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February 21, 2012 Agenda
AGENDA CITY OF DENTON CITY COUNCIL February 21, 2012 After determining that a quorum is present, the City Council of the City of Denton, Texas will 4:00 p.m. convene in a Work Session on Tuesday, February 21, 2012 at 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 February 21, 2012. 3. Receive a report, hold a discussion and give staff direction regarding the use of Tree Mitigation Funds to help purchase land adjacent to North Lakes Park and create a Conservation Easement in the park. 4. Receive a report, hold a discussion and give staff direction regarding City Council appointments to a Citizen Advisory Committee for the proposed 2012 Bond Election. 5. Receive a report, hold a discussion, and give staff direction regarding proposed Naming Policy Guidelines for City Buildings, Facilities, and Land. 6. Receive a report, hold a discussion and give staff direction regarding the development stated in the tax credit application submitted by the AMCAL Multi-Housing Inc. to the Texas Department of Housing and Community Affairs for the development of the Villages at Elk River, an affordable Elderly Housing facility. 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: A.Consultation with Attorneys – Under Texas Government Code Section 551.071. 1)Consultation, discussion, deliberation, and receipt of information from the City’s attorneys regarding potential litigation with Atmos Energy Corporation relating to disputes concerning rate increase issues, where City of Denton City Council Agenda February 21, 2012 Page 2 public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B.Deliberations regarding Certain Public Power Utilities Competitive Matters – Under Texas Government Code Section 551.086; Consultation with Attorneys – Under Texas Government Code Section 551.071. 1) Receive a briefing regarding certain competitive public power and financial matters regarding Texas Municipal Power Agency (“TMPA”) operations, transmission issues, issues regarding the payment of TMPA indebtedness, and other related issues concerning the City’s interest in, and its business relationship with TMPA; receive a consultation from the City’s attorneys regarding legal issues involved respecting these matters, where a public discussion would conflict with the duty of the City’s attorneys to the Public Utilities Board under the Texas Rules of Professional Conduct of the State Bar of Texas. Discuss, deliberate, and provide staff with direction regarding same. C.Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations – Under Texas Government Code Section 551.087. 1)Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Mayday Holdings LLC, an aircraft parts manufacturing company. This discussion shall include commercial and financial information the City Council has received from Mayday Holdings LLC which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. D.Certain Public Power Utilities Competitive Matters – Under Texas Government Code Section 551.086; Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorneys – Under Texas Government Code Section 551.071. 1) Receive a presentation from staff, discuss, deliberate and provide staff with direction regarding the establishment of a Combined Heat and Power – Economic Development District (CHP-EDD) in the airport industrial area of Denton, Texas, including the designation, boundaries, and limitations upon activities regarding said proposed District, in the interest of providing electric power; receive a presentation from staff, discuss, deliberate and provide staff with direction regarding the acquisition of City of Denton City Council Agenda February 21, 2012 Page 3 property and easements, and the value thereof, related to the CHP-EDD; consult with and provide direction to the City’s attorneys regarding legal matters related to the CHP-EDD 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 Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. 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) Severe Weather Awareness Week 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Michelle French regarding the property tax collection process. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda February 21, 2012 Page 4 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 – T). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – T 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 of the City of Denton, Texas, appointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing a term of office for the presiding Municipal Judge in accordance with applicable state statutes; providing for renewal and extension of terms absent specific action by Council; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date. B.Consider approval of a resolution allowing Tejas Storytelling Association to be the sole participant allowed to distribute/not sell alcoholic beverages at the Texas Storytelling Festival on March 10, 2012, 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 (4-0). Staff recommends approval of the Texas Storytelling Festival request. C.Consider approval of a resolution allowing Rooster’s Roadhouse to be the sole participant allowed to sell alcoholic beverages at the 35 Denton music festival held on March 9 - March 11, 2012, 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. Staff recommends approval of Rooster’s Roadhouse request. D. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Investment Advisory Services Contract with First Southwest Asset Management, Inc. for an amount not to exceed $52,000; and providing an effective date. The Audit/Finance Committee recommends approval (2-0). E. Consider adoption of an ordinance approving the City Manager to execute a Bond Counsel Agreement between the City of Denton and McCall, Parkhurst & Horton, LLP; approving the expenditure of funds therefor; and providing for an effective date. F. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a Consulting Services Agreement for Financial Advisory, Arbitrage Rebate and Continuing Disclosure Services between the City of Denton and First Southwest Company and Affiliate First Southwest Asset Management; approving the expenditure of funds therefor; and providing an effective date. City of Denton City Council Agenda February 21, 2012 Page 5 G. Consider adoption of an ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and Johnston Technical Services, Inc. (JTS); providing for the expenditure of funds therefor; and providing an effective date (File 4751–Change Order One to the Design and Installation of Wireless Communication Network for Lake Lewisville Raw Water Pump Station and Lake Lewisville Water Treatment Plant in the amount of $37,427.35 for a total award of $136,179.41). The Public Utilities Board recommends approval (7-0). H. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with PWR Solutions, Inc. for Engineering and Consulting Services relating to a Comprehensive Short and Long Term Distribution System Analysis for Denton Municipal Electric, and providing for an effective date (File 4912–Distribution System Analysis for Denton Municipal Electric awarded to PWR Solutions, Inc. in the amount of $214,660). The Public Utilities Board recommends approval (7-0). I. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for a five year contract for software maintenance for the Solid Waste Department’s WeighStation and CompuRoute software program from Paradigm Software, LLC., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3808–Five Year Contract for Maintenance of WeighStation and CompuRoute Software awarded to Paradigm Software, LLC. in a five year amount not to exceed $110,000). The Public Utilities Board recommends approval (5-0). J. Consider adoption of an ordinance accepting competitive proposals and awarding a four year contract for Pavement Marking Installation for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4788–Four Year Contract for Pavement Marking Installation awarded to BTA Services in the annual estimated amount of $200,000 for a four year estimated expenditure of $800,000). K. Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of RCP Pipe and Concrete Box Culverts for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4790–Three Year Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder meeting specification in the unit price amounts shown on Exhibit A for an annual estimated expenditure of $125,000 and a three year estimated total of $375,000). The Public Utilities Board recommends approval (7-0). L. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two LifePak 15 defibrillators from Physio Control, Inc., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of City of Denton City Council Agenda February 21, 2012 Page 6 competitive bidding; and providing an effective date (File 4908–Purchase of Two Defibrillators for the City of Denton Fire Department in the amount of $78,180.10). M. Consider adoption of an ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association for the purchase of certified softball officiating services which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4904–Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $70,000). N. Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to an Airport Improvement Grant to Develop a Wildlife Management Plan for Denton Airport; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date. The Airport Advisory Board recommends approval (7-0). O. Consider approval of a resolution by the City of Denton, Texas suspending the effective date for ninety days in connection with the rate increase filing of Atmos Energy Corporation on or about January 31, 2012; requiring the reimbursement of municipal rate case expenses; authorizing participation in related rate proceedings; authorizing the retention of special counsel; finding that the meeting complies with the open meetings act; making other findings and provisions related to the subject; and declaring an effective date. P. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and JVC Real Estate, L.L.C. for the property located at 4650 and 4736 Lockheed, Denton Municipal Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0). Q. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton with Legend Natural Gas IV, LP a Fourth Amendment To Surface Use Agreement first executed between the City of Denton, Texas and Enexco, Inc. on January 17, 2002 for the property located at Denton Municipal Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0). R. Consider adoption of an ordinance to allow exclusive use of City property for the 35 Denton music festival at Williams Trade Square and Hickory Street between Industrial and Austin streets contingent on a fully executed contract with an approved vendor; for an exception to the Noise Ordinance to have an increase in decibel level to 95 decibels and for amplified sound on Sunday; and for the street closures to traffic beginning at 7:00 a.m. on Friday, March 9, 2012, and concluding at 11:00 p.m. on Sunday, March 11, 2012; and providing for an effective date. Staff recommends approval of an increase in decibels to 75 and amplified sound on Sunday. City of Denton City Council Agenda February 21, 2012 Page 7 S. Consider approval of the minutes of: December 5, 2011 December 6, 2011 December 12, 2011 December 13, 2011 January 10, 2012 T. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a third amendment to a professional and personal services agreement with KEMA, Inc., a corporation, for further engineering and consulting services respecting regulatory compliance for the Denton Municipal Electric System with the Texas Regional Entity (“TRE”) and the North American Electric Reliability Council (“NERC”); authorizing the expenditure of funds therefor in an amount not-to-exceed an additional $23,000; and providing an effective date (File 4412– aggregating not-to-exceed $318,940). The Public Utilities Board recommends approval (7-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider adoption of an ordinance directing the publication of Notice of Intention to issue $10,970,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. B.Consider adoption of an ordinance directing the publication of Notice of Intention to issue $38,355,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks, and Sewer System and Electric System projects; and providing for an effective date. C.Consider approval of a resolution of the City Council of the City of Denton, Texas adopting a sustainability plan entitled “Simply Sustainable – A Strategic Plan for Denton’s Future”; and providing an effective date. D.Consider adoption of an ordinance creating a Combined Heat and Power Economic Development District (CHP-EDD) in the Airport Industrial District area of Denton, Texas; designating and describing the boundaries of such district; and providing an effective date. E.Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Mayday Holdings LLC, setting for the various conditions precedent to Mayday Holdings LLC and receiving the Program Grant; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommends approval (7–0). City of Denton City Council Agenda February 21, 2012 Page 8 F. Consider approval of a resolution by the City Council of the City of Denton, Texas, in connection with the development stated in the tax credit application submitted by the AMCAL Multi-Housing Inc. to the Texas Department of Housing and Community Affairs for the development of the Villages at Elk River, an affordable Elderly Housing facility. G. Consider adoption of an ordinance amending the water conservation and drought contingency plan of the City of Denton, Texas previously adopted by the City nd Council in Ordinance No. 2009-134 enacted on the 2 day of June, 2009as to sections 6.5, 6.6 and 6.7 thereof only; amending the enforcement provisions of the previous plan; providing for stages of enforcement for violators of the plan; providing for administrative fees to be charged to violators for certain violations of the plan; providing for a criminal penalty not to exceed $2,000 per violation of the plan; providing for a civil penalty not to exceed $1,000 per day per violation of the plan; providing for civil legal remedies for the City of Denton, Texas; providing a savings clause; providing a severability clause; and providing an effective date. H. Consider nominations to the Denton County Housing Finance Corporation. I. Consider nominations/appointments to the City’s boards and commissions: 1. Community Development Advisory Committee 2. Health & Building Standards Commission 3. Public Art Committee 6.PUBLIC HEARINGS A.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving an updated amendment to the pedestrian and bicycle linkage component of the Denton Mobility Plan for the City of Denton, Texas; providing a severability clause and an effective date.(CA11-0003) The Planning and Zoning Commission recommends approval (7-0). 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: nd 1) Bob Clifton regarding Senate Bill 1230 – 82 Legislature Regular Session. 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: City of Denton City Council Agenda February 21, 2012 Page 9 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 ___________________, 2012 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion and give staff direction regarding the use of Tree Mitigation Funds to help purchase land adjacent to North Lakes Park and create a Conservation Easement in the park. BACKGROUND Parks and Recreation staff is proposing the purchase of a 26 acre parcel of land adjacent to North Lakes Park. The acquisition of this land would enable the City to build the four soccer fields called for in the 2005 CIP and preserve a portion of the existing park property as a natural preserve. The 26 acres would be large enough to allow construction of four, lighted soccer/rugby fields, an access road, parking, and temporary restroom facilities. Phase II of this project would be included in a future CIP program and contain a permanent restroom/concession building and a playground. Construction of the fields on the 26 acres would allow the natural area north of the Windsor Lake to remain undeveloped. Staff is proposing to add additional trails, interpretive displays, and possibly additional tree planting in this area. This will protect the habitat for the birds and other animals in this area and create a preserve location within minutes of the Downtown Square. Without the purchase of the additional property, construction of the athletic fields will take place in this area and many trees will be removed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to Council in Closed Session on January 10, 2012. FISCAL INFORMATION The cost of the parcel is $1,000,000. Funding sources include: $500,000 Parks Gas Well Revenue $250,000 2005 CIP Open Space and Tree Bank $250,000 Tree Mitigation Funds EXHIBITS 1.Map of proposed site 2.Aerial photograph of the north half of North Lakes Park 3.Current construction blueprint Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding City Council appointments to a Citizen Advisory Committee for the proposed 2012 Bond Election. BACKGROUND As discussed during the development of the FY 2011-12 Budget, the improvement of our street infrastructure is a major initiative for the City. The Strategic Plan approved by the City Council in April 2011 reinforces this concept in Key Focus Area 2: Public Infrastructure. Specifically, goals 2.1 and 2.5 of the Strategic Plan provide the following objectives related to street infrastructure: Objective 2.1.2 Develop a long-range strategy to transition street funding to achieve the OCI criteria. Objective 2.5.2 Develop and implement financing plans for identified infrastructure needs. As a result of this approach, the City significantly increased street maintenance funding from $2.8 to $3.5 million in FY 2011-12. Additionally, it is planned that this funding level will increase on an annual basis to $5.8 million by FY 2015-16. While this increase in funding is noteworthy, it is still significantly below the $10 million in annual funding that is needed for street maintenance. As a result, further enhancements to maintenance funding will also need to be considered in future budget cycles as well. In addition to the street maintenance funding, the City also needs to provide a capital investment of approximately $4 million per year to reconstruct existing streets. As a result, staff is proposing the development of a $20 million street infrastructure bond program to address this need. The program assumes no tax rate increase, and it is expected that voters would be requested to approve the program in the November 2012 election. Exhibit 1 provides a proposed calendar of events associated with the bond election. Additionally, an initial draft of proposed bond program projects is shown as Exhibit 2. During the February 6, 2012, meeting, the City Council indicated a preference for a twenty-one (21) member Citizen Bond Advisory Committee (up to 3 appointments for each City Council Agenda Information Sheet February 21, 2012 Page 2 member). As such, the purpose of this Work Session item is to 1) briefly review the objective of the bond program, 2) discuss the proposed calendar of events, and 3) determine if there are particular groups or organizations that should be represented on the Bond Advisory Committee. Additionally, the City Council may want to discuss the names of potential appointments to the Bond Advisory Committee at this time, but no official action will be taken on the appointments until March 6. In the past, the City Council has selected some citizens to serve on a bond committee based on their prior service on a City board, commission, and/or committee. While there is no requirement of prior service to be appointed, citizens with a high level of civic interest and a history of community service are generally well suited to the Bond Advisory Committee process. In 2006, the City Council approved a public art policy (see Exhibit 3) which stated The City of Denton shall include a base of 2% for the arts from all future Capital Improvement Programs, with the option and flexibility to increase to a 4% maximum, based on needs and economic Under this policy, $400,000 to $800,000 of the proposed $20 million bond program for street reconstruction would need to be reserved for public art funding. Since this issue has not previously been discussed in the context of the proposed bond election, staff will seek direction from the City Council during the February 21 discussion. The City Council will have an opportunity to make official appointments to the Citizen Advisory Committee on March 6and April 3. The charge of the Bond Advisory Committee and committee appointments are expected to be formally approved by the City Council on April 3. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) At the January 31, 2012, retreat, staff briefed the City Council on the proposed 2012 bond election priorities and schedule. On February 6, 2012, the City Council discussed the proposed bond election and indicated a preference for a twenty-one (21) member Citizen Bond Advisory Committee (3 appointments for each City Council member). EXHIBITS Exhibit 1: Proposed Calendar of Events Exhibit 2: Draft Bond Program Summary by Street Exhibit 3: Public Art Policy Exhibit 4: PowerPoint Presentation Respectfully submitted: Bryan Langley CFO and Director of Strategic Services EXHIBIT 1 2012 Bond Election Schedule January 31, 2012 City Council Retreat Discussion of Committee Structure and Bond Program Characteristics February 21 and March 6, 2012 Council appoints bond committee April 3, 2012 Council approves committee charge April 23, 2012 Kick-Off meeting of Citizens Advisory Committee April – June 2012 Committee develops recommendations May 7, 2012 Meeting of Citizens Advisory Committee May 21, 2012 Meeting of Citizens Advisory Committee June 4, 2012 Meeting of Citizens Advisory Committee (if needed) June 6, 2012 Citizens Advisory Committee presents recommendation to the Planning and Zoning Commission June 19, 2012 Citizens Advisory Committee makes recommendation to City Council July 17, 2012 City Council holds additional discussion on bond election August 7, 2012 Council holds public hearing August – November Committee educates public on bond program. August 14, 2012 * Council passes an ordinance calling for a bond election on November 6, 2012 (Election must be called no earlier than August 8 and no later than August 20) October 22, 2012 * Early voting begins November 2, 2012 * Early voting ends November 6, 2012 * Street Improvement Bond election held * Denotes legally required dates associated with a bond election. EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: CMO ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding proposed Naming Policy Guidelines for City Buildings, Facilities, and Land. BACKGROUND The City Council discussed the proposed Naming Policy during its Council Work Session on January 10, 2012. The proposed naming policy guidelines provide for the purchase of naming rights, renaming of existing facilities, and the procedures for citizen participation in facility naming. It also provides a means for the City Council to waive the application of these guidelines. City Council requested a number of changes to the proposed Naming Policy and those changes City of Denton Naming Policy have now been incorporated into a revised document titled Guidelines for City Buildings, Facilities, Land, or Any Portion Thereof. The revised naming policy guidelines provide for the naming and renaming of buildings, facilities, land, or any portion thereof for individuals, foundations, business, or organization; and fundraising or purchasing naming rights. RECOMMENDATION Staff recommends the approval of the revised Naming Policy Guidelines for City Buildings, Facilities, Land, or Any Portion Thereof. The proposed policy is applicable to all City departments. Further, it is recommended that, if approved by the Council, the policy be adopted by resolution at a subsequent Council meeting. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council received a report regarding the proposed Naming Policy on January 10, 2012. Agenda Information Sheet February 21, 2012 Page 2 EXHIBITS PowerPoint Presentation Proposed Resolution Proposed Naming Policy Guidelines Proposed Name Application Form Respectfully submitted: _______________________ Eva Poole Director of Libraries CITY OF DENTON NAMING POLICY GUIDELINES FOR CITY BUILDINGS, FACILITIES, LAND, OR ANY PORTION THEREOF I.GENERAL These policy guidelines are intended to address naming opportunities when a citizen, group, or organization submits a nomination to name a City building, facility, land, or any portion thereof. The City Council may initiate the naming of any building, facility, land, or any portion thereof at its discretion and may apply the following guidelines in Council initiated naming. The Council may choose to waive any part of this guideline by ese policy guidelines do not address the naming of streets, fire or police stations, or naming based on advertising. II.DEFINITIONS City Buildings. City owned facilities which are open to the public and used to conduct City business. Buildings may include, but are not limited to, City Halls, civic/community centers, conference/convention centers, public libraries, and public utility buildings/structures. City Facilities. City owned structures, amenities, or features, which are open to the public and used for City business, or public attractions of any kind, including, but not limited to, athletic fields, bridges, fountains, gymnasiums, library collections and/or departments interior and exterior spaces, meeting rooms, picnic shelters, playground equipment, recreation facilities, swimming pools, tennis courts and basketball courts. City Land. Real estate owned and/or managed by the City, including park property or other open space areas. Funded Project. Any project that the City has fully funded prior to the start of construction. Non-Funded Project. Any project that the City wishes to construct, but for which it lacks designated funding. III. NAMING OF A CITY BUILDING, FACILITY, LAND, OR ANY PORTION THEREOF AFTER AN INDIVIDUAL It is intended that all the criteria in this section be satisfied when considering naming a City facility, building, land, or any portion thereof after an individual. A. Naming After an Individual 1. The individual must be deceased at least five (5) years; and 2. The individual must have been a resident of the City of Denton; and 3. The individual must be of good moral character and must not have been convicted of a felony, or Class A or B misdemeanor; and 4.The individual should have made exceptional contributions to the City of Denton, the State of Texas, or the United States of America; and the i achievements should represent a lasting legacy to the mission of the City building, facility, land, or any portion thereof. B. Naming After an Individual Who Performed Outstanding or Heroic Service Buildings, facilities, land, or any portion thereof may also be named in memory of individuals who died in the line of duty serving the City of Denton, the State of Texas, or the United States of America; or died performing a heroic act, such as saving the life of another person; or a deceased individual who has made a significant and lasting contribution to humanitarian causes on a world or national level. In these instances as appropriate, the City may elect to obtain or attempt to make contact for approval from living family members of the individual recommended for having a City building, facility, land, or any portion thereof named in their honor. C. Naming After a Foundation, Business, or Organization 1. If consideration is given to naming a City building, facility, land, or any portion thereof after a foundation, business, or organization, the foundation, business, or organization considered should have made exceptional local, state, national, or world contributions; and their achievements should represent a lasting legacy to the mission of the City building, facility, land, or any portion thereof. 2. In selected instances, a City building, facility, land, or any portion thereof may be named after a foundation, business, or organization that makes a unique and extraordinary contribution to the development and or usage of the City building, facility, land, or any portion thereof being named. The merits and value of each such naming shall be evaluated on a case-by-case basis. IV. NAMING A CITY BUILDING, FACILITY, LAND, OR ANY PORTION THEREOF THROUGH FUND RAISING OR BY PURCHASING NAMING RIGHTS 1. Any individual for which a City building, facility, land, or any portion thereof may be named, must be of good moral character and must not have been convicted of a felony, or Class A or B misdemeanor. Any foundation, business, or organization must be compliant with all applicable laws, rules and regulations. 2. A City building, facility, land, or any portion thereof may be named as part of a public fundraising campaign, donation, or by purchasing naming rights. 3. Naming rights for a funded project can be accepted at any point during construction. 4. A funding agreement for the naming rights of a non-funded project must be in place prior to start of construction. 5. The required donation to acquire the naming rights of a City building, facility, land, or any portion thereof shall be substantial as determined by the City Council on a case-by-case basis. 6. All funds contributed to naming a City building, facility, land, or any portion thereof will be nonrefundable. 7. In the event a donor fails to meet the total required commitment, the City Council may reconsider the naming of the City building, facility, land, or any portion thereof. 8. It should not be assumed that a financial contribution guarantees that a City building, facility, land, or any portion thereof will be named after an individual or a business, foundation, or organization. V. PLAQUES, MARKERS AND MEMORIALS A. Plaques, markers, and memorials that are requested to be located on a City building, facility, land, or any portion thereof, must be reviewed and approved by the City as to design and maintenance requirements. B. Total costs for purchasing plaques, markers, and memorials involved in the naming of a new City building, facility, land, or any portion thereof, as well as up to five (5) years of maintenance costs, shall be paid by the nominating individual or organization, unless City Council waives such funding. This provision has no application in those instances where the costs of plaques, markers, or memorials are included in the design and construction costs of a project. VI. RENAMING OF A CITY BUILDING, FACILITY, LAND, OR ANY PORTION THEREOF A. In order to honor the decisions of previous City Councils and descendants of individuals after whom a City building, facility, land, or any portion thereof are named, renaming shall typically not occur. B. If it is determined that circumstances have changed such that the criteria set forth in III.A.3 or IV.1 is no longer met, the City Council may elect to remove the name from the City building, facility, land, or any portion thereof. Further, a City building, facility, land, or any portion thereof named after a foundation, business, or organization, which dissolves, is convicted of criminal acts, or for other good and valid reasons, may be renamed. VII. PROCEDURES FOR NAMING CITY BUILDINGS, FACILITIES, LAND, OR ANY PORTION THEREOF A. Groups or individuals may submit nominations for naming a City building, facility, land, or any portion thereof, by submitting a nomination to the City Manager on the City of Denton Name Application Form For City Buildings, Facilities, and Land. B. The City Manager, upon the receipt of the City of Denton Name Application Form For City Buildings, Facilities and Land, shall refer such naming request to the City Council. C. The City Council may appoint a seven-member ad hoc Naming Committee to review the naming request submitted by a citizen or organization. Such committee shall be nominated by individual Council members. In the event of a City Council initiated naming, the Council may, if it desires, appoint an ad hoc committee as outlined herein to investigate and recommend a name for Council consideration. D. At least two members of the ad hoc Naming Committee shall be selected from any impacted advisory board. E. The name or names submitted will be considered by the members of the ad hoc Naming Committee. The committee shall be guided by the provisions of this policy and shall provide a recommendation to the City Council for consideration. F. The final decision for naming a City building, facility, land, or any portion thereof shall rest with the City Council. CITY OF DENTON NAME APPLICATION FORM FOR CITY BUILDINGS, FACILITIES AND LAND 1. Date of Submittal: ________________________________________________________ 2. Individual or Organization Submitting Nomination: ________________________________________________________________________ 3. Signature of Nominator or Organization Representative: ________________________________________________________________________ Point of Contact: ________________________________________________________________________ Address: _______________________________________________________________ City, State, Zip: __________________________________________________________ Telephone: _____________________________________________________________ Email: _________________________________________________________________ 4. Nominee (Check One): Individual Organization 5. Recommended Name of City Building, Facility or Land: ________________________________________________________________________ 6. Location of City Facility, Building or Land: ________________________________________________________________________ 7. Explanation of why this name should be considered. biographical information and vitae or resume. Use additional sheets, if necessary: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Planning & Development ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding the development stated in the tax credit application submitted by the AMCAL Multi-Housing Inc. to the Texas Department of Housing and Community Affairs for the development of the Villages at Elk River, an affordable Elderly Housing facility BACKGROUND AMCAL Multi-Housing, Inc. recently submitted a pre-application to the Texas Department of Housing and Community Affairs (TDHCA) for a Housing Tax Credit (HTC) program allocation to develop senior housing on approximately 6.9 acres west of I-35 and north of Cinemark 14 in Unicorn Lake. The subject 6.9-acre site is currently zoned Regional Center Commercial Downtown (RCCD). The Villages at Elk River development will consist of 160 units, of which, approximately 144 units will be for low-income senior tenants. Due to the fact that the City of Denton currently has twice the State average of HTC units per capita, approval of the development by City Council is required by T scoring procedures for the HTC application process. The Villages at Elk River proposal states that 70% of the units will be one-bedroom/one-bath units and 30% will be two-bedroom/two-bath units. Below is a chart showing the tenant income levels for a single-person household that will be served by the development: Percentage of Units 10% 40% 50% Percentage of Area 30% AMI 50% AMI 60% AMI Median Income (AMI) Income Level $14,750* $24,550* $29,460* The proposed development will comply with all applicable accessibility standards and will be affirmatively marketed to veterans. Common amenities that will be included are full perimeter fencing with controlled gate access, gazebo with sitting area, fitness center, business center, community center and green amenities that promote energy and water conservation. Due to the fact that the City of Denton currently has twice the State average per capita of HTC units, the City Council must approve a resolution in support of the application. DISCUSSION In a document submitted to the City from Donna Rickenbacker of Marque Real Estate Consultants (hereto attached as Exhibit 1), it is stated that the proposed elder housing development will be an Elderly Housing, Life Care Housing and Services facility. This use is permitted in the RCCD zoning district by right. However, after reading the services that are that what is being proposed in more consistent with a Congregate Care facility, as defined by Sub-Chapter 23 of the DDC. Sub-Chapter 23 of the DDC defines Elder Housing as: A structure licensed by the Texas Department of Aging and Disability, eighty percent (80%) of whose occupants are fifty five (55) years of age and older, and that meets the definition of one of the three (3) uses listed below: Elderly Housing, Assisted Living: 1.Services in these establishments include assistance with daily activities, such as dressing, grooming, bathing, etc.; Elderly Housing, Congregate Care Facility: 2.A facility for long-term residence generally for persons 55 years of age or older, and which shall include, without limitation, common dining, social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which shall include at least two of the following: meals services, transportation, housekeeping, linen, and organized social activities; or Elderly Housing, Life Care Housing and Services: 3.A residential complex, which may contain multi-family dwellings, attached dwellings, single-family dwelling and other types of dwellings and structures designed for and principally occupied by senior citizens. Such facilities will include one of the following: a congregate meals program in a common dining area, assisted living housing, nursing home facilities, congregate care facilities, or medical facilities. On February 16, 2012, staff conducted a conference call with Donna Rickenbacker and et al to gain additional insight of the proposed development. Based on the discussions, it appeared that IS NOT the proposed development an Elderly Housing development as defined by the DDC, but an age restricted multi-family development with enhanced services (organized social activities and transportation) for tenants with limited income. Per Sub-Chapter 5 of the DDC, a multi-family development is permitted in the RCCD zoning district via Limitations 4 and 6 (L(6) and L(4)). In accordance with L(4), a multi-family development is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. 2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. In this instance, options 2-5 are not applicable as the subject property is not a part of a Master Plan Development; is not a part of a Mixed-Use Development; did not receive zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005- 224, which created L(4); and is not within a City Council approved neighborhood (small area) plan. Therefore, an SUP is required to construct the proposed multi-family development. nd In accordance with L(6), a multi-family development is story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail usThe proposed site of the proposed Villages at Elk River development is not located along an avenue, collector, or arterial street; hence, the structure in which this proposed multi-family use is to contained is not required to have office or retail uses on the ground floor. However, the ground floor of the structure must be occupied by some other commercial use(s) permitted by the RCCD zoning district. Taking into consideration the current applicability of L(4) and L(6), the proposed multi-family development may only be permitted at the proposed location under the current zoning district via AND an SUP, the ground floor of the development must be occupied by at least one (1) commercial use permitted by the RCCD zoning district. REVITALIZATION Staff understands that the Applicant will be seeking a Community Revitalization point. The Applicant anticipates that action by the Council approving these resolutions will establish the area for revitalization and thus help them qualify for the additional point. If the Council approves these resolutions, a signed letter will be submitted to the TDHCA stating that this area has been identified for revitalization. To qualify for this point, per Section (A) of the requirements stated below, the site of the proposed development must be within a community revitalization plan that was approved via a public hearing process, either by ordinance, resolution or other vote by the City Council. There is not a community revitalization plan approved for the subject area. Community Revitalization (§42(m)(1)(C)(iii)) or Historic Preservation. Applications may qualify to receive (1 point) under subparagraph (A) or (B) of this paragraph. The purpose of this scoring item is to provide an incentive for community transformation (including Qualified Census Tracts) by utilizing already existing capacities and providing long-term improvements to specific geographic areas as well as preserving federal or state designated historic buildings. (A) Any Development, regardless of whether located in a Qualified Census Tract that is part of a community revitalization plan. To qualify for these points a letter from the Appropriate Local Official must be submitted affirming that the Development is located within the specific geographic area covered by the plan, that the plan is not a Consolidated Plan or other Economic Development Plan or city-wide plan, the plan has been approved or adopted by ordinance, resolution, or other vote by the Governing Body with jurisdiction over the area covered by the plan (or, if such body has delegated that responsibility to another body by resolution, ordinance, or other vote, the body to which the responsibility was delegated) in a process that allows for public input and/or comment. OPTIONS 1.Approve resolution for submission of final application to TDHCA by AMCAL Multi- Housing. 2.Deny approval of resolution and submission of the final application. RECOMMENDATION The Applicant may develop the subject site with an Elder Housing or Multi-Family development in accordance with the Denton Development Code. The staff will continue to research the requirements of the TDHCA and those of the City of Denton and will make a final recommendation to Council prior to action of the City Council on February 21. EXHIBITS 1.Zoning Letter from Donna Rickenbacker 2.Site Map/Zoning Map 3.Resolution, Villages of Elk River 4.Resolution, New Development Respectfully submitted: ______________________________ Fred Greene Assistant City Manager Prepared by: _______________________ Mark A. Cunningham, AICP, CPM Director of Planning and Development RCC-D RCC-D RCC-D RCC-N RCR-1 NRMU NR-2 RCC-N RCC-D RCR-2 RCR-1 RCR-1 RCR-2 NR-3 RCC-N RCC-N NR-2 NR-3 RCC-D NR-3 NR-4 RCR-1 NR-2 SITE NR-3 RCC-D NR-3 NRMU NR-4 NR-3 RCC-D RCC-N NR-3 NRMU NR-4 NR-3 NR-4 BRIGHTON NRMU RCC-N NRMU-12 NR-3 NR-4 NRMU-12 NRMU NR-2 PD NRMU NRMU NRMU-12 NR-4 february 2012\february 21 - 2012\village of elk river \\codad\global\agendas\neighborhood svcs\2012 agenda items\ tax credit housing\villiages as elk river resolution.docx RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, FOR SATISFYING SECTION 50.8(2)(A) OF THE TEXAS ADMINISTRATIVE CODE CAPITA SUPPORTED BY HOUSING TAX CREDITS AND PROVIDING AN EFFECTIVE DATE. for affordable rental housing targeted for the senior population on 6.926 acres west of I-35E and north of Cinemark 14 at Unicorn Lake, in the City and Cou analysis of the proposed development; however, to date, the Applicant has not filed with the City a formal application for the development; and WHEREAS, the Applicant intends to submit an application to the Texas Department of ) for 2012 Housing Tax Credits for the proposed dev WHEREAS, pursuant to Section 50.8(2)(A) of the Texas Administrative Code, the City acknowledges it has more than twice the state average of units per capita supported by Housing Tax Credit; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals stated hereinabove are incorporated into this Resolution. SECTION 2. The City hereby supports development which complies with all City of Denton zoning, development, and construction ordinances, and supports the allocation of Housing Tax Credits for any such development. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2012. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY february 2012\february 21 - 2012\village of elk river \\codad\global\agendas\neighborhood svcs\2012 agenda items\ tax credit housing\villiages as elk river resolution.docx BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ Page 2 february 2012\february 21 - 2012\village of elk river \\codad\global\agendas\neighborhood svcs\2012 agenda items\ tax credit housing\new development resolution.docx RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, DESIGNATING AN AREA IN THE CITY OF DENTON FOR DEVELOPMENT OF ELDERLY HOUSING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, need of revitalization and new development; and WHEREAS, the City will benefit from developing certain areas of the City and supports community transformation, revitalization, and new development efforts in areas that will preserve, strengthen, and enhance the creation of new neighborhoods and will stabilize and improve property values; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals stated hereinabove are incorporated into this Resolution. SECTION 2. The City finds that it is in the public interest to encourage and support community transformation and development activity so long as the activity: A. Preserves, promotes, and enhances the quality of life and values of surrounding properties and neighborhoods without financial incentives; and B. Any development supports the goals and objectives of the City as set forth in the Denton Plan 1999-2020 Comprehensive Plan of the City of Denton and meets the requirements of all zoning, use, and building restrictions set forth in all ordinances of the City. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2012. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: february 2012\february 21 - 2012\village of elk river \\codad\global\agendas\neighborhood svcs\2012 agenda items\ tax credit housing\new development resolution.docx ANITA BURGESS, CITY ATTORNEY BY: __________________________________ Page 2 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Municpal Judge’s Office CM/ ACM: Robin A. Ramsay, Denton Municipal Judge SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, appointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; establishing term of office for the Municipal Judge in accordance with applicable state statutes; providing for renewal and extension of term absent specific action by Council; authorizing the Mayor to execute an employment agreement for term of office; ratifying terms of the employment agreement; and declaring an effective date. BACKGROUND The judicial appointment for a term of office is more a question of legal authority, and is not merely an issue of employment or compensation. The judicial appointment process under the Denton City Charter, Code of Ordinances and Chapter 30 of the Texas Government Code is intended to address the validity and enforceability of the Court’s judgments and orders. While the Presiding Municipal Judge serves at the pleasure of the Council and may be removed during the appointed term, the period of appointment is for a specific two (2) year period. Under Article VI, Section 6.03 of the Denton City Charter, as well as Article II, Section 19-36 of the Denton Code of Ordinances, the Presiding Judge shall be appointed in even-numbered years, and the alternate judges appointed in odd-numbered years. While statutory and case law provides for the “automatic re-appointment” of municipal judges once appointed, this Council has, over the past few years, brought a degree of regularity to this process by taking the affirmative action of appointing or re-appointing the Presiding Judge and Assistant Judges for the Denton Municipal Court, as provided by ordinance and statute. OPTIONS The City Council may appoint any persons they feel are qualified and competent to serve in the capacity as Presiding Municipal Judge for the City of Denton Municipal Court, and could continue to do so in regular increments every two years. In the alternative, the Council could rely on provisions of state law that provide for the automatic re-appointment of municipal judges in the event of inaction by the Council serving for consecutive terms occurring after a judge has been legally appointed once. RECOMMENDATION It is the recommendation of the Judge’s Office that the Council adopt the proposed ordinance of appointment so as to comply with the Denton City Charter and Code of Ordinances and Chapter 30 of the Government Code, and continue to do so on a bi-annual basis, with the Presiding Judge being appointed in even-numbered years and the Assistant Judges appointed in odd-numbered years. ESTIMATED SCHEDULE OF PROJECT Effective upon appointment and adoption of ordinance. FISCAL INFORMATION The appointment or re-appointment of the Municipal Judge will have no fiscal or financial impact, as there are no additional costs or additional positions created. Any compensation will be derived from the currently budgeted amounts. BID INFORMATION Not Applicable. (Professional Services) EXHIBITS 1 – Ordinance of Appointment 2 – Employment Agreement Respectfully submitted: ___________________________________ Robin A. Ramsay Presiding Municipal Judge Denton Municipal Court of Record No.1 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approval of a resolution allowing Tejas Storytelling Association to be the sole participant allowed to distribute/not sell alcoholic beverages at the Texas Storytelling Festival on March 10, 2012, 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. Parks, Recreation and Beautification Board recommended approval with a vote of 4-0. Staff recommends approval of the Texas Storytelling Festival request. BACKGROUND The Storytelling Festival holds a Talespinner Dinner on Saturday night in the Civic Center. There will be beer and wine served during the dinner hours: 5:00 p.m. until 6:30 p.m. The Civic Center is the only facility in Quakertown Park where, alcohol is permitted. RECOMMENDATION Staff recommends approval of the resolution and agreement as submitted, which is consistent with agreements for other events serving alcoholic beverages. PRIOR ACTION/REVIEW (Council, Boards, Commissions) An ordinance was adopted on October 6, 2009, requiring approval by City Council for an event that is open to the public to have alcohol in the Civic Center building, and, in accordance with the ordinance, requests for the event in prior years have been approved by Council. This request was presented to the Parks, Recreation and Beautification Board on February 6, 2012, and passed with a vote of 4-0. FISCAL INFORMATION None. EXHIBITS 1.Letter of Request 2.Parks, Recreation and Beautification Board Minutes of February 6, 2012 3.Resolution 4.Civic Center Agreement Respectfully submitted: Emerson Vorel Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator DRAFT Parks, Recreation and Beautification Board Minutes February 6, 2012 Civic Center Community Room Members present : Carol Brantley, Alex Lieban, Janet Shelton; Russ Stukel Members absent: Vicki Byrd, Dave Rowley, Derrick Murray Staff present: Emerson Vorel, Jim Mays, Janie McLeod REGULAR MEETING 1.CALL TO ORDER Vice Chairperson Brantley called the meeting to order at 6:00 p.m. 2.APPROVAL OF MINUTES OF JANUARY 9, 2011 MEETING: With no changes to the minutes, Member Lieban made a motionto approve the minutes, Member Shelton seconded and the motion carried with a vote of 4-0. 3.AWARDS AND RECOGNITIONS: NONE 4.ACTION ITEMS: A. Consider a Request from Tejas Storytelling Association to Serve Alcoholic Beverages at Texas Storytelling Festival McLeod explained that this event has been going on for approximately 28 years and any time an event open to the public serves or sells alcohol in the Civic Center it must come to the Park Board first before going to Council for approval. At this event an alcoholic beverage will be served with a meal to those that have purchased a ticket. to be the sole participant allowed to provide alcoholic beverages at the Texas Storytelling Festival, Member Stukel seconded and the item passed with a vote of 4-0. B. Change date of the next Parks, Recreation and Beautification Board Meeting from March 5 to March 12, 2012 The Park Board Chairperson made a request that the March meeting be thth changed from the 5 day of the month to the 12. Member Lieban made a motion to approve moving the March 5 meeting of the Parks, Recreation and Beautification Board meeting to March 12, 2012, Shelton seconded and the item passed with a vote of 4-0. DISCUSSION ITEMS: 5. NONE OTHER BUSINESS: 6. A.Parks Department Projects Status Report Mays updated the Board on various projects on the list, including: Quakertown Park Getting the project set up. Mack Park Getting the necessary permits to replace the small shelter at the park. Denton Branch Rail Trail Bridge Project The bids came in $400,000 higher than estimated. We are looking at cost cuts and/or additional funding sources for the project. McKamy-Evers-Cooper Creek Trail Bridge No significant change since last update. Milam Park land and house acquisition No significant change since last update. Carl Young Sr. Park land and house acquisition No significant change since last update. Owsley Park This project is moving forward. North Lakes Working with our partners on this. Adult Soccer Field Development Project Vorel is going to Council on February 21 to ask for Tree Mitigation funds to purchase additional property to allow us to preserve the area immediately north of the lake on Windsor, which will then be put in a conservation trust to keep the area unaffected. The Tree Mitigation Fund was set up to acquire property, planting trees, public education and tree maintenance. mature tree that has been around for many years. Vorel stated that the vision is to turn the preserved space into a learning area with trails and signage. The new animal adoption center will also be in that area and be connected to the trails if this all goes as planned. Members Stukel and Lieban wanted to know if the parks pictures and locations are on the City website. Member Lieban suggested that it would be nice to go to one place and find where the parks are and the amenities in each park. Member Stukel would like to be able to see what park is close to a specific address. Mays and Vorel will check into their requests. Public Art Committee Meeting Minutes Draft Location of Public Art in City Buildings. B. Vorel stated that the Public Art Committee is moving forward with publishing the book of poems and pictures. The first draft will be reviewed on Thursday, February 9. Member Stukel asked how much the book would sell for and where the funds would go. McLeod stated the book will sell for $24.99. Vorel stated that the money goes back into the Hotel Occupancy Tax (H.O.T.) Fund. 7.FUTURE AGENDA ITEMS: NONE With no further items on the agenda, Vice Chairperson Brantley asked for a motion to adjourn the meeting. Member Stukel made the motion to adjourn, Member Lieban seconded and the meeting was adjourned at 6:35 p.m. z:\108214\2011 special events/texas storytelling festival\2012 texas storytelling festival alcohol contract.com CIVIC CENTER AGREEMENT FOR THE TEXAS STORYTELLING FESTIVAL STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this ______ day of ______________, 2012, by and between the City of Denton, a municipal corporation, hereinafter referred to as the “CITY” and Elizabeth Ellis doing business as TEJAS STORYTELLING ASSOCIATION, hereinafter referred to as “ASSOCIATION”. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to ASSOCIATION the exclusive privilege to distribute/not sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the TEXAS STORYTELLING FESTIVAL on March 10, 2012 to be held at the Civic Center. This privilege does not extend beyond the date of the TEXAS STORYTELLING FESTIVAL for the year 2012. ARTICLE 2 SCOPE OF SERVICES ASSOCIATION in order to exercise the privilege to distribute/not sell alcoholic beverages must perform the following: A.ASSOCIATION shall be solely responsible for the rental and payment for any booth space necessary for the distribution/not sale of alcoholic beverages at the TEXAS STORYTELLING FESTIVAL. B.ASSOCIATION shall be solely responsible to obtain any temporary license and permit necessary for the distribution/not sale of alcoholic beverages at the TEXAS STORYTELLING FESTIVAL. C.ASSOCIATION shall be solely responsible for the obtaining and paying for any security necessary for their distribution/not sale of alcoholic beverages at the TEXAS STORYTELLING FESTIVAL. ASSOCIATION’S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of distributing/not selling alcoholic beverages at the TEXAS STORYTELLING FESTIVAL. AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT allowed to sell alcoholic beverages at the 35 Denton music festival held on March 9 - March 11, 2012, 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. Staff recommends approval of BACKGROUND The 35 Denton outdoor concerts will be held on Hickory Street and in the Williams Trade Square. has requested permission to sell alcoholic beverages on City property during the festival. RECOMMENDATION Staff recommends approval of the resolution and agreement as submitted, which is consistent with agreements for other events serving alcoholic beverages. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The request to allow the sale and consumption of alcohol on City property for this event was approved at the February 15, 2011, City Council meeting. FISCAL INFORMATION None EXHIBITS 1.Letter of Request 2.Resolution 3.City of Denton Agreement with Respectfully submitted: Emerson Vorel Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute an Investment Advisory Services Contract with First Southwest Asset Management, Inc. for an amount not to exceed $52,000; and providing an effective date. The Audit/Finance Committee recommends approval (Vote 2-0). BACKGROUND stipulates a contract length of two years and requires a City Council ordinance to renew or extend the agreement. The current contract expires with First Southwest Asset Management, Inc. (FSAM) on May 31, 2012. FSAM has assisted the City in various capacities since 1998; however, the current contract began in June 2008 which expanded their services and was subsequently extended by the City Council in March 2010 for an additional two year term. The City currently pays FSAM a quarterly fee of $6,500 which was reduced from $9,000 in October 2010 due to the challenging economic environment. FSAM has offered to honor the reduced fee structure for another two years. FSAM brings numerous advantages to the fiduciary investment relationship with the City, and staff has been pleased with the results. One important benefit has been the access to security offerings provided by their extensive broker/dealer network of 34 participants. FSAM is unique among investment advisors in their ability to offer their clients a large number of security offerings which derives from their affiliation with First Southwest Company (FSW) and their securities clearing operation. The FSW securities clearing operation eliminates the need for FSAM clients to maintain active accounts at each individual broker-dealer while providing customers access to many more security offerings than would otherwise be possible. This feature allows FSAM to find the most competitively priced securities for their clients amongst a broad array of market participants. FSAM is in the market daily due to the large number of assets under management ($6 billion) which, in turn, helps facilitate competitive pricing from their broker/dealer network. All security purchases and sales are conducted on a documented competitive basis. Other benefits of the FSAM relationship include: 1)Provision of a daily market newsletter providing pricing information and trends for varying types of securities at different maturity levels which aids in planning security purchases. 2)Access to timely market data, pricing, and inventories through its Bloomberg terminals. Agenda Information Sheet February 21, 2012 Page 2 3)Assistance with special requests such as collateral valuation, money market fund/pool comparisons, investment accounting questions, U.S. government agency securities and commercial paper research, investment policy modifications, etc. 4) banks interested in participating. 