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Home My WebLink AboutNovember 13, 2012 AgendaAGENDA CITY OF DENTON CITY COUNCIL November 13, 2012 After deternuning in Open Session that a quonim is present, the City Council of the City of Denton, Texas will convene in a Closed Meeting on Tuesday, November 13, 2012 at 3:00 p.m. in the City Council Worlc Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: 1. Closed Meeting A. Consultation with Attorneys — Under Texas Government Code Section 551.071; and Deliberations regarding Real Property — Under Texas Government Code Section 551.072. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the AN.B. Tomplcins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2100 blocic of South Bonnie Brae Street), within the City of Denton, Texas. Consultation with the City's attorney's regarding legal issues associated with the acquisition or condemnation of tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. B. Consultation with Attorneys — Under Texas Government Code Section 551.071. 1. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Phase I and proposed Phase II Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the e�traterritorial jurisdiction, including Constitutional linutations, statutory limitations upon municipal regulatory authority, moratorium on drilling and production and claims associated therewith, statutory preemption and/or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. Following the completion of the Closed Meeting, the Council will convene in a 2"a Tuesday Session to consider the following: NOTE: A 2"a Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a fut�ire regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2"a Tuesday Session, the City Council generally receives informal and prelinunary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to spealc ceases when the Mayor announces the session is being closed to public input. Although 2"a Tuesday Sessions are public nieetings, and citizens have a legal right to attend, they are not public hea�ings, so citizens are not allowed to City of Denton City Council Agenda November 13, 2012 Page 2 participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive a report, hold a discussion, and give staff direction regarding a project submittal for the 2012 Texas Transportation Enhancement Program Call for Proj ects. 2. Receive a report, hold a discussion, and give staff direction regarding the Phase II amendments of the City's Gas Well Ordinance. Following the completion of the 2"a Tuesday Session, the Council will convene in a Special Called Session to consider the following: 1. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount not to exceed $200,000 to allow for architectural services and Leadership in Energy and Environmental Design ("LEED") certification of the Linda McNatt Animal Care and Adoption Center Facility, and providing an effective date. 2. Consider adoption of an amendment an ordinance of the City of Denton, Texas amending a Professional Services Agreement (PSA) with Connolly Architects and Consultants for design services and constniction oversight for the Linda McNatt Animal Care and Adoption Facility entered into on January 10, 2012; and providing for an effective date. 3. 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 upconung 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 talcen, to include: expressions of thanks, congranilations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a renunder about an upconung 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. NOTE: The City Council reserves the right to adj ourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. City of Denton City Council Agenda November 13, 2012 Page 3 CERTIFICATE I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2012 at o'clocic (a.m.) �P.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: November 13, 2012 DEPARTMENT: Utilities ACM: Howard Martin 349-8232 �� SUBJECT Receive a report, hold a discussion and give staff direction on the Texas Transportation Enhancement 2012 Call for Proj ects, and make a recommendation for proj ect submittal. BACKGROUND In early October, the City received information that TxDOT would be holding a meeting to present information on their call for proj ects for the Transportation Enhancement Program. The meeting was held October 22, 2012 at the North Texas Council of Governments (NTCOG) offices. The deadline for submittal of projects is November 16, 2012. There are 12 federal categories in this call for proj ects and they will grant a maj ority of the funds to Category 1: Provision of Facilities for Pedestrian and Bicycles (approximately 50%). To be eligible for consideration, all proj ects must demonstrate a relationship to the surface transportation system and incorporate at least one of the following 12 categories: • Category 1: Provision of Facilities for Pedestrians and Bicycles • Category 2: Provision of Safety and Education Activities for Pedestrians and Bicycles • Category 3: Acquisition of Scenic Easements and Scenic or Historic Properties • Category 4: Scenic or Historic Highway Programs (including the provision of tourist and welcome center facilities) • Category 5: Landscaping or Other Beautification • Category 6: Historic Preservation • Category 7: Rehabilitation and Operation of Historic Transportation Buildings, Stnictures, or Facilities, including Historic Railroad Facilities and Canals • Category 8: Preservation of Abandoned Railway Corridors, including Conversion and Use for Pedestrians and Bicycle Trails • Category 9: Control and Removal of Outdoor Advertising • Category 10: Archaeological Planning and Research • Category 11: Environmental mitigation to address water pollution due to highway ninoff and to reduce vehicle-caused wildlife mortality while maintaining habitat connectivity • Category 12: Establishment of Transportation Museums Eighty percent of the constniction costs are reimbursable and the City's share of the project must be cash, not in-lcind services. The City must have the ability to make contractor payments during constniction. Engineering and ROW acquisition are not reimbursable on Category 1 projects. Projects with a greater than 20% match will be ranlced higher in the selection process. TxDOT will be ranlcing projects higher if engineering and ROW acquisitions are complete. Projects must be completed in four years. Staff has examined the current list of projects that nught be potential