented the revised recommendation to the City Council during a work session. The City Council directed staff to bring the Code amendment for consideration as a public hearing item. Recommendation: Staff recommends that Subchapter 35.203.B of the DDC be amended to read as follows: B. All developments shall, within a dedicated right-of-way or easement, provide sidewalks and/or bicvcle facilities designed and located in accordance with the Truisportation Criteria Manual aid street classification along both sides of all streets within the development, between the ends of courtyard streets/cul de sacs und sidewalks within adjacent right of ways or open space, along one (1) side of all perimeter streets aid as shown on the Pedestriui Component of the Mobility Plan; except as follows: 1. 3 development, which is excepted from making perimeter street improvements in accordance with subsection 1) MAc of this section shall not be required to install a sidewalk or bicycle facility along that perimeter street. 2. where unplatted property is required to be platted ill order to obtain a building permit to make anv improvements to an existing building or to construct anv additional building to be located ou the property, a sidewalk or bicycle facility_ shall not be required along an existing perimeter street if: a. The perimeter street is not required to be improved iil accordance with this Code; b. The building improvements would not result iii an increase in the floor area of the existing building or buildings by more than ten (10) percent; c. The building improvements are to be located on the same tract or tracts of lurid, as described by recorded deed iii the real property records of the county, on which the existing building or aiv existing improvements to serve the existing building are located; und d. The building improvements will not require the construction of additional parking spaces to meet the requirements of the zoning ordinance. 3. Sidewalks or bicvcle facilities shall not be required for a replat of property zoned for single- family residential use if the preceding plat covering the same property did not require sideNvalks or bicycle facilities aid a zoning change to a district other than single funily residential use is not anticipated. 4. Except for Planned Developments or Master Planned Communities, sidewalks or bicycle facilities are not required along streets fronted by an estate-lot residential subdivision provided that: a. All lots are platted and have a minimum lot area of one (1) acre, and b. None of the lots may have access from a street that serves more than 200 total vehicle trips per day. Page - 2 Staff recommends that Subchapter 35.20.2.A.3.c of the DDC be amended to read as follows: Rural/ Suburban Street. A rural/suburban street is a street which ~eit-es no more thin 20 single farnily residential lots Adopted geometry standards for rural/suburkin streets are listed lu the Transporr,ition CriteriaManuc`d. Staff recommends that Subchapter 35.23.2 of the DDC is amended to add the following definition: Estate Lot: A lot that is at least one (1) acre ill size with the purpose of being developed with a slugle- family detached dwelling as the primary use. While reviewing Subchapter 35.20 of the DDC, staff identified subsection references that do not exist. Staff recommends that Subchapter 35.20.3.B.1 and 35.203.C of the DDC be amended to read as follows: 1. A development that is excepted from making perimeter street improvements in accordance with subsection 35.20.2.L.4 of this section shall not be required to install a sidewalk or bicycle facility along th, it perimeter street. C. N\here the developer who would othetW1ise be required to improve an existing tuiimproved perimeter street to City_ specifications elects to pay to the City the cost of the required improvements as provided for iii subsection 35.20.2.L.3.B of this section, the developer may likewise elect to pay to the City the cost of any required sidewalk or bicycle facility improvements for that street. If the money paid for the sidewalk or bicycle facility improvements is not used for that purpose within fire (5) years of payment, the finds shall be returned to the person making the improvements. Staff recommends that Subchapter 35.13.7.C of the DDC be amended to read as follows: All development, with the exception of estate style single-family subdivisions shall be required to plant street trees ill accordance with the following standards aid in accordance to the Site Design Criteri,i M,umil. Estate style single-farnily subdi~-isions ice those subdi~-isions that utilize barrow ditches dr.Ltiu.ige along streets, on public or prig ,itc Areets. The Director of Planning aid Development may . approve alternative plans due to special site o ,nditions, ~\hich m,lv-, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. PRIOR ACTION/REVIEW 1. January 19, 2011 Planning and Zoning Commission Work Session 2. February 23, 2011 Planning and Zoning Commission Public Hearing 3. April 5, 2011 City