5)Attendance at quarterly investment committee meetings to discuss economic trends, interest rates, and investment strategies. Since this contract is for professional services, it is exempt from competitive bidding requirements. More importantly, staff is very satisfied with the services provided by FSAM, and it is unlikely that another firm in the marketplace could provide a better combination of value and expertise to the City. As a result, on January 5, 2012, the staff composed investment committee unanimously recommended approval of a new two year contract with a two year optional renewal for FSAM investment advisory services. RECOMMENDATION Staff recommends approval of a new two year FSAM investment advisory contract with a two year optional renewal. The Audit/Finance Committee recommended that the FSAM contract be presented to the City Council for consideration on February 21, 2012. PRIOR ACTION/REVIEW (Council/Boards/Commissions) On February 15, 2010, the Audit/Finance Committee unanimously recommended approval to forward the two year contract extension with FSAM to the City Council for consideration. On March 2, 2010, the City Council approved an ordinance authorizing the extension of the two year contract with FSAM. On February 14, 2012, the Audit/Finance Committee unanimously recommended approval to forward a new investment advisory contract to the City Council for consideration. Respectfully submitted: Bryan Langley CFO and Director of Strategic Services AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance approving the City Manager to execute a Bond Counsel Agreement between the City of Denton and McCall, Parkhurst & Horton, LLP; approving the expenditure of funds therefor; and providing an effective date. BACKGROUND In 2007, the City of Denton conducted a Request for Proposals (RFP) for bond counsel services. The City received four (4) proposals, which were reviewed and ranked based on the following criteria: Capability, experience and reputation of the firm (30%) Type of Fee Schedule (25%) Qualifications and experience of assigned staff (20%) Quality and responsiveness of the proposal (15%) The selection committee ranked McCall, Parkhurst & Horton, LLP as the highest and the Council awarded the contract on March 27, 2007. . The Firm has a long history of working with the City and staff is familiar with their qualifications and their capabilities. The contract with the Firm is scheduled to expire on March 26, 2012. In anticipation of this is recommending a new five year contract be awarded to the Firm. Since this contract is considered a professional service, it is exempt from competitive bidding. RECOMMENDATION Staff recommends approval of a five-year bond counsel services contract with McCall, Parkhurst & Horton, LLP. Agenda Information Sheet February 21, 2012 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 19, 2007, the Audit/Finance Committee recommended approval to forward a bond counsel services contract with McCall, Parkhurst & Horton, LLP, to the City Council for consideration. On March 27, 2007, the City Council adopted an ordinance approving a five-year contract with McCall, Parkhurst & Horton, LLP, for bond counsel services. On November 7, 2011, the Audit/Finance Committee endorsed staffs recommendation to forward a bond counsel services contract with McCall, Parkhurst & Horton, LLP, to the City Council for consideration. No formal action was taken by the Committee. FISCAL INFORMATION The fee structure for McCall, Parkhurst, and Horton, LLP reflects a slight reduction from the current contract and the Firm has already agreed to implement this new fee structure which will impact our upcoming bond sale. As an example, a $50 million bond sale under the previous contract would have resulted in $54,000 in bond counsel fees. However, the revised fee structure would result in a fee of $51,500 representing a savings of $2,500. Below is a detailed breakdown of the F: $5,000 for the first $1,000,000 of bonds; $1.00 per $1,000 of bonds for the next $9,000,000 of bonds; $0.95 per $1,000 of bonds for the next $30,000,000 of bonds; and $0.90 per $1,000 of bonds thereafter. If an issue of bonds exceeds $100,000,000 in principal amount, the Firm and the City will discuss and consider discounts to the fee schedule and the fees for such an issuance of bonds will be set at an amount agreed to by the Firm and the City. Other services as may be necessary, such as for continuing disclosure will be billed at $150/hr for associates and $250/hr for partners. the Firm will not submit a bill for continuing legal advice on bond matters throughout the year. Respectfully Submitted By: Bryan Langley Chief Financial Officer S:\Legal\Our Documents\Ordinances\12\McCall Parkhurst & Horton.doc ORDINANCE NO. __________ AN ORDINANCE APPROVING THE CITY MANAGER TO EXECUTE A BOND COUNSEL AGREEMENT BETWEEN THE CITY OF DENTON AND MCCALL, PARKHURST & HORTON, LLP; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has selected McCall, Parkhurst & Horton, LLP for the purpose of providing bond counsel services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the Bond Counsel Agreement, attached hereto, between the City of Denton and McCall, Parkhurst & Horton, LLP. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as outlined in the attached Agreement and to exercise all rights and duties of the City of Denton under the Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2012. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ AGENDA INFORMATION SHEET AGENDA DATE : February 21, 2012 DEPARTMENT : Finance ACM : Jon Fortune SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager to execute a Consulting Services Agreement for Financial Advisory, Arbitrage Rebate and Continuing Disclosure services between the City of Denton and First Southwest Company and Affiliate First Southwest Asset Management; approving the expenditure of funds therefor; and providing an effective date. BACKGROUND In 2007, the City of Denton conducted a Request for Proposals (RFP) for financial advisory services. These services are essential in the preparation, coordination, oversight and sale of municipal debt to fund City infrastructure. The City received four (4) proposals, which were reviewed and ranked based on the following criteria: Capability, experience and reputation of the firm (30%) Type of Fee Schedule (25%) Qualifications and experience of assigned staff (20%) Quality and responsiveness of the proposal (15%) The selection committee ranked First Southwest Company (FSW) as the highest choice for financial advisory services. The firm has a long history working with the City and staff is familiar with their qualifications and their capabilities. First Southwest Company has provided excellent service to the City and has established a cooperative working relationship with staff. In 2010, the City consolidated three (3) contracts with First Southwest Company and affiliate First Southwest Asset Management. The contracts were for financial advisory, arbitrage rebate, and continuing disclosure services. While these services are interrelated, they are performed independently of each other. However, the fact that all these services are performed by FSW ensures that any interrelated matters are immediately known and communicated to each respective area within FSW. For exampl advisory division in the issuance process but it also requires certain disclosure obligations performed by the continuing disclosure division and eventually, the arbitrage division must be made aware of the new issuance to comply with arbitrage requirements in the future. As a result, economies of scale are realized by having a single entity perform all these various functions. Agenda Information Sheet February 21, 2012 Page 2 The current agreement with First Southwest expires on March 26, 2012. In anticipation of this recommends that a new five year contract be entered into with First Southwest. Since this service is a professional service, it is exempt from competitive bidding. PRIOR ACTION/REVIEW On February 19, 2007, the Audit/Finance Committee recommended a contract with First Southwest Company for financial advisory services be reviewed by the City Council for approval. On March 27, 2007, the City Council adopted Ordinance No. 2007-059 approving the City Manager to execute a financial advisory services agreement with First Southwest Company. On November 16, 2010, the Audit/Finance Committee unanimously recommended approval to financial advisory, continuing disclosure and arbitrage services to the City Council for consideration. On December 7, 2010, the City Council adopted Ordinance No. 2010-304 approving the City Manager to execute a consolidated agreement with First Southwest Company and affiliate First Southwest Asset Management for Financial Advisory, Arbitrage Rebate, and Continuing Disclosure services. forward a consolidated agreement with First Southwest Company and affiliate First Southwest Asset Management for Financial Advisory, Arbitrage Rebate, and Continuing Disclosure services to the City Council for consideration. No formal action was taken by the Committee. RECOMMENDATION Staff recommends approval of the agreement and ordinance. Respectfully submitted: Bryan Langley Chief Financial Officer s:\legal\our documents\ordinances\12\first southwest company.doc ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT FOR FINANCIAL ADVISORY, ARBITRAGE REBATE AND CONTINUING DISCLOSURE SERVICES BETWEEN THE CITY OF DENTON AND FIRST SOUTHWEST COMPANY AND AFFILIATE FIRST SOUTHWEST ASSET MANAGEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has selected First Southwest Company and affiliate First Southwest Asset Management for the purpose of financial advisory services, continuing disclosure services, and arbitrage services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations in the preamble are true and correct and are incorporated herewith as part of this Ordinance. SECTION 2. The City Manager is hereby authorized to execute a professional services agreement between the City of Denton and First Southwest Company and affiliate First Southwest Asset Management, which is attached hereto and incorporated herein by reference. SECTION 3. The City Manager, or his designee, is authorized to make the expenditures as outlined in the attached Agreement and to exercise all rights and duties of the City of Denton under the Agreement. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2012. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ CONSULTING SERVICES AGREEMENT FOR FINANCIAL ADVISORY, ARBITRAGE REBATE AND CONTINUING DISCLOSURE SERVICES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the __________ day of ________________, 2012, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Main Str herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT and FSAM, as independent contractors, and the CONSULTANT and FSAM hereby agree to perform the services herein in connection with the Projects as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described projects: The Projects shall include, without limitation, the provision of financial advisory and continuing disclosure services to be performed by the Consultant and the provision of arbitrage rebate services to be performed by FSAM. ARTICLE II SCOPE OF SERVICES The CONSULTANT and FSAM shall perform the following services in a professional manner: A.CONSULTANT shall perform all those services set forth in the Financial Advisory Agreement attached hereto as Attachment A, which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter at 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute Change Order One to the contract between the City of Denton and Johnston Technical Services, Inc., (JTS); providing for the expenditure of funds therefor; and providing an effective date (File 4751-Change Order One to the Design and Installation of Wireless Communication Network for Lake Lewisville Raw Water Pump Station and Lake Lewisville Water Treatment Plant in the amount of $37,427.35 for a total award of $136,179.41). The Public Utilities Board recommends approval (7-0). FILE INFORMATION The current communication method between the Lake Lewisville Raw Water Pump Station and the Lake Lewisville Water Treatment Plant is a City owned buried copper cable that was put into operation in 1975 with the 30 inch raw water transmission line. A newer communication technology is needed to drastically increase the reliability of the communications between these two facilities. Frequent communication loss due to age and condition of the cable and increasing signal interferences between Denton and Lake Lewisville, is the main reason for a wireless radio system. Another benefit of a wireless radio system is to better protect this very essential remote facility and the water intake structure. This licensed radio system will permit continuous video surveillance monitoring by the Lake Lewisville Water Treatment Plant staff. io network originally was scheduled in four phases- a complete description of the project is included in the attached February 13, 2012 Public Utilities Board Agenda Information Sheet (Exhibit 1). The plans for the second half of Phase II have come full circle recently with the completion of a 180 foot communication tower at the Lake Lewisville Raw Water Pump Station site. The City Manager approved the contract for the tower construction on September 2, 2011 in the amount of $98,752.06. Three quotes were obtained, and the contract was awarded to JTS through the State of Texas Building and Procurement Commission Department of Information Resources (DIR) contract. Now that the tower is erected, change order one is required to complete the reliable communication link between the Lake Lewisville Raw Water Pump Station and the Lake Lewisville Water Treatment Plant. The change order is for installation of one licensed microwave link designed for throughput between the two facilities (Exhibit 2). The addition of change order one in the amount of $37,427.35 Agenda Information Sheet February 21, 2012 Page 2 PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) On February 13, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve change order one to Johnston Technical Services, Inc. in the amount of $37,427.35 for a total award of $136,179.41. PRINCIPAL PLACE OF BUSINESS Johnston Technical Services, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT Installation of the equipment is estimated to be six weeks from the date of order. FISCAL INFORMATION Change order one will be funded from Revenue account# 630262517.1360.40100. This will be added to Purchase Order 154970. EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet Exhibit 2: Quote from Johnston Technical Services, Inc. Exhibit 3: Public Utilities Board Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4751 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA ITEM # AGENDA INFORMATION SHEET AGENDA DATE: February 13, 2012 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, Utilities, 349-8232 ______________________________________________________________________________ SUBJECT Consider a recommendation of an approval of a change order one to a contract with Johnston Technical Services, Inc. (JTS) in the amount of $37,427.35for the design and installation of a licensed wireless radio communication network connecting the Lake Lewisville Raw Water Pump Station (LLRWPS) to the Lake Lewisville Water Treatment Plant (LLWTP). (File 4751) BACKGROUND The current communication method between the Lake Lewisville Raw Water Pump Station and the Lake Lewisville Water Treatment Plant is a City owned buried copper cable that was put into operation in 1975 with the 30 inch raw water transmission line. A newer communication technology is needed to drastically increase the reliability of the communications between these two facilities. Frequent communication loss due to age and condition of the cable and increasing signal interferences between Denton and Lake Lewisville are the main drivers for this radio system. Another benefit of this radio system is to better protect this very important remote facility and the water intake structure. This licensed radio system will permit continuous video surveillance back to the Lake Lewisville Water Treatment Plant to be monitored by staff. Phase I which connected the two treatment plants via Northwest elevated storage tank was completed during October 2003. Phase II has two parts. The first part, which connects to the McKenna Park elevated storage tank and booster station, was completed during August of 2004. The second part is the connection to the Lake Lewisville Raw Water Pump Station. Phase III was completed in 2006 and connects the Lake Lewisville Water Treatment Plant to the Southwest Booster Pump Station. Lastly, Phase IV connects the Lake Lewisville Water Treatment Plant to the Riney Road elevated storage tank. Phase IV was completed in 2009. The cost of the second half of Phase II, in the presentation to the PUB and CC in 2005, was originally $69,203.00. This price was for two radio systems that would require the use of a water tower in Highland Village. Over the years part two of Phase II has been altered and revised based on different options on how best to communicate between these two facilities. The plans for the second half of Phase II have come full circle recently with the completion of a 180 foot communication tower at the Lake Lewisville Raw Water Pump Station site. Now that this tower is erected, this licensed AIS PUB Agenda Item # February 13, 2012 Page 2 of 2 radio system is required to complete the reliable communication link between Lake Lewisville and the Lake Lewisville Water Treatment Plant. The City Manager approved the contract for the tower construction on September 2, 2011 for $98,752.06. Three quotes were obtained, and the contract was awarded to JTS through the Department of Information Resources (DIR) interlocal contract. The addition of change order RECOMMENDATION Recommend approval of change order one to the contract with Johnston Technical Services, Inc. for the design and installation of a licensed wireless radio communication network connecting Lake Lewisville Raw Water Pump Station to the Lake Lewisville Water Treatment Plant. This is the second half of Phase II of RFP 3057, for $37,427.35. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Johnston Technical Services, Inc. (JTS) was identified as the best value for the City through the RFP process (RFP 3057). RFP 3057 was taken to the PUB on 10-6-2003 and was approved by the City Council on 10-7-2003. JTS was chosen based on their previous experience in the Utility field, Denton County, Denton Independent School District, University of North Texas and the City of Denton Technology Services Department. DATE SCHEDULED FOR COUNCIL APPROVAL February 21, 2012 FISCAL INFORMATION JTSQ577-01 in the amount of $37,427.35 has been submitted for this job. EXHIBIT 1. JTSQ5707-01 Respectfully submitted , Jim Coulter Director of Water Utilities Prepared by Tim Fisher Assistant Director of Water Utilities Exhibit 2 JTS Proposal 5310 S Cockrell Hill Road972-620-1435 Phone Quote # JTSQ5707-01 Dallas, TX 75236972-247-5023 Fax Date 05/18/11 "Architects and Builders of Data, Voice, and Video Highways" Sales Rep. Jim Johnston Quote To:Ship To:Project Kathy A GaultKathy A Gault Licensed Microwave Link NWEST to LLRWPS City of Denton, *Water Production*City of Denton, *Water Product 1701 B Spencer Road1701 B Spencer Road Denton, TX 76205Denton, TX 76205 SCOPE OF WORK: This quotation (based on contract DIR-SDD-1529) i 11GHz Cielo Networks SkyLink PTP licensed microwave link designe the NWEST Elevated Storage Tank (EST) and a tower at Lake Lewsiv This turnkey insallation includes FCC licensing, all necessary C grounding, connectors, protectors, and other necessary hardware. link can be upgraded in the future up to 240 Mbps with optional At LLRWP, cabling from the tower will be installed in undergroun will be installed at the top of the tower near at the radio/ante pump station. Surge protectors will be gorunded. An indoor equipment cabinet with front and rear doors will be in will be installed in this equipment cabinet. Power to the equipm Denton. JTS will also install in the cabinet a UPS and Ethernet - Pricing is in accordance with State of Texas DIR contract #DIR Quote # MUST be referenced on the PO. - Contract Term End Date for DIR-SDD-1529 is 08/26/2011. Expirat - This quotation is valid for a period of sixty (60) days. Prici - This quote does not include sales tax (end customer is tax-exe - All equipment warranties, unless otherwise noted, are pass-thr - JTS warrants all workmanship for a period of one (1) calendar - JTS' Tax ID number is: 752621300. - Lead time for the equipment rack is 1-2 weeks, the microwave l complete, approximately 6 weeks ARO. Ln #QtyDescription 1SubTotal Cielo Equipment w/4' antennas $25,444.75 2SubTotal Hardware, cable, connectors, grounding $2,822.60 3SubTotal Cabinet $1,714.29 4Subtotal - Project Management/Labor/Travel $5,685.71 5Subtotal - FCC Licensing $1,760.00 SubTotal $37,427.35 Sales Tax $0.00 Shipping $0.00 Total $37,427.35 5/18/2011 ProposalJTSQ5707-01JTSCity of Denton, *Water Production*Page 1 Exhibit 3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 February 13, 2012 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, February 13, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, 11 Barbara Russell, John Baines and Leonard Herring 12 13 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 14 OPEN MEETING: 15 16 ITEMS FOR INDIVIDUAL CONSIDERATION: 17 18 19 2)Consider a recommendation of an adoption of an ordinance authorizing the City Manager or 20 his designee to execute Change Order One to the contract between the City of Denton and 21 Johnston Technical Services, Inc. (JTS); providing for the expenditure of funds therefor; and 22 providing an effective date (File 4751-Change Order One to the Design and Installation of 23 Wireless Communication Network for Lake Lewisville Raw Water Pump Station and Lake 24 Lewisville Water Treatment Plant in the amount of $37,427.35 for a total award of 25 $136,179.41). 26 27 Smith pulled this item for brief update. Tim Fisher, Director Water Utilities, stated that some 28 of this started with 9-1-1 and homeland security. Staff started looking at strengthening 29 security at remote facilities. The technical issue was meeting the bandwidth for video. 30 roken up into four phases. Phase 31 I which connected the two treatment plants via Northwest elevated storage tank was 32 completed during October 2003. Phase II has two parts. The first part, which connects to the 33 McKenna Park elevated storage tank and booster station, was completed during August of 34 2004. The second part is the connection to the Lake Lewisville Raw Water Pump Station. 35 Phase III was completed in 2006 and connects the Lake Lewisville Water Treatment Plant to 36 the Southwest Booster Pump Station. Lastly, Phase IV connects the Lake Lewisville Water 37 Treatment Plant to the Riney Road elevated storage tank. Phase IV was completed in 2009. 38 The cost of the second half of Phase II, in the presentation to the PUB and CC in 2005, was 39 originally $69,203.00. This price was for two radio systems that would require the use of a 40 water tower in Highland Village. Over the years part two of Phase II has been altered and 41 revised based on different options on how best to communicate between these two facilities. 42 The plans for the second half of Phase II are recently completed with the 180 foot 43 communication tower at the Lake Lewisville Raw Water Pump Station site. Now that this 44 tower is erected, this licensed radio system is required to complete the reliable 45 communication link between Lake Lewisville and the Lake Lewisville Water Treatment 46 Plant. 47 Draft Minutes of the Public Utilities Board Meeting February 13, 2012 Page 2 of 2 Motion to approve item 2 by Board Member Russell with a second from Board Member 1 Baines. Vote 7-0. 2 3 4 Adjournment at 10:49 am ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE CHANGE ORDER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JOHNSTON TECHNICAL SERVICES, INC., (JTS); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4751-CHANGE ORDER ONE TO THE DESIGN AND INSTALLATION OF WIRELESS COMMUNICATION NETWORK FOR LAKE LEWISVILLE RAW WATER PUMP STATION AND LAKE LEWISVILLE WATER TREATMENT PLANT IN THE AMOUNT OF $37,427.35 FOR A TOTAL AWARD OF $136,179.41). WHEREAS, on September 2, 2011, the City Manager awarded a contract to Johnston Technical Services, Inc., in the amount of $98,752.06 for the construction of a communication tower at the Lake Lewisville Raw Water Pump Station and Lake Lewisville Water Treatment Plant; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount, and said change order fees under the proposed contract 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 Pro provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. One, increasing the amount of the contract between the City and Johnston Technical Services, Inc., which is on file in the office of the Purchasing Agent, in the amount of Thirty Seven Thousand Four Hundred Twenty Seven and 35/100 ($37,427.35) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $136,179.41. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-File 4751 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with PWR Solutions, Inc. for engineering and consulting services relating to a Comprehensive Short and Long Term Distribution System Analysis for Denton Municipal Electric, and providing for an effective date (File 4912 Distribution System Analysis for Denton Municipal Electric awarded to PWR Solutions, Inc. in the amount of $214,660). The Public Utilities Board recommends approval (7-0). FILE INFORMATION () ectric distribution system was stressed this past summer, experiencing numerous capacity and age issues. A thorough analysis of their customers remains adequate. to refer to two the high voltage large power lines, typically on steel poles and towers, which deliver electricity from electric generating stations to local area substations. At the local area substations, the refers to the electric power lines, typically on wood poles, which deliver electricity to the area of used by the customer. and Customer Use are shown in the following table: Transmission Voltages Distribution Voltages Customer Voltages 69,000 volts 13,200 volts 120/240 volts 138,000 volts 120/208 volts 277/480 volts 13,200 volts Agenda Information Sheet February 21, 2012 Page 2 FILE INFORMATION (CONTINUED) The proposal from PWR Solutions, Inc. (Exhibit A to the Ordinance) provides for a two phase The first - system, its capabilities, capacity, and performance characteristics. The intended target is to establish a performance baseline and address the immediate capital improvement needs of the system as Phase I. The second phase will examine future year scenarios based upon DME load projections and existing capital improvement plans. Then Phase II will evaluate where and how to improve the system over the five year future planning horizon. This will ensure both an effective and an efficient distribution system that maximizes reliability and minimizes system electric loss. In addition to the analytical tasks performed by the consultant, the consultant will prepare automation modules and procedures that will assist DME staff with: Updating of the electric distribution system model with forecasted load information Performing all of the desired base analysis Performing the desired contingency analysis Analyzing the impacts and relative merits of proposed system improvement The Comprehensive Short and Long Term Distribution System Analysis requires a highly technical skilled team. The members of the PWR Solutions, Inc. team have performed detailed electric utility system analysis for multiple electric utilities throughout the United States. The PWR Solutions, Inc., team employs highly specialized electric utility industry professionals. They are comprised of professionally licensed engineers that hold both Masters of Science and PhD educational degrees. PWR Solutions, Inc., specializes in providing analysis, system studies, and compliance and regulatory assistance for electric utilities. PWR Solutions, Inc., is located in Dallas. PWR Solutions, Inc., is being recommended for the distribution system analysis for the following reasons: PWR Solutions, Inc., on a previous engagement for a North American Electric Reliability Corporation required Federal Energy Regulatory Corporation 715 Transmission system analysis in 2011. PWR Solutions, Inc., has a acquired a knowledge base of DME that will be helpful in performing theDistribution system analysis. DME is not aware of any other consultant in the Denton area that provides the range of highly technical services that can be provided by PWR Solutions, Inc. PWR Solutions, Inc. being nearby, facilitates communications and minimizes travel costs PWR Solutions, Inc., is highly respected in this kind of electric utility analysis work in the Texas Electric Reliability Council of Texas region. Agenda Information Sheet February 21, 2012 Page 3 FILE INFORMATION (CONTINUED) Using a single quality entity leverages the knowledge and data already assembled by PWR Solutions, Inc., to make the most efficient use of time and resources. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 13, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve a Professional Services Agreement with PWR Solutions, Inc., for engineering and consulting services relating to a Comprehensive Short and Long Term Distribution System Analysis for Denton Municipal Electric in the amount of $214,660. PRINCIPAL PLACE OF BUSINESS PWR Solutions, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT The work will begin immediately upon approval and continue through December 2012. FISCAL INFORMATION The electric distribution system analysis project will be funded with operations account 600500.7854.5880A. EXHIBITS Exhibit 1: Public Utilities Board Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4912 Exhibit 1 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 February 13, 2012 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, February 13, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, 11 Barbara Russell, John Baines and Leonard Herring 12 13 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 14 OPEN MEETING: 15 16 ITEMS FOR INDIVIDUAL CONSIDERATION: 17 18 19 3)Consider the approval of a professional services agreement with PWR Solutions, Inc., a 20 corporation whose offices are located in Dallas, Texas. The agreement is for engineering and 21 consulting services for Denton Municipal Electric (DME) to perform a Comprehensive Short 22 and Long Term Distribution System Analysis. This analysis will provide a comprehensive 23 assessmen 24 handle the increasing electrical load growth in the City of Denton. The contract amount shall 25 not exceed $214,660 (File 4912). 26 27 John Moore, Executive Manager of Energy Delivery, and Brent Heath, Engineering Services 28 Manager, talked about this contract. Heath presented a PowerPoint presentation for 29 clarification. Heath stated that this contract is for a Distribution Study Analysis. Heath 30 stated that the reason staff wants this study performed is because DME has approximately 31 322 linear circuit miles of overhead electric lines and approximately 401 linear circuit miles 32 of underground electric lines. 33 electric distribution system being underground. DME provides Electric Service to 34 approximately 48,000 electric meters. -Time Peak Load of 350MW on August 3, 35 2011. The distribution system has capacity and age issues as well as escalating electrical 36 load growth. Heath then showed a graph of the Megawatts growth over the years from 1960 37 to 2011. It has increased significantly over the years. There was also a graph that showed 38 the transformer capacity and two thirds of them are 50% or above loaded, currently. Robinson asked if there is a number that you look at for that percentage 39 . Heath 40 answered that if you are 55% or above there needs to be a plan in place for what to do in case 41 of outages. Moore stated that you need to be in position to maintain service with a brief 42 outage and have the loss of any transformer. Baines asked during the winter storm last year, he had heard that there was a 43 transformer out and the power had to be moved to another transformer 44 . Williams 45 answered that February 2, 2011 there was a generation shortage in all of Texas. It was not a 46 local problem. Draft Minutes of the Public Utilities Board Meeting February 13, 2012 Page 2 of 3 1 Heath stated that staff not only looks at Megawatts which is the real power they look at 2 MegaVar, it is the power factor, you can have lagging or leading. 3 Heath then talked about minimizing the system watt loss. Staff can optimize capacitor 4 placement to improve VAR flow and help bring lagging power factors closer to unity power 5 factor. You can also rebalance single-phase loads on three-phase distribution circuits which 6 will lower imbalanced neutral currents at the substation transformer, breaker, and relays. 7 Heath added that the key components of the study include: Strategic planning for load 8 growth in various areas of town, Identification of specific projects to improve reliability, 9 Analysis and review of substation and capacity adequacy, Review of potential new substation 10 or substation feeders to improve capacity and reliability, and Analysis and review of 11 capacitor placement to improve power factor and minimize energy watt loss. 12 Heath then went over why staff would like to use PWR Solutions. PWR Solutions 13 14 NERC Compliant. PWR Solutions work on the 2011 FERC 715 Study was outstanding and 15 they were selecte PWR Solutions has acquired 16 17 PWR Solutions is highly respected in the ERCOT region to perform Electric Utility Analysis 18 work (Both TMPA and GP&L utilize PWR Solutions). 19 Transmission, Substation, and Distribution studies makes for efficient use of time and 20 resources. 21 Heath went on to say there are two phases of this project. Phase I-rent year 22 comprehensive analysis which will establish a trend baseline. This is targeted to be 23 The estimated amount is to be 24 $86,740. Phase II: Forward looking five-year Study to include anticipated system load 25 growth and planned infrastructure improvements. This is estimated amount is to be 26 $127,920, with a total combined Professional Services Contract at $214,660. Russell stated that Phase II is a strategic plan 27 . Heath stated that it is really the five year 28 study to not only see how DME is looking currently but will anticipate growth and be able to 29 plan better. Herring asked if DME has staff in house to do this study 30 . Heath answered there are 13 31 people total in the Electric Engineering department. DME does not have staff to do this in 32 depth of an analysis. Williams stated that we do not have the tools. This company brings 33 34 completed every year. 35 Heath added that these are actually mathematical models. Equations are built for each of the 36 feeder circuits that consider all of the key elements; transformers, switches, and size and 37 length of wire. Gallivan asked if these proje 38 . Heath stated that they do not it is 39 professional services for engineering contracts. Russell asked how often do you foresee a similar study 40 . Heath answered that this is the 41 first time this in depth that he knows of it being accomplished. It has been handled in house 42 but not to this capacity. Williams stated that he would like to see what staff gets on this first 43 round. It may be more economical to perform on an annual basis, they will wait to see. Russell then asked if this is in the budget 44 . Williams stated that it is. 45 Draft Minutes of the Public Utilities Board Meeting February 13, 2012 Page 3 of 3 1 Board Member Cheek Motion to approve item #3, seconded by Board Member Robinson. 2 Vote 7-0 3 4 Adjournment at 10:49 am ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH PWR SOLUTIONS, INC. FOR ENGINEERING AND CONSULTING SERVICES RELATING TO A COMPREHENSIVE SHORT AND LONG TERM DISTRIBUTION SYSTEM ANALYSIS FOR DENTON MUNICIPAL ELECTRIC, AND PROVIDING FOR AN EFFECTIVE DATE (FILE 4912– DISTRIBUTION SYSTEM ANALYSIS FOR DENTON MUNICIPAL ELECTRIC AWARDED TO PWR SOLUTIONS, INC. IN THE AMOUNT OF $214,660). WHEREAS, The professional services provider (the “Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract 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 City Manager is hereby authorized to enter into a professional service contract with PWR Solutions, Inc. to provide professional engineering and consulting services , a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4912 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of,2012. ______________________________ MARK A. BURROUGHS, MAYOR PROFESSIONAL SERVICES AGREEMENT FOR: FILE # 4912 – COMPREHENSIVE SHORT & LONG-TERM DISTRIBUTION SYSTEM ANALYSIS STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the ____ day of ________ , 2012, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER” and PWR Solutions Inc., with its corporate office at 2777 N. Stemmons Freeway, STE 1520, Dallas Texas, hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, (herein describe project) Engineering Services per Exhibit A ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A.The CONSULTANT shall perform all those services as necessary and as described in the OWNER’s N/A (describe any request for proposal which the OWNER has utilized to solicit the CONSULTANT’s services), which is attached hereto as Exhibit “N/A” and is incorporated by reference as if set forth fully herein. B.To perform all those services set forth in CONSULTANT’s proposal dated January 8, 2012 (describe any proposal of CONSULTANT which has been provided including the date of said proposal), which proposal is attached hereto as Exhibit “A” and is incorporated by reference as if set forth fully herein. C.CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements. (If CONSULTANT is a professional engineer and you wish to list specific services of the CONSULTANT, please list all specific engineering services to be provided, including the preparation of detailed plans and specifications.) D.If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES (To Be Used if Consultant is an Engineer) Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: A.During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER’s personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER’s personnel on an as- needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER’s compliance efforts. B.Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C.Sampling, testing, or analysis beyond that specifically included in Basic Services. D.Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for the OWNER’s use in a future CAD system. E.Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F.Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. Page 2 G.Providing geotechnical investigations for the site, including soil borings, related analyses, and recommendations. ARTICLE III ADDITIONAL SERVICES (To Be Used For Other Consultants) Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: N/A ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION A.COMPENSATION TERMS: 1.“Subcontract Expense” is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of _______N/A______. 2.“Direct Non-Labor Expense” is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B.BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit “A” which is attached hereto and is incorporated by reference as if set forth fully in this Agreement, a total fee, including reimbursement for direct non-labor expenses not to exceed $214,660. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services Page 3 exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III “Additional Services,” without obtaining prior written authorization from the OWNER. C.ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit “A.” Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D.PAYMENT: If the OWNER fails to make undisputed payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of the Texas Government Code shall be paid on the amounts due the CONSULTANT. In st addition, the CONSULTANT may, if it has not received payment by the thirty-first (31) day after receipt of payment, after giving ten (10) days’ written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay prompt payment act interest if the OWNER has a bona fide dispute with the CONSULTANT concerning the payment or if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, “Compensation.” Page 4 ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. Page 5 ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A-VIII or above: A.Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B.Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C.Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $100,000 for each accident. D.Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E.The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER’s request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days’ prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location for the mediation shall be the City of Denton, Denton County, Texas unless a different location is agreed to by the parties. ARTICLE XII TERMINATION OF AGREEMENT A.Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days’ advance written notice to the other party. Page 6 B.This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C.If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V “Compensation.” Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. CONSULTANT retains design responsibility and liability at all times during this Agreement and after completion of this Agreement. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing: To CONSULTANT: To OWNER: __________________________ City of Denton __________________________ George C. Campbell, City Manager __________________________ 215 East McKinney __________________________ Denton, Texas 76201 Page 7 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of ____19____ pages and ______1___ exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A.The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. Page 8 B.All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. C.In those instances deemed necessary by the OWNER, the CONSULTANT, its employees and/or its Sub-consultants shall be required to submit to background checks. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any of its scope of work under in this Agreement, and shall not transfer any of its scope of work under this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. Should the CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is required to provide written notice of the same to OWNER. Any assignment of monies due under this Agreement shall not change any of the terms or conditions of this Agreement to include but not limited to the terms and conditions for payment under this Agreement. ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXII MISCELLANEOUS A.The following exhibits are attached to and made a part of this Agreement: (list exhibits) B.CONSULTANT agrees that OWNER shall, until the expiration of five (5) years after the final payment or after final completion of all work required under this Agreement, whichever is longer, have access to and the right to examine any directly pertinent books, documents, papers, correspondence, to include e-mails, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT is required to maintain and make available all electronic records associated with this Agreement for purposes of examination. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance Page 9 notice of intended audits. This paragraph shall work in conjunction with the Audit provision set forth in Article XXIII. C.Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D.For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Dr. Mandhir S. Sahni. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. CONSULTANT understands that OWNER is to be informed of the removal or loss of any of the key persons working under this Agreement. CONSULTANT also agrees to provide the OWNER with notice of the name(s) of who it intends to replace the key person. OWNER shall have a right to reject any replacement key person(s) and CONSULTANT agrees to name a replacement key person(s) acceptable to the OWNER. E.CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F.The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G.The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE XXIII RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONSULTANT shall retain such books, records, documents and other evidence pertaining to this Agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will Page 10 be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. Page 11 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONSULTANTS/CONTRACTORS STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Consultant/Contractor, the Consultant/Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of award, Consultant/Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the proposal/bid number and title of the project. Consultant/Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Consultants/Contractors are strongly advised to make such requests prior to proposal/bid opening, since the insurance requirements may not be modified or waived after proposal/bid opening unless a written exception has been submitted with the proposal/bid. Consultant/Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of A- VII or better Texas with an A.M. Best Company rating of at least . Any deductibles or self-insured retentions shall be declared in the proposal or bid. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the Consultant/Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Page 13 Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims-made form, Consultant/Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Consultant/Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. Page 14 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] General Liability Insurance: A. General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined $500,000.00 Single Limits (CSL) of not less than either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. [X] Workers’ Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [__] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [X] Professional Liability Insurance $1,000,000.00 Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [__] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [__] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [__] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Page 16 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A.Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B.The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C.The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D.If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E.The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1)a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Page 17 2)no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F.The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G.The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H.The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I.The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1)provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2)provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3)provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4)obtain from each other person with whom it contracts, and provide to the contractor: a)certificate of coverage, prior to the other person beginning work on the project; and b)a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5)retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6)notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and Page 18 7)contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J.By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K.The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 19 Exhibit A Proposal Denton Municipal Electric Proposal: Prepared by: Ray Harold, P.E Dr. Mandhir S. Sahni Dr. Xiaoying Ding Transmission & Distribution Planning PwrSolutions Inc. PwrSolutions Inc 2777 N Stemmons Fwy Suite 1520 Dallas, TX-75207 www.pwrsol.biz Denton Municipal Electric (DME) is a municipally-owned electric company serving approximately 48,000 customers in Denton, Texas, with an aggregate peak loading of nearly 350 MW. The electrical infrastructure includes 138kV stations, one 138kV transmission line segment and a 69kV transmission loop surrounding the city, and 13 distribution substations feeding approximately 322 linear circuit miles of overhead distribution and 401 linear circuit miles of underground distribution at a nominal 13.2/7.62kV grounded Wye primary voltage. It is PwrSolutions understanding from discussions with DME Engineering that recent load growth has necessitated a thorough review of the capacity, reliability and VAR requirements of the entire distribution system that will interface with a corresponding review by PwrSolutions of the associated DME transmission system. This proposal document describes the scope of work associated with the analysis that DME desires to have performed on their distribution electrical system. This analysis will include a review of the existing electrical infrastructure, and its ability to effectively and efficiently meet current DME customer needs, and a review of the capability of the system to meet DME requirements over a five year planning horizon. Key components to this planning study include, but may not be limited to: Strategic planning for load growth in specific areas; · Identification of specific projects to improve reliability; · Analysis and review of substation / transformer capacity adequacy; · Review of potential locations for new substation / feeders to improve capacity / · reliability. Analysis and review of capacitor placement to improve power factor and · minimize energy loss 2 Page 1. EXECUTIVE SUMMARY...................................................................................................2 2. Team Overview.................................................................................................................4 3. Scope of Work...................................................................................................................9 3.1 Technical Background...............................................................................................9 3.2 Phase I....................................................................................................................10 3.3 Phase II...................................................................................................................13 4. Deliverables.....................................................................................................................15 5. Schedule & Cost Proposal..............................................................................................16 6. Relevant Project Experience...........................................................................................20 3 Page About PwrSolutions a. PwrSolutions, Inc. (PwrSolutions) was established in 2001, with a resolve to provide independent and objective engineering and consulting services to Independent Power Producers (IPPs), power marketers, municipals, cooperatives, and Investor Owned Utilities (IOUs) clients. With the corporate office in Dallas, TX our focus was, and still is, to provide creative, cost effective and practical solutions to stakeholders in the generation, transmission and distribution market. Since its inception, PwrSolutions has evolved into providing expert support to various energy developers/Independent Power Producers (IPP), financial institutions, public utilities, commercial and industrial consumers and public sector investment entities. PwrSolutions currently excels in providing strategic technical and economic consulting services in electric transmission and generation planning to its clients. PwrSolutions boasts of proven state-of-the-art expertise in highly niche fields such as assessment of financial feasibility of planned generation projects, utilizing price signals to strategically site new generation resources, consult clients on acquisition of Transmission Congestion Rights (TCR) and/or Firm Transmission Rights (FTR) based on current/futuristic Locational Marginal Pricing (LMP) based economic studies for the deregulated energy markets in the United States. From a utility standpoint, professionals at PwrSolutions have proven expertise and vast experience in performing generation interconnection, load flow, short circuit, stability and Voltage Ride Through (VRT) studies. Professionals at PwrSolutions have vast knowledge of the ERCOT system in particular being involved in projects such as ERCOT Voltage Ride Through Study. Additionally, PwrSolutions is heavily involved in performing all transmission planning activities for the new CREZ TSPs such as Sharyland Utilities, Wind Energy Transmission Texas (WETT) & Cross Texas Transmission (CTT). More recently, PwrSolutions in its pursuit of excellence, is also the proud recipient of FY 2007 Phase I Small Business Innovative Research (SBIR) Technical Topic 46, sub- topic: Electricity System Reliability Model awarded by United States Department of Energy. The primary objective of the analyses entailed with this technical topic was to quantitatively assess the impacts of new technologies on the economic, reliability, environmental, and security-related performance of the national electricity transmission and generation grid. Members of the PwrSolutions team have performed detailed interconnection studies, market access studies, reliability assessment and site pre-screening studies for multiple sites throughout the United States, including most NERC Reliability councils on behalf of various domestic IPPs. Most of these studies were based primarily on 4 Page identification of steady-state thermal overloads associated with the interconnection of proposed generating facilities. PwrSolutions also performed in-depth analysis of the ability of the existing infrastructure to transfer power to target markets and the assessment associated with the commercial viability of pre-developed sites. The PwrSolutions team of highly specialized industry professionals has traditionally comprised of engineers, Masters of Science and design specialists of varied nationalities and backgrounds. b. Services offered by PwrSolutions Power system studies performed by PwrSolutions range from energy surveys and studies of energy recovery schemes at existing installations to comprehensive feasibility studies for projects at the conceptual stage. We offer clients detailed studies necessary for the specification of power system equipment and operational studies required to identify safe and reliable methods of system operation and switching procedures. PwrSolutions recognizes the importance of well-defined technical analyses as the basis for both technical and investment decisions. The use of Power System Simulation for Engineering (PSS/E), PowerWorld Simulator and Electro-Magnetic Transient Program (EMTP) software provide the basic analytical tools for studying large power system networks. Typical studies performed by PwrSolutions include: System Planning Studies: Generation/Transmission expansion Overall system coordination and stability, reliability and availability studies Economic analysis and cost impact of power wheeling and cogeneration Optimal power flow analysis and area interchange control Generator reactive capability curves and VAR planning Maximum interchange between two systems for single or multiple event contingencies Voltage collapse analysis Fault analysis and relay coordination Substation configurations and equipment sizing, grounding Voltage Ride Through Studies Distribution System Planning & Analysis Transmission Line Studies: Modeling of short & long transmission lines 5 Page Load flow analysis Contingency studies Transmission line optimization Lightning effects and insulation coordination EMF evaluation/effects EMI studies and system grounding Switching studies and equipment sizing Net interchange and system loss studies Line Paralleling/Crossing studies 6 Page The DME electrical distribution system has been modeled in Advanticas SynerGEE Electric software. The model is based on an export from DMEs GIS system and loading information exported from the DME SCADA system. It is believed to be an accurate representation of the system topology and its physical characteristics. Individual customer loading is allocated based on distribution transformer kVA size, and large commercial / industrial loads and primary meter loads have been specifically incorporated as spot loads into the SynerGEE model. The consultant will be expected to utilize this model to perform all technical studies and analysis. SynerGEEs capabilities include but are not limited to: Power flow / voltage drop analysis · N-1 Contingency analysis · Protection modeling · Cable / duct bank analysis · Reliability analysis · Motor Starting analysis · Capacitor Placement & Optimization Analysis · Optimal Switching Analysis · Fault Analysis · Multi-year analysis · Exhibit 1 outlines the some of the key functionalities associated with the SynerGEE software suite in connection with the scope of work described in this document. All analysis will be performed and reported using the SynerGEE software. Additional post processing may be performed using other analysis tools, but all underlying analysis must be done via SynerGEE. To the extent model modifications / improvements / upgrades are performed, the consultant will provide these updates , electronic data files, and system configurations to DME. The technical analysis required for this contract is divided into two (2) phases. The first phase will be an as-is review of the DME system, its capabilities, capacity and performance characteristics. The second phase will examine forward year scenarios predicated on DME load projections and existing capital improvement plans. The intent is to establish a performance baseline, and address the immediate capital improvement needs of the system as phase one, and then phase two will evaluate where and how to improve the system over the five year future planning horizon. The specific requirements of each study phase are described below. 