candidates for this program. We have one proj ect that fits the criteria and has completed enough engineering that it should qualify. This proj ect, the Evers Parlc Bridge and Trail Proj ect, would connect Evers Parlc, Evers Parlc Elementary School, Stricldand Middle School, and North Branch Library to the McKamy Evers Estate and North Point subdivisions to the north. Currently, there is no direct linlcage of those areas without traveling along FM 2164 (Locust Street) to the east, connecting these neighborhoods, schools, and parlc facilities with a bilce and pedestrian trail. This project would also extend the hard surface trail north to the LTNT Discovery Center and North Lalces Parlc, and south to connect with the planned bicycle lanes on Windsor and Hinlde Streets and the existing Cooper Creelc Trail. The engineering for this bridge is complete and the Parlcs Department has funding for the bridge in the amount of $200,000. RECOMMENDATION Staff recommends submitting this project for consideration. FISCAL INFORMATION Because of the short turnaround time for this grant application, staff is still developing project costs. These project costs will be presented to Council at the meeting. At this point in the cost development, it appears that the project will be in the $1.25 million range. EXHIBITS L Map 2. Texas Transportation Flyer 3. Transportation Enhancement (TE) 2012 Schedule Respectfully subnutted: �. � �.� � .�.J Jim Coulter Director Water Utilities r-I N H � H � � W Northwest Denton Park Loop Trail Exhibit ��° `� � � � � � � � 1� � � ! � '� � � � �' � ,,,, �► �" � � !� "!� � � �� ;� � +� � � � � . ;� �, ,� . � � � � � ,, ,� � �, � � �, � � : :4 " "� ' ` � ';� � � �' �"xDQT is n�o�nr ��c�pti�n� �p�Cic�ti�an�s fc�r th�e �ed�r�lqy-�unti�d Trans�orta:ti�rn �nh�rn��ment Pre��rara� ��a awd ��ra7rnun�i�ies �crras� tM1�� st�t�. kJp �� *�iC� milkw�arr i�s avail�bl� tca fund tk�e irnpr�v�rrr�rrt �af ar��s ir� carrr�rrunpties iFoai� �r� �sse�cNated a�rpth tu°�nsp�artatican. �"'h�e �+rr��V�s�a� w�ilN f�eature tk�� f��rlla�s. Fart'��r�h ara�' �ar�is Tx�tiQT repr�s�nt�tives. TFue d�adf�ne fc��r subrr�assi�r�� ts� T��1t�T is Frida�+,�� Nawernber �.6, �!C��,2 �t 5pm �nd a cr py �h�auld �Is�a �i� pr�vided', t� �IC"f�C7� f�+� p��j�c�.s lacated wai�him� tt�� ,�-�cca�ar�ty� r�et�c�p��alitan pNa�rrtin� �rea�. P��C�� stccr��ly �t��c�u�rages �h�s� in�t�rested ir� subrni#tirng, an appli�aii��► t�r a�t��rnd this vvc�rk�h�ap, �s v�l�uable M�fc�rrrr�tu�an r�m th��e ca�l fa�r pr�aj��ts wull b� discu�s�e�V. ,��IIT�"�: Ilf �r��mw� ��-� a��p��.��.� n�� h'��,�� u��s��°�a��.�� :��Po�� r��ii��ll�a� ��m, �� a�� .� �'��o��. • . � . � • • , , ,� M ;� w � • + « r . � M '�, i! � � � � � , + N "' THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT 3 �1�� +��1 �i'��1��1�1� �T�� :� "� ` TTC Info (General: Fast Fact) RTC Info (General: Director's Report) Workshop (TxDOT-NCTCOG) STTC Action RTC Action Public Meetings Comments on Review Process ��--�� - _�� - STTC Action RTC Action Districts Work with Cities ---�� - - - �� - �� -�� - �_�� - Districts Provide Complete app. to Austin/COG Review of Projects TxDOT/FHWA for Eligibility Review of Projects for Scoring by NCTCOG STTC I nfo Public Meetings RTC Info TTC Action RTC Action �� -� �� Action by TTC 9/28/2012 10/11/2012 10/2�/2012 10/26/2012 1 1 /8/2012 Week of Nov 12 - - � - � � � ��_�-----____ - � 12/7/2012 12/13/2012 11/16-12/14 - ��- ��- � 12/14/2012 Jan - Feb 2013 ,Jan - Feb 2013 2/22/2013 March Meetings 3/14/2013 3/22/2013 4/11/2013 �� ,June/,July 2013 1 � � � � :z - � � e _ z � � 4 � _� z 3 � � � � � �, �, _ � �, � ' � _� � � Karla Weaver, AICP Program Manager K� �� _ � ^. � � _ �� _ z� t _ _ �� - _�_�� r-� � —� � (817) 608-2 3 76 or Alma Morphis Transportation Planner _ _ �� =�a��- a � - _- �_ —s° � ; � � � � � �� --s= �c _ - ``��. (817) 704-2 512 `,�,�; � � �` _ _ � �� ^ � ; ;, „�. ,�,,_�� -� � � � � � � � - �� ,.` �L_ � - 2 AGENDA INFORMATION SHEET AGENDA DATE: November 13, 2012 DEPARTMENT: Planning & Development ACM: John Cabrales �j SUBJECT — DCA12-0005 — Phccse II Gccs Well Drilling ccnd Production Ordinccnce R��isions Receive a report, hold a discussion, and give staff direction regarding the Phase II amendments of the City's Gas Well Ordinance. BACKGROUND On November 6, 2012, staff updated City Council regarding the progress of the Phase II Gas Well Drilling and Production ordinance amendments. During the work session, City Council requested that staff provide additional information. The municipal comparison table, Exhibit 1, was revised to include both Denton's current ordinance provisions and the provisions proposed in the second ordinance draft. Another comparison table, Exhibit 2, was created to compare items presented in the Drilling Advisory Group (DAG) Report and the Minority Report however, this exhibit only contains specific provisions that are comparable from municipality to municipality and does not include intangible concepts or stipulation that cannot be codified. Concerns identified in both the DAG and Minority Reports are included in the table only one time. In addition, items previously presented in the municipal comparison table or Taslc Force Action Item voting results are not duplicated in Exhibit 2. OPTIONS The purpose of this meeting is to seek City Council's direction on further revisions to the Phase II draft ordinance. The previous versions of the draft include stipulations that may require further examination or additional edits based on City Council's recommendations to staff. Options include: 1. Adding citizen items to the ordinance that were not previously included based on Taslc Force or consultant recommendations; 2. Strilcing langtiage from the draft ordinance that may pose a rislc to the City if enforced due to preemption concerns or other legal opinions; 3. Including stipulations currently written into regulations codified by another municipality; and 4. Responding to citizen inquiries regarding the process to include or eliminate specific language. RECOMMENDATION City staff recommends a discussion of the draft ordinance to specifically identify which items proposed in the draft ordinance should remain. ESTIMATED SCHEDULE OF PROJECT The timeline below identifies the steps that remain from the schedule presented to City Council on September 11, 2012. P & Z Cit Council November 14 Closed Session, Worlc Session, and Public Hearing December 18, Closed Session, Worlc Session, Public November 28 Hearing and Action Item Closed Session, Worlc Session, Public Hearing, and Action Item PRIOR ACTION/REVIEW October 1, 2012 — The advisory Gas Well Taslc Force held a public meeting. October 2, 2012 — Draft ordinance posted online for review and comment until October 12, 2012. October 22, 2012 — The advisory Gas Well Taslc Force held a public meeting. October 24, 2012 — Planning and Zoning (P&Z) Commission work session. November 6, 2012 — City Council work session. EXHIBITS Exhibit 1— Table of Other Municipal Provisions Exhibit 2— DAG and Minority Report Comparison Table Exhibit 3— Municipal Comparison Table for Bonding Amounts Exhibit 4— Municipal Comparison Table for Insurance Levels Respectfully submitted: � �� John Cabrales Assistant City Manager Prepared by: f,,,� .n� �� .