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2018-09-11 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1196,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardinggaswellsetbackdistances,includingthe history of setbacks in Denton and current setback requirements in other area cities. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Utilities – Environmental Services CM/ DCM/ ACM: Mario Canizares DATE: September 11, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding gas well setback distances, including the history of setbacks in Denton and current setback requirements in other area cities. BACKGROUND Denton’s Setback history Gas well setback distances in the City of Denton have a long history that predates the Denton Development Code. The various changes throughout these years reflect debates among gas well developers, land developers, citizens, and Council members as Denton continued to experience rapid increases in the number of gas wells within the City limits. Later modifications were influenced by these same variables as well as th the legal and policy implications of the approval of House Bill 40 in the 84 session of the Texas Legislature in 2015. The sections below briefly outline the history of how gas well setback distances have been changed over time in different versions of the gas well ordinance leading up to the most recent 2015 ordinance. Ordinance 2001-465 The first gas well setbacks were outlined in Section 35-503 of the Code of Ordinances. These setbacks were adopted in December 2001 via ordinance 2001-465 which stated: A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within Agricultural and Industrial Zoning Districts provided that no residential structure or place of assembly, institution or school exists no closer than 500' from the wellhead or within a previously platted residential subdivision where one or more lots have structures and provided that the drilling and production of gas meets the following requirements: 1) All applicable standards forth in Sec 35-505 of this Article 2) An approved Gas Well Development Plat and a Road Repair Agreement are on file with the Director, and 3) A Gas Well Permit has been issued by the Fire Marshal b) The drilling and production of gas within the corporate limits of the City shall be permitted by right within Agricultural and Industrial Zoning Districts if the property owner of a residential structure within 250' to 500' of the wellhead agrees in writing and provided that the drilling and production of gas meets the requirements of Sec 35-503(a)(1) through (3) and other requirements of this article. Ordinance 2002-040 Ordinance 2002-040, approved February 5, 2002, reflected the first adoption of gas well regulations within the then newly drafted Denton Development Code (DDC). Numerous oil and gas well regulations and standards were added to the DDC during this timeframe, and setback distances were specifically addressed in section 35.22.3.a-b of the DDC, which states: A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C, EC-I, IC-E, and IC-G Zoning Districts provided that no residential structure or place of assembly, institution, or school exists no closer than 500’ from the wellhead or within a previously platted residential subdivision where one or more lots have structures and provided that the drilling and production of gas meets the following requirements: 1. All applicable standards forth in Section 35.22.5, Standard Conditions for Gas Well Drilling and Production. 2. An approved Gas Well Development Plat and a Road Repair Agreement are on file with the Director. 3. A Gas Well Permit has been issued by the Fire Marshal. B. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C, EC-1, IC-E, and IC-G Zoning Districts if the property owner of a residential structure within 250' to 500' of the wellhead agrees in writing and provided that the drilling and production of gas meets the requirements of Section 35.22.3.A.1 through 3 and other requirements of this subchapter. Ordinance 2004-059 Ordinance 2004-059 was approved on March 3, 2004 and added language to the setback section of the DDC to address Watershed Protection Permits (WPP). Additional language was also added to the DDC outlining the requirements and standards for obtaining a WPP. WPPs allow gas well developments within the floodplain fringe portion of floodplains and addressed environmentally sensitive areas requirements for gas wells. This new language was added to address concerns from property owners and developers that otherwise developable land was being rendered undevelopable due to gas well setback distance requirements. By allowing the gas well development in the flood fringe under certain conditions, more of the non-floodplain portion of the property could be developed for other uses. Section 35.22.3.a-b was modified to reflect the WPP language as follows: A. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C, EC-I, IC-E, and IC-G Zoning Districts provided that no residential structure or place of assembly, institution, or school exists no closer than 500’ from the wellhead or within a previously platted residential subdivision where one or more lots have structures and provided that the drilling and production of gas meets the following requirements: 1. All applicable standards forth in Section 35.22.5, Standard Conditions for Gas Well Drilling and Production. 2. An approved Gas Well Development Plat and a Road Repair Agreement are on file with the Director. 3. A Gas Well Permit has been issued by the Fire Marshal. 4. A Watershed Protection Permit for wells located in the Flood Fringe or other ESA’s. B. The drilling and production of gas within the corporate limits of the City shall be permitted by right within the RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C, EC-1, IC-E, and IC-G Zoning Districts if the property owner of a residential structure within 250' to 500' of the wellhead agrees in writing and provided that the drilling and production of gas meets the requirements of Section 35.22.3.A.1 through 3 and other requirements of this subchapter. Ordinance 2005-223 During this timeframe, there was a substantial amount of policy debate concerning damage to roads due to the amount of heavy equipment traffic associated with gas well drilling and production. A methodology was developed to determine the consumptive use of roads using equipment routing and trip estimates that were normalized to a standard single axle vehicle load. This calculation produced the consumptive impact of the equipment and trips associated with drilling and developing a gas well in terms of equivalent single axle loads (ESALs). Ordinance 2005-223 added these requirements to the Denton Development Code, and the setback distance section was modified to replace the requirement of “road repair” agreement with a “road damage remediation” agreement. Ordinance 2010-181 A span of five years passed before the next change regarding setbacks occurred within the DDC. On July 21, 2010, ordinance 2010-181 was approved, and added extensive language to the DDC regarding setbacks, including a 1,000 foot separation from the newly defined “Protected Uses” and previously platted residential subdivisions, a 500 foot setback for all other habitable structures, a variance procedure via the Zoning Board of Adjustment, setbacks for freshwater wells, and a much more developed consent process for reducing distances (note that in the ordinance, paragraph “d” is not present in the ordinance text, and appears to be a simple omission error). The ordinance also established that measurements were to be made from the boundary of the drilling and production areas identified on the Gas Well Development Plat or Gas Well Development Site Plan to the closest exterior point of any structure occupied by a Protected Use. These changes were outlined in 35.22.5.A.1.a-f as follows: A.1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within 1,000’ of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed or within 1,000’ of any lot within a previously platted residential subdivision where 1 or more lots have 1 or more structures. b. Except where more stringent separation distances are specified, the minimum separation distance between gas drilling or production, and all other uses or features other than those listed in 35.22.5.A.1.a, shall be 500’. c. The minimum separation requirement established in 35.22.5.A.1.a above may be reduced via the granting of a variance by the Zoning Board of Adjustment. Except that the ZBA shall not reduce the minimum separation distance any less than 500’. e. In lieu of 35.22.5.A.1.c above, the standards established in 35.22.5.A.1.a and b may be reduced if all the property owners of the Protected Uses, all owners of property with a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a previously platted residential subdivision where 1 or more lots have 1 or more structures within the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum separation distance shall not be reduced to less than 250’ via the notarized waiver. f. Separation distances shall be measured from the boundary of the drilling and production areas identified on the Gas Well Development Plat of Gas Well Development Site Plan, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a Protected Use, or freshwater well currently in use at the time a complete application for a gas well development site plan is filed, or the closest lot line of any undeveloped lot within a previously platted residential subdivision where 1 or more lots have 1 or more structures. Ordinance 2010-196 Ordinance 2010-181was only in place for approximately 1 month before it was replaced by Ordinance 2010-196, which became effective on August 31, 2010 and introduced in Section 35.22.5.A.1.e a minimum 250-foot setback for protected uses associated with a pre-existing drilling and production areas. Although not referred to as such in this Ordinance, over time this type of setback became referred to as a “reverse setback” (note that in the ordinance, paragraph “c” and f are not present in the ordinance text and presumably remained in the same form as they appear in Ordinance 2010-181). These changes were outlined in 35.22.5.A.1.a-f as follows: A.1. Separation standards. The following requirements apply only within City limits. a. No gas well drilling or production area may be located within 1,000’ of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Plat or Gas Well Development Site Plan is filed, or within 1,000’ of any lot within a previously platted residential subdivision where 1 or more lots have 1 or more habitable structures. b. Except where more stringent separation distances are specified, the minimum separation distance between a gas drilling or production area and all other habitable structures other than those listed in 35.22.5.A.1.a, shall be 500’. d. In lieu of 35.22.5.A.1.c above, the standards established in 35.22.5.A.1.a and b may be reduced if all the property owners of the Protected Uses, all owners of property with a freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, and all owner of lots in a previously platted residential subdivision where 1 or more lots have 1 or more habitable structures within the reduced separation area, consent to the reduction via a notarized waiver, and the notarized waiver is attached to the permit application. However, the minimum separation distance shall not be reduced to less than 250’ via the notarized waiver. e. Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where 1 or more lots have 1 or more habitable structures may be located as close as 250’ of a pre-existing drilling and production area, provided that the lots or Protected Use is not served by a freshwater well that is located within 1,000’ of the drilling and production area. Ordinance 2013-014 The next modification of the setback distance component of the DDC occurred via Ordinance 2013-014, th which was approved on January 15, 2013. The changes introduced by these code revisions included increasing the setback standard to 1,200 feet from any protected use or freshwater well, and within 1,200 feet of a previously platted residential subdivision as stated. A. 1. Separation standards. The following requirements apply only within City limits. a. No Drilling and Production Site may be located within 1,200’ of any Protected Use, or freshwater well currently in use at the time a complete application for a Gas Well Development Site Plan is filed, or within 1,200’ feet of any lot within a previously platted residential subdivision where 1 or more lots have 1 or more habitable structures. b. Except where more stringent separation distances are specified, the minimum separation distance between a Drilling and Production Site and all other habitable structures other than those listed in 35.22.5.A.1.a, shall be 500’. c. The minimum separation requirement established in 35.22.5.A.1.a above may be reduced via the granting of a variance by the Zoning Board of Adjustment. Except that the ZBA shall not reduce the minimum separation distance any less than 500’. d. Notwithstanding any other provision of this subsection, a Protected Use or lot within a previously platted residential subdivision where 1 or more lots have 1 or more habitable structures may be located as close as 250’ from a pre-existing Drilling and Production Site, provided that the lots or Protected Use is not served by a freshwater well that is located within 1,200’ of the drilling and production area. e. Separation distances shall be measured from the boundary of the Drilling and Production Site identified on the Gas Well Development Site Plan, in a straight line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a Protected Use, or freshwater well currently in use at the time a complete application for a gas well development site plan is filed, or the closest lot line of any undeveloped lot within a previously platted residential subdivision where 1 or more lots have 1 or more structures. f. The separation standards of this section apply to a site containing a compressor station. Ordinance 2015-133 The last DDC revisions related to setbacks were adopted via Ordinance 2015-133. This ordinance was approved on August 4, 2015 and appears to be the first time the term “reverse setback” was codified. The language addressing setbacks was moved from Subchapter 22 of the DDC to a newly created section of the DDC (Section 35.5.10) entitled "Gas Well Development", which helped strengthen enforceability by making the setbacks a component of the zoning regulations. Another important change to setbacks under ordinance 2015-133 was an expansion in applicability of the 300 foot separation required under the Fire Code between gas wells and building classified as “Group A, E, or I” (Education, Assembly, and Institutional). Section 35.5.10.E – F expanded the applicability of this requirement to all Protected Uses and to any equipment on a Drilling and Production Site, not just the wellhead. During the approximately two and a half years between the adoption of ordinance 2013-014 and ordinance 2015-133, several notable events occurred. For example, the City Council adopted a gas well moratorium, Ordinance No. 2014 -137, which was subsequently amended three times to extend the term and was set to expire on August 18, 2015. In addition, an initiative ordinance to ban hydraulic fracturing was also enacted by votes of the citizens of Denton on November 4, 2014 and was ultimately amended by the City Council on June 16, 2015 to repeal the ban. On May 18, 2015, House Bill 40 (Texas Natural Resources Code, Sec. 81. 0523) was enacted, which provides the State of Texas with exclusive jurisdiction over Gas Well Drilling and Production Activities and substantially curtailed municipal regulatory authority for oil and gas operations. Setbacks are summarized in Section 35.5.10.2 as follows: Required Authorization for Gas Well Development in City Limits. A. Zoning District Classifications for Gas Well Development 1.Gas well development is classified as an industrial land use in all zoning districts. 2.Gas well development is permitted as set forth in Sections 35. 5. 1 through 35. 5. 7 of the DDC, subject to the Limitations in Section 35. 5. 8 of the DDC and the standards in this section and in Subchapter 22. Gas well development also is permitted if authorized by a Master Planned Community ("MPC ") or Planned Development ("PD ") District. 3.In order to foster compatible land use within zoning districts, Gas Well Development within the corporate limits of the City will be subject to reasonable setbacks from Protected Uses and Residential Subdivisions, which vary according to the types of uses authorized in each district. Because many gas wells are already in close proximity to existing Protected Uses or Residential Subdivisions, setbacks standards within districts will vary according to whether the proposed Gas Well Development takes place on an Existing Site or a new site. 4.A Drilling and Production Site Setback is the distance that the site must be separated by an Operator from an existing Protected Use or Residential Subdivision. A Reverse Setback is the minimum distance that a Protected Use or Residential Subdivision must be separated by a surface owner from an approved Drilling and Production Site. A Minimum Setback is the minimum distance a Drilling and Production Site must be separated by an Operator from a Protected Use or Residential Subdivision after a waiver or variance is granted to reduce the setback requirement. B. Setbacks by Zoning District Classification: New Gas Well Drilling and Production Sites Setbacks from Protected Uses and Residential Subdivisions for new Drilling and Production Sites, Reverse Setbacks and Minimum Setbacks shall be as follows. In order to reduce Drilling and Production Site Setbacks, the procedures outlined in Section 35. 5. 10.3 must be followed. 1.For new Drilling and Production Sites in Rural Districts established by Section 35. 5. 1, in Neighborhood /Residential Districts authorized by Section 35. 5. 2, in Downtown University Core Districts authorized by Section 35.5.3, in Community Mixed Use Center Districts authorized by Section 35.5. 4, in Regional Mixed-Use Center Districts established by Section 35.5.5 and in Employment Center Districts authorized by Section 35.5.6: a. Drilling and Production Site Setbacks: 1000 feet b. Minimum Setbacks: 500 feet c. Reverse Setbacks: 250 feet 2.For new Drilling and Production Sites in Industrial Center Districts established by Section 35.5.7: a. Drilling and Production Site Setbacks: 250 feet b. Minimum Setbacks: 250 feet c. Reverse Setbacks: 250 feet Where a proposed Drilling and Production Site in an Industrial Center District is contiguous to the boundary of a district subject to the setbacks in subsection (1), the Drilling and Production Site Setback shall be 500 feet from Protected Uses or Residential Subdivisions within the adjacent district and the Reverse and Minimum Setbacks shall be 250 feet. 3.For new Drilling and Production Sites in PD Districts and MPC Districts, Drilling and Production Site Setbacks and Reverse Setbacks shall be as provided in the PD District or MPC District regulations or as provided in subsequent site - specific applications approved prior to August 4, 2015. The Drilling and Production Site Setbacks and Reverse Setbacks in subsection (1) shall apply to any setback not specified in the MPC or PD District regulations or in subsequent site - specific applications approved prior to August 4, 2015. Setbacks for Existing Gas Well Sites 1.For Existing Drilling and Production Sites in Industrial Center Districts: a. Drilling and Production Site Setbacks: 250 feet b. Minimum Setbacks: 250 feet c. Reverse Setbacks: 250 feet 2.For Existing Drilling and Production Sites in all other districts, except in MPC or PD Districts: a. Drilling and Production Site Setbacks: 500 feet b. Minimum Setbacks: 250 feet c. Reverse Setbacks: 250 feet 3.For Existing Drilling and Production Sites in MPC or PD Districts, setbacks shall be as provided in the MPC or PD District regulations, or as provided in subsequent site - specific applications approved prior to August 4, 2015. The Drilling and Production Site Setbacks and Reverse Setbacks in subsection (2) shall apply to any setback not specified in the MPC or PD District regulations, or in subsequent site - specific applications approved prior to August 4, 2015. Measurement of Setbacks 1.A Drilling and Production Site Setback shall be measured from the actual or proposed boundaries of the Drilling and Production Site in a straight line, without regard to intervening structures or objects, to the closest exterior point of any structure occupied by a Protected Use or any residential lot boundary line on an approved Residential Subdivision plat when not currently occupied by a Protected Use. 2.The Reverse Setback shall be measured from the closest exterior point of the proposed structure to be occupied by a Protected Use, in a straight line, without regard to intervening structures or objects, to the closest boundary designated for the approved Gas Well Development Site Plan, or, if no Gas Well Development Site Plan has been approved for the site, from the closest boundary of the Existing Drilling and Production Site. For a proposed Residential Subdivision plat, the Reverse Setback shall be measured from any undeveloped residential lot boundary to the closest boundary designated for the approved Gas Well Development Site Plan, or, if no Gas Well Development Site Plan has been approved for the site, from the closest boundary of the Existing Drilling and Production Site. 3.The Reverse Setback for all other proposed Habitable Structures shall be the distance prescribed by the Fire Code. No permanent Habitable Structure, however, shall be located within the boundaries of a Drilling and Production Site. Compliance with Fire Code Setbacks In the event of any conflict between the setback provisions established by this Subchapter and any setback provisions established by the Fire Code, as now adopted or hereafter amended by the City of Denton, whichever provision provides for the larger setback shall control. After the effective date of this amendatory ordinance, a property owner who constructs a Protected Use must maintain a distance of three hundred (300) feet between the closest exterior point of the proposed structure to be occupied by the Protected Use and any equipment on a Drilling and Production Site that produces or stores flammable or combustible liquid or gas, to assure efficient emergency response operations. After such date, an Operator who locates any equipment that produces or stores flammable or combustible liquid or gas on a Drilling and Production Site must maintain a distance of three hundred (300) feet between such equipment and the closest exterior point of a structure occupied by a Protected Use. The following table summarizes the major components of the gas well setback distances through the years Ordinance Restrictions for drilling and production by right* Protected Reverse Setback Use Setback* 2001-465 Agriculture and Industrial Zoning Districts 500 ft. Not applicable 2002-040 RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C, EC-I, IC-E, and 500 ft. Not applicable IC-G Zoning Districts 2004-059 RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C, EC-I, IC-E, and 500 ft. Not applicable IC-G Zoning Districts 2005-223 RD-5, RC, NR-1, NR-2, RCC-N, RCC-D, EC-C, EC-I, IC-E, and 500 ft. Not applicable IC-G Zoning Districts 2010-181 Protected Uses 1,000 ft. Not applicable 2010-196 Protected Uses 1,000 ft. 250 ft. 2013-014 Protected Uses 1,200 ft. 250 ft.