9 Page The Phase I analysis of the DME system shall include the following technical analyses: A power flow / voltage drop analysis of all distribution substations · Identification of any system components that are operating within 95% of their rated · capacity Identification of any customers / components that do not meet DME voltage · performance criteria under normal operating conditions; Identification of substations / feeders whose power factor / VAR flow does not meet · DME performance criteria, and a review of the placement of or need for additional power factor correction capacitors; A short circuit analysis of all distribution substations, and their attendant transformer · and feeder main protection devices; Identification of any over-current protective devices that are at or above 80% of their · nominal interrupting rating; 10 Page Function Description ForecastingLoad forecasting is the basic function to prepare the multiple-year planning cases. Voltage Drop analyses calculate current flows, voltage drops, losses, and loading of lines, equipment, switches, and protective devices. It can be used to assess the Voltage Drop operation condition of the system. Based on the analysis result a plan containing the fixes for upgrading current system can be provided. Fault Analysis determines the balanced or by-phase fault currents flowing to and into a fault. It can also determine the balanced or by-phase fault voltages. It can be Fault Analysis used to determine the setting of relay protection device and protective device selection and location planning. Fault Location helps you find probable fault locations when the magnitude of fault Fault Location current is known for a specific location. Conservation CVR analyzes the effect of reducing voltage settings on main-line regulators and Voltage substation transformers. This analysis can help you determine the minimum safe Reduction source voltage, which may help you conserve energy. Harmonics pose a problem because of the loss to customer and utility systems as Power Quality well as the extra costs that can be incurred because of damaged equipment, (Harmonic replacements, and repairs. Current harmonics can distort the voltage waveform and Analysis) cause voltage harmonics. Voltage distortion affects sensitive electronic loads, motors, and capacitors. Reliability Reliability metrics indicate how well a utility serves its customers. These metrics Analysis often affect financial decisions related to long-range and business planning. N-1 Contingency Contingency analysis simulates the loss or fault of a section(s) or a bus and then Analysis searches for a switching recovery plan. Capacitor Capacitor Placement helps find the most advantageous location for a capacitor, Placement based on user-specified constraints. Optimal Optimal switching analysis helps find the best operating state for feeder switches. Switching The application accounts for exceptions, low voltages, demands, and other Analysis objectives. Auto-transformer The auto-transfer switch analysis estimate the impact that the toggling of auto- Switching transfer switches will have on the system. Essentially, it analyzes a set of feeders tied Analysis to critical loads through auto-transfer switches. Imbalance in loading leads to imbalance in current flow, which results in higher Improving Load losses, overloading, reduced capacity, and voltage problems. Improving Load Balancing and Balancing and Phase Balancing helps identify loads or laterals that can be rephased Phase Balancing to achieve the greatest benefit for a predefined objective. Design Evaluation applications provide specialized optimization functions that focus on a particular type of equipment or device. Some of these applications include Design Evaluation financial considerations during the optimization process, as well as system performance parameters. Arc flashover calculations form the basis to develop strategies to minimize burn Arc Flashover injuries. These strategies can include specifying the rating of personal protective Analysis equipment (PPE), working de-energized, using arc resistant switchgear, or applying other engineering techniques and work practices. The results contain monthly determinations of peak demand, utilization, energy Economic loss, load factor, and efficiency. It also contains hourly determinations for losses, Analysis utilization, and load factors. These results can be interpreted and studied to guide the decision-making process for equipment replacement or maintenance. Distributed According to the weather information to model the distributed generator, such as Generator Wind generator, solar generator. Modeling 11 Page A topological reliability analysis that identifies those substations and feeders · that are least capable of being alternatively sourced; A feeder by feeder contingency analysis that determines the extent to which · each individual distribution feeder can be picked up via switching or minor system modification in the event of the failure of the main feeder over-current protection device.; A substation by substation contingency analysis that identifies the extent to · which all substation feeders can be alternatively sourced in the event of the loss of a main substation transformer Final report and system improvement plan for Phase I · The results of these analyses shall be presented in a manner that identifies / highlights both the nature of the system deficiency, and its relative location within the overall system. The consultant shall provide DME examples of their proposed reporting methodology prior to proceeding with the development of the final Phase I results. Subsequent to the Phase I analysis, the consultant shall provide recommendations for system improvements to mitigate any identified deficiencies. These recommendations shall include: A detail summary of the system performance · a. A summary sheet to list the metrics utilized to quantify the system performance i. Normal operation performance: voltage, current, power factor, kW/kvar/kva flow, loss, capacity percentage ii. Contingency performance: total customer/load, dropped customer/load quality and percentage, lowest voltage, power factor, maximum capacity percentage iii. Reliability Performance Indices: SAIFI, SAIDI,CAIDI,CIII b. A topology map to illustrate the system deficiency and its relative location A detailed system improvement plan. The characteristics of this plan are · expected to be as follows: a. The plan shall include an overall project portfolio, describing the technical rationale for each project, the required construction activities, a budgetary cost estimate of the project, and its criticality based on the ranking system described below b. A construction schedule recognizing seasonal limitations for various construction activities and line or substation outages. c. Each project shall be ranked predicated on: i. The severity of the performance, contingency or reliability problem that it is intended to solve; 12 Page ii. The anticipated cost of the project; iii. The degree to which operating performance is improved by the implementation of the project, including applicable technical analysis to substantiate this assessment; and iv. The degree to which system reliability is improved by the implementation of the project, including applicable technical analysis to substantiate this assessment. The consultant will work with DME engineering and operations personnel to ensure that the system improvement plan is within the functional and financial capabilities of the organization, and that the plan is achievable within the seasonal construction limitations. As and when disconnects are identified, the consultant shall recommend the appropriate project prioritization. The Phase II analysis will include all of the components of the Phase I analysis over a five year planning horizon. The consultant, in cooperation with DME, will prepare a substation by substation load projection for a three year horizon and a five year horizon and perform the analyses identified in Phase I. In addition to these analyses, the consultant will: Examine the impacts of the forward year projections on the existing DME · transmission infrastructure; Compare the findings of the distribution system analysis with the long-term · transmission system assessment being performed by DME. The long term transmission assessment is expected to include the following assessments: Annual steady state assessments from a thermal and voltage limit o adequacy standpoint AC power flow analysis under normal operating and applicable NERC o Category A/B/C/D contingency conditions Steady state and transient voltage stability analysis, if the need for the o same is identified via the results of the steady state assessment and discussions with the DME planning personnel In addition to the analytical tasks performed by the consultant, they will prepare automation modules and / or procedures to guide DME personnel in the techniques employed to: Update the model with forecasted load information; · Perform all of the desired steady state analysis; · 13 Page Performed the desired contingency analysis; and · Analyze the impacts and relative merits of proposed system improvement. · Subsequent to the Phase II analysis, the consultant will provide recommendations to DME for system improvement necessary to mitigate forward year performance deficiencies. As a minimum these recommendations will include: An overall 5 year prioritized portfolio of projects. This portfolio of projects is intended · to identify specific worthwhile projects that should be implemented over the study horizon, without the project planning rigor associated with the Phase I. The characteristics of this plan are as follows: The plan shall include an overall project portfolio, describing the technical · rationale for each project, the required construction activities, a budgetary cost estimate of the project, and its criticality based on the ranking system described below. Each project shall be ranked predicated on: · The severity of the performance, contingency or reliability problem that it o is intended to solve; The anticipated cost of the project; o The degree to which operating performance is improved by the o implementation of the project, including applicable technical analysis to substantiate this assessment; and The degree to which system reliability performance is improved by the o implementation of the project, including applicable technical analysis to substantiate this assessment. Each project shall include a general timeframe at which the project becomes · necessary, based on performance and reliability metrics. It is the Consultants understanding that DME desires to proceed with gaining approvals to begin the Phase I tasks during Winter/Spring 2012 in order to fully define where existing distribution system deficiencies exist and develop a systemic approach that will fully addressed these prioritized areas in a timely manner. It is possible that some of the discovered deficiencies will need to be immediately addressed prior to the summer 2012 system peak. Phase II analysis will not begin until DME has a clear understanding and a formalized plan of attack for items discovered during the Phase I analysis. 14 Page The final deliverables for each phase of the analysis are summarized below. A preliminary schedule for the analysis and the attendant deliverables and costs are detailed in Section 5 of this proposal. Phase I Deliverables: All SynerGEE models & load distributions used in the analyses; · A report summarizing: · Analysis methodology; o DME performance criteria various analysis parameters; o System performance deficiencies & their locations; o Recommended improvements & their relative impact on system o performance parameters; Estimated costs & relative priority of the proposed improvements. o A spreadsheet and project schedule detailing the recommended projects; · Phase II Deliverables: All Synergee models, load distributions and forecasts used in the 3 and 5 · year forward analyses; A report summarizing: · Analysis methodology; o Documentation and training materials for all scripts, procedures and o techniques used for the three and five year analyses; DME performance criteria various analysis parameters; o System performance deficiencies & their locations; o Recommended improvements & their relative impact on system o performance parameters for three and five year horizons; Estimated costs, relative priority and load level triggers for each of the o proposed improvements. A spreadsheet and project schedule detailing the recommended projects; · Final format of the deliverables will be agreed upon early in the analysis process and draft copies of all results & reports will be available for review at least two weeks before final submittal. 15 Page The Phase I assessment, as proposed in the Scope of Work outlined in this document, shall follow the schedule depicted in Exhibit 2. The schedule associated with the Phase II assessment is assumed to be dependent on the updated/specific scope of work based on the findings of the Phase I assessment. Cost Proposal PwrSolutions, based on its prior experience of executing such studies and modeling activities covenants the Phase I and II engagements, strictly as described in the previous section, not to exceed the budgets indicated in Exhibits 3 and 4 respectively. Any additional services rendered to DME would be billed on a time and material basis at the following hourly rates: Project Manager.................................................... $195.00 Lead Engineer....................................................... $150.00 Senior Engineer.................................................... $130.00 Engineer............................................................... $115.00 Project Administrator.............................................. $ 75.00 Shipping, Outside Blueprints, Reproduction (Large Runs), Computer Related Expenses Travel Expenses (non-local) Cost plus 5% PwrSolutions shall first obtain prior written approval from client before incurring expenses in excess of $100 individually or $500 in the aggregate. AUTHORIZED BY DME ACCEPTED BY PWRSOLUTIONS By: __________________________ By: ________________________ Title: _________________________ Title: _______________________ Date: _________________________ Date: ______________________ 16 Page Xiao D. Ray H. Mandhir S. Sunil T. DME 30-Apr-12 23-Apr-12 16-Apr-12 9-Apr-12 2-Apr-12 26-Mar-12 19-Mar-12 12-Mar-12 5-Mar-12 27-Feb-12 20-Feb-12 13-Feb-12 6-Feb-12 30-Jan-12 23-Jan-12 16-Jan-12 Document results & recommendations Contingency / Reliability Analysis Baseline performance analysis Contract, meetings & review 1. Project: ERCOT Voltage Ride Through Study : Electric Reliability Council of Texas (ERCOT) Customer : June 09 July 10 Duration Objective Assess impact of lack of WGR VRT capability on reliability of ERCOT system as whole Team Contribution Novel voltage-profile based approach for WGR collection system aggregation White Paper adopted by ERCOT Novel automation techniques to develop detailed WGR collection system models 80 WGR models in 2 months First study of its kind in U.S Successfully completed in time and within budget Presented new findings at ERCOT DWG, RPG & ROS forums Team received standing ovation at ROS 2. Project: Midwest Energy Long Range Planning Study : Midwest Energy, Inc. Customer : Sep 10 Jan 12 Duration Objective Perform 20 year long range distribution planning study for rural electric cooperative construction planning Team Contribution Model preparation and correction in Milsofts Windmil distribution analysis tool and integration with SPP transmission models; Power flow, contingency and short circuit analysis of 168 substations and 260 distribution feeders; Base case analysis to identify immediate problems / issues Near term analysis to identify construction projects over the next 3 years Forward year analyses over 5, 10 and 20 year horizons to identify long term construction projects based on potential load growth; Development of construction project portfolio for Base Case, Near Term and Forward Year analyses. 20 Page 3. Project: Denton Municipal Electric, FERC 715 Study : Denton Municipal Electric (DME) Customer : Aug 10 July 11 Duration Objective Perform mid and long term transmission assessment of DME transmission system Assess transmission system enhancements/improvements required to observe compliance with NERC TPL-001 through TPL-004 Team Contribution Comprehensive annual transmission system over five year planning horizon for DME NERC Category A/B/C/D event definitions Development of near and long-term mitigation plans for identified violations Updated data submission to ERCOT SSWG & SPWG Coordination with neighboring utilities 4. Project: Multi-Campus Distribution Analysis Tarrant County Colleges : Tarrant County College District. Customer : On going awarded December 2011 Duration Objective Evaluate distribution system capability, arc flash hazards and potential for distribution system voltage upgrade Team Contribution Preparation of distribution system models; Preparation / Update of all campus / building single line diagrams; Power flow analysis of all facilities; Power factor assessment of all facilities; Reliability analysis of all campus facilities; Arc flash analysis of building facilities and substation facilities; and LCC analysis of distribution voltage upgrade. 21 Page Agenda Information Sheet AGENDA DATE: February 21, 2012 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for a five year contract for software maintenance for the Software, L.L.C., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 3808-Five Year Contract for Maintenance of WeighStation and CompuRoute Software awarded to Paradigm Software, L.L.C. in a five year amount not to exceed $110,000. ). The Public Utilities Board recommends approval (5-0). FILE INFORMATION In fiscal year 2000, the Solid Waste Department was utilizing an in-house designed software program to record and process work orders. Work orders consist of any field activity done by departmental staff including emptying containers, adding additional containers, removing containers, special service collections, etc. The Department then began looking at landfill software companies in order to evaluate and select software that could be used for landfill scale house transactions as well as collection and field service work orders. At that time, staff could not locate a software company that provided both of these services. In 2002, the Solid Waste Department signed an agreement with Paradigm Software, L.L.C., to install their WeighStation software, CompuWeigh, for scale house transactions and also custom . This allowed Paradigm to expand its field service activities by providing integrated scale house and waste collections work order software. Paradigm Software, L.L.C., completed the scope of work specified in the agreement at minimal charge, met the L operational needs, and also allowed for future growth needs. CompuRoute interacts very efficiently with CompuWeigh and also provides an inventory function used to manage the departments various sizes of collection containers. Paradigm has provided annual software maintenance since 2002. The CompuRoute software is proprietary and available from one source only. The attached Exhibit 1 extends the Grant of License for this software through December 31, 2016. Section 252.022 of the Texas Local Government Code provides that procurement of commodities and services that are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. Agenda Information Sheet February 21, 2012 Page 2 PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) On January 23, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Staff recommends approving Amendment 10 to the System Implementation and Support Services Agreements between the City of Denton and Paradigm Software, L.L.C., in the five year amount of $110,000 for the continuation of annual software maintenance services at the City of Denton Landfill. PRINCIPAL PLACE OF BUSINESS Paradigm Software, L.L.C. Hunt Valley, Maryland ESTIMATED SCHEDULE OF PROJECT Annual software maintenance will continue to be provided through December 31, 2016. FISCAL INFORMATION Payment of the annual maintenance services will be funded from the Landfill operating budget, account number 660001.6508. Requisition #106260 has been entered in the Purchasing software system for the current fiscal year. Hourly rates proposed for this five year period may slightly escalate each year based upon national index data increases. EXHIBITS Exhibit 1: Amendment #10 to the System Implementation and Standard Support Services Agreements Exhibit 2: Sole Source Letter Exhibit 3: Public Utilities Board Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 3808 Exhibit 1 Exhibit 2 10944 Beaver Dam Road, Suite C Hunt Valley, Maryland 21030-2255 Phone 410-329-1300 Fax 410-329-1885 Software for the Weighing and Routing Industries February 9, 2012 City of Denton, TX 1527 S. Mayhill Road Denton, TX 76208 USA Re: Annual Standard Support Services Agreement Sole Source To Whom It May Concern: The CompuWeigh™ System and all licenses/modules/hardware/etc. associated with this application are sold and supported exclusively by Paradigm Software, L.L.C. This letter is to certify that Paradigm Software, L.L.C. is the only company that can provide this software and support and that all work will be performed by our company. If you have any questions, please feel free to contact me at (410) 329-1300. Regards, Jackie W. Barlow, II Vice President Exhibit 3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 January 23, 2012 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, January 23, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, Barbara Russell, 11 and Leonard Herring 12 13 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 14 15 Absent excused: Chair Dick Smith and John Baines 16 OPEN MEETING: 17 18 CONSENT AGENDA: 19 20 21 3)Consider a recommendation of approval of a Professional Services Agreement for Software 22 Maintenance Services by and between the City of Denton, Texas and Paradigm Software, 23 L.L.C., Hunt Valley, Maryland for software maintenance, support, and design services for 24 the City of Denton Solid Waste Department for a period of five years in an amount not-to- 25 exceed $110,000. 26 Board Member Gallivan moved to approve item 3 with a second from Board Member 27 Russell. The motion was approved by a 5-0 vote. 28 29 30 31 Adjournment at 11:47 am ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR A FIVE YEAR CONTRACT FOR SOFTWARE MAINTENANCE FOR THE SOLID WASTE PROGRAM FROM PARADIGM SOFTWARE, L.L.C., WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 3808-FIVE YEAR CONTRACT FOR MAINTENANCE OF WEIGHSTATION AND COMPUROUTE SOFTWARE AWARDED TO PARADIGM SOFTWARE, L.L.C., IN A FIVE YEAR AMOUNT NOT TO EXCEED $110,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3808 Paradigm Software, L.L.C. $110,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 3808 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-File 3808 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Curt Arndt at 349-7342 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a four year contract for Pavement Marking Installation for the City of Denton Traffic Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4788-Four Year Contract for Pavement Marking Installation awarded to BTA Services in the annual estimated amount of $200,000 for a four year estimated expenditure of $800,000). RFP INFORMATION This service is used to provide pavement markings for the motoring public and increase public safety on our streets and school zones. RFP #4788 consists of the labor, material, and supervision necessary to complete installations of pavement markings under the direction of the City of Denton Traffic Operations Department. The RFP also covers all administrative and insurance costs incurred by the contractor. This agreement will not guarantee any minimum amounts of pavement markings and will be used on an as needed basis. Proposals were received from five respondents on November 17, 2011. The criteria listed below were used to evaluate and rank the proposals: 1.Indicators of Probable Performance under contract 15% 2.Delivery Timeframe 20% 3.Compliance with Specifications, Quality, Reliability, Characteristics to meet stated or implied needs 25% 4.Price, Total Cost of Ownership 40% A committee consisting of representatives from the Traffic and Engineering Departments evaluated the proposals. The committee ranked each firm as shown in Exhibit 1. After the initial evaluation, the committee met individually with the top two evaluated contractors to allow discussions about the criteria and to make sure that each contractor understood what was required in each line item. Subsequently, staff asked the contractors to re- evaluate their proposals and give their Best and Final Offer (B.A.F.O.). The original pricing is attached as Exhibit 2. The new pricing and delivery evaluation criteria were revised based upon the interviews and B.A.F.O process. BTA Service did increase their pricing by $33,993.81 from $280,539.19 to $314,533.00 based upon clarification of the specifications provided in the interview process but was still lower than the second ranked finalist (Exhibit A of attached ordinance). Agenda Information Sheet February 21, 2012 Page 2 RECOMMENDATION Award to BTA Services in the estimated four year amount of $800,000. PRINCIPAL PLACE OF BUSINESS BTA Services Rockwall, TX ESTIMATED SCHEDULE OF PROJECT This is a four year contract with the option to renew for one additional year if agreed upon in writing by both parties. Prices may be adjusted annually based upon a federal index as specified. FISCAL INFORMATION Individual projects will be funded from the General Fund account designated for pavement marking projects. EXHIBITS Exhibit 1: Evaluation Ranking Sheet Exhibit 2: Best and Final Offer Pricing (B.A.F.O.) sheet Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-RFP 4788 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A FOUR YEAR CONTRACT FOR PAVEMENT MARKING INSTALLATION FOR THE CITY OF DENTON TRAFFIC DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4788-FOUR YEAR CONTRACT FOR PAVEMENT MARKING INSTALLATION AWARDED TO BTA SERVICES IN THE ANNUAL ESTIMATED AMOUNT OF $200,000 FOR A FOUR YEAR ESTIMATED EXPENDITURE OF $800,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Pavement Marking Installation services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 items in the following numbered request for proposal for materials, Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4788 BTA Services Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 4788 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ____________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-RFP 4788 Exhibit A RFP 4788 Pricing Sheet for Pavement Marking Installation The respondent shall complete the following section, which directly corresponds to Section II - Scope of Services, & Sec V, Payment and Performance Requirements. The Contractor shall not make changes to this format. BAFO BTA Services VENDORS Rockwall, TX PRINCIPAL PLACE OF BUSINESS: EST. Type of Service RequestedUnit PriceTotal Price ITEM ANNUNAL UOM QTY. 4" White Thermoplastic Install$ 0.70$ 14,000.00 120,000LF 4" White Paint Install$ 0.15$ 3,900.00 226,000LF 4" Yellow Thermoplastic Install$ 0.70$ 66,500.00 395,000LF 4" Yellow Paint Install$ 0.15$ 12,000.00 480,000LF $ 0.50$ 17,500.00 535,000LF4" Removal 4" Prep$ 0.10$ 11,500.00 6115,000LF 4" Sealer$ 0.10$ 4,000.00 740,000LF $ 0.98$ 29,400.00 830,000LF6" White Thermoplastic Install $ 0.60$ 3,000.00 95,000LF6" Removal 6" Prep$ 0.12$ 1,200.00 1010,000LF 6" Sealer$ 0.13$ 325.00 112,500LF $ 1.22$ 18,300.00 1215,000LF8" White Thermoplastic Install $ 0.30$ 1,050.00 133,500LF8" White Paint Install $ 1.00$ 7,500.00 147,500LF8" Removal 8" Prep$ 0.15$ 2,250.00 1515,000LF 8" Sealer$ 0.20$ 1,300.00 166,500LF $ 4.50$ 18,000.00 174,000LF24" White Thermoplastic Install $ 4.60$ 2,300.00 18500LF24" Yellow Thermoplastic Install $ 2.00$ 6,000.00 193,000LF24" Remove $ 1.00$ 4,000.00 204,000LF24" Prep $ 0.60$ 1,200.00 212,000LF24" Sealer $ 25.00$ 2,500.00 22100EAYield Line 16"x24" Triangle WhiteThermo Install $ 4.00$ 80.00 2320EAYield Line 16"x24" Triangle Remove $ 6.00$ 600.00 24100EAYield Line 16"x24" Triangle Prep $ 3.00$ 300.00 25100EAYield Line 16"x24" Triangle Sealer $ 110.00$ 550.00 265EASymbol, 6' Preform Straight Arrow White Large Install $ 20.00$ 40.00 272EASymbol, 6 'Preform Straight Arrow Remove $ 5.00$ 25.00 285EASymbol, 6' Preform Straight Arrow Prep $ 15.00$ 75.00 295EASymbol, 6' Preform Straight Arrow Sealer $ 125.00$ 625.00 305EASymbol, 5'6" Preform Turn Arrow White Large Install $ 20.00$ 40.00 312EASymbol, 5'6" Preform Turn Arrow Remove $ 5.00$ 25.00 325EASymbol, 5'6" Preform Turn Arrow Prep $ 15.00$ 75.00 335EASymbol, 5'6" Preform Turn Arrow Sealer Exhibit A RFP 4788 Pricing Sheet for Pavement Marking Installation The respondent shall complete the following section, which directly corresponds to Section II - Scope of Services, & Sec V, Payment and Performance Requirements. The Contractor shall not make changes to this format. BAFO BTA Services VENDORS Rockwall, TX PRINCIPAL PLACE OF BUSINESS: EST. Type of Service RequestedUnit PriceTotal Price ITEM ANNUNAL UOM QTY. $ 175.00$ 875.00 345EASymbol, 8 'Preform Straight Arrow White Large Install $ 20.00$ 100.00 355EASymbol, 8 'Preform Straight Arrow Remove $ 5.00$ 25.00 365EASymbol, 8' Preform Straight Arrow Prep $ 15.00$ 75.00 375EASymbol, 8' Preform Straight Arrow Sealer $ 175.00$ 1,750.00 3810EASymbol, 8' Preform Turn Arrow White Large Install $ 20.00$ 200.00 3910EASymbol, 8' Preform Turn Arrow Remove $ 5.00$ 50.00 4010EASymbol, 8' Preform Turn Arrow Prep $ 15.00$ 150.00 4110EASymbol, 8' Preform Turn Arrow Sealer $ 175.00$ 875.00 425EASymbol, 9'6" Preform Straight Arrow Install $ 20.00$ 100.00 435EASymbol, 9'6" Preform Straight Arrow Remove $ 5.00$ 25.00 445EASymbol, 9'6" Preform Straight Arrow Prep $ 15.00$ 75.00 455EASymbol, 9'6" Preform Straight Arrow Sealer $ 175.00$ 875.00 465EASymbol, 12' Preform Straight Arrow Install $ 20.00$ 40.00 472EASymbol, 12' Preform Straight Arrow Remove $ 5.00$ 25.00 485EASymbol, 12' Preform Straight Arrow Prep $ 15.00$ 75.00 495EASymbol, 12' Preform Straight Arrow Sealer $ 310.00$ 3,100.00 5010EASymbol, 13' Preform Combo Arrow Install $ 35.00$ 175.00 515EASymbol, 13' Preform Combo Arrow Remove 10 $ 10.00$ 100.00 52EASymbol, 13' Preform Combo Arrow Prep 10 $ 15.00$ 150.00 53EASymbol, 13' Preform Combo Arrow Sealer 5 $ 225.00$ 1,125.00 54EA"Only" Word 8' Preform Install $ 35.00$ 175.00 555EA"Only" Word 8' Remove 5 $ 10.00$ 50.00 56EA"Only" Word 8' Prep 5 $ 15.00$ 75.00 57EA"Only" Word 8' Sealer 5 $ 245.00$ 1,225.00 58EA"Stop" Word 8' Preform Install $ 35.00$ 70.00 592EA"Stop" Word 8' Remove $ 10.00$ 50.00 605EA"Stop" Word 8' Prep $ 15.00$ 75.00 615EA"Stop" Word 8' Sealer 5 $ 320.00$ 1,600.00 62EA"Ahead" Word 8' Preform Install 2 $ 35.00$ 70.00 63EA"Ahead" Word 8' Remove 5 $ 10.00$ 50.00 64EA"Ahead" Word 8' Prep $ 15.00$ 75.00 655EA"Ahead" Word 8' Sealer $ 260.00$ 1,300.00 665EA"Yield" Word 8' Preform Install 2 $ 35.00$ 70.00 67EA"Yield" Word 8' Remove 5 $ 10.00$ 50.00 68EA"Yield" Word 8' Prep 5 $ 15.00$ 75.00 69EA"Yield" Word 8' Sealer Exhibit A RFP 4788 Pricing Sheet for Pavement Marking Installation The respondent shall complete the following section, which directly corresponds to Section II - Scope of Services, & Sec V, Payment and Performance Requirements. The Contractor shall not make changes to this format. BAFO BTA Services VENDORS Rockwall, TX PRINCIPAL PLACE OF BUSINESS: EST. Type of Service RequestedUnit PriceTotal Price ITEM ANNUNAL UOM QTY. $ 325.00$ 3,250.00 7010EASymbol, 4' Preform Bike Lane Install 5 $ 45.00$ 225.00 71EASymbol, 4' Preform Bike Lane Remove 10 $ 20.00$ 200.00 72EASymbol, 4' Preform Bike Lane Prep 10 EA $ 20.00$ 200.00 73Symbol, 4' Preform Bike Lane Sealer EA $ 325.00$ 6,500.00 7420Symbol, 6' Preform Bike Lane Install EA $ 45.00$ 900.00 7520Symbol, 6' Preform Bike Lane Remove EA $ 20.00$ 400.00 7620Symbol, 6' Preform Bike Lane Prep EA $ 30.00$ 600.00 7720Symbol, 6' Preform Bike Lane Sealer EA $ 500.00$ 15,000.00 7830Symbol "RXR Kit 6'-16"x20' Preform Install EA $ 85.00$ 2,550.00 7930Symbol "RXR Kit 6'-16"x20' Remove EA $ 50.00$ 1,500.00 8030Symbol "RXR Kit 6'-16"x20' Prep EA $ 25.00$ 750.00 8130Symbol "RXR Kit 6'-16"x20' Sealer EA $ 3.00$ 7,200.00 822,400RPM - A/A Type II Install Concrete EA $ 3.00$ 6,900.00 832,300RPM - A/A Type II Install Asphalt EA $ 3.00$ 6,300.00 842,100RPM - C/R Type II Install Concrete EA $ 3.00$ 6,000.00 852,000RPM - C/R Type II Install Asphalt EA $ 3.00$ 60.00 8620RPM - B/B Type II Install Concrete 21 EA $ 3.00$ 63.00 87RPM - B/B Type II Install Asphalt 25,000 EA $ 0.30$ 7,500.00 88RPM Removal 6 EA $ 180.00$ 1,080.00 89Word-3 number/letters 8" Thermplastic Install 6 EA $ 35.00$ 210.00 90Word-3 number/letters 8' Thermoplastic Remove EA $ 15.00$ 90.00 916Word-3 number/letters 8' Thermoplastic Sealer $ 15.00$ 90.00 926EAWord-3 number/letters 8' Thermoplastic Prep $ 225.00$ 1,350.00 936EAWord-4 number/letters 8' Thermoplastic Install $ 40.00$ 240.00 946EAWord-4 number/letters 8' Thermoplastic Remove $ 20.00$ 120.00 956EAWord-4 number/letters 8' Thermoplastic Sealer $ 20.00$ 120.00 966EAWord-4 number/letters 8' Thermoplastic Prep $ 314,533.00 Total as Reported on Proposal ESTIMATED TOTAL CONTRACT VALUE PER YEAR (calculated) $314,533.00 12% price increase after BAFO 100.00 EVALUATED SCORE DELIVERY1.5 to 2 weeks 90.00 DELIVERY EVALUATED SCORE AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Keith Gabbard at 349-7144 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for the purchase of RCP Pipe and Concrete Box Culverts for various City departments to Hanson Pipe and Precast; providing for the expenditure of funds therefor; and providing an effective date (Bid 4790-Three Year Contract for RCP Pipe and Concrete Box Culverts awarded to the lowest responsible bidder meeting specification in the unit price amounts shown on Exhibit A for an annual estimated expenditure of $125,000 and a three year estimated total of $375,000). The Public Utilities Board recommends approval (7-0). BID INFORMATION This bid is for a three year contract to supply the City of Denton with Reinforced Concrete Pipe (RCP) and Precast Reinforced Concrete Box Culverts. These items are used in the construction and maintenance of street and drainage areas. A wide range of pipe and box culverts have been bid in order for the City of Denton workforce to quickly accommodate the engineered runoff water projections. Minimal stock is maintained and material is ordered on an as needed basis. Invitation for Bids were sent to twenty-nine vendors. Only one bid meeting specification was received (Exhibit 1). . PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 13, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award Items 1-209 to Hanson Pipe and Precast in the unit price amount as listed on Exhibit A of the Ordinance. Items 210-281 were bid but not awarded. Items 210-281 shall be bid individually for spot purchases in the future, as needed. The estimated annual expenditure is $125,000. PRINCIPAL PLACE OF BUSINESS Hanson Pipe and Precast Grand Prairie, TX Agenda Information Sheet February 21, 2012 Page 2 ESTIMATED SCHEDULE OF PROJECT This is a three year contract that can be renewed for two additional one-year periods with all conditions and pricing remaining the same. FISCAL INFORMATION Each acquisition will be charged to the appropriate budget line and/or Capital Improvement Plan project as the need arises. EXHIBITS Exhibit 1: Bid Tabulation Exhibit 2: Public Utilities Board Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 4790 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX CLASS III RCP LF$14.36 1 LF $16.04 2 LF$19.92 3 LF$23.90 4 LF$28.57 5 LF$33.72 6 LF$41.29 7 LF$48.21 8 LF$63.68 9 LF$68.59 10 LF$78.13 11 LF$83.55 12 LFN/A 13 LF$111.79 14 LF$132.57 15 LF$163.12 16 LF$190.89 17 CLASS IV RCP LF$15.02 18 LF$17.73 19 LF $23.19 20 LF$29.79 21 LF$36.89 22 LF$40.58 23 LF$50.17 24 LF$56.76 25 LF$78.13 26 LF$82.05 27 LF$103.88 28 LF$121.09 29 LFN/A 30 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX LF$167.05 31 LF$190.89 32 LF$207.34 33 LF$239.64 34 DIRECT DRIVE BOX CULVERTS LF$72.42 35 LF$75.70 36 LF$85.51 37 LF$98.60 38 LF$110.76 39 LF$117.35 40 LF$122.68 41 LF$135.54 42 LF$148.16 43 LF$136.75 44 LF$160.64 45 LF$176.12 46 LF$190.65 47 LF$205.98 48 LF$167.98 49 LF$198.37 50 LF$215.29 51 LF$231.88 52 LF$248.90 53 LF$264.70 54 LF$215.62 55 LF$236.70 56 LF$250.17 57 LF$273.87 58 LF$281.72 59 LF$298.04 60 LF$263.54 61 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX LF$303.09 62 LF$320.90 63 LF$340.25 64 LF$358.11 65 LF$377.42 66 LF$317.44 67 LF$362.65 68 LF$382.98 69 LF$403.83 70 LF$424.73 71 LF$444.83 72 LF$465.73 73 LF$376.15 74 LF$392.70 75 LF$418.79 76 LF$440.11 77 LF$461.43 78 LF$482.74 79 LF$504.21 80 LF$525.38 81 LF$439.64 82 LF$462.92 83 LF$486.16 84 LF$509.49 85 LF$532.72 86 LF$556.01 87 LF$579.24 88 LF$602.52 89 LF$625.80 90 BOXES GREATER THAN 2 FEET OF COVER LF$72.42 91 LF$75.70 92 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX LF$85.51 93 LF$98.60 94 LF$110.76 95 LF$117.35 96 LF$122.68 97 LF$135.54 98 LF$148.16 99 LF$136.75 100 LF$160.64 101 LF$176.12 102 LF$190.65 103 LF$205.98 104 LF$167.98 105 LF$198.37 106 LF$215.29 107 LF$231.88 108 LF$248.90 109 LF$264.70 110 LF$215.62 111 LF$236.70 112 LF$250.17 113 LF$273.87 114 LF$281.72 115 LF$298.04 116 LF$263.54 117 LF$303.09 118 LF$320.90 119 LF$340.25 120 LF$358.11 121 LF$377.42 122 LF$317.44 123 LF$362.65 124 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX LF$382.98 125 LF$403.83 126 LF$424.73 127 LF$444.83 128 LF$465.73 129 LF$376.15 130 LF$392.70 131 LF$418.79 132 LF$440.11 133 LF$461.43 134 LF$482.74 135 LF$504.21 136 LF$525.38 137 LF$439.64 138 LF$462.92 139 LF$486.16 140 LF$509.49 141 LF$532.72 142 LF$556.01 143 LF$579.24 144 LF$602.52 145 LF$625.80 146 Precast Safety End Treatments EA$404.28 147 EA$729.28 148 EA$729.28 149 EA$472.82 150 EA$797.82 151 EA$797.82 152 EA$571.64 153 EA$896.64 154 EA$896.64 155 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX EA$527.72 156 EA$852.72 157 EA$852.72 158 EA$637.74 159 EA$962.74 160 EA$962.74 161 EA$800.69 162 EA$1,150.69 163 EA$1,150.69 164 EA$527.72 165 EA$852.72 166 EA$852.72 167 EA$637.74 168 EA$1,012.74 169 EA$1,012.74 170 EA$800.69 171 EA$1,150.69 172 EA$1,150.69 173 EA$844.34 174 EA$1,150.97 175 EA$1,224.81 176 EA$977.54 177 EA$1,370.75 178 EA$1,384.92 179 EA$1,250.01 180 EA$1,875.51 181 EA$2,077.61 182 EA$844.34 183 EA$1,150.97 184 EA$1,224.81 185 EA$977.54 186 EA$1,370.75 187 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX EA$1,384.92 188 EA$1,250.01 189 EA$1,875.51 190 EA$2,077.61 191 EA$1,383.71 192 EA$1,502.28 193 EA$1,733.67 194 EA$1,710.09 195 EA$1,908.09 196 EA$1,962.75 197 EA$2,301.01 198 EA$2,885.54 199 EA$3,114.45 200 EA$1,383.71 201 EA$1,502.28 202 EA$1,733.67 203 EA$1,710.09 204 EA$1,908.09 205 EA$1,962.75 206 EA$2,301.01 207 EA$2,885.54 208 EA$3,114.45 209 Class III RCP Sloped End Sections $210.59 210EA EA$281.48 211 EA$422.28 212 EA$306.43 213 EA$306.43 214 EA$460.70 215 EA$349.95 216 EA$526.54 217 EA$699.30 218 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX EA$402.22 219 EA$603.93 220 EA$803.59 221 EA$691.10 222 EA$914.94 223 EA$1,037.51 224 EA$792.08 225 EA$1,054.56 226 EA$1,186.73 227 EA$943.29 228 EA$1,259.15 229 EA$1,885.94 230 EA$1,072.87 231 EA$1,429.28 232 EA$2,143.36 233 EA$1,929.80 234 EA$1,929.80 235 EA$2,896.08 236 EA$2,301.12 237 EA$3,452.11 238 EA$4,801.86 239 EA$3,018.91 240 EA$4,527.61 241 EA$6,036.70 242 EA$3,980.04 243 EA$5,307.23 244 EA$7,075.32 245 *Class IV ends not made, Class IV RCP Sloped End Sections only Class III EAN/A 246 EAN/A 247 EAN/A 248 EAN/A 249 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX EAN/A 250 EAN/A 251 EAN/A 252 EAN/A 253 EAN/A 254 EAN/A 255 EAN/A 256 EAN/A 257 EAN/A 258 EAN/A 259 EAN/A 260 EAN/A 261 EAN/A 262 EAN/A 263 EAN/A 264 EAN/A 265 EAN/A 266 EAN/A 267 EAN/A 268 EAN/A 269 EAN/A 270 EAN/A 271 EAN/A 272 EAN/A 273 EAN/A 274 EAN/A 275 EAN/A 276 EAN/A 277 EAN/A 278 Exhibit 1 LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX EAN/A 279 EAN/A 280 EAN/A 281 ESTIMATEDDELIVERY(INDAYS)AFTERRECEIPT OF ORDERBox Culvert - 4-6 wks Note:CityofDentonrequiresmaximum14-dayRCP - 2-3 Days delivery. Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of N/A Denton? (If bidder is a manufacturer check N/A) YES NO N/A THIS IS A SUPPLY ONLY CONTRACT, INSTALLATION IN NOT INCLUDED PRICES SHALL INCLUDE DELIVERY, FOB DESTINATION Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 February 13, 2012 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, February 13, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, 11 Barbara Russell, John Baines and Leonard Herring 12 13 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 14 OPEN MEETING: 15 16 CONSENT AGENDA: 17 18 19 1) Consider a recommendation of an approval of an adoption for an Ordinance accepting 20 competitive bids and awarding an annual contract for the purchase of RCP Pipe and Concrete 21 Box Culverts for various City departments; providing for the expenditure of funds therefor; 22 and providing an effective date (Bid 4790-Three Year Contract for RCP Pipe and Concrete 23 Box Culverts awarded to the lowest responsible bidder meeting specification for each section 24 in the annual estimated amount of $125,000). 25 26 Motion to approve by Board Member Gallivan with a second from Board Member Baines. 27 Vote 7-0. 28 29 Adjournment at 10:49 am ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR THE PURCHASE OF RCP PIPE AND CONCRETE BOX CULVERTS FOR VARIOUS CITY DEPARTMENTS TO HANSON PIPE AND PRECAST; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4790-THREE CONTRACT FOR RCP PIPE AND CONCRETE BOX CULVERTS AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION IN THE UNIT PRICE AMOUNTS SHOWN ON EXHIBIT A FOR AN ANNUAL ESTIMATED EXPENDITURE OF $125,000 AND A THREE YEAR ESTIMATED TOTAL OF $375,000). 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 therefore; 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 NUMBER VENDOR AMOUNT 4790 Hanson Pipe and Precast 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. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton underbid 4790 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-Bid 4790 Exhibit A LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX CLASS III RCP LF$14.36 1 LF $16.04 2 LF$19.92 3 LF$23.90 4 LF$28.57 5 LF$33.72 6 LF$41.29 7 LF$48.21 8 LF$63.68 9 LF$68.59 10 LF$78.13 11 LF$83.55 12 LFN/A 13 LF$111.79 14 LF$132.57 15 LF$163.12 16 LF$190.89 17 CLASS IV RCP LF$15.02 18 LF$17.73 19 LF $23.19 20 LF$29.79 21 LF$36.89 22 LF$40.58 23 LF$50.17 24 LF$56.76 25 LF$78.13 26 LF$82.05 27 LF$103.88 28 LF$121.09 29 LFN/A 30 Exhibit A LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX LF$167.05 31 LF$190.89 32 LF$207.34 33 LF$239.64 34 DIRECT DRIVE BOX CULVERTS LF$72.42 35 LF$75.70 36 LF$85.51 37 LF$98.60 38 LF$110.76 39 LF$117.35 40 LF$122.68 41 LF$135.54 42 LF$148.16 43 LF$136.75 44 LF$160.64 45 LF$176.12 46 LF$190.65 47 LF$205.98 48 LF$167.98 49 LF$198.37 50 LF$215.29 51 LF$231.88 52 LF$248.90 53 LF$264.70 54 LF$215.62 55 LF$236.70 56 LF$250.17 57 LF$273.87 58 LF$281.72 59 LF$298.04 60 LF$263.54 61 Exhibit A LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX LF$303.09 62 LF$320.90 63 LF$340.25 64 LF$358.11 65 LF$377.42 66 LF$317.44 67 LF$362.65 68 LF$382.98 69 LF$403.83 70 LF$424.73 71 LF$444.83 72 LF$465.73 73 LF$376.15 74 LF$392.70 75 LF$418.79 76 LF$440.11 77 LF$461.43 78 LF$482.74 79 LF$504.21 80 LF$525.38 81 LF$439.64 82 LF$462.92 83 LF$486.16 84 LF$509.49 85 LF$532.72 86 LF$556.01 87 LF$579.24 88 LF$602.52 89 LF$625.80 90 BOXES GREATER THAN 2 FEET OF COVER LF$72.42 91 LF$75.70 92 Exhibit A LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX LF$85.51 93 LF$98.60 94 LF$110.76 95 LF$117.35 96 LF$122.68 97 LF$135.54 98 LF$148.16 99 LF$136.75 100 LF$160.64 101 LF$176.12 102 LF$190.65 103 LF$205.98 104 LF$167.98 105 LF$198.37 106 LF$215.29 107 LF$231.88 108 LF$248.90 109 LF$264.70 110 LF$215.62 111 LF$236.70 112 LF$250.17 113 LF$273.87 114 LF$281.72 115 LF$298.04 116 LF$263.54 117 LF$303.09 118 LF$320.90 119 LF$340.25 120 LF$358.11 121 LF$377.42 122 LF$317.44 123 LF$362.65 124 Exhibit A LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX LF$382.98 125 LF$403.83 126 LF$424.73 127 LF$444.83 128 LF$465.73 129 LF$376.15 130 LF$392.70 131 LF$418.79 132 LF$440.11 133 LF$461.43 134 LF$482.74 135 LF$504.21 136 LF$525.38 137 LF$439.64 138 LF$462.92 139 LF$486.16 140 LF$509.49 141 LF$532.72 142 LF$556.01 143 LF$579.24 144 LF$602.52 145 LF$625.80 146 Precast Safety End Treatments EA$404.28 147 EA$729.28 148 EA$729.28 149 EA$472.82 150 EA$797.82 151 EA$797.82 152 EA$571.64 153 EA$896.64 154 EA$896.64 155 Exhibit A LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX EA$527.72 156 EA$852.72 157 EA$852.72 158 EA$637.74 159 EA$962.74 160 EA$962.74 161 EA$800.69 162 EA$1,150.69 163 EA$1,150.69 164 EA$527.72 165 EA$852.72 166 EA$852.72 167 EA$637.74 168 EA$1,012.74 169 EA$1,012.74 170 EA$800.69 171 EA$1,150.69 172 EA$1,150.69 173 EA$844.34 174 EA$1,150.97 175 EA$1,224.81 176 EA$977.54 177 EA$1,370.75 178 EA$1,384.92 179 EA$1,250.01 180 EA$1,875.51 181 EA$2,077.61 182 EA$844.34 183 EA$1,150.97 184 EA$1,224.81 185 EA$977.54 186 EA$1,370.75 187 Exhibit A LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX EA$1,384.92 188 EA$1,250.01 189 EA$1,875.51 190 EA$2,077.61 191 EA$1,383.71 192 EA$1,502.28 193 EA$1,733.67 194 EA$1,710.09 195 EA$1,908.09 196 EA$1,962.75 197 EA$2,301.01 198 EA$2,885.54 199 EA$3,114.45 200 EA$1,383.71 201 EA$1,502.28 202 EA$1,733.67 203 EA$1,710.09 204 EA$1,908.09 205 EA$1,962.75 206 EA$2,301.01 207 EA$2,885.54 208 EA$3,114.45 209 ESTIMATEDDELIVERY(INDAYS)AFTERRECEIPT OF ORDERBox Culvert - 4-6 wks Note:CityofDentonrequiresmaximum14-dayRCP - 2-3 Days delivery. Exhibit A LC. Ô w©;; ; © /·© -· E© w/t tz¦; µ /-©;·; .ã /ÒÝ;©· h¦;;7t twh5 / 59{/wLtLhb ITEMUOMVENDOR Hanson Pipe & Precast PRINCIPAL PLACE OF BUSINESS: Grand Prairie, TX Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of N/A Denton? (If bidder is a manufacturer check N/A) YES NO N/A THIS IS A SUPPLY ONLY CONTRACT, INSTALLATION IN NOT INCLUDED PRICES SHALL INCLUDE DELIVERY, FOB DESTINATION AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Laura Behrens at 349-8844 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two LifePak 15 Defibrillators from Physio Control, Inc., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4908-Purchase of Two Defibrillators for the City of Denton Fire Department in the amount of $78,180.10). FILE INFORMATION External defibrillators are life-saving devices utilized during the course of treating cardiac related medical emergencies. The Texas Department of State Health Services, the licensing agency for Emergency Medical Service (EMS) providers, requires the devices to certify a Fire Department as an Advanced Life Support (ALS) provider. Over the past five years, medical emergency calls have made up approximately 70 percent or more of the Fire 5,200 resulting transports during this time period, 87 percent of the services provided were reported as Advanced Life Support. The Fire Department utilizes the LifePak brand defibrillator and carries two models of the unit; LifePak 12 and LifePak 15. All Fire Department apparatus are classified as ALS units. Each front line fire and medical vehicle is equipped with a LifePak. Reserve vehicles are also equipped with LifePaks. Currently, there are 18 LifePak units in service and three back-up units. Of the 21 units, 16 are LifePak 12 models and five are LifePak 15 models. LifePak 12 models are no longer being manufactured and cannot be purchased. Therefore, LifePak 12 models are being phased out and all parts and services are being converted to the newer LifePak 15 model. Maintenance and service for the LifePak 12 models will cease in 2018. This purchase will allow the Fire Department to continue the conversion process to the LifePak 15 model. Agenda Information Sheet February 21, 2012 Page 2 FILE INFORMATION(CONTINUED) The Fire Department currently utilizes LifePak models exclusively. LifePak is the industry leader in defibrillator equipment. Consistency in equipment is vital to the effective and efficient deployment of services. The equipment is interchangeable between all Fire Department apparatuses. This also allows for training and proficiency on the equipment to be streamlined. The LifePaks are integrated into our existing LifeNet program, allowing the transmission of patient information to the receiving hospital, and the Intermedix system which consists of patient care reporting and billing. Additionally, protocols established by the current Medical Control Director call for the use of LifePak defibrillators during the course of providing medical treatment due to the electrical current capacity (360 joules) that only LifePak units can administer. The Fire Department could not identify any vendors within the city limits that supply the LifePak defibrillator units. Physio Control, Inc. is the sole provider of the equipment in our marketplace. Physio Control, Inc. also holds the current maintenance agreements for the Fire existing LifePak units. Section 252.022 of the Texas Local Government Code provides that procurement of commodities and services that are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. RECOMMENDATION Staff recommends awarding the purchase of two LifePak15 Defibrillator units to Physio Control, Inc. in the amount of $78,180.10. The purchase price includes accessory equipment and a five year maintenance agreement. PRINCIPAL PLACE OF BUSINESS Physio Control, Inc. Redmond, WA ESTIMATED SCHEDULE OF PROJECT A purchase order will be issued upon Council approval. The units are expected to be in service within 30 days from receipt of the purchase order. FISCAL INFORMATION The LifePak units will be funded from operating account 320100.8535. Requisition# 106811 has entered in the Purchasing software system. Agenda Information Sheet February 21, 2012 Page 3 EXHIBITS Exhibit 1: Equipment Quote Exhibit 2: Sole Source Letter Respectfully submitted:76 Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4908 Exhibit 1 Exhibit 2 ORDINANCE NO. ____________ CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TWO LIFEPAK 15 DEFIBRILLATORS FROM PHYSIO CONTROL, INC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4908-PURCHASE OF TWO DEFIBRILLATORS FOR THE CITY OF DENTON FIRE DEPARTMENT IN THE AMOUNT OF $78,180.10). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4908 Physio Control Inc. $78,180.10 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4908 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-File 4908 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-7460 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association for the purchase of Certified Softball Officiating Services which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4904-Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $70,000). FILE INFORMATION The Agreement between the City of Denton and the North Texas Umpire Association is to supply officiatin co- and Recreation Department contacts the ASA District Commissioner to locate an ASA Ump Association that would be available to umpire adult softball league games in Denton. This year and in previous years, the North Texas Umpire Association has been the only association (sole source) available for officiating sanctioned adult softball league play in Denton. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. The North Texas Umpire Association will officiate approximately 1,100 softball games for the Parks and Recreation Department during the 2011-12 fiscal year. The Association will provide two ASA umpires and one scorekeeper per game. RECOMMENDATION Award to North Texas Umpire Association in the amount per game specified in the Agreement attached as Exhibit 2 in the estimated total amount of $70,000. PRINCIPAL PLACE OF BUSINESS North Texas Umpire Association Denton, TX Agenda Information Sheet February 21, 2012 Page 2 ESTIMATED SCHEDULE OF PROJECT This Agreement will remain in effect through November 30, 2012. FISCAL INFORMATION This Agreement will be funded from Parks and Recreation account 411170.7868. Requisition number 106509 has been entered in the Purchasing software system. EXHIBITS 1: Sole Source Letter from Texas ASA District 13 Commissioner 2. Agreement between City of Denton and North Texas Umpire Association Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4904 Exhibit 1 To:JasonBarrow,CityofDenton HeatherGray,CityofDenton TheNorthTexasUmpiresAssociationbasedinDentonandservesthelocalsoftball associationsastheirofficial'sfacilitatorandistheonlyregisteredASAofficialsgroupin thisarea.TheNTUAhasservedDentonformanyyearsandhasbeeningoodstandings eachyearwiththeAmateurSoftballAssociationasarecognizedumpiregroup.Ifyou haveanyquestionspleasefeelfreetocontactme. SherryFoutch TexasASADistrict POBox69 Denton,TX76202-0069 Exhibit 2 AGREEMENTBETWEENCITYOFDENTONPARKSANDRECREATION DEPARTMENTANDNORTHTEXASUMPIREASSOCIATION TheCityOfDentonParksandRecreationDepartment(hereinafter"PARD")ofDenton, TexasandtheNorthTexasUmpireAssociation(hereinafter"NTUA")enterintothe followingAgreement: A.TheNTUAagreestoofficiateandprovidescorekeepersforthe2012AdultSlow- PitchSeasonsforMen,WomenandCoedASAsoftballgamesandGirlsSoftball Seasonsfor14U,12U,and10UFast-Pitch,8UCoachPitch,and6UT-ball gamesthatarescheduledbyPARDatNorthLakesandDeniaSoftballComplex, Denton,Texas. C.PARDwillprovideNTUAwithascheduleofgamesdepictingleaguesandtheir fieldassignmentsfortheseason.NTUAwillreceivethisinformationatleastone (1)weekbeforetheseasonbegins.PARDwillalsoprovideNTUAwiththe league'scurrentrulesandregulationsthataremodifiedfromthecurrent AmateurSoftballAssociation(ASA)rules. D.NTUAwillscheduleofficialssothattheabilityleveloftheofficialwillmatchor exceedthelevelofleagueplayoneachfield.NTUAwillprovideuptotwo(2) umpiresandone(1)scorekeeperfortheAdultandGirlsSoftballLeaguesfor eachgame. 1)Optimally,eachfieldwillhavetwo(2)umpires,butwhenthatisnotpossible ornotrequired,NTUAwillinsurethattheofficialworkingalonewillbea qualifiedumpire. 2)TheUmpire-In-Charge(UIC)scheduledforeachnightwillensurethatthe officialsassignedtoeachfieldarecapableofworkingthatparticularlevelof play. A.Inconsiderationofsuchservices,PARDwillpayNTUAthefollowingrates: 1)$46.00pergameforAdultSoftballMen's,Women'sandCoedDivisions toprovidetwo(2)umpiresandone(1)scorekeeper. 2)$39.00pergamefortheAdultCoedForFunDivisiontoprovideone (1)umpireandone(1)scorekeeper. 3)$72.00pergamefortheGirlsFastPitchDivisionstoprovidetwo(2) umpiresand(1)scorekeeper. 4)$48.00pergamefortheGirlsCoachPitchDivisiontoprovideone(1) umpireandone(1)scorekeeper. 5)$15.00pergamefortheGirlsT-BallDivisiontoprovideone(1) scorekeeperonly.Ifonlyone(1)game,$20. 6.NOTIFICATION/SCHEDULECHANGES Allnotificationsconcerningtheprovisionsofthedocumentorofschedulechanges shallbeinwritingtothebelowaddress.AllgamechangeswillbegiventoNTUA Assignor24hourspriortothechange.Ifnotificationisnotgiveninthistimely manner,anadditionaladministrationfeeof$3.00pergamewillbechargedto PARD. A.Ifinitialnotificationisbyphone,thenawrittenconfirmationshallthereafterbe sentwithinseven(7)days. 7.INDEMNIFICATION NTUAagreestoindemnify,defendandholdharmless,PARD,theCITY,andtheir employeesandofficersfromandagainstanyandallclaimsoractionsforinjuriesor damages,includingdeath,arisingoutofNTUA'sperformanceunderthis agreement,includingthenegligentactsoromissionsoftheumpiresprovidedfor underthisagreementandanyclaimsoractionsmadeorbroughtbyanumpire. ThisagreementisexecutedtobeeffectiveasofFebruary1,2012byauthorized representativesofthepartiesheretoassetforthbelow. NorthTexasUmpireAssociation Date ~lfJ ~tNr-- Title NorthTexasUmpireAssociation CityofDentonParksandRecreationDepartment 524NLocust,SuiteA JasonBarrow Denton,TX76201 AdultSports/TennisSupervisor (940)898-1561 (940)349-8525 (940)380-9235fax (940)349-8384fax ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4904-AGREEMENT WITH NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT PER GAME AS SPECIFIED IN THE AGREEMENT FOR AN ESTIMATED AWARD OF $70,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4904 North Texas Umpire Association $70,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4904 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-File 4904 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Transportation ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton Authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to an Airport improvement grant to develop a Wildlife Management Plan for Denton Airport; authorizing the City Manager to expend funds provided for in the grant program; and declaring an effective date (TXDOT CSJ No.: 1218DNTON). The Airport Advisory Board recommends approval (7-0). BACKGROUND Denton Airport staff submitted a grant request in December 2011 to the Texas Department of Transportation Aviation Division (TxDOT Aviation) to fund a Wildlife Management Study. This will be a 90/10 cost sharing grant offered for a total project cost of $100,000 with City of Denton ten percent (10%) local matching funds in the amount of $10,000. The scope of work for this study will include recognizing existing wildlife attractants, as well as mitigating the creation of new wildlife attractants on or near the Airport to help reduce the risk of wildlife strikes. Airport Planning and Wildlife Mitigation should go hand in hand in those areas where wildlife is or may become an issue for aircraft. Identifying existing natural wildlife habitat through a Wildlife Assessment as well as Mitigating Wildlife habitat near airports through an Airport Wildlife Management Plan will aid in the reduction of incidents between aircraft and animals. RECOMMENDATION Airport staff recommends approval of this ordinance to move forward with the Wildlife Management Plan. This project will be funded by the Airport Capital Account. PRIOR ACTION/REVIEW (Council, Boards or Commissions) February 8, 2012 - The Airport Advisory Board recommended approval of this grant by a vote of 7-0. Respectfully submitted, Andrea Sumner Airport Operations Coordinator AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Transportation ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute, on behalf of the City of Denton, a First Amendment to an Airport Lease Agreement between the City of Denton, Texas and JVC Real Estate, L.L.C. for the property located at 4650 and 4736 Lockheed, Denton Municipal Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0). BACKGROUND Airport staff has discussed with JVC Real Estate, L.L.C. (JVC) the addition of concrete paved parking along the property between Clear Star Street and the south side of the JVC hangars located at 4650 and 4736 Lockheed at Denton Airport. Staff believes it is to the advantage of Denton Airport to provide the improved parking area and enter into a lease with JVC at a lease rate in excess of the rate for unimproved property at the Airport. This area is approximately 4,500 square feet and would produce annual revenue of $1,215 as unimproved property. The lease rate proposed for the improved parking area is $3,000 annually for a period of forty-two (42) years. The cost of paving the parking area is $35,000 and it will provide thirty-two (32) parking spaces. This improvement is proposed to be funded through the annual Texas Department of Transportation Aviation Division (TxDOT Aviation) RAMP Grant. RECOMMENDATION Airport staff recommends approval of this ordinance to provide parking improvements to be leased to JVC Real Estate, L.L.C. PRIOR ACTION/REVIEW (Council/Boards/Commissions) On February 14, 2012, the Council Airport Committee unanimously recommended approval to forward the First Amendment to an Airport Lease Agreement between the City of Denton, Texas and JVC Real Estate, L.L.C., for City Council consideration. Agenda Information Sheet Wildlife Management Plan February 21, 2012 Page 2 EXHIBITS 1. Property location map 2. Ordinance with First Amendment attached Respectfully submitted, Quentin Hix Airport Manager EXHIBIT 1 Copyright NCTCOG DISCLAIMER This data has been compiled for NCTCOG. JVC - Parking Various official and unofficial sources were used to gather this DFWMaps.com information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Transportation ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton with Legend Natural Gas IV, LP, a fourth amendment to surface use agreement first executed between the City of Denton, Texas and Enexco, Inc on January 17, 2002, for the property located at Denton Municipal Airport; and providing an effective date. Council Airport Committee recommended approval (3-0) BACKGROUND Legend Natural Gas IV, LP (Legend) acquired the Airport Gas Wells from Range Resources in May 2011. As a result of this transaction, the City of Denton and Legend need to amend the current lease. In addition, as part of this process, Airport staff requested Legend to survey the current footprint of each gas well pad site to determine the area fenced for production. The surface footprint for each drilling site was reduced when the production sites were enclosed in screening fence in 2010. There are four pad sites with a total of ten (10) gas wells in production at Denton Airport. Legend provided the survey information and has worked with Airport and Legal Staff to develop a proposed amendment to the surface lease which covers all four pad sites. The four pad sites are described on Page 2 of 9 in the attached Fourth Amendment. The total surface lease is 358,109 square feet, leased at two different rates based on the east or west side location at Denton Airport. The total proposed annual lease amount is $25,663. This amendment is not affected by the recent gas well moratorium as this is a surface use agreement and the wells have already been drilled at this site. RECOMMENDATION Airport staff recommends approval of this ordinance to amend the surface lease for Airport Gas Well pad sites. Agenda Information Sheet February 21, 2012 Page 2 of 2 EXHIBITS 1.Gas well location map 2.Ordinance with Fourth Amendment attached Respectfully submitted, Quentin Hix Airport Manager EXHIBIT 1 AGENDA INFORMATION SHEET AGENDA DATE: February 21,2012 DEPARTMENT: Parks and Recreation ACM: Fred Greene ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance to allow exclusive use of City property for the 35 Denton music festival at Williams Trade Square and Hickory Street between Industrial and Austin streets contingent on a fully executed contract with an approved vendor; for an exception to the Noise Ordinance to have an increase in decibel level to 95 decibels and for amplified sound on Sunday; and for the street closures to traffic beginning at 7:00 a.m. on Friday, March 9, 2012, and concluding at 11:00 p.m. on Sunday, March 11, 2012; and providing for an effective date. Staff recommends approval of an increase in decibels to 75 and amplified sound on Sunday. BACKGROUND The fifth annual 35 Denton (formerly known as NX35 and 35 Conferette) is a four-day music conference featuring approximately 250 acts from around the United States. The event takes place at 11 participating venues around the Downtown area. On Thursday, all musical concerts will be held inside local businesses. Friday through Sunday, the outdoor concerts will be held on two stages: one located on East Hickory Street and one in Williams Trade Square parking lot; Williams Trade Square is City owned property located east of the Wells Fargo Bank building. On Friday, outdoor performances begin at 4:00 p.m. and conclude at 9:45 p.m. and on Saturday and Sunday from 2:00 p.m. until 9:45 p.m. 35 Denton is requesting an increase in decibels from 70 to 95 decibels and amplified sound on Sunday. 35 Denton will feature nationally known bands as well as local talent. Event organizers expect a total attendance of approximately 15,000 over the four days. Tickets are available on-line and can be purchased at the main gate throughout the event. The businesses directly affected by the street closure have agreed to the street closure request. The surrounding residents and businesses will be contacted by event organizers prior to the event with notification of the three day street closure and the hours of outdoor music. OPTIONS City Council can approve as requested City Council can deny any or all 35 Denton requests City Council can request to move the event to another location, such as the North Texas Fairgrounds Agenda Information Sheet February 21, 2012 Page 2 RECOMMENDATION Staff recommends approval of the requests pending completion of items by dates set by City ordinances as listed on Exhibit 2 Schedule of Project, which was provided to event organizers on February 3, 2012. It is recommended to keep the decibel level at 75, the same as approved for the 2011 event, and to allow amplified sound on Sunday. ESTIMATED SCHEDULE OF PROJECT See Exhibit 2 PRIOR ACTION/REVIEW At the March 2, 2010, City Council meeting, a request for an increase of decibels was approved for up to 75 decibels for the concert held at the North Texas Fairgrounds. At the February 15, 2011, City Council meeting, a request for an increase of decibels was approved for up to 75 decibels for the concerts held on Hickory Street and for the closing of Hickory Street for the duration of the event (4 days). FISCAL INFORMATION None EXHIBITS 1.Letters of Request 2.Schedule of Project 3.Proposed Site Map 4.Signatures for Street Closure 5.Proposed Traffic Control Map 6.Ordinance Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator EXHIBIT 2 Schedule of Project Schedule of Project provided to event organizers on February 3, 2012. The following items are pending as of 2/3/12 (due dates are in bold text): 2/7/12 1.* Submit a Carnival and Fairs permit. Required 30 days prior to event. 2.* Insurance – Required for events held on City property. Insurance will need to cover the consumption and sale of alcohol and show the City of Denton as Additional Insured. 2/20/12 3.* Tent/Canopy Permit – Required for any tents larger than 200 square feet and canopies 2/22/12 larger than 400 square feet. 4.* Security – Police security is required for any event held on City property with alcohol 2/24/12 involved. 5.Provide written confirmation from Wells Fargo Bank of dates and times they will allow 2/24/12 the event organizer to use the parking areas owned by the bank. 3/1/12 6.A finalized map with the following information is needed by : List of vendors and locations on the map – in the event of an emergency, the Fire and Police departments need to know the exact location of vendors and booths. List of vendor locations is needed for the Health Department to issue food permits to vendors. Location of dumpsters. Location and number of portable toilets. 