�� ;��,�,; �r��,�' "J�" �� " �� Brian Locldey, AICP, CPM Planning and Development Interim Director Exhibit 1 Table of Other Munici al Provisions Excluded Denton Denton Proposed Arlington Flower Mound Fort Worth Grand Prairie Southlake Items Current 10-22 Draft • Site preparation, well servicing, truck deliveries of • Site preparation, well equipment and materials, servicing, truck deliveries of equipment and materials, • Work hours for site fracing, and other related • Truck deliveries of and other related work development (other than work is limited to between limited to the hours of 6 a.m. drilling and flowback), truck equipment and materials, the hours of 7 a.m. to 6 p.m., well servicing, site • Site development, other to 7 p.m. Mon through Sat. deliveries of equipment and CST and 7 a.m. to 8 p.m. preparation, and other than drilling, shall be materials, well servicing, site Work hours for � Fracturing only during day- ' Fracing operation shall be CDST, Monday through conducted between 7 a.m. to • Workover and fracture preparation, and other related work conducted is on-site scheduled to occur during Saturday. limited to the hours of 7:00 time hours. 7 p.m. Monday through stimulation restricted to related work is limited to activities daylight hours. Friday and between 9 a.m. to daytime. daytime hours. a.m. and 7:00 p.m. • Otherthan mobilization, 5 p.m. on Saturday. demobilization, and • No workover or reworking • Mobilization and • Fracture stimulation and advancing the bore hole, no operations shall be permitted other activities are allowed demobilization prohibited flowback during daytime during nighttime hours. on the drill site on before 9 a.m. and after 6 only. Thanksgiving or Christmas p•m. and no other activities Day. allowed on Sunday. Ambient report No No Yes No Yes Yes Yes sets noise level Noise mitigation (management) Not Required Required Required Required Required Required Required plan Pure tone noise considerations No Yes Yes No Yes Yes Yes Vehicle audible Prohibited during nighttime backup alarms Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed operations. No, but... SUP or site specific SUP or site specific Zoning authorization in certain authorization in certain SUP always required No • The Gas Well Drilling No SUP always required districts, otherwise allowed districts, otherwise allowed Committee (GDRC) reviews by-right. by-right. applications if Council waivers are required. On-site storage Not Addressed Allowed as outside storage, prohibited Prohibited Prohibited Prohibited Prohibited with secondary containment. Reclaimed Not Addressed Not Addressed • Connection required if Not Addressed Not Addressed Not Addressed Not Addressed water line drilling within 2,000 feet. 1 of 7 Table of Other Munici al Provisions Excluded Denton Denton Proposed Arlington Flower Mound Fort Worth Grand Prairie Southlake Items Current 10-22 Draft SWPPP Not Required Not Required Required Required Not Required Not Required Required • Roads constructed of • Private roads require reinforced concrete within concrete drive approach. 1,000 feet of the public road. • Access roads at least 24 • If 1,000 feet will not reach Roads and drive the site, 4-inch HMAC over 6- approach feet wide with 14 feet inch or 8-inch flexbase, with construction Not Addressed Not Addressed overhead clearance. Not Addressed Not Addressed dust control agent, may be Not Addressed standards considered. • Road surfaced with bituminous surface treatment, asphalt and • The gas well approach and concrete acceptable. driveway shall be located, designed, and surfaced with reinforced concrete. • 25 feet from outer boundary line, storage tank, or source of ignition. • 75 feet from public street, road, highway or future • 25 feet from drill site street, ROW, property line, or boundary, storage tank, or pad site boundary line. source of ignition. • 300 feet of any building Internal Not Addressed Not Addressed •�5 feet from public street, Not Addressed used or designed and Not Addressed Not Addressed setbacks road, highway or future intended to be used, for street, ROW or property line. human occupancy. • 100 feet from accessory • 100 feet from accessory building. building. • 100 feet from surface water conveyance: creeks, streams, lakes, ponds, drainage ditches, or storm water conveyance systems. • 5-foot no-build easement around the center of the ' Well head easement. plugged and abandoned well � 300-foot radius. No build Not Addressed Not Addressed Not Addressed Not Addressed bore. Not Addressed easement • Easement recorded in the ' No residential lots platted applicable county deed in the easement, until well records. abandoned. 2of7 Table of Other Munici al Provisions Excluded Denton Denton Arlington Flower Mound Fort Worth Grand Prairie Southlake Items • Within 180 days after initial • Within 45 days following • Within 120 days from • Within 60 days of Landscape • Within 30 days after • Within 180 days after Not Addressed drilling of the first approved the completion of drilling of setting the surface casing on completion of drilling or as timing well. spudding the first well. the first permitted well. completion of the first well. the first well. required by SUP. Street trees Not Addressed Not Addressed Required Not Addressed Not Addressed Not Addressed Not Addressed No trespassing Not Addressed Not Addressed • Required on all 4 sides of Not Addressed Not Addressed Not Addressed Not Addressed sign the site. • Electric or diesel-electric Rig type Not Addressed Not Addressed hybrid rigs within 450 feet of Not Addressed Not Addressed Not Addressed Not Addressed a protected use. • City Council may require an • City Council may require an increase in setback distance increase in setback distance