** 2015-133 Protected Uses 1,000 ft. 250 ft. * The term “protected use” was introduced in the 2010-181 ordinance. Prior to this, protections for similar uses was based on fire code definitions of residential structure, place of assembly, institution, or school. A protected use was defined in 2010-181 as “Any residence, church, public park, public library, hospital, or school”, and 2010-181 defined a “residence” as “a home, abode, or place where an individual is actually living at a specific point in time. A structure or part of a structure containing dwelling units or rooming units, including single-family or two-family houses, multi-family dwellings, boarding or rooming houses, elderly living facilities, apartments, or dormitories”. **Measurements for reverse setbacks were modified to include both measurements of gas well site plan boundary to closest exterior point of any structure occupied by a protected use or, in the case of a proposed residential subdivision plat, the distance from the boundary of the gas well development site plan / boundary of the site to the closest lot line of any undeveloped lot within a previously platted residential subdivision where 1 or more lots have 1 or more structures. Setback distances for municipalities in Tarrant and Denton County In 2017, Fry, Brannstrom, and Sakinejad published an article entitled “Suburbanization and shale gas wells: Patterns, planning perspectives, and reverse setback policies” in Landscape and Urban Planning 168:9-21. The article summarizes their research on setbacks and reverse setbacks in Tarrant and Denton County for 48 municipalities. Figure 1. below summarizes the setback and reverse setback requirements from their research. Figure 1. Reverse setback distances (gray bars) and setback distances (black bars) in municipalities in Denton and Tarrant counties (as of February 2015). From Fry et. al., (2017). Suburbanization and shale gas wells: Patterns, planning perspectives, and reverse setback policies. Landscape and Urban Planning 168:9–21. Of the 48 municipalities surveyed by Fry et al., 9 use reverse setbacks to regulate how close new residential homes can be built to existing gas well facilities. Five municipalities (approximately 56%) of the reverse setback distances are 250 feet or less, and four municipalities (approximately 445) have distances that are greater than 250 feet. However, it is important to note that direct comparisons of setback distances can be complicated by the methods used to measure the distance. Some municipalities, for example, measure the setback distances from the wellhead to the wall of the protected structure on the adjacent land. Others may measure from the nearest piece of equipment to the wall of the structure, and others may measure from the site boundary of the gas well site. Denton currently measures from the site boundary of the gas well site, which is the most conservative approach. Additional distance is provided for the reverse setback in cases where a plat for a proposed residential subdivision exists, as the measurement in this case will be from the boundary of the gas well development site plan to the closest lot line of any undeveloped lot. Taking this measurement method into consideration, Denton has one of the more stringent reverse setbacks in the area for this particular type of reverse setback. Denton is also one of the two municipalities in the survey that require developers to note the location of existing wells within a specified distance on the deed, plat, or site plan. In terms of standard setback distances, 30 (approximately 62.5%) of the 48 municipalities surveyed have setback distances that are 600 feet or less, while 18 (37.5%) have setback distances that are greater than 600 feet. Of those that are great than 600 feet, the most common setback distances is 1,000 feet. As outlined above, the method of measuring the setback distance can have an influence on the true separation distance. City of Denton Staff conducted a survey of setback distances as a part of development of this Agenda Information Sheet, and were able to collect information from 38 municipalities in the Dallas Fort-Worth metroplex. On a per city basis, 27 (approximately 81%) of the municipalities in the staff survey have setback distances that are 600 feet or less, while 11 (approximately 19%) have setbacks greater than 600 feet. The most common setback distance for cities in the “greater than 600 feet” category is 1,000 feet (73%), and one city within this group has a setback distance exceeding 1,000 feet (Flower Mound; 1,500 feet). Legal perspectives on gas well setbacks At a previous Council meeting, Mr. Ed Soph spoke during Public Comment regarding the Gas Well Ordinance’s setback and reverse setback provisions. He inquired as to why the distances in the original draft Gas Well Ordinance amendments were decreased shortly before the Ordinance amendments were adopted. Mr. Soph is correct that this occurred, and the reasons why these setbacks were decreased are discussed below. House Bill 40 The first draft of the proposed Gas Well Ordinance amendments was revealed before the Texas Legislature passed House Bill 40 (“HB 40”). HB 40 was adopted in reaction to the Frack Ban Ordinance that Denton citizens approved at a November, 2014 election. The Legislature reacted to the Frack Ban Ordinance by adopting HB 40. HB 40 was the Legislature’s pronouncement that the State of Texas, and not Texas cities, has exclusive jurisdiction over the regulation of oil and gas operations. Most of the regulatory authority exercised by Texas cities, including Denton, was stripped away. Despite this, the Texas Municipal League was able to successfully lobby the Legislature to provide cities with limited regulatory authority, provided that such city regulations meet a strict four-part test. In summary, (1) municipalities can only regulate surface activities of oil and gas operations; (2) regulations must not effectively prohibit any operations; (3) regulations must not be otherwise preempted by state or federal law; and (4) regulations must be “commercially reasonable”. Setbacks City Staff, together with in-house City attorneys and outside legal counsel, compared the initial draft of the Gas Well Ordinance amendments with HB 40’s four-part test. Many ordinance provisions were recommended for deletion or revision to satisfy HB 40. One of the provisions were the setbacks to Protected Uses that new and existing oil and gas well pad sites were required to meet. HB 40 allows a city to impose “reasonable setbacks”, but this term is not defined in the bill. During one of the 2015 Legislative Committee meetings concerning HB 40, there was one legislator from a West Texas city who believed that 1,000 feet was a reasonable setback for cities to use. Aside from this Legislator’s statement, no one else proffered a reasonable setback distance. City Staff and the City’s attorneys analyzed a 1,000-foot setback based on the number and location of existing gas well pad sites, together with the residential housing growth trends within the City. Then they analyzed the proposed 1,000-foot setback against HB 40’s four-part test. Finally, they analyzed the legal risk of a federal and state constitutional “Takings Claim”. The recommendation was for new gas well pad sites to meet a 1,000-foot setback from Protected Uses. Existing gas well pad sites were recommended to meet lower setbacks distances for each new well they drilled on the existing site. A majority of Council agreed with these recommendations and adopted them as part of the 2015 Gas Well Ordinance amendments. Reverse Setbacks Reverse setbacks only apply to Protected Uses when they encroach upon existing gas well pad sites. In the last few years, there has been very little drilling activity within the City, but much growth in new residential subdivision construction. In several cases, these new residential subdivisions have encroached upon existing gas well pad sites. HB 40 did not address residential subdivisions encroaching upon existing gas well pad sites. Thus, some Denton citizens called for increasing the current reverse setback distance to 1,000 feet or greater. Even though HB 40 did not address, and does not apply to, reverse setbacks, there are still legal risks associated with increasing the reverse setback distance higher than 250 feet. Currently, a 250-foot ring is measured around the boundary of an existing gas well pad site. A surface developer cannot develop any residential lots or homes within the 250-foot ring. Increasing the ring outward to 1,000 feet yields a higher acreage amount of unbuildable land. As a result, property owners of large tracts of land, real estate professionals, and builders voiced their oppositions during public hearings and via emails to increasing the reverse setback distance beyond 250 feet. They claimed that large reverse setbacks would prevent them from developing their land to construct residential subdivisions. Several claimed in public that increasing the reverse setback would make a greater case for a federal and state constitutional “Takings” claims against the City. After further legal analysis, the City’s attorneys recommended that the reverse setback remain at 250 feet. A majority of Council agreed and adopted a 250-foot reverse setback as part of the 2015 Gas Well Ordinance amendments. The risks associated with mandating a larger distances for reverse setbacks include litigation and risks for legislative preemption, which would likely be driven by real estate, development, land owner, and mineral interests. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Gas well ordinances have had many actions over the years. Staff believes that the most thorough accounting of these actions is found in the Agenda Information Sheet associated with the adoption of the 2015 gas well ordinance (Ordinance 2015-233) on August 4, 2015. The “Prior Action / Review” section of that AIS is included herein for reference. On December 16, 2014, the City Council and P&Z held a joint Public Hearing concerning ordinance amendments to Subchapters 5, 7, 16, and 22 of the Denton Development Code. City Council continued the public hearing to their January 6, 2015 meeting and P&Z closed their public hearing, but delayed action as an Item for Individual Consideration. On January 6, 2015, City Council voted 6-0 to continue the public hearing for DCA14-0009 to their next meeting. On January 7, 2015, P&Z voted 7-0 to delay action on the Item for Individual Consideration of DCA14- 0009 until their next meeting. On January 13, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to an event certain, which is the meeting following receipt of a recommendation report from P&Z. On January 21, 2015, P&Z voted 7-0 to delay action on the Item for Individual Consideration of DCA14- 0009 until their next meeting. On February 4, 2015, P&Z voted 4-3 to recommend DENIAL of DCA14-0009, as presented. On February 17, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to March 3, 2015. On March 3, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to March 24, 2015. On March 24, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to April 7, 2015. On April 7, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to April 14, 2015. On April 14, 2015, City Council voted 7-0 to continue the public hearing for DCA14-0009 to June 16, 2015. On June 16, 2015, City Council voted 6-1 to remand DCA14-0009 back to P&Z for a public hearing on July 22, 2015. On July 22, 2015, P&Z voted 7-0 to recommend APPROVAL of DCA14-0009, with amendments. On July 28, 2015, City Council voted (7-0) to close the public hearing for DCA14-0009 and continued action to August 4, 2015. On August 4, 2015, City Council approved Ordinance 2015-233. RECOMMENDATION None. This AIS is being presented for informational purposes FISCAL INFORMATION None STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.2 Promote clean and healthy neighborhoods EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2 – Presentation Respectfully submitted: Kenneth Banks, 349-7165 General Manager of Utilities City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1237,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andprovidestaffdirectionregardingpotentialrevisionstotheCodeof Ordinances to address tie-votes. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: Bryan Langley DATE: September 11, 2018 SUBJECT Receive a report, hold a discussion, and provide staff direction regarding potential revisions to the Code of Ordinances to address the tie-vote process. BACKGROUND The City Council directed staff to present options for addressing issues identified with the City Council Rules of Procedure tie-vote provision. The current City Council Rules of Procedure (City Code, Sec. 2-29) requires an affirmative vote of four members to take official action, and treats a tie-vote as a pending matter which is carried over to subsequent meetings until the full board is present. Currently, the tie-vote provision is applied to all boards and commissions; meaning any motion resulting in a tie-vote will also be carried over to subsequent meetings until a full board is present. In cases where an official is absent or has to be recused due to conflict, there is an increased likelihood of a tie-vote. Despite the increased probability, Staff is aware of only one instance where a tie-vote has adversely impacted a board or commission. For example, there was recently an instance where the tie-vote provision resulted in an item being stalled with the Planning and Zoning Commission because a commissioner had to be recused and the commission did not have the four votes necessary to bring forward either a positive or negative recommendation to the City Council. As a consequence, both the tie-vote provision and Texas zoning law prevented the item from moving forward to the Council for final disposition. There are a few options that staff has identified to address the tie-vote provision, these options are dependent on the desired outcome: Address Tie-Vote Provision for All Boards and Commissions and City Council Should the City Council want to address the tie-vote issue with all boards and commissions, including the City Council, an amendment to the Rules of Procedure would be required. One option is to delete the tie- tie-vote results in a failed motion. Address Tie-Vote Provision for All Boards and Commissions Should the City Council want to address the tie-vote issue with all boards and commissions, excluding the City Council, a second option is to amend the Council Rules of Procedure section that makes them applicable to all City boards and commissions. Specifically, the first sentence of Section 2-29(h)(4) can be amended by adding the following: Rules of procedure: Board, commission and committee members shall comply with the provisions of article II of chapter 2 of the Code of Ordinances, except that Section 2- -would not be applicable. Each board, commission and committee member shall be provided a copy of these rules of procedure and a copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of such boards, commissions and committees. Boards and commissions shall comply with these rules as to the preparation of minutes of meetings, and such minutes shall be prepared in accordance with the policies and procedures of the city secretary. -votes would result in a failed motion. The City Council would then have the option to consider overturning a failed motion made by a board or commission. As is discussed in the following section, there will need to be a separate Denton Development Code amendment to determine the number of Council votes necessary to overturn a Planning enial recommendation resulting from a tie-vote. Address Tie-Vote Provision for Planning and Zoning Commission If the Council solely wishes to exclude the Planning and Zoning Commission from being subject to the tie- vote provision, the Council can amend ) to deem any Planning and Zoning Commission motion resulting in a tie-vote a denial recommendation that would then be forwarded to Council for a final decision. As Council is aware, zoning amendments that are recommended for denial by the Planning and Zoning Commission require a supermajority (3/4 vote of all members of the City Council qualified to vote) to make the amendment effective. This raises the question as to how to treat denial recommendations resulting for a tie-vote. Depending on what Council prefers, an additional DDC amendment can specify that such a denial recommendation will require a supermajority vote to overturn the recommendation, or will require a simple majority to overturn the recommendation. For a DDC amendment, Development Services Staff would provide separate work sessions for the Planning and Zoning Commission and the City Council. To have an amendment adopted, staff would follow the Staff is requesting direction from the City Council on how to proceed: Option 1: No action. Option 2: Remove the tie-vote provision for all boards and commissions, including the City Council, through an amendment to the City Council Rules of Procedure, which would delete the tie-vote provision, Section 2-- Option 3: Remove the tie-vote provision for all boards and commissions, excluding the City Council, by amending Section 2-29(h)(4) to make the tie-vote provision inapplicable to all City boards and commissions. Option 4: Address the tie-vote provision solely for the Planning and Zoning Commission through an amendment to the DDC, treating all Planning and Zoning Commission motions resulting in a tie- vote as a denial, and deciding the number of Council votes necessary to overturn a denial recommendation. Related Key Focus Area: Organizational Excellence EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1336,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingtheFY2018-19CityManager’sProposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: September 11, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the FY 2018- Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND The FY 2018-19 City was submitted to the City Council on July 27, 2018. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work ththst Session on August 2, 2018 and additional work sessions on August 7, 14 and 21. The purpose of this agenda item is to provide the City Council an additional opportunity for questions and dialogue on the FY 2018--Year Financial Forecast. Below is the schedule for the adoption of the tax roll, tax rate and budget: nd September 11, 2018 - 2 Public Hearing on Tax Rate Public Hearing on Proposed Budget September 18, 2018 - City Council Tax Roll, Tax Rate and Budget I look forward to discussing th-19 Proposed Budget in detail with you. If you have any questions, or need additional information, please let me know. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Budget Follow-Up Memorandum 3. Presentation Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 MEMORANDUM DATE: September 11, 2018 TO: Honorable Mayor and Members of the City Council FROM: Antonio Puente, Jr., Director of Finance SUBJECT: City Council Budget Questions and Responses Information regarding the FY 2018-19 Preliminary Budget was presented to the City Council on th, ththththth June 5and July 17. Department presentations have been presented on June 5, 6, 13, 20, thththndnd 27, July 18, 25, and Aug 2, 2018. The Proposed Budget was presented on August 2. Below is a summary of the most recent questions and requests, from the August 28, 2018 City Council meeting as I understand them, and the responses compiled to date. 1. Please provide a breakdown on late payment averages by commercial and residential type and the impact a 5% and 10% late fee example would be. The majority of commercial account types that pay late on a monthly basis are the small commercial type. Commercial Type Average Balance 5% Late Fee Example 10% Late Fee Example Small $353.67 $17.68 $35.36 Medium $1,620.50 $81.03 $162.05 Large $11,589.34 $579.47 $1,158.93 Residential Type Average Balance 5% Late Fee Example 10% Late Fee Example Residential $253.88 $12.69 $25.38 Multifamily $138.73 $6.93 $13.87 OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 2. Please provide a breakdown of commercial and residential bad debt by type. The majority of FY 16/17 commercial accounts with bad debt after the account closes are Miscellaneous, Solid Waste and Medium Commercial account types. Breakdown below: Bad Debt by Commercial Type FY 16/17 Bad Debt Total Percentage Small $5,069.65 14% Medium $9,655.55 26% Large $4,509.89 12% Misc/Solid Waste $10,915.26 29% Drainage/WW/Water $6,983.44 19% Total Commercial Bad Debt $37,133.79 100% The reason bad debt occurs on residential and multifamily accounts is related to deposit coverage. If the account was not required to pay a deposit during the tenure of the account, an opportunity still exists for the final two bills to be unpaid and evolve into uncollectable debt. The other factor is the deposit on file was not adequate for the remaining balance on the account after closure. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 3. Please provide additional benchmarking data in regards to bad debt and late fees (delinquencies). The City also approached CoServ to collect data. CoServ chose not to participate in providing data. Bad Debt To Number of Late Fee City Accounts Receivables % FY Late Payments Amount Denton 59,366 .14% 58,499 $20.00 Bryan 55,000 .19% 120,770 5% Garland 83,775 .26% 214,716 5% Georgetown 46,000 .45% 55,200 10% Greenville 14,983 .10% 27,804 5% Lubbock 101,000 1.00% 236,545 5% New Braunfels 81,838 .106% 73,494 10% San Marcus 32,694 4.93% 162,066 10% Richardson 32,745 4.24% 52,610 10% 4. Please provide information on the Downtown TIRZ, a breakdown of new improvements vs assessed value, and a list of significant additions identified as new construction or rehabilitations. 5ƚǞƓƷƚǞƓ Lw tƩƚƦĻƩƷǤ ğƌǒĻ DƩƚǞƷŷ #§ ¦¤ ¨ 6 «´¤ ®¥ #§ ¦¤ ¨ #¤±³¨¥¨¤£ 4 · 9¤ ± .¤¶ 6 «´¤ %·¨²³¨¦ #¤±³¨¥¨¤£ 6 «´¤ ȴ 6 «´¤² 0±®¯¤±³¨¤² 2018 ͡ΐǾΓΓΖǾΒΗΘ ͡ΑΒǾΔΏΑǾΓΒΔ ͡ΑΓǾΘΓΘǾΗΑΓ ͡ΐΕΖǾΏΏΏǾΔΖΔ 2017 ͡ΕǾΐΑΔǾΒΕΘ ($96,096) ͡ΕǾΏΑΘǾΑΖΒ ͡ΐΓΑǾΏΔΏǾΖΔΐ 2016 ͡ΒΒΓǾΐΓΏ ͡ΐΖǾΑΓΕǾΖΕΑ ͡ΐΖǾΔΗΏǾΘΏΑ ͡ΐΒΕǾΏΑΐǾΓΖΗ 2015 ͡ΓǾΗΏΒǾΕΖΐ ($1,248,168) ͡ΒǾΔΔΔǾΔΏΒ ͡ΐΐΗǾΓΓΏǾΔΖΕ 2014 ͡ΑǾΖΑΖǾΗΘΏ ͡ΐΔǾΗΕΘǾΑΒΒ ͡ΐΗǾΔΘΖǾΐΑΒ ͡ΐΐΓǾΗΗΔǾΏΖΒ 2013 ͡ΒǾΗΔΔǾΘΖΕ ͡ΑǾΗΑΕǾΒΒΘ ͡ΕǾΕΗΑǾΒΐΔ ͡ΘΕǾΑΗΖǾΘΔΏ 2012 ͡ΒǾΘΗΔǾΑΔΏ ͡ΒǾΘΕΑǾΔΖΖ ͡ΖǾΘΓΖǾΗΑΖ ͡ΗΘǾΕΏΔǾΕΒΔ 4®³ « ͡ΑΒǾΑΖΘǾΕΗΔ ͡ΕΑǾΏΕΒǾΏΗΑ ͡ΗΔǾΒΓΑǾΖΕΖ ͡ΗΕΓǾΑΘΑǾΏΒΗ ȴ #¤±³¨¥¨¤£ 6 «´¤ ®¥ ³§¤ $®¶³®¶ 4)2: ¨ ΑΏΐΐ ¶ ² ͡ΗΐǾΕΔΖǾΗΏΗ !