7.Notify surrounding residents and businesses on Hickory Street and Austin Street of dates 3/1/12 and times of event. 8.Paramedics/First Aid – Required for any large event. Number of paramedics to be determined once the final map is submitted and the Carnival and Fairs permit has been received. 9.Payment for all city services is due within 10 working days after the conclusion of the 3/26/12 event. * Required by City Ordinance CITY OF DENTON CITY COUNCIL MINUTES December 5, 2011 After determining that a quorum was present, the City Council convened in a Special Called Work Session on Monday, December 5, 2011 at 11:30 a.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Council Member Engelbrecht, Council Member Gregory, Council Member Roden, and Council Member Watts. ABSENT: Mayor Pro Tem Kamp and Council Member King. 1. Receive a report, hold a discussion and give staff direction regarding the accomplishments of the City Council Committee and Citizens Committee on Denton Property Maintenance Code Issues, and the continuation or conclusion of these committees. John Cabrales, Public Information/Intergovernmental Relations Officer, stated that for the past six years, the City had worked on updating the property maintenance codes for the community. Since 2008, City staff had worked with a Council Committee, Citizens Committee, and residents and rental property owners to address issues and codify them into the new Denton Property Maintenance Code. In 2005, the City attempted to address the revision of the property maintenance code language, but that attempt was met with resistance from certain sections of the community. In April 2006, the City Council asked the Denton Chamber of Commerce to conduct an assessment of the City’s property maintenance code issues. The Chamber asked the Leadership Denton Class to adopt this issue as their class project, and the class conducted a survey of the community. In April 2007, the Leadership Denton Class presented the results of their survey to the City Council. In October 2007, a City Council Committee was appointed by the Mayor to address the property maintenance code issues. Council Members Charlye Heggins, Chris Watts and Joe Mulroy were appointed to this committee and they held their first meeting in November 2007. The Council Committee appointed a nine member Citizens Committee to work with staff and the Council Committee. The Citizens Committee held its first meeting in March 2008. From November 2007 to January 2009, there were thirty meetings held by these two committees. On March 3, 2009, the City Council adopted Articles I-XII of the new Chapter 17 Denton Property Maintenance Code into the Code of Ordinances of the City of Denton. Chapter 17 did not contain regulations related to substandard or dangerous structures. On May 11, 2010, the City Council adopted the merging of Articles I-XII of the new Chapter 17 with Article XIII (substandard or dangerous structures) into the Denton Property Maintenance Code. On January 20, 2011 a joint meeting of the Citizens and Council Committees on Property Maintenance Code Issues was held to review five staff recommended revisions to the Denton Property Maintenance Code. Four of the five ordinance revisions presented were approved unanimously by the membership of the two committees. The fifth recommended revision, outside storage, was sent back to staff with a request to simplify the language and abbreviate the length. The outside storage language was simplified with input from the Citizens Committee. On August 16, 2011, the City Council adopted the five recommended revisions to the Denton Property Maintenance Code. City of Denton City Council Minutes December 5, 2011 Page 2 Cabrales stated that the Committees had completed the task assigned to them and asked if the Council had any other task for them to work on or if the Committees could be disbanded. Mayor Burroughs asked how the minimum building standards program was implemented. Lancine Bentley, Code Enforcement Manager, stated that the Minimum Building Standards Program was a preventative measure to decrease the number of primary and accessory structures that became severely dilapidated. She stated that Code Enforcement had started the program March 1. Staff had done a windshield survey and selected 60 properties that were the worst, most obvious minimum building standard violations on various streets throughout the community. These were divided among staff and the properties were evenly distributed throughout the Council districts. Staff sent out a courtesy letter which told the property owner that they had found that there were some minor repairs that needed to be made to the property. A list of those repairs was included in the letter. The letter also told the property owner that the City’s goal was to maintain property values in the neighborhood and maintain housing standards so that the property did not fall into disrepair, and tried to explain why they had received the letter. It also stated that if they needed more time to make the repairs, to call that Code Enforcement would give extensions on those courtesy letters. The letters also stated that if they had any questions or concerns, to call Code Enforcement. Bentley stated that they actually had a very, very high voluntary compliance rate from the courtesy letters. They had some property owners ask for extensions and some property owners that needed financial assistance were connected with Community Development. There were many instances of roofs being replaced. Staff was very surprised at the lengths that people went to; some made repairs that were not mentioned in the letters. The Mayor asked if any of these structures were commercial or if they were primarily residential structures. Bentley stated that they had started with residential – single family and duplex. She stated they would do commercial during the next phase. Bentley stated that after the courtesy letter phase was over, if they had not heard from anyone or seen any repairs being made, they would send an official notice with a 30 day timeframe to make the repairs. A case would be opened. They could ask for an extension here, too. Bentley stated that they did not issue citations this year. She stated that there were 332 violations that were abated. Most of the time each property had several violations. There were only 21 violations that remained unabated. Those cases would be closed out and worked again next year. Bentley stated that an extension of time was what most of the property owners needed to become compliant. Bentley stated that this was a spring through fall program. Most repairs would be difficult to make during the winter months. Council Member Roden asked if Code Enforcement had a list of lingering issues that they found were not addressed in the current Code. City of Denton City Council Minutes December 5, 2011 Page 3 Bentley stated that they did have a very large list several years ago but most of those issues had been addressed over the last few years with revisions to the Code. The Mayor asked if this was a good stopping point for the structure of these committees. Council Member Watts felt that the Council Committee and the Citizens Committee had fulfilled the charge they had been given, achieved their goals and had been very effective. He stated that if new issues arise, then the Council could look at forming another committee with a different charge. Council Member King arrived at the meeting at 12:15 p.m. Barbara Russell thanked the Council for allowing her to be a part of the problem-solving on these issues. John Weber stated that the Citizens Committee was a good representation of neighborhood advocates, rental property owners and real estate owners and felt that the charge had been fulfilled. He asked that future committees have the same mix of commercial and residential citizens. General consensus of the Council was that the Council Committee and Citizens Committee could be disbanded at this time. 2. Receive a report, hold a discussion and give staff direction regarding supplemental street funding. PS Arora, Assistant Director of Wastewater, briefed the Council regarding current Denton Development Code street exactions and supplemental street funding options. New developments or higher intensity use in an existing development created additional traffic. To accommodate this additional traffic, the proposed development needed to pay for necessary road improvements. This resulted in exactions for road improvements per the Denton Development Code as described below: Perimeter street improvements - any development that abutted an unimproved street was required to improve or reconstruct the street to current street standards per the Denton Transportation Criteria Manual.This included the dedication of right-of-way and construction of 25-ft (28foot for arterials) of asphalt/concrete pavement, curb and gutter, and sidewalk. New perimeter streets – if an arterial or collector street was proposed by the Mobility Plan near or within the boundary of the development or the development created the need for a new perimeter street, the development shall provide right-of-way dedication, pavement width of twenty-five (25) feet plus required bicycle lane in the case of an arterial street. Sidewalk – any development abutting a public street was required to construct sidewalk along its public street frontage in accordance with the Denton Transportation Criteria Manual. City of Denton City Council Minutes December 5, 2011 Page 4 Offsite street improvements – any development that generated more than 100 trips per day might be required to cost participate in off-site improvements (such as off-site right or left turn lanes, pavement widening/reconstruction, pavement markings, signage, etc.) Signal cost participation – any development that was within the vicinity of a street intersection(s) that was planned to be a signalized intersection was required to pay its proportionate share of the signal cost for that intersection. Proportionality assessment – developments that were required to construct any of the above items might request a proportionality assessment be performed. Staff performed this assessment to establish the percentage of the development’s proportionate responsibility for the construction of the public improvements. If the development’s proportionate share was less than 100 percent of the estimated construction cost, then payment in lieu of construction could be made by the developer. Staff used the Mobility Plan, Connectivity Plan, current CIP project information, and the Transportation Criteria Manual along with the Denton Development Code requirements to assess road exactions for a proposed development. Arora provided examples of projects and the exactions applied to those projects – Proposed restaurant with drive thru at Loop 288 and Spencer Road – required roadway exactions included ROW dedication along Spencer Road, street improvements along Spencer Road, sidewalk along Spencer Road and Loop 288. Proposed medical facility on Scripture – required roadway exactions included ROW dedication along Scripture Street, sidewalk along Scripture Street. Proposed restaurant and multi-family apartments at Fort Worth Drive, I-35E service road, and Locust Street – required roadway exactions included right turn lane along Fort Worth Drive, extensions of existing left-turn lane along Fort Worth Drive, sidewalk along Fort Worth Drive and Locust Street. Arora stated the current road exaction pros were: it was currently in the Denton Development Code; it was applicable in the ETJ; it met State requirements; and there was no additional expenditure to implement. The current road exaction cons included: Payments from the developer were specific to project location only, so the funds could only be used for road improvements at that specific location. Due to this specificity, the City had over $2.3 million collected over time tied to specific locations. Use of these funds was not allowed until a city-funded CIP project was constructed in that specific location. If a CIP project was constructed, then those funds could be applied to the CIP project. Also, there was a 10-year time window within which these funds had to be used otherwise the funds reverted back to the developer. Due to the road exactions tied to specific locations it led to roads/sidewalks to nowhere construction. Unnecessary road transitions from the expanded road section along the frontage of the development to tie to existing roads were required. The exactions were inequitable. If a development was occurring on a TxDOT road or an already improved street then the developer could end up with no road exactions. However, if the street was classified as an unimproved street, then the developer had to improve the perimeter street on the frontage of the development to current city standards, and pay for any signal cost participation. Depending on traffic generated, there might be additional improvements required City of Denton City Council Minutes December 5, 2011 Page 5 based on the Traffic Impact Analysis. Off-site improvements were tied to traffic generation threshold based on a TIA for larger developments only, even though traffic generated from a smaller development project would still use off-site road capacity. The exaction process did not yield what the dollar amount of the exaction would be until later in the development process when plans were developed to determine the construction quantities. It was not predictable for developers. Due to the exaction process not yielding costs until later in the development process, it was difficult to do due diligence. Piece-meal approach and negotiations were inherent in the current road exaction process. The exaction process did not allow pooling of funds, so the funds collected might sit for years until a CIP project was proposed by the city for the particular location. The current exaction process did not allow the City to capture the value of excess capacity in an existing street from developer if the street was classified as an improved street, and the developer did not have to improve the road. Arora stated that due to the limitations in the current Denton Development Code, staff had looked at other options of street funding resulting from development projects – General Obligation bonds, general budget (maintenance), special districts (TIF, TIRZ, PID, MMD, TRZ’s), special tax funds, state and federal funds, grants, road impact fees, developer contributions, road user fees. Except for Road Impact Fees, the above listed funding methods did not directly address exactions for road improvements to account for traffic generated from a proposed development. Arora stated that an impact fee was a one-time charge assessed to new development for a portion of costs related to a specific capital improvement program. Impact fees were a mechanism for funding the infrastructure necessary to accommodate new development. Impact fees allowed for funding of certain new facilities or expansions and recoupment of certain capital improvement costs. Some of the positive aspects of using the road impact fee were: allowable by state law; alleviated the burden of constructing new facilities on existing taxpayers; allowed recoupment of project costs already constructed which contained oversized or excess capacity; allowed for implementation of key system improvements over piece-meal approach; provided up front knowledge of the exact fee to be imposed; fairly charged based on system impacts; allowed for pooling of funds; established rough proportionality; allowed clear identification of developer credits; no more piece meal negotiations. Some of the negative aspects were: it was applicable only within the city limits; there was a cost to implement; impact fee updates were required every five years by state law; and there were administrative requirements to manage the program. Arora reviewed components that could be paid for through an impact fee program: construction cost of capital improvements on the CIP which included traffic signals, bridges, sidewalks; survey and engineering fees; land acquisition costs, including court awards; debt service of impact fee CIP; and study/update costs. Arora reviewed components that could not be paid for through an impact fee program: projects not included in the CIP; repair, operation and maintenance of existing or new facilities; upgrades to serve existing development; and administrative costs of operating the program. City of Denton City Council Minutes December 5, 2011 Page 6 Impact fees were collected based on a single family equivalent (SFE) and a small or large project could be broken into a collection of SFE’s in terms of its traffic impact on the transportation system. It established rough proportionality, provided up front knowledge of the exact fee, and made it easier to do due diligence. It allowed for pooling of funds to be used for projects with the defined Service Area, and allowed recoupment of the city investment in excess road capacity from developments. Arora stated based on the cost to implement the road impact fee by several cities in Texas, it was estimated that road impact fee implementation could amount to $250,000–$300,000 in Denton. Arora reviewed the road impact fees that were currently in use by several cities in Texas. The median road impact fee amount charged was about $2,000 per SFE. For Denton, assuming a road impact fee of $1,500 per SFE; for 500 to 1000 SFE growth, impact fees of $750,000 to $1,500,000 per year could be generated. As a reference, in the last fiscal year there were 977 SFE connections for Wastewater Impact Fees. Road Impact Fees were applicable within the city limits only. However, the DDC was also applicable to development in the ETJ. Staff had looked at how Fort Worth had modeled its impact fee implementation and how it could be used in Denton. Fort Worth used the proportionality assessment model that we currently used to determine rough proportionality for roads that were not included in the Road Impact Fee CIP, and for developments in the ETJ. This model then determined the proportionate share of a development’s impact on the road system. Fort Worth ran this model for all roads not included in the Impact Fee CIP and for developments in the ETJ. Fort Worth capped the maximum exaction to the 100 percent Impact Fee calculated cost for the particular Service Area. Use of the hybrid approach of impact fees and rough proportionality model covered the entire area within the city limits as well as the ETJ. In addition, for the areas outside of the city limits, where a new CIP project was not warranted due to not enough current traffic, it exacted a higher dollar amount to construct the needed transportation infrastructure to serve a proposed development. The combination of impact fees and proportionality model used in DDC would allow for fair and predictable assessment of road impact exactions, and “growth paying for growth”. It allowed for revenue stream that could be pooled and applied to road improvements within a Service Area, and was not tied to a specific address location. This would allow a more predictable and efficient use of the capacity related transportation dollars. It would be necessary to modify portions of the DDC. The proportionality model we currently used could be applied to all roads that were not included in the Road Impact Fee CIP and in the ETJ. This model determined the proportionate share of a development’s impact on the road system. For roads not included in the Impact Fee CIP, Fort Worth ran the proportionality model for the proposed development, and then capped the maximum exaction to the 100 percent impact fee calculated cost for the particular Service Area. Arora stated that the City had recently completed a Pavement Management Analysis. A product of this analysis was the Overall Condition Index (OCI) rating for all streets. Use of the OCI City of Denton City Council Minutes December 5, 2011 Page 7 rating could be incorporated with Rough Proportionality Analysis to determine road exactions for those roads not included in the Road Impact Fee CIP. If adopted, impact fees could be imposed on all new plats and re-plats approved after ordinance adoption. There was a one-year grace period for development platted prior to the adoption of the ordinance. Development expansions or re-development would only be charged for additional traffic demand placed on the system. Fees would be assessed at platting and collected at the building permit phase. Funds would have to be spent within ten years and only on impact fee CIP projects. The combination of Impact Fees and Proportionality Model/OCI Rating use in the DDC would allow for fair and predictable assessment of road impact exactions, and it would allow for “growth paying for growth”. It would allow for revenue stream that could be pooled and applied to road improvements within a Service Area, and not tied to a specific address location. Council Member Watts asked about the 40-year road life - was it measured based upon some type of trip standard?Was it broken down into a single family equivalent trip? Arora stated that staff knew per lane how much traffic each street could carry. Watts asked if the amount of traffic a street could carry as far as traffic flow was different than the kind of traffic a street could carry that would then begin to degrade the road. Watts asked for additional information regarding the following: the difference between how much a two lane road handle based on so many trips per whatever and how much it could handle from the standpoint of wear and tear on the actual road bed that it would require reconstruction or maintenance. Was that what the SFE was supposed to measure? Arora stated that he would have to check and see what the state law said on that. Council Member Gregory stated that along with that there were some high density residential developments that might be located such that a lot of pedestrian traffic could be anticipated from those because they might be transit-oriented developments or they might be in very close proximity to the university so he thought they needed to look at it from both ends in terms of was there any credit that a developer might be given for constructing in a location that actually decreased from what a standard housing unit trip might be in terms of weight of vehicle because they might be walking or riding a bicycle. Gregory stated that he appreciated the examples of the re-use of the Home Depot site into apartments and the restaurant on Loop 288 earlier in the presentation. He stated that he would like to see examples of how this structure would work on industrial development and warehouses on the west side of town out by the airport and how that might impact some of the issues with economic development and tax abatement. Gregory asked how this proposal would mesh with the City’s work in the downtown area on form-based code. City of Denton City Council Minutes December 5, 2011 Page 8 Mayor Burroughs stated that he would like to see information on alternatives we might have if we had a policy encouraging development that was infill or re-development or a small development exception along with an example from another city so that they could weigh those alternatives. Consensus of Council was to bring back the additional information they had requested. With no further business, the meeting was adjourned at 1:56 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 6, 2011 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, December 6, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Watts. ABSENT: None. 1. Citizen Comments on Consent Agenda Items There were no citizen comments presented on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for December 6, 2011. City Manager, George Campbell, stated that there was a change on Item 3H. Quentin Hix, Airport Manager, stated that the request was for Council to accept the donation of an airport rescue and fire fighting vehicle from Jet Works Air Center. The letter of commitment from Jet Works confirmed the donation of the vehicle. Staff was asking the Council to acknowledge that and to authorize the City Manager to accept the donation. Hix stated that there was a last minute issue that was brought to staff’s attention. Jet Works Air Center had completed their financing arrangement, but they would not have a clear title to the vehicle for 120 days. City Attorney, Anita Burgess, stated that we were currently operating the vehicle under a lease agreement with Jet Works which would expire December 13, 2011. She stated that staff would bring the lease forward to Council at the December 13, 2011 meeting to extend it until April when we formally accepted the vehicle. Council Member Engelbrecht asked about Item 3F and the contract amount. Elton Brock, Purchasing Manager, stated that it was a five-year contract up to $150,000 per year. Council Member Roden asked if everything related to Item 3N would be addressed during the presentation later in the work session. City Manager Campbell stated yes. 3. Receive a report, hold a discussion and give staff direction regarding the various forms of communications, including Social Media, used by the City to reach the public, council and staff. Kara Roberson, Marketing Communications Administrator, briefed the Council on the various communication efforts to keep the public informed about news, events, programs and services that we offered here in the City. We reach out to the public through a variety of outlets. Some of the tools used to get information out to the public included DTV NewsBreak, Facebook, billboards. She stated that various audiences received information differently. City of Denton City Council Minutes December 6, 2011 Page 2 She stated that we still printed information. There was an audience that was still consuming messages through print, in the form of brochures, posters fliers, billboards, newsletters, door hangers, calendars, bill stuffers, print ads. Kevin McGinnis, Website/Graphic Administrator, briefed the Council regarding the website. He stated that there were content managers in various departments and they upload information to the website. He stated that 52-54% of the website traffic originated from the homepage. In 2010, the City brought on a mobile version of the website. It was identical as the main website, but without all the pictures and images. McGinnis stated that when they looked at Social Media, very few cities had a directive in terms of how they would use social media. The City’s directive provided guidelines, which were intended to govern employees who were posting on behalf of the City of Denton. There was a request form that designated who was going to be the moderator for that department, what kind of content they were going to be putting on their social media pages, and why - and hopefully that tied into their strategic plan for communication for their department. The Director signed off and the request was sent to the Public Communications Office and then forwarded to the City Manager for final approval. The official City of Denton social networks included: eight Facebook accounts, six Twitter accounts, and one YouTube Channel. John Cabrales, Public Information/Intergovernmental Relations Officer, briefed the Council regarding media relations. He stated that press releases were sent to local and regional media groups. Staff had developed relationships with reporters covering municipal news. City communicators also prepared talking points and worked with staff and media groups to cover City news stories. Cabrales stated that one of the things the City was looking at was establishing a rumor control page on the website to provide accurate information about stories circulating in the community. He stated that forms of crisis communications included CodeRed, DME’s voice recognition system, cable television emergency alert system, and press conferences. 4. Receive a report, hold a discussion and give staff direction regarding revisions to the Downtown Incentive Reimbursement Grant Program. The Downtown Task Force recommends approval (14-0). The Economic Development Partnership Board recommends approval (8-0). Julie Glover, Economic Development Program Administrator, stated that the Council had adopted the Downtown Incentive Reimbursement Grant Program in 2007 and had allocated $50,000 for each fiscal year through 2011-2012. There were some concerns that these grants did not serve as true incentives. An incentive was meant to encourage development that would not have occurred unless the incentive was provided. The Council felt that many of these projects would have been completed even if the grants had not been awarded. The Council had asked staff to review the policy and to bring it back for Council consideration. Glover stated that a subcommittee of the Downtown Task Force had met to discuss changes to the grant policy, application and scoring mechanism. They presented their suggestions to the Downtown Task Force and the Economic Development Partnership Board. The following revisions were recommended: City of Denton City Council Minutes December 6, 2011 Page 3 1) Change the name from “Downtown Incentive Reimbursement Grant Program” to “Downtown Reinvestment Grant Program.” This better described the purpose of the grant which was to assist businesses with the costs involved in renovation/redevelopment projects and developing on infill sites. 2) Change all references to the “Denton Central Business District” to “Downtown Implementation Plan (DTIP) area.” When the Form-Based Code was passed, the Central Business District zoning would become obsolete. 3) Change the maximum grant allowed from $50,000 to $25,000. 4) Change the allocation limits to be based on “property” instead of “applicant.” By applying the limitation of $25,000 per property, the property owner and a tenant might both apply for grants; however, no more than $25,000 could be awarded in one year. 5) On page 1, under Guidelines, change “Property Appearance Guidelines” to “City of Denton’s Municipal Codes and Ordinances.” 6) On pages 2, 10 and 11, change review criteria to reflect new scoring items: “Increases property value or sales tax revenues; historic accuracy; utility upgrades/impact fees; increases downtown population (residents, day or night users); location; and other.” 7) On page 3, under “Grant Application Process,” add “”Grants of $10,000 or less will be subject to approval by the Downtown Task Force. Grants more than $10,000 will be reviewed by the Economic Development Partnership Board. Grants more than $10,000 require a recommendation from the EDPB. Grants more than $10,000 will be placed on the City Council agenda for final approval.” 8) On page 9, in the agreement, last paragraph, first sentence, change to “I understand that if I am awarded a Downtown Reinvestment Grant by the City of Denton...” 9) Grants will be scored by Task Force members and averaged to reach an aggregate scoring number (page 11). Council Member Roden asked who was on the task force and how they were picked. Glover stated that currently they were a sub-committee of the Economic Development Partnership Board. Once these changes went into effect, the Economic Development Partnership Board would formally appoint voting members of the Task Force each year, which would be responsible for scoring and recommending grants. Mayor Pro Tem Kamp stated that she knew of several businesses that would not have been able to do their project without the grant. Council Member Watts stated that he was not against downtown development. He just felt that there were other small businesses around the City that did not receive the benefit of these grants. He felt that the money could be better spent elsewhere. He suggested that if the City still wanted to have a program – divide it up citywide. He felt that the program might have served a purpose in the beginning but was not sure it did now. City of Denton City Council Minutes December 6, 2011 Page 4 Council Member Gregory asked if staff had been approached for similar kinds of funding for other re-development in other parts of the city. Glover stated that they had only been approached by one business. Mayor Burroughs felt that the proposed revisions to the program were better than the current process. Council Member Roden agreed that there were other business areas and / or neighborhoods that had need for funding through a similar program. General consensus was to move forward with the proposed revisions to the program. Council Member Watts asked that for grants under $10,000 that were awarded, staff send Council an informal staff report to keep them apprised of what was going on. 5. Receive a report, hold a discussion and give staff direction regarding a resolution adopting a policy to establish guidelines and procedures for requests for City sponsorship of special events and programs. Emerson Vorel, Director of Parks and Recreation, stated that the City had no policy or guidelines addressing requests for sponsorship of special events. Historically requests had included the use of City facilities and equipment at no charge or at a reduced rate. Requests had also been received for assistance from City staff, including Police, Fire, and the Parks and Recreation Department, for setting up or working during an event without cost to the organizer. In addition, the City had supplied barricades for street closures. Vorel stated that it was proposed that applications for event sponsorship be submitted to the HOT Fund Committee for review. Applications would be submitted annually in accordance with the proposed sponsorship policy for special events. The HOT Fund Committee would review applications and make their recommendation to the City Council. Applicants might be required to present their request in person to the HOT Fund Committee at the Committee’s request. If the proposed process was selected, the charge of the HOT Fund Committee would have to be altered to reflect this new task. The proposed sponsorship policy for special events would allow "for-profit" groups to receive city sponsorship for a maximum of three years. Non-profit events would not be limited in the number of years they could receive sponsorship. Since presenting the draft plan to Council, staff had been made aware of a number of events that had expressed an interest in seeking sponsorship for events in 2012. Some of these events had paid for Police support in the past and they would be requesting to have those costs waived. There was a significant cost where police department personnel were paid directly for working special events. This cost could be a cost the City would have to absorb with this policy. Staff was recommending that Council approve sponsorship in 2012 for only the following events and at the same level of sponsorship they received in 2011: 35 Denton, Airfair, Arts and Jazz th Festival, Bluesfest, Cinco de Mayo, Dog Days, Holiday Lighting, Juneteenth, Kiwanis 4 of July, Komen Race for the Cure, and Storytelling Festival. These events had been supported by City of Denton City Council Minutes December 6, 2011 Page 5 the City in the past and the costs had been absorbed in the existing budget without budget increases. Overtime budgets were reduced in the 2010-2011 budget and several vacant positions remained frozen. If Council wished to support additional events, the costs incurred to support those events should be included in the appropriate department’s 2012-2013 budget. Council Member Roden mentioned there might be a large number of new applicants wanting City sponsorship. He asked if the HOT Fund Committee would make recommendations prior to next fiscal year’s budget and if they would have a bottom line amount to work with. Vorel stated that determining the amount for event sponsorship would all be part of the budget process. Discussion followed regarding determining the amount to designate for event sponsorship, looking at the economic impact of the different events, sensitivity to groups that were not together all year, massaging some of the policy language and keeping it neutral politically and religiously. General consensus of Council was to rewrite portions of the policy and bring it back to Council. 6. Receive a report, hold a discussion, and give staff direction regarding the status of a section of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project from the Kings Row Substation to the Denton North Interchange. Phil Williams, General Manager of DME, stated that Council had requested additional information concerning routes from Kings Row Substation to the Denton North Interchange. Staff had continued to meet with concerned citizens as requested. He stated that the Council had approved the route from the Spencer Road area to and including a new Kings Row Substation site. Williams stated that the existing route was the shortest distance of 10,100 feet but it was congested. It would have required removal of at least 17 homes. Total cost would have been $9.1 million. Option A was the route Council approved. It proceeded inside Loop 288 to Sherman then to Hercules. The distance was 11,700 feet. Total cost was $7 million. Option B Route proceeded inside Loop 288 past Sherman then crossed Loop 288 to Locust. The distance was 13,900 feet. Total Cost was $11 million. Option C Route crossed from Kings Row Substation to outside Loop 288 to Locust. The distance was 14,900 feet. Total cost was $11.1 million. In summary, Option A utilized the existing route as much as possible without displacing homeowners. Option B relocated the line further away from more homes. Option C relocated the line even further away from more homes and planned developments. He stated that they would post information about alternate routes on the website. Staff would discuss alternate routes with the Public Utilities Board on December 12. Staff was going to hold a neighborhood meeting at Asbury United Methodist Church on December 20 at 7 p.m. Based on the input from these meetings, staff would develop a recommendation and tentatively plan a public hearing during the January 10 City Council meeting. City of Denton City Council Minutes December 6, 2011 Page 6 Council Member Gregory asked what the distance was between the transmission line and the DISD buildings. He also asked what the approximate distance was between the houses that the City would be going behind and the transmission line. 7. Receive a report, hold a discussion, and give staff direction regarding the 1420 Committee and the IH35E construction project. Mark Nelson, Transportation Director, introduced John Polster with ITS, our consultant. Polster briefed the Council on the project. He stated that the configuration of the project included 2 managed lanes in both directions, 3 to 4 general purpose lanes, 2 to 3 lane frontage roads, and collector-distributor roads between President George Bush Turnpike and State Highway 121. The project was divided into 3 segments. The southern segment was from I-635 to President George Bush Turnpike. The middle segment was from President George Bush Turnpike to F.M. 2181. The northern segment was from F.M. 2181 to U.S. 380. Polster stated that the SB 1420 Committee would work to identify development options for the IH35E project, to include the possible use of a design-build contract, concession agreement or availability payment contract. There were four project delivery options. Design Bid Build was the typical TxDOT delivery method. TxDOT assumed all risks except construction and schedule risk. Design Build – design, construction and schedule risk was transferred to the private sector. Availability Payment – the private sector designed, built, financed, operated and maintained the project and received a payment from the public sector based on performance of the project. The Public sector retained demand risk. Revenue-Based Concession – private sector designed, built, financed, operated and maintained the project and collected the revenue from users of the project and assumed the demand risk. nd The SB 1420 Committee was created as part of legislation passed in the 82 Legislature providing authority to TxDOT to enter into a Comprehensive Development Agreement for certain projects. A committee was to be formed in which a private entity had a financial interest in the project’s performance. The committee would determine the distribution of the project’s financial risk, method of financing for the project, tolling structure and methodology, and report back to the TxDOT Executive Director. Membership on the SB 1420 committee ensured a voice in the development of IH35E. To be a member of the committee, the State requirement was that you had to have some type of financial commitment to the project. $250,000 was recommended for the Council’s consideration. The last two meetings of the SB 1420 Committee would be December 9 and December 19, 2011. Council Member Roden asked where the funds had been identified at in the budget. Bryan Langley, Chief Financial Officer, stated they had not, but that bonds would probably be issued. At this point in time, the City would just be making a commitment, not actually writing a check. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:54 p.m. City of Denton City Council Minutes December 6, 2011 Page 7 1.Closed Meeting: A. Deliberations regarding Real Property – Under Texas Government Code, Section 551.072; and Consultation with Attorney – Under Texas Government Code, Section 551.071. 1.Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential lease for the exploration and production of minerals of certain real property located in Denton, Texas, namely (i) South Lakes Park, located approximately at 501 Hobson; and (ii) Denia Park, located approximately at 1001 Parvin. Consultation with the City’s attorneys regarding legal issues associated with such potential lease of the above-described real property for mineral exploration and production, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any potential litigation. (Vorel) B. Consultation with Attorney – Under Texas Government Code Section 551.071 1.Receive a briefing from, consult with and provide direction to the City’s attorneys regarding the processes associated with real property acquisitions utilizing the power of eminent domain, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas and the City Council of the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2.Consult with City’s attorneys regarding legal issues associated with the timing, process, terms, consequences and strategies, relating to certain nonannexation agreements to be offered to owners of properties with agricultural exemptions, located within areas in the City’s ETJ previously designated and proposed for annexation in the City’s Annexation Plan as areas DH-7, DH-9 and DH-12. The Closed Meeting adjourned at 6:50 p.m. Regular Meeting of the City of Denton City Council at 7:00 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards City of Denton City Council Minutes December 6, 2011 Page 8 1.Police Appreciation Day Proclamation Mayor Burroughs presented the Police Appreciation Day Proclamation to Police Chief Lee Howell, and Community Officers Shane Kizer and Orlando Hinojosa. 2.Presentation of the Achievement of Excellence in Procurement Award for the City of Denton Christine Green, Purchasing Agent for the City of University Park, presented the Achievement of Excellence in Procurement Award to Mayor Burroughs, Elton Brock, Purchasing Manager, Karen Smith, Senior Buyer, Cindy Alonzo, Procurement Assistant, and Belinda Hawkins, Administrative Assistant. 3. CONSENT AGENDA Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the amended resolution for Item H. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", Council Member King "aye", Council Member Roden "aye", and Council Member Watts “aye”. Motion carried unanimously. Resolution No. R2011-044 A.Consider approval of a resolution adopting Ethical and Training Standards for Juvenile Case Managers employed by the City of Denton; providing for implementation of said standards; and providing for the periodic review to ensure implementation of the requisite standards, and providing an effective date. Resolution No. R2011-045 B.Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Approved the appointment below C.Consider and confirm the appointment by the City Manager of a new member to the Civil Service Commission. Ordinance No. 2011-236 D.Consider adoption of 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. The Parks, Recreation and Beautification Board recommends approval (7-0). Ordinance No. 2011-237 E.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of 3M Radio Frequency Identification System (RFID) to be utilized in the check-in and return of items to the City of Denton libraries. The requested materials are from only one City of Denton City Council Minutes December 6, 2011 Page 9 source and in accordance with Chapter 252.022 of the Texas Local Government Code and City of Denton Purchasing Policy Chapter 2, Section III. Such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4870–Radio Frequency Identification System for City of Denton Libraries awarded to 3M Library Systems in the amount of $243,723). Ordinance No. 2011-238 F.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a contract with Animal Hospital on Teasley Lane to perform veterinary services for the City of Denton Animal Services Division; providing for the expenditure of funds therefor; and providing an effective date (RFP 4726–Animal Services for the City of Denton awarded to Animal Hospital on Teasley Lane in the estimated annual amount of $150,000). Ordinance No. 2011-239 G.Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L180G Wheel Loader for the City of Denton Beneficial Reuse Department as awarded by the State of Texas (Contract TXMAS-7-23V010); providing for the expenditure of funds therefor; and providing an effective date (File 4854–Wheel Loader for Beneficial Reuse Department awarded to ROMCO Equipment Co. in the amount of $300,222.38). The Public Utilities Board recommends approval (7-0). Resolution No. R2011-046 H.Consider approval of a resolution formally accepting the donation of an Airport Rescue and Fire Fighting vehicle; and providing an effective date. The Council Airport Committee recommends approval (3–0). Ordinance No. 2011-240 I.Consider adoption of an ordinance authorizing the City Manager, or his designee, as Denton’s authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of Transportation (TxDOT) relating to a grant for preparation of a Master Plan for Airport Development at the Denton Municipal Airport; confirming agreement to pay a portion of the total project cost; (Estimated City of Denton contribution is approximately $37,500) and providing an effective date. The Council Airport Committee recommends approval (3-0). Ordinance No. 2011-241 J.Consider adoption of an ordinance approving and authorizing the concession to Fair 2000, Inc. to sell alcoholic beverages at designated locations during the 2012 Denton Air Fair, Inc. Air show events, upon certain conditions; and providing an effective date. The Council Airport Committee recommends approval (3-0). Ordinance No. 2011-242 K.Consider adoption of an ordinance authorizing the City Manager to approve a collateral Transfer of Lease Agreement between the City of Denton and Nebrig Properties, LP to PointBank; and providing an effective date. The Council Airport Committee recommends approval (3-0). City of Denton City Council Minutes December 6, 2011 Page 10 Ordinance No. 2011-243 L.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the Routine Airport Maintenance Program; authorizing the City Manager to expend funds provided for in the grant program; (Estimated City of Denton contribution is $50,000) and declaring an effective date (TXDOT Project No.: AM 2012DNTON and TXDOT CSJ No.: M218DNTON). The Airport Advisory Board recommends approval (7-0). Approved the minutes listed below. M.Consider approval of the minutes of: November 1, 2011 November 7, 2011 November 15. 2011 Resolution No. R2011-047 N.Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a representative to the IH35E Project Stakeholder Committee (SB 1420); affirmation of financial commitment of the City of Denton, Texas to the IH35E Project in the amount of $250,000; and providing an effective date. Ordinance No. 2011-244 O.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving interim signage for the “Share the Road” program envisioned by the Vulnerable Road User Ordinance; and providing for an effective date. The Traffic Safety Commission recommends approval (7-0). The Mobility Committee recommends approval (3-0). 4. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2011-245 A. Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Labinal, Inc., setting forth the various conditions precedent to Labinal, Inc. receiving the program grant; providing for a severability clause; and providing an effective date. Linda Ratliff, Director of Economic Development, stated that Labinal was currently located in Corinth and employed more than 700 employees. The company was looking for a larger facility to expand their operations and was currently in lease negotiations with the owners of a building on Loop 288. The company had been offered other options for their location in other cities. Due to the increased traffic that this relocation would generate, Labinal would be required to improve a section of Russell Newman Boulevard and they had asked for an incentive to help offset those costs. Those improvements would run approximately $370,000. Labinal would invest more than $5,000,000 in this site – in the renovation of the building, in the construction of the road, and the City of Denton City Council Minutes December 6, 2011 Page 11 building of parking lots to accommodate their employees. They would also bring a little more than $5,000,000 in business personal property to Denton. The Economic Development Partnership Board reviewed their request and recommended an incentive that followed policy guidelines. They recommended a three-year grant equal to 50% of the increase in property tax revenue over the existing revenue being generated at that site. It was estimated that the increase would range from $7 million to $9.5 million which would result in an incentive that would be from $72,400 to $100,350 over the three-year term of the agreement. If approved, Labinal would begin the necessary improvements after the first of the year, with a Spring/Summer 2012 opening. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", Council Member King "aye", Council Member Roden "aye", and Council Member Watts “aye”. Motion carried unanimously. Resolution No. R2011-048 B. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a member to the Board of Directors of the Denton County Transportation Authority; appointing a First Alternate to the Board of Directors of the Denton County Transportation Authority; providing a repealer; and providing an effective date. Mark Nelson, Director of Transportation, stated that Richard Moore had indicated that he would no longer be able to serve as the City of Denton’s representative on the DCTA Board of Directors due to business and personal issues. The Mobility Committee had recommended Richard Huckaby as the City’s representative and Guy McElroy as the First Alternate representativeto the Board. Mayor Pro Tem Kamp motioned, Council Member King seconded to appoint Richard Huckaby as Denton’s representative to the DCTA Board of Directors and Guy McElroy as First Alternate. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", Council Member King "aye", Council Member Roden "aye", and Council Member Watts “aye”. Motion carried unanimously. 5.PUBLIC HEARINGS Ordinance No. 2011-246 A.Hold a public hearing and consider an ordinance of the City of Denton, Texas, providing for an initial zoning district classification and use designation of Rural Commercial (RC), with an overlay district, on approximately 37 acres of land located within the Milam Creek Ranch Subdivision, east of I-35, on the south side of Milam Road and on the east and west sides of Milam Ridge Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z11-0007, Milam Creek Ranch). The Planning and Zoning Commission recommends approval (7-0). Mark Cunningham, Director of Planning and Development, stated that this was a staff initiated re-zoning for properties that were recently annexed into the city, known as the Milam Creek City of Denton City Council Minutes December 6, 2011 Page 12 Ranch Addition. This subdivision was approved by the Planning and Zoning Commission in 1996. A portion of the subdivision was annexed in 2010 and the remaining portion qualified for non-annexation agreements. Newly annexed land was not zoned; however it was subject to the Rural Residential 5 (RD-5) zoning district. Staff was recommending an initial zoning of Rural Commercial (RC) with an overlay district. The proposed Rural Commercial (RC) zoning district would ensure that the farming, forest, environmental and scenic values of the area were protected from incompatible development that might result in a degradation of their values. The purpose of the proposal was to bring these properties into compliance with the Denton Development Code. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member King motioned, Council Member Watts to adopt the ordinance. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", Council Member King "aye", Council Member Roden "aye", and Council Member Watts “aye”. Motion carried unanimously. B.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres. The subject property is generally located south of McKinney Street, approximately 900 feet west of Trinity Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date.(S11-0002, Lake Dallas Storage) The Planning and Zoning Commission recommends approval (3-2). Mark Cunningham, Director of Planning and Development, stated that the applicant (on behalf of Atmos Energy Corporation) was requesting approval of a Specific Use Permit to allow for the drilling and extraction of natural gas from an underground storage formation on the site. The storage formation was only used to store natural gas. The storage formation was not intended to produce natural gas, nor was there any fracking done to this type of development. The subject property had existing subsurface development that was currently being used by Atmos Energy Corporation for the storage of natural gas. Atmos currently operated an existing eight storage gas wells and a gas collection and processing facility on the adjacent property to the west of the subject site. The eight existing storage wells were used to inject natural gas to existing underground reservoirs that were located below the adjacent property and the subject property. Council raised questions about what the structure on the property was being used for. The property owner had indicated that the structure was a leased residential structure. If it was a residential structure, the well site would have to be outside the 1000 foot setback requirement. Also as far as staff knew, there was no water supply to the structure. City of Denton City Council Minutes December 6, 2011 Page 13 Council also discussed the mineral rights. Atmos owned the mineral rights. All surface rights had been negotiated with the property owner. Without the SUP, the surface rights would not be beneficial. Council also discussed if the property adjacent was City property and a lease was involved and whether the City would benefit financially from this SUP. Council raised concerns about protecting the water table when the first 1,000 feet was drilled. The Mayor opened the public hearing. John Manganilla, representative from Atmos Energy, spoke in support of the SUP. Council Member Gregory motioned, Council Member Roden seconded to continue the public hearing to December 13, 2011. On roll call vote, Mayor Burroughs "aye", Council Member Engelbrecht "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", Council Member King "aye", Council Member Roden "aye", and Council Member Watts “aye”. Motion carried unanimously. 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. Council Member Watts requested the status on the negotiation team that the Council had approved to put together to discuss with UNT the issue regarding the utility payments, if they had started meeting, get an update and who was on the negotiation team for the City. Council Member Watts requested an informal staff report regarding the sponsorship policy for DME as it compared to other City departments. Council Member Gregory confirmed that any Council Members with questions regarding the continuation of the item on the SUP could forward them to the City Manager. City of Denton City Council Minutes December 6, 2011 Page 14 Council Member Roden requested an informal staff report with details on all gas production development storage processing sites that existed on City property, where they were, how long they had been there, and what financial interest if any the City had. 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 9:06 p.m. ____________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JANE RICHARDSON ASST. CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 12, 2011 After determining in Special Called Open Session that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Closed Session on Monday, December 12, 2011 at 2:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council Member Roden, Council Member King, Mayor Pro Tem Kamp and Mayor Burroughs. ABSENT: None. Mayor Burroughs called the meeting to order in Open Session and announced that Council would be convening in a Closed Session to consider the following: 1. Closed Session A.Deliberation regarding personnel matters – Under Texas Government Code Section 551.074. 1.Deliberate and discuss the evaluation, duties, discipline, and contracts of the City Attorney, Municipal Court Judge, and City Manager. Following the completion of the Closed Session, the Council reconvened into Open Session. With no further business, the meeting was adjourned. _________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES December 13, 2011 After determining in Special Called Open Session that a quorum was present, the City Council of the City of Denton, Texas convened in a Special Called Closed Session on Tuesday, December 13, 2011 at 10:30 a.m. in the City Hall Conference Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Roden and Mayor Burroughs ABSENT: None 1. Closed Session A. Deliberation regarding personnel matters - Under Texas Government Code Section 551.074. 1. Deliberate and discuss the evaluation, duties, discipline, and contracts of the City Attorney, Municipal Court Judge, and City Manager. Joint Meeting of the City of Denton City Council and the Texas Woman's University Board of Directors on Tuesday, December 13, 2011 at 11:30 a.m. in the City Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the first posted item was considered. 