Increase in or require any change in or require any change in setback Not Addressed Not Addressed operation, plan, design, Not Addressed operation, plan, design, Not Addressed Not Addressed distances layout, or any change in the layout, or any change in the on-site and technical on-site and technical regulations. regulations. • Fresh Water Fracture Pits • May construct if the • Frac pits shall incorporate require a City permit. protected use distance is Fracturin and • Re ulations a I if art of • Re ulations a I if art of design standards. greater than 500 feet. • Fracturing and completion 9 9 pp Y p 9 pp Y p • Pits are prohibited. • Ponds located on land not prohibited during June, July, frac pits drilling or production site. drilling or production site. . Designed as a water feature adjacent to a drilling site • A fracture pond design plan and August. on the site. shall be located in identified shall be submitted with the zoning districts. drilling application. • Operator shall employ an Security: off-duty peace officer to . Security system and system or Not Required Not Required Camera Required Not Required Not Required direct traffic at the pad site camera both required. camera entrance during high truck traffic. 3of7 Table of Other Munici al Provisions Excluded Denton Denton Arlington Flower Mound Fort Worth Grand Prairie Southlake Items • Piped to the surface and • Piped to the surface and have an observable and have an observable and • Bradenhead gauge must be Bradenhead Not Addressed Not Addressed adequate pressure gauge Not Addressed adequate pressure gauge installed at the wellhead prior Not Addressed with operable test valve. with operable test valve. to first sales. • Secondary containment required around compressor • SUP required before stations. permitting a natural gas compressor station. • All equipment and buildings associated with the Separate, • All equipment must be 600 compressor shall be screened feet from protected uses and from public view if within 600 specific • Section of ordinance 300 feet from other uses. feet of residentially used • Line compressors shall be compressor devoted to Oil and Gas Not Addressed Not Addressed Not Addressed property or ROW. enclosed within an acoustical station and Pipelines Technical and pipeline • Compressor station structure. permitting Regulations. regulations boundary enclosed by 8 foot • Line compressors shall be masonry screening wall. permitted only in appropriate zoning districts. • Equipment exceeding 10 feet enclosed in a building. • Section of ordinance devoted to Oil and Gas Pipelines Technical and Permitting Regulations. • No salt water disposal wells • No saltwater pipeline shall in the City of Grand Prairie or • Maintenance plans and be constructed, installed, its ETJ. inspections schedules must maintained, repaired, Saltwater replaced, modified, removed, • Produced water or other • Standards are not • Standards are not be provided to the City for • No salt water disposal Disposal (SWD) or operated without obtaining wastewater • Saltwater disposal wells Well and Pipline addressed, but SWDs addressed, but SWDs saltwater disposal lines. (injection) wells shall be a Pipeline Permit. collection/transportation prohibited. Standards prohibited. prohibited. located within the town. pipelines are prohibited. • Saltwater disposal wells . No salt water disposal prohibited. (injection) wells shall be • Individual or centralized located within the town. wastewater treatment facilities are prohibited. Annual Meeting Not Required Not Required Not Required Required Not Required Not Required Required • Stationary diesel power Lube oil plants located on the site purification Not Required Not Required Not Required shall have a lube oil Not Required Not Required Not Required purification unit. 4of7 Table of Other Munici al Provisions Excluded Denton Denton Arlington Flower Mound Fort Worth Grand Prairie Southlake Items • Not used for cleaning any • Not used for cleaning any Organic element, structure, or element, structure, or solvents Not Addressed Not Addressed Not Addressed component of the derrick, Not Addressed Not Addressed component of the derrick, drilling equipment, tools, or drilling equipment, tools, or pi pes. pi pes. • Lead-free, biodegradable • Lead-free, biodegradable Pipe dope Not Addressed Not Addressed Not Addressed Pipe dope shall be Not Addressed Not Addressed Pipe dope shall be substituted for API specified substituted for API specified pipe dope. pipe dope. • Signage plan • Landscape irrigation plan • Waste disposal plan . Description how the operations are consistent • Erosion control plan With the Southlake Comprehensive Master Plan • Erosion control plan; • Noise abatement study • Site Reclamation Plan; • Dust control plan • Waste management plan • Environmental protection Items required plan; • Leak Detection and with application • Erosion and Sediment • Driveway approach design Compliance Plan Control plan; • Site Restoration Plan. and permit application submittals that • Leak Detection and • Noise mitigation are not Not Applicable Compliance plan; • Gas dispersion model addressed for • Leak Detection and • Noise mitigation (management) plan. • Vector control plan, Compliance plan; and (management) plan. detailing measures taken to current Denton • Emergency Evacuation • Risk assessment, Blast ensure fracture pond will not projects plan; and study, and cement casing • Noise mitigation become a mosquito program (management) plan. harborage site • Noise mitigation (management) plan. • Continuous air quality • Leak Detection and monitoring and water testing Compliance Plan plan(s) • Noise mitigation . 