³³ ¢§¤£ ¨² «¨²³ ®¥ ²¨¦¨¥¨¢ ³ ££¨³¨®² ¢®¬¯«¤³¤d ¶¨³§¨ ³§¤ 4)2:ȁ 4§¤¸ ±¤ «¨²³¤£ ¡¸ ¸¤ ± completed and ¨ ¬®²³ ¢ ²¤² ³§¤¨± µ «´¤² ±®²¤ ³§¤ ¥®««®¶¨¦ ¸¤ ±ȁ OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 Δȁ -2019 Schedule of Fees has been updated based on feedback received from Council during the August 28, 2018 meeting. The changes are summarized below: ,®¶¤± 7 ³¤± 7®±ª² 0 ±ª £ ¨«¸ £¬¨²²¨® ¯±¨¢¤² ¡¸ ͡Βȁ ͡ΐΖ ³® ͡ΐΓ ¥®± ®µ¤± ΓΗ ¨¢§¤² ͡ΐΒ ³® ͡ΐΏ ¥®± ´£¤± ΓΗ ¨¢§¤² 2¤¬®µ¤ ±¤¦´« ± £¨²¢®´³² ¥®± £ ¨«¸ £¬¨²²¨®²ȁ 4§¤ ¥®««®¶¨¦ ¯±®¬®³¨®² ¶¤±¤ ±¤¬®µ¤£Ȁ On-¦®¨¦ ͡Α ®¥¥ £ ¨«¸ £¬¨²²¨® ¢®´¯® ΔΏυ ®¥¥ £ ¨«¸ £¬¨²²¨® & ¬¨«¸ Γ 0 ¢ª ¥®´± £ ¨«¸ £¬¨²²¨®² ¥®± ͡ΔΑǾ ¶¨³§ ®¯³¨® ¥®± ¬¤ « £¤ « ££ ® ®¥ ͡Δ ¯¤± ¬¤ « 0«¤ ²¤ ®³¤Ǿ 0!2$ ²³ ¥¥ ¥¤¤« ¨³ ¨² ¨¬¯®±³ ³ ³® ª¤¤¯ ³§¤ ¦±®´¯ £ 0!2$ ²´¬¬¤± ¢ ¬¯ £¨²¢®´³² ¥®± £ ¨«¸ £¬¨²²¨®² ¨ ®±£¤± ³® ³ ±¦¤³ « ±¦¤ ¦±®´¯²ȁ 4§¤²¤ ¶¤±¤ «¤¥³ ¨Ǿ ² ²¯¤¢¨¥¨¢ £¨±¤¢³¨® ¶ ² ®³ ¦¨µ¤ ±¤¦ ±£¨¦ ¦±®´¯ £¨²¢®´³²ȁ 4§¤ £¨²¢®´³² § µ¤ ¡¤¤ §¨¦§«¨¦§³¤£ ® ³§¤ ²¢§¤£´«¤ ®¥ ¥¤¤²ȁ 10-ΑΘ ¦´¤²³² - ͡Β ®¥¥ ¯¤± £mission 30-ΘΘ ¦´¤²³² - ͡Γ ®¥¥ ¯¤± £¬¨²²¨® ΐΏΏχ ¦´¤²³² - ͡Γ ®¥¥ ¯¤± £¬¨²²¨® $¤³® 0!2$ # ¬¯² ¯ ¸ ͡Γ ¯¤± £¬¨²²¨® Εȁ Utility Bill Adjustments 5£¤± ²¯¤¢¨ « ¢¨±¢´¬²³ ¢¤² ³§¤ #¨³¸ ¬ ¸ ¬®£¨¥¸ ³§¤ ¬®´³ ®¶¤£ ®± ¶ ¨µ¤ ¯¤ «³ies ®± interest ® ²¯¤¢¨¥¨¢ ´³¨«¨³¸ ¢¢®´³²ȁ 4§¨² ««®¶² ¥«¤·¨¡¨«¨³¸ ¨ ¢®±±¤¢³¨¦ ¡¨««¨¦ ®± £¬¨¨²³± ³¨µ¤ ¨²²´¤²Ǿ £ ®¢¢ ²¨® ««¸ ¬¨³¨¦ ³¨¦ ¥¤¤² ³® ¤¢®´± ¦¤ ¯ ¸¬¤³ȁ 7 ¨µ¤±² £® ®³ ¯¯«¸ ³® «¨¤² ±¤²´«³¨¦ ¥±®¬ £¤«¨°´¤³ ´³¨«¨³¸ ¢¢®´³² ¯¤± ²³ ³¤ « ¶ȁ 0±¤²¤³«¸Ǿ ³§¤ ´³§®±¨³¸ ³® ¬ ª¤ ³§¤²¤ £©´²³¬¤³² £¤±¨µ¤² ¥±®¬ 3¯¤¢¨ « #®£¨³¨® 2¨£¤± ¨¢«´£¤£ ¨ ¤ ¢§ 5³¨«¨³¸ 2 ³¤ /±£¨ ¢¤ȁ &¨ ¢¤ ¨² ¶®±ª¨¦ ¶¨³§ ,¤¦ « ³® ¢±¤ ³¤ ²¤¯ ± ³¤ ®±£¨ ¢¤ ¶§¨¢§ ¶¨«« £¨¢³ ³¤ ¢®£¨³¨®² ¥®± ¡¨«« £©´²³¬¤³² ³® «« 5³¨«¨³¨¤²ȁ 4§¨² ®±£¨ ¢¤ ¶¨«« ¡¤ ¯±¤²¤³¤£ ¥®± ¯¯±®µ « ³® #®´¢¨« ® 3¤¯³¤¬¡¤± ΐΗ³§ȁ Attachments Attachment 1: Downtown TIRZ additions Attachment 2: Parks Schedule of Fees Attachment 3: Aquatics Budget Adjustments Presentation OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ATTACHMENT 1 ATTACHMENT 2 Ordinance Terrace Craft Rm Craft Rm Computer Rm Game Rm Green Rm/Classroom Blue Rm Half Gym Plaza Full Gym Orange Rm KitchenKitchenKitchen Room CRoom C Rotunda Room BRoom B Meeting Rm 2 Room ARoom A Meeting Rm 1 Hourly rates per room and service fees; multipurpose rooms and rates can be combined to rent one area.Hourly RatesHourly RatesHourly Rates ATTACHMENT 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1256,Version:1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071 Received information from the City’s attorneys and discuss legal status, strategy and possible resolution or litigation in Cause No. 17-3526-211, styled “Deborah Knabe v. Allison A. Vetere and the City of Denton, Texas th ” pending in the 211 Judicial District Court, Denton County, Texas; discussion of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1391,Version:1 AGENDA CAPTION DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. ReceivecompetitiveandfinancialpublicpowerinformationfromstaffrelatedtothePowerPurchase AgreementbetweentheCityofDenton,asthesellerofpowerandelectricenergyservices,andTexasWoman’s University,asthebuyerofpowerandelectricenergyservices;discuss,deliberate,andmakerecommendations toCityCouncilregardingthesame.ConsultationwiththeCity’sattorneysregardinglegalissuesassociated withtheabovematterswhereapublicdiscussionoftheselegalmatterswouldconflictwiththedutyofthe City’sattorneystotheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesof ProfessionalConductoftheStateBarofTexas,orwouldjeopardizetheCity’slegalpositioninany administrative proceeding or potential litigation. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1461,Version:1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071 Consultation with the City’s attorneys regarding legal issues associated with gas well setback distances where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. City of DentonPage 1 of 1Printed on 9/5/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1396,Version:1 AGENDA CAPTION Fall Prevention Awareness Day City of DentonPage 1 of 1Printed on 9/5/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1397,Version:1 AGENDA CAPTION Pain Awareness Month City of DentonPage 1 of 1Printed on 9/5/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1398,Version:1 AGENDA CAPTION Constitution Week City of DentonPage 1 of 1Printed on 9/5/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-771,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, acceptingcompetitiveproposalsandawardingapublicworkscontractfortheSupplyofOverheadElectric DistributionServicesfortheCityofDenton;providingfortheexpenditureoffundstherefor;andprovidingan effectivedate(RFP6582-awardedtoPrimorisT&DServices,LLC,forone(1)year,withtheoptionfortwo (2)additionalone(1)yearextensions,inatotalnot-to-exceedamountof$900,000forallyears).ThePublic Utilities Board recommends approval (7-0). City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, accepting competitive proposals and awarding a public works contract for the Supply of Overhead Electric Distribution Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6582- awarded to Primoris T&D Services, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $900,000 for all years). The Public Utilities Board recommends approval (7-0). RFP INFORMATION Denton Municipal Electric (DME), a department of the City of Denton (City), operates an Overhead and Underground electric distribution system which is 13.2/7.62 kV Grounded Wye. The City has a complement of electric system operating personnel to perform normal operating, maintenance, and construction work on the Overhead system. However, DME has a need of a contract arrangement to supplement that workforce, with qualified personnel, on a project and maintenance as needed basis. DME will be looking for a full-service Contractor capable of providing overhead line construction services. Desired services include, but are not limited to, installation of new or replacement of existing facilities on the system. Electrical construction material will be provided by DME or the City. Requests for Proposals were sent to 291 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals were received and evaluated based upon published criteria including delivery, compliance with specifications, performance, and price. Based upon this evaluation, Primoris T&D Services, LLC, was ranked the highest and determined to be the best value for the City (Exhibit 2). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 27, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with Primoris T& D Services, LLC for the Supply of Overhead Electric Distribution Services for a one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to- exceed amount of $900,000 for all years. PRINCIPAL PLACE OF BUSINESS Primoris T&D Services, LLC Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These services will be funded from Denton Municipal pole replacement, paid out of the Maintenance Operating Budget Account 600200.7899.5840. The budgeted amount for this is $900,000 over a 3 year period. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 4.1 Enhance public safety in the community EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Brad Watts 940-349-7500 9IL.L Ћ Exhibit 2 RFP 6582 - Pricing Evaluation for Supply of Overhead Electric Distribution Work Respondent's Business Name:Primoris T&D Services, LLCRES System 3 LLC Great Southwestern Const, Inc Principal Place of Business (City/State): Fort Worth, TXCarmichael, CAMansfield, TX EST. ANN. Description of JobUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended Price Item #UOM QTY SECTION A - LABOR: DE-ENERGIZED PRIMARY $ 83.20 $ 145,600.00 $ 71.86 $ 125,755.00 $ 76.49 $ 133,857.50 11,750Per Hr.Working Foreman $ 79.13 $ 19,782.50 $ 69.80 $ 17,450.00 $ 73.69 $ 18,422.50 2250Per Hr.Senior Lineman $ 76.40 $ 133,700.00 $ 69.80 $ 122,150.00 $ 70.89 $ 124,057.50 31,750Per Hr.Journeyman Lineman $ 68.20 $ 17,050.00 $ 69.80 $ 17,450.00 $ 69.40 $ 17,350.00 4250Per Hr.Lineman $ 62.67 $ 15,667.50 $ 55.11 $ 13,777.50 $ 67.91 $ 16,977.50 5250Per Hr.Apprentice, Step D $ 56.93 $ 99,627.50 $ 51.67 $ 90,422.50 $ 61.93 $ 108,377.50 61,750Per Hr.Apprentice, Step C $ 50.89 $ 12,722.50 $ 48.22 $ 12,055.00 $ 55.96 $ 13,990.00 7250Per Hr.Apprentice, Step B $ 38.58 $ 9,645.00 $ 44.78 $ 11,195.00 $ 49.98 $ 12,495.00 8250Per Hr.Apprentice, Step A $ 47.88 $ 83,790.00 $ 51.67 $ 90,422.50 $ 57.83 $ 101,202.50 91,750Per Hr.Equipment Operator $ 36.29 $ 9,072.50 $ 41.97 $ 10,492.50 $ 42.89 $ 10,722.50 10250Per Hr.Ground man $ 126.79 $ 6,339.50 $ 150.00 $ 7,500.00 $ 165.00 $ 8,250.00 Per Hole 1150Hand Digging Dirt $ 54.34 $ 2,717.00 $ 150.00 $ 7,500.00 $ 75.00 $ 3,750.00 1250Per FtHand Digging Rock $ 555,714.00 $ 526,170.00 $ 569,452.50 Total for Section A- Labor: TOTAL SECTION B - EQUIPMENT: The contractor shall furnish without additional cost all non-powered tools and equipment needed to complete Service Order(s) Project(s). $ 16.58 $ 29,006.44 $ 23.90 $ 41,825.00 $ 27.00 $ 47,250.00 Pickup Truck 131,750Per Hr. $ 18.64 $ 4,660.00 $ 57.21 $ 14,302.50 $ 28.69 $ 7,172.50 Service Truck 14250Per Hr. $ 47.25 $ 82,687.50 $ 57.56 $ 100,730.00 $ 44.00 $ 77,000.00 Line Truck 151,750Per Hr. $ 106.98 $ 26,744.39 $ 112.49 $ 28,122.50 $ 86.08 $ 21,520.00 Pressure Digger 16250Per Hr. $ 39.05 $ 9,762.00 $ 57.56 $ 14,390.00 $ 28.69 $ 7,172.50 Knuckle Boom Truck 17250Per Hr. $ 31.62 $ 27,665.29 $ 60.50 $ 52,937.50 $ 57.00 $ 49,875.00 Backyard Machine 18875Per Hr. $ 4.09 $ 4,091.12 $ 13.44 $ 13,440.00 $ 15.00 $ 15,000.00 Pole/Material Trailer 191,000Per Hr. $ 17.84 $ 4,460.00 $ 13.44 $ 3,360.00 $ 50.45 $ 12,612.50 Wire Reel & Tensioner Unit 20250Per Hr. $ 38.00 $ 66,500.00 $ 57.21 $ 100,117.50 $ 71.00 $ 124,250.00 211,750Per Hr. $ 48.22 $ 12,054.00 $ 78.40 $ 19,600.00 $ 111.79 $ 27,947.50 Bucket Truck (65 ft. reach) 22250Per Hr. $ 30.00 $ 7,500.00 $ 78.40 $ 19,600.00 $ 54.65 $ 13,662.50 Backhoe (60 hp) 23250Per Hr. $ 31.22 $ 7,806.00 $ 41.00 $ 10,250.00 $ 32.17 $ 8,042.50 Dump Truck 24250Per Hr. $ 18.00 $ 4,500.00 $ 16.80 $ 4,200.00 $ 50.00 $ 12,500.00 Generators (100 kW) 25250Per Hr. $ 45.71 $ 59,880.23 $ 138.43 $ 181,343.30 $ 300.00 $ 393,000.00 Hydro-Vac 261,310Per Hr. $ 347,316.96 $ 604,218.30 $ 817,005.00 Total for Section B- Equipment: TOTAL Estimated Total Cost (A & B): $ 903,030.96 $ 1,130,388.30$ 1,386,457.50 Contract Total: $ 900,000.00 Location of Jobsite 12.056.049.0 Evaluation 60Price60.047.939.1 10Location of Jobsite 10.02.12.4 20Probable Performance 19.020.018.0 10Compliance/Specifications10.0 10.010.0 100Total Award99.080.169.5 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1233,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractforthesupplyofliquidoxygenfortheWaterDepartmentto AirgasUSA,LLC;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(IFB6785- awardedtoAirgasUSA,LLC,forone(1)year,withtheoptionfortwo(2)additionalone(1)yearextensions,in a total not-to-exceed amount of $250,000 for all years). City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the supply of liquid oxygen for the Water Department to Airgas USA, LLC; providing for the expenditure of funds therefor; and providing an effective date (IFB 6785-awarded to Airgas USA, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $250,000 for all years). IFB INFORMATION /BACKGROUND Information for Bids (IFB) was sent to 120 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) bids meeting specification were received. The apparent low bidder, Praxair, Water and Wastewater Deparh opened on September 21, 2017. Throughout October and early terms that both parties would accept. The Liquid Oxygen portion of IFB 6530 was not awarded and Purchasing determined the need to rebid Liquid Oxygen. Due to the inability to come to terms with Praxair late last year and their similar noted exceptions taken for IFB 6785, which deviate substantially from the terms, conditions, and specification of terms and conditions. Therefore, staff is recommending the rejection of bid for Liquid Oxygen. The second apparent low bidder, Airgas USA, LLC, is the recommended vendor. Airgas USA, LLC has been the Liquid Oxygen vendor for a number of years. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 23, 2017, the Public Utilities Board (PUB) recommended IFB 6530 to the City Council for consideration. On November 7, 2017, Council approved the agreement for IFB 6530 for Water Treatment Chemicals for the Water and Wastewater Departments (Ordinance 2017-350), but did not approve an agreement for Liquid Oxygen due to the inability to agree to contractual terms with Praxair. RECOMMENDATION Award a contract with Airgas USA, LLC for the supply of Liquid Oxygen for the Water Department, in the three (3) year not-to-exceed amount of $250,000. The award amount includes a contingency for this chemical to insure Staff recommends that the bid from the apparent low bidder, Praxair, be rejected due to the bid not being contract exceptions which deviate substantially from the terms, conditions, and specifications of the contract, and not being capable of performing the contract with terms acceptable to the City. PRINCIPAL PLACE OF BUSINESS Airgas USA, LLC Denton, Texas ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. Chemical is delivered as needed throughout the year in bulk shipments to both drinking water treatment plants. FISCAL INFORMATION These items will be funded from Water Production Divisi Purchase orders will be issued as the chemicals are needed. The budgeted amount for this item is $300,000. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Sustainable & Environmental Stewardship Related Goal: 5.1 Manage Denton's water resources EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid tabulation Exhibit 3: Praxair Rejection Letter Exhibit 4: Contract and Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Randy Markham, 940-349-7526. MATERIALS MANAGEMENT DIVISION 901-B TEXAS STREET DENTON, TEXAS 76209 940.349.7100 FAX 940.349.7302 August 20, 2018 Via Email: municipalbids@praxair.com Praxair, Inc. c/o Kimberley Howard, Account Manager 7000 High Grove Blvd. Burr Ridge, IL 60527 th Subject: Invitation for Bids (IFB) 6785; City of Denton; Issued April 10, 2018 Water Treatment Chemicals; Liquid Oxygen Dear Ms. Howard, Thank you very much for the bid submitted to the reference IFB. We are aware of the great deal of time and work that went into your bid. The purpose of this letter is to inform you that the Purchasing Department will recommend to City Council that your bid on the referenced IFB be rejected and negotiations between the City of Denton, Texas and Praxair, Inc. be concluded due to the parties being unable to negotiate a purchase contract. The City of Denton and Praxair, Inc. were unable to negotiate a purchase contract for the water contractual terms submitted by Praxair, Inc. Throughout October and early November of 2017, City purchasing and legal staff worked with that both parties would accept. The contractual matters that prevented the City from accepting your bid on IFB #6530 exist in the exceptions submitted by Praxair, Inc. for IFB #6785. These exceptions are not acceptable and the recommendation to City Council will be to reject the bid submitted by Praxair, Inc. The recommendation to City Council will be to award a contract for IFB #6785 to the next lowest respondent to the IFB in the order of the selection ranking until a contract is reached or all proposals are rejected. We want to thank you for your proposal and your interest in this engagement, and we look forward to your participation and bidding on future projects. Should you have any questions about this matter, please feel free to contact me. Sincerely, S UZZEN S TROMAN B UYER City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1304,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcooperation, authorizingtheCityManagertoexecuteacontractthroughtheBuyBoardCooperativePurchasingNetwork ContractNumber507-16,forthePurchaseorRentalofUniformforCityofDentonemployees;authorizingthe expenditureoffundstherefor;andprovidinganeffectivedate(File6839-awardedtoG&KServices,aDivision of Cintas, for a three (3) year not-to-exceed amount of $500,000). City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal cooperation, authorizing the City Manager to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 507-16, for the Purchase or Rental of Uniform for City of Denton employees; authorizing the expenditure of funds therefor; and providing an effective date (File 6839- awarded to G&K Services, a Division of Cintas, for a three (3) year not-to-exceed amount of $500,000). FILE INFORMATION /BACKGROUND This item is for the purchase or rental of uniforms for City of Denton (City) employees that are required to wear uniforms for the performance should obtain uniforms for employees by purchasing or renting the uniforms from a vendor approved by the Materials Management Department. This includes field personnel for departments such as Solid Waste, Water, Wastewater, Parks, Denton Municipal Electric, Code Enforcement, Animal Services, Streets, Traffic, Facilities Management, Fleet Services and the City of Denton Distribution Center, but it does not include Police or Fire Department personnel. The Materials Management Department has designated the Buy Board Contract vendor, G&K Services, as the approved uniform vendor per City policy. This allows the City to ensure that pricing is consistent and reasonable for all using departments. The Buy Board contract is all inclusive including some items currently not used by the City of Denton but could be added at any time. Floor mats utilized by various departments in the entryways of City buildings are also rented through this contract. Pricing obtained through the Buy Board Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 1, 2005, Council approved the Interlocal agreement with the Buy Board Cooperative Purchasing Network (Ordinance 2005-034). RECOMMENDATION Award a contract with G&K Services for the supply of Uniforms for the City of Denton, in a three (3) year not-to-exceed amount of $500,000. PRINCIPAL PLACE OF BUSINESS G&K Services, a Division of Cintas Coppell, TX ESTIMATED SCHEDULE OF PROJECT Delivery of these items will occur on a weekly basis to numerous drop-off points at City facilities. FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Buyboard Purchasing Cooperative Award Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lori Hewell 940-349-7100. EXHIBIT 3 March 9, 2016 Sent Via Email: bhines@gkservices.com Beth Bohan G and K Services 5995 Opus Pkwy Minnetonka, MN 55343 Re: Proposal Name and Number: Uniforms and Accessories for Various Areas, No. 507-16 Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoard® contract based on the above-referenced Proposal. The contract is effective 6/1/2016 through 5/31/2017, with two possible one-year renewals. The contract documents are those identified in Section 3 of the General Terms and Conditions of the specifications. To view the items your company has been awarded, please review the proposal tabulation No. 507-16 on the following web-site:www.buyboard.com/vendor. Only items marked as awarded to your company can be sold through the BuyBoard contract. In addition, on this website you will find the membership list which will provide you with the names of all entities with membership in our purchasing cooperative. Enclosed with this letter you will find the following documents: Vendor Quick Reference Sheet Electronic Catalog Format Instructions Vendor Billing Procedures You are advised that receipt of a purchase order directly from a Cooperative member is not within the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard contract. Therefore, all purchase orders must be processed through the BuyBoard in order to comply. Please forward by fax (1-800- 211-5454) any order received directly from a Cooperative member. If you inadvertently process a purchase order sent directly to you by a Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. Per proposal specifications, awarded vendors will have 30 days or sooner to submit their electronic catalog including pricing.If the electronic data is not provided within 30 days or sooner of notice of award, we reserve the right to inactivate any company’s award information from the BuyBoard until such time the electronic data is received. On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact BuyBoard Procurement Staff at 8006952919. Sincerely, Arturo Salinas BuyBoard Procurement Director v.12.15 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1315,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the City Manager of an amendment to extend the Power Purchase Agreement by and between the City of Denton, Texas and the Texas Woman’s University; providing for an effective date. The Public Utilities Board recommends approval (6-0). City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City Hall 215 E. McKinney Street City of Denton Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric CM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas providing for, authorizing, and approving the execution by the City Manager of an Amendment to Extend the Power for an effective date. The Public Utilities Board recommends approval (6-0). BACKGROUND On February 3, 2015, the City Council, through action in closed session, passed Ordinance No. 2015-030 which approved a Power Purchase Agreement (PPA) between the City of Denton, Texas and Texas The Power Purchase Agreement, and any information or other documents related to the PPA, is exempt from public disclosure under the provisions of Texas Government Code, Sec. 552.133(a- 1)(1)(C) and (F). RECOMMENDATION Staff recommends adoption of the ordinance authorizing the execution of an Amendment to Extend the PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 11 and 25, 2018 PUB Closed Session Discussion June 12 and 26, 2018 City Council Closed Session Discussion STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance with Redacted Amendment to Extend Power Purchase Agreement Respectfully submitted: George Morrow DME General Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1344,Version:1 AGENDA CAPTION ConsideradoptionofanordinancebytheCityofDentonauthorizingtheCityManager,orhisdesignee,to accepttheComprehensiveSelectiveTrafficEnforcement(STEP)grant(GrantNo.2019-DentonPD-S-1YG- 00044)intheamountof$88,536.68fromtheU.S.DepartmentofTransportationpassedthroughtheTexas DepartmentofTransportationfortheperiodofOctober1,2018throughSeptember30,2019;andprovidingan effective date. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Denton Police Department CM/ DCM/ ACM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance by the City of Denton authorizing the City Manager, or designee, to accept the Comprehensive Selective Traffic Enforcement (STEP) Program Grant (Grant No. 2019-Denton PD-S-1YG-00044) in the amount of $88,536.68 from the U.S. Department of Transportation passed through the Texas Department of Transportation for the period of October 1, 2018 through September 30, 2019; and providing an effective date. BACKGROUND The Comprehensive Selective Traffic Enforcement Program (STEP) Grant provides for the reimbursement of overtime salaries paid to officers and supervisors enforcing specific traffic laws at targeted locations. The focus is on driving while intoxicated (DWI) violations, speeding, occupant restraint use, distracted driving offenses, and traffic control device violations. The goals are: (1) to increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes, (2) to reduce the number of DWI related crashes, injuries and fatalities, and (3) to increase occupant restraint use in all passenger vehicles and trucks. RECOMMENDATION Staff recommends approval of this resolution. ESTIMATED SCHEDULE OF PROJECT October 1, 2018 through September 30, 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action. FISCAL INFORMATION Texas Department of Transportation Grant Funds - $88,536.68 City of Denton Matching Funds - $122,825.64, see exhibit 4 STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.1 Enhance public safety EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 2019 - STEP eGrant Agreement Exhibit 4 Funding Explanation Respectfully submitted: Bobby D. Smith, Jr. Interim Chief of Police Prepared by: Frank Padgett Deputy Chief ORDINANCE NO. ____________ AN ORDINANCE BY THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT THE COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT (STEP) GRANT (GRANT NO. 2019-DENTON PD-S-1YG-00044) IN THE AMOUNT OF $88,536.68 FROM THE U.S. DEPARTMENT OF TRANSPORTATION PASSED THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PERIOD OF OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("City") finds it in the best interest of the citizens of the City of Denton that the Comprehensive "Selective Traffic Enforcement Program (known as STEP), grant be operated for the period of October 1, 2018 through September 30, 2019. WHEREAS, the City will provide a cash match in the amount of $122,825.64. WHEREAS, the City agrees that in the event of loss or misuse of the Comprehensive STEP grant the City assures that the funds will be returned to the Texas Department of Transportation in full; and WHEREAS, the City designates the City Manager as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City; and WHEREAS, the City authorizes the acceptance of the grant for the Comprehensive STEP grant; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in this Ordinance are hereby in all things approved. SECTION 2. The City Manager shall act as the City's authorized official, with the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. SECTION 3. To the extent any Ordinance previously adopted by the City Council is inconsistent with this Ordinance, it is hereby superseded. SECTION 4. If any one or more sections or clauses of this Ordinance is judged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts, ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the day of , 2018. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: ___________________________________ EXHIBIT 4 COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT (STEP) PROGRAM GRANT OCTOBER 1, 2018 SEPTEMBER 30, 2019 REVENUE Object Code Description Amount Overtime Civil Service 6111 (includes: police officers, sergeants, lieutenants) $88,536.68 MATCHING FUNDS CASH MATCH EXPENDITURES Object Code Description Amount Grant City Match 7838 (includes: overtime, fringe benefits and equipment) $122,825.64 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1408,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandDentonCommunityMarketforStaffTimeandPortableRestrooms;providingfortheexpenditureof funds in the total amount of Five Hundred Dollars ($500); and providing an effective date. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Community Market for Staff Time and Portable Restrooms; providing for the expenditure of funds in the total amount of Five Hundred Dollars ($500); and providing an effective date. BACKGROUND This Agreement allows for the total expenditure of $500 from Council Contingency Funds. (Council Member Deb Armintor). Key provisions of the Agreement include: Funds shall be used by Denton Community Market for Staff time and Portable Restrooms. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Agreement Respectfully submitted: Todd Hileman City Manager Prepared by: Robin Fox Senior Executive Assistant City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1413,Version:1 AGENDA CAPTION ConsiderandconfirmtheappointmentbytheCityManagerofLilyanPradoCarrillototheCivilService Commission. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Human Resources CM/ DCM/ ACM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider and confirm the appointment by the City Manager of Lilyan Prado Carrillo to the Civil Service Commission. BACKGROUND Police and Fire personnel of the City of Denton are governed by Chapter 143 of the Texas Local Government Code . With the adoption of Chapter 143, the City is required to implement a Civil Service Commission. Chapter 143.006(b) of the Texas Local Government Code states, ssion consists of three members appointed by the municipality's chief executive and confirmed by the governing body of the municipality. Members serve staggered three- Per Chapter 143.006(c), a person appointed to the Commission must: (1) be of good moral character; (2) be a United States citizen; (3) be a resident of the municipality who has resided in the municipality for more than three years; (4) be over 25 years of age; and (5) not have held a public office within the preceding three years. The current Commissioners are Darhyl Ramsey and John Baines. Ramsey has served on the Commission since August of 2004 and Baines has served since August of 2017. Paul Abbott was also a member of the Commission and served on the Civil Service Commission since December of 2011. He was appointed to serve an unexpired term of Peggy Fox. He served two additional terms, which his last term expired in August of 2018. Instead of an automatic reappointment, the City Manager wanted to have a more competitive process and seek letters of interest from qualified community members to serve on the Civil Service Commission. Four community members submitted letters of interest: Lilyan Prado Carrillo, Larry Capps, Keeton Harrington, and Phill Nabity. City Manager Todd Hileman, Deputy City Manager Bryan Langley, and Human Resources Director Carla Romine followed up with phone conversations with all four citizens. RECOMMENDATION The City Manager has elected to appoint Lilyan Prado Carrillo to the Civil Service Commission. A brief biography has been attached. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.2 Develop a high-performance work force EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Lilyan Prado s Bio Respectfully submitted: Carla Romine Director of Human Resources Lilyan Prado Carrillo Lilyan Prado Carrillo migrated to the United States from Guatemala when she was four years old. Raised solely by her father, J. Luis Prado, Lilyan has always understood the importance of education. Her father taught her ethics and the power of persistence. Lilyan graduated from Denton High School in 1998, and then attended NCTC where she funded her own education costs by working up to 50 hours per week and going to school part time because of her immigration status. She later tr received a full scholarship and quickly became an outstanding student leader and a campus motivator. In 2002, Lilyan was one of 30 students nationwide, awarded a congressional internship with the Congressional Hispanic Caucus Institute in Washington, D.C. In 2013 she earned a Masters in Public Administration from the University of North Texas. Since college, Lilyan has served as an educator, a university administrator, and facilitator for national organizations such as Monster Worldwide and the National Council of La Raza. In 2006, she was and presented to 40,000+ people about her personal journey and access to higher education. In 2007 Lilyan decided to relocate back to Denton, TX to marry Albert Carrillo, raise a family, and give back to her home community. Today Lilyan works full time at Alice Moore Alexander Elementary, a Title I school, serving as a bilingual specialist. She recently received the Estrella de Tejas award from the Hispanic Womens Network of Texas in San Antonio, for her leadership and contributions to the community. In addition, she is also a consultant for Educational Achievement Services, Coolspeak Youth Engagement Co., and Lifelong Legacies, Inc., empowering students, families and community members as a keynote speaker and workshop presenter. Most recently, in August 2018, Prado Carrillo was among notable young professionals from across the country selected to participate in a competitive year-long academy focused on building a pipeline of leaders for the Latino community. Lilyan is excited and grateful for the opportunity to serve her hometown, by working and serving through the Civil Service Commission. She is a wife and mom to 5 great kids and is a member of her local church and civic organizations such as LULAC and HWNT. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1416,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton releasing, abandoning, and vacating a 1.139 acre public utility easement granted to the City of Denton by Good Samaritan Village of Denton County, recorded as Instrument No. 1997-R0034793, Real Property Records, Denton County, Texas; providing for severability and an effective date. (Good Samaritan Addition - easement abandonment) City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance releasing, abandoning, and vacating a 1.139 acre public utility easement granted to the City of Denton by Good Samaritan Village of Denton County, recorded as Instrument No. 1997-R0034793, Real Property Records, Denton County, Texas; providing for severability and an effective date. (Good Samaritan Addition easement abandonment) BACKGROUND The Evangelical Lutheran Good Samaritan Society, a North Dakota nonprofit corporation Owner made a formal request for the City of Denton to abandon a 1.139 acre Public Utility Easement as it affects its property located at 2500 Hinkle Drive. The Owners property is the existing assisted and independent living development known as Good Samaritan Village. The Owner is adding a new 4 story building and the existing Public Utility Easement is located across the planned building area. In 1997 the PUE was dedicated to accommodate a encircling a section of on-site buildings. Treturned to Good Samaritan Village in 2011 upon the installation of a master meter, because the waterline only served their site. The Owner is relocating its waterline to address a conflict with its planned 4 story building. Since the waterline is considered private and no other utilities or services are located within the Public Utility Easement, the easement is no longer necessary or required. Staff recommends the abandonment of the Public Utility Easement. Staff performs an analysis on the request for abandonment as follows: Does the easement tract requested for abandonment have a continued public use? Is it the best interest abandonment tract? Would the granting of this request establish a precedent for future abandonment requests? Staff findings on this analysis are as follows: 1. The requested Utility Easement abandonment tract fits easement is defined as: Property rights acquired or used by the City for easement subsequently declared excess (not needed for any public project, the continuation of operation and maintenance of public facilities, and/or no foreseeable utility application in the future). 2. Essentially, ce line for only the Good Samaritan Village property. The Utility easement abandonment tract is not slated for utilization for any future Public facilities. 3. The Utility easement abandonment is bject abandonment is no longer needed by the general public and the area encumbered can be freed up for other uses. 4. This abandonment will not set a precedent, because the above three standards have been met. OPTIONS 1. Approve the proposed ordinance. 2. Decline to approve the proposed ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Late summer of 2018. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Development Review Committee recommended approval of the subject Easement Abandonments on June 7, 2018. Scheduled to be considered by the Public Utilities Board on September 10, 2018. FISCAL INFORMATION All costs associated with processing this abandonment are being borne by the Owner. Anecdotally, the owner has recently dedicated easements to the City for the benefit of the upcoming Hinkle and Windsor Paving and Drainage project. STRATEGIC PLAN RELATIONSHIP tion-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Location Map 3. Site Map 4. Applicant project narrative letter 5. Ordinance Respectfully submitted: Paul Williamson Real Estate Manager Prepared by: Mark A. Laird Real Estate Analyst Location Map CITY OF DENTON LOOP 288 Abandonment Site UNIVERSITY DRIVE UNIVERSITY DRIVE Court House FM 2449 Good Samaritan Village µ 01,1502,3004,600 Feet Exhibit 2 to AIS Site Map CITY OF DENTON Easement Abandonment Area µ 03570140 Exhibit 3 to AIS Feet Exhibit 4 to AIS ADVANCING THE ART OF ARCHITECTURE THROUGH GERONTOLOGY January 22, 2018 Easement Abandonment Application Project Narrative City Project Ref. #SP17-0021 / #1710-0475 Proposed 4-story Assisted Living & Independent Living addition for Good Samaritan at Denton Village - 2500 Hinkle Drive, Denton, TX 76201 (Block-1 / Lot-1R Good Samaritan Village). To whom it may concern: Please note, the following Project Narrative is being provided as required per the City of Denton Easement Abandonment Application Checklist. Each question has been re-stated and responses (in Red) have been provided accordingly. Please do not hesitate to contact us if you have Project Narrative: 1. What are the reasons for the proposed abandonment? A new 4-story building addition is being proposed / built. The intent is to re- route the underground utilities within the current easement so they do not end up directly underneath this proposed building addition. 2. Is the subject easement abandonment tract currently occupied with public utilities, facilities or franchise utilities? If so, what are the plans for relocation, rearrangement, adjustment or abandonment of those facilities? If applicable, explain how alternative easements are to be provided. Our research indicates -line exists within this easement (ref. Utility Easement Exhibit-A City of Denton #97-R0034793 and the Area Water Map). The intent is to re-route this water-line to the South and West (around the proposed building footprint). A new easement will be documented / established as allowed through separate instrument. 17480 Dallas Parkway, Suite 125 Dallas, TX, 75287 USA (972) 308-9977 info@loebarchitects.com Exhibit 4 to AIS Page | Ћ 3. What are the future development plans for the subject easement area proposed for abandonment? A new 4-story building will be built on top of the abandoned easement. The existing utilities will be re-routed along the Southern and Western sides of this proposed addition. 4. Are there alternatives other than abandonment of the subject easement tract, and if so, what are they? The proposed addition will occupy the only buildable area available on this site; no alternatives appear to be available. 5. If there is a proposed project, what is the anticipated start date? The anticipated start date is Feb. 2018. 6. Are there related pending development actions such as platting, zoning or permitting with City departments, and if so, what are they? A Site Plan Application (SP17-0021) and a Commercial Permit Application (1710-0475) are currently in for review with The City of Denton. 7. interests in the context of promoting the health, safety and welfare of the citizens of Denton? This easement appears to serve only the Good Samaritan Denton Village Campus, so no additional impact is anticipated regarding the above items. Regards, Zelma M. Loeb-Defever Owner / Architect Loeb Architects, LLC Exhibit 4 to AIS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1417,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoapprovethepurchaseofone(1)trailermountedFirePumpTestingand TrainingSimulatorfortheFireDepartmenttoFDInternational,Inc.;providingfortheexpenditureoffunds therefor;andprovidinganeffectivedate(IFB6853-awardedtoFDInternational,Inc.,inthenottoexceed amount of $61,700). City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to approve the purchase of one (1) trailer mounted Fire Pump Testing and Training Simulator for the Fire Department to FD International, Inc.; providing for the expenditure of funds therefor; and providing an effective date (IFB 6853 - awarded to FD International, Inc., in the not to exceed amount of $61,700). IFB INFORMATION /BACKGROUND This item is for the purchase of a trailer mounted, mobile fire pump testing and training simulator with automated pump testing hardware and software for the Fire Department. The unit is capable of completing on-site NFPA 1911 pump testing, an annual requirement for all pumping apparatus. Invitation for Bids was sent to 90 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. One (1) bid meeting specifications for performing pump tests on apparatus and training simulations was received by FD International, Inc. This bid is for a trailer mounted unit for mobility and includes a trailer for transporting the unit. Currently, annual pump tests are outsourced to various vendors in the Dallas / Ft Worth area. The Fire Engineer Training Simulator can complete tests on any size pump and recycles over 95% of the typical 40,000 gallons of water used to complete a pump test. In training mode, an average day will pump over 200,000 gallons of water and consume less than 2,000 gallons. The Fire Department, at its discretion, could perform testing and training operations for other municipalities or entities, recovering some of the capital costs of purchasing the equipment through fees. RECOMMENDATION Award a contract with FD International Inc., for the purchase of a trailer mounted Fire Pump Testing and Training Simulator in the not-to-exceed amount of $61,700. PRINCIPAL PLACE OF BUSINESS FD International, Inc. Aledo, Texas ESTIMATED SCHEDULE OF PROJECT Delivery of the trailer mounted Fire Pump Testing and Training Simulator will occur within 45 days after receipt of order. FISCAL INFORMATION These items will be funded from Fire Department operating account 100239444.1355.30100. Requisition #139481 has been entered in the Purchasing software system in the amount of $61,700. The budgeted amount for this item is $62,000. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terry Kader, 940-349-8729. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1418,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton releasing, abandoning, and vacating an electric transmission line easement granted to the City of Denton by Ethel Lee Bush, recorded in Volume 488 Page 289, Deed Records, Denton County, Texas; providing for severability and an effective date. (Bellaire North Addition - electric transmission easement abandonment) City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance releasing, abandoning, and vacating an electric transmission line easement granted to the City of Denton by Ethel Lee Bush recorded as in Volume 488 Page 289, Deed Records, Denton County, Texas; providing for severability and an effective date. (Bellaire North Addition – electric transmission easement abandonment) BACKGROUND Shepherd Place Homes Inc., “Owner”, has made a formal request for the City of Denton to abandon an electric transmission line easement as it affects its property located at 1200 Stacy Ct., Denton Texas, and is also known as Lot 29, Block D of the Bellaire North Addition. The electric transmission line easement also affects other residential lots located along the southern boundary line of Bellaire North Addition. The subject easement slated for abandonment was first granted to the City in 1962 to connect the Spencer Road power plant to the Kings Row substation. The electric transmission line infrastructure that was located in the easement has been removed, as the corridor for that circuit was relocated to the east, as part of the Denton Municipal Electric 138kv upgrade project. Since the easement was conveyed to accommodate an electric transmission line only, and the easement is no longer utilized for an electric transmission line, the Owner is requesting the abandonment of the easement so that Lot 29, Block D may be developed for residential use. The request has been reviewed by Denton Municipal Electric and it has been determined that the easement is no longer necessary for any current or future electric transmission line projects. Staff recommends the abandonment of the subject electric transmission line easement. Staff performs an analysis on the request for abandonments as follows: Is the easement tract requested for abandonment considered “excess easement”? Does the easement tract requested for abandonment have a continued public use? Is it the best interests of the general public to abandon the government’s rights in the subject abandonment tract? Would the granting of this request establish a precedent for future abandonment requests? Staff findings on this analysis are as follows: 1. The requested electric transmission line easement abandonment tract fits the criteria of “excess easement.” Excess easement is defined as: Property rights acquired or used by the City for easement subsequently declared excess (not needed for any public project, the continuation of operation and maintenance of public facilities, and/or no foreseeable electric transmission line applications in the future). 2. No, the electric transmission line easement is not slated for utilization for any future electric transmission line facilities. 3. The electric transmission line easement abandonment is in the public’s best interests, because the area for the subject abandonment is no longer needed by the Electric Utility and the area encumbered can be freed up for other uses. 4. This abandonment will not set a precedent, because the above three standards have been met. OPTIONS 1.Approve the proposed ordinance. 2.Decline to approve the proposed ordinance. 3.Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Late summer of 2018. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Development Review Committee recommended approval of the subject Easement Abandonment on June 25, 2018. Scheduled for consideration by the Public Utilities Board on September 10, 2018. FISCAL INFORMATION All costs associated with the processing of the abandonment request are being borne by the Owner. The past removal of the electric infrastructure was retired as a result of typical Denton Municipal Electric operations, once the new 138kV transmission circuit was placed into service. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1.Agenda Information Sheet 2.Location Map 3.Site Map 4.Ordinance Respectfully submitted: Paul Williamson Real Estate Manager Prepared by: Mark A. Laird Real Estate Analyst Location Map CITY OF DENTON LOOP 288 UNIVERSITY DRIVE Court House Bellaire North Addition µ 01,1502,3004,600 Feet Exhibit 2 to AIS Site Map CITY OF DENTON OAKSHIRE STREET WICKER WAY AUDRA LANE Site Slated For Development Electric Transmission Easement To Be Abandoned µ 04080160 Feet Exhibit 3 to AIS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1419,Version:1 AGENDA CAPTION Consider adoption of an ordinance releasing, abandoning, and vacating (I) a 0.352 acre drainage easement granted to the City of Denton by Kelsoe & Riley, LLC, recorded as Instrument No. 2015-145562, Real Property Records, Denton County, Texas and (II) a 1.286 acre drainage easement granted by Pitner Family Limited Partnership, recorded as Instrument No. 2015-145563, Real Property Records, Denton County, Texas; providing for severability and an effective date. (Ryan Meadows Phase II Addition - drainage easement abandonments) City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance releasing, abandoning, and vacating a (I) 0.352 acre drainage easement granted to the City of Denton by Kelsoe & Riley, LLC., recorded as Instrument No. 2015-145562, Real Property Records, Denton County, Texas and (II) a 1.286 acre drainage easement granted by Pitner Family Limited Partnership, recorded as Instrument No. 2015-145563, Real Property Records, Denton County, Texas; providing for severability and an effective date. (Ryan Meadows Phase II Addition – drainage easement abandonments) BACKGROUND D.R. Horton – Texas, Ltd., “Owner”, has made a formal request for the City of Denton “City” to abandon a 0.352 acre drainage easement and a 1.286 acre drainage easement as they affect its property located at Ryan Meadows Phase II addition. The two subject drainage easements slated for abandonment were granted to the City in 2015, as a temporary solution for addressing the storm-water runoff of Ryan Meadows Phase I addition. The recent development of the Ryan Meadows Phase II addition, has now resolved the temporary drainage matter by the construction of staff approved drainage improvements. Since the new drainage improvements have now been constructed and accepted by the City, the subject drainage easements are no longer necessary. Staff recommends the abandonment of the two subject drainage easements. Staff performs an analysis on the request for abandonments as follows: Are the easement tracts requested for abandonment considered “excess easement”? Do the easement tracts requested for abandonment have a continued public use? Is it the best interests of the general public to abandon the government’s rights in the subject abandonment tracts? Would the granting of this request establish a precedent for future abandonment requests? Staff findings on this analysis are as follows: 1. The requested drainage easement abandonment tracts fits the criteria of “excess easement.” Excess easement is defined as: Property rights acquired or used by the City for easement subsequently declared excess (not needed for any public project, the continuation of operation and maintenance of public facilities, and/or no foreseeable drainage application in the future). 2. The drainage easement abandonment tracts will not have a continued public use. 3. The drainage easement abandonments are in the public’s best interests, because the areas for the subject abandonment are no longer needed by the general public and the areas encumbered can be freed up for other uses. 4. This abandonment will not set a precedent, because the above three standards have been met. OPTIONS 1.Approve the proposed ordinance. 2.Decline to approve the proposed ordinance. 3.Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Late summer of 2018. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Development Review Committee recommended approval of the subject Easement Abandonments on June 25, 2018. FISCAL INFORMATION All costs associated with the new drainage improvements are being borne by the Owner. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1.Agenda Information Sheet 2.Location Map 3.Site Map 4.Applicant project narrative letter 5.Ordinance Respectfully submitted: Paul Williamson Real Estate Manager Prepared by: Mark A. Laird Real Estate Analyst Location Map CITY OF DENTON UNIVERSITY DRIVE Court House FM 2449 RYAN ROAD Ryan Meadows Phase II µ 01,1502,3004,600 Feet Exhibit 2 to AIS Site Map CITY OF DENTON DRAINAGE EASEMENT INST. NO. 2015-145563 P.R.D.C.T. DRAINAGE EASEMENT INST. NO. 2015-145562 P.R.D.C.T. Drainage Easement To Be Abandoned 1 Drainage Easement To Be Abandoned 2 µ 04080160 Feet Exhibit 3 to AIS Exhibit 4 to AIS Easement AbandonmentProject Narrative RyanMeadows Phase II 1.What are the reasons for the proposed abandonment? Thepurpose of thedrainage easement was to contain an openchannel which conveyed flow from the existing elementary school and the Ryan Meadows Phase 1 development throughout the Ryan Meadows Phase 2 property. With the development of Ryan Meadows Phase 2, the drainage has been taken underground via a piped system.The storm drain system is fully contained within the right of way and therefore the easement is no longer necessary. 2.Is the subject easement abandonment tract currently occupied with public utilities, facilities or franchise utilities? If so, what are the plans for relocation, rearrangement, adjustment or abandonment of those facilities? If applicable, explain how alternative easements are to be provided. The easement abandonment tract is occupied withpublicstorm drainage improvements as well as public water and sanitary sewer utilities. No plans for relocation, rearrangement, adjustment, or abandonment of these facilities exist as they are -of-way. 3.What are the future development plans for the subject easement area proposed for abandonment? Thedevelopment plans for the easement area consist of publicright of way as well portionsof twenty single family residential lots. 4.Are there alternatives other than abandonment of the subject easement tract, andif so, what are they? Since the existing easement encroaches into platted lots, no alternatives to the easement abandonment exist. 5.If there is a proposed project, what is the anticipated start date? Ryan Meadows Phase 2 is currently under construction. Exhibit 4 to AIS 6.Are there related pending development actions such as platting, zoning or permitting with City departments, and if so, what are they? An amending final plat has been prepared to correct a misspelled street name, but it will be processed separately from the easement abandonment request. 7.How does the subject land rights abandonment initiative affect the public context of promoting the health, safety and welfare of the citizens of Denton? The abandonment ofthe drainage easement will not negatively affect the public interest in the context of promoting the health, safety and welfare of the citizens of Denton. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1428,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteanAdministrationofIRSSection125FlexibleSpendingAccountsfor MedicalCareandDependentCareServicecontractwithDiscoveryBenefits,Inc.fortheCityofDenton; providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP6798-awardedto Discovery Benefits, Inc. in the five (5) year not-to-exceed amount of $166,276). City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Administration of IRS Section 125 Flexible Spending Accounts for Medical Care and Dependent Care Service contract with Discovery Benefits, Inc. for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 6798- awarded to Discovery Benefits, Inc., for five (5) years, in the total not-to-exceed amount of $166,276 for all years). RFP INFORMATION /BACKGROUND employees a Cafeteria Plan includes provisions for a Premium Only Plan and a Flexible Spending Account (FSA). This program is designed to allow employees to take advantage of Section 125 of the Internal Revenue Code (IRS). A Cafeteria Plan allows employees to pay certain qualified expenses, such as insurance premiums (Premium Only Plan) and unreimbursed medical and dependent care costs (FSA) on a pre-tax basis, thereby reducing total taxable income, and increasing their spendable/take-home income. Funds set aside in Flexible Spending Accounts (FSAs) are not subject to federal, state, or Social Security taxes. On average, employees save from $.25 to $.49 for every dollar they contribute to the FSA. The plan allows the City to deduct the employee's portion of the insurance premium directly from the employee's paycheck before taxes are deducted. Additionally, the FSA allows employees the opportunity to set aside a pre-established amount of money per plan year, on a pre-tax basis. The employee can use the funds in the FSA to pay for eligible medical and dependent care. Cafeteria Plans benefit both the City and the employee. For the City, the FSA plan offers a tax-advantage as it decreases the FICA and Federal/State Unemployment Taxes for the City. For employees, those who participate in the FSA must place a certain dollar amount into the FSA each year. This "election" amount is automatically deducted from the employee's check (for that amount divided by the number of payroll periods) on a pre-tax basis, thereby reducing the employees- home pay. program, expires on December 31, 2018. Requests for Proposals was sent to 205 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Seven (7) proposals were received and evaluated based upon published criteria including compliance with specifications, Indicators of probable performance, and price. The evaluation team staff members from Human Resources and Purchasing. Based upon this evaluation, Discovery Benefits, Inc., was ranked the highest and determined to be the best value for the City (Exhibit 2). The main differentiator between Discovery Benefits and ConnectYourCare was that ConnectYourCare was not willing to act as the fiduciary for the FSA, while Discovery Benefits (and all the other respondents except ConnectYourCare) was willing to. Additionally, Discovery Benefits has existing file transfer feeds h plan third-party administrator (United Healthcare) and our current online enrollment provider (Workterra). Discovery Benefits represents a 21% savings compared to the price charged by our current FSA administrator. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 16, 2012, Council approved a contract for the provision of IRS Section 125 Flexible Spending Account and Dependent Care Account Services to PayFlex Systems USA, Inc. (Ordinance 2012-272). RECOMMENDATION Award a contract with Discovery Benefits, Inc., for the administratio program, in a five (5) year not-to-exceed amount of $166,276. PRINCIPAL PLACE OF BUSINESS Discovery Benefits, Inc. Fargo, ND ESTIMATED SCHEDULE OF PROJECT Services under this contract will begin January 1, 2019. FISCAL INFORMATION These services will be funded from account 160099.7714. Requisition #139355 has been entered into the Purchasing software system in the amount of $31,320. The budgeted amount for this item is $31,320. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.2 Develop a high-performance work force EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Scott Payne, Risk Manager, 940-349-7836 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1432,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,amendingOrdinanceNo.18-163relatedtothe durationoftheProfessionalServicesAgreementwithInnovativeTransportationSolutions,Inc.for TransportationServices;providinganeffectivedate(RFQ6610-providingforatwo(2)yearcontractinthe amount of $252,000, with three (3) one-year options to renew for a not-to-exceed total award of $630,000). City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 18-163 related to the duration of the Professional Services Agreement with Innovative Transportation Solutions, Inc. for Transportation Services; providing an effective date (RFQ 6610- providing for a two (2) year contract in the amount of $252,000, with three (3) one-year options to renew for a total not-to-exceed award of $630,000). FILE INFORMATION On March 6, 2018 City Council approved a Professional Service Agreement with Innovative Transportations Solutions, Inc., for a two (2) year contract in the amount of $252,000, with three (3) one- year options to renew, for a total not-to-exceed award of $630,000. Due to an inadvertent clerical mistake, the corresponding ordinance (No. 18-163; exhibit 2) established incorrect terms of a one (1) year contract in the amount of $126,000, with five (5) one-year options to renew, for a total not-to-exceed award of $630,000. The requested ordinance, amending Ordinance 18-163, upholds the contract amount and term originally approved by Council. To address the clerical error that occurred in the executed ordinance, staff has implemented a procedure in which the ordinance and contract are outed for signature simultaneously. This allows signers to verify the terms between the two documents, ensuring accuracy. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 6, 2018, Council approved the contract with Innovative Transportation Solutions, Inc. (Ordinance 18-163). RECOMMENDATION Approval of an ordinance to reflect the correct award term to Innovative Transportations Solutions, Inc. for a two (2) year contract in the amount of $252,000, with three (3) one-year options to renew, for a not-to- exceed total award of $630,000 PRINCIPAL PLACE OF BUSINESS Innovative Transportation Solutions Farmers Branch, TX ESTIMATED SCHEDULE OF PROJECT This is an initial two (2) year contract with options to extend the contract for three (3) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION Funds have been budgeted for this contract in the FY 2017-2018 Transportation Operations account 350000.7854. STRATEGIC PLAN RELATIONSHIP The -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance 18-163 and Contract Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 349-7100 Purchasing Manager For information concerning this acquisition, contact: Lori Hewell at 940-349-7100 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1434,Version:1 AGENDA CAPTION ConsiderapprovaloftheminutesofJuly17,July24,August2,August6,August7,August14,andAugust21, 2018. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ CITY OF DENTON CITY COUNCIL MINUTES July 17, 2018 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, July 17, 2018 at 10:00 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Armintor, Council Member Meltzer, Mayor Pro Tem Ryan, and Mayor Watts. ABSENT: Council Member Duff. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for July 17, 2018. Staff responded to the Council’s requests for clarification on the following items: Council Member Briggs asked about the item related to right-of-way. Council Member Briggs asked about item G on the playground equipment. Council Member Meltzer pulled G, H and M from Consent and requested brief presentations. Mayor Watts stated he would recuse himself on 5C. 3. Work Session Reports A. ID 18-1102 Receive a report, hold a discussion, and give staff direction regarding the Solid Waste Department’s Cost of Service and Rate Design Study provided by New Gen Strategies & Solutions LLC. Ethan Cox, Director of Solid Waste, stated that NewGen Strategies had been contracted with to complete an in-depth cost of service analysis and rate design study. This analysis reviewed revenue requirements by service categories and the expenditure allocation processes. He introduced Dave Yanke, Project Manager with NewGen Strategies and Solutions, who would present their findings. Yanke stated they conducted a comprehensive cost of service study that allocated costs to each specific solid waste service; developed a five year revenue requirement forecast; calculated the revenues realized under current rates versus the projected five year revenue requirement; designed rates for residential and commercial customers by type of service provided; and conducted a market analysis. Yanke presented findings and recommendations of the study. NewGen did not recommend any further decreases to residential rates. They recommended maintaining residential rates at current levels for the foreseeable future. Based on findings of the market analysis, NewGen City of Denton City Council Minutes July 17, 2018 Page 2 recommended increasing the wholesale customer rate of disposal from $23.00/ton to $24.50/ton for FY2019 and (monitor future rate increases). They recommended that the City evaluate the benefit of implementing put-or-pay contracts with its wholesale customers. They recommended maintaining commercial dumpster rates at current levels. NewGen recommended that the City evaluate commercial rate options and move towards a traditional commercial rate matrix. Council discussion included increasing rate to outside entities and expanding the recycling program. Yanke stated that recommended next steps included -- inventory and monitor container counts in the field for all customers, specifically commercial refuse and recycling customers; track BMR and composting tonnage more accurately; any over-recovery incurred on an annual basis should be set aside in a separate fund (i.e. working capital, equipment replacement, or capital fund) – construction for a new cell at the Landfill was anticipated to begin in FY 2024; and the City would work with NewGen to develop a strategy to address rate subsidization. Ethan Cox, Director of Solid Waste, presented the management response. The goal was cost recovery through equitable rate design – address rate subsidization between and within rate classes. He stated the City’s approach to the recommendations was to phase in rate corrections over time. This would maintain the fund's financial health, reduce reliance on debt funding, improve operational efficiency, and evaluate subsidized programs and services. Cox stated that the approach to rate classes included: Residential – maintain rates at existing levels to improve operational efficiency (improved routing, fleet maintenance), and assess and seek direction on underperforming programs; Commercial – simplify rate structure and address over/under recovery / short-term - utilize excess reserves to reduce over recovering rates and long-term - slowly adjust rates toward cost recovery; Landfill – address subsidization and remain competitive in the market / align rates with market and establish “put or pay” agreements and seek direction on subsidized operations (BMR and rubble processing). Cox stated next steps included completion of rate design and market study, partner with NewGen to craft rate correction strategy, and seek PUB/Council direction on rate correction strategy. B. ID 18-1103 Receive a report, hold a discussion, and give staff direction regarding an action plan in response to Solid Waste fleet maintenance recommendations contained in an operational review performed by Blue Ridge Services, Inc. Terry Kader, Fleet Superintendent, stated that he would review the recommendations from Blue Ridge. Immediate changes within the next 30-60 days in Solid Waste included: Reduce truck overloading – monitor daily scale data and implement operator performance measures. Pre- Trip/Post-Trip inspections – upgrade to electronic format which included real time notification of repairs needed and enhancement of inspection and repair process. Immediate changes within the next 30-60 days in Fleet Services included: Revise repair processes – double team trucks with extensive repairs, use of overtime; and extend shifts to complete repairs. Implement a Quick Service Lane – minor repairs in less than 15 minutes, and non-safety related repairs addressed after regular operating hours. Outsource repairs to mobile City of Denton City Council Minutes July 17, 2018 Page 3 technicians. Schedule regular meetings with Technicians and Operators. Schedule periodic vehicle inspections with manufacturers. Address staffing levels – reclassify/fill HD Field Service Tech, implement technician hiring and salary options, and on-boarding new tech. Retire six high maintenance trucks – reduce maintenance costs, provide reliable front-line trucks, and allocate technician time for front-line truck repair. Lease six new refuse trucks (one-year lease). Kader stated that long term solutions included – Accelerate refuse truck replacements – combine FY17-18 with FY18-19 and procure long-term contract for 3 to 5 years. Dedication of five technicians to Solid Waste – outreach program targeting tech schools, on-boarding timeline, and salary considerations. Kader stated other long-term solutions included – Consider implementation of a transfer station at Solid Waste – rough terrain + heavy loads reduces vehicle lifecycle, reduce truck trips to working face; and reduce maintenance costs. Add additional bay space – utilize or add to existing Solid Waste shop, expansion of current shop, and explore new location. C. ID 18-1101 Receive a report, hold a discussion, and give staff direction regarding homelessness initiatives and an update from the Denton County Homeless Leadership Team. Sarah Kuechler, Director of Public Affairs, introduced Courtney Cross, Director of Homelessness Initiatives with United Way of Denton County, stated she would provide progress updates on the Coordinated Entry System and housing progress, review of the 2018 Point-in- Time Count and report; and an update on the Barriers Fund and request support for a Doors for Denton County Initiative. Other initiatives included a community-facing data dashboard; implementation of Standards of Excellence, including long-term planning for shelters; and forming an ad-hoc housing workgroup. Cross presented information on the Coordinated Entry System: uniform data in a shared database, the Homelessness Management Information System; needs of people accessing services; improve coordination and performance across nonprofit agencies; and develop a housing priority list that was actively managed. She reviewed Denton County Homelessness Data. The grand total of homelessness was 608. No housing intervention total was 161 households; rapid re-housing total was 345 households; permanent supportive housing was 102 households. This data was county-wide. Cross reviewed the annual point-in-time count (homeless census). She stated that is was a one- day survey of the entire county. There were 225 people experiencing homelessness in Denton County on any given day (11% increase from 238 people in 2017). The majority were white (76%), male (654%), 25-64 years (81%) and living on the streets (57%). The average age was 48. Eleven people were under the age of 18. 