1. Hold a discussion regarding City of Denton and Texas Woman's University's plans, goals and visions concerning growth and expansion trends and how such may impact the community; further hold a discussion as to how each entity may assist the other and enhance a mutually beneficial relationship. Mayor Burroughs welcomed the members of the TWU President’s Cabinet. Dr. Ann Stuart, President-TWU, thanked the Mayor for the opportunity to meet together. She introduced the members of the Cabinet. Mayor Burroughs stated that suggested topics of discussion might include growth in the City and growth in the TWU corridor. He asked what kind of meaningful interactions would help TWU and the City. Dr. Stuart stated the opportunity to work together in areas of real discussions such as traffic patterns, roads in and out of the institution, and approvals needed from the City for development was an exciting concept. The University did not do a month by month strategic plan of facilities but had ideas of where they were going to develop and what their needs would be. She felt two or three City staff members meeting with her staff would be ideal. She also felt a serious conversation on job growth would be a wonderful topic. She suggested finding centers of interest and invite UNT, TWU, NCTC, and the City for a joint conversation. Her hope for the future would be to have working groups of interest to everyone. Mayor Burroughs stated that with the growth of the University there was the potential for more student housing or University owned hosing. The City had competing interests in that area that might be neighborhood related or city related and it would be best to have conversations on those City of Denton City Council Minutes December 13, 2011 Page 2 types of issues in order to come to a common ground as much as possible. He felt identifying a working group would be a good idea. Dr. Stuart suggested finding the appropriate senior leadership and maybe met twice a year to touch base with such topics as housing, enrollment with associated traffic patterns and services needed. Mayor Burroughs suggested the semi-annual meeting might also include growth issues. Dr. Stuart suggested including job development and labor force issues. The three institutions knew the number of degrees they were producing and the types of degrees and the City knew what development was happening in the City that might help provide jobs for those individuals. Mayor Burroughs stated that there might be potential development on projects that students in that type of degree plan might want to do an internship with the City to help with those specific topics. He stated that the City could look for opportunities for joint partnerships and have a mind set to look for those opportunities. The point person would be the City Manager. City Manager Campbell felt that there would be opportunities to do joint partnerships. He agreed that it would be beneficial to make an effort on some level to meet on a regular basis to discuss projects the City was undertaking that might have an impact on the universities. An example of that might be the new A-train schedule and new bike plans that might be affect the universities. Mayor Burroughs stated that depending on the topics there might be changing members for the meeting. The meeting did not need to be a specific set of individuals or the entire Council. Mayor Pro Tem Kamp stated that another area of interest might be COG opportunities that came to the region that could be developed through COG such as the aviation program at UNT. Such a consideration at TWU might be medical programs. Council Member Roden asked about the number of students who stayed in Denton after graduation and the major industries they were going into. Dr. Stuart stated that the majority of the students came from the north Texas area and the majority stayed in the north Texas area. Council Member Roden stated that the job growth issue might include the Chamber of Chamber to find additional opportunities. Dr. Stuart stated that faculties often provided data; research or background that some industry might want to know about and produce an opportunity for study to be done or work that would help both the student and the business. Dr. Robert Neely suggested including experts with both universities when making meetings. He also felt that UNT and TWU should think of Denton in terms of combined higher education institutions rather than as separate institutions. City of Denton City Council Minutes December 13, 2011 Page 3 Mayor Burroughs suggested looking at case studies to identify partners for active engagement with the Chamber. The Chamber might be helpful with placement of students in the community. Council Member Gregory questioned what percentage of facility lived in Denton and were there things that the City or Chamber could do to help when recruiting faculty. If TWU was losing faculty because of Denton, what were those issues so the City could work on them. Dr. Stuart stated that universities usually did not lose faculty because of the place. They were lost because there might not be enough professional opportunities or money. She stated that a number of the faculty lived in the Denton community. Council Member Gregory asked what was going to be done with property where the old school had been located. Dr. Brenda Floyd stated that in the long term future, it might be considered for sale. It was difficult property to access to add housing or a classroom building but for moment, TWU was going to retain it. Dr. Stuart stated that part of the property was a flood plain which also was an issue. To get across Highway 380 to make it useful was almost impossible. Council Member Watts stated that over the past last several years he had observed the housing needs for TWU students went outside TWU. The University leased apartment buildings or used existing housing stock. Dr. Nicholas stated that the University had gone off campus for overflow housing for upper classmen at this point. Part of the long term growth plan was housing. Currently TWU housing was full and probably would stay full. They regularly were approached by developers to measure the market share. If the University continued in growth, housing would become a larger issue. Mayor Burroughs asked about the University’s long term growth plan. Dr. Stuart replied that it depended on who was responding. The Coordinating Board set its own goals. They might project growth in students and parcel that out among the institutions which often were not possible. Dr. Neely stated that there was a revolution going on in higher education such as distance education and market share that might take from institutions or blended programs. There was not another university in Texas that had 40% graduate students as TWU did because TWU had so many professional programs. Those students would not be living on campus. The University had to be careful on how much student housing it developed. Mayor Burroughs asked that if TWU had an issue to let the City know and they would work on it and the same for the City to the University. He felt bi-annual meetings would be good. City of Denton City Council Minutes December 13, 2011 Page 4 Dr. Stuart suggested having a purpose for meeting. She felt there was a need to find groups that made sense and then could report back to the Cabinet and Regents. She felt this kind of dialog was needed and that the two institutions not be isolated from each other. City Manger Campbell stated that he would start coordinating who should attend the meetings and topics to consider. Mayor Burroughs suggested vetting the topics through the all entities so they could prioritize them. City Manager Campbell stated that the first meeting would involve determining who should attend and would provide large opportunities for sharing information with each other. nd Following the completion of the meeting with TWU 12:45 p.m., the Council convened in a 2 Tuesday Session. 2.Receive an update, hold a discussion, and give staff direction concerning the Phase II Sustainability Plan. Amelia Pellegrin and Glennis Nelson with Camp, Dresser, and McKee provided an update about the process and an overview of the draft plan. Ms. Pellegrin stated that her presentation would include a project summary and progress update; public outreach and involvement; draft plan overview; input and comments received; and next steps. The purpose of Phase II was to develop a sustainability plan for the city government and community, facilitate implementation of the plan through partnership development and public involvement; create an implementation tracking tool and communication tool for measuring and reporting progress. Public outreach to date included interdepartmental team meetings, community meetings with 80 attendees; a community survey with 199 responses; 4 workshops with sustainability partners; and 3 briefings with the Committee on the Environment. From the community input, staff learned that there was substantial community interest and support for sustainability initiatives, Denton's successes to date were significant, but not well known, and there was a lot of interest in existing programs and initiatives. Pellegrin reviewed the plan organization and hierarchy. Goals were developed from the focus areas which lead to strategies and actions. From that input they were able to prioritize the strategies from almost 400 to 58 with 30 in the plan and 10 additional for future consideration. Strategies and actions were being vetted with various City departments and partners. The actions needed to be feasible and achievable. Factors in the Plan implementation included (1) it would be on going, (2) measuring and communicating progress would be very important to the success of the plan, (3) the Plan would City of Denton City Council Minutes December 13, 2011 Page 5 be evaluated and updated on a regular basis, (4) strategies and actions might shift given different priorities, funding changes, staff changes, etc, and (5) the priorities list of strategies provided a menu for future consideration. Partners input in draft plan provided information on successes to date, suggested incorporating more emphasis on education and stressed the importance of budgeting and City commitment to the Plan. The Committee on the Environment suggested coordination with Comprehensive Plan update, the Plan should be reviewed and updated on an annual basis, emphasized importance of tracking successes and achievements and recommended full Council review and regroup in January. Mayor Pro Tem Kamp asked about citizen participation. Ms. Nelson stated that the participation was 90-100 % which was excellent. Ms. Pellegrin reviewed the next steps and timeline. Council Member Roden stated that there was a need to partner with UNT as they had the number one sustainability department in the area. Catherine Barnett-White stated that some of the community partners included UNT, the League of Women Voters, the Chamber, DCTA, Atmos, DISD and other community members. 3.Receive a report, hold a discussion, and give staff direction regarding amending Section 35.7.14 of the Denton Development Code relative to standards governing the City's Infill Development Special Purpose District. Mark Cunningham, Director of Planning and Development, presented the boundaries of the Infill Special Purpose District (ISPD). The ISPD was created on May 1, 2007 and included the DTIP area, Fry Street, Bell Avenue Conservation District, West Oak Historic District and the Oak- Hickory Historic District. ISPD restrictions provided incentives for infill development via less stringent zoning and development standards on parcels of land that remained undeveloped. The provisions did not apply to parcels greater than 2 acres, an area that was replatted into less than 2-acre lots after the effective date of the ordinance or areas that were within any other Special Purpose or Overlay district. The provisions also could not be used to infill an entire street or whole block face; and could not be used to infill an entire neighborhood. Council Member Gregory questioned if a property had a structure on it at one time and it had been removed for a time, would that lot be considered developed. Cunningham stated that the lot had to never be developed. The reason was to safeguard existing development from being torn down and then not be subject to the landscaping requirements, etc. The ISPD incentives included (1) the Planning Director could grant adjustments up to 25% from the requirements of Subchapter 5 of the Denton Development Code for height, setback, and lot City of Denton City Council Minutes December 13, 2011 Page 6 coverage within certain districts; (2) adjustments above 25% could be granted by the Planning and Zoning Commission and the City Council; (3) the development would be exempt from Subchapter 35.13.7.C Street Tree requirements, provided that at the time of permitting, street trees were not present on a majority of the developed lots; (4) the development would be exempt from Subchapter 35.13.10.C.3 Landscaping Standards; (5) would be exempt for sidewalk construction along the non-collector and non-arterial street; (6) would allow tandem parking; (7) would allow parking in front of the buildings; and (8) would allow zero-lot-line development. Because the current regulations only applied to parcels of land that had remained undeveloped, blighted, underdeveloped or economically underperforming developed lots within the ISPD did not qualify for the incentives. Staff was recommending that the provisions of the ISPD be made applicable to all lots within the district providing they met the existing criteria of (1) the subject parcels may not be greater than 2 acres, (2) the proposed area had not been replatted into less than 2 acres after the effective date of the adoption of the ordinance, (3) the proposed area was fully within the boundaries of the ISPD, and (4) the proposed area did not fall within any other Special Purpose or Overlay District. Staff was also recommending that 35.7.14 be reviewed for possible amendments that would encourage development/redevelopment within the ISPD, while not departing from the initial spirit and intent of the Code. Council Member Watts questioned if a lot had a structure that had been removed for quite a while, would the new incentives apply to that lot. Cunningham stated that the area could be redeveloped. Council Member Roden stated that the incentives might create a scenario that would encourage the removal of historical significant housing and questioned if there was a tool to use to prevent that scenario. Cunningham stated that small area plans could be done with criteria in order to use the infill provisions. Council Member Roden suggested that the Historic Landmark Commission look at any structures that were 50 years old or older to determine whether or not to preserve the structure. Council Member Engelbrecht stated that some past infill was not compatible with the existing neighborhood and felt that compatibility was a major element in the plan. He felt there was a need to ensure some measure of architecture compatibility. Cunningham stated that one tool was the requirement of a site plan which would allow for review to make ensure compatibility with neighborhoods. Council Member Watts stated that the ISPD was primarily developed to encourage development on vacant lots and it hadn’t really worked. He was not sure that just changing the regulations from never developed to developed would work. He suggested keeping different regulations for never developed from redeveloped. It was great to encourage redevelopment but the provisions were crafted for a specific intent. City of Denton City Council Minutes December 13, 2011 Page 7 Cunningham stated that if the goal was to allow for redevelopment there was a need to write the code to achieve the goal while still having preservation of the neighborhoods. nd Following the completion of the 2 Tuesday Session, the Council convened into Closed Session at 1:47 p.m. to consider the following: B. Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; and Consultation with Attorney - Under Texas Government Code, Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential acquisition of real property interests located in Denton County, Texas, out of the John Davis Survey, Abstract Number 326, the Thomas Toby Survey, Abstract Number 1285, the James Perry Survey, Abstract Number 1040, the John Scott Survey, Abstract Number 1222, the John Bacon Survey, Abstract Number 1541, the E. Puchalski Survey, Abstract Number 996, and the F.P. Johnson, C.R. Green, J.F. Myers, and H.F. Brummett Surveys, Abstract Number 1699 and generally located north, east and west of the City of Denton Airport, related to the construction of a combined heat and power (CHP) plant. Consultation with the City's attorneys regarding legal issues associated with such potential real property interest acquisition and the operation of the CHP and infrastructure related thereto, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. C. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; and Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Receive a further presentation from Denton Municipal Electric staff regarding a public power competitive and financial matter regarding the planning and construction of the proposed Denton natural gas pipeline related to the construction of the combined heat and power (CHP) plant. Discuss, deliberate and provide Staff with direction. D. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Receive a briefing from and consult with the city's attorneys regarding Item 3 on the Special Called Session Agenda of December 13, 2011 regarding a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on City of Denton City Council Minutes December 13, 2011 Page 8 property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres located generally south of McKinney Street, approximately 900 feet west of Trinity Road. Following the completion of the Closed Session at 3:10 p.m., the Council convened in a Special Called Session to consider the following: Ordinance No. 2011-247 1. Consider adoption of an ordinance awarding a Professional Services Agreement for the professional services and engineering design of the proposed Denton natural gas pipeline; providing for the expenditure of funds therefore; and providing an effective date (RFQ 4693 - Request for Qualifications for Professional Services and Engineering Design of the Proposed Denton Natural Gas Pipeline awarded to Teague Nall & Perkins in the amount of $489,800 for engineering/design services and construction administration). Mike Grim, Denton Municipal Electric, stated that the recommendation from the Public Utility Board was for the engineering design and miscellaneous fees for $314,800 and delay the $175,000 administrative portion until needed. Council Member Gregory motioned, Council Member Engelbrecht seconded to adopt the ordinance with the Public Utility Board recommendation on funding. On roll call vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried unanimously. Council Member King left the meeting. Ordinance No. 2011-248 2. Consider adoption of an ordinance authorizing the City Manager to approve a First Amendment to an Airport Safety Equipment Lease dated October 4, 2011 between the City of Denton, Texas and Jet Works Air Center; and providing an effective date. Mark Nelson, Director of Transportation, stated that this was a continuation of an existing lease agreement for equipment at the Airport. Council Member Engelbrecht motioned, Council Member Watts seconded to adopt the ordinance. On roll call vote Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, Mayor Pro Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried unanimously. 3. Continue a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres. The subject property is generally located south of McKinney Street, City of Denton City Council Minutes December 13, 2011 Page 9 approximately 900 feet west of Trinity Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S11- 0002, Lake Dallas Storage) The Planning and Zoning Commission recommends approval (3-2). Mark Cunningham, Director of Planning and Development, stated that this was a continuance of a case from the last regular scheduled meeting. The applicant was requesting a subsurface storage well on the site. The property was zoned Neighborhood Residential-4 with a Specific Use Permit required. At the last public hearing questions were raised about what the structure was being used for on the property. At the time of preparing the staff report, staff could not nd determine what it was being used for. At the November 2 Planning and Zoning Commission meeting, the property owner indicated that the structure was a leased residential structure. Staff had asked the property owner for information on site but to date had received no response. The structure did not receive DME services. Staff was at a loss for a definitive use of the property. th On November 11, people were seen moving into the building. If this was a residential structure, the well site would have to be outside the 1000 foot setback requirement. Because all of the information was not known when the staff report was written and the fact that staff understood that it was not a residential structure, staff had recommended approval. To date, staff was not 100% certain of what the structure was being used for based on a lack of information. Council Member Roden stated that the Planning and Zoning Commission minutes stated that two people spoke in opposition. He questioned the status of what had to be done get into a supermajority equation. City Attorney Burgess stated that there was no supermajority vote as the provisions of a written protest from the property owners had not been met. Council Member King returned to the meeting. Council Member Roden questioned that if the property owner completed a Speaker Card in opposition and signed it, would that be put into the equation. City Attorney Burgess stated that it would be counted if it was properly submitted. The Mayor reopened the public hearing. John Manganilla, representing Atmos, stated that he would address any questions from the last meeting. Mayor Burroughs questioned if the structure on the property was residential. Manganilla stated that according to the property owner, the structure was a leased house with a pasture, including vehicles on the property. The property owner had approached the contractor and asked to include the structure with a service tap off their water line to provide water service to the house as the well had gone dry 5-6 months ago and there was no water to the facility. City of Denton City Council Minutes December 13, 2011 Page 10 Council Member Watts asked if another location on site would work for Atmos as far as the surface location that would be outside the 1000 foot setback. Manganilla stated that the engineering study had determined the best location for the well. They did have some flexibility with the property owner and had asked him to pick a location of the well. The property owner had indicated that the whole property would not work. Atmos could move to a different location but that would involve a timing issue if they had to go back through the Planning and Zoning Commission process. Council Member Gregory stated that he was passionate about the setback requirements and would have trouble voting for the SUP if the structure were a residence. His only problem with the request at this time was the setback requirement. By pressing for a vote today, the project could potentially be slowed down for a year. He asked if the project could be delayed for another few weeks to determine if another location was possible. Manganilla asked what would have to be done if the well were relocated aside from going back to the Planning and Zoning Commission with two more public hearings and a new gas well plat. Cunningham stated that an argument could be made that relocating the well could be a modification of the existing application. However, it could also be argued that if the application was modified too much then what the Planning and Zoning Commission ruled on would not be reflected on a modified ordinance. The Planning and Zoning Commission had acted on a site plan if so that plan was modified would the actions of the Commission still be relevant. Mayor Burroughs stated that if the request was denied outright, Atmos would have to wait a year to come back with a new proposal. Other alternatives included asking for a waiver from the owner of the property, going to the Zoning Board of Adjustment to ask for a variance, or moving the well. Manganilla stated that those options could be considered. Council Member Watts asked if Atmos was aware of the 1000 foot setback requirement and of the two options regarding the surface owner approval and the variance from the Zoning Board of Adjustment. Manganilla stated that he was not aware of those. He felt that the setback requirement was not an issue when the project was first started and that the issue of the residential structure came into play after the initial Planning and Zoning Commission meeting. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member King seconded to continue the item to the January 10, 2012 Council meeting. On roll call vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “nay”, Council Member Roden “aye”, Mayor Pro Tem Kamp “aye” and Mayor Burroughs “aye”. Motion carried with a 6-1 vote. City of Denton City Council Minutes December 13, 2011 Page 11 4. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Council returned to the Closed Session at 3:40 p.m. to consider the following: A. Deliberation regarding personnel matters - Under Texas Government Code Section 551.074. 1. Deliberate and discuss the evaluation, duties, discipline, and contracts of the City Attorney, Municipal Court Judge, and City Manager. Following the Closed Session discussion, the Council returned to Open Session and with no further business, the meeting was adjourned. _____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 10, 2012 After determining that a quorum was present, the City Council of the City of Denton, Texas . convened in a Work Session on Tuesday, January 10, 2012 at 2:30 p.m in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Council Member Roden and Mayor Burroughs ABSENT: Mayor Pro Tem Kamp and Council Member King. 1. Citizen Comments on Consent Agenda Items There were no comments from citizens on this item. 2. Requests for clarification of agenda items listed on the agenda for January 10, 2012. Council Member Watts indicated that he would be pulling Consent Agenda Item A for separate consideration and a presentation during the regular meeting. Mayor Burroughs asked about Consent Agenda Items 4E and 4F. Those items were acquisitions on the Buy Board and asked about the process for using the Buy Board. He questioned if there were other bidders that were listed on the Buy Board for the same product and if there was a local bidder on the Buy Board, could the city take advantage of that. Council Member King arrived at the meeting. Elton Brock, Purchasing Manager, stated that staff looked at all of those opportunities to use local bidders, not only on the Buy Board but in other areas as well. The Buy Board was a competitive public process and those bids were received and publically awarded. Mayor Burroughs asked if Darr Equipment had a Denton location. Brock replied that Darr did not have a Denton location. Some volumes of vehicle purchases were too large for local bidders. Council Member Gregory asked if the city would be reimbursed for the transmission line. Phil Williams, General Manager-DME, stated that whoever owned the line would be reimbursed for the transportation cost of service. Mayor Burroughs asked about Consent Agenda Item M regarding the rejection of bids for the substation fence. He questioned if the issue was the criteria for the request for proposal that needed to be modified to make a change in the difference among the bids or just to put more weight on evaluation criteria. City Manager Campbell stated that price as well as other items was considered for the bid. The rating on the process was very close. In re-evaluating the bid, both staff and he, because of time City of Denton City Council Minutes January 10, 2012 Page 2 constraints coming to Council, decided it would be best to complete the substation first and then do the wall. 3. Receive a report, hold a discussion, and give staff direction regarding Naming Policy Guidelines for City Buildings, Facilities, and Land. Fred Greene, Assistant City Manager, stated that there was no city-wide policy available that specifically addressed citizen requests to name or rename a city building, facility, land or portions thereof. The Library had a policy that was approved by the Denton Public Library Board but had not been approved by Council. Parks and Recreation had a policy approved by Council but it was for the naming of parks and park facilities and not other city buildings. There were three aspects to consider with the proposed policy: (1) it gave Council total authority over the naming and removed it from any other board, (2) it provided for citizen input into naming as well as the affected board and, (3) gave the maximum flexibility that might be required. Council could waive any or all portions of the policy as needed. Eva Poole, Director of Libraries, presented information on the proposed naming policy guidelines and procedures in terms of naming after an individual; naming as part of a fundraising campaign or donation; purchasing plaques, markers or memorials; and the renaming of existing buildings, facilities, land or portion thereof. Naming after an individual – the policy proposed that (1) the individual be deceased at least 5 years, (2) be a resident of Denton for 15 years or more, (3) must not have been convicted of a felony or Class A or B misdemeanor, (4) must have made exceptional contributions to either the city, State or United States, (5) represented a lasting legacy to the mission of the city, (6) died in the line of duty serving the city, (7) or died performing a heroic act. Naming as part of fundraising campaign or donation – the policy proposed (1) must be part of a public fundraising campaign or donation, (2) could be accepted at any point during construction, and (3) a funding agreement must be in place prior to the start of construction. She reviewed the cost of naming rights in terms of total cost of a city building, facility, land or portion thereof and the naming cost. Plaques, markers and memorials – the policy proposed that plaques, markers and memorials would meet design and maintenance requirements. The total cost would include five years of maintenance costs. Renaming an existing city building, facility, land or portion thereof – the policy proposed that typically buildings, facilities, land or portions thereof would not be renamed. However, Council could elect to rename a city building or could elect to remove an individual's name. Mayor Burroughs asked if the intent was that a building with a generic name could be renamed after someone. Poole stated that in order to respect the historical tradition and community values which previous generations bestowed on these resources, city buildings, facilities and land typically would not be renamed. Even if a building had a name such as a geographical location, it would not be City of Denton City Council Minutes January 10, 2012 Page 3 renamed. The name “Civic Center” would not be renamed or “North Branch Library” would not be changed. However, Council could decide to change those types of building names. Procedures for naming – the policy proposed that a nomination form would be submitted to the City Manager, it would then go to Council. Council would appoint a seven member ad hoc naming committee that included two members of the appropriate advisory board for a recommendation. The recommendation would then go back to Council for the approval. Council Member Roden asked if the ad hoc committee applied to only the first of the three types of categories for naming or did it also apply to the donation category. Poole stated that it applied in every instance. Council Member Roden felt that having the name based on a donation was different than the other three categories. Poole stated that Council could determine whether to convene the ad hoc committee. Council Member Roden asked whether donors for naming rights would have to pass the “good moral character” test. Pool stated it was just for the person being nominated. City Manager Campbell stated that the provisions would also apply to naming after a living person. If that person did not meet the criteria, the name could be removed without an obligation to refund the donation money. Council Member Roden questioned the five year deceased policy. Poole stated that the committee felt that was an adequate time for vetting the name. Council Member Gregory asked if there had been any discussion regarding the naming of neighborhoods. Poole stated that the committee had not considered that aspect. Council Member Gregory stated that as the committee reworked the policy, some consideration might be given regarding the naming of neighborhoods that were clearly identified. He suggested more detail in the criteria for renaming the name as it could be for an individual or corporation. He also felt that there was some confusion in Section 3 regarding residency for 15 years at the time of the naming. Another concern he had was with the cost of naming for donations. Mayor Burroughs suggested narrowing the scope such as whether the project could have taken place with or without that donation. City of Denton City Council Minutes January 10, 2012 Page 4 Council Member Engelbrecht suggested that the naming of neighborhoods be discussed very carefully as all subdivisions had names which were on legal documents. Those legal documents might be used for the naming of neighborhoods. He noticed that streets were not specifically mentioned. Greene stated that it was considered but as streets already had names; it would be difficult to change a street name. Poole stated that the first page of the policy indicated that the guidelines did not address the naming of streets, fire and police stations or council initiated naming. Council Member Engelbrecht questioned why streets were not included. Poole stated it was for safety reasons. Greene stated that it would be hard on the Post Office and 911 to change street names. The developer of the subdivision usually named the streets. Council Member Watts stated that a developer did the name of a new street. He stated that if there were different criteria for other naming opportunities, they needed to be placed under those areas. He felt that there was delineation between city land which did not yet exist and current facilities. Most of the naming or renaming had been for existing buildings, facilities or land and the proposed policy discouraged renaming of existing facilities due to historical reasons. He questioned if this was a major departure from that and the intent of the proposed policy was to make it more difficult to rename existing facilities and the naming should be for facilities not yet in existence. Poole stated that the renaming of existing buildings was difficult for the community due to historical intent. It was easier to name a building with no history associated with it. Council Member Watts suggested different criteria be considered for donations. He felt that the genesis of the policy was for the future to rely upon as well as the community. There was also the aspect that the Council could do what it wanted to do as a three fourths vote could waive the application of the guidelines. He suggested a mechanism whereby a waiver was presented. City Manager Campbell stated that the intent of having a proposed naming going to Council first was to allow for a determination if Council wanted to proceed with the naming of the building. If yes, then it would meet the general criteria, how much money was needed and that information would be presented to the committee. If Council chose after its first consideration, that the naming was appropriate and did not want to do the longer process of going through a committee, it would have that flexibility. Council Member Gregory suggested that a statement might be included in the renaming section to discourage the renaming of a facility when it facility was already named after someone but a more generic current name might be open for renaming. He indicated that the policy did not include bridges. City of Denton City Council Minutes January 10, 2012 Page 5 Poole stated that those were considered structures. Council Member Gregory suggested including bridges. Council Member Roden asked for a list of generic buildings and reasons from staff on why not to rename those buildings. He suggested a third way of renaming an already named building was to include the generic title with the new name. 4. Receive a report, hold a discussion, and give staff direction regarding amendments to the City of Denton smoking ordinance (86-069 as amended by 93-193). Lindsey Baker, Assistant to the City Manager, presented information on the proposed ordinance. She stated that in 2011, there had been a number of citizens advocating for a smoke free Denton. The first step was to determine if Council desired to update the current smoking ordinance. She would be providing background on the current smoking ordinance. If directed to proceed, staff would determine which elements should or should not be included in an updated ordinance and how to directly engage the public. Issues in favor of an updated ordinance included health issues, environmental quality, allergies, and an increase in business from non-smoking patrons. Issues against an updated ordinance included private property rights; market-oriented regulations; health studies were misleading regarding second-hand smoke or were flawed; and reduced business. Figures on how common were smoking bans were presented in terms of world-wide, nationwide, and statewide. There was also the debate on whether to have a statewide ban rather than individual city bans. Figures were also presented for the North Texas area and Denton County. Economic Impact – The city of El Paso indicated that there was no statistically significant change in sales for restaurants and drinking establishments after instituting their ban. The city of Dallas indicated that there was a statistically insignificant decrease in overall sales for eating and drinking establishments. There was a decrease in mixed beverage sales for full-service restaurants. The city of Houston stated that there was little to no adverse economic impact related to mixed beverage sales in any studied group. There was little to no adverse economic impact in overall sales and no causal relationship between the smoking ordinance and restaurant or mixed beverage sales based on a longer term study in 2009. The bottom line based on empirical data was that smoking ordinances did not indicate statistically significant outcomes for the restaurant sector in the long term. If Council wanted to move forward to amend the ordinance, staff was recommending some level of public engagement. Suggestions would be to use the Mind Mixer to engage the public in a dialogue, include questions in the 2012 citizen survey, convene a citizen committee to develop and present a formal recommendation to Council, or commission a third-party to perform a scientifically valid study to determine the economic impact to local businesses. City of Denton City Council Minutes January 10, 2012 Page 6 If Council wanted to use a committee it was suggested that all sides of the issues be included. A proposed makeup of the committee might include owners/operators of local restaurants, owners/operators of local stand-alone bars, Chambers of Commerce, medical professionals, Denton County Health Department and the two main hospitals. The recommended charge to the committee would be to define a public place and workplace, what must be included in the ordinance, and what exceptions should be considered. Mayor Burroughs noted that the primary issue at this meeting was to provide direction to staff on whether to proceed with an update. Council Member Gregory suggested including citizens not associated with any of the above groups should the Council move in that direction. He was in favor of revising the ordinance and was open to exceptions such as small workplaces or tobacco bars. Council Member Roden stated that he was also in favor of moving forward and felt it was important to have a committee. Council Member Watts indicated that he was in favor of the update and in favor of a committee. Mayor Burroughs stated that he was in favor of moving forward but was not interested in an economic study. He suggested considering creative alternatives unique to Denton. Council Member Engelbrecht suggested also receiving input from employees of clubs, from bingo places, bowling alleys and private clubs. He agreed with proceeding and suggested the option of questions in the citizen survey. Council Member Gregory suggested being specific with definitions if exempting private clubs or fraternal organizations. In terms of a committee, he suggested staff provide more specific recommendations for a charge and a specific time frame for completion. Mayor Burroughs suggested finding as many exceptions as possible to consider in the revision. Council Member King agreed with moving forward. Consensus of the Council was to move forward with the revision of the ordinance. 5. Receive a report, hold a discussion, and provide staff direction concerning the current drought conditions and recommended revisions to Denton's Water Conservation and Drought Contingency Plan. Jim Coulter, General Manager-Water Administration, stated that the past fiscal year had exceeded all previous years in Texas as the hottest and driest 12 month period for the state as a whole. Area reservoirs were being depleted and the long range forecasts were not encouraging. Many water utilities were taking steps to accelerate their drought management plan actions to help reduce water demands and extend supplies. Denton currently had a 30 year untreated water supply contract with Dallas Water Utilities that expired in 2015. Part of that contract required Denton to implement “like measures” to conserve water during a drought period. Denton’s 2009 City of Denton City Council Minutes January 10, 2012 Page 7 Drought Management Plan had significant differences from the 2010 Dallas Drought Management Plan and the recommendation was to make the necessary adjustments to Denton’s current plan to more closely match the Dallas Plan. Under the 2010 Dallas Water Utilities Drought Contingency Plan, Stage 1 watering restrictions went from twice a week as a voluntary measure to a mandatory restriction for all retail water customers. Stage 2 went from a mandatory twice a week to a once a week watering schedule. Stage 3 went from a twice a week watering schedule using hand held hoses only to once a week using hand held hoses only. Proposed major changes included: (1) mandatory day-of-week watering starting in Stage 1 which would include 2 days a week in Stage 1, 1 day a week in Stage 2 and 1 day a week in Stage 3; (2) hose-end watering only in Stage 3 with no automatic systems or sprinklers. Enforcement would start in Stage 1 instead of Stage 3 and would have a proposed fine schedule. A time period for the violations would have to be developed for counting the number of violations. Rate surcharges would change from 20% for use over 30,000 gallons in Stage 3 and 20% for use of 15,000 gallons in Stage 4 to 10% for use of 10,000 gallons in Stage 3 and 4. Proposed minor changes included (1) golf courses would be more aligned with other irrigators, (2) city parks would be more aligned with other irrigators, and (3) foundation watering would be more restricted. Mayor Burroughs suggested a long lead time for warnings when the major changes were initiated because a lot of education would be necessary for citizens. Coulter stated that once the City was requested by Dallas to implement Stage 1 staff could do a 3-4 month grace period for fines. At Stage 2 staff would have to do more restricting fines. Council Member Gregory suggested getting notices out early that this would be happening to avoid customers from losing landscaping that they might have just installed. He suggested looking at the landscaping and irrigation ordinances for new developers installing landscape plants and irrigation systems. A task force of city staff to look at the city's behavior with its own facilities might also be in order. Council Member Watts asked if other political entities such as the DISD and the County would be subject to these restrictions and possible fines. Coulter stated that they would be held to the same standards as other customers. Council Member Watts asked how the surcharge was different from the fine. Coulter stated that watering incorrectly would result in the surcharge and violating the watering days would result in a fine. Council Member Watts asked how it would be enforced. Coulter stated that staff may see some of the violations but mostly it would come from residents calling in with violations. City of Denton City Council Minutes January 10, 2012 Page 8 Mayor Burroughs asked about provisions if someone had a water well. Coulter stated that harvesting systems or water wells would have to be taken into account. Council Member Watts asked how multi-family uses would be reduced over normal usage. Coulter stated that staff would have to look at commercial and multi-family uses. The policy was not trying to cut back internal usage; it was dealing with outdoor watering. Council Member Roden stated that Keep Denton Beautiful might be helpful to coordinate with reductions such as zeroscaping, etc. Council Member Engelbrecht suggested writing the warning notices in a positive manner. 6. Receive a report, hold a discussion and give staff direction regarding the preferred alignment of the portion of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project running from the King's Row Substation to the Denton North Interchange. Phil Williams, General Manager-DME, presented the details of the recommended alignment. There was a third public hearing scheduled for later in this meeting for public input. The project consisted of rebuilding two existing 60kV electric transmission lines in the northeast quadrant of the City. The existing electric transmission lines occupied a thirty-foot wide easement corridor. The original easement footprint conformed to the rural nature of the affected land tracts for the early 1960’s. However, urban development activity and encroachments along and within the easement corridor had made it increasingly difficult to operate and maintain the existing electric facilities. Current practice indicated that an easement width of seventy-five feet was the optimal minimum width to accommodate electric power transmission infrastructure, operations and maintenance. He reviewed significant activities to date. A neighborhood meeting was held, notifying citizens living within 500 feet of the existing transmission line and any alternative routes. Three routes were presented as alternatives to the original alignment. Cost estimates were formulated by DME staff to evaluate all routes. The factors used to evaluate each of the alternate routes included impact on homeowners, cost of easements, cost of work in existing substations, and transmission line construction cost. Following the completion of the Work Session, the Council convened into a Closed Session to discuss the following: 1. Closed Meeting: A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a tract of land, City of Denton City Council Minutes January 10, 2012 Page 9 located in the N.H. Meisenheimer Survey, Abstract Number 810, Denton, County, Texas, and located generally south of Riney Road, and north of the City of Denton North Lakes Park. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. 2. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 6.205 acre tract and a 142 acre tract, more or less, located in the David Davis Survey, Abstract Number 356, Denton, County, Texas, and located generally along the west side of Tom Cole Road, directly across Tom Cole Road from the Denton Municipal Airport. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above; where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. 3. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 33 acre tract, more or less, located in the J. McDonald Survey, Abstract Number 873, Denton, County, Texas, and located generally west of the southwest end of the Denton Municipal Airport. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. B. Consultation with Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the leasing of land and financing of a City facility on University of North Texas property located at I-35 and North Texas Boulevard. The discussion shall include financial information the City Council will City of Denton City Council Minutes January 10, 2012 Page 10 review, including the offer of financial or other incentives. C. Consultation with Attorney - Under Texas Government Section 551.071. 1. Receive a briefing from and consult with the city's attorneys regarding Item 5.A. on the agenda of January 10, 2012 regarding a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres located generally south of McKinney Street, approximately 900 feet west of Trinity Road. 2. Receive a briefing from and consult with the city's attorneys regarding Item 6.B. on the Regular Meeting Agenda of January 10, 2012, regarding a Specific Use Permit (SUP) for an existing gas well drilling and production facility on property located within a Neighborhood Residential Mixed Use (NRMU) zoning and use district on approximately 2.64 acres generally located south of Airport Road, east of Interstate 35 West, and west of South Bonnie Brae Street. D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential lease of a tract of land, located at 910 Aeronca, Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential lease of the real property described above, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. Following the completion of the Close Meeting, the Council convened in a Regular Meeting at 7:40 p.m. in the City Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. National Blood Donor Month City of Denton City Council Minutes January 10, 2012 Page 11 Mayor Burroughs presented the proclamation for National Blood Donor Month. B. Presentation by Rotary Youth Exchange Student, Javier Vereda Gorge, from Melilla Spain, to the Mayor of a letter and a flag from the Mayor of his town in Spain. Mr. Gorge presented Mayor Burroughs with a letter from the Mayor of his city and a flag of Spain. Mayor Burroughs presented Mr. Gorge with gifts for the Mayor and for Mr. Gorge. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B, Receive citizen reports from the following: 1. Timothy Trawick regarding the recent increase in parking fines and the enforcement policy. Mr. Trawick stated that there had been increased fees and fines for parking around the Square. He felt that there needed to be enforcement of parking on the Square for customers going to the businesses during the day. The City needed to be careful not to work against a positive growth of the businesses on the Square. He had received a parking fine and he had learned that there were two additional parking enforcement officers to be hired to work the area. One parking violation he had a problem with was parking within 20 feet of a crosswalk. He felt that if the city was going to enforce that violation, it needed to mark the crosswalks better so citizens would know where the violations would occur. 4. CONSENT AGENDA Mayor Burroughs noted that Council Member Watts had asked that Item A be pulled for separate consideration. Council Member King motioned, Council Member Engelbrecht seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item A. On roll call vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Ordinance No. 2012-002 B. Consider adoption of an ordinance of the City of Denton authorizing an Agreement between the City of Denton, Texas and the Children's Advocacy Center for Denton County, Incorporated in the amount of $121,648; providing aid to the City of Denton Police Department in the investigation of child abuse cases; providing client and clinical services to victims of child abuse and non-offending family members; providing for the expenditure of funds therefor; and providing for an effective date. City of Denton City Council Minutes January 10, 2012 Page 12 Ordinance No. 2012-003 C. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $445,000 to allow for the design and construction oversight of the Linda McNatt Animal Care and Adoption Facility, and providing an effective date. Ordinance No. 2012-004 D. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Connolly Architects and Consultants for Design Services and Construction Oversight for the Linda McNatt Animal Care and Adoption Facility; and providing for an effective date (File 4817-Design Services and Construction Oversight for the Linda McNatt Animal Care and Adoption Facility awarded to Connolly Architects and Consultants in the amount of $440,532). Ordinance No. 2012-005 E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute contracts through the Buy Board Cooperative Purchasing Network and Texas Association of School Boards (TASB) for the acquisition of fourteen vehicles for the City of Denton Police Department and one tractor for Denton Municipal Airport; and providing an effective date (File 4866-Purchase of Vehicles and Equipment for Police and Airport Departments awarded to Caldwell Country Chevrolet in the amount of $326,104 and Ag-Power, Inc. in the amount of $55,309.08 for a total award of $381,413.08). Ordinance No. 2012-006 F. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of an excavator for the City of Denton Solid Waste Construction and Demolition Division; and providing an effective date (File 4878- Purchase of Excavator for Solid Waste Construction and Demolition Division awarded to Darr Equipment Company in the amount of $108,659). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-007 G. Consider adoption of an ordinance accepting proposals and awarding a public works contract for the construction of the Bonnie Brae Substation for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4861-awarded to Can-Fer Utility Services, LLC. in the estimated amount of $634,739). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-008 H. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of the electric transmission conductors for the City of Denton, Texas, Denton Municipal Electric; providing for the expenditure of funds therefor; providing for the retroactive ratification of the purchase in the amount of $335,129.60 as City of Denton City Council Minutes January 10, 2012 Page 13 permitted in the provisions of the Ordinance No. 2009-189, the ordinance providing for procurement procedures for purchases by Denton Municipal Electric for electric production, transmission, distribution, and station systems in accordance with Texas Local Government Code Section 252.022(c); providing an effective date (Bid No. 4880- Annual Contract for the Purchase of Electric transmission conductors awarded to Stuart C. Irby in the net pricing as shown in Exhibit A of the ordinance). Ordinance No. 2012-009 I. Consider adoption of an ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Ordinance No. 2012-010 J. Consider adoption of an ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Ordinance No. 2012-011 K. Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. Ordinance No. 2012-012 L. Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and First Financial Resources, Inc. for the property located at 910 Aeronca at the Denton Municipal Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0). Ordinance No. 2012-013 M. Consider adoption of an ordinance rejecting any and all competitive proposals for a public works contract for the construction of the Bonnie Brae Substation Masonry Fence for the City of Denton (Bid Number 4811), or take other appropriate action with regard to such proposals; and providing an effective date. Item A was considered. Ordinance No. 2012-001 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending the Downtown Incentive Reimbursement Grant Program, and establishing an effective date. The Downtown Task Force recommends approval (14-0). The Economic Development Partnership Board recommends approval (8-0). Council Member Roden noted that this was the first year to use the DTIP boundaries. City of Denton City Council Minutes January 10, 2012 Page 14 Julie Glover, Economic Development Program Administrator, stated that the Central Business District boundaries had been used prior to this year. Council Member Roden stated that there were now more types of structures in the area and asked if homes could apply for these incentives. Glover stated that residences were also in the previous map but the grant was specifically for businesses. Perhaps there was a need to clarify in the policy that it was just for businesses. Council Member Roden asked how staff would work to advertise these grant funds for areas further out from the downtown business area. Glover stated that as the developers came in for building permits they received the information concerning the grants. City Manager Campbell stated that the intent was only for businesses. The language could be corrected at a later date if needed. Mayor Burroughs suggested altering the wording regarding Item 1 and facades. He suggested adding the word “commercial” to make it clear it was for businesses. Council Member King motioned, Council Member Gregory seconded to adopt the ordinance with the wording change noted for Item 1 adding the word “commercial”. On roll call vote Council Member King “aye”, Council Member Watts “nay”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor Burroughs “aye”. Motion carried with a 5-1 vote. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit (SUP) to allow for the drilling and extraction of natural gas from an underground storage formation on property located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 2.066 acres. The subject property is generally located south of McKinney Street, approximately 900 feet west of Trinity Road; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S11-0002) The Planning and Zoning Commission recommends approval (3-2). Mark Cunningham, Director of Planning and Development, stated that this item first came to thth Council on December 6. At that meeting the item was continued to the December 13 meeting th for additional information. At the December 13 meeting, Council closed the public hearing but deferred action until this meeting. The heart of matter was the use category of the structure on the property. The applicant had an affidavit indicating that there was no water supply to the structure Based on the city’s code, a structure was not considered habitable if there was no water. Staff had made several attempts to contact the property owner regarding the status of the City of Denton City Council Minutes January 10, 2012 Page 15 structure but had not received any response from him. A determination of staff was, that lacking water facilities, the structure was not a habitable structure. Council Member Gregory asked if the applicant would consider relocating the well to a different location outside the zone if it was determined that the structure was a restricted use. Jeff Hardgrave, representing the applicant, stated that he was not aware of that question but that they were looking at different locations on the site. Mayor Burroughs asked if there were other wells already doing the same thing in the area. Hardgrave stated that there were eight wells and one well been in existence for over 15 years within 1,000 feet of the structure. Mayor Burroughs stated that this well was to expand the size of the storage facility so as to make a more efficient use of the location. Hardgrave stated that it was to expand the reservoir in order to place more gas in the storage facility. Council Member Roden stated that the intent was not to take gas out but rather use as a storage area and asked about drilling. Hardgrave stated that this would not be a production well but that the drilling process was similar to a production well. Gas would be forced into the well as a storage reservoir. Council Member Roden asked how many of these types of wells were in the DFW area or service range area. Hardgrave stated that not all reservoirs could store gas. This area had a strong sand formation which would allow that. There were no other places near the DFW Metroplex area. During peak delivery times, gas would be taken out for residential customers, commercial customers and for electric generation as well. Council Member Roden asked about the safety aspect as a different type of well had an accident at that site. Hardgrave stated that was during the time Lone Star Gas Company had the well. It was his understanding that during drilling there was a pump failure with a release of gas until repairs were completed. Council Member Gregory asked that while the drilling well, would it look like other wells with a derrick, noise and lights. Hardgrave stated that the drilling would be shallow and done in less than 30 days with no fracking. City of Denton City Council Minutes January 10, 2012 Page 16 Council Member Gregory stated that Council had been given an affidavit from Atmos regarding water supply to the structure. His concern was that the structure represented a protected use. The affidavit indicated that Atmos had conversation with the owner of property and that the existing water well had not been working since May 2011. John Manganilla stated that they had been negotiating with the property owner to place a well on the property. The property owner had indicated that there had been damage done to his property and that several things had been stolen. The property owner had asked Atmos to address all of those issues. When asked for a time frame when these things happened, the property owner indicated it was when the project started. Council Member Gregory stated that he had spoken with a security person who thought someone had moved furniture into the building. Manganilla stated from operations and people who were out in the area on a daily basis, they were made aware that the property had been “leased” and recently during negotiations that the people leasing were leaving because they did not get water. Council Member Roden asked when those conversations took place. Manganilla indicated that the most recent was about a week ago. They had been having ongoing negotiations with the property owner. Council Member Roden asked when Atmos learned that the water connections were important and if staff had provided that information. Manganilla stated that it was after the Planning and Zoning Commission meeting that they learned that the 1000 foot issue was raised. It was not identified earlier in the process as everyone before had identified the structure as not being a residence. City Manager Campbell stated that Council had asked staff to make a determination if that was a habitable structure. In discussions with Atmos they indicated they had information that the structure did not have water. That process was in conjunction with the request from Council. Council Member Watts questioned if the process was the same as a production well for 30 days, then inject or pull the gas out through a compressor. Hardgrave stated that the compressor was only used for injecting the gas. Council Member Watts stated that primary concerns now were fracking and air quality. He asked if the gas injected and then taken out was processed or raw gas. Hardgrave stated that it was pure gas and was odorized. Council Member Watts asked if Atmos was paying personal property taxes on the stored gas. City of Denton City Council Minutes January 10, 2012 Page 17 Hardgrave stated yes but that all of the gas did not belong to Atmos. There were different shippers or other divisions of Atmos who owned the gas. Council Member Roden stated that one issue with any type of gas production was that the Council was in the middle of a rewrite of an ordinance that might affect this type of process. He asked if it would be a burden to continue using the well in the current state and wait until the rewrite was completed. Hardgrave stated that they had started this process well over 8-9 months ago and wanted to have it completed for winter this year. A delay would impact service to customers. A risk would be another cold event like last winter that might cause a problem with delivery to customers. This gas was also used for electrical generation in summer. City Attorney Burgess stated that Atmos had provided an affidavit to staff and she was asking if Council wanted to consider that in connection with their decision. If so, the affidavit would be attached to the official records for the evidence stating therein. Mayor Burroughs directed staff to do so. The following individuals submitted Speaker Cards: Ed Soph, 1620 Victoria, Denton, 76209 - in opposition Phyllis Wolper, 412 Ridgecrest Circle, Denton, 76205 - in opposition Council Member Gregory stated that the staff assessment was that the structure was not a protected use but he felt there was room for disagreement. He felt that there were people there. The fact that it was not a great residence did not mean to him that it was not a residence. He supported the facility but was opposed to it being too close to a protected use. He questioned what would happen if the proposal failed and whether the applicant could apply for another specific use permit for another well in the area without the one year waiting requirement. Cunningham stated that if the proposal was denied, Atmos could not resubmit for that property for twelve months. However, that would not prevent them from requesting a separate piece of property. Mayor Burroughs asked about not taking action and the threshold issue of residence or dwelling. If the structure was a dwelling, then drilling could not take place within 1000 feet of the structure. If it was not a dwelling, it would not be protected in that way. He questioned what would be the effect if the item was not acted on and more information was gathered regarding the definition for criteria for a dwelling without third party suggestions. He asked if the proposal could be postponed again for more information, or could the applicant get a waiver from the property owner or find a different site. Cunningham stated that there were several options. The Council could table the item for an indefinite period of time or to a time certain. The applicant could get a waiver from the property owner but that was not likely. The applicant could also seek a variance from the Zoning Board of Adjustment to reduce the 1000 foot setback or seek a different site for a different well. City of Denton City Council Minutes January 10, 2012 Page 18 Mayor Burroughs stated that the item could be delayed and the applicant would still have other options. Council Member Roden suggested getting a more precise accounting as burden of proof for the dwelling and criteria for a dwelling. He suggested holding off on a decision for a few months until the completion of Phase 2 of the ordinance. Cunningham questioned what was meant by burden of proof. Council Member Roden stated that it involved considering a place where someone was living there. Cunningham stated that it was not a matter of living there. It was an issue of whether the structure was habitable. A protected use was a residence. For a structure to be a residence it had to be habitable. Current definitions to be habitable included having utilities to the structure. Absent of water indicated that a structure was not habitable. That did not mean that it could not become one in the future but at this point in time, with no water, the structure was not habitable. Council Member Watts stated that his understanding was that there was no fracking involved in this activity. Hardgrave replied correct. Council Member Watts asked if all the compressors were natural gas compressors. Hardgrave replied correct. Council Member Watts stated that with this injection well there might a reduced need for compression as it allowed faster injection. Hardgrave replied correct. Council Member Watts stated that he understood the issue of safety for people. If this request went to a vote it would probably be defeated. There were people who used the system against the process. There was a person claiming that the structure was a residence but that person did not come before this body to tell them that. There may be an electric bill but not water and that made it difficult for him to believe that this was a habitable structure. If there was no water in the unit, there was a need to make sure Code Enforcement took care of the violation. If the structure was not habitable according to Code, then that needed to be addressed. To have this issue and no persons here to give testimony was outrageous. He indicated that he was in favor of the specific use permit and was also in favor of tabling the item so as to not deny the proposal because of this one issue. The only proof was trying to find out information on their own while the owner did not have the courtesy to address the Council. City of Denton City Council Minutes January 10, 2012 Page 19 Council Member Watts motioned to postpone the item. He instructed staff to move the new regulations along. The City needed to determine if the structure was habitable as someone could be living there in unsafe conditions. Mayor Burroughs asked about bringing it back if circumstances changed or there was an unforeseen issue to request it be brought back sooner. City Attorney Burgess stated that a motion to postpone needed to be to a date certain or an event certain. Mayor Burroughs suggested postponing until after the passage of the Phase 2 ordinance. Burgess stated that tabling the motion would put it on the table and it would not be considered at subsequent meetings. Mayor Burroughs suggested that the event certain could be the next meeting following the passage of the Phase 2 drilling ordinance but if something happened in the intervening period, it could also come off earlier. City Attorney Burgess suggested a motion could continue to a date certain of the meeting following the approval of the Phase 2 ordinance or when city staff obtained additional information requested at this meeting. Council Member Watts motioned, Council Member King seconded to postpone the item to the City Council meeting after the Phase 2 amendments were effective or the next City Council meeting after staff had the answers to Council’s questions, whichever was earlier. On roll call vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor Burroughs “aye”. Motion passed unanimously. 