Council Work Session 4. May 3, 2011 City Council Work Session OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item Page-3 RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7-0). Staff recommends approval of this proposed Code amendment. EXHIBITS 1. February 23, 2011 Planning and Zoning Commission Minutes 2. Draft Ordinance Prepared by: PQC4~1 Ron Menguita, AICP Development Review Liaison Respectfully submitted: Mark Cunningham, AICP, CPM Planning and Development Department Director Page - 4 EXHIBIT 1 PLANNING AND ZONING MINUTES February 23, 2011 After determining that a quorum was present, the Planning and Zoning Commission convened in a Work Session on Wednesday, January 5, 2011 in the Council Chamber at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Chairman Walter Eagleton, Commissioners: Jay Thomas, Brian Bentley, Thom Reece, Jean Schaake, John Ryan and Patrice Lyke. ABSENT: None. STAFF: Fred Greene, Mark Cunningham, Jerry Drake, Chuck Russell, Jennifer Coles, Cindy Jackson, Ron Menguita, P.S. Arora, and Johnna Matthews. Chairman Eagleton convened the Work Session at 5:10 p.m. 2. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Sections 35.13.7f, 35 20 2 A 3 c 35.20.3.B, 35.20.3.B.1, 35 20 3 C and 35.23.2 of the Denton Development Code regarding estates lots and sidewalks and/or bicycle facilities. (DCA10-0008, Sidewalk Exception, Ron Menguita) Refer to Public Hearing item 5C for backup. Menguita provided revised language for the proposed code amendment. This is the second time that this Commission has seen the language and it has been revised with the comments from the last work session. The purpose of this code amendment is to provide an opportunity to develop estate lots without the requirement to install sidewalks. Bentley questioned out corner lots would be handled if the side yard is on a very busy street that would typically have a sidewalk. Menguita stated a sidewalk would still be required along the adjacent street if that street is an arterial street, however, no sidewalk would be required in front of the property if that road meets the criteria. Drake pointed out that all of the criteria for this proposed language must be met in order to waive the sidewalk requirement. Lyke questioned the distance from elementary or secondary school that states the requirement is a half mile distance or more as a criteria to wave the sidewalk requirement, while the Denton Independent School District requires two miles. Menguita stated that the distance came from a section in the code that requires a pedestrian traffic impact analysis (TIA) for development proposed within one half miles of an elementary or secondary school. Cunningham stated that estate lots are more likely to be in rural areas where there will be minimal pedestrian traffic. Lyke stated that in 10 or 20 years that would likely change and the area would be more dense than when it was originally developed. Lyke also questioned if the more than 200 vehicle trip count would be taken prior to development, in which case the count would be underestimated. Menguita stated that the TIA Page - 5 would be performed on the area during constriction and that is based on what the fullest build out potential could be. Menguita summarized the changes as being language clean up, reference corrections, deletion of contradicting requirements and adding the definition of an estate lot. Menguita also stated that the Engineering group is working on revising the Transportation Criteria Manual. Staff and the Commission additionally discussed the language for the definition of an estate lot. Eagleton suggested that the word "sole" be changed to "primary". The corrected definition will read: A lot that is at least one (1) acre in size with the purpose of being developed with a single-family detached dwelling as the primary use. 5. PUBLIC HEARINGS: B. Hold a public hearing and consider making a recommendation to City Council concerning proposed amendments to Sections 35.13.7.C, 35.20.2.A3.c, 35.203.13, 35.203.13.1, 35.20.3.C and 35.23.2 of the Denton Development Code regarding estates lots and sidewalks and/or bicycle facilities. (DCA10-0008, Sidewalk Exception, Ron Menguita) Menguita presented this item as discussed in the Work Session with the modification of the language of the definition of Estate Lot and the addition of the original deletion of the words "are those subdivisions" under the recommendation for changes to language in Subchapter 35.13.7.C. Chairman Eagleton opened the public hearing. No one was present to speak in favor or opposition. Thomas motioned approval of this request with the two corrections mentioned since the Work Session with a second by Ryan. On roll call vote: Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner Jay Thomas "aye", Commissioner Patrice Lyke "aye", Commissioner Thom Reece "aye", and Commissioner John Ryan "aye", Commissioner Jean Schaake "aye". Motion approved (7-0). Page - 6 EXHIBIT 2 DRAFT ORDINANCE Subchapter 35.20.3.B of the DDC be amended to read as follows: C. All developments shall, within a dedicated right-of-way or easement, provide sidewalks and/or bicycle facilities designed and located in accordance with the Transportation Criteria Manual and street classification along both sides of all streets within the development, between the ends of courtyard streets/cul de sacs and sidewalks within adjacent right of ways or open space, along one (1) side of all perimeter streets and as shown on the Pedestrian Component of the Mobility Plan; except as follows: 1. A development, which is excepted from making perimeter street improvements in accordance with subsection 1) M.4.c of this section shall not be required to install a sidewalk or bicycle facility along that perimeter street. 