7IA and SCADA plans (management) plan. • Soil sampling, site lighting, and erosion control plan(s) • At the time of application, ' The operator may apply for Multiple gas the Operator may request the and obtain a gas well permit well permits Not Addressed Not Addressed Not Addressed Not Addressed issuance of a Multiple Well for more than one (1) well if Not Addressed Site Permit. multiple wells are located on the same pad site. 5of7 Table of Other Munici al Provisions Excluded Denton Denton Arlington Flower Mound Fort Worth Grand Prairie Southlake Items • All wells that have a sales ' After fracturing or re- • After fracturing or re- Reduced line shall be required to fracturing, Operators shall fracturing, Operators shall • Vapor Revocery Unit (VRU) employ appropriate employ appropriate Emission Not Required Not Required employ reduced emission Not Required provisions. equipment and processes to equipment and processes to Completion completion techniques and methods. minimize natural gas and minimize natural gas and associated vapor releases. associated vapor releases. • If operations ceased for 90 Noise wall Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed days, noise walls and Not Addressed removal supporting structures shall be removed. • For gas drilling permit applications received after January 18, 2011, all initial drilling activities shall be required to cease five (5) • A Specific Use Permit for years from the date of permit gas well drilling must be issuance for the initial gas Time limits Not Addressed Not Addressed reviewed every five (5) Not Addressed Not Addressed well for a particular pad site. Not Addressed years. • For gas drilling permit applications received after January 18, 2011 all fracture ponds shall be required to be removed five (5) years from the date of permit issuance. • Landfarming shall be prohibited within the city limits of Grand Prairie. Landfarming Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Additionally, landfarming Not Addressed shall be prohibited within any area of the ETJ that is within the watershed ofJoe Pool La ke. • A quarterly extended gas Gas analysis analysis report must be reports Not Required Not Required Not Required Not Required Not Required Not Required provided to the City once completion or fracturing begins. 6of7 Table of Other Munici al Provisions Excluded Denton Denton Arlington Flower Mound Fort Worth Grand Prairie Southlake Items • It shall be unlawful to drill a well, or re-drill, deepen, re- enter, activate, or convert an Drilling into abandoned well, the center of existing Permissible Permissible Permissible Permissible Permissible Permissible which is located 500 feet wellbores from a City owned park or 1,000 feet from a habitable structure or school property line. • Operator required to Firefighter provide training and Emergency Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed instruction to the fire Responder department regarding well training safety and emergency management protocol. • The operator shall conduct Evacuation plan Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed a thorough testing of its testing evacuation plan on an annual basis. • A drill site in a floodplain • Connections to a freshwater requires the approval of the source; including the city city and, where applicable, • A notarized letter from a public drinking water system, the U.S. ACoE. hazardous materials cleanup private wells, other surface • The appropriate NFPA service company affirming and/or groundwater sources; • The Operator of a well diamond hazard placard shall that the operator has entered shall comply with cross located within an airport's Miscellaneous into a contract authorizing connection control flight path must obtain FAA Provisions Not Applicable Not Applicable be placed on each tank and said company to perform • No additional items. requirements. approval and submit an piece of equipment, as cleanup services in the event executed and recorded applicable. of a hazardous materials • Within one hundred eighty aviation easement. spill, leak, seepage, or (180) days of its completion accident. date, each gas well shall be • A thermal oxidizer shall be equipped with a cathodic required at times deemed protection system. necessary by the city's inspector or consultant. 7of7 Exhibit 2 DAG and Minorit Re ort Com arison Table DAG / MR Denton Denton Proposed Arlington Flower Mound Fort Worth Grand Prairie Southlake Proposal Current 10-22 Draft P� i" " o" , "oa a " i" a " a e" i e'e a a o a i" a a a "oa " o i a •a e •oo" " a'o , All electrical installations and equipment shall conform to City Required Required Required Required Required Required Required ordinances and applicable national codes Equip all pipelines • Equip all regulated with an automated pipelines subject to this pressure monitoring Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed subdivision with an system automated pressure monitoring system Disclose all chemicals (and their amounts) used in fracking and must Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed not use any known human carcinogens fluids No hydraulic fracturing within Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed 3,000 feet of freshwater wells • Landfarming shall be prohibited within the city limits of Grand Prairie. • Landfarming shall be prohibited within any area of No land farming Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed the ETJ that is within the Not Addressed watershed of Joe Pool Lake. • This prohibition shall supersede any permit or authorization from the Commission or any other state or federal agency. 1 of 3 DAG and Minorit Re ort Com arison Table DAG / MR Denton Denton Proposed Arlington Flower Mound Fort Worth Grand Prairie Southlake Proposal Current 10-22 Draft P� i" " o" , "oa a " i" a " a e" i e'e a a o a i" a a a "oa " o i a •a e •oo" " a'o , • Only Light Sand Fracture . Only Light Sand Fracture • Only Light Sand Fracture Technology or technologies Technology or technologies Technology or technologies Prohibit propane approved by the Fire Marshal approved by the Oil and Gas Not Addressed approved by the Oil and Gas Not Addressed Not Addressed Not Addressed fracking in accordance with the Fire Inspector shall be used to Inspector shall be used to Code City shall be used to fracture stimulate a well. fracture stimulate a well. fracture stimulate a well. Cost-benefit Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed assessment The submitted site plan shall: • The Pipeline Operator shall ' indicate the location of ... • Show the location of all • Show the location of all provide the City the Pipelines, compressors. • Separate OIL AND GAS • Indicate proposed pipeline • On the submitted site PIPELINE STANDARDS that Comprehensive pipelines and identify if pipelines and identify if following information, routes on the [submitted plan, indicate the location of • A Pipeline Map indicating address mapping, infrastructure plan pipelines connect with a Gas pipelines connect with a Gas including GPS information Distribution System. Distribution System. site] plan. ... pipelines, compressors. sufficient to locate the the location of the nearest permitting, and regulating Pipelines in the future. 