6. PUBLIC HEARINGS Ordinance No. 2012-014 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to Ordinance 2006-348, an environmentally sensitive area alternative development plan for approximately 71.01 acres of land located on the south side of I-35 East, south of Wind River Boulevard and west of Unicorn Lake Boulevard, within a Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district with an overlay district, a Neighborhood Residential 4 (NR-4) zoning district, and a Regional Center Commercial Downtown (RCC-D) zoning district, and legally described as within the M.E.P. & P.R.R. Survey, Abstract No. 950 and the B. Lewis Survey, Abstract No. 769 in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (ADP11-0009) The Planning and Zoning Commission recommends approval (7-0). City of Denton City Council Minutes January 10, 2012 Page 20 Mark Cunningham, Director of Planning and Development, stated that the proposal was for an amendment to the Tuscan Hills ADP ESA Plan to accommodate the construction of an access road. The request would exchange 0.4 acres which were designated as a natural zone on the Tuscan Hills ADP ESA plan for approximately 0.58 acres of enhanced social zones within the Unicorn Lake Estates subdivision. Enhanced social zones were designed to allow activities that complement a proposed walking trail. The Planning and Zoning Commission and staff were recommending approval. The Mayor opened the public hearing. Tom McCracken, representing the applicant, stated that there were no negatives with this proposal. A larger ESA area would be added which would also be meaningful for the area. Council Member Engelbrecht asked how the newly planted trees would be watered. McCracken stated that there would be a drip line to each individual tree. Council Member Engelbrecht asked if there would be a problem adding that as a condition. McCracken stated there would be no objection to that condition. The Mayor closed the public hearing. Council Member Engelbrecht motioned, Council Member Roden seconded to adopt the ordinance with the condition that a drip line irrigation system be used for the newly planted vegetation. On roll call vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, approving a Specific Use Permit (SUP) for an existing gas well drilling and production facility on a property located within a Neighborhood Residential Mixed Use (NRMU) zoning and use district on approximately 2.64 acres. The subject property is generally located south of Airport Road, east of Interstate 35 West, and west of South Bonnie Brae Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (S09-0007) The Planning and Zoning Commission recommends approval (5-2). Mark Cunningham, Director of Planning and Development, stated that the property had two existing wells and a tank battery located on the site. There are no records showing that the city issued permits for the operation of gas well drilling and production for this location. According to the applicant, the site was developed without permit by the previous operator, Darkhorse Operating due to a prior determination by the City in 2004 that the property was under the jurisdiction of the University of North Texas and that City permits were not required. In 2009 the property was acquired by Eagle Ridge and they applied for a specific use permit to allow City of Denton City Council Minutes January 10, 2012 Page 21 drilling and production activities on the site. As the application for the specific use permit was submitted in 2009 regulations in Phase 1 did not apply as the drilling rights were vested prior to those regulations. As this was a request for a specific use permit, staff was applying many of the current standards as conditions of approval. The Planning and Zoning Commission and the Development Review Committee recommended approval of the request with conditions. Council Member Roden questioned how the conditions were determined. Cunningham stated because the request was for a specific use permit, current conditions could be added and implemented. The 2010 regulations could not be used as the application was done in 2009. Council Member Roden questioned who discovered that the property did not belong to UNT. The agenda information sheet stated that the City found the error but other parts of the backup indicated that Eagle Ridge discovered the error. Cunningham stated that Eagle Ridge had submitted an application for a specific use permit and in reviewing the application found a statement that the property was not under city jurisdiction. After Eagle Ridge applied for the specific use permit, staff determined the property was not owned by UNT. Council Member Gregory asked why the Type B buffering was not required on the southern side. Cunningham stated that a buffer was required between uses and as there was no development on the southern side, buffering was not required. Council Member Gregory stated that a mistake was made in 2004. He asked if there was something in place today to make a similar mistake less likely. Cunningham replied stated that the City now had a gas well drilling application. While the City asked for both the surface rights owner and the drilling rights owner, it could not require the surface right owner to disclose the drilling rights owner. Council Member Gregory stated that he wanted to make sure this type of mistake did not happen again and what could be done to verify the owner. Cunningham stated that staff asked for information relative to the surface owner and if that was not provided, did research for the ownership as listed. If the mineral rights owner made an application to develop the minerals, the City could not require the consent of or to provide the surface owner information. The City could ask but not require that information per State law. Council Member Roden questioned why action was not taken about the well as it was not permitted. Cunningham stated that the prior application was made to the City and it was determined that the property was not under city jurisdiction but rather UNT. However, in 2009 the new property owner determined it was not UNT property and came to the city for a permit. At that time, the City of Denton City Council Minutes January 10, 2012 Page 22 property had changed hands and the offended party was no longer the property owner and the offended party was acting on information from the City. He indicated that whenever a violation was found, a citation was issued and then went to the prosecutor for processing. The Mayor opened the public hearing. Lee Allison, applicant, presented several of their proposed conditions. They offered a concrete or masonry fence around the facility but would like to postpone it for three years. He reviewed the steps to the proposed gas well permit and reviewed the background history of the property. Council Member Gregory asked about the height of tank batteries. Allison stated they were 10 feet. Mayor Burroughs asked about directional drilling under the property. Cunningham stated that there was a possibility of redrilling the wells with horizontal drilling and the addition of one or two more wells. Allison stated that the specific use permit was for the two existing wells. Any new wells would require a new specific use permit. Council Member Roden asked if UNT knew of the drilling site. Cunningham stated that UNT had just signed a new oil and gas lease. Council Member Roden asked if the 1000 foot setback requirement could be added for future wells. Cunningham replied that could not be done. Council Member Roden asked if the applicant could wait six months until the new regulations for Phase 2 were in place. Allison stated that they would first have to look at their vested rights and would continue to pursue those. He was not sure what the rational would be to require 1000 foot setback when the situation was that the wells were existing. He questioned how that could be accomplished. They would be waiting to implement the same rules. Council Member Engelbrecht asked if staff had requested the division orders. Allison stated that they had just received that information yesterday. There was some confidential information concerning Eagle Ridge and some with the Rayzor information. They were willing to work with City in that regard. Council Member Engelbrecht asked if Eagle Ridge investigated the division orders prior to operating the wells. City of Denton City Council Minutes January 10, 2012 Page 23 Cunningham stated that the division orders would only tell the mineral ownership and not the surface ownership. Council Member Engelbrecht indicated that a statement had been made regarding the reworking of the wells and of possible other wells. He questioned the future plans in terms of each of those operations. Cunningham stated that there was the capability of reentering the wells and doing different directional drilling. Council Member Engelbrecht asked about other Dark Horse wells that Eagle Ridge had acquired and how those wells got into city compliance. Cunningham indicated that those wells did not have any city permits and Eagle Ridge had applied for the correct permits to get them back into compliance with the city of Denton. The following individuals spoke during the public hearing: Phyllis Wolper, 412 Ridgecrest Circle, Denton, 76205 - opposed Ed Soph, 1620 Victoria Drive, Denton 76209 - opposed Derrick Murray, 4516 Rhone Drive, Denton 76226 - opposed Comment cards were submitted by the following: Alana Presley, 601 Crescent, Denton, 76201 - opposed Amber Briggle, 1315 Dartmouth, Denton, 76201 - opposed Clinton McBride, 1400 N. Elm, Denton, 76201 - opposed The Mayor closed the public hearing. Council Member Watts asked when the other two or three wells were brought into compliance. Cunningham stated it was within one to six months ago. Council Member Watts asked about the cause of the delay for this proposed well. Allison stated that there were two wells on the site and at the time, Eagle Ridge did not own both of them. Also Eagle Ridge was previously another company and that also slowed the process. The well was operating with no problems and the enforcement environment at that time did not have the attention that was needed here. Council Member Watts stated that it had been suggested that additional wells outside of reworking the current one might happen. He questioned if Eagle Ridge acquired any subsequent wells would those be subject to the ordinance at time of the application. Cunningham stated that any new wells would be subject to the new regulations. City of Denton City Council Minutes January 10, 2012 Page 24 Council Member Watts felt that Eagle Ridge purchased the gas wells and then found that they were not in compliance. They came in for a specific use permit but somehow there was difficulty with that process. The wells were currently operating and now fell between an old and a new ordinance. The new ordinance regulations did not apply to this specific use permit. These wells were existing wells and he had difficulty applying a setback that would make them in violation for an existing well. Mayor Burroughs asked for a general response from the applicant to the suggestion to wait until the new Phase 2 regulations were in place. Not that it impacted the wells but there were open issues such the possibility of reworking the wells. Allison stated as long as the wells could operate as non-conforming uses during that time period. City Attorney Burgess stated that Council could continue this item similar to the other gas well item to the meeting after consideration of the Phase 2 provisions. There would be a continuation of operation whether or not the City felt a need to enforce. Under the circumstances she would suggest the wells be allowed to operate in non-confirming status. Allison stated that he understood that fracking and reworking were operational and not land development activities. Land development was the current issue. Council Member Gregory stated that the wells were already there before the dorms were built so UNT probably did not mind that the wells were operating. Council Member Gregory motioned, Council Member Roden seconded to postpone consideration until the meeting following the passage of the Phase 2 gas well ordinance with the wells continuing to operate as a non-conforming use. On roll call vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor Burroughs “aye”. Motion passed unanimously. Resolution No. R2012-001 C. Hold a third public hearing and consider recommendations regarding the preferred alignment of the portion of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project running from the King's Row Substation to the Denton North Interchange; and consider a resolution of the City Council of the City of Denton, Texas regarding establishment of the route for this section of the Denton Municipal Electric Northeast Denton Transmission Line Re-Build Project; and providing an effective date. Phil Williams, General Manager-DME, presented an update on the project. Significant activities to date included the project approved in the CIP budget, several neighborhood meetings, updates th to the City Council and two prior public hearings. At the November 15 council meeting, Council approved the purple route and requested additional information concerning alternate routes. In December staff presented those alternatives. A review of Options A, B, and C was presented. Route evaluation factors included impact on homeowners, cost of easements, cost of City of Denton City Council Minutes January 10, 2012 Page 25 work in existing substations and transmission line construction cost. He provided a summary of the cost. The Public Utility Board recommended approval of Option C. th Council Member Gregory asked for a review of the December 20 public meeting. Williams stated that over 75 people attended with the consensus for the approval of Option C. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Kathleen and Johnny Davis, 2620 Picadilly, Denton, 76209 - support of Option C Sam Alexander, 3219 McReynolds, Sanger, 76266 - support of Option C Dalton Allen, 1111 Lexington, Denton - provided another option for consideration JB Haisler, owner of property – agreed with suggestion by Dalton Allen Council Member Engelbrecht asked if this alternate route was suggested at the last public meeting. Haisler stated that he did not bring it up at that meeting. Additional speakers included: Jill Harley, Royal Acres Drive, Denton – support of Option C Catherine Sikes, 117 Hercules, Denton, 76207 – support of Option C Comment cards were submitted by the following: Bob Spence, 2605 Huntington, Denton, 76209 – support of Option C Jeanette Wohlslager, 2033 Cherrywood Lane, Denton, 76209 – support of Option C Nona and Dan Muller, 2601 Sheraton Road, Denton, 76209 – support of Option C Lloyd Darnell, 2625 Picadilly Lane, Denton, 76209 – support of Option C Deanna Padgett, 2609 Sheraton Road, Denton, 76209 – support of Option C David Creeach, 2017 North Lake Trail, Denton, 76201 – support of Option C David Baldwin, 105 Meadow Lane, Denton, 76207 – support of Option C The Mayor closed the public hearing. Council Member Engelbrecht questioned the difference in right of way that would be needed. Williams stated that the City already owned the water line easement in that area and was using some of the street for the project. Council Member Engelbrecht questioned looking at the new option up to where Option C went back over the Loop. City of Denton City Council Minutes January 10, 2012 Page 26 Council Member Watts stated that he appreciated DME working with the neighborhoods. The community participated in the process which was what was needed. He was not inclined to delay Option C but felt there might be an opportunity for alternatives such as a larger buffer of land on the back side of the property to get the line off the street side. Williams indicated that any new option would involve a whole other group of homeowners. The route that was picked was the one that would have the least affect on the homeowners. The City would be reimbursing the landowner for the difference in property value with the line on his property. Staff would work with the property owner to look at alternatives for a better placement on his property. Council Member Gregory stated that he was concerned about the new suggestion as the very start of the project the intent was to have as little impact on as few homeowners as possible. Someone had to be impacted; however, the new alternative suggested would impact 40 homes. He felt Option C as proposed accomplished the intent to not impact homeowners. Mayor Burroughs asked when the last portion of the line would be started. Williams stated that they would be starting the process soon with the acquisition of the right-of- way. Mayor Burroughs suggested approving Option C and keeping discussions open with the property owner for alternatives such as considering putting the line down the middle of the property. Council Member Roden stated that he was concerned about putting the line down the back side of all of those homes. He suggested keeping Option C as it was. Council Member King suggested approving Option C as it was presented unless an alternative could be worked out with the property owners Council Member Gregory indicated that he did not like the line down the back of the homes. Council Member King motioned, Council Member Gregory seconded to approve the resolution. On roll call vote Council Member King “aye”, Council Member Watts “aye”, Council Member Gregory “aye”, Council Member Engelbrecht “aye”, Council Member Roden “aye”, and Mayor Burroughs “aye”. Motion passed unanimously. 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Donna F. Woodfork regarding new development. Ms. Woodfork was not present at the meeting. City of Denton City Council Minutes January 10, 2012 Page 27 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. Mayor Burroughs asked for an update on the number of parking enforcement officers the city might be acquiring and their specific job requirements. He also asked for an update on the range of fines for parking compared to other cities. Council Member Gregory requested an item on the January 31st Planning Session regarding training on parliamentary procedures for continuing, tabling and postponing. Council Member Gregory stated that Phase 2 of the gas well rewrite should be completed in March. He suggested instituting a moratorium on specific use permits and gas well permits and st that the topic also be included during the January 31 Planning Session and scheduled for th consideration on the February 7 meeting. Council Member Watts indicated that Myra Oliver had resigned from the Animal Shelter Advisory Board. This was his nomination and he would be bringing forward a nomination in the near future. He also agreed with a potential moratorium. Council Member Roden agreed with a moratorium. He invited the public to share in the Martin Luther King, Jr. activities this weekend and on Monday. Council Member Engelbrecht stated that he also agreed with a moratorium. He asked if Atmos could provide a percentage of compressor time resulting from the additional well. Council Member Engelbrecht suggested a moratorium on tickets for cars parked too close to crosswalks until the areas were marked. City of Denton City Council Minutes January 10, 2012 Page 28 Council Member Watts requested staff investigate uninhabitable structures and follow up with proper remedies. 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 11:04 p.m. _____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012Questions 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 Third Amendment to a Professional and Personal Services Agreement with KEMA, Inc., a corporation, for further engineering and consulting services respecting regulatory g the expenditure of funds therefor in an amount not-to-exceed an additional $23,000; and providing an effective date (File 4412 aggregating not-to-exceed $318,940). The Public Utilities Board recommends approval (7-0). BACKGROUND After the Northeast Blackout of 2003, which was a massive widespread power outage that occurred throughout parts of the Northeastern and Midwestern United States and Ontario, Canada, Congress responded by adding additional compliance monitoring and enforcement of NERC standards to the Energy Policy Act of 2005. NERC relies on regional entities to enforce the NERC standards through approved delegation agreements. Regional entities are responsible for monitoring compliance within their regional boundaries, assuring mitigation of all violations of approved reliability standards and assessing penalties and sanctions for failure to comply. To ensure the reliability of the bulk power system in the Electric Reliability Council of Texas (ERCOT) region, Texas Regional Entity (TRE) monitors and enforces compliance with reliability standards for NERC; develops regional standards; and monitors and reports on compliance with the ERCOT Protocols. As mandated by the delegation agreement with NERC, TRE performs the regional entity functions described in the Energy Policy Act of 2005 for the ERCOT region. The delegation agreement was approved by the Federal Energy Regulatory Commission (FERC). TRE is authorized by NERC to develop, monitor, assess, and enforce compliance with NERC Reliability Standards within the geographic boundaries of the ERCOT region. DME initially selected KEMA in late 2009 as its regulatory consultant respecting certification with TRE and NERC. Council approved that engagement. Since that time, KEMA has been steadily working with DME so that DME will be compliant with the many applicable regulatory standards. DME staff members reviewed the recommendations of other city entities in Texas, namely the City of College Station and the City of Bryan. Both cities have completed their due diligence and have successfully passed audits with the TRE and NERC with the assistance of Agenda Information Sheet February 21, 2012 Page 2 -334 do so, in the process of seeking it certification as a Transmission Operator. RECOMMENDATION Staff recommends approval of a Third Amendment to the Professional Services Agreement with KEMA, Inc., in the amount of $23,000 for a total contract award of $318,940. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) 1.Original agreement approved by Ordinance No. 2009-255 on October 6, 2009 in an amount not-to-exceed $169,580. 2.First Amendment approved by Ordinance No. 2010-187 on August 3, 2010 in the additional amount of $86,360. 3.Second Amendment approved on April 25, 2011 by the City Manager, within his delegated signature authority, for the additional amount not-to-exceed $40,000. 4.Third Amendment unanimously approved on February 13, 2012 by the Public Utilities Board. PRINCIPAL PLACE OF BUSINESS KEMA, Inc. Chalfont, PA ESTIMATED SCHEDULE OF PROJECT This agreement shall become effective upon approval by Council and shall remain in force for the period which may be reasonably required for the completion of the project. FISCAL INFORMATION The project will be funded from operating account number 600001.7899.5880. EXHIBITS Exhibit 1: PUB Minutes February 13, 2012 Exhibit 2: Ordinance Agenda Information Sheet February 21, 2012 Page 3 Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4412 Exhibit 1 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 February 13, 2012 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, February 13, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Vice Chair Bill Cheek, Randy Robinson, Phil Gallivan, 11 Barbara Russell, John Baines and Leonard Herring 12 13 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 14 OPEN MEETING: 15 16 CONSENT AGENDA: 17 18 19 4)Consider recommendation for approval of an ordinance continuing work under the original 20 proposal and continuing the contract for Professional Services of KEMA to ensure that DME 21 and the City of Denton will be compliant with the TRE (Texas Regional Entity) and with 22 NERC (North American Electric Reliability Corporation) for an additional amount of 23 $23,000. 24 25 Motion to approve by Board Member Gallivan with a second from Board Member Baines. 26 Vote 7-0. 27 28 Adjournment at 10:49 am EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance directing the publication of Notice of Intention to issue $10,970,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Solid Waste projects; and providing for an effective date. Audit/Finance Committee recommends approval (3-0). BACKGROUND This ordinance provides the Notice of Intention to issue $10,845,000 in principal amount of Certificates of Obligation (COs) for General Government and Solid Waste projects, as required by state law. The notice will be published once a week for two consecutive weeks in the Denton Record Chronicle, with the date of the first publication to be at least thirty-one (31) days before the date tentatively set for the passage of the ordinance authorizing the issuance of the bonds. These bonds will provide funding of $4,845,000 forGeneral Government and $6,000,000 for Solid Waste project costs. The additional $125,000 is for the cost of issuance and to allow flexibility in marketing and pricing the bond sale. Staff recommends the sale of $4,845,000 in COs for General Government, which is less than originally intended in the FY 2011-12 Capital Improvements Program (CIP). The decrease is due to lower than anticipated vehicle replacements/additions and partial funding for the Animal Care & Adoption Center, which will only include the design phase. Staff may seek approval of a Reimbursement Ordinance later in the year for the actual construction of the facility. Those COs would be issued in April 2013. Below is a listing of recommended CO FY 2011-12 CIP: 1.Vehicle Replacements/Additions $2,070,092* 2.Vehicle Replacements/Additions $ 109,908 3.Public Safety Mobile Data Computers $ 210,000* 4.Traffic Signals $ 410,000 5.Facilities Maintenance Program $1,600,000 6.Animal Care & Adoption Center (Design) $ 445,000* Total $4,845,000 *Previously authorized through a Reimbursement Ordinance. Agenda Information Sheet February 21, 2012 Page 2 Staff recommends the sale of $6,000,000 in COs for Solid Waste projects. Below is a listing of recommended FY 2011-12 CIP: 1.Auto Side Load Truck $ 262,865* 2.Auto Side Load Truck $ 262,865* 3.Auto Side Load Truck $ 262,865* 4.Auto Side Load Truck $ 262,865* 5.Auto Side Load Truck $ 262,865* 6.Comm-Container-Equipment-Maintenance $ 200,000 7.Commercial Container Equipment/Maintenance $ 150,000 8.Cell 4AB Excavation $ 200,000 9.Front Load Truck $ 267,275* 10.Front Load Truck $ 257,275* 11.Excavator $ 492,000 12.Home Chemical Building Improvements $ 25,000 13.Landfill Permit Expansion $ 277,000 14.Rear Load Truck $ 212,530* 15.Recycling Carts Replacements $ 600,000 16.Recycling Commercial Containers $ 110,000 17.Recycling Facility Upgrades $ 16,000 18.Residential Container Equipment/Assembly $ 130,000 19.Roll-Off Truck $ 182,050* 20.Solid Waste Equipment $ 101,545 21.Leachate Recirculation $ 50,000 22.Landfill Security Fence $ 200,000 23.ELR Scada $ 300,000 24.Solid Waste Tech Research & Development $ 20,000 25.Program Development $ 200,000 26.Landfill Improvements $ 100,000 27.Ground Water Wells $ 25,000 28.Landfill Property $ 520,000 29.LFG Line Construction $ 50,000 Total $6,000,000 *Previously authorized through a Reimbursement Ordinance. Approximately $5 million in General Government and Solid Waste projects of the $10.8 million CO issuance has been previously authorized through Reimbursement Ordinances. The City sells bonds in accordance with the useful life of the asset that is being acquired. For example, vehicles are typically sold with bonds that will be paid within five years. For the FY 2011-12 proposed debt issuance for General Government and Solid Waste: $210,000 will be 3 year debt; $7,160,000 will be 5 year debt, $2,495,000 will be 10 year debt, and $980,000 will be 20 year debt. In addition, the 20 year debt issues will also have a 10 year call feature. 2 Agenda Information Sheet February 21, 2012 Page 3 Concurrently with the sale of the COs for General Government and Solid Waste projects, the City anticipates the sale of approximately $37,930,000 of COs for Water, Wastewater and Electric projects and approximately $33.1 million in General Obligation Refunding and Improvement Bonds to fund the final remaining projects approved by voters in 2005 and refund existing utility system and general obligation debt. The refunding is contingent upon market conditions and it must requirements. If approved by the City Council, staff will proceed with the publication of the Notice of Intention and will schedule the Bond Ordinance for consideration and adoption on April 3, 2012. At that time, it is rd arrangement, staff will be permitted to execute the bond sale within six (6) months of April 3, provided certain interest rate parameters are met. Using this process, staff intends to obtain the most favorable interest rate possible either through a negotiated or competitive sale. PRIOR ACTION/REVIEW (Council, Boards or Commissions) On February 14, 2012, the Audit/Finance Committeeunanimously recommended approval to forward the upcoming bond issuance to the City Council for consideration. FISCAL INFORMATION The ordinance is for the authorization to publish the Notice of Intention to sell $10,970,000 of Certificates of Obligation for General Government and Solid Waste projects. A notice is only required for the Certificates of Obligation. The General Obligation Refunding and Improvement Bonds were approved by the voters in the 2005 CIP election and there is no statutory requirement to post such notice for the refunding of existing utility system and general obligation debt. EXHIBITS 1.Preliminary Debt Schedule Certificates of Obligation for General Government & Solid Waste 2.Notice of Intent Ordinance Respectfully submitted: Bryan Langley Chief Financial Officer Prepared by: Antonio Puente, Jr. Assistant Director of Finance EXHIBIT 1 SourcesandUsesofFunds CityofDenton,Texas CertificatesofObligation,Series2012 ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** GeneralGovernment/SolidWastePortion DatedDate 4/1/2012 DeliveryDate 4/1/2012 3Year5Year10Year20Year GeneralGeneralGeneralGeneral GovernmentGovernmentGovernmentGovernment5YearSolid10YearSolid20YearSolid Sources:DebtDebtDebtDebtWasteDebtWasteDebtWasteDebtTotal BondProceeds: ParAmount215,000.002,655,000.001,615,000.00415,000.004,590,000.00905,000. 215,000.002,655,000.001,615,000.00415,000.004,590,000.00905,000. 3Year5Year10Year20Year GeneralGeneralGeneralGeneral GovernmentGovernmentGovernmentGovernment5YearSolid10YearSolid20YearSolid Uses:DebtDebtDebtDebtWasteDebtWasteDebtWasteDebtTotal ProjectFundDeposits: ProjectFund210,000.002,625,000.001,600,000.00410,000.004,535,000.00895,000. DeliveryDateExpenses: CostofIssuance3,474.4011,160.673,540.292,055.2522,430.313,578.31919.9247,159.1 Underwriter'sDiscount1,525.6018,839.3311,459.712,944.7532,569.696,421.694,080.0877,84 5,000.0030,000.0015,000.005,000.0055,000.0010,000.005,000.00125, 215,000.002,655,000.001,615,000.00415,000.004,590,000.00905,000. BondDebtService CityofDenton,Texas CertificatesofObligation,Series2012 ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** GeneralGovernment/SolidWastePortion Period EndingPrincipalCouponInterestDebtService 9/30/20131,550,0003.500%499,739.722,049,739.72 9/30/20141,750,0003.500%299,075.002,049,075.00 9/30/20151,815,0003.500%236,687.502,051,687.50 9/30/20161,795,0003.500%173,512.501,968,512.50 9/30/20171,860,0003.500%109,550.001,969,550.00 9/30/2018305,0003.500%71,662.50376,662.50 9/30/2019310,0003.500%60,900.00370,900.00 9/30/2020320,0003.500%49,875.00369,875.00 9/30/2021335,0003.500%38,412.50373,412.50 9/30/2022345,0003.500%26,512.50371,512.50 9/30/202350,0003.500%19,600.0069,600.00 9/30/202450,0003.500%17,850.0067,850.00 9/30/202550,0003.500%16,100.0066,100.00 9/30/202655,0003.500%14,262.5069,262.50 9/30/202760,0003.500%12,250.0072,250.00 9/30/202860,0003.500%10,150.0070,150.00 9/30/202960,0003.500%8,050.0068,050.00 9/30/203060,0003.500%5,950.0065,950.00 9/30/203170,0003.500%3,675.0073,675.00 9/30/203270,0003.500%1,225.0071,225.00 10,970,0001,675,039.7212,645,039.72 BONDDEBTSERVICE CityofDenton,Texas 3YearGeneralGovernmentDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/201365,0003.500%9,188.4774,188.47 09/30/201475,0003.500%3,937.5078,937.50 09/30/201575,0003.500%1,312.5076,312.50 215,00014,438.47229,438.47 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page1 BONDDEBTSERVICE CityofDenton,Texas 5YearGeneralGovernmentDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/2013465,0003.500%119,376.25584,376.25 09/30/2014520,0003.500%67,550.00587,550.00 09/30/2015540,0003.500%49,000.00589,000.00 09/30/2016555,0003.500%29,837.50584,837.50 09/30/2017575,0003.500%10,062.50585,062.50 2,655,000275,826.252,930,826.25 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page2 BONDDEBTSERVICE CityofDenton,Texas 10YearGeneralGovernmentDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/2013120,0003.500%75,464.86195,464.86 09/30/2014145,0003.500%49,787.50194,787.50 09/30/2015150,0003.500%44,625.00194,625.00 09/30/2016155,0003.500%39,287.50194,287.50 09/30/2017160,0003.500%33,775.00193,775.00 09/30/2018165,0003.500%28,087.50193,087.50 09/30/2019170,0003.500%22,225.00192,225.00 09/30/2020175,0003.500%16,187.50191,187.50 09/30/2021185,0003.500%9,887.50194,887.50 09/30/2022190,0003.500%3,325.00193,325.00 1,615,000322,652.361,937,652.36 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page3 BONDDEBTSERVICE CityofDenton,Texas 20YearGeneralGovernmentDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/201310,0003.500%19,756.5329,756.53 09/30/201415,0003.500%13,912.5028,912.50 09/30/201515,0003.500%13,387.5028,387.50 09/30/201615,0003.500%12,862.5027,862.50 09/30/201715,0003.500%12,337.5027,337.50 09/30/201820,0003.500%11,725.0031,725.00 09/30/201920,0003.500%11,025.0031,025.00 09/30/202020,0003.500%10,325.0030,325.00 09/30/202120,0003.500%9,625.0029,625.00 09/30/202220,0003.500%8,925.0028,925.00 09/30/202320,0003.500%8,225.0028,225.00 09/30/202420,0003.500%7,525.0027,525.00 09/30/202520,0003.500%6,825.0026,825.00 09/30/202625,0003.500%6,037.5031,037.50 09/30/202725,0003.500%5,162.5030,162.50 09/30/202825,0003.500%4,287.5029,287.50 09/30/202925,0003.500%3,412.5028,412.50 09/30/203025,0003.500%2,537.5027,537.50 09/30/203130,0003.500%1,575.0031,575.00 09/30/203230,0003.500%525.0030,525.00 415,000169,994.03584,994.03 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page4 BONDDEBTSERVICE CityofDenton,Texas 5YearSolidWasteDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/2013810,0003.500%206,272.501,016,272.50 09/30/2014895,0003.500%116,637.501,011,637.50 09/30/2015930,0003.500%84,700.001,014,700.00 09/30/2016960,0003.500%51,625.001,011,625.00 09/30/2017995,0003.500%17,412.501,012,412.50 4,590,000476,647.505,066,647.50 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page5 BONDDEBTSERVICE CityofDenton,Texas 10YearSolidWasteDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/201365,0003.500%42,327.64107,327.64 09/30/201480,0003.500%28,000.00108,000.00 09/30/201585,0003.500%25,112.50110,112.50 09/30/201685,0003.500%22,137.50107,137.50 09/30/201790,0003.500%19,075.00109,075.00 09/30/201895,0003.500%15,837.50110,837.50 09/30/201995,0003.500%12,512.50107,512.50 09/30/2020100,0003.500%9,100.00109,100.00 09/30/2021105,0003.500%5,512.50110,512.50 09/30/2022105,0003.500%1,837.50106,837.50 905,000181,452.641,086,452.64 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page6 BONDDEBTSERVICE CityofDenton,Texas 20YearSolidWasteDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/201315,0003.500%27,353.4742,353.47 09/30/201420,0003.500%19,250.0039,250.00 09/30/201520,0003.500%18,550.0038,550.00 09/30/201625,0003.500%17,762.5042,762.50 09/30/201725,0003.500%16,887.5041,887.50 09/30/201825,0003.500%16,012.5041,012.50 09/30/201925,0003.500%15,137.5040,137.50 09/30/202025,0003.500%14,262.5039,262.50 09/30/202125,0003.500%13,387.5038,387.50 09/30/202230,0003.500%12,425.0042,425.00 09/30/202330,0003.500%11,375.0041,375.00 09/30/202430,0003.500%10,325.0040,325.00 09/30/202530,0003.500%9,275.0039,275.00 09/30/202630,0003.500%8,225.0038,225.00 09/30/202735,0003.500%7,087.5042,087.50 09/30/202835,0003.500%5,862.5040,862.50 09/30/202935,0003.500%4,637.5039,637.50 09/30/203035,0003.500%3,412.5038,412.50 09/30/203140,0003.500%2,100.0042,100.00 09/30/203240,0003.500%700.0040,700.00 575,000234,028.47809,028.47 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page7 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance directing the publication of Notice of Intention to issue $38,355,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks and Sewer System and Electric System projects; and providing for an effective date. Audit/Finance Committee recommends approval (3-0) BACKGROUND This ordinance provides the Notice of Intention to issue $37,930,000 in principal amount of Certificates of Obligation (COs) for Water, Wastewater and Electric projects, as required by state law. The notice will be published once a week for two consecutive weeks in the Denton Record Chronicle, with the date of the first publication to be at least thirty-one (31) days before the date tentatively set for the passage of the ordinance authorizing the issuance of the bonds. These bonds will provide funding of $6,500,000 for Water, $7,850,000 for Wastewater and $23,580,000 for Electric project costs. The additional $425,000 is for the cost of issuance and to allow flexibility in marketing and pricing the bond sale. Staff recommends the sale of $6,500,000 in COs for Water projects. Below is a listing of recommended CO funded projects for Water’s FY 2011-12 CIP: 1.2 MG Elevated Storage Robson (Water) – $ 3,050,000 2.Oversize Lines (Water) – $ 200,000 3.North South Water Line Phase II (Water) – $ 750,000 4.Hwy 380 West Phase II (Water) – $ 2,500,000 Total – $ 6,500,000 Staff recommends the sale of $7,850,000 in COs for Wastewater projects. Below is a listing of recommended CO funded projects for Wastewater’s FY 2011-12 CIP: 1.Volvo Loader (Wastewater) – $ 350,000* 2.Oversize WW Lines (Wastewater) – $ 200,000 3.Cooper Creek Interceptor III (Wastewater) – $ 1,100,000 4.Hwy 380 West (Wastewater) – $ 2,000,000 5.Pecan Creek Interceptor II (Wastewater) – $ 2,200,000 6.Hwy 380 West Phase II (Wastewater) – $ 2,000,000 Total – $ 7,850,000 *Previously authorized through a Reimbursement Ordinance. Agenda Information Sheet February 21, 2012 Page 2 Staff recommends the sale of $23,580,000 in COs for Electric projects. Below is a listing of recommended CO funded projects for Electric’s FY 2011-12 CIP: 1.Automated Meter Reading (Electric) – $ 2,500,000 2.Building Construction (Electric) – $ 200,000 3.Communications Equipment (Electric) – $ 500,000 4.Distribution Transformers (Electric) – $ 500,000 5.Feeder Extension & Improvements (Electric) – $ 500,000 6.New Res./Comm. Transmission Lines (Electric) – $ 1,750,000 7.Distribution Substation (Electric) – $ 5,800,000 8.Transmission Lines (Electric) – $ 5,500,000 9.Transmission Substations (Electric) – $ 5,300,000 10.Meters (Electric) – $ 30,000 11.Miscellaneous NERC Compliance (Electric) – $ 500,000 12.Over to Under Conversions (Electric) – $ 175,000 13.Power Factor Improvements (Electric) – $ 75,000 14.Street Lighting (Electric) – $ 200,000 15.Tools & Equipment (Electric) – $ 50,000 Total – $23,580,000 Of the $37,930,000 CO issuance, $350,000 was previously authorized for Wastewater through a Reimbursement Ordinance. The City sells bonds in accordance with the useful life of the asset that is being acquired. For example, vehicles are typically sold with bonds that will be paid within five years. For the FY 2011-12 proposed debt issuance for Water, Wastewater and Electric: $350,000 will be 5 year debt and $37,580,000 will be 20 year debt. In addition, the 20 year debt issues will also have a 10 year call feature. Concurrently with the sale of the COs for Water, Wastewater and Electric projects, the City anticipates the sale of approximately $10,845,000 of COs for General Government and Solid Waste projects and approximately $33.1 million in General Obligation Refunding and Improvement Bonds to fund projects approved by voters in 2005 and refund existing utility system and general obligation debt. The refunding is contingent upon market conditions and it must meet the City’s debt policy requirements. If approved by the City Council, staff will proceed with the publication of the Notice of Intention and will schedule the Bond Ordinance for consideration and adoption on April 3, 2012. At that time, it is anticipated that staff will request that the City Council authorize a “parameters sale.” Under such an rd arrangement, staff will be permitted to execute the bond sale within six (6) months of April 3, provided certain interest rate parameters are met. Using this process, staff intends to obtain the most favorable interest rate possible either through a negotiated or competitive sale. Agenda Information Sheet February 21, 2012 Page 3 PRIOR ACTION/REVIEW (Council, Boards or Commissions) On February 14, 2012, the Audit/Finance Committeeunanimously recommended approval to forward the upcoming bond issuance to the City Council for consideration. FISCAL INFORMATION The ordinance is for the authorization to publish the Notice of Intention to sell $38,355,000 of Certificates of Obligation for Water, Wastewater and Electric projects. A notice is only required for the Certificates of Obligation. The General Obligation Refunding and Improvement Bonds were approved by the voters in the 2005 CIP election and there is no statutory requirement to post such notice for the refunding of existing utility system and general obligation debt. EXHIBITS 1.Preliminary Debt Schedule – Certificates of Obligation for Water, Wastewater & Electric 2.Ordinance Respectfully submitted: Bryan Langley Chief Financial Officer Prepared by: Antonio Puente, Jr. Assistant Director of Finance EXHIBIT 1 SourcesandUsesofFunds CityofDenton,Texas CertificatesofObligation,Series2012 ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Water/Wastewater/ElectricPortion DatedDate 4/1/2012 DeliveryDate 4/1/2012 5Year20Year WastewaterWastewater20YearWater20YearElectric Sources:DebtDebtDebtDebtTotal BondProceeds: ParAmount355,000.007,585,000.006,570,000.0023,845,000.0038,355,000.00 355,000.007,585,000.006,570,000.0023,845,000.0038,355,000.00 5Year20Year WastewaterWastewater20YearWater20YearElectric Uses:DebtDebtDebtDebtTotal ProjectFundDeposits: ProjectFund350,000.007,500,000.006,500,000.0023,580,000.0037,930,000.00 DeliveryDateExpenses: CostofIssuance2,480.9931,178.4123,380.6495,800.81152,840.85 Underwriter'sDiscount2,519.0153,821.5946,619.36169,199.19272,159.15 5,000.0085,000.0070,000.00265,000.00425,000.00 355,000.007,585,000.006,570,000.0023,845,000.0038,355,000.00 BondDebtService CityofDenton,Texas CertificatesofObligation,Series2012 ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Water/Wastewater/ElectricPortion Period EndingPrincipalCouponInterestDebtService 9/30/2013935,0003.500%1,825,742.912,760,742.91 9/30/20141,470,0003.500%1,283,975.002,753,975.00 9/30/20151,520,0003.500%1,231,650.002,751,650.00 9/30/20161,575,0003.500%1,177,487.502,752,487.50 9/30/20171,630,0003.500%1,121,400.002,751,400.00 9/30/20181,610,0003.500%1,064,700.002,674,700.00 9/30/20191,670,0003.500%1,007,300.002,677,300.00 9/30/20201,730,0003.500%947,800.002,677,800.00 9/30/20211,790,0003.500%886,200.002,676,200.00 9/30/20221,855,0003.500%822,412.502,677,412.50 9/30/20231,920,0003.500%756,350.002,676,350.00 9/30/20241,985,0003.500%688,012.502,673,012.50 9/30/20252,055,0003.500%617,312.502,672,312.50 9/30/20262,125,0003.500%544,162.502,669,162.50 9/30/20272,205,0003.500%468,387.502,673,387.50 9/30/20282,285,0003.500%389,812.502,674,812.50 9/30/20292,370,0003.500%308,350.002,678,350.00 9/30/20302,455,0003.500%223,912.502,678,912.50 9/30/20312,540,0003.500%136,500.002,676,500.00 9/30/20322,630,0003.500%46,025.002,676,025.00 38,355,00015,547,492.9153,902,492.91 BONDDEBTSERVICE CityofDenton,Texas 5YearWastewaterDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/201365,0003.500%15,912.3680,912.36 09/30/201470,0003.500%8,925.0078,925.00 09/30/201570,0003.500%6,475.0076,475.00 09/30/201675,0003.500%3,937.5078,937.50 09/30/201775,0003.500%1,312.5076,312.50 355,00036,562.36391,562.36 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page8 BONDDEBTSERVICE CityofDenton,Texas 20YearWastewaterDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/2013175,0003.500%361,228.19536,228.19 09/30/2014280,0003.500%254,450.00534,450.00 09/30/2015290,0003.500%244,475.00534,475.00 09/30/2016300,0003.500%234,150.00534,150.00 09/30/2017310,0003.500%223,475.00533,475.00 09/30/2018320,0003.500%212,450.00532,450.00 09/30/2019335,0003.500%200,987.50535,987.50 09/30/2020345,0003.500%189,087.50534,087.50 09/30/2021355,0003.500%176,837.50531,837.50 09/30/2022370,0003.500%164,150.00534,150.00 09/30/2023385,0003.500%150,937.50535,937.50 09/30/2024395,0003.500%137,287.50532,287.50 09/30/2025410,0003.500%123,200.00533,200.00 09/30/2026425,0003.500%108,587.50533,587.50 09/30/2027440,0003.500%93,450.00533,450.00 09/30/2028455,0003.500%77,787.50532,787.50 09/30/2029475,0003.500%61,512.50536,512.50 09/30/2030490,0003.500%44,625.00534,625.00 09/30/2031505,0003.500%27,212.50532,212.50 09/30/2032525,0003.500%9,187.50534,187.50 7,585,0003,095,078.1910,680,078.19 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page9 BONDDEBTSERVICE CityofDenton,Texas 20YearWaterDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/2013150,0003.500%312,917.50462,917.50 09/30/2014240,0003.500%220,500.00460,500.00 09/30/2015250,0003.500%211,925.00461,925.00 09/30/2016260,0003.500%203,000.00463,000.00 09/30/2017270,0003.500%193,725.00463,725.00 09/30/2018280,0003.500%184,100.00464,100.00 09/30/2019290,0003.500%174,125.00464,125.00 09/30/2020300,0003.500%163,800.00463,800.00 09/30/2021310,0003.500%153,125.00463,125.00 09/30/2022320,0003.500%142,100.00462,100.00 09/30/2023330,0003.500%130,725.00460,725.00 09/30/2024345,0003.500%118,912.50463,912.50 09/30/2025355,0003.500%106,662.50461,662.50 09/30/2026365,0003.500%94,062.50459,062.50 09/30/2027380,0003.500%81,025.00461,025.00 09/30/2028395,0003.500%67,462.50462,462.50 09/30/2029410,0003.500%53,375.00463,375.00 09/30/2030425,0003.500%38,762.50463,762.50 09/30/2031440,0003.500%23,625.00463,625.00 09/30/2032455,0003.500%7,962.50462,962.50 6,570,0002,681,892.509,251,892.50 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page10 BONDDEBTSERVICE CityofDenton,Texas 20YearElectricDebt ***PRELIMINARY,FORDISCUSSIONPURPOSEONLY*** Period EndingPrincipalCouponInterestDebtService 09/30/2013545,0003.500%1,135,684.861,680,684.86 09/30/2014880,0003.500%800,100.001,680,100.00 09/30/2015910,0003.500%768,775.001,678,775.00 09/30/2016940,0003.500%736,400.001,676,400.00 09/30/2017975,0003.500%702,887.501,677,887.50 09/30/20181,010,0003.500%668,150.001,678,150.00 09/30/20191,045,0003.500%632,187.501,677,187.50 09/30/20201,085,0003.500%594,912.501,679,912.50 09/30/20211,125,0003.500%556,237.501,681,237.50 09/30/20221,165,0003.500%516,162.501,681,162.50 09/30/20231,205,0003.500%474,687.501,679,687.50 09/30/20241,245,0003.500%431,812.501,676,812.50 09/30/20251,290,0003.500%387,450.001,677,450.00 09/30/20261,335,0003.500%341,512.501,676,512.50 09/30/20271,385,0003.500%293,912.501,678,912.50 09/30/20281,435,0003.500%244,562.501,679,562.50 09/30/20291,485,0003.500%193,462.501,678,462.50 09/30/20301,540,0003.500%140,525.001,680,525.00 09/30/20311,595,0003.500%85,662.501,680,662.50 09/30/20321,650,0003.500%28,875.001,678,875.00 23,845,0009,733,959.8633,578,959.86 Feb16,201210:54amPreparedbyFirstSouthwest(kek)(Finance6.022DENTON:2012CO)Page11 AGENDA INFORMATION SHEET AGENDA DATE : February 21, 2012 DEPARTMENT : Utilities Administration ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of a resolution of the City Council of the City of Denton, Texas adopting a sustainability plan entitled “Simply Sustainable – A Strategic Plan for Denton’s Future”; and providing an effective date. BACKGROUND Simply Sustainable – A Strategic Plan for Denton’s Future was presented to the City Council during the work session on February 7, 2012. Feedback from the Council received during this meeting was included in the land use section of the document. As stated during the February 7, 2012 presentation, the Plan is designed to be a living document that acknowledges successes, describes ongoing programs, tracks and reports progress towards meeting goals, outlines future initiatives, and provides a framework for a Sustainable Denton. The overall goal of the project was to create a comprehensive sustainability plan for Denton that would encompass municipal operations, community / citizens, and the commercial / industrial sectors of the community. Citizen involvement was a crucial component of the Sustainability Plan process, several opportunities and options were available to the community to provide input and suggestions for the Plan. Two community meetings, with over 80 attendees were held. A citizen survey was available in both a printed and online version, and over 200 responses were received. The responses from the meetings and surveys and working stakeholder groups resulted in a list of over 500 possible strategies. Staff worked closely with Camp, Dresser, and McKee (CDM), the Community Partners Committee, and the City Council Committee on the Environment to create an appropriate prioritization framework to review the suggested strategies. This process allowed CDM to have a list of strategies that could fit into the plan. Ms. Amelia Ravin, Ms. Glennis Nelson of Camp, Dresser, and McKee (CDM) will present a brief overview of the Plan. PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 2, 2009: Committee on the Environment (Individual Item concerning Community Sustainability Initiatives). February 18, 2009: Committee on the Environment (Individual item concerning Community Sustainability initiatives) September 17, 2009: Committee on the Environment (as a part of Assistant City Manager “ACM” grant update) November 2, 2009: Committee on the Environment (ACM update). December 9, 2009: Presentation of ranking strategy methodology to the Committee on the Environment. January 13, 2010: Presentation of final ranking strategy to the Committee on the Environment. January 15, 2010: Staff report to City Council outlining Committee on the Environment Recommendation and staff’s intent to submit recommended projects. April 5, 2010: Staff report to City Council concerning the notice of approval from the Department of Energy of the City of Denton’s Energy Efficiency and Conservation Block Grant (EECBG) awarded to the City of Denton. April 6, 2010: Presentation of an ordinance of the City of Denton Texas authorizing the City Manager or his designee(s) to administer all expenditures of the EECBG. August 2, 2010: Staff provided an update of grant progress and challenges to the Committee on the Environment September 13, 2010 Staff provided an ACM update announcing selection of CDM as the consultant selected for the Phase II Sustainability Planning project. November 1, 2010: Staff provided an analysis of the current status of EECBG projects, and recommended cancellation of the anaerobic digester project and reallocation of funding among other projects. The recommendation was approved by the Committee on the Environment and was provided to the City Council in the reading file for this week. November 16, 2010: Ordinance adopted for Professional Services Agreement with CDM for preparation of a sustainability plan and implementation strategy for the City of Denton. January 14, 2011: Kick-off - Interdepartmental Team February 7, 2011: CDM Presentation to Committee on Environment April 5, 2011: CDM Presentation to City Council Work Session April 6 & 7, 2011: Community Meetings were held at the Civic Center to engage the public in the process. More than 80 citizens attended the two meetings and provided feedback. April 7, 2011: Kick-off - Community Partners Committee March-April 2011: Online and Paper Surveys accepted May 17, 2011: COE ACM Update with meeting notes from Partners and Interdepartmental Team Meetings June 14, 2011: Community Partners Meeting #2, Interdepartmental Team Meeting #2 August 1, 2011: COE ACM Update with meeting notes from Partners and Interdepartmental Team Meetings September 14, 2011: Community Partners Meeting #3 October 3, 2011: CDM Presentation to Committee on Environment November 10, 2011: Community Partners Meeting # 4 November 11, 2011: CDM Presentation to Committee on Environment February 7, 2012: CDM Presentation to City Council Work Session STAFF RECOMMENDATION Staff recommends approval of Simply Sustainable – A Strategic Plan for Denton’s Future. EXHIBITS 1. Resolution Respectfully prepared and submitted by, Katherine Barnett Sustainability and Special Projects Administrator RESOLUTION NO. R2012-_______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ADOPTING A SUSTAINABILITY PLAN ENTITLED “SIMPLY SUSTAINABLE – A STRATEGIC PLAN FOR DENTON’S FUTURE”; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, “sustainability” is key to our future, and it is generally defined as “meeting today’s needs without compromising the ability of future generations to meet those same needs”; and WHEREAS, the City of Denton’s vision is to be a sustainable community that will engage our employees, businesses, institutions, organizations, and citizens in more sustainable practices; and WHEREAS, on this date the City Council of the City of Denton, Texas is adopting a sustainability plan entitled “Simply Sustainable – A Strategic Plan for Denton’s Future” (hereafter the “Sustainability Plan”); and WHEREAS, the City of Denton shall work in a leadership role to improve our community environment, and to utilize our resources in ways that are fiscally and socially responsible; the City will endeavor to do this to protect and to restore our environment, to create economic value, and in the interests of supporting and strengthening our community; and WHEREAS, sustainability strategies such as energy efficiency, improved air quality, water conservation, watershed protection, clean energy production and the use of local and environmentally preferable products will benefit the community as a whole; and WHEREAS, the Denton community was involved in and was an integral part of developing this Sustainability Plan through a number of public meetings, surveys and advisory committees, where City staff and all interested community members worked for over two (2) years in creating this Sustainability Plan; and WHEREAS, this Sustainability Plan is intended to be a living document that acknowledges successes, describes ongoing programs, tracks and reports progress toward meeting goals, outlines future initiatives, and as a whole, provides a framework for a Sustainable Denton; and this Sustainability Plan is intended by the Council to be updated on a routine basis, from time-to-time and will be open to public input; and WHEREAS, the City Council finds that this Sustainability Plan is in the best interests of the community and its citizens, and accordingly; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby adopts the sustainability plan entitled “Simply Sustainable – A Strategic Plan for Denton’s Future,” a copy of which plan is attached hereto as Exhibit “A, and is incorporated by reference herewith. SECTION 2. The preamble to this Resolution is hereby incorporated by reference, and is a part of this Resolution for all purposes pertinent. SECTION 3. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED this the ______ day of _______________, 2012. ________________________________ 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: February 21, 2012 DEPARTMENT: Denton Municipal Electric (DME) ACM: Howard Martin, 349-8232 ________________________________________________________________________ SUBJECT: Consider an ordinance creating a Combined Heat and Power Economic Development District (CHP-EDD) in the Airport Industrial District area of Denton, Texas; designating and describing the boundaries of such district; and providing an effective date. BACKGROUND: Denton’s numerous amenities, including its universities, proximity to DFW, and competitive electric rates, make it an attractive consideration for industries considering relocation. One area where Denton is currently unable to meet companies’ demands is in providing reliable, high- pressure natural gas. With the creation of a Combined Heating and Power Economic Development District (CHP-EDD), Denton will be able to address this need while also offering industries the myriad benefits of CHP-EDD, giving Denton a vital competitive edge in attracting industrial businesses. Senate Bill 1230 passed the Senate by a unanimous vote on April 5, 2011, passed the House of Representatives by unanimous vote on April 26, 2011, and was signed into law by Governor Perry in May 2011. This legislation permits Denton to establish and designate a CHP-EDD only within certain geographic boundaries. The law also permits the City to sell natural gas to industrial customers located in the CHP-EDD. The CHP-EDD is planned to have a 3 mile radius centered north east of the Denton Airport bordered in the north by University Drive and on the east by Interstate 35. At this time, DME is presenting enabling language in the form of an ordinance creating the Denton CHP-EDD. RECOMMENDATION: Staff recommends approval of the ordinance enabling the Combined Heat & Power Economic Development District. PRIOR ACTION/REVIEW (Council, Boards, Commissions): Presented to Economic Development Partnership Board on February 27, 2012, Presented to the Public Utilities Board on February 13, 2012 Presented to City Council on February 14, 2012. FISCAL INFORMATION: N/A EXHIBITS: 1. Senate Bill 1230 2. CHP-EDD ordinance 3. NAICS Codes 4. Power Point Presentation to be provided during the meeting. Respectfully submitted, _______________________________ Phil Williams General Manager Denton Municipal Electric Prepared by: William A. Bunselmeyer Energy Services & Business Development Manager Denton Municipal Electric S.B. No. 1230 AN ACT relating to the construction and operation of combined heating and power facilities in certain municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter Z, Chapter 552, Local Government Code, is amended by adding Section 552.913 to read as follows: Sec. 552.913. COMBINED HEATING AND POWER SYSTEMS IN CERTAIN MUNICIPALITIES. (a) This section applies only to a home-rule municipality that: (1) has a population of more than 100,000; (2) owns and operates an electric utility that is a member of a municipal power agency; and (3) is located in a county adjacent to a county with a population of more than two million. (b) To the extent this section conflicts with a municipal charter provision, this section controls. (c) A municipality may buy, own, construct, maintain, and operate a combined heating and power system or plant and related infrastructure. (d) The governing body of the municipality may designate a Page - 1 - S.B. No. 1230 combined heating and power economic development district that includes territory that: (1) is within three miles of the combined heating and power plant; (2) is wholly located within the corporate boundaries of the municipality; and (3) does not have an interstate or federal highway located within the boundaries of the district on the date the territory is designated. (e) The municipality may sell an energy commodity from the system or plant, including electricity, chilled water, steam, or gas. The municipality may sell gas only to industrial customers located in the combined heating and power economic development district. (f) The municipality shall assess fees against a municipal entity selling gas to industrial customers in the combined heating and power economic district that are substantially the same as the Page -2 - S.B. No. 1230 fees assessed against a gas utility that is not owned by the municipality for occupation of a municipal right-of-way. SECTION 2.This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011. Page -3 - S.B. No. 1230 ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1230 passed the Senate on April 5, 2011, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1230 passed the House on April 26, 2011, by the following vote: Yeas 148, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: Page -4 - S.B. No. 1230 ______________________________ Date ______________________________ Governor Page -5 - Exhibit3 NorthAmericanIndustryClassificationSystemCode22 22Utilities Utilities 221 2211Electric Power Generation, Transmission and Distribution 22111 Electric Power Generation 221111 Hydroelectric Power Generation 221112 Fossil Fuel Electric Power Generation 221113 Nuclear Electric Power Generation 221119 Other Electric Power Generation 22112 Electric Power Transmission, Control, and Distribution 221121 Electric Bulk Power Transmission and Control 221122 Electric Power Distribution 22133 Steam and Air-Conditioning Supply 221330 Steam and Air-Conditioning Supply 1|Page Exhibit3 NorthAmericanIndustryClassificationSystemSICCode31 31Manufacturing Food Manufacturing 311 3111Animal Food Manufacturing 31111 Animal Food Manufacturing 311111 Dog and Cat Food Manufacturing 311119 Other Animal Food Manufacturing 3112Grain and Oilseed Milling 31121 Flour Milling and Malt Manufacturing 311211 Flour Milling 311212 Rice Milling 311213 Malt Manufacturing 31122 Starch and Vegetable Fats and Oils Manufacturing 311221 Wet Corn Milling 311222 Soybean Processing 311223 Other Oilseed Processing 311225 Fats and Oils Refining and Blending 31123 Breakfast Cereal Manufacturing 311230 Breakfast Cereal Manufacturing 3113Sugar and Confectionery Product Manufacturing 31131 Sugar Manufacturing 311311 Sugarcane Mills 311312 Cane Sugar Refining 311313 Beet Sugar Manufacturing 31132 Chocolate and Confectionery Manufacturing from Cacao Beans 311320 Chocolate and Confectionery Manufacturing from Cacao Beans 31133 Confectionery Manufacturing from Purchased Chocolate 311330 Confectionery Manufacturing from Purchased Chocolate 31134 Nonchocolate Confectionery Manufacturing 2|Page Exhibit3 311340 Nonchocolate Confectionery Manufacturing 3114Fruit and Vegetable Preserving and Specialty Food Manufacturing 31141 Frozen Food Manufacturing 311411 Frozen Fruit, Juice, and Vegetable Manufacturing Frozen Specialty Food Manufacturing 311412 31142 Fruit and Vegetable Canning, Pickling, and Drying 311421 Fruit and Vegetable Canning 311422 Specialty Canning 311423 Dried and Dehydrated Food Manufacturing 3115Dairy Product Manufacturing 31151 Dairy Product (except Frozen) Manufacturing 311511 Fluid Milk Manufacturing 311512 Creamery Butter Manufacturing 311513 Cheese Manufacturing 311514 Dry, Condensed, and Evaporated Dairy Product Manufacturing 31152 Ice Cream and Frozen Dessert Manufacturing 311520 Ice Cream and Frozen Dessert Manufacturing 3116Animal Slaughtering and Processing 31161 Animal Slaughtering and Processing 311611 Animal (except Poultry) Slaughtering 311612 Meat Processed from Carcasses 311613 Rendering and Meat Byproduct Processing 311615 Poultry Processing 3117Seafood Product Preparation and Packaging 31171 Seafood Product Preparation and Packaging 311711 Seafood Canning 311712 Fresh and Frozen Seafood Processing 3118Bakeries and Tortilla Manufacturing 31181 Bread and Bakery Product Manufacturing 311811 Retail Bakeries 311812 Commercial Bakeries 3|Page Exhibit3 311813 Frozen Cakes, Pies, and Other Pastries Manufacturing 31182 Cookie, Cracker, and Pasta Manufacturing 311821 Cookie and Cracker Manufacturing 311822 Flour Mixes and Dough Manufacturing from Purchased Flour Dry Pasta Manufacturing 311823 31183 Tortilla Manufacturing 311830 Tortilla Manufacturing 3119Other Food Manufacturing 31191 Snack Food Manufacturing 311911 Roasted Nuts and Peanut Butter Manufacturing 311919 Other Snack Food Manufacturing 31192 Coffee and Tea Manufacturing 311920 Coffee and Tea Manufacturing 31193 Flavoring Syrup and Concentrate Manufacturing 311930 Flavoring Syrup and Concentrate Manufacturing 31194 Seasoning and Dressing Manufacturing 311941 Mayonnaise, Dressing, and Other Prepared Sauce Manufacturing 311942 Spice and Extract Manufacturing 31199 All Other Food Manufacturing 311991 Perishable Prepared Food Manufacturing 311999 All Other Miscellaneous Food Manufacturing 312Beverage and Tobacco Product Manufacturing 3121Beverage Manufacturing 31211 Soft Drink and Ice Manufacturing 312111 Soft Drink Manufacturing 312112 Bottled Water Manufacturing 312113 Ice Manufacturing 31212 Breweries 312120 Breweries 31213 Wineries 312130 Wineries 4|Page Exhibit3 31214 Distilleries 312140 Distilleries 3122Tobacco Manufacturing 31221 Tobacco Stemming and Redrying Tobacco Stemming and Redrying 312210 31222 Tobacco Product Manufacturing 312221 Cigarette Manufacturing 312229 Other Tobacco Product Manufacturing 313Textile Mills 3131Fiber, Yarn, and Thread Mills 31311 Fiber, Yarn, and Thread Mills 313111 Yarn Spinning Mills 313112 Yarn Texturizing, Throwing, and Twisting Mills 313113 Thread Mills 3132Fabric Mills 31321 Broadwoven Fabric Mills 313210 Broadwoven Fabric Mills 31322 Narrow Fabric Mills and Schiffli Machine Embroidery 313221 Narrow Fabric Mills 313222 Schiffli Machine Embroidery 31323 Nonwoven Fabric Mills 313230 Nonwoven Fabric Mills 31324 Knit Fabric Mills 313241 Weft Knit Fabric Mills 313249 Other Knit Fabric and Lace Mills 3133Textile and Fabric Finishing and Fabric Coating Mills 31331 Textile and Fabric Finishing Mills 313311 Broadwoven Fabric Finishing Mills 313312 Textile and Fabric Finishing (except Broadwoven Fabric) Mills 31332 Fabric Coating Mills 313320 Fabric Coating Mills 5|Page Exhibit3 314Textile Product Mills 3141Textile Furnishings Mills 31411 Carpet and Rug Mills 314110 Carpet and Rug Mills Curtain and Linen Mills 31412 314121 Curtain and Drapery Mills 314129 Other Household Textile Product Mills 3149Other Textile Product Mills 31491 Textile Bag and Canvas Mills 314911 Textile Bag Mills 314912 Canvas and Related Product Mills 31499 All Other Textile Product Mills 314991 Rope, Cordage, and Twine Mills 314992 Tire Cord and Tire Fabric Mills 314999 All Other Miscellaneous Textile Product Mills 315Apparel Manufacturing 3151Apparel Knitting Mills 31511 Hosiery and Sock Mills 315111 Sheer Hosiery Mills 315119 Other Hosiery and Sock Mills 31519 Other Apparel Knitting Mills 315191 Outerwear Knitting Mills 315192 Underwear and Nightwear Knitting Mills 3152Cut and Sew Apparel Manufacturing 31521 Cut and Sew Apparel Contractors 315211 Mens and Boys' Cut and Sew Apparel Contractors 315212 Womens, Girls', and Infants' Cut and Sew Apparel Contractors 31522 Mens and Boys' Cut and Sew Apparel Manufacturing 315221 Mens and Boys' Cut and Sew Underwear and Nightwear Manufacturing 315222 Mens and Boys' Cut and Sew Suit, Coat, and Overcoat Manufacturing 315223 Mens and Boys' Cut and Sew Shirt (except Work Shirt) Manufacturing 6|Page Exhibit3 315224 Mens and Boys' Cut and Sew Trouser, Slack, and Jean Manufacturing 315225 Mens and Boys' Cut and Sew Work Clothing Manufacturing 315228 Mens and Boys' Cut and Sew Other Outerwear Manufacturing 31523 Womens and Girls' Cut and Sew Apparel Manufacturing Womens and Girls' Cut and Sew Lingerie, Loungewear, and Nightwear 315231 Manufacturing 315232 Womens and Girls' Cut and Sew Blouse and Shirt Manufacturing 315233 Womens and Girls' Cut and Sew Dress Manufacturing 315234 Womens and Girls' Cut and Sew Suit, Coat, Tailored Jacket, and Skirt Manufacturing 315239 Womens and Girls' Cut and Sew Other Outerwear Manufacturing 31529 Other Cut and Sew Apparel Manufacturing 315291 Infants Cut and Sew Apparel Manufacturing 315292 Fur and Leather Apparel Manufacturing 315299 All Other Cut and Sew Apparel Manufacturing 3159Apparel Accessories and Other Apparel Manufacturing 31599 Apparel Accessories and Other Apparel Manufacturing 315991 Hat, Cap, and Millinery Manufacturing 315992 Glove and Mitten Manufacturing 315993 Mens and Boys' Neckwear Manufacturing 315999 Other Apparel Accessories and Other Apparel Manufacturing 316Leather and Allied Product Manufacturing 3161Leather and Hide Tanning and Finishing 31611 Leather and Hide Tanning and Finishing 316110 Leather and Hide Tanning and Finishing 3162Footwear Manufacturing 31621 Footwear Manufacturing 316211 Rubber and Plastics Footwear Manufacturing 316212 House Slipper Manufacturing 316213 Mens Footwear (except Athletic) Manufacturing 316214 Womens Footwear (except Athletic) Manufacturing 316219 Other Footwear Manufacturing 7|Page Exhibit3 3169Other Leather and Allied Product Manufacturing 31699 Other Leather and Allied Product Manufacturing 316991 Luggage Manufacturing 316992 Womens Handbag and Purse Manufacturing Personal Leather Good (except Womens Handbag and Purse) Manufacturing 316993 316999 All Other Leather Good and Allied Product Manufacturing 8|Page Exhibit3 NorthAmericanIndustryClassificationSystemSICCode32 321Wood Product Manufacturing Sawmills and Wood Preservation 3211 32111 Sawmills and Wood Preservation 321113 Sawmills 321114 Wood Preservation 3212Veneer, Plywood, and Engineered Wood Product Manufacturing 32121 Veneer, Plywood, and Engineered Wood Product Manufacturing 321211 Hardwood Veneer and Plywood Manufacturing 321212 Softwood Veneer and Plywood Manufacturing 321213 Engineered Wood Member (except Truss) Manufacturing 321214 Truss Manufacturing 321219 Reconstituted Wood Product Manufacturing 3219Other Wood Product Manufacturing 32191 Millwork 321911 Wood Window and Door Manufacturing 321912 Cut Stock, Resawing Lumber, and Planing 321918 Other Millwork (including Flooring) 32192 Wood Container and Pallet Manufacturing 321920 Wood Container and Pallet Manufacturing 32199 All Other Wood Product Manufacturing 321991 Manufactured Home (Mobile Home) Manufacturing 321992 Prefabricated Wood Building Manufacturing 321999 All Other Miscellaneous Wood Product Manufacturing 322Paper Manufacturing 3221Pulp, Paper, and Paperboard Mills 32211 Pulp Mills 322110 Pulp Mills 32212 Paper Mills 9|Page Exhibit3 322121 Paper (except Newsprint) Mills 322122 Newsprint Mills 32213 Paperboard Mills 322130 Paperboard Mills Converted Paper Product Manufacturing 3222 32221 Paperboard Container Manufacturing 322211 Corrugated and Solid Fiber Box Manufacturing 322212 Folding Paperboard Box Manufacturing 322213 Setup Paperboard Box Manufacturing 322214 Fiber Can, Tube, Drum, and Similar Products Manufacturing 322215 Nonfolding Sanitary Food Container Manufacturing 32222 Paper Bag and Coated and Treated Paper Manufacturing 322221 Coated and Laminated Packaging Paper Manufacturing 322222 Coated and Laminated Paper Manufacturing 322223 Coated Paper Bag and Pouch Manufacturing 322224 Uncoated Paper and Multiwall Bag Manufacturing 322225 Laminated Aluminum Foil Manufacturing for Flexible Packaging Uses 322226 Surface-Coated Paperboard Manufacturing 32223 Stationery Product Manufacturing 322231 Die-Cut Paper and Paperboard Office Supplies Manufacturing 322232 Envelope Manufacturing 322233 Stationery, Tablet, and Related Product Manufacturing 32229 Other Converted Paper Product Manufacturing 322291 Sanitary Paper Product Manufacturing 322299 All Other Converted Paper Product Manufacturing 323Printing and Related Support Activities 3231Printing and Related Support Activities 32311 Printing 323110 Commercial Lithographic Printing 323111 Commercial Gravure Printing 323112 Commercial Flexographic Printing 10|Page Exhibit3 323113 Commercial Screen Printing 323114 Quick Printing 323115 Digital Printing 323116 Manifold Business Forms Printing Books Printing 323117 323118 Blankbook, Looseleaf Binders, and Devices Manufacturing 323119 Other Commercial Printing 32312 Support Activities for Printing 323121 Tradebinding and Related Work 323122 Prepress Services 324Petroleum and Coal Products Manufacturing 3241Petroleum and Coal Products Manufacturing 32411 Petroleum Refineries 324110 Petroleum Refineries 32412 Asphalt Paving, Roofing, and Saturated Materials Manufacturing 324121 Asphalt Paving Mixture and Block Manufacturing 324122 Asphalt Shingle and Coating Materials Manufacturing 32419 Other Petroleum and Coal Products Manufacturing 324191 Petroleum Lubricating Oil and Grease Manufacturing 324199 All Other Petroleum and Coal Products Manufacturing 325Chemical Manufacturing 3251Basic Chemical Manufacturing 32511 Petrochemical Manufacturing 325110 Petrochemical Manufacturing 32512 Industrial Gas Manufacturing 325120 Industrial Gas Manufacturing 32513 Synthetic Dye and Pigment Manufacturing 325131 Inorganic Dye and Pigment Manufacturing 325132 Synthetic Organic Dye and Pigment Manufacturing 32518 Other Basic Inorganic Chemical Manufacturing 325181 Alkalies and Chlorine Manufacturing 11|Page Exhibit3 325182 Carbon Black Manufacturing 325188 All Other Basic Inorganic Chemical Manufacturing 32519 Other Basic Organic Chemical Manufacturing 325191 Gum and Wood Chemical Manufacturing Cyclic Crude and Intermediate Manufacturing 325192 325193 Ethyl Alcohol Manufacturing 325199 All Other Basic Organic Chemical Manufacturing 3252Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing 32521 Resin and Synthetic Rubber Manufacturing 325211 Plastics Material and Resin Manufacturing 325212 Synthetic Rubber Manufacturing 32522 Artificial and Synthetic Fibers and Filaments Manufacturing 325221 Cellulosic Organic Fiber Manufacturing 325222 Noncellulosic Organic Fiber Manufacturing 3253Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing 32531 Fertilizer Manufacturing 325311 Nitrogenous Fertilizer Manufacturing 325312 Phosphatic Fertilizer Manufacturing 325314 Fertilizer (Mixing Only) Manufacturing 32532 Pesticide and Other Agricultural Chemical Manufacturing 325320 Pesticide and Other Agricultural Chemical Manufacturing 3254Pharmaceutical and Medicine Manufacturing 32541 Pharmaceutical and Medicine Manufacturing 325411 Medicinal and Botanical Manufacturing 325412 Pharmaceutical Preparation Manufacturing 325413 In-Vitro Diagnostic Substance Manufacturing 325414 Biological Product (except Diagnostic) Manufacturing 3255Paint, Coating, and Adhesive Manufacturing 32551 Paint and Coating Manufacturing 325510 Paint and Coating Manufacturing 12|Page Exhibit3 32552 Adhesive Manufacturing 325520 Adhesive Manufacturing 3256Soap, Cleaning Compound, and Toilet Preparation Manufacturing 32561 Soap and Cleaning Compound Manufacturing Soap and Other Detergent Manufacturing 325611 325612 Polish and Other Sanitation Good Manufacturing 325613 Surface Active Agent Manufacturing 32562 Toilet Preparation Manufacturing 325620 Toilet Preparation Manufacturing 3259Other Chemical Product and Preparation Manufacturing 32591 Printing Ink Manufacturing 325910 Printing Ink Manufacturing 32592 Explosives Manufacturing 325920 Explosives Manufacturing 32599 All Other Chemical Product and Preparation Manufacturing 325991 Custom Compounding of Purchased Resins 325992 Photographic Film, Paper, Plate, and Chemical Manufacturing 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing 326Plastics and Rubber Products Manufacturing 3261Plastics Product Manufacturing 32611 Plastics Packaging Materials and Unlaminated Film and Sheet Manufacturing 326111 Plastics Bag and Pouch Manufacturing 326112 Plastics Packaging Film and Sheet (including Laminated) Manufacturing 326113 Unlaminated Plastics Film and Sheet (except Packaging) Manufacturing 32612 Plastics Pipe, Pipe Fitting, and Unlaminated Profile Shape Manufacturing 326121 Unlaminated Plastics Profile Shape Manufacturing 326122 Plastics Pipe and Pipe Fitting Manufacturing 32613 Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing 326130 Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing 32614 Polystyrene Foam Product Manufacturing 13|Page Exhibit3 326140 Polystyrene Foam Product Manufacturing 32615 Urethane and Other Foam Product (except Polystyrene) Manufacturing 326150 Urethane and Other Foam Product (except Polystyrene) Manufacturing 32616 Plastics Bottle Manufacturing Plastics Bottle Manufacturing 326160 32619 Other Plastics Product Manufacturing 326191 Plastics Plumbing Fixture Manufacturing 326192 Resilient Floor Covering Manufacturing 326199 All Other Plastics Product Manufacturing 3262Rubber Product Manufacturing 32621 Tire Manufacturing 326211 Tire Manufacturing (except Retreading) 326212 Tire Retreading 32622 Rubber and Plastics Hoses and Belting Manufacturing 326220 Rubber and Plastics Hoses and Belting Manufacturing 32629 Other Rubber Product Manufacturing 326291 Rubber Product Manufacturing for Mechanical Use 326299 All Other Rubber Product Manufacturing 327Nonmetallic Mineral Product Manufacturing 3271Clay Product and Refractory Manufacturing 32711 Pottery, Ceramics, and Plumbing Fixture Manufacturing 327111 Vitreous China Plumbing Fixture and China and Earthenware Bathroom Accessories Manufacturing 327112 Vitreous China, Fine Earthenware, and Other Pottery Product Manufacturing 327113 Porcelain Electrical Supply Manufacturing 32712 Clay Building Material and Refractories Manufacturing 327121 Brick and Structural Clay Tile Manufacturing 327122 Ceramic Wall and Floor Tile Manufacturing 327123 Other Structural Clay Product Manufacturing 327124 Clay Refractory Manufacturing 327125 Nonclay Refractory Manufacturing 14|Page Exhibit3 3272Glass and Glass Product Manufacturing 32721 Glass and Glass Product Manufacturing 327211 Flat Glass Manufacturing 327212 Other Pressed and Blown Glass and Glassware Manufacturing Glass Container Manufacturing 327213 327215 Glass Product Manufacturing Made of Purchased Glass 3273Cement and Concrete Product Manufacturing 32731 Cement Manufacturing 327310 Cement Manufacturing 32732 Ready-Mix Concrete Manufacturing 327320 Ready-Mix Concrete Manufacturing 32733 Concrete Pipe, Brick, and Block Manufacturing 327331 Concrete Block and Brick Manufacturing 327332 Concrete Pipe Manufacturing 32739 Other Concrete Product Manufacturing 327390 Other Concrete Product Manufacturing 3274Lime and Gypsum Product Manufacturing 32741 Lime Manufacturing 327410 Lime Manufacturing 32742 Gypsum Product Manufacturing 327420 Gypsum Product Manufacturing 3279Other Nonmetallic Mineral Product Manufacturing 32791 Abrasive Product Manufacturing 327910 Abrasive Product Manufacturing 32799 All Other Nonmetallic Mineral Product Manufacturing 327991 Cut Stone and Stone Product Manufacturing 327992 Ground or Treated Mineral and Earth Manufacturing 327993 Mineral Wool Manufacturing 327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing 15|Page Exhibit3 NorthAmericanIndustryClassificationSystemSICCode33 331Primary Metal Manufacturing Iron and Steel Mills and Ferroalloy Manufacturing 3311 33111 Iron and Steel Mills and Ferroalloy Manufacturing 331111 Iron and Steel Mills Electrometallurgical Ferroalloy Product Manufacturing 331112 3312Steel Product Manufacturing from Purchased Steel 33121 Iron and Steel Pipe and Tube Manufacturing from Purchased Steel 331210 Iron and Steel Pipe and Tube Manufacturing from Purchased Steel 33122 Rolling and Drawing of Purchased Steel 331221 Rolled Steel Shape Manufacturing 331222 Steel Wire Drawing 3313Alumina and Aluminum Production and Processing 33131 Alumina and Aluminum Production and Processing 331311 Alumina Refining 331312 Primary Aluminum Production 331314 Secondary Smelting and Alloying of Aluminum 331315 Aluminum Sheet, Plate, and Foil Manufacturing 331316 Aluminum Extruded Product Manufacturing 331319 Other Aluminum Rolling and Drawing 3314Nonferrous Metal (except Aluminum) Production and Processing 33141 Nonferrous Metal (except Aluminum) Smelting and Refining 331411 Primary Smelting and Refining of Copper 331419 Primary Smelting and Refining of Nonferrous Metal (except Copper and Aluminum) 33142 Copper Rolling, Drawing, Extruding, and Alloying 331421 Copper Rolling, Drawing, and Extruding 331422 Copper Wire (except Mechanical) Drawing 331423 Secondary Smelting, Refining, and Alloying of Copper 33149 Nonferrous Metal (except Copper and Aluminum) Rolling, Drawing, Extruding, and Alloying 16|Page Exhibit3 331491 Nonferrous Metal (except Copper and Aluminum) Rolling, Drawing, and Extruding 331492 Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum) 3315Foundries 33151 Ferrous Metal Foundries 331511 Iron Foundries 331512 Steel Investment Foundries 331513 Steel Foundries (except Investment) 33152 Nonferrous Metal Foundries 331521 Aluminum Die-Casting Foundries 331522 Nonferrous (except Aluminum) Die-Casting Foundries 331524 Aluminum Foundries (except Die-Casting) 331525 Copper Foundries (except Die-Casting) 331528 Other Nonferrous Foundries (except Die-Casting) 332Fabricated Metal Product Manufacturing 3321Forging and Stamping 33211 Forging and Stamping 332111 Iron and Steel Forging 332112 Nonferrous Forging 332114 Custom Roll Forming 332115 Crown and Closure Manufacturing 332116 Metal Stamping 332117 Powder Metallurgy Part Manufacturing 3322Cutlery and Handtool Manufacturing 33221 Cutlery and Handtool Manufacturing 332211 Cutlery and Flatware (except Precious) Manufacturing 332212 Hand and Edge Tool Manufacturing 332213 Saw Blade and Handsaw Manufacturing 332214 Kitchen Utensil, Pot, and Pan Manufacturing 3323Architectural and Structural Metals Manufacturing 33231 Plate Work and Fabricated Structural Product Manufacturing 17|Page Exhibit3 332311 Prefabricated Metal Building and Component Manufacturing 332312 Fabricated Structural Metal Manufacturing 332313 Plate Work Manufacturing 33232 Ornamental and Architectural Metal Products Manufacturing Metal Window and Door Manufacturing 332321 332322 Sheet Metal Work Manufacturing 332323 Ornamental and Architectural Metal Work Manufacturing 3324Boiler, Tank, and Shipping Container Manufacturing 33241 Power Boiler and Heat Exchanger Manufacturing 332410 Power Boiler and Heat Exchanger Manufacturing 33242 Metal Tank (Heavy Gauge) Manufacturing 332420 Metal Tank (Heavy Gauge) Manufacturing 33243 Metal Can, Box, and Other Metal Container (Light Gauge) Manufacturing 332431 Metal Can Manufacturing 332439 Other Metal Container Manufacturing 3325Hardware Manufacturing 33251 Hardware Manufacturing 332510 Hardware Manufacturing 3326Spring and Wire Product Manufacturing 33261 Spring and Wire Product Manufacturing 332611 Spring (Heavy Gauge) Manufacturing 332612 Spring (Light Gauge) Manufacturing 332618 Other Fabricated Wire Product Manufacturing 3327Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing 33271 Machine Shops 332710 Machine Shops 33272 Turned Product and Screw, Nut, and Bolt Manufacturing 332721 Precision Turned Product Manufacturing 332722 Bolt, Nut, Screw, Rivet, and Washer Manufacturing 3328Coating, Engraving, Heat Treating, and Allied Activities 33281 Coating, Engraving, Heat Treating, and Allied Activities 18|Page Exhibit3 332811 Metal Heat Treating 332812 Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers 332813 Electroplating, Plating, Polishing, Anodizing, and Coloring 3329Other Fabricated Metal Product Manufacturing 33291 Metal Valve Manufacturing 332911 Industrial Valve Manufacturing 332912 Fluid Power Valve and Hose Fitting Manufacturing 332913 Plumbing Fixture Fitting and Trim Manufacturing 332919 Other Metal Valve and Pipe Fitting Manufacturing 33299 All Other Fabricated Metal Product Manufacturing 332991 Ball and Roller Bearing Manufacturing 332992 Small Arms Ammunition Manufacturing 332993 Ammunition (except Small Arms) Manufacturing 332994 Small Arms Manufacturing 332995 Other Ordnance and Accessories Manufacturing 332996 Fabricated Pipe and Pipe Fitting Manufacturing 332997 Industrial Pattern Manufacturing 332998 Enameled Iron and Metal Sanitary Ware Manufacturing 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 333Machinery Manufacturing 3331Agriculture, Construction, and Mining Machinery Manufacturing 33311 Agricultural Implement Manufacturing 333111 Farm Machinery and Equipment Manufacturing 333112 Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing 33312 Construction Machinery Manufacturing 333120 Construction Machinery Manufacturing 33313 Mining and Oil and Gas Field Machinery Manufacturing 333131 Mining Machinery and Equipment Manufacturing 333132 Oil and Gas Field Machinery and Equipment Manufacturing 3332Industrial Machinery Manufacturing 19|Page Exhibit3 33321 Sawmill and Woodworking Machinery Manufacturing 333210 Sawmill and Woodworking Machinery Manufacturing 33322 Plastics and Rubber Industry Machinery Manufacturing 333220 Plastics and Rubber Industry Machinery Manufacturing Other Industrial Machinery Manufacturing 33329 333291 Paper Industry Machinery Manufacturing 333292 Textile Machinery Manufacturing 333293 Printing Machinery and Equipment Manufacturing 333294 Food Product Machinery Manufacturing 333295 Semiconductor Machinery Manufacturing 333298 All Other Industrial Machinery Manufacturing 3333Commercial and Service Industry Machinery Manufacturing 33331 Commercial and Service Industry Machinery Manufacturing 333311 Automatic Vending Machine Manufacturing 333312 Commercial Laundry, Drycleaning, and Pressing Machine Manufacturing 333313 Office Machinery Manufacturing 333314 Optical Instrument and Lens Manufacturing 333315 Photographic and Photocopying Equipment Manufacturing 333319 Other Commercial and Service Industry Machinery Manufacturing 3334Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing 33341 Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing 333411 Air Purification Equipment Manufacturing 333412 Industrial and Commercial Fan and Blower Manufacturing 333414 Heating Equipment (except Warm Air Furnaces) Manufacturing 333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing 3335Metalworking Machinery Manufacturing 33351 Metalworking Machinery Manufacturing 333511 Industrial Mold Manufacturing 333512 Machine Tool (Metal Cutting Types) Manufacturing 20|Page Exhibit3 333513 Machine Tool (Metal Forming Types) Manufacturing 333514 Special Die and Tool, Die Set, Jig, and Fixture Manufacturing 333515 Cutting Tool and Machine Tool Accessory Manufacturing 333516 Rolling Mill Machinery and Equipment Manufacturing Other Metalworking Machinery Manufacturing 333518 3336Engine, Turbine, and Power Transmission Equipment Manufacturing 33361 Engine, Turbine, and Power Transmission Equipment Manufacturing 333611 Turbine and Turbine Generator Set Units Manufacturing 333612 Speed Changer, Industrial High-Speed Drive, and Gear Manufacturing 333613 Mechanical Power Transmission Equipment Manufacturing 333618 Other Engine Equipment Manufacturing 3339Other General Purpose Machinery Manufacturing 33391 Pump and Compressor Manufacturing 333911 Pump and Pumping Equipment Manufacturing 333912 Air and Gas Compressor Manufacturing 333913 Measuring and Dispensing Pump Manufacturing 33392 Material Handling Equipment Manufacturing 333921 Elevator and Moving Stairway Manufacturing 333922 Conveyor and Conveying Equipment Manufacturing 333923 Overhead Traveling Crane, Hoist, and Monorail System Manufacturing 333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing 33399 All Other General Purpose Machinery Manufacturing 333991 Power-Driven Handtool Manufacturing 333992 Welding and Soldering Equipment Manufacturing 333993 Packaging Machinery Manufacturing 333994 Industrial Process Furnace and Oven Manufacturing 333995 Fluid Power Cylinder and Actuator Manufacturing 333996 Fluid Power Pump and Motor Manufacturing 333997 Scale and Balance Manufacturing 333999 All Other Miscellaneous General Purpose Machinery Manufacturing 334Computer and Electronic Product Manufacturing 21|Page Exhibit3 3341Computer and Peripheral Equipment Manufacturing 33411 Computer and Peripheral Equipment Manufacturing 334111 Electronic Computer Manufacturing 334112 Computer Storage Device Manufacturing Computer Terminal Manufacturing 334113 334119 Other Computer Peripheral Equipment Manufacturing 3342Communications Equipment Manufacturing 33421 Telephone Apparatus Manufacturing 334210 Telephone Apparatus Manufacturing 33422 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing 334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing 33429 Other Communications Equipment Manufacturing 334290 Other Communications Equipment Manufacturing 3343Audio and Video Equipment Manufacturing 33431 Audio and Video Equipment Manufacturing 334310 Audio and Video Equipment Manufacturing 3344Semiconductor and Other Electronic Component Manufacturing 33441 Semiconductor and Other Electronic Component Manufacturing 334411 Electron Tube Manufacturing 334412 Bare Printed Circuit Board Manufacturing 334413 Semiconductor and Related Device Manufacturing 334414 Electronic Capacitor Manufacturing 334415 Electronic Resistor Manufacturing 334416 Electronic Coil, Transformer, and Other Inductor Manufacturing 334417 Electronic Connector Manufacturing 334418 Printed Circuit Assembly (Electronic Assembly) Manufacturing 334419 Other Electronic Component Manufacturing 3345Navigational, Measuring, Electromedical, and Control Instruments Manufacturing 33451 Navigational, Measuring, Electromedical, and Control Instruments 22|Page Exhibit3 Manufacturing 334510 Electromedical and Electrotherapeutic Apparatus Manufacturing 334511 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing 334512 Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use 334513 Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables 334514 Totalizing Fluid Meter and Counting Device Manufacturing 334515 Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals 334516 Analytical Laboratory Instrument Manufacturing 334517 Irradiation Apparatus Manufacturing 334518 Watch, Clock, and Part Manufacturing 334519 Other Measuring and Controlling Device Manufacturing 3346Manufacturing and Reproducing Magnetic and Optical Media 33461 Manufacturing and Reproducing Magnetic and Optical Media 334611 Software Reproducing 334612 Prerecorded Compact Disc (except Software), Tape, and Record Reproducing 334613 Magnetic and Optical Recording Media Manufacturing 335Electrical Equipment, Appliance, and Component Manufacturing 3351Electric Lighting Equipment Manufacturing 33511 Electric Lamp Bulb and Part Manufacturing 335110 Electric Lamp Bulb and Part Manufacturing 33512 Lighting Fixture Manufacturing 335121 Residential Electric Lighting Fixture Manufacturing 335122 Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing 335129 Other Lighting Equipment Manufacturing 3352Household Appliance Manufacturing 33521 Small Electrical Appliance Manufacturing 335211 Electric Housewares and Household Fan Manufacturing 335212 Household Vacuum Cleaner Manufacturing 23|Page Exhibit3 33522 Major Appliance Manufacturing 335221 Household Cooking Appliance Manufacturing 335222 Household Refrigerator and Home Freezer Manufacturing 335224 Household Laundry Equipment Manufacturing Other Major Household Appliance Manufacturing 335228 3353Electrical Equipment Manufacturing 33531 Electrical Equipment Manufacturing 335311 Power, Distribution, and Specialty Transformer Manufacturing 335312 Motor and Generator Manufacturing 335313 Switchgear and Switchboard Apparatus Manufacturing 335314 Relay and Industrial Control Manufacturing 3359Other Electrical Equipment and Component Manufacturing 33591 Battery Manufacturing 335911 Storage Battery Manufacturing 335912 Primary Battery Manufacturing 33592 Communication and Energy Wire and Cable Manufacturing 335921 Fiber Optic Cable Manufacturing 335929 Other Communication and Energy Wire Manufacturing 33593 Wiring Device Manufacturing 335931 Current-Carrying Wiring Device Manufacturing 335932 Noncurrent-Carrying Wiring Device Manufacturing 33599 All Other Electrical Equipment and Component Manufacturing 335991 Carbon and Graphite Product Manufacturing 335999 All Other Miscellaneous Electrical Equipment and Component Manufacturing 336Transportation Equipment Manufacturing 3361Motor Vehicle Manufacturing 33611 Automobile and Light Duty Motor Vehicle Manufacturing 336111 Automobile Manufacturing 336112 Light Truck and Utility Vehicle Manufacturing 33612 Heavy Duty Truck Manufacturing 24|Page Exhibit3 336120 Heavy Duty Truck Manufacturing 3362Motor Vehicle Body and Trailer Manufacturing 33621 Motor Vehicle Body and Trailer Manufacturing 336211 Motor Vehicle Body Manufacturing Truck Trailer Manufacturing 336212 336213 Motor Home Manufacturing 336214 Travel Trailer and Camper Manufacturing 3363Motor Vehicle Parts Manufacturing 33631 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing 336311 Carburetor, Piston, Piston Ring, and Valve Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 33632 Motor Vehicle Electrical and Electronic Equipment Manufacturing 336321 Vehicular Lighting Equipment Manufacturing 336322 Other Motor Vehicle Electrical and Electronic Equipment Manufacturing 33633 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing 336330 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing 33634 Motor Vehicle Brake System Manufacturing 336340 Motor Vehicle Brake System Manufacturing 33635 Motor Vehicle Transmission and Power Train Parts Manufacturing 336350 Motor Vehicle Transmission and Power Train Parts Manufacturing 33636 Motor Vehicle Seating and Interior Trim Manufacturing 336360 Motor Vehicle Seating and Interior Trim Manufacturing 33637 Motor Vehicle Metal Stamping 336370 Motor Vehicle Metal Stamping 33639 Other Motor Vehicle Parts Manufacturing 336391 Motor Vehicle Air-Conditioning Manufacturing 336399 All Other Motor Vehicle Parts Manufacturing 3364Aerospace Product and Parts Manufacturing 33641 Aerospace Product and Parts Manufacturing 336411 Aircraft Manufacturing 25|Page Exhibit3 336412 Aircraft Engine and Engine Parts Manufacturing 336413 Other Aircraft Parts and Auxiliary Equipment Manufacturing 336414 Guided Missile and Space Vehicle Manufacturing 336415 Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit Parts Manufacturing 336419 Other Guided Missile and Space Vehicle Parts and Auxiliary Equipment Manufacturing 3365Railroad Rolling Stock Manufacturing 33651 Railroad Rolling Stock Manufacturing 336510 Railroad Rolling Stock Manufacturing 3366Ship and Boat Building 33661 Ship and Boat Building 336611 Ship Building and Repairing 336612 Boat Building 3369Other Transportation Equipment Manufacturing 33699 Other Transportation Equipment Manufacturing 336991 Motorcycle, Bicycle, and Parts Manufacturing 336992 Military Armored Vehicle, Tank, and Tank Component Manufacturing 336999 All Other Transportation Equipment Manufacturing 337Furniture and Related Product Manufacturing 3371Household and Institutional Furniture and Kitchen Cabinet Manufacturing 33711 Wood Kitchen Cabinet and Countertop Manufacturing 337110 Wood Kitchen Cabinet and Countertop Manufacturing 33712 Household and Institutional Furniture Manufacturing 337121 Upholstered Household Furniture Manufacturing 337122 Nonupholstered Wood Household Furniture Manufacturing 337124 Metal Household Furniture Manufacturing 337125 Household Furniture (except Wood and Metal) Manufacturing 337127 Institutional Furniture Manufacturing 337129 Wood Television, Radio, and Sewing Machine Cabinet Manufacturing 3372Office Furniture (including Fixtures) Manufacturing 26|Page Exhibit3 33721 Office Furniture (including Fixtures) Manufacturing 337211 Wood Office Furniture Manufacturing 337212 Custom Architectural Woodwork and Millwork Manufacturing 337214 Office Furniture (except Wood) Manufacturing Showcase, Partition, Shelving, and Locker Manufacturing 337215 3379Other Furniture Related Product Manufacturing 33791 Mattress Manufacturing 337910 Mattress Manufacturing 33792 Blind and Shade Manufacturing 337920 Blind and Shade Manufacturing 339Miscellaneous Manufacturing 3391Medical Equipment and Supplies Manufacturing 33911 Medical Equipment and Supplies Manufacturing 339112 Surgical and Medical Instrument Manufacturing 339113 Surgical Appliance and Supplies Manufacturing 339114 Dental Equipment and Supplies Manufacturing 339115 Ophthalmic Goods Manufacturing 339116 Dental Laboratories 3399Other Miscellaneous Manufacturing 33991 Jewelry and Silverware Manufacturing 339911 Jewelry (except Costume) Manufacturing 339912 Silverware and Hollowware Manufacturing 339913 Jewelers Material and Lapidary Work Manufacturing 339914 Costume Jewelry and Novelty Manufacturing 33992 Sporting and Athletic Goods Manufacturing 339920 Sporting and Athletic Goods Manufacturing 33993 Doll, Toy, and Game Manufacturing 339931 Doll and Stuffed Toy Manufacturing 339932 Game, Toy, and Childrens Vehicle Manufacturing 33994 Office Supplies (except Paper) Manufacturing 339941 Pen and Mechanical Pencil Manufacturing 27|Page Exhibit3 339942 Lead Pencil and Art Good Manufacturing 339943 Marking Device Manufacturing 339944 Carbon Paper and Inked Ribbon Manufacturing 33995 Sign Manufacturing Sign Manufacturing 339950 33999 All Other Miscellaneous Manufacturing 339991 Gasket, Packing, and Sealing Device Manufacturing 339992 Musical Instrument Manufacturing 339993 Fastener, Button, Needle, and Pin Manufacturing 339994 Broom, Brush, and Mop Manufacturing 339995 Burial Casket Manufacturing 339999 All Other Miscellaneous Manufacturing 28|Page AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Economic Development ACM: Jon Fortune SUBJECT Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Mayday Holdings, LLC, setting forth the various conditions precedent to Mayday Holdings, LLC receiving the Program Grant; providing for a severability clause; and providing an effective date. BACKGROUND Mayday Manufacturing Co., Inc. is a global supplier of close tolerance, complex milled components for the aerospace, defense and homeland security markets. Founded in 1966 by the Nelson family and relocated to Denton at 1500 I-35W tactical and transport military platforms. The company serves some 800 customers in 16 countries and is a recognized and preferred supplier to Boeing, Bell Helicopter, Goodrich, GE, and many others. In 2005 the Nelsons streamlined operations by moving their Hi-Tech Metals, Inc. aerospace component anodizing and plating business into the Mayday Manufacturing facilities. Hi-Tech provides specialized component processing to Mayday Manufacturing and to other aerospace manufacturers. In June 2009, Tailwind Technologies, Inc., parent company of the renowned Hartzell aviation companies, acquired Mayday Manufacturing and Hi-Tech. Mayday Manufacturing and Hi-Tech subsidiaries under Mayday Holdings, LLC. Mayday Manufacturing and Hi-Tech employ 245 persons in Denton; 170 at Mayday and 70 at Hi-Tech. The Nelson family retained ownership of the land and buildings which they lease to Mayday Holdings, LLC. strong investment in new equipment and industry-leading operations efficiencies at Mayday Manufacturing resulted in 25% revenue growth in 2011. Solid growth plans support revenues by 2016 and necessitate expanded facilities to accommodate this growth. The company prefers a North Texas location so that they can retain and grow their current workforce to 300. Mayday Holdings is working with the owner of the former Molecular Insight building at 3100 Jim Christal to renovate and expand the facility. The site would provide sufficient land for a facility expansion anticipated within the next five years. Mayday Holdings is currently performing their due diligence at the Jim Christal site and has not yet closed on the property. The site presents strong challenges. The Molecular Agenda Information Sheet Mayday Holdings LLC, Chapter 380 Grant Agreement February 21, 2012 Page 2 building has remained vacant for several years. A former property owner re-platted the site to create two separate properties, both accessed by the Molecular entrance. Another company owns and has plans to operate on the second site. In addition to access and easement issues, the site may require the extension of a water line for increased capacity. A neighboring community is courting Mayday Holdings and has offered them very significant incentives to relocate outside of Denton. Mayday Holdings requested Mayday Manufacturing and Hi- Tech expansion/relocation in Denton at the Jim Christal site through a Chapter 380 Grant equal to seventy five percent of the increased tax revenues on the building and business personal property for a ten-year term. This could equal $387,987 over the term of the grant agreement. The grant agreement stipulates Mayday Holdings must invest a minimum of $3 million in building, site and other improvements for this project. This does not include the purchase price. In addition, they will purchase new equipment and other business personal property for the Jim Christal site with an estimated value of $5.5 million over the next five years. The agreement provides that no valuation on the existing business personal property of Mayday Manufacturing and Hi- Tech currently located at 1500 I-35W will be included in this incentive. In other words, only equipment purchased after January 1, 2012 and the increase in valuation of the 3100 Jim Cristal building subsequent to January 1, 2012 will be calculated in the incentive. RECOMMENDATION At their February 7th, 2012, meeting, the Economic Development Partnership Board (EDPB) reviewed the Mayday Holdings, LLC request to arrive at the following recommendation: The EDPB recommends approval of a Chapter 380 Grant equal to seventy five percent of the increase in property tax revenues on the improvements to the building and the new business personal property, as determined by the Denton Central Appraisal District, for a period of ten years. It is estimated that this five year investment of $8.5M, will provide a total incentive of approximately $387,987 over the ten year term of the agreement. that Mayday Holdings qualified for a 50% grant for a three year term. However, in making their recommendation, the EDPB considered the potential impact of Mayday Holdings relocating outside of Denton would result in the: Loss of 245 existing higher-wage jobs and the opportunity of adding an additional 50 higher-wage jobs. Loss of an existing $6.5M in valuation and loss of future potential valuation on the tax rolls. Agenda Information Sheet Mayday Holdings LLC, Chapter 380 Grant Agreement February 21, 2012 Page 3 Loss of a rapidly growing business industries: aerospace. Continued long-term vacancy of a property with significant challenges. the Denton LaGrone Advanced Technology Complex Machining and Pre-Engineering Academy curriculum and projects. The incentive policy allows the City Council to consider grants in excess of the guidelines. ESTIMATED SCHEDULE FOR PROJECT If approved, renovation of the facility should begin in spring 2012, with a winter 2012 / spring 2013 opening. PRIOR ACTION/REVIEW At their February 7th, 2012, meeting, the Economic Development Partnership Board (EDPB) reviewed the Mayday Holdings, LLC request and recommended approval 7-0. FISCAL INFORMATION Depending upon the increased valuation on building, parking lots and business personal property, a Chapter 380 Grant equal to seventy five percent of the increased tax revenues on the building, parking lots and business personal property could equal $387,987 over the ten-year term of the agreement. Mayday relocation/expansion outside of Denton would result in a property tax revenue loss of $577, 677 for the ten-year period, reflecting $6.5M valuation on personal property and the loss of 25% of the $8.5M expansion valuation. In addition, the City would forfeit $11M payroll and the opportunity to capture an additional $2.3M in payroll from increased employment. EXHIBITS Ordinance and Chapter 380 Agreement with Exhibits Respectfully Submitted, ____________________________ Michelle Cunningham, Business Development Officer Economic Development ______________________________ Linda Ratliff, Director Economic Development CERTIFIED RESOLUTION I, Matthew L. Jesch, hereby certify that I am Vice President of HI-TECH METALS, INC., a Texas corporation, and thai the following is a true copy of certain resolutions duly adopted by the Board of Directors of the Corporation by certificate of action in writing in lieu of ineeting dated February �'� �, 2012, viz: BE IT RESOLVED, that the Chief Executive Officer of the Corporation be, and is hereby, authorized to negotiate the terms of an Economic Development Program Grant Agreement with the City of Denton upon such terms and conditions as the Chief Executive Officer, in his sole discretion, shall deem appropriate. BE IT FURTHER RESOLVED, that the Chief Executive Ofiicer of the Corporation be, and is hereby, authorized to execute on behali of the Corporation an Economic Development Program Grant Agreement with the City of Denton. BE IT FURTHER RESOLVED, that the Chief Executive Officer of the Corporation be, and is hereby, authorized to exeeute such additional documents and take such further action as may be required on behalf of the Corporation under the terms of the Economic Development Program Grant Agreement. I further certify that the proceedings were in accordance with the Articles of Tncorporation, Regulations and Bylaws of the Corporation. I further certify that the foregoing resolutions have not been rescinded or changed but are now in full force and effect. I further certify that the following are the duly elected, qualified and acting officers of the Corporation as appears on the corporate records thereof, viz: Randy Kernpf James W. Brown III Joseph W. Brown Matthew L. Jesch Christopher E. Hypes Cheryl Whiteman Doug Wulf Floyd Pittman Netzer Maoz David F. Whiteman Chief Executive Officer Executive Vice President Vice President Vice President Vice President, Finance Controller Vice President, Operations Vice President, Quality Vice President, Business Systems Executive Vice President, Sales & Marketing � IN WITNESS WHEREOF, I have hereunto set my hand this r� day of February, 2012. , � �� �� �� �. : �°� � � ..��-.� Matthew L. Jesch AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Planning & Development ACM: Fred Greene SUBJECT Consider approval of a resolution by the City Council of the City of Denton, Texas, in connection with the development stated in the tax credit application submitted by the AMCAL Multi-Housing Inc. to the Texas Department of Housing and Community Affairs for the development of the Villages at Elk River, an affordable Elderly Housing facility BACKGROUND AMCAL Multi-Housing, Inc. recently submitted a pre-application to the Texas Department of Housing and Community Affairs (TDHCA) for a Housing Tax Credit (HTC) program allocation to develop senior housing on approximately 6.9 acres west of I-35 and north of Cinemark 14 in Unicorn Lake. The subject 6.9-acre site is currently zoned Regional Center Commercial Downtown (RCCD). The Villages at Elk River development will consist of 160 units, of which, approximately 144 units will be for low-income senior tenants. Due to the fact that the City of Denton currently has twice the State average of HTC units per capita, approval of the development by City Council is required by T scoring procedures for the HTC application process. The Villages at Elk River proposal states that 70% of the units will be one-bedroom/one-bath units and 30% will be two-bedroom/two-bath units. Below is a chart showing the tenant income levels for a single-person household that will be served by the development: Percentage of Units 10% 40% 50% Percentage of Area 30% AMI 50% AMI 60% AMI Median Income (AMI) Income Level $14,750* $24,550* $29,460* The proposed development will comply with all applicable accessibility standards and will be affirmatively marketed to veterans. Common amenities that will be included are full perimeter fencing with controlled gate access, gazebo with sitting area, fitness center, business center, community center and green amenities that promote energy and water conservation. Due to the fact that the City of Denton currently has twice the State average per capita of HTC units, the City Council must approve a resolution in support of the application. DISCUSSION In a document submitted to the City from Donna Rickenbacker of Marque Real Estate Consultants (hereto attached as Exhibit 1), it is stated that the proposed elder housing development will be an Elderly Housing, Life Care Housing and Services facility. This use is permitted in the RCCD zoning district by right. However, after reading the services that are that what is being proposed in more consistent with a Congregate Care facility, as defined by Sub-Chapter 23 of the DDC. Sub-Chapter 23 of the DDC defines Elder Housing as: A structure licensed by the Texas Department of Aging and Disability, eighty percent (80%) of whose occupants are fifty five (55) years of age and older, and that meets the definition of one of the three (3) uses listed below: Elderly Housing, Assisted Living: 1.Services in these establishments include assistance with daily activities, such as dressing, grooming, bathing, etc.; Elderly Housing, Congregate Care Facility: 2.A facility for long-term residence generally for persons 55 years of age or older, and which shall include, without limitation, common dining, social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which shall include at least two of the following: meals services, transportation, housekeeping, linen, and organized social activities; or Elderly Housing, Life Care Housing and Services: 3.A residential complex, which may contain multi-family dwellings, attached dwellings, single-family dwelling and other types of dwellings and structures designed for and principally occupied by senior citizens. Such facilities will include one of the following: a congregate meals program in a common dining area, assisted living housing, nursing home facilities, congregate care facilities, or medical facilities. On February 16, 2012, staff conducted a conference call with Donna Rickenbacker and et al to gain additional insight of the proposed development. Based on the discussions, it appeared that IS NOT the proposed development an Elderly Housing development as defined by the DDC, but an age restricted multi-family development with enhanced services (organized social activities and transportation) for tenants with limited income. Per Sub-Chapter 5 of the DDC, a multi-family development is permitted in the RCCD zoning district via Limitations 4 and 6 (L(6) and L(4)). In accordance with L(4), a multi-family development is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. 2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. In this instance, options 2-5 are not applicable as the subject property is not a part of a Master Plan Development; is not a part of a Mixed-Use Development; did not receive zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005- 224, which created L(4); and is not within a City Council approved neighborhood (small area) plan. Therefore, an SUP is required to construct the proposed multi-family development. nd In accordance with L(6), a multi-family development is story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail usThe proposed site of the proposed Villages at Elk River development is not located along an avenue, collector, or arterial street; hence, the structure in which this proposed multi-family use is to contained is not required to have office or retail uses on the ground floor. However, the ground floor of the structure must be occupied by some other commercial use(s) permitted by the RCCD zoning district. Taking into consideration the current applicability of L(4) and L(6), the proposed multi-family development may only be permitted at the proposed location under the current zoning district via AND an SUP, the ground floor of the development must be occupied by at least one (1) commercial use permitted by the RCCD zoning district. REVITALIZATION Staff understands that the Applicant will be seeking a Community Revitalization point. The Applicant anticipates that action by the Council approving these resolutions will establish the area for revitalization and thus help them qualify for the additional point. If the Council approves these resolutions, a signed letter will be submitted to the TDHCA stating that this area has been identified for revitalization. To qualify for this point, per Section (A) of the requirements stated below, the site of the proposed development must be within a community revitalization plan that was approved via a public hearing process, either by ordinance, resolution or other vote by the City Council. There is not a community revitalization plan approved for the subject area. Community Revitalization (§42(m)(1)(C)(iii)) or Historic Preservation. Applications may qualify to receive (1 point) under subparagraph (A) or (B) of this paragraph. The purpose of this scoring item is to provide an incentive for community transformation (including Qualified Census Tracts) by utilizing already existing capacities and providing long-term improvements to specific geographic areas as well as preserving federal or state designated historic buildings. (A) Any Development, regardless of whether located in a Qualified Census Tract that is part of a community revitalization plan. To qualify for these points a letter from the Appropriate Local Official must be submitted affirming that the Development is located within the specific geographic area covered by the plan, that the plan is not a Consolidated Plan or other Economic Development Plan or city-wide plan, the plan has been approved or adopted by ordinance, resolution, or other vote by the Governing Body with jurisdiction over the area covered by the plan (or, if such body has delegated that responsibility to another body by resolution, ordinance, or other vote, the body to which the responsibility was delegated) in a process that allows for public input and/or comment. OPTIONS 1.Approve resolution for submission of final application to TDHCA by AMCAL Multi- Housing. 2.Deny approval of resolution and submission of the final application. RECOMMENDATION The Applicant may develop the subject site with an Elder Housing or Multi-Family development in accordance with the Denton Development Code. The staff will continue to research the requirements of the TDHCA and those of the City of Denton and will make a final recommendation to Council prior to action of the City Council on February 21. EXHIBITS 1.Zoning Letter from Donna Rickenbacker 2.Site Map/Zoning Map 3.Resolution, Villages of Elk River 4.Resolution, New Development Respectfully submitted: ______________________________ Fred Greene Assistant City Manager Prepared by: _______________________ Mark A. Cunningham, AICP, CPM Director of Planning and Development RCC-D RCC-D RCC-D RCC-N RCR-1 NRMU NR-2 RCC-N RCC-D RCR-2 RCR-1 RCR-1 RCR-2 NR-3 RCC-N RCC-N NR-2 NR-3 RCC-D NR-3 NR-4 RCR-1 NR-2 SITE NR-3 RCC-D NR-3 NRMU NR-4 NR-3 RCC-D RCC-N NR-3 NRMU NR-4 NR-3 NR-4 BRIGHTON NRMU RCC-N NRMU-12 NR-3 NR-4 NRMU-12 NRMU NR-2 PD NRMU NRMU NRMU-12 NR-4 february 2012\february 21 - 2012\village of elk river \\codad\global\agendas\neighborhood svcs\2012 agenda items\ tax credit housing\villiages as elk river resolution.docx RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, FOR SATISFYING SECTION 50.8(2)(A) OF THE TEXAS ADMINISTRATIVE CODE CAPITA SUPPORTED BY HOUSING TAX CREDITS AND PROVIDING AN EFFECTIVE DATE. for affordable rental housing targeted for the senior population on 6.926 acres west of I-35E and north of Cinemark 14 at Unicorn Lake, in the City and Cou analysis of the proposed development; however, to date, the Applicant has not filed with the City a formal application for the development; and WHEREAS, the Applicant intends to submit an application to the Texas Department of ) for 2012 Housing Tax Credits for the proposed dev WHEREAS, pursuant to Section 50.8(2)(A) of the Texas Administrative Code, the City acknowledges it has more than twice the state average of units per capita supported by Housing Tax Credit; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals stated hereinabove are incorporated into this Resolution. SECTION 2. The City hereby supports development which complies with all City of Denton zoning, development, and construction ordinances, and supports the allocation of Housing Tax Credits for any such development. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2012. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY february 2012\february 21 - 2012\village of elk river \\codad\global\agendas\neighborhood svcs\2012 agenda items\ tax credit housing\villiages as elk river resolution.docx BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: __________________________________ Page 2 february 2012\february 21 - 2012\village of elk river \\codad\global\agendas\neighborhood svcs\2012 agenda items\ tax credit housing\new development resolution.docx RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, DESIGNATING AN AREA IN THE CITY OF DENTON FOR DEVELOPMENT OF ELDERLY HOUSING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, need of revitalization and new development; and WHEREAS, the City will benefit from developing certain areas of the City and supports community transformation, revitalization, and new development efforts in areas that will preserve, strengthen, and enhance the creation of new neighborhoods and will stabilize and improve property values; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals stated hereinabove are incorporated into this Resolution. SECTION 2. The City finds that it is in the public interest to encourage and support community transformation and development activity so long as the activity: A. Preserves, promotes, and enhances the quality of life and values of surrounding properties and neighborhoods without financial incentives; and B. Any development supports the goals and objectives of the City as set forth in the Denton Plan 1999-2020 Comprehensive Plan of the City of Denton and meets the requirements of all zoning, use, and building restrictions set forth in all ordinances of the City. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2012. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: february 2012\february 21 - 2012\village of elk river \\codad\global\agendas\neighborhood svcs\2012 agenda items\ tax credit housing\new development resolution.docx ANITA BURGESS, CITY ATTORNEY BY: __________________________________ Page 2 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities, 349-8232 ______________________________________________________________________________ SUBJECT Consider adopting an ordinance amending the Water Conservation And Drought Contingency Plan of the City Of Denton, Texas previously adopted by the City Council in Ordinance No. nd 2009-134 enacted on the 2 Day of June, 2009regarding only Sections 6.6 and 6.7 thereof; amending the drought and emergency response stages of the Water Conservation And Drought Contingency Plan; amending the enforcement provisions of mandatory restrictions of the Water Conservation and Drought Contingency Plan; providing for the stages of enforcement for violators of the plan; providing for administrative fees to be charged to violators for certain violations of the plan; providing a criminal penalty not to exceed $2,000 per violation of the plan; providing a civil penalty not to exceed $1,000 per day per violation of the plan; providing civil legal remedies for the City Of Denton, Texas; providing a savings clause; providing a severability clause; and providing an effective date. BACKGROUND The City of Denton adopted its original Water Conservation and Drought Contingency Plan on December 7th, 1999. At the time, the Plan was designed to match Dallas Water Utilities Drought Contingency Plan. As both Denton and Dallas updated their plans, the Dallas Drought Plan measures became stricter while Denton’s Drought Plan retained the relatively unchanged. The main purpose of the current Plan update is to align the actions in Denton's Drought Contingency Plan with the actions in the current Dallas Drought Contingency plan. Council has previously been briefed on the changes to the Drought Contingency Plan. The major change is a shift from voluntary irrigation restrictions in Stages 1 and 2 to mandatory 2-day-a- week irrigation in Stage 1 and 1-day-a-week irrigation in Stage 2; and from mandatory 2-day-a- week irrigation in Stage 3 to mandatory 1-day-a-week irrigation by hand only. Based upon review of other cities' enforcement plans and suggestions by the City's legal department, staff also proposed a codified fee and fine schedule for Plan enforcement. Versions of this schedule were presented to Council during work session on January 10, 2012; to Public Utilities Board on January 23, 2012; and to Council during work session on February 7, 2012. Based upon Council input during the February 7 work session presentation, staff revised the fee and fine system to be tiered by Drought Response Stage to ensure effective penalties are in the Plan for more severe drought management stages. This was intended to emphasize education in earlier Drought Stages and emphasized enforcement in later Drought Stages. AIS – PUB Agenda Item # January 23, 2012 Page 2 of 3 The Drought Contingency Plan update presented for approval incorporates feedback from Council and staff regarding the proposed fee and fine schedule. The revised schedule tiers fees and fines according to meter size as before, but also increased fines and fees in successive Drought Stages. The table in Exhibit 1 shows the previous proposal and the revised fee and fine proposal. In Stage 1, two warnings would be given before fees are assessed instead of one warning under the previous proposal. The fifth violation in the previous 12 months would be referred to the municipal court for assessment of fines up to $2,000 per day that the offense occurs. Based on the City Attorney's suggestion that we give the Municipal Judge latitude in determining fines based upon the facts of the specific case, we have referred to the existing language in the current Plan that caps fines at $2,000, the statutory cap for Class C misdemeanors, instead of prescribing the fine as in the previous proposal. In Stage 2, one warning would be given before fees are assessed. The fourth violation in the previous 12 months would be referred to the municipal court for assessment of fines up to $2,000. In Stage 3, fees would double. The fourth violation in the previous 12 months would be referred to the municipal court for assessment of fines up to $2,000. In Stage 4, fees would double again. The fourth violation in the previous 12 months would be referred to the municipal court for assessment of fines up to $2,000. Violations would accumulate across stages of the plan and be counted for 12 months from the first offense. Besides changes to the fee and fine schedule, the previously proposed Drought Contingency Plan updates are unchanged and intended to align Denton's Plan with the updated Dallas Water Utilities Plan. Changes are contained in a redlined version of the existing Drought Contingency Plan attached as Exhibit 2. OPTIONS 1. Approve the proposed ordinance updating the Drought Contingency Plan. 2. Deny the proposed ordinance updating the Drought Contingency Plan and provide further feedback on desired changes. RECOMMENDATION Staff recommends adoption of the proposed ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB was previously briefed on drought conditions and proposed changes to the Drought Contingency Plan on December 17, 2011. Council was previously briefed on drought conditions and proposed changes to the Drought Contingency Plan on January 10, 2012. AIS – PUB Agenda Item # January 23, 2012 Page 3 of 3 PUB recommended approval of the revised Drought Contingency Plan by a vote of 5-0 on January 23, 2012. Council was previously briefed on drought conditions and the latest proposed changes to the Drought Contingency Plan on February 7, 2012. EXHIBITS 1.Table summarizing previous and revised fee and fine schedules 2.2009 Drought Contingency Plan to match 2010 Dallas Water Utilities Plan 3.Ordinance Respectfully submitted: Tim Fisher Assistant Director, Water Utilities EXHIBIT2 CITYOFDENTON,TEXAS April2009WaterConservationandDroughtContingencyPlan (updatedFebruary2011) 6.6DroughtandEmergencyResponseStages 6.6.1Stage1,Mild 6.6.1.1TriggeringAndTerminationConditionsForStage1,Mild 6.6.1.1.1 TypeA WaterManagementCondition Totalrawwatersupplyin(1)DentonandDallasconnectedlakes(eastandwest);or(2)westernconnectedlakes; or(3)easternconnectedlakesdropsbelow65%ofthetotalconservationstorageofthelakes 6.6.1.1.2 TypeB WaterManagementCondition Waterdemandreachesorexceeds85%ofdeliverycapacityforfour(4)consecutivedays 6.6.1.1.3 TypeC WaterManagementCondition Waterdemandapproachesareduceddeliverycapacityforallorpartofthesystem,asdeterminedbyDWU RequirementsforTermination: Stage1maybeterminatedwhenStage1conditionsnolongerexistandwouldbeunlikelytorecurupon termination. 6.6.1.2GoalForUseReductionsAndActionsAvailableUnderStage1,Mild ThegoalforwaterusereductionunderStage1,Mild,isa5percentreductionoftheusethatwouldhave occurredintheabsenceofdroughtcontingencymeasures.TheDirectorofWaterUtilitiesoradesigneecan ordertheimplementationofanyoftheactionslistedbelow,orotheractionsnotlisted,asdeemednecessary: AllWaterUsers (a)Requirethatalllandscapewateringbelimitedtothedayofweekschedulebetweenthehoursof6:00 PMto10:00AMandnotviolatetherestrictionsagainstirrigationwasteinSections1Band1Cofthe Stage11 WaterWasteOrdinanceinAppendixG.Irrigationoflandscapedareaswithhoseendsprinklers, automaticirrigationsystems,soakerhoses,dripirrigationsystems,handheldhosesandfaucetfilled bucketsshouldbelimitedtoSundaysandThursdaysforcustomerswithastreetaddressendinginan evennumber(0,2,4,6or8)andforlocationswithoutaddressesandlimitedtoSaturdaysand Wednesdaysforwatercustomerswithastreetaddressendinginanoddnumber(1,3,5,7or9). Apartments,officebuildingcomplexesorotherpropertycontainingmultipleaddressesmaybe identifiedbythelowestaddressnumber. (b)Encouragereductioninfrequencyofwateringnewandfirstyearlandscaping (c)Encourageonlyinitialfillingofornamentalfountains. (d)Encouragereductioninfrequencyofwashingorrinsingofvehiclesandrecommenduseof bucket/container,handheldhosewithpositiveshutoffvalveorcommercialcarwash. (e)Encouragereductioninfrequencyindrainingandrefillingofswimmingpools. (f)Encouragereductioninfrequencyofrecreationalwateruseincludinguseoffaucets,hosesorhydrants. (g)Foundationsmaybewateredonanydayoftheweekbetweenthehoursof6:00PMand10:00AM. wateredwithasoakerhoseorahandheldhoseequippedwithapositiveshutoff Foundationsmaybe nozzleonly. CityGovernment (a)StaffwillbeginreviewoftheproblemsinitiatingStage1actionsandwillidentifypossiblesolutionsto addressthewatershortage. (b)Initiatepubliceducationcampaignteachingandencouragingreducedwaterusepractices. (c)Intensifynormalleakdetectionandrepairactivitiesonwaterpipesandmains. (d)Encouragereductionofwateruseincityownedornamentalfountains. (e)Encouragereductioninlandscapeusesforparks. (f)Onlyflushnewlyconstructedmainsandmainsthatareessentialforwaterqualitymaintenance. CommercialCustomers (a)Identifyandencouragevoluntaryreductionmeasuresbyhighvolumewaterusersthroughwateruse audits. (b)Encouragereductioninlandscapeusesforparks. (c)Encouragereductioninwateruseforlandscapenurserystock. (d)Requiredayofweeklandscapewateringscheduleforgolfcourses. servecustomerswaterbyrequestonly. (e)Encouragearearestaurantsto Stage12 (f)Encouragehotel/motelstorequestmultipledaypatronstoreuselinensinsteadofchangingeveryday. InterruptibleCustomers (a)Reduceusageforinterruptiblecustomerspercontractterms. WholesaleCustomerCities (a)Encourageimplementationoflikeproceduresbywholesalecustomers. Notifications CityofDenton NotifymajorCitydepartments,bytelephoneandfollowupmemo,ofWaterAwarenessStage#1and requestvoluntarywaterusereduction. Stressvoluntaryeliminationofnonessentialuses. ExternalCustomers Issuepressrelease,radioandvideopublicserviceannouncementtoareamediadescribingWater AwarenessStage#1andthevoluntaryrestrictionsthatapply. DistributewaterconservationmaterialstoDentonIndependentSchoolDistrict,UNT,TWUand communitygroupsifappropriate PostWaterAwarenessnoticesatpublicbuildingsincludingcitybuildings,countybuildingsandthe federalpostoffice. Encouragereductionofwaterusethroughthepublicationofthevoluntarylandscapewateringschedule andrequestwateringonlyduringoffpeakhours. WholesaleCustomers Advisewholesalecustomersbytelephoneandfollowupmemo,ofWaterAwarenessStage#1and requestvoluntarywaterusereductionconsistentwithactionstakenbytheCityofDenton. PenaltiesInitiatefeesandfinesasspecifiedbelowinthisPlanforanyviolationoftheDrought ContingencyPlan. Stage13 6.6.2Stage2,Moderate 6.6.2.1TriggeringConditionsForStage2,Moderate 6.6.2.1.1 TypeA WaterManagementCondition Totalrawwatersupplyin(1)DentonandDallasconnectedlakes(eastandwest);or(2)westernconnectedlakes; or(3)easternconnectedlakesdropsbelow55%ofthetotalconservationstorage 6.6.2.1.2 TypeB WaterManagementCondition Waterdemandreachesorexceeds90%ofdeliverycapacityforthree(3)consecutivedays 6.6.2.1.3 TypeC WaterManagementCondition Waterdemandequalsareduceddeliverycapacityforallorpartofthesystem,asdeterminedbyDWU RequirementsforTermination: Stage2maybeterminatedwhenStage2conditionsnolongerexistandwouldbeunlikelytorecurupon termination. 6.6.2.2GoalForUseReductionAndActionsAvailableUnderStage2,Moderate ThegoalforwaterusereductionunderStage2,Moderate,isa15percentreductionoftheusethatwouldhave occurredintheabsenceofdroughtcontingencymeasures.TheDirectorofWaterUtilitiesoradesigneecan ordertheimplementationofanyoftheactionslistedbelow,orotheractionsnotlisted,asdeemednecessary: AllWaterUsers (a)Requirethatalllandscapewateringbelimitedtothedayofweekschedulebetweenthehoursof6:00 PMto10:00AMandnotviolatetherestrictionsagainstirrigationwasteinSections1Band1Cofthe WaterWasteOrdinanceinAppendixG.Irrigationoflandscapedareaswithhoseendsprinklersor automaticirrigationsystemsshouldbelimitedtoThursdaysforcustomerswithastreetaddressending inanevennumber(0,2,4,6or8)andforlocationswithoutaddresses,andWednesdaysforwater customerswithastreetaddressendinginanoddnumber(1,3,5,7or9).Apartments,officebuilding complexesorotherpropertycontainingmultipleaddressesmaybeidentifiedbythelowestaddress number (b)Restrictoperationofornamentalfountainsorpondstoinitialfillingexceptwherenecessarytosupport orpondsareequippedwitharecirculationsystem. aquaticlifeorwheresuchfountains Stage24 (c)Restrictwashingofanymotorvehicle,motorbike,boat,trailer,airplaneorothervehicletotheuseofa handheldbucketorahandheldhoseequippedwithapositiveshutoffnozzleforquickrinses.Vehicle washingmaybedoneatanytimeontheimmediatepremisesofacommercialcarwashorcommercial servicestation.Further,suchwashingmaybeexemptedfromtheseregulationsifthehealth,safety,and welfareofthepubliciscontingentuponfrequentvehiclecleansing,suchasgarbagetrucksandvehicles usedtotransportfoodandperishables.Requestthatuseofwatertofill,refill,oraddtoanyindooror outdoorswimming,wading,orjacuzzipoolsbelimitedtothedayofweekschedule. (d)Prohibitrecreationalwateruseincludinguseoffaucets,hosesorhydrants,whichusewaterinsucha mannerastoallowrunofforotherwastes. (e)Prohibithosingoffpavedareas,buildings,windowsorothersurfaces. CityGovernment (a)StaffwillbeginreviewoftheproblemsinitiatingStage2actionsandwillidentifypossiblesolutionsto addressthewatershortage. (b)Acceleratepubliceducationcampaignteachingandencouragingreducedwaterusepractices. (c)Continueintensifiedleakdetectionandrepairactivitiesonwaterpipesandmains. (d)Prohibitoperationofornamentalfountainsbycitygovernmentexceptwherenecessarytosupport aquaticlifeorwheresuchfountainsorpondsareequippedwitharecirculationsystem. (e)Requiredayofweekwateringscheduleforparks. (f)Restrictflushingofnewmainsnotimmediatelyrequiredtoprovideservice. Useofwaterfromfirehydrantslimitedtofirefightingandessentialdistributionsystemmaintenance. (g)Restricttheflushingoffirehydrants,blowoffsandserviceconnectionsfornewmainconstructionby specialpermitonly. trailerlimitedtothedayofweekwateringschedule. (h)Washingofanycityvehicle,bike,or (i)Prohibithosingoffpavedareas,buildings,windowsorothersurfaces. CommercialCustomers (a)Requiredayofweekwateringscheduleforparks. (b)Encouragefurtherreductioninlandscapeusesfornurserystock. (c)Requiredayofweeklandscapewateringscheduleforgolfcourses. InterruptibleCustomers (a)Reduceusageforinterruptiblecustomerspercontractterms. Stage25 WholesaleCustomers (a)Requirewaterdemandreductionsinaccordancewithcontractobligationsforwholesalecustomers. (b)WholesalewatersystemsaskedtoabidebyCityofDentonpolicyforbothinternaloperationsandall retailcustomers.Reductioninrateofflowcontrollersettingsby10%20%areoptional. Notifications CityofDenton Bytelephoneandattachedfollowupmemo,notifyallmajorCitydepartmentwaterusersofWater WatchStage#2andthewateruserestrictionsunderthisstage.Instructthemtoimplement restrictionsonnonessentialuses.UsecitydepartmentcontactsinAppendixF. Coordinatedistributionofwateremergencyplandetails,posters,andhandoutstocustomerservice representatives,utilitydispatchpersonnelandDentonpublicaccessbuildings. RetailCustomers TCEQnotifiedofStage2restrictions. Issuepressrelease,radioandvideopublicserviceannouncementtoareamediadescribingWaterWatch restrictionsunderthisstage.Keepmediaupdatedonthewatersituation. Stage#2andthewateruse UsemediacontactslistedinAppendixF. Bytelephoneandfollowupletter,notifymajorareawaterusersofWaterWatchStage#2andthe restrictionsthatapply.UseplantmanagercontactslistedinAppendixF Acceleratepubliceducationcampaigntopromoteandencourageefficientwateruse. Ifapplicable,notifytheU.S.CorpofEngineersbytelephoneandfollowupletteroftheWaterWatch Stage#2conservationmeasures. WholesaleCustomers AdvisewholesalecustomersbytelephoneandattachedletteroftheactionstakenbytheCityofDentonin responsetoWaterWatchStage#2andrequiretheimplementationoflikeproceduresamongtheircustomers. Wholesalecustomercitiesshalleitherimposewateruserestrictionsequivalenttothoseimposedon5;·x retailcustomersORwhereapplicable,Dentonmayreducerateofflowcontrollersettingsby10%20%.Use wholesalecustomercontactsinAppendixF. Penalties Nopenaltiesenforcedatthistime. Stage26 InitiatefeesandfinesasspecifiedbelowinthisPlanforanyviolationoftheDroughtContingencyPlan. Stage27 6.6.3Stage3,Severe 6.6.3.1TriggeringConditionsForStage3,Severe 6.6.3.1.1 TypeA WaterManagementCondition Totalrawwatersupplyin(1)DentonandDallasconnectedlakes(eastandwest);or(2)westernconnectedlakes; or(3)easternconnectedlakesdropsbelow45%ofthetotalconservationstorage 6.6.3.1.2 TypeB WaterManagementCondition Waterdemandreachesorexceeds95%ofdeliverycapacityfortwo(2)consecutivedays 6.6.3.1.3 TypeC WaterManagementCondition Waterdemandexceedsareduceddeliverycapacityforallorpartofthesystem,asdeterminedbyDWU Amajorwaterlinebreaks,orapumporsystemfailureoccurs,whichcauseunprecedentedlossof capabilitytoprovidetreatedwaterservice Naturalormanmadecontaminationofthewatersupply RequirementsforTermination: Stage3maybeterminatedwhenStage3conditionsnolongerexistandwouldbeunlikelytorecurupon termination. 6.6.3.2GoalForUseReductionAndActionsAvailableUnderStage3,Severe ThegoalforwaterusereductionunderStage3,Severe,isareductionof20percentoftheusethatwouldhave occurredintheabsenceofdroughtcontingencymeasures.Ifthecircumstanceswarrant,theDirectorofWater Utilitiesoradesigneecansetagoalforgreaterwaterusereduction.TheDirectorofWaterUtilitiesora designeecanordertheimplementationofanyoftheactionslistedbelow,orotheractionsnotlisted,asdeemed necessary: AllWaterUsers (a)Requirethatalllandscapewateringbelimitedtothedayofweekwateringschedulebetweenthehours of6:00PMand10:00AMbymeansofhandheldhoses,soakerhosesandhandheldbucketsonly.The useofhoseendsprinklersorpermanentlyinstalledautomaticsprinklersystemsisprohibitedatall times.IrrigationoflandscapedareasshallbelimitedtoThursdaysforcustomerswithastreetaddress endinginanevennumber(0,2,4,6or8)andforlocationswithoutaddresses,andWednesdaysfor watercustomerswithastreetaddressendinginanoddnumber(1,3,5,7or9).Apartments,office Stage38 buildingcomplexesorotherpropertycontainingmultipleaddressesmaybeidentifiedbythelowest addressnumber. (b)Operationofanyornamentalfountainorpondforaestheticorscenicpurposesisprohibitedexcept wherenecessarytosupportaquaticlifeorwheresuchfountainsorpondsareequippedwitha recirculationsystem. (c)Useofwatertowashanymotorvehicle,motorbike,boat,trailer,airplaneothervehiclenotoccurringon thepremisesofacommercialcarwashandcommercialservicestationsandnotintheimmediate interestofpublichealth,safety,andwelfareisprohibited.Further,suchvehiclewashingatcommercial carwashesandcommercialservicestationsshalloccuronlybetweenthehoursof6:00PMto10:00AM. (d)Thefilling,refilling,oraddingofwatertoswimmingpools,wadingpools,andJacuzzitypepoolsis prohibited.Existingpoolsmayaddwatertoreplacelossesduringnormaluseandtoreplace evaporationinordertomaintainproperwaterqualityandproperoperationofthepoolequipment. (e)Foundationsmaybewateredforatwohourperiodonthedesignatedwateringdaybetweenthehours hoseequipped of6:00PMand10:00AM.Foundationsmaybewateredwithasoakerhoseorhandheld withapositiveshutoffnozzleonly.Noapplicationfornew,additional,expanded,orincreasedinsize waterServiceconnections,meters,servicelines,pipelineextensions,mains,orwaterservicefacilitiesof anykindshallbeapproved,andtimelimitsforapprovalofsuchapplicationsareherebysuspendedfor suchtimeasthisdroughtresponsestageorahighernumberedstageshallbeineffect. (f)Permittingofnewswimmingpools,hottubs,spas,ornamentalpondsandfountainconstructionis prohibited. CityGovernment (a)Wetstreetsweepingandcityvehiclewashingorrinsingisprohibited. (b)Irrigationofparksisprohibited. useofwaterfromfirehydrants,blowoffsandserviceconnectionsfornewwaterline (c)Discontinue constructionpurposes. CommercialCustomers (a)Wateringofnurseryplantstockrestrictedtothehoursbetween6:00PMand10:00AMandthedayof weekwateringschedule. (b)Restrictwateringofgolfcoursegreensandteeboxesrestrictedtothehoursbetween6:00PMand 10:00AMandthedayofweekwateringschedule;wateringofothergolfcourseareasandparksis prohibitedunlessthegolfcourseutilizesawatersourceotherthanthatprovidedbytheCityofDenton. Stage39 InterruptibleCustomers (a)Servicetointerruptiblecustomersistemporarilysuspended. WholesaleCustomers (a)Sameexternalrestrictionsapplytowholesalesuppliers. Notifications CityofDenton Coordinatedisseminationofwaterconservationplandetails,posters,andhandoutstocustomerservice representatives,utilitydispatchpersonnelandpublicaccessbuildings. Bytelephoneandattachedfollowupmemo,notifyallmajorCitydepartmentusersofWaterWarning Stage#3andofthewateruserestrictionsunderthisstage.Instructthemtoeliminatenonessentialuses includingstreetandvehiclewashingandoperationofornamentalfountains,andtoimplementrestrictions onessentialuses.UsesamecontactsasthoselistedinAppendixF. RetailCustomers TCEQnotifiedofStage3restrictions. Issuepressrelease,radioandvideopublicserviceannouncementtoareamediadescribingWaterWarning Stage#3andthewateruserestrictionsunderthisstage.Keepmediaupdatedonthewatersituation.Use samemediacontactsasthoseinAppendixF. Bytelephoneandfollowupletter,notifymajorwaterusersofWaterWarning#3andthemandatorywater usereduction.UsecontactslistedinAppendixF. PostWaterWarningnoticesatpublicbuildingsincludingcitybuildings,countybuildings,andthefederal postoffice. Ifapplicable,notifyU.S.CorpsofEngineersbytelephoneandattachedletteroftheWaterWarningStage #3conservationmeasures. WholesaleCustomers AdvisewholesalecustomersbytelephoneandattachedletteroftheactionstakenbytheCityofDenton inresponsetoWaterWarningStage#3andrequiretheimplementationoflikeproceduresamongtheir customers.Wholesalecustomercitiesshalleitherimposewateruserestrictionsequivalenttothose imposedon5;·xretailcustomersORwhereapplicable,mayreducerateofflowcontrollersettings by20%30%.UsewholesalecustomercontactslistedinAppendixF. Stage310 Penalties Initiatea20%surchargeforresidentialcustomersforwaterusagegreaterthan30,000gallonsper accountperbillingperiod. Imposea20%surchargeforcommercialandindustrialcustomersformonthlywateruseabove80%of priorbillingvolumesperaccountperbillingperiod. belowforanyviolationoftheDroughtContingencyPlan. Initiatefeesandfinesasspecified Stage311 6.6.4Stage4,Emergency 6.6.4.1TriggeringConditionsForStage4,Emergency 6.6.4.1.1 TypeA WaterManagementCondition Totalrawwatersupplyin(1)DentonandDallasconnectedlakesdrops(eastandwest);or(2)westernconnected lakes;or(3)easternconnectedlakesbelow30%ofthetotalconservationstorage 6.6.4.1.2 TypeB WaterManagementCondition Waterdemandreachesorexceeds98%ofdeliverycapacityforoneconsecutiveday 6.6.4.1.3 TypeC WaterManagementCondition Waterdemandseriouslyexceedsareduceddeliverycapacityforallorpartofthesystem,asdeterminedby DWU RequirementsforTermination: Stage4maybeterminatedwhenStage4conditionsnolongerexistandwouldbeunlikelytorecurupon termination. 6.6.4.1GoalForUseReductionAndActionsAvailableUnderStage4,Emergency ThegoalforwaterusereductionunderStage4,Extreme,isareductionof25percentoftheusethatwouldhave occurredintheabsenceofdroughtcontingencymeasures.Ifthecircumstanceswarrant,theDirectorofWater Utilitiesoradesigneecansetagoalforgreaterwaterusereduction.TheDirectorofWaterUtilitiesora designeecanordertheimplementationofanyoftheactionslistedbelow,orotheractionsnotlisted,asdeemed necessary: AllUsers (a)Irrigationoflandscapedareasisabsolutelyprohibited. (b)Useofwatertowashanymotorvehicle,motorbike,boat,trailer,airplaneorothervehicleisabsolutely prohibited. (c)Foundationsmaybewateredforatwohourperiodonlybetweenthehoursof6:00PMand10:00AM onthedesignatedwateringdayfromStage3withsoakerorhandheldhoseequippedwithapositive shutoffnozzle. (d)Prohibitpermittingofnewswimmingpools,hottubs,spas,ornamentalponds,andfountain construction. Stage412 (e)Restrictuseofwaterfromfirehydrantstofirefighting,essentialdistributionsystemmaintenanceand relatedactivities. Notifications CityofDenton Bytelephoneandattachedfollowupmemo,notifyallmajorCitydepartmentwaterusersofWater EmergencyStage#4andofthewateruserestrictionsunderthisstage.Instructthemtoeliminatenon essentialusesandtoimplementrestrictionsonessentialuses.Usedepartmentcontactslistedin AppendixF. Coordinatedisseminationofwaterconservationdetails,posters,andhandoutstocustomerservice representatives,utilitydispatchpersonnelandDentonpublicaccessbuildings. RetailCustomers TCEQnotifiedofStage4restrictions. Issuepressrelease,radioandvideopublicserviceannouncementtoareamediadescribingWater emergencyStage#4andthewateruserestrictionsunderthisstage.Keepmediaupdatedonthewater situation.UsesamemediacontactsasthoseinAppendixF. PostWaterEmergencynoticesatpublicbuildings,includingcitybuildings,countybuildings,andthe federalpostoffice. majorareawaterusersofWaterEmergencyStage#4and Bytelephoneandfollowupletter,notify mandatorycessationofalloutsidewatering.UseplantmanagercontactslistedinAppendixF. Ifapplicable,notifyU.S.CorpsofEngineersbytelephoneandattachedletteroftheWaterEmergency Stage#4conservationmeasures. WholesaleCustomers AdvisewholesalecustomersbytelephoneandattachedletterofactionsbeingtakenbytheCityin responsetoWaterEmergencyStage#4andmandatoryimplementationofsimilarproceduresamong theircustomers.Wholesalecustomercitiesshallimposewateruserestrictionsequivalenttothose offlowcontrollersettings imposedon5;·xretailcustomersor,whereapplicable,reducetheirrate byapercentagedeterminedbytheDirectorofWaterUtilities.AppendixFlistswholesalecustomersthat needtobecontacted. Stage413 Penalties Imposea20%surchargeforresidentialcustomersforwaterusagegreaterthan15,000gallonsper accountperbillingperiod. Imposea20%surchargeforcommercialandindustrialcustomersformonthlywateruseabove70%of priorbillingvolumesperaccountperbillingperiod. anyviolationoftheDroughtContingencyPlan. Initiatecodeenforcementfinesfor Stage414 WaterRateSurchargeandAllocation RetailCustomers DuringStages3and4oftheDroughtContingencyPlan,theCitymayimposearetailwaterrateincreaseto discouragewateruse.Ratesforresidentialcustomerusagemorethan30,000gallonsperaccountperbilling periodinStage3orabove15,000gallonsper30daysperaccountperbillingperiodinStage4maybeincreased byasmuchastwentypercent(20%).Asimilartwentypercent(20%)rateincreaseforcommercialandindustrial customersmaybeimposedforuseexceeding80%(Stage3)and70%(Stage4)ofpriorbillingvolumesper30 dayperiod. WholesaleCustomers IntheeventthatthetriggeringcriteriaspecifiedinSection6ofthePlanforStage4havebeenmet,theDirector isherebyauthorizedtoinitiateallocationofwatersuppliesonaproratabasisinaccordancewiththelatest revisionofTexasWaterCodeSection11.039.TexasWaterCodeSection1.039,DistributionofWaterDuring Shortage,states: (a)Ifashortageofwaterinawatersupplynotcoveredbyawaterconservationplanpreparedin compliancewithTexasNaturalResourceConservationCommissionorTexasWaterDevelopmentBoard rulesresultsfromdrought,accident,orothercause,thewatertobedistributedshallbedividedamong allcustomersprorata,accordingtotheamounteachmaybeentitledto,sothatpreferenceisgivento nooneandeveryonesuffersalike. (b)Ifashortageofwaterinawatersupplycoveredbyawaterconservationplanpreparedincompliance withTexasNaturalresourceConservationCommissionorTexasWaterDevelopmentBoardrulesresults fromdrought,accident,orothercause,theperson,associationofperson,orcorporationowningor controllingthewatershalldividethewatertobedistributedamongallcustomersprorata,accordingto: 1.theamountofwatertowhicheachcustomermaybeentitled;or 2.theamountofwatertowhicheachcustomermaybeentitled,lesstheamountofwaterthe customerwouldhavesavedifthecustomerhadoperateditswatersystemincompliancewith waterconservationplan. precludestheperson,associationofpersonsorcorporationowningor (c)NothinginSubsection(a)or(b) controllingthewaterfromsupplyingwatertoapersonwhohasapriorvestedrighttothewaterunder thelawsofthisstate. 15 DWUmaycurtailwaterdeliveriesorreducediversionsinaccordancewiththetermsandconditionsofits wholesalewatersupplycontracts.Ifnecessary,orifspecificcontractprovisionsarenotprovidedfor,DWUmay curtailwaterdeliveriesorreducediversionsinaccordancewithTexasWaterCodeSection11.039.DWUwill haveauthoritytorestrictflowtoitswholesalewatercustomersthroughtherateofflowcontrollers. TheDirectorwillestablishproratawaterallocations,determinedasapercentagereductionofthewholesale -Ò·;©xwaterusage,atthetimeofimplementation.Thetotalvolumereductionforeachwholesale customerwillbecalculatedmonthly,basedonaveragewaterusageforthepreviousthreeyears.TheDirector willestablishthepercentagereductionbasedonanassessmentoftheseverityofthewatershortagecondition andtheneedtocurtailwaterdiversionsand/ordeliveries,andthepercentagereductionmaybeadjusted Onceprorataallocationisineffect,waterdiversionsby,ordeliveriesto,each periodicallybytheDirector. wholesalecustomerwillbelimitedtotheallocationestablishedforeachmonth. 6.7ProceduresforEnforcementofMandatoryRestrictions Violations Apersoncommitsanoffenseifheorsheknowinglymakes,causes,orpermitsauseofwatercontrarytothe measuresimplementedintheDroughtContingencyPlan.Itispresumedthatapersonhasknowinglymade, caused,orpermitteduseofwatercontrarytothemeasuresimplementedifthemandatorymeasureshavebeen implementedaccordingtothePlanandanyoneofthefollowingconditionsapply: TheDroughtContingencyPlanprohibitsthemannerofuse. TheamountofwaterusedexceedsthatallowedbytheDroughtContingencyPlan thetermsandconditionsofacomplianceagreementmade Themannerofuseortheamountusedviolates followingavariancegrantedbytheACM/Utilities. Anypersoninapparentcontrolofthepropertywhereaviolationoccursororiginatesshallbepresumedtobe theviolator,andproofthattheviolationoccurredonthe¦;©xpropertyshallconstitutearebuttable presumptionthatthepersoninapparentcontrolofthepropertycommittedtheviolation,butanysuchperson shallhavetherighttoshowthathe/shedidnotcommittheviolation.Parentsshallbepresumedtobe responsiblefortheirminorchildrenandproofthataviolation,committedbyachild,occurredontheproperty withincontroloftheparentsshallconstitutearebuttablepresumptionthattheparentcommittedtheviolation. But,anysuchparentmaybeexcusedifhe/sheprovesthathe/shehadpreviouslydirectedthechildnottouse 16 thewaterasitwasusedinviolationofthisPlanandthattheparentcouldnothavereasonablyknownofthe violation. AnyCodeEnforcementOfficer,PoliceOfficer,orothercityemployeedesignatedbytheAssistantCity Manager/Utilities,mayissueacitationtoapersonhe/shereasonablybelievestobeinviolationofthis Ordinance.Thecitationshallbepreparedinduplicateandshallcontainthenameandaddressofthealleged violator,ifknown,theoffensecharged,andshalldirecthim/hertoappearinmunicipalcourtonthedateshown onthecitation. FirstViolationofthePlan Customersreceiveawrittenwarningthattheyhaveviolatedrestrictionsthatwillberecordedinthe/z·äx CustomerServicerecords. SubsequentViolationsofthePlan AnypersonwhoviolatesthisPlanisguiltyofamisdemeanorand,uponconviction,shallbepunishedbyafineof notmorethan$2,000.EachdaythatoneormoreprovisionsinthisPlanisviolatedshallconstituteaseparate offense.ThecaseshallbefiledinDentonMunicipalCourt. However,InlieuofprosecutingamisdemeanorinDentonMunicipalCourt,DWUmay,atitssoleoption,impose anadministrativefee,herebyestablishedatanamountnottoexceed$2,000perviolation,uponviolationofthis punishedbaseduponthe plan.IftheadministrativefeeoptionischosenbyDWU,thenviolationswillbe DroughtStageinforcewhentheviolationoccursandalsoaccordingtothesizeofthemeterusedinviolationof theplan.AtableofadministrativefeesissetoutinTable1hereinbelow. ForpurposesofdeterminingthefilingofacaseinDentonMunicipalCourtand/ortheimpositionofan administrativefeeupontheviolator,themeasuringperiodforthenumberofoffensescommittedbyany violatorshallbeoneyearfromthedateofthefirstoffensebeingcommittedbytheviolator.Uponthefirst anniversaryofthefirstoffensebeingcommitted,thenanewmeasuringperiodbeginsanew. ForthefifthviolationcommittedbyapersonorentityinStage1,ofthisdroughtplan,intheoneyearperiod followingthedateoffirstoffense,allegingaviolationofthisdroughtcode,themattershallbefiledinDenton MunicipalCourt,whereafineofupto$2,000perviolationmaybeassesseduponconvictionoftheviolation, suchfinetobesetbytheCourt. 17 ForthefourthandfifthviolationscommittedbyapersonorentityinStage2,Stage3andStage4,inthis droughtplan,intheoneyearperiodfollowingthedateoffirstoffense,allegingaviolationofthisdroughtcode, themattershallbefiledinDentonMunicipalCourt,whereafineofupto$2,000perviolationmaybeassessed uponconvictionoftheviolation,suchfinetobesetbytheCourt. Table1: Stage1 (a)Meters1"indiameterandsmaller st 1Violation:Warning nd 2Violation:Warning rd 3Violation:$50administrativefee th 4Violation:$100administrativefee th 5Violation:Finenotmorethan$2000 (b)Meterslargerthan1"indiameterandsmallerthan3"indiameter st 1Violation:Warning nd 2Violation:Warning rd 3Violation:$100administrativefee th 4Violation:$250administrativefee th 5Violation:Finenotmorethan$2000 (c)Meters3"indiameterandlarger st 1Violation:Warning nd 2Violation:Warning rd 3Violation:$250administrativefee th 4Violation:$500administrativefee th 5Violation:Finenotmorethan$2000 Stage2 (a)Meters1"indiameterandsmaller st 1Violation:Warning 18 nd Violation:$50administrativefee 2 rd 3Violation:$100administrativefee th 4Violation:Finenotmorethan$2000 th 5Violation:Finenotmorethan$2000 (b)Meterslargerthan1"indiameterandsmallerthan3"indiameter st Violation:Warning 1 nd 2Violation:$100administrativefee rd 3Violation:$250administrativefee th 4Violation:Finenotmorethan$2000 th 5Violation:Finenotmorethan$2000 (c)Meters3"indiameterandlarger st 1Violation:Warning nd 2Violation:$250administrativefee rd 3Violation:$500administrativefee th 4Violation:Finenotmorethan$2000 th 5Violation:Finenotmorethan$2000 Stage3 (a)Meters1"indiameterandsmaller st 1Violation:Warning nd 2Violation:$100administrativefee rd 3Violation:$200administrativefee th 4Violation:Finenotmorethan$2000 th 5Violation:Finenotmorethan$2000 (b)Meterslargerthan1"indiameterandsmallerthan3"indiameter st 1Violation:Warning nd 2Violation:$200administrativefee 19 rd Violation:$500administrativefee 3 th 4Violation:Finenotmorethan$2000 th 5Violation:Finenotmorethan$2000 (c)Meters3"indiameterandlarger st 1Violation:Warning nd Violation:$500administrativefee 2 rd 3Violation:$1000administrativefee th 4Violation:Finenotmorethan$2000 th 5Violation:Finenotmorethan$2000 Stage4 (a)Meters1"indiameterandsmaller st 1Violation:Warning nd 2Violation:$200administrativefee rd 3Violation:$400administrativefee th 4Violation:Finenotmorethan$2000 th 5Violation:Finenotmorethan$2000 (b)Meterslargerthan1"indiameterandsmallerthan3"indiameter st 1Violation:Warning nd 2Violation:$400administrativefee rd 3Violation:$1000administrativefee th 4Violation:Finenotmorethan$2000 th 5Violation:Finenotmorethan$2000 (c)Meters3"indiameterandlarger st 1Violation:Warning nd 2Violation:$1000administrativefee rd 3Violation:$2000administrativefee 20 th Violation:Finenotmorethan$2000 4 th 5Violation:Finenotmorethan$2000 FlowrestrictorsmaybeplacedbyDWUinlinesaftertwo(2)violationshaveoccurredtolimittheamountof waterpassingthroughthemeterina24hourperiod. TheCityofDentonUtilitiesreservestherighttotemporarilydisconnectwaterservicetothecustomeraftertwo (2)violationsofthePlanhaveoccurred.Servicesdiscontinuedundersuchcircumstancesshallberestoredonly uponpaymentofareconnectioncharge,herebyestablishedatanamountnottoexceed$135.00atthistime (orassubsequentlyadjustedupwardordownwardbyCityordinance),andanyothercostsincurredbytheDWU indiscontinuingservice;anduponcorrectionofthecauseoftheviolation.Inaddition,suitableassurancemust begiventotheDirectorthatthesameactionwillnotberepeatedwhilethePlanisineffect.Compliancewith thisPlanmayalsobesoughtthroughinjunctivereliefintheDistrictCourt. APPENDIXA ListofReferences 1.TexasCommissiononEnvironmentalQuality:{ ·;©ConservationPlansforMunicipalUsesbyPublicWater {Ò¦¦z;©r|TexasAdministrativeCodeTitle30PartISubchapterA§288.2,effectiveOctober7,2004 2.TexasCommissiononEnvironmentalQuality:{ ·zz·äProfile&WaterConservationPlanRequirementsfor MunicipalWaterUsebyPublicWater{Ò¦¦z;©r|TCEQpublication10218Rev1104and{ ·zz·äProfile&Water ConservationPlanRequirementsforWholesalePublicWater{Ò¦¦z;©r|TCEQpublication20162Rev1104 3.TexasWaterDevelopmentBoard:{ ·;©ConservationBestManagementPracticesDÒz7;r|Report362, WaterConservationImplementationTaskForce,publishedNovember2004 21 EXHIBIT3 ORDINANCE NO. 2012-________ AN ORDINANCE AMENDING THE WATER CONSERVATION AND DROUGHT CON- TINGENCY PLAN OF THE CITY OF DENTON, TEXAS PREVIOUSLY ADOPTED BY ND THE CITY COUNCIL IN ORDINANCE NO. 2009-134 ENACTED ON THE 2 DAY OF JUNE, 2009REGARDING ONLY SECTIONS 6.6 AND 6.7 THEREOF; AMENDING THE DROUGHT AND EMERGENCY RESPONSE STAGES OF THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; AMENDING THE ENFORCEMENT PROVI- SIONS OF MANDATORY RESTRICTIONS OF THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR THE STAGES OF ENFORCEMENT FOR VIOLATORS OF THE PLAN; PROVIDING FOR ADMINISTRATIVE FEES TO BE CHARGED TO VIOLATORS FOR CERTAIN VIOLATIONS OF THE PLAN; PROVIDING A CRIMINAL PENALTY NOT TO EXCEED $2,000 PER VIOLATION OF THE PLAN; PROVIDING A CIVIL PENALTY NOT TO EXCEED $1,000 PER DAY PER VIOLATION OF THE PLAN; PROVIDING CIVIL LEGAL REMEDIES FOR THE CITY OF DENTON, TEXAS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council is cognizant of the persistent drought and near-drought conditions that have occurred and which exist in this geographic area and is also aware that water supply in area lakes and reservoirs has become severely depleted; it further coming to the atten- tion of the City Council that the City of Dallas, Texas, who is a party to contracts for the sale of water to the City from Lake Lewisville and Lake Ray Roberts, has recently enacted an ordinance that limits certain uses and the timing of such use of water, and provides for violations of that ordinance; and WHEREAS, §11.1271 and 11.1272 of the Texas Water Code and the applicable rules of the Texas Commission on Environmental Quality require the City to include specific, quantified five-year and ten-year targets for water savings and specific quantified targets for water use re- ductions during periods of water shortages and drought in the Water Conservation and Drought Contingency Plan; and WHEREAS, on April 19, 2005, the City Council adopted the ordinance providing for the Water Conservation and Drought Contingency Plan for the City, by enacting Ordinance No. 2005-121; and WHEREAS, on May 2, 2006, the City Council adopted the ordinance providing for the Amended Water Conservation and Drought Contingency Plan for the City, by enacting Ordi- nance No. 2006-127, by adding Appendix “G” to said plan, which was the “Lawn and Landscape Irrigation and Water Waste Ordinance’; and WHEREAS, on June 2, 2009, the City Council adopted the ordinance providing for the further Amended Water Conservation and Drought Contingency Plan, by enacting Ordinance No. 2009-134, by including two additional Texas Water Development Board, Best Management 1 Practices recommended by the Task Force’s Water Conservation Best Management Practices Guidethat relate to park and athletic field conservation; and WHEREAS, the City of Denton, Texas recognizes that the amount of water available to the City and its water utility customers is limited, is subject to depletion and should be used effi- ciently; and the City Council desires to further amend the said Water Conservation and Drought Contingency Plan to include amendments to Sections 6.6 and 6.7 thereof; and WHEREAS, the City Council finds that this ordinance is necessary to protect the public health of the residents of the City of Denton, Texas, in accordance with §54.001 and §54.004 of the Texas Local Government Code; and WHEREAS, the City Council deems it in the public interest to adopt the following amendments to the Amended Water Conservation and Drought Contingency Plan adopted on June 2, 2009, by adopting the provisions attached in the “April 2009 - Water Conservation and Drought Contingency Plan (updated February 2012)” that is attached hereto as Exhibit “A”, said Plan is incorporated by reference herewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Preamble to this ordinance is incorporated by reference herewith, and made a part of this ordinance for all purposes. SECTION 2.. City of Denton Ordinance No. 2005-121, pertaining to the “Water Conser- vation and Drought Contingency Plan,” and codified in Chapter 26 of the Code of Ordinances of the City of Denton, Texas, at §§26-233 and 26-234, amended, by City of Denton Ordinance No. 2006-127, by adding to it Appendix “G”, which is the “Land and Landscape Irrigation and Water Waste Ordinance”; and as further amended by the “Water Conservation and Drought Contingen- cy Plan – April 2009” by City of Denton Ordinance No. 2009-134; and now as amended by this ordinance, the said Sections 26-233(a) and 26-234 are amended as follows: Sec. 26-233. Water conservation and drought contingency plan. (a)Adoption of plans. The Water Conservation and Drought Contingency Plan of the City adopted dated April 19, 2005, and the previous amendment thereto adopted by ordinance dated May 2, 2006, and the “City of Denton – Water Conservation and Drought Contingency Plan – April 2009” are hereby adopted by reference herein; and the attached ”City of Denton – Water Conservation and Drought Contingency Plan (updated February 2012)” is hereby added to, incorporated by reference herewith, being attached as Exhibit “A” hereto, and made a part of this Code of Ordinances for all purposes, as to its Sections 6.6 and 6.7, as if fully set forth herein (hereafter collectively referred to as the “Plan”). Sec. 26-234. Criminal and Civil Penalties. (a) A person commits an offense if he or she knowingly makes, causes, or permits a use of water contrary to the measures implemented in the Water Conservation and Drought Con- 2 tingency Plan, as amended. For purposes of this section, it is presumed that a person has know- ingly made, caused, or permitted a use of water contrary to the measures implemented if the mandatory measures have been implemented according to the Plan and any one of the following conditions apply: (1) The Plan prohibits the manner of use; or (2) The amount of water used exceeds the amount allowed by the Plan; or (3) The amount of use or the amount used violates the terms and conditions of a compliance agreement following a variance granted by the Assistant Cy Manager for Utilities; or (4) The violation of any provision of the “Land and Landscape Irrigation and Water Waste Ordinance” (b) The following penalty shall apply during Stages 3 and 4 of the Water Conserva- tion and Drought Contingency Plan, as amended. Any person who knowingly violates any pro- vision of this article shall, upon conviction, be punished by a fine not to exceed two thousand dollars ($2,000.00). Each day that one or more provisions in this Plan is violated shall be con- sidered to be a separate offense. (c) The City Attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent jurisdiction in addition to the penalty mentioned in the above Subsection (b). Such additional relief may include: (1) An injunction to prevent a violation of this chapter, or of the Water Con- servation and Drought Contingency Plan, as amended; (2) Recovery for expenses incurred by the City in responding to a violation of this Chapter, or of the Water Conservation and Drought Contingency Plan, as amended; (3) A civil fine of up to one thousand dollars ($1,000.00) per day for viola- tions of §26-233 or for violations of the Water Conservation and Drought Contingency Plan, as amended; (4) All other damages, costs, remedies and legal processes to which the City may be entitled. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Denton, Texas, as amended, except when provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code. All conflicting provisions of such ordinances and such Code are hereby repealed to the extent of that conflict only. 3 SECTION 3. It is hereby declared to be the intention of the City Council that the sec- tions, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitution- al by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionali- ty shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance since the same would have been enacted by the City Council without the incorpo- ration of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or sec- tion. SECTION 4. 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, the official newspaper of the City of Denton, Texas, within ten days of the date of its passage. PASSED AND APPROVED this the ______ day of ________________, 2012. _________________________________ MARK A. BURROUIGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _________________________________ 4 AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: City Manager’s Office CM: George Campbell,City Manager SUBJECT Consider nominations/appointments to the City’s Boards and Commissions. BACKGROUND Below is the list of outstanding Boards and Commissions nominations and the Council Member responsible for the nomination: Community Development Advisory Committee – Chris Briggs has resigned from the Committee. This is a nomination for Council Member Engelbrecht. Health & Building Standards Commission – There are two alternate positions vacant. These are nominations for the entire Council. Public Art Committee – Kristi Bennett has resigned. This is a nomination for Council Member King. Nominations could be made and voted on at this meeting should the Council desire. Approval would be contingent on completion of the confirmation process. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary AGENDA INFORMATION SHEET AGENDA DATE: February 21, 2012 DEPARTMENT: Materials Management ACM: Howard Martin, 349-8232 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving an updated amendment to the pedestrian and bicycle linkage component of the Denton Mobility Plan for the City of Denton, Texas; providing a severability clause and an effective date. (ca11-0003). Planning and Zoning Commission recommends approval (7-0) BACKGROUND With spiking gasoline prices in 2008, an increased interest in alternative modes of transportation was evidenced at the time. Engineering staff assembled a committee to look at options of connectivity for pedestrians and bicyclists throughout the city. This staff committee identified a number of potential origins and destinations in the city and various issues that would need to be considered as the process moved forward. The focus shifted to the downtown DCTA train station and facilitation of pedestrian and bicycle connectivity between it and the downtown area, UNT, TWU and various other origins and destinations throughout the city. The possibility of hiring a consultant was discussed with the Traffic Safety Commission and received a positive public feedback. It was decided that in anticipation of hiring a consultant and updating the City of Denton Pedestrian and Bicycle Linkage Component to the Mobility Plan that a staff facilitated public meeting would be useful to garner public feedback. Engineering staff facilitated a public meeting on March 22, 2010. The target audience for the meeting was primarily the Denton area cycling community. The meeting was well attended with a total of 58 people listed on the sign-in sheet. The meeting began with attendees picking up questionnaires on how often they cycle, what limits them from cycling, and what would encourage them to cycle more. They were asked to fill out and return the questionnaires before leaving the Public Meeting. City staff made a presentation outlining current codes and plans (Denton Development Code; Denton Mobility Plan; Parks, Recreation & Trail Master Plan; UNT Campus Bicycle Plan, NCTCOG Veloweb;) from the City as well as from other planning organizations, bicycle design and guidance manuals, existing facilities and possible future projects. The next part of the meeting divided the attendees into groups and each group was charged with marking origins, destinations, and routes they would like to see in Denton on street maps. A few attendees expressed their appreciation of staff for seeking their input and were very favorable to the city creating a plan to address bicycle facilities. Attendees were also appreciative of staff’s research into other community bike plans. The questionnaire and maps were provided to the consultant hired by the City. On April 5, 2010 staff presented to the Traffic Safety Commission a summary of the staff facilitated public meeting and that City staff intended to move forward with hiring a consultant. The City Engineer prepared a white paper entitled “Bicycle Connectivity in Denton, Texas – Overview, Options and Opportunities” and presented it to City Council on April 13, 2010. The white paper outlined the background and origins of the current state of bicycle connectivity and accommodation in the city; presented legal, design, and economic considerations for various forms of accommodation; provided information with regard to ongoing projects that are beneficial to bicycle connectivity; and presented information and opportunities available to the City as it moves forward. The white paper recommended cataloging the City’s existing assets, moving forward with contract negotiations with the consultant, establishing a focus group to consider and contribute to matters involving bicycle accommodation, and meeting with UNT research personnel to discuss possible involvement and contributions of graduate students. Freese and Nichols, Inc (FNI) was hired as the consultant to assist in the identification of origins and destinations, assessment of the current roadway network and to prepare with guidance from City Staff, an update to the City of Denton Pedestrian and Bicycle Component of the Mobility Plan. The scope of services for FNI is briefly outlined below: Phase 1 1.1Phase Initiation Meeting 1.2Origins and Destinations for Bicycling 1.3Collector and Arterial Network and Greenway Corridors to Accommodate Bicycling 1.4Typical Section Hierarchy 1.5Phase 1 Documentation Phase 2 2.1Phase Initiation Meeting 2.2Suitability/Adaptability of Collector and Arterial Roadways for Bicycling and Walking 2.3Documentation of Recommended Network and Facility Improvements 2.4Bicycle Plan Update Draft Report 2.5Bicycle Plan Update Final Report Currently, staff and the consultant are at task 2.5 – Bicycle Plan Update Final Report As recommended in the April 13, 2010 City Council Meeting and in the white paper, a focus group was created. The focus group is comprised of various residents and selected stakeholder groups including: DCTA TxDOT Parks and Recreation Denton Municipal Electric Denton Police Department University of North Texas Denton ISD Bike Denton Querencia Community Bike Shop (Non-profit) Innovative Transportation Solutions (ITS) Members of the group also represent a wide range of bicycle user types, from occasional users to casual riders to commuters to experienced long distance recreational riders. The focus group has met four times to date with City staff and the consultant. The group has provided valuable feedback, recommendations, and insight on the preparation of an update to the City of Denton Pedestrian and Bicycle Linkage Component of the Mobility Plan. On April 13, 2011 City staff and FNI facilitated a Public Meeting at the Denton Civic Center. Members of the focus group attended and helped explain maps and answer questions from the attendees. The meeting began with maps of current plans, typical roadway sections, and alternative sections that incorporate other types of bicycle facilities than those shown on the typical sections. Maps were also set out on tables for attendees to mark on: On one map attendees identified origins and destinations and on other maps attendees marked routes. Focus group members were stationed at these tables to explain the maps’ purpose and to answer any questions that the attendees might have had. A “dot board” was set up near the entrance that listed ways that the City could spend money on infrastructure with the assumption that funding was available and could be used in any conceivable way. Attendees were given dot stickers that represented money and asked to place the dot stickers on the board to represent how they would like to have money spent. The two most frequently selected infrastructure spending areas were: 1) Designate more lanes on streets and 2) Provide bike-friendly crossings of major streets. After the initial interaction between the attendees and the focus group with the maps, the focus group members were formally introduced to the audience and then the consultant made a presentation on aspects of the draft plan. After the presentation, attendees broke out into groups with maps focused on specific areas of the city in which they could more clearly mark preferences for bicycle routes. Attendees were also given cards and asked to write down and prioritize their top three places that they would like to see a bicycle facility: The top three projects so noted were Oak, Hickory, and Elm Street. Specific types of facilities and the limits (from where to where) were not given. The Update to the City of Denton Pedestrian and Bicycle Linkage Component to the Denton Mobility Plan identifies different types of users, suggests a range of facilities (on street and off street), contains defined goals, and recommends education and enforcement components, and incorporates public input. All of these aspects are needed to create a well developed plan. The plan is broken into seven sections: 1.Purpose and Need This section describes the need for the plan and how public involvement was garnered during the draft process. 2.Goals and Objectives This section clearly defines the two main goals of the plan and sets forth objectives as a means to achieve those goals. The objectives are categorized into five areas: accessibility, safety, interagency coordination, education, and funding. 3.Existing Conditions There are plans and codes from different agencies that address pedestrian and cyclist facilities from the City of Denton to North Central Texas Council of Governments (NCTCOG). This section briefly describes these plans and codes. The section also, identifies origins and destinations, barriers to travel, and discusses the different types of cyclists. Understanding the current plans and codes, where users want to go, the significant barriers they face, and the different type of users is necessary to create a well developed plan. 4.Bicycle Facility Design This section focuses on design standards and the different types of facilities used to accommodate pedestrians and cyclists. It also includes construction cost ranges for the facilities. 5.Bicycle Facility In this section the plan map can be found as well as development criteria, traffic calming techniques, bicycle amenities, and roadway sections. Public input as to the prioritization of roadways can be found on the last page of this section. 6.Implementation Plan The final component to the plan is how to implement it. This section creates action items and a time line in which the action items should be implemented. The action items are categorized into five areas: 1.Organize a bicycle program 2.Plan and construct needed facilities 3.Promote bicycling and walking 4.Educate bicyclists and the public 5.Enforce laws and regulations The time line is organized into immediate, ongoing, short term, and long term time frames. 7.Appendices The appendices include cost ranges (does not include right-of-way, needed rehabilitation, needed signalization, or and design costs) for each roadway identified on the plan map, possible funding sources and City roadway standards. PRIOR ACTION/REVIEW 1.March 22, 2010 - Staff facilitated Public Meeting. 2.April 5, 2010 - Traffic Safety Commission. 3.April 13, 2010 – City Council. 4.April 13, 2011 Staff and FNI facilitated a Public Meeting 5. July 20, 2011 - Planning and Zoning Commission 6. August 1, 2011 – Parks, Recreation, and Beautification Board 7.September 12, 2011 – Traffic Safety Commission 8.September 13, 2011 – Mobility Committee 9.October 18, 2011 – City Council Work Session 10.November 16, 2011 – Planning and Zoning Commission Work Session 11.December 7, 2011 – Planning and Zoning Commission Public Hearing OPTIONS 1.Approve adoption of the Update to the City of Denton Pedestrian and Bicycle Linkage Component of the Mobility Plan as presented. 2.Approve adoption with conditions of the Update to the City of Denton Pedestrian and Bicycle Linkage Component of the Mobility Plan. 3.Deny adoption of the Update to the City of Denton Pedestrian and Bicycle Linkage Component of the Mobility Plan. RECOMMENDATION Staff recommends approval of the adoption of the Update to the City of Denton Pedestrian and Bicycle Linkage Component of the Mobility Plan as presented. EXHIBITS 1.Ordinance and Update to the City of Denton Pedestrian and Bicycle Linkage Component of the Denton Mobility Plan 2.Map –City of Denton Pedestrian and Bicycle Linkage Component of the Mobility Plan Prepared and Respectfully Submitted by: Jim Coulter Director of Water Utilities s:\legal\our documents\ordinances\12\amended bike and pedestrian component of mobility plan.doc EXHIBIT1 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN UPDATED AMENDMENT TO THE PEDESTRIAN AND BICYCLE LINKAGE COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA11-0003) WHEREAS, on December 7, 1999, the City of Denton Adopted the Denton Plan,-2020, the Comprehensive Plan of the City of Denton, Texas; and WHEREAS, various components of this plan have been since revised approved, including the Mobility Plan; and WHEREAS, by virtue of numerous public meetings; citizen input; f sessions before the Denton Mobility Committee, Denton Parks, Rec Denton Traffic Safety Commission, Denton Planning & Zoning Commission, Denton City Council; and the efforts of professionals working both within City staff two-year effort has culminated in the final draft of the updated Ped component of the Mobility Plan, attached hereto as Exhibit 1; and WHEREAS, pursuant to, and in full compliance with, §35.3.3 of the Denton Code, the Planning and Zoning Commission concluded a public hearing on December 7, 2011, as required by law, and recommended approval of the requested Amendment to the Mobility Plan component of the Denton Plan, to update the Pedestrian and Bicycle Linkage component thereof, attached hereto, and incorporated fully herein, as Exhibit 1; and WHEREAS, the City Council finds that the proposed Plan Amendment is in the best interests of the health, safety and general welfare of the citizens of the, and that all other legal and procedural predicates thereto have been satisfied in full; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this o incorporated herein by reference and found to be true. SECTION 2. The Denton Plan is hereby amended by the approval of the updated Pedestrian and Bicycle Linkage component of the Mobility Plan attached here as Exhibit 1. SECTION 3. The City's official Mobility Plan map is hereby amended to incorporate the updated Pedestrian and Bicycle Linkage Component map attached hereto, and incorporated fully herein, as Exhibit 2. SECTION 4. If any provision of this ordinance or the application thereof to circumstance is held invalid by any court, such invalidity shallher provisions or applications, and to this end the provisions of th Page 1 s:\legal\our documents\ordinances\12\amended bike and pedestrian component of mobility plan.doc SECTION 5. This ordinance shall become effective immediately from and upon and approval. PASSED AND APPROVED this the _______ day of _______________________, 2012. ________________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: [Original Signed by Jerry E. Drake, Jr.]__ Page 2 Update to the Pedestrian and Bicycle Linkage Component of the De Exhibit 2 Updated Pedestrian and Bicycle Linkage Component Map FM 428 MILAM RD W GANZER RD W 2164 I35 428 Water Works Park Skate Works 77 288 BEALL ST BEALL ST Cooper Glen Open Spa Evers Park Windsor Open Space MILLER RD 288 North Lakes Park 2164 Avondale Park FISHTRAP RD JOHN DR Greenbelt Nette Schultz Park HERITAGE LN Bowling Green Park 428 77380 Denton County Fairgr 380 380 Cooper Creek Open Sp AUDRA LN DANA LN I35 McKenna Park JIM CHRISTAL RD Quakertown Park 426 E OAK ST Milam Park W HICKORY STE HICKORY ST Mack Park E MULBERRY ST Firemans Memorial Pa TextTextTextTextTROY H LAGRONE DR W SYCAMORE STE SYCAMORE ST W SYCAMORE ST Oakwood Cemetery Phoenix Park Woodrow Open Space Fred Moore Park Pebblebrook Park IOOF Cemetery Martin Luther King R MORSE ST FANNIN ST I35E Airport Open Space 1515 77 377 I35W 426 288 S I 35 E RAMP Joe Skiles Park Denia Park RICH ST I35E South Lakes Park Roselawn Memorial Pa 2449 Briercliff Park I35W Bent Creek Park 377 YALE 1830 2181 WALTON DR ALLRED RD Cross Timbers Park I35E MORNING GLORY DR DOBBS RD LIGHTHOUSE DR LAKE SHARON DR MONTECITO DR Legend DRAFT Short Range ImprovementsTrails I35W DCTA Train Stations Bike Lane GREENMEADOW DR This map is a graphic representation prepared by Regional Veloway the City of Denton, Engineering GIS Department MEADOWGLEN DR and is intended for use only as a reference. Data Water Bodies Shoulder Lane Trail (Multi-Use Path) depicted here is not guaranteed for accuracy and may be subject to revision at any time without notification. A Registered Surveyor for the State Schools Wide Curb Lane / Urban Shoulder Future Regional Veloway of Texas was not consulted. For Survey level (<16' Outside Lane) / (16' Outside Lane) accuracy, supervision and certification of the pro- Parks duced data by a registered Professional Land Future Trail Surveyor for the State of Texas would have to Shared Roadway performed. City Limits Existing Greenbelt Trail Side Path (8' Minimum) Revised November, 2011 Flood Plain Long Range Improvements TxDOT Arterial / Highway Sidewalk & WCL/BL 1 In = 1,500 Ft Future Clollector Roadway Sidewalk & WCL / BL Future Arterial Roadway Sidepath & Urban Shoulder Handout to Council 2/21/2012 s:Uegal\our documents\ordinances\12\villages at elk river resolution2.docx SECTION 3. The City hereby supports this development providing it complies with the Denton Development Code, the City's Building Codes, and all construction ordinances; and supports the allocation of Housing Tax Credits for affordable elderly housing facilities. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � Page 2 MARK A. BURROUGHS, MAYOR