2. Where unplatted property is required to be platted in order to obtain a building permit to make any improvements to an existing building or to constrict any additional building to be located on the property, a sidewalk or bicycle facility shall not be required along an existing perimeter street if: e. The perimeter street is not required to be improved in accordance with this Code; f The building improvements would not result in an increase in the floor area of the existing building or buildings by more than ten (10) percent; g. The building improvements are to be located on the same tract or tracts of land, as described by recorded deed in the real property records of the county, on which the existing building or any existing improvements to serve the existing building are located; and h. The building improvements will not require the constriction of additional parking spaces to meet the requirements of the zoning ordinance. 3. Sidewalks or bicycle facilities shall not be required for a replat of property zoned for single-family residential use if the preceding plat covering the same property did not require sidewalks or bicycle facilities and a zoning change to a district other than single family residential use is not anticipated. 4. Except for Planned Developments or Master Planned Communities, sidewalks or bicycle facilities are not required alone streets fronted by an estate-lot residential subdivision provided that: a. All lots are platted and have a minimum lot area of one (1) acre, and b. None of the lots may have access from a street that serves more than 200 total vehicle trips per day. Page - 7 Subchapter 35.20.2.A.3.c of the DDC be amended to read as follows: Rural/ Suburban Street. A rural/suburban street is a street which serves no more than 20 single family residential lots . Adopted geometry standards for rural/suburban streets are listed in the Transportation Criteria Manual. Subchapter 35.23.2 of the DDC is amended to add the following definition: Estate Lot: A lot that is at least one (1) acre in size with the purpose of being developed with a single-family detached dwelling as the primary use. Subchapter 35.20.3.B.1 and 35.20.3.C of the DDC be amended to read as follows: 3. A development that is exempted from making perimeter street improvements in accordance with subsection , 1 35.20.2.L.4 of this section shall not be required to install a sidewalk or bicycle facility along that perimeter street. D. Where the developer who would otherwise be required to improve an existing unimproved perimeter street to City specifications elects to pay to the City the cost of the required improvements as provided for in subsection " 35.20.2.L.3.B of this section, the developer may likewise elect to pay to the City the cost of any required sidewalk or bicycle facility improvements for that street. If the money paid for the sidewalk or bicycle facility improvements is not used for that purpose within five (5) years of payment, the funds shall be returned to the person making the improvements. Subchapter 35.13.7.C of the DDC be amended to read as follows: All development, with the exception of estate style single-family subdivisions shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. Estate style single-family subdivisions are those subdivisions utilize barrow ditches as drainage along streets, on public or private streets. The Director of Planning and Development may approve alternative plans due to special site conditions, which may, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. Page - 8 s:A1ega1\our documents\ordinances\11\dca10-0008 ordinance.doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 13, 20 AND 23 OF THE DENTON DEVELOPMENT CODE TO PROVIDE AN EXCEPTION FOR THE INSTALLATION OF SIDEWALKS ASSOCIATED WITH ESTATE LOT SUBDVISIONS, WITH CONDITIONS AND TO PROVIDE A DEFINITION FOR ESTATE LOTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA10-0008) WHEREAS, pursuant to Ordinance No. 2002040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code") and WHEREAS, after providing notice and after conducting a public hearing as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapters 13, 20 and 23 of the Denton Development Code. WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. Subchapters 13, 20 and 23 are amended to reflect the changes outlined in Exhibit "A", attached and incorporated fully herein by reference; all provisions not changed herein are to remain as written. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. sAlegal\our documents\ordinances\I I\dca10-0008 ordinance.doc PASSED AND APPROVED this the day of , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY w Y • }F Page - 2 Olegal\our documents\ordinances\11\dca10-0008 ordinance.doc EXHIBIT A Subchapter 35.20.3.B of the DDC be amended to read as follows: B. All developments shall, within a dedicated right-of-way or easement, provide sidewalks and/or bicycle facilities designed and located in accordance with the Transportation Criteria Manual and street classification along both sides of all streets within the development, between the ends of courtyard streets/cul de sacs and sidewalks within adjacent right of ways or open space, along one (1) side of all perimeter streets and as shown on the Pedestrian Component of the Mobility Plan; except as follows: 1. A development, which is excepted from making perimeter street improvements in accordance with subsection 1) MA.c of this section shall not be required to install a sidewalk or bicycle facility along that perimeter street. 2. Where unplatted property is required to be platted in order to obtain a building permit to make any improvements to an existing building or to construct any additional building to be located on the property, a sidewalk or bicycle facility shall not be required along an existing perimeter street if. a. The perimeter street is not required to be improved in accordance with this Code; b. The building improvements would not result in an increase in the floor area of the existing building or buildings by more than ten (10) percent; c. The building improvements are to be located on the same tract or tracts of land, as described by recorded deed in the real property records of the county, on which the existing building or any existing improvements to serve the existing building are located; and d. The building improvements will not require the construction of additional parking spaces to meet the requirements of the zoning ordinance. 3. Sidewalks or bicycle facilities shall not be required for a replat of property zoned for single-family residential use if the preceding plat covering the same property did not require sidewalks or bicycle facilities and a zoning change to a district other than single family residential use is not anticipated. 4. Except for Planned Developments or Master Planned Communities, sidewalks or bicycle facilities are not required along streets fronted by an estate-lot residential subdivision provided that: a. All lots are platted and have a minimum lot area of one (1) acre; and b. None of the lots may have access from a street that serves more than 200 total vehicle trips per day. Page - 3 s:Alegal\our documents\ordinances\11\dca10-0008 ordinance.doc Subchapter 35.20.2.A.3.c of the DDC be amended to read as follows: Rural/ Suburban Street. A rural/suburban street is a street which e i ros r- ~ 4 v6k4-(-~ tr-il~s-1vf--day,--arid-serves no more than 20 single family residential lots < ~ r iural 1%listri<t. Adopted geometry standards for rural/suburban streets are listed in the Transportation Criteria Manual. Subchapter 35.23.2 of the DDC is amended to add the following definition: Estate Lot: A lot that is at least one (1) acre in size with the purpose of being developed with a single-family detached dwelling as the primary use. Subchapter 35.20.3.13.1 and 35.20.3.C of the DDC be amended to read as follows: 1. A developments ° . that is excepted from making perimeter street improvements in accordance with subsection 4+44.4-.-c 35.20.2.L.4 of this section shall not be required to install a sidewalk or bicycle facility along that perimeter street. C. Where the developer who would otherwise be required to improve an existing unimproved perimeter street to City specifications elects to pay to the City the cost of the required improvements as provided for in subsection M:b 35.20.2.L.3.13 of this section, the developer may likewise elect to pay to the City the cost of any required sidewalk or bicycle facility improvements for that street. If the money paid for the sidewalk or bicycle facility improvements is not used for that purpose within five (5) years of payment, the funds shall be returned to the person malting the improvements. Subchapter 35.13.7.C of the DDC be amended to read as follows: All development, with the exception of estate style single-family subdivisions shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. Estate style single-family subdivisions are those subdivisions h i*g4 " ~ 4 than 10'= t~ lti r tO4r t~h ac ~e r n nze l that utilize barrow ditches as drainage along streets, on public or private streets. The Director of Planning and Development may approve alternative plans due to special site conditions, which may, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. Page - 4