9athering station and the various pipeline. alignment of the pipeline(s) connecting the Operation Site to the Gathering Stations. Assessment of the long-term integrity of underground Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed infrastructure post- abandonment • A permanent abandonment • A permanent abandonment • A permanent abandonment • A permanent abandonment � The operator shall mark • Submit to the Oil and Gas marker pipe, with the well marker pipe, with the well marker pipe, with the well marker pipe, with the well the exact location of plugged identity and location identity and location identity and location identity and location Inspector the surface hole and abandoned wells with a permanently inscribed, shall permanently inscribed, shall permanently inscribed, shall permanently inscribed, shall Label (mark) Not Addressed locations in an acceptable be welded to the casing and be welded to the casing and be welded to the casing and be welded to the casing and steel marker not less than 4 abandoned wells GIS format to accurately shall be at least 4 inches in shall be at least 4 inches in shall be at least 4 inches in shall be at least 4 inches in inches in diameter set in map and track well diameter with a length of 4 diameter with a length of 4 diameter with a length of 4 diameter with a length of 4 cement and extending at locations. feet visible above the ground feet visible above the ground feet visible above the ground feet visible above the ground least 4 feet above mean level. level. level. level. ground level. 2of3 DAG and Minorit Re ort Com arison Table DAG / MR Denton Denton Proposed Arlington Flower Mound Fort Worth Grand Prairie Southlake Proposal Current 10-22 Draft P� i" " o" , "oa a " i" a " a e" i e'e a a o a i" a a a "oa " o i a •a e •oo" " a'o , • Prior to the commencement of activities, operator shall submit to the Comprehensive inspector an emergency accident and crisis Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed response plan establishing Not Addressed management plan written procedures to minimize any hazard resulting from drilling, completion or producing of gas wells. Escrow agreement equaling the total cost of purchasing Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed and planting required vegetation Clean-up operations performed by Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed independent party Independent seismic study to insure that drilling Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed and fracking will not occur on an active fault line All persons who engage in the buying or leasing of minerals will Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed register with the City and disclose what companies they work for Drilling permit valid only for active Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed drilling purposes Wells inactive for a defined period of Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed Not Addressed time require a new permit 3of3 Exhibit 3 � . � a . s' . � - • � • r' r ' ' • �r' sit�; ��1[ = $�.f��1K 5 vuel[s - ��t�K `s vve[[� = ��ClK ��d' �s a ta�l t� nc�ntiviz� t�� r��tin,� w�lls �an '�w�r d'rill sit�s by �pplyin,� a ti�r�d ;avera,�� am€�unt hat encc�ura�es nulti-well pad E[fes. fc�r sin�le M'in�r�um �2t��,t�� er site R�vi��d'' ir� 2t1�.1 fi� � updat�d f�gur� ini�i�lly ad�p��d in ZpQ�; ��s�d on in�r��s�s in c�s�s, p�°��a�r� �alu�s, and th� i�t�'usi�n �f n�t�ar�l g�s a �p��i�tts itt�� areas iFrai are r��i��nti�[ in )riCCin�: $14€�,�€�€� blanket up tr� ��, ��us �5t�,€�� pe� srell �ver i. 7� we��s = �1��K �i-i5il = $i5[lK i5� _ �2�(l� $SQ�.tIQ�Q� �er �nre��, reduced' tcr� �ii�,t�(lt� d'uring prc�d uetic�n. May prc�vide �[ankei ��nd �iu�ing �rc��ue�ic�n: �75 �nte[�� _ $��t?K 76-�5t� _ �15�K ��SQ = $Zi�iIK nitia� am�aur�t f�ar :C�asure and pcas�- �°rnp�r�b�� o r�quir��n�s i� :I�sure �� a si�e, ��r �ased' vn bid study xerf�rrr�ed by C�ty mur�ic�p�f�ties. � �i��. �,i�flf! per �re[[ t,�ti,�(Itl bl�r�kei • mutti�l� w�lls s�m+� �� w+�[[ n�ara}�1� t� uit'et�ent� in unici��[iii�s. ��.• .:. �ifiy Cou�ci[ �nit��ffr� revie�ed �ssumin� � u�r�rst- �a�e �cenari�. fihe �n�Iized t��ter��e [evel �r�� ad�u�ied ±n�ith h�l� frc�m e�u��ide 1��[ �nur��el �r�d r�vi�w fr�rr� � .. 1 of 1 Exhibit 4 ��ni�i��l +��ri��n T�bl� f�r Ir��r�n�� v+�f� �he c��e��t+�� rr��y �r+�vide the required c�ve��ge +�r� �,��I�n�Cet" ��sis f�ar rr�u��p�e �vells. �,��,Ut�� er �c�a�rr�n�e. 5,0�0,��(1 �er cc�rr�nce. ��5.t��.��a�i ��r �1,t�t��t� per ��-,(�t��,t�� r �1,ti�t�,�Q� �er oc��arrence. �c��arrenc�. ��curr�nee. �c�u��nce. ��.ii�iO.Ofl� p�er �5,��0�00� per �i,��0,��0 ��r �1,�0�,0�0 �er �ccc�rrence. �c�ss. �c�ss. c�ccc��rrce. � �� ,. �� ,_ � _ ,1 - • .� - .�r r�� - �� rr� �- . •.-,, ,-, �,t�t��?�?t� p�r $�,�t��,t��? ��r $1,t��?t�,�?��? ��r ��UCC�fl��'. €?��uCC�CI��. ��ut't'�'fle�. 51,Q�t�,�i�� p€'f �Cif��17�; 50{�,OQO per �5t�{�,O{�t� �aer 1�Ot� 0�0 per c��dent. a�c�dent. errtplc�yee� and 1 �I�t} I�I}I� lirrtit ca�c�c��atic�nal disease. � �� . �� . . , . �� . . . � . � � _ . �� r�� . �� . . r�� i ,• �� .. � �� ,. � �� r�� .• � �� ,. ', . . . . . - - >1�,t�t��,�t�t� per �c��ar��nc�. i� S.i?iiO.Ofl� p�er ass. ��U.�}i�U.Ui]i� ��t' )��11`C�tS��'. `s1.t�ti{).��.7 pe� tCifC��i'1�; s1.Qt}U�.QQ(l per �rrt�aioyee; and ��.p�}{}.ppp Iirrtit a�c�c�paticanai �ise�se. �irtirt�turtt c�f �� a,��i�,il{)fl. �� ,- � AGENDA DATE: DEPARTMENT: ACM: SUBJECT AGENDA INFORMATION SHEET November 13, 2012 Finance Bryan Langley �� Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount not to exceed $200,000 to allow for architectural services and Leadership in Energy and Environmental Design ("LEED") certification of the Linda McNatt Animal Care and Adoption Center Facility, and providing an effective date. BACKGROUND The FY 2012-13 Capital Improvement Program Budget includes provisions for the design and constniction of the Linda McNatt Animal Care and Adoption Center facility. The design and constniction of the facility will be funded with Certificates of Obligation, which are sold in conjunction with a Capital Improvement Program bond sale. The City of Denton's next Capital Improvement Program bond sale is scheduled to occur in April 2013. Staff would lilce to proceed with the design of the facility prior to the sale of the Certificates of Obligation. To accomplish this, staff is recommending that these expenses be paid out of the Unreserved Fund Balance of the General Fund. With the approval of the ordinance, these funds will be reimbursed once the Certificates of Obligation are sold. The City Council will also consider approval of an amendment to the architect contract for the Animal Services Building for LEED certification of this facility on November 13, 2012. While the design contract to be considered is approximately $138,000, staff is recommending a reimbursement ordinance in an amount up to $200,000, in order to provide flexibility for potential change orders. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) None Agenda Information Sheet November 13, 2012 Page 2 FISCAL INFORMATION This ordinance will allow the Certificates of Obligation to reimburse the General Fund in the amount not to exceed $200,000. Respectfully submitted: .µry � � Antonio Puente, Jr. Assistant Director of Finance S:\Legal\Our pocuments\Ordinances\12�2- Reimbursement - Animal Shelter.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE 1NTENT TO REIMBURSE EXPENDITURES FROM THE UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $200,000 TO ALLOW FOR ARCHITECTURAL SERVICES AND LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN ("LEED") CERTIFICATION OF THE LINDA MCNATT ANIMAL CARE AND ADOPTION CENTER FACILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures for architectural services and Leadership in Energy and Environmental Design ("LEED") certification for the Linda McNatt Animal Care and Adoption Center facility, which was approved in the 2012-2013 Capital Improvement Program Budget; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $200,000 for architectural services and Leadership in Energy and Environmental Design ("LEED") certification for the Linda McNatt Animal Care and Adoption Center facility. SECTION 2. All costs to be reimbursed pursuant hereto will be for architectural services and Leadership in Energy and Environment Design ("LEED") certification as authorized by Section 271.045 of the Texas Local Government Code. No tax-exempt obligations will be issued by the Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures are made, is acquired. That all amounts expended from the Unreserved Fund Balance of the General Fund for the purchase of architectural services and Leadership in Energy and Environment Design ("LEED") certification shall be reimbursed from Certiiicate of Obligation bond proceeds within the 2012-2013 fiscal year. SECTION 3, The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid. S:\Legal\Our pocuments\Ordinances\12�2- Reimbursement - Animal Shelter.doc 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 : APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �,,: ,� ��-" � ��,��<�ti �,,, y Page 2 of 2 AGENDA INFORMATION SHEET AGENDA DATE: November 13, 2012 DEPARTMENT: Police ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending a Professional Services Agreement (PSA) with Connolly Architects and Consultants for Design Services and Constniction Oversight for the Linda McNatt Animal Care and Adoption Facility entered into on January 10, 2012; and providing for an effective date. BACKGROUND The purpose of this agenda item is to seek City Council direction to approve an amendment to the architectural contract related to the design of the new Linda McNatt Animal Care and Adoption facility. The current facility constniction documents incorporate sustainability features, but the building was not specifically designed to obtain a particular Leadership in Energy and Environmental Design (LEED) certification. The original vision of the facility in the 2008 Master Plan was to seelc Gold LEED certification. However, as the project moved forward, it became apparent that the size and cost of the original plan, combined with the national economic downturn, exceeded the funding capacity of both the City of Denton and the Denton Animal Shelter Foundation. Along with a reduction in size, the decision was made to save additional funds by utilizing sustainability features where practical, but to not seek independent certification to achieve a particular LEED level. In essence, the focus was to include sustainability elements as much as possible without talcing funding away from animal habitats or reducing the capacity for housing and caring for animals. Recognizing that LEED certification is an important element to the City Council, staff has reviewed the incorporation of planned sustainability features and their potential to qualify the project for LEED certification. The McNatt constniction documents have been completed, and currently include approximately thirty (30) LEED points. Research conducted by Environmental Services staff has identified approximately 7 points that could lilcely be achieved with minimal additional costs. The threshold for Bronze LEED Certification is forty (40) points. The architect estimates that additional LEED points can be achieved through minimal changes to the drawings, comprehensive changes to the General Requirements and Specifications of the constniction contract, and the necessary LEED consultant project management. The addition of LEED Certification to the McNatt project is estimated to require a delay of approximately two months for design elements and constniction. Following review of the current design elements as they relate to LEED certification, staff discussed this issue with the Committee on the Environment (COE) at their November 5, 2012 meeting. The COE voted to recommend the pursuit of LEED Certification (3-0). The attached ordinance amends the current design contract with Connelly Architects and Consultants to incorporate LEED certification for the project. Attachment A provides the full scope of services for LEED Certification of the McNatt facility, including architectural design changes, the use of a LEED Consultant, and a LEED Commissioning Agent. OPTIONS 1. Council can approve the ordinance to amend the architect contract to seelc LEED certification as proposed by the Committee on the Environment. 2. Council can rej ect the ordinance, not seek LEED certification, and direct staff to proceed to the constniction phase using the current design with planned sustainable feat�ires. PRIOR ACTION/REVIEW 12/13/OS - Council Worlc Session on Animal Shelter Feasibility Shidy. 02/14/06 - Council Work Session on Denton Animal Shelter Foundation. 08/07/07 - Council Work Session on Denton Animal Shelter Foundation Agreement. 12/O1/08 - Council Worlc Session on Animal Care and Adoption Center Master Plan. 11/02/10 - Council Worlc Session on Animal Care and Adoption Center Master Plan Revisions. 07/12/11 - Council Work Session on Animal Shelter Constniction Planning Process. O1/10/12 - Council Meeting on Professional Services Agreement with Connolly Architects. 11/OS/12 - Council Committee on the Environment Meeting on LEED Certification. FISCAL IMPACT The fiscal impact of LEED Certification is $109,000 in additional fees and $28,848 in reimbursable expenses, for a total cost of $137,848. This will provide for the additional architectural design work and the inclusion of a LEED Consultant, and a LEED Commissioning Agent. Any additional costs for constniction will be determined after the receipt of bids for the General Contractor for the project. The cost for LEED Certification can be covered by the funding previously identified for the McNatt facility. Staff has prepared a reimbursement ordinance for consideration should Council decide to pursue the LEED Certification. Upon completion of design and the advancement of the proj ect, staff will solicit constniction bids. Upon receipt of bids, staff will have a more definite constniction estimate and will plan to brief the City Council on the total proj ect estimate along with the available budget at that time. Respectfully submitted, n� � r n �n�a�,v..�,�°��i.,�.�"��v. Lee Howell Chief of Police Prepared by: , � �- -w_. �� - . . ..�... �. �: ,... , Scott Fletcher, Captain \\codad\departments\legal\our documents\ordinances\I2\linda mcnatt animal center connolly architect amendment.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH CONNOLLY ARCHITECTS AND CONSULTANTS FOR DESIGN SERVICES AND CONSTRUCTION OVERSIGHT FOR THE L1NDA MCNATT ANIMAL CARE AND ADOPTION FACILITY ENTERED INTO ON JANUARY 10, 2012; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Denton and Connolly Architects and Consultants have entered into an agreement for the provision of professional services excluding from the scope of services the provision of Leadership in Energy and Environmental Design (LEED) Certification Services; and WHEREAS, The City Council has determined that it is in the best interest of the City of Denton to amend the said agreement to include within the scope of services the provision of LEED services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The agreement described hereinabove is hereby amended to include in the scope of services the provision of LEED Certification Services as set forth in Attachment "A" hereto, SECTION 2. The City Manager, or his designee, is hereby authorized and directed to execute all documents required to accomplish the said amendment. 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 :• APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY >� l ,,. .. BY: . �'"`' -'' � Attachment A ��12CH1"1'�,Cl'S c`�t CUNSU[�1'AN'I'S 2414 Exoosition [3oulevard, Suil.e A 2 Aus[in,Texas 78703 512.480.961 I fZx 512.980.9713 www.connollyaia.com ADDITIONAL SERVICES FOR LEED CERTIFIABLE DESIGNATION LINDA McNATT ANIMAL CARE & ADOPTION CENTER SCOPE OF SERVICES 1. Puisue LEED NC (Ne�v Construction) ceitification 2. Re�Tise 100% completed Bidding Docuinents to comply with LEED certifiable standaids 3. Piovide Conttact Administiation foi ievised Bidding Documents COMPENSATION At youi iequest �ve have included in the Architectuial/Engineering Fee Pioposal that is inclusive of the following: 1. Aichitectuial Design 2. Ci�Til Engineeiing 3. Mechanical/Electiical/Plumbing Engineeiing 4. Landscape Aichitectuie 5. LEED consultant — Lee Gios 6. LEED commissioning agent — Facility Perfoimance Associates Additional Fees $109,000 Aichitectuial $40,000 (spreadsheet attached) MEP Engineering $11,000 (includes Energy Model, EA1, Ciedit 1) LEED Consultant $40,000 (proposal attached) Cominissioning Agent $15,000 (includes enhanced conitnissioning) Estunatoi $3,000 (cost estimate of ie�Tised CD's) As Needed Services and Reimbursable Expenses $28 848 � LEED Credit Allo�vances $9,300 (identified in FPA proposal) LEED Contingency $5,540 for unfoieseen scope additions LEED Consultant Tiavel Allo`vance $5,400 Nla�mum foi tiavel and ievie�v fees Aichitect Tia�Tel Allowance $8,608 during document ievisions and CA Total Lump Surn Fee HOURLY RATES The hourly chaige �vill be as follo�vs: Principal Pioject Architect Staff Architect $150.00 $100.00 $80.00 1 of 2 $137,848 November 7, 2012 Aichitectuial Intein $60.00 BILLING AND PAYMENT Billing will be monthly based on the peicentage of design completion plus reimbuisable expenses. Payment is due within 30 days of the invoice. a LEED CERTIFICATION 1. The Architect agiees to endeavor to assist the City of Denton, subject to the scope of sei-�rices, teiins and provisions of this Agieement, in obtaini,ng certification undei the U.S. Gieen Building Council's (LJSGBC) Leadeiship in Energ�� and Envitonmental Design (LEED) rating as indicated in the agieeinent. The Architect cannot, ho�vevei, guaiantee LEED ceitification or d�e actual peiformance of the building based on the Engineer's design diawings, specifications, oi iesouice use oi consumption inodeling foi the Ptoject, noi can it guaiantee certain peifoLtnance le�rels anticipated thiough the LEED ceitification piocess, The City of Denton undeistands that the Pioject cannot achie�Te LEED ceitification until after substantial completion of construction and will be subject to ceitification piocesses and piocedures as deteiinined by the authority t�iat has jurisdiction. These pioceduies are outside the conttol of the Aichitect, may not be uniformly implemented and inay be subject to change at any tiine. The City of Denton agrees that submission foi LEED Certification for the Pioject in no way shall constitute a warianty oi guaiantee of such iating. Fuitheimoie; the City of Denton agiees that LEED iating is subject to obtaining points oi ratings, �vhich aLe outside the scope of the Aichitect's pait of the Pioject, are subject to thitd paLty interpretation, peifoiinance by thiid part�� coininissioning agent, requiie enfoicement of materials and methods outside the design scope and contiol of the Aichitect, any of �vhich may cause the Project to obtain a lessei Lating than the Cit�� of Denton e�pected, oi inay cause the Project to lose its abilit�� to obtain a iating. 2. Provide one (1) Trane Tiace building eneigy analysis (eneigy modeling) foi baseline code minunum building and actual building and s��stems. 3. The LEED teain �vill �vork �vith the City of Denton to identify and puisue the available points that cost the least to iealize. 4. Should additional tLa�Tel be necessaiy, a change to this contiact �vill be iequiied. 2 of 2 November 7, 2012