48.5% were first-time homeless. 53% became homeless in Denton. 44% were living with physical disability. 33% were living with a serious mental illness. Cross stated that the top five reasons for homelessness were unemployment; unable to pay rent/mortgage; domestic violence; criminal record; and physical health. City of Denton City Council Minutes July 17, 2018 Page 4 Council discussion included geographic allocations of homeless people, resources for the homeless, focus of outreach. Cross stated that the Denton County Barriers Fund promoted housing stability through self- sufficiency through family support, landlord outreach (Doors for Denton County) and Community Outreach. Cross stated that the Doors for Denton County (Landlord Outreach) was a program that reached out to landlords to lower barriers to housing. Housing Navigator was a liaison between nonprofits and landlords; housing search and placement; and 25% increase in capacity for Case Managers assisting clients in becoming self-sufficient. Cross stated that position would increase access to private market owned rental property for persons moving from homelessness to permanent housing throughout Denton County, and provide individual housing location for participants in various housing programs at nonprofits across the County; position would support housing search and placement for 8 agencies throughout Denton County (6 agencies in Denton though all serve the entire county); and request for support - $27,748 from City of Denton (one time); City of Lewisville ($22,826), and Denton County Commissioners ($4,856). Council discussion included feedback from the people being helped, aerial map of Denton with the different stops of the places for assistance, maintaining confidentiality of tenants and landlords. Kuechler stated that the City’s proposed contribution for FY 18-19 was $949,750 which included $291,500 from the General Fund and $655,000 of Federal Funds. She stated that the City would continue to provide the facility for the Monsignor King Outreach Center homeless shelter, provide the Community Development staff to manage grants and increase coordination between the City and its partners, provide staff resources for the Street Outreach Team, and provide public safety resources to address homelessness. The Employ-2-Empower pilot program was also discussed. Fifty applications were received; 17 individuals showed up for interviews; and 15 were accepted. Nine completed the required drug testing with four actually reporting for work. All four participants exited the program early: two secured employment, one moved to another city and one left the program because of garnishments. Serve Denton and partners requested to terminate program early in February 2018. The remaining unspent funds of $14,490 in FY 16-17 were returned to the City and the $21,000 budgeted for FY 17-18 was not paid. If Council was interested in restarting the pilot program, staff could go through a process to identify a non-profit program lead and work on program design details. Consensus of Council was to continue with proposals and come back with additional information. D. ID 18-1036 Receive a report from staff and the Denton Parks Foundation and give staff direction regarding the City’s proposed agreement with the Denton Parks Foundation. City of Denton City Council Minutes July 17, 2018 Page 5 Bryan Langley, Deputy City Manager, stated that a key component of the proposed Parks Foundation Agreement included the role and expectations of the Parks Foundation. The Foundation would present and receive approval of an Annual Plan that outlined planned marketing and fundraising activities for the upcoming fiscal year and described alignment with the City’s strategic and capital plans; prepare quarterly reports on items such as scholarship dollars, donations, disbursements, volunteer hours, and in-kind services provided by the City of Denton; prepare gift and pledge records in accordance with “The Denton Parks Foundation Donation Policies Gift Acceptance, and Financial Procedures”; raise funding for youth scholarships and remit the current youth scholarship balance of $12,938 to the City; support and fundraise for seasonal programs that were unaffiliated with the City such as Juneteenth and Cinco de Mayo; and engage an independent certified public accounting firm to conduct an annual financial audit. Another key component was the role and expectations of the City. The City would provide approximately 100 square feet of office space and necessary operating utilities at City Hall East; Park Maintenance planning and installation support for equipment and legacy items; identify projects, initiatives, and other items were the Parks Foundation could provide fundraising support; record donations and related expenses into recordkeeping software; allow Parks Foundation support and fundraise for seasonal programs and/or fundraising projects unaffiliated with the City; and ensure that accepted gifts were used in accordance with the intent of the donor and Parks Foundation. The potential for additional agreements included Service Agreements that the Council might authorize for the City to provide financial or in-kind support to the Parks Foundation or a Foundation project that fell outside of the terms listed in the annual agreement. Donor or Sponsor Recognition Programs were not allowed unless the Council approved the project or adopted a policy governing such programs. Contract terms were an initial term of one year with no auto-renew clause. There was an option to renew for two additional one-year terms. The City or Parks Foundation had the right to terminate the agreement upon 30 days written notice. Termination may be for a portion of services or the entire agreement. Termination notice may be provided without cause. The current draft agreement did not include a provision for the Executive Director’s salary. The Parks Foundation had requested City funding to cover the Executive Director’s salary. This request included $75,000 in retroactive pay for the current fiscal year (FY 2017-18) and $75,000 for the upcoming fiscal year (FY 2018-19). If directed by Council, staff will revise the agreement to include salary provision. This provision could be included along with a requirement that the Parks Foundation raise adequate funding to cover all other operating costs. A summary of options included: Option 1 – no action, do not proceed with an agreement with the Parks Foundation. Do not proceed with an agreement with the Parks Foundation. Option 2 - proceed with finalizing the draft agreement. Option 3 - revise draft agreement to address additional request from the Parks Foundation to fund $75,000 for the Executive Director’s salary. Tim Smith, Board President for the Denton Parks Foundation, provided an analysis of the Executive Director stipend as requested by City Council members. We were directed to address City of Denton City Council Minutes July 17, 2018 Page 6 the return on investment for the City by providing a stipend for our staff and an analysis of efforts and benefit of the Denton Parks Foundation prior to the 2014 agreement for an Executive Director stipend. Council also requested a delineation between ourselves and other community organizations. Smith stated that he would also address the annual fundraising plan, Executive Director FY 2017-18 pay, recommendation for FY 2018-19 pay, and Executive Director activities in the interim. He stated that almost all numbers used were either sourced from within City Staff or from the books given or numbers provided during the BKD report. One statistic was not, as it was not requested – E2 volunteer hours. They used average volunteer hour "cost/wage" ($23.56/hour). This number was sourced from Independent Sector the non-profit organization that was the primary federal lobbyist for non-profits comprised of other non-profits, foundations, and corporate giving programs. Smith reviewed the Return on Investment (ROI) vs. Weighted Return on Investment (w/ROI). BKD noted the flaws in the former DPARD ROI Calculation which didn't account for money that would have been raised without an Executive Director. The BKD Report made note of the "total fundraised dollars" from what was reported on the 990 IRS filing. These numbers would be reflected, but also focus on "City Specific Total Funds Raised” which was a more accurate number for true City of Denton ROI and w/ROI. Example: Money received for Juneteenth and Cinco de Mayo shouldn’t be deemed as “fundraised money” as those were independently marketed and operated. We were just the fiduciary conduit. We analyzed our financial records records starting from the most recent Treasurer change (2007) until Sept 2017. Records prior were not well-kept and had no DPF guidelines for keeping them. Smith stated their recommendation after review of the analysis was that the annual review of their contract would allow them to stay accountable to goals. Their annual fundraising plan would be the bar that they would set with City Staff and present to City Council. The Return on Investment should be measured on a per project basis with a traditional ROI calculation being used. These calculators would include City staff and resources used, funding/assistance from the City of Denton, and in-kind/cash/volunteer hour donations to the Foundation. Annual fundraising plan included for Quarter 1 - reset office and recordkeeping; organize community awareness and donor/prospect recognition campaigns; updating website; close the $100,000 IOOF gift; Pat Smith with Serve Denton volunteered to build a strategic plan; hold a board retreat. Quarter 2 included purchase new donor and prospect management tool; grant research for CoServ and DBL; allocate Eureka 2 remaining funds; accessible playground funds - discuss with DPARD. Smith reviewed the Executive Director activities in the interim. During the investigation, the ED fielded donor calls and questions, finished the pending Coserv and DBL grants, organized and coordinated with Marc Culp all requested documents; interviewed for audit; five monthly board meetings, agendas, minutes, and logistics (off-site meetings). After investigation, the ED summer scholarship wrap up, Coserv grant, approved application for SECC 2018 Campaign; met with Dallas Parks, Houston Parks, and researched other foundations for MOU; helped re-write donor policy and code of conduct; $100,000 IOOF Grant; organized 5 board meetings. City of Denton City Council Minutes July 17, 2018 Page 7 The Denton Parks Foundation was requesting City Council approval of the MOU with staff pay - $60,000 for Executive Director and $15,000 for Part-Time Assistant. City Council approval of the MOU with direction for the City of Denton to release the already budgeted Executive Director pay - this was an amount that was approved in the FY 2017-2018 Budget. This was withheld because of the on-going audit/review at the start of January. Council Member Armintor felt they should go with Option 3 and include the back pay. City Attorney Leal stated they should hold off on the back pay until Legal could research it based on the cease and desist. Consensus of Council was to go with Option 3 and the City Attorney investigate the back pay. E. ID 18-1062 Receive a report, hold a discussion, and receive departmental presentations in preparation for the FY 2018-19 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. Gary Packan, Director of Parks and Recreation Department, presented key focus areas which included department assessment/evaluation of programs and resources, structural re- organization, rebuilding internal and external trust and communication. He reviewed goals and accomplishments for FY 2017-18 - implemented a Phase I and II department-wide reorganization; developed a strategic plan through a departmental team building process; completed a comprehensive analysis of the Aquatics Division; utilized a TxDOT grant to complete the construction of the Evers Trail/North Lakes Trail connection; completed the construction and dedication of the city's first spray ground; hosted 16 tournaments in the City with an estimated impact of $1.2 million; and consolidated 31 HBU's into 16 HBU's, improving efficiency and budget transparency. Packan reviewed goals for FY 2018-19. Complete the design and begin construction for the American Legion Hall, North Lakes Dog Park, Industrial Park and the new Tennis Center. Complete construction of the G. Roland Vela Athletic Complex. Complete an update to the Parks and Recreation Master Plan. Secure and implement a work management system for Park Maintenance and Leisure Services. Implement a revised Integrated Pest Management (IPM) program for park system maintenance. Implement recommendations from the Aquatics analysis based on priority and availability of resources. Develop a cost for service model for recreation and aquatics programs. Develop a new marketing plan for the Civic Center as a special event center. Packan reviewed completed cost containment strategies and future cost containment strategies. He reviewed completed process improvement strategies and future process improvement strategies. Budget highlights for FY 18-19 included the baseline was lower than FY 17-18 budget due to eleven General Fund HBUs being combined with their matching HBU in the Recreation Fund as a part of the department's budget consolidation. He reviewed special revenue funds budget highlights which included Parks Gas Well Fund, McKenna Trust Fund, Park Land Dedication, and Park Development. City of Denton City Council Minutes July 17, 2018 Page 8 Council discussion included gas well fund revenue, org chart and changes in staffing. Sarah Kuechler, Director of Public Affairs & IGR, presented the City Manager's Office accomplishments for FY 2017-18. Launched four core values for the organization. Advanced priorities of the City Council, including having a more transparent budget process, minimizing the tax levy and utility rate increases, advancing capital projects, and reforming the development review process. Initiated monthly review of capital programs to re-prioritize projects and maximize available funding. Held quarterly work plan review meetings with department directors to increase accountability and review accomplishments, planned projects, timelines, and budgets. Performed various management studies for Planning, Building Inspections, Solid Waste, and DME. Standardized all agendas and minutes for City Council Committees and Boards and Commissions, and added City Council voting history and candidate statements to the City’s website. Provided support with the November Charter Amendment election and the development of an Ethics Ordinance. She presented goals for FY 2018-19. Assist City departments on major initiatives including the following: coordination of Capital Project Improvements; update of the Denton Development Code and continued improvement in the development review process; and continued evaluation of process and program improvements across the organization. Implement direction provided by City Council on the Municipal Building Master Plan. Coordinate the 2020 Census Complete Count Committee (CCC) to increase awareness and participation in the upcoming Census. Conduct analysis of city-wide performance measures and establish improved process for reviewing performance data. Kuechler stated that the City Manager’s Office provided leadership and management over day- to-day operations for the City. The budget emphasis was to be responsive to City Council and citizens; implement policy direction from City Council and coordinate various boards/commissions; lead organizational assessments to identify efficiencies, process improvements, and service enhancements; and seek outside resources and funding to accelerate projects. Sarah Kuechler, Director of Public Affairs & Intergovernmental Relations, presented the budget for Public Affairs and Intergovernmental Relations which included Communications, DTV, and Reprographics. She reviewed the accomplishments for FY 2017-18. She stated the goals for FY 2018-19 were to continue to improve communications and notifications on Capital Projects; improve navigation and functionality of City's website with strategic redevelopment of high-click pages and produce website and social media content plans and publishing guidelines; update communications policies and organization-wide communication plan; update communications policies and organization-wide communication plan; expand DTV’s involvement to help departments share their stories, programs, and services; improve relationships and communications with other agencies and community organizations, th act as the City’s liaison, and develop and adopt the legislative program for the 86 legislative session. Kuechler reviewed the budget emphasis, cost containment strategies and process improvements. She reviewed the org chart and position summary for the departments. She also reviewed the PEG Fund expenses for FY2018-19. City of Denton City Council Minutes July 17, 2018 Page 9 Barbara Ross, Community Development Division Manager, presented goals and accomplishments for the Community Development Division. She stated that Community Development worked to provide decent housing, a suitable living environment, and expanding economic opportunity, principally for persons of low to moderate income. Ross reviewed cost containment strategies and performance measures for the department. She stated that process improvements included working with United Way on a collective impact project to change the manner in which agencies operate in order to make homelessness rare, brief and nonrecurring; and funding applications and program guidelines were reviewed and streamlined annually. She also stated that there were no major changes in the budget. Council discussion included the home repair program, and amount of staff time spent writing grants and applying for grants. Cassey Ogden, Director of Procurement and Compliance, reviewed the Materials Management budget emphasis, process improvements. Accomplishments included reorganized the Distribution Center to include DME's logistics staff; conflict of interest and disclosure process for solicitation evaluation teams; and electronic bidding software implementation. Goals included implement commodity codes in financial procurement software; outsource insurance certificate management; revamp the procurement card system; and update procurement manual. F. ID 18-1130 Receive a report, hold a discussion, and give staff direction regarding the preliminary FY 2018-19 Budget, including supplemental and capital improvement funding requests. Tony Puente, Director of Finance, presented Supplemental Funding Requests that were proposed for FY 2017-18. Currently considering Library - Municipal Archives Supplies and Equipment, Library - North Branch Lounge Chairs; Fire - Personal Protective Equipment; Fire – Extractor/Industrial Washing Machine; Police – Satellite Work Station; Police – SRO Response Equipment; Municipal Judge – Court Room Evidentiary AV Display; Legal – Conference Room Improvements; and Library - Library Master Plan. Puente reviewed Supplemental Funding Requests that were proposed for FY 2018-19. Council discussion included departments that do ROW maintenance; Parks Designer position; personnel for the Animal Shelter; Sex Assault Investigator and Victim Advocate under Police; the new resident packet and providing it in Spanish; Community Development grants; tenants’ rights information and new resident packets; rental inspections; North Branch lounge chairs; the Library Master Plan; SRO Response Equipment; supplemental software for Development Services. Puente presented debt forecast and state that they used an assessed value increase of 10% for FY 2019. He reviewed the capital improvement funding requests. Watts stated that the Phase I capital improvement funding requests were needs. Phase 2 capital improvement funding requests were wants. City of Denton City Council Minutes July 17, 2018 Page 10 G. ID 18-1135 Receive a report, hold a discussion, and give staff direction regarding potential revisions to the Code of Ordinances and the Denton Handbook for Boards, Commissions and Council Committees making all ad hoc committees and citizen task forces subject to the procedural requirements of the Texas Open Meetings Act. This item was postponed to August 14. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. ID 18-1075 Deliberate regarding Real Property - Under Texas Government Code 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests out of the B.B.B. & C.R.R. Company Survey, Abstract No. 192, Denton County, Texas, being a 0.8123 acre tract generally located in the 2300 block of Scripture Street, Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Bonnie Brae Street - Phase 4/5 - Parcel 31 (Brown)) Regular Meeting of the City of Denton City Council at 6:30 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. ID 18-1049 TWU Gymnastics National Championship Day Mayor Watts presented the proclamation for TWU Gymnastics National Championship Day. B. ID 18-1112 Denton Citizen Academy Graduation Mayor Watts presented certificates to the Denton Citizen Academy graduates. City of Denton City Council Minutes July 17, 2018 Page 11 3.PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. 1. ID 18-1122 Ed Soph regarding public health and safety concerns regarding the current gas well ordinance’s reverse setback distance. Ed Soph spoke regarding concerns he had related to the reverse setback distances in the gas well ordinance. 2. ID 18-1124 Kristina Weaver regarding Food for the Soul - fighting childhood hunger in Denton. Kristina Weaver spoke regarding the Food for the Soul organization. She stated that it was a nonprofit faith-based charitable organization committed to feeding the hungry children/students in area communities through a Backpack Program. C. Additional Citizen Reports There were no additional citizen reports. 4.CONSENT AGENDA Mayor Pro Tem Ryan motioned, Council Member Briggs seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items G, H, and M. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (6-0). Ordinance No. 18-889 A. ID 18-889 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, accepting competitive bids and awarding a contract for the supply of aquatic chemicals for Water Works Park, Natatorium and Civic Center Pools to Sunbelt Pools, Inc.; providing for the expenditure of funds therefor; and providing an effective date (IFB 6751- awarded to Sunbelt Pools, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $105,000 for all years). Ordinance No. 18-1001 B. ID 18-1001 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, authorizing the City Manager to execute a contract with Change Healthcare Technology Enabled Services, LLC, for emergency medical services billing and an electronic patient care reporting system for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 6091- awarded to Change Healthcare Technology Enabled Services, LLC, for a three (3) year, with the option City of Denton City Council Minutes July 17, 2018 Page 12 for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $950,000 for all years). Ordinance No. 18-1027 C. ID 18-1027 Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Eagle Drive Drainage Improvements Phase II Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 6792- awarded to the lowest responsible bidder meeting specification, Jagoe-Public Company, in the amount of $2,057,289.20). The Public Utilities Board recommends approval (5-0). Approved the minutes listed below: D. ID 18-1042 Consider approval of the minutes of June 4, 5, 12, 19 and 26, 2018. Ordinance No. 18-1061 E. ID 18-1061 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, authorizing the City Manager to execute a contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract# DIR-TSO-3400 for continued vendor support for AutoCAD software modules; providing for the expenditure of funds therefor; and providing an effective date (File 5678 awarded to DLT Solutions, LLC in the three (3) year not-to-exceed amount of $115,540.71). Ordinance No. 18-1066 F. ID 18-1066 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, accepting competitive bids and awarding an annual contract for Mowing Services and Maintenance for various Park locations, Fire Stations, DME Substations, Water Reclamation, Facilities Management, Beneficial Reuse, and the Airport; providing for the expenditure of funds therefor; and providing an effective date (RFP 6627- Awarded to the lowest responsive bidder for each line item, Custom Landscaping Inc. dba Classic Landscapes and Maintenance, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $50,000 for all years, Greener Pastures Landscape, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $1,100,000 for all years, Maintaining the Common Ground, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $575,000 for all years, Weldon’s Lawn and Tree, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $250,000 for all years, and Rene Saldivar dba Firehouse22 Lawn/Landscaping, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $275,000 for all years, for a total for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $2,250,000 for all years). Ordinance No. 18-1074 I. ID 18-1074 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the North Central Texas Council of Governments City of Denton City Council Minutes July 17, 2018 Page 13 (NCTCOG), under the Government Code, Chapter 791, to authorize City of Denton contracts for the purchase of various goods and services including police protective equipment; authorizing the expenditure of funds therefor; and declaring an effective date (File 6847- Interlocal Cooperative Purchasing Agreement with the North Central Texas Council of Governments). Ordinance No. 18-1076 J. ID 18-1076 Consider adoption of an ordinance approving a pipeline crossing contract by and between the City of Denton and the Kansas City Southern Railway Company relating to the location of a city water pipeline within the railroad right-of-way, located near the railroad’s intersection with West Oak Street at Mile Post D104.78, Alliance Subdivision, within the City and County of Denton, Texas; authorizing the City Manager to execute the Agreement; authorizing the expenditure of funds therefore; and providing an effective date. (Westpark - Phase 2 development, 12-inch water line project.) The Public Utility Board recommends approval (5-0). Ordinance No. 18-1079 K. ID 18-1079 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, ratifying and approving Change Order No. 2 to the contract between the City of Denton and Legacy Contracting, L.P. dba Control Specialist Services L.P. for the Emergency Replacement of Four (4) Pumps at Pecan Creek Water Reclamation Plant Raw Sewage Pump Station No. 2; providing for the expenditure of funds therefor; and providing an effective date (File 6470 - Change Order No. 2 in the amount of $137,016.17 for a total contract award aggregating to $622,771.17). The Public Utilities Board recommends approval (5-0). Ordinance No. 18-1086 L. ID 18-1086 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, authorizing the City Manager to execute a contract for the purchase of Aquatic Chemicals for Water Works Park, Natatorium and Civic Center Pools with Sunbelt Pools, Inc., which is the sole provider of these aquatic chemicals. In accordance with Texas Local Government Code 252.022, provides that procurement of commodities and services that are available from one source are exempt from competitive bidding; and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 6797 - awarded to Sunbelt Pools, Inc. in the three (3) year not-to-exceed amount of $331,200). Ordinance No. 18-1107 N. ID 18-1107 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Pape-Dawson Engineers, Inc., for Design Services of the 2019 Bundle Street Reconstruction Project as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-006- Professional Services Agreement for design services awarded to Pape-Dawson Engineers, Inc., in the not-to- exceed amount of $607,550). City of Denton City Council Minutes July 17, 2018 Page 14 Ordinance No. 18-1108 O. ID 18-1108 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of this First Amendment to a contract with Techline, Inc., for the supply of Electric Utility Overhead and Underground Distribution Transformers for the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (RFP 5347 - providing for an additional expenditure amount of $1,125,000, for a total contract amount of $5,625,000). Ordinance 18-1137 P. ID 18-1137 Consider adoption of an ordinance of the City of Denton, Texas, approving in- kind services and resources of Denton Television (DTV) in an amount not to exceed $1,500 annually to support video production for United Way of Denton County. Item G was considered. Ordinance No. 18-1068 G. ID 18-1068 Consider adoption of an Ordinance of the City of Denton, Texas, a Texas home-rule municipal cooperation, authorizing the City Manager to execute a contract through Buy Board Cooperative Purchasing Network for the Milam Park, Denia Park, and Fred Moore Park Playground removal, equipment and construction for the Parks and Recreation Department; providing expenditure of funds therefor; and providing an effective date (File 6845-awarded to Lea Park and Play not-to-exceed amount of $354,802.72). Gary Packan, Director of Parks and Recreation, stated that the playground replacement project was included in the 2014 CIP Bond Package. Evers Park was completed. Funds were currently available for Milam, Denia and Fred Moore Park playgrounds and they were scheduled to be replaced by October 2018. Request for quotes and specifications for Little Tikes Playgrounds were sent to three Buy Board Contractors. All three responses were received and the proposals were evaluated based upon the lowest responsible bidder. Mayor Pro Tem Ryan motioned, Council Member Meltzer seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (6-0). Item H was considered. Ordinance 18-1072 H. ID 18-1072 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, rejecting any and all competitive bids under IFB 6733 for the construction of Carl Young Splash Park Restroom for the City of Denton; and providing an effective date (IFB 6733). Gary Packan, Director of Parks and Recreation, stated that staff had solicited bids with the goal of constructing the Carl Young Park restroom. The Scope of Work included construction of a new restroom facility/storage facility of 659 square feet. The estimated cost for construction was $184,520. Invitation for Bids were sent to 807 prospective suppliers and specifications were City of Denton City Council Minutes July 17, 2018 Page 15 placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three bids were received. A low bid of $340,754.70, median bid of $340,851.40 and a high bid $430,234.20. The bids for this project were considered excessive by the Parks and Recreation staff. The lowest cost option would be for the City to rebid this project for a pre-fabricated building versus built in place. Staff was requesting that the City Council reject all bids received at this time. Council Member Meltzer motioned, Council Member Hudspeth seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (6-0). Item M was considered. Resolution No. 18-1105 M. ID 18-1105 Consider approval of a resolution amending Resolution No: R2017-049 regarding an extension of term for a Steering Committee to consider and advise the City Council on renovation and operation options for City Hall West, providing a repealer clause; and providing an effective date. Mark Nelson, Director of Transportation, stated that the existing resolution stated that the Committee termination date was August 1, 2018. Staff had indicated that the Committee would need approximately 60-90 days to complete planning efforts and submit an official recommendation to City Council. The Council directed staff to bring forward a resolution to extend the term of the Committee so the Committee could complete their work. This resolution would extend the Committee to October 31, 2018, or upon completion of their duties. Council Member Hudspeth motioned, Mayor Pro Tem Ryan seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (6-0). 5.ITEMS FOR INDIVIDUAL CONSIDERATION A. A18-0001d Conduct the first of two readings of an ordinance of the City of Denton for a voluntary annexation of approximately 47.466 acres of land generally located on the south side of E. Ryan Road, east of the intersection of E. Ryan Road and Andrew Avenue by the City of Denton, Texas. Richard Cannone, Deputy Director of Development Services, stated this was the first reading of the annexation ordinance for the Creekside Addition. He stated that the annexation application was to voluntarily annex approximately 47.466 acres of land. A Pre-Annexation Development Agreement between the City and the property owners was approved in 2016. The Pre- Annexation Development Agreement required the property owner to apply for voluntary annexation of Tract 1C within ten working days of plat approval. The plat for the Creekside Addition was approved on March 21, 2018 and this application was submitted within the required ten days. The second reading and adoption of the ordinance would be August 21. City of Denton City Council Minutes July 17, 2018 Page 16 B. ID 18-863 Consider appointing a Nominating Committee to recommend appointees to serve on the Economic Development Partnership Board. Caroline Booth, Director of Economic Development, stated that a requirement of the ordinance that established the EDP Board was that the City Council would appoint three people to serve as a Nominating Committee to recommend appointees to serve on the Board. The Nominating Committee would include two City Council members and one member of the Chamber of Commerce. The Chamber’s nominee to the committee was Lee Ramsey. Mayor Pro Tem Ryan volunteered to be on the committee. Council Member Briggs volunteered to be on the committee. Council Member Meltzer volunteered to be on the committee as well. Council Member Briggs stated that she wouldn’t serve on the committee so that Council Member Meltzer could. Ordinance No. 18-871 C. ID 18-871 Consider adoption of an ordinance authorizing the City Manager to execute a Consent to Assignment and Assumption of Obligations between the City of Denton, North Denton Pipeline, L.L.C. ("NORTH DENTON"), and EagleRidge Midstream, LLC ("EAGLERIDGE") consenting to the assignment of certain rights and obligations from North Denton to EagleRidge related to a Right of Way License to use certain City property for placement of transmission pipelines, dated on or about October 20, 2003, from the City to North Denton and Notice of Renewal of Right of Way License to use certain City property for placement of transmission pipelines, dated on or about November 16, 2016, from the City to North Denton; providing severability and an effective date. Mayor Watts recused himself. Paul Williamson, Real Estate Manager, stated that this was a Consent to the Assignment for a Pipeline Agreement from North Denton Pipeline to EagleRidge. EagleRidge was in the process of acquiring certain pipeline infrastructure from North Denton Pipeline. The existing infrastructure crossed City right-of-way under the existing license agreement. As part of this process, EagleRidge and North Denton had requested the City consent to the assignment of the license. EagleRidge has provided the City with the bonds and insurance certificates. Council Member Hudspeth motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "nay", Council Member Meltzer "aye", and Mayor Pro Tem Ryan "aye". Motion carried (4-1). D. ID 18-1065 Consider adoption of an ordinance approving an economic development agreement under Chapter 380 of the Local Government Code to promote economic development and to stimulate business activity and economic growth of the City of Denton, between the City of Denton and United States Cold Storage, L.P, regarding the development of an approximate 40 acre parcel of land with an address of 3255 Jim Christal, Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes July 17, 2018 Page 17 Caroline Booth, Director of Economic Development, provided the background of the company. She stated that U.S. Cold Storage was a company that provided refrigerated and frozen food warehousing and transportation with 38 facilities in 13 states and 2500 employees. This project was for a distribution center on a 40-acre site on Jim Christal Road. The total investment for the project was about $34 million and it would add $28 million in new ad valorem value. The project was slated to have 67 new jobs by year 3 and about 99% of the employees would be benefits-eligible. The facility would be a Top 25 DME customer based on demand. The project has kicked off Phase 2 of the Westpark TIRZ improvements. Mayor Watts asked about the Phase 2 improvements. Booth stated that due to the location of the project, the improvements consisted of water and wastewater line extension and improvements, drainage improvements, and road reconstruction, all along Jim Christal Road and West Oak Street. Council Member Armintor asked about the noise produced by a cold storage facility. Booth stated that there was no significant noise other than noise from truck travel. Council Member Meltzer asked about the energy requirement for the site. Booth stated they would be eligible for the DME Economic Growth Rider, if they met the demand requirement. Other Council discussion included the cooling system, rooftop solar system, potential jobs for the community. Deb Armintor stated she would be voting no because of the carbon footprint they make. Booth stated that current conditions of the property included a property valuation of $7,131. The City would get about $45.00 annual tax revenue. The estimated value of the project was $28.6 million. The gross annual city ad valorem tax revenue was projected at $182,781. Fiscal impact included the estimated Chapter 380 construction sales and use tax rebate was a one-time payment capped at $70,000. The City would keep an equal amount in construction sales and use tax revenue. The agreement had stipulations for minimum added taxable value, minimum number of jobs created, submission of an annual Certificate of Compliance, and conditions for termination. Council Member Hudspeth motioned, Mayor Pro Tem Ryan seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "nay", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (5-1). E. ID 18-1120 Consider nominations for appointment to the City’s Board of Ethics. Bryan Langley, Deputy City Manager, stated that the new Ethics ordinance provided for the formation of a Board of Ethics appointed by a majority vote of City Council. It was to be composed of seven regular members and three alternate members. Members would be appointed City of Denton City Council Minutes July 17, 2018 Page 18 for two year staggered terms and were limited to three consecutive terms. Staff had received nominations that were provided in the backup for this item. Mayor Watts asked about the profession of Kara Engstrom. He asked that Ms. Engstrom’s nomination be considered at a later date after staff found out what her profession was. Council Member Hudspeth motioned, Council Member Armintor seconded to approve the nominations of 1 thru 7 and the alternate nominations of 8 and 10. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (6-0). F. ID 18-1121 Consider approval of a resolution appointing the nomination of members to the Board of Ethics created in the Code of Ordinances, Chapter 2, Article XI, Section 2-277; dissolving the Council Ethics Committee established by Resolution No. 2009-015; and providing an effective date. Bryan Langley, Deputy City Manager, stated that this resolution would formally appoint the members to the Board of Ethics. It would also dissolve the Council Ethics Committee and the Board of Ethics would preside over any ethics violations. Council Member Meltzer motioned, Council Member Briggs seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (6-0). G. ID 18-1131 Motion to reconsider the election of the Mayor Pro Tem held on Tuesday, June 26, 2018. City Attorney Leal stated that the person that called for the reconsideration would state the reasons why they were bringing it forward. He stated that a parliamentary procedural rule allowed a governing body to address a previously approved action and was called a motion for reconsideration. A motion for reconsideration allowed the Council to reconsider any previously adopted action not later than the next succeeding official meeting of the Council. Such a motion could only be made by a member who voted with the prevailing side. The motion could be seconded by any Council Member. If a motion was made and seconded, and if the motion passed, then the vote of the Mayor Pro Tem election would be undone. Then the Council would have to schedule a date in the future in which to hold a new Mayor Pro Tem election, preferably when a full Council could be convened. If it does not pass, then the election on June 26 would stand. Watts stated that he felt the entire Council should have been present when the motion was initially made and that was why he requested the item to be on the agenda. A Request to Speak card was turned in after discussion of the item started. The Mayor allowed the citizen to speak, even though it wasn’t according to the rules. City of Denton City Council Minutes July 17, 2018 Page 19 Jennifer Lane, 1526 Willowwood Street, spoke in support of the motion for reconsideration. There was no motion, so the agenda item failed for lack of a motion. 6. PUBLIC HEARINGS Ordinance No. Z17-0028d A. Z17-0028d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding assignment of an initial zoning classification of Neighborhood Residential 6 (NR-6) zoning district and use classification on approximately 73.47 acres of land generally located on the north side of Long Road and west of FM 428/Sherman Drive in the City of Denton, Denton County, Texas; adopting an amendment to the city’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval with conditions 6-0. Richard Cannone, Planning Director, stated that this was a request to change the zoning from RD-5X to NR-6. The land use plan intent was to promote rural uses along with rural residential and rural commercial uses. The Neighborhood Residential 6 (NR-6) District was intended for single-family uses with a maximum density of 6 dwelling units per acre. In developments greater than two acres, there were no minimum lot sizes stipulated per the DDC. Mobility considerations included expected 3,729 daily trips. TIA recommendations were - construction of Street A with two egress lanes to allow for dedicated left and right-turn lanes onto Sherman; construction of a northbound dedicated left turn lane and construction of a southbound dedicated right turn lane along Sherman into Street A; and signalization of the intersection of the service roads for Loop 288 and E. Sherman Drive. The Planning and Zoning Commission recommended approval of this request, with the following condition: that the City Council place an overlay on the subject property with the following condition the use of the property is restricted to single family detached housing at a maximum density of 4.7 dwelling units per acre. Council Member Meltzer asked about preservation of the trees in the ESA. Cannone confirmed that the trees in the ESA would be preserved. Hudspeth asked if bus traffic from C.H. Collins for games would be taken into consideration for the residents of the neighborhood. The Mayor opened the public hearing. Justin Bono, the applicant, spoke in support of the project. Total project covered 91 acres at the northwest corner of Sherman Drive and Long Road. The zoning case covered approximately 73.5 acres annexed in January 2018. The property was impacted by existing power lines and gas line in 125 foot total easement bisecting the tract and two ESA areas on site. The applicant completed a Traffic Impact Analysis in advance of the zoning hearings and has included City of Denton City Council Minutes July 17, 2018 Page 20 recommendations into the cost structure for the project. The developer would leave onsite ESA areas intact which resulted in the preservation of the majority of trees on the property. The developer has agreed to the conditions for capped density at 4.7 units / acre and agreed to only single-family detached construction. Council discussion included a 50' minimum lot width and minimum lot size of 6000 square feet and ESA protection. The Mayor closed the public hearing. Council Member Briggs motioned, Mayor Pro Tem Ryan seconded to adopt the ordinance with the condition recommended by the Planning and Zoning Commission. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (6-0). B. SE18-0001a Hold a public hearing and consider adoption of an ordinance regarding a request by Cli Max Enterprises for the expansion of the People’s Funeral Home building and parking lot onto adjoining lots. The 0.64-acre site is generally located on the south side of East Mulberry Street, approximately 50 feet west of Wood Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (SE18-0001, People’s Funeral Home Expansion, Hayley Zagurski). THIS ITEM HAS BEEN WITHDRAWN. This item was not considered. Ordinance No. HL18-0001b C. HL18-0001b Hold a public hearing and consider adoption of an ordinance designating the property located at 607 E. College Street, between Vine Street and Frame Street, a historic landmark, under Section 35.7.6. of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (HL18-0001, Roman McAllen, 607 E. College St.) Roman McAllen, Historic Preservation Officer, stated that the property was located at 607 E. College Street. The current owners had rehabilitated the property and resided there now and were seeking a historic landmark designation. Staff found that the property met three of the criteria for historic landmark designation. The Mayor opened the public hearing. Erica Garcino, 600 Grove Street and 601 E. College Street, spoke against the historic landmark designation. She felt it would deter from TWU’s future plans for student housing. Mary Brickey, 600 Grove Street and 601 E. College Street, spoke against the historic landmark designation. City of Denton City Council Minutes July 17, 2018 Page 21 Council Member Meltzer asked what the impact was for TWU and any plans they had for future housing for students. He asked if the designation would prevent TWU from acquiring any property. McAllen stated it would not. Christina Graham, 613 E. College Street, spoke in support of the historic designation Jane Piper-Lunt, 1205 N. Austin Street, spoke in support of the historic designation The Mayor closed the public hearing. Council Member Meltzer motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (6-0). 7. 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 Meltzer asked for a work session on policy options to motivate greater density in exchange for open space and tree canopy. Council Member Meltzer asked if staff members that work with homeless shelters check if there is a need for more overnight beds. Council Member Briggs said that there was an attempt to delay the inspection of DEC and asked that on matters of public safety the Council be kept in the loop on processes like that. Council Member Briggs asked if staff could look into the possibility of a family shelter in Denton. There were 60 family households that were homeless. Council Member Hudspeth asked that an item come to Council that was on the June 13, 2018 P&Z meeting - AZ18-304b – it had a tie vote. City of Denton City Council Minutes July 17, 2018 Page 22 Council Member Hudspeth asked for staff to look into blocking certain websites from the City’s public computers. Council Member Armintor reiterated that there was a big gap in the way the City met the needs of the homeless population and asked staff to look into the possibility of a family housing shelter. Council Member Armintor asked that staff look into a citizens committee for people with disabilities or a mayor's committee for people with disabilities. Mayor Pro Tem Ryan asked for a staff report or work session related to communication companies and what type of control we have over them. Mayor Watts asked for a work session item to clean up the rules of procedure and the Mayor’s ability to make a motion or second a motion and the process for the election of the Mayor Pro Tem. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 10:12 p.m. _______________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS _______________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES July 24, 2018 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, July 24, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Armintor, Council Member Meltzer, Mayor Pro Tem Ryan, and Mayor Watts. ABSENT: Council Member Briggs, Council Member Duff. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for July 24, 2018. Council Member Meltzer requested discussion on Item A on the costs and whether they could ever be known by the public. Meltzer felt it was important that citizens know that for Item B that all Denton utilities were required by the City Charter to have an outside study done every 10 years. Meltzer asked that Item E be pulled for Items for Individual Consideration. City Manager Todd Hileman stated that Item A was a joint RFP with four other communities and the agreement not to discuss price while we were negotiating was very common in the electric industry. It has been a standard conditions in each of the contracts. This went to PUB on July 23. Meltzer stated that he thought it should be more transparent. Armintor asked that Item A be pulled for Items for Individual Consideration. Mayor Watts stated that if we do not want to maintain the confidentiality, then we would not be able to participate in this agreement. 3. Work Session Reports A. ID 18-1063 Receive a report; hold a discussion, and receive departmental presentations in preparation for the FY 2018-19 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. Todd Estes, City Engineer, presented the budget for Capital Projects. Capital Projects included Operations Planning, Streets Operations and Drainage Operations. Capital Projects accomplishments for FY2017-18 included identified and addressed bond project funding gaps; streamlined design procurement process to expedite project delivery; foundation of a Program Management Office; began auditing processes and resources improve efficiency; re-aligned divisions to improve efficiencies in departmental operations; and eliminated internal City of Denton City Council Minutes July 24, 2018 Page 2 communication barriers; Mayhill Road and Bonnie Brae Phase 1 were on schedule to complete on time; bundled streets projects for better efficiencies in scale; all 2012/2014 Bond Projects were now on schedule to complete design and seven Capital Projects letter for construction this summer. Goals for coming year included implementing best industry standards in project management; coordinating all departmental activities through a single project/program management software; establishing "Centers of Excellence" throughout the department; improve quality assurance and quality control on all projects (private and public); and establishing realistic but aggressive schedules to ensure delivery of all bond-funded projects. Estes reviewed cost containment strategies, process improvements, budget resources, org chart prior to FY 2017-18 and a position summary for Engineering/Capital Projects. Estes stated that Operations Planning included project delivery and traffic engineering. Streets Operations includes Engineering Services and Bicycle & Pedestrian Coordinator. Drainage Operations includes Public Works Inspections and Traffic Operations. Daniel Kramer, Deputy Director of Operations, stated the Street Department goals and accomplishments for FY 2018-19 included continue to maximize the use of outside contractors in order to expedite the bond and maintenance programs; increase overlay activities, base failure repairs, and micro seal programs; utilize roadway pavement study to ensure practices and funding levels met future needs of the street infrastructure; and increase performance measures from previous years. Kramer stated that Denton currently had a total of 1,318.8 lane miles of roadway in the City. 842.3 lane miles were residential streets with an 11% backlog (148.78 lane miles); 224.4 lane miles of arterial streets with a 2% backlog (29.43 lane miles); 252.1 lane miles of collector streets with a 4% backlog (55.69 lane miles). He reviewed cost containment strategies, process improvements, budget highlights, position summary and the org chart. Council discussion included OCI and non-OCI activities, a process for asphalt and concrete in the rubble at solid waste. Pritam Deshmukh, Traffic Engineer, reviewed goals and accomplishments for FY 2017-18 and future goals for FY 2018-19. He stated the vision of the Traffic Operations Division was to design, implement and maintain state of the art Signs, Markings and a Traffic Signal System connected via fiber network that would considerably improve safety, efficiency, and mobility within the City. He stated there was a need for funding to address the maintenance needs of an aging traffic signal, roadway signs and markings infrastructure and to reduce traffic congestion by improving the efficiency of signal operation through modernization of outdated signal equipment. He reviewed cost containment strategies, process improvements, and position summary. He stated there was no significant increase in the budget. Melissa Kraft, Chief Technology Officer, reviewed goals and accomplishments, cost containment strategies and process improvements for Public Safety Communications. Public Safety Communications’ goal was to answer calls within 10 seconds. Total calls for January 1, 2017 to December 31, 2017 were 182,534. She reviewed organizational changes during FY 2017-18. Operations were transferred from Police Operations to Technology Services. A Governance Board was established consisting of representatives from Public Safety Communications, Police, Fire, City of Denton City Council Minutes July 24, 2018 Page 3 City Manager’s Office and Technology Services. A Communications Manager was established. There was a dedicated Training Coordinator and CAD Administrator. Tony Puente, Director of Finance, reviewed FTEs by area. He reviewed accomplishments for FY 2017-18. He reviewed goals for FY 2018-19 which included complete budget software implementation; Accounts Payable automation, including expense reimbursements; update city- wide cash handling policy and training; implement GASB 75 – Postemployment Benefits Other than Pensions; and continue and improve capital improvement project reporting. He reviewed performance measures, cost containment strategies, process improvements, and expenditure highlights. Council discussion included Kiwanis Fireworks expense, contract for depository services, and cost of service and capital outlays. B. ID 18-1078 Receive a report, hold a discussion and give staff direction regarding an Internal Audit Risk Assessment and Audit Plan. Umesh Dalal, City Auditor, stated that the City’s objectives were fiscal stewardship of public resources, organizational excellence, public infrastructure and facilities, quality of life for citizens and economic development. He had consulted with City Council Members, City Administration and Department Directors. Major risks were concentrated in Utilities’ Operations, Capital Projects, Finance, Police and Compliance/Procurement. The risk assessment had identified over 200 auditable units/projects. Based on the risk assessment, the following audits were selected to annual audit plan with existing staff - Solid Waste scale house operations audit oversight; assistance in Solid Waste investigation; Procurement; Accounts Payable; fraud hotline cases and consultation. Dalal stated that the City Auditor’s office received fraud, waste and abuse complaints and was responsible for receiving Ethics complaints and provided support to the Ethics Board. Maintaining confidentiality was critical. The office needed to have a dedicated staff to perform administrative duties for hotline and ethics complaints and for supporting auditors. Consensus of Council was to have the budget presentation for audit on the next agenda. Following the completion of the Work Session, the City Council convened in a Special Called Meeting to consider the following items. 1.CONSENT AGENDA Council Member Meltzer motioned, Council Member Armintor seconded to adopt the Consent Agenda and accompanying ordinances except for Items A and E. On roll call vote, Council Member Hudspeth "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (5-0). Ordinance No. 18-1025 B. ID 18-1025 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, authorizing the City Manager to award a contract with NewGen City of Denton City Council Minutes July 24, 2018 Page 4 Strategies and Solutions, LLC, for a Utility Management Study for Electric, Water, and Wastewater; providing for the expenditure of funds therefor; and providing an effective date (RFP 6708- awarded to NewGen Strategies and Solutions, LLC, in the not-to-exceed amount of $310,610). The Public Utilities Board recommends approval (5-0). Ordinance No. 18-1037 C. ID 18-1037 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with Denton County, under the Government Code, Chapter 791, to authorize Denton County to provide Property Tax Billing and Collections Services for the City of Denton; providing a savings clause; and providing an effective date (File 6857- Interlocal Cooperative Purchasing Agreement with Denton County for one (1) year, with the option for an additional one (1) year extension). Ordinance No. 18-1097 D. ID 18-1097 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending Ordinance 2017-291 to replace the FY 2017-18 Annual Audit Plan and providing an effective date. The Audit/Finance Committee recommends approval (3-0). Item A was considered. Ordinance No. 18-1014 A. ID 18-1014 Consider adoption of an Ordinance of the City of Denton authorizing the City Manager, or designee, to execute a confidentiality agreement between the City and Invenergy LLC., a Delaware Limited Liability Company, for the purpose of discussing the purchase of electric power and capacity generated from solar energy as part of achieving the goal of the City’s renewable resource plan to meet the future needs of its electric customers with 100 percent renewable energy; providing for a severability clause; and providing for an effective date. City Manager Hileman stated that once the deal was negotiated staff would bring the final agreement to PUB and City Council. Council Member Hudspeth stated that the conversation failed to acknowledge the efforts the City Manager and City Administration had done to make things more transparent. Mayor Pro Tem Ryan motioned, Council Member Meltzer seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (5-0). Item E was considered. Resolution No. 18-1136 E. ID 18-1136 Consider approval of a resolution of the City Council of the City of Denton, Texas, authorizing the Mayor to approve the issuance of New Hope Cultural Education Facilities Finance Corporation Capital Improvement Revenue Bonds (CHF - Collegiate Housing Denton, L.L.C. - Texas Woman’s University Dining Project) Series 2018B in an City of Denton City Council Minutes July 24, 2018 Page 5 aggregate principal amount not to exceed $100,000,000; recognizing that the City of Denton is not responsible for issuing revenue bonds and has no financial obligation to pay any principal of or interest on the revenue bonds; making certain findings in connection therewith; and to approve the projects to be acquired with the proceeds of such bonds; and providing for an effective date. Tony Puente, Director of Finance, stated that this item was to approve the issuance of bonds by New Hope for a TWU project. Council Member Meltzer motioned, Council Member Hudspeth seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "aye". Motion carried (5-0). 2.ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 18-1178 Consider a motion to reconsider Ordinance Z17-0028d of the City of Denton, TX, adopted July 17, 2018, regarding assignment of an initial zoning classification of Neighborhood Residential 6 (NR-6) zoning district and use classification on approximately 73.47 acres of land generally located on the north side of Long Road and west of FM 428/Sherman Drive in the City of Denton, Denton County, Texas; adopting an amendment to the city’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval with conditions 6-0. Justin Bono, 9219 Arbor Trail Drive, representing the applicant, spoke in opposition to the proposed motion to reconsider and asked that the motion not be made. Discussion followed that during the public hearing a minimum 50 foot lot width and 6,000 square foot minimum lot area were discussed but were not part of the motion. Mayor Pro Tem Ryan motioned, Council Member Armintor seconded to reconsider ordinance Z17-0028d. On roll call vote, Council Member Hudspeth "nay", Council Member Armintor "aye", Council Member Meltzer "aye", Mayor Pro Tem Ryan "aye", and Mayor Watts "nay". Motion failed (3-2). 3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the City of Denton City Council Minutes July 24, 2018 Page 6 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 Armintor requested a staff update on the DCTA strike and Denton's role. Council Member Armintor requested a written announcement to the public about trees coming down in the development today behind Foxcroft. Council Member Armintor requested a work session on the noise ordinance issue including what technologies Police and Code Enforcement are using. Looking for consistency and application of the ordinance and on responding to complaints. Council Member Armintor requested a work session on Code Enforcement practices and policies. Council Member Armintor requested a staff report or work session item on City bathrooms and taking the single use bathrooms for women and men and making them gender neutral bathrooms. Also wanted to look into having some kind of reward when private businesses do that. Council Member Meltzer asked for a conversation with staff regarding the tree canopy objective. Mayor Watts announced that August 31 was International Opioid Awareness Day. Mayor Watts gave a shout out to DME and David Hoenig on getting the electricity back on at the Monsignor King Center in a timely manner. Mayor Watts asked for a discussion on the role of the City regarding DCTA. Council Member Meltzer applauded staff and DCTA for getting the word out about the cooling stations. With no further business, the meeting was adjourned at 5:43 p.m. _______________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS _______________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 2, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Thursday, August 2, 2018 at 8:30 a.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor Pro Tem Ryan, Council Member Meltzer, and Mayor Watts. ABSENT: Council Member Armintor 1. Work Session Reports A. ID 18-1223 Receive a report, hold a discussion, and receive departmental presentations in preparation for the FY 2018-19 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. Umesh Dalal, City Auditor, presented the Internal Audit budget. He reviewed performance measures, accomplishments, budget emphasis, and budget highlights. Council Member Armintor arrived at the meeting. Nick Vincent, Utilities Business Manager, presented the financial portion of the Solid Waste proposed budget. He noted Solid Waste assumptions, cost containment, future risks and mitigation strategies, 5 year forecast, budget highlights, next steps and proposed rates. Ethan Cox, Director of Solid Waste, presented the departmental presentation regarding Solid Waste. He noted goals and accomplishments, budget emphasis, process improvements, cost containment, and 5 year capital plan. B. ID 18-1171 Receive a report, hold a discussion, and give staff direction regarding the FY 2018-19 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Tony Puente, Director of Finance, presented the proposed 2018-19 budget information. Major portions of the presentation included the General Fund projection assumptions, General Fund forecast and budget, debt tax rate impact, special revenue and internal service funds, Enterprise funds, capital program, total budget and next steps. Assumptions for the General Fund included assessed value increased, debt service portion of tax rate, M & O portion of tax rate, sales tax and franchise fees. Vacancy management/salary savings information was provided in terms of amount of savings and reasoning for the vacancy management program. Proposed compensation and benefits were noted for merit increases, health insurance funding, and retirement funding. Figures concerning property values and the effective tax rate, calculation of the effective tax rate, tax rate history, market values, appraised values, sales tax by prior fiscal years, and 5 year growth rate data were reviewed. Council discussed the Truth-In-Taxation calculation versus the City calculation of the effective tax rate and differences in tax rate with the added tax ceiling/freeze now included. City of Denton City Council Minutes August 2, 2018 Page 2 Puente next provided information on the General Fund proposed revenues, proposed expenditures, and proposed expenditures by function along with the General Fund forecast. Supplemental funding requests recommended for the budget and those currently unfunded were noted. Council discussion included: The thoroughfare plan was unfunded but would the cost change in light of the fact that the County had just completed their plan The Animal Shelter was understaffed and whether that was addressed in the supplemental packages Status of the ADA Master Plan Whether the thoroughfare plan/mobility plan could be combined If the red light camera contract was not renewed whether the excess funds could be used for traffic signals What was the reason for the increase in homestead taxable values Consider a study or monitor Civil Service as to whether the added value over market rate affected the City’s ability to track competitive employees Include the funding for mobility and the thoroughfare plan in the proposed budget Puente presented Capital Improvement funding requests information in terms of Phases 1 and 2 as well as the debt tax rate impact for the Phase 1 projects. Council discussed: Whether the Phase 1 capital improvement funding requests figures reflected projects that were complete and ready to start Bonnie Brae future project phases Information concerning the Parks capital improvements Phase 2 requests and ways to look for funding for those projects in the proposed budget Costs involved for Fire Station 8 in Phase 2 and the possibility of obtaining the engine before the station was built Consider funding for Parks projects in Phase 2 to be taken from the Fund Balance Puente provided information on Special Revenue & Internal Service funds. Those funds included the Traffic Safety Fund. Council discussed the reasoning for a city-wide speed study and replacement of traffic signals due to the age of the signals. Puente noted funding for the Tax Increment Reinvestment Zones #1 and #2 and the appraised values for the fund. Council discussed the new value figures which were only on new construction and not renovations of old buildings. They requested information on the breakdown of the old value compared to new value for the appraisals. Other special revenue funds were discussed by Puente in terms of dollar amounts in the funds and any associated proposed uses for those funds. Internal Service funds were also noted as well as the supplemental funding requests on those funds. City of Denton City Council Minutes August 2, 2018 Page 3 Council discussed: The use of CVS as the primary pharmacy provider Provide a comparison with other pharmacies used The Heath Insurance fund included expenses for the Health Clinic and a question on when that contract was expiring Puente next discussed the Enterprise funds which were comprised of the Airport fund, Electric fund, Water fund, Wastewater fund, and Drainage. The monthly rate impact for the average residential customer for the utility funds was noted. There would be no rate changes for the Water fund and a 5% rate decrease in the Wastewater fund. The 2018-19 Capital Program for total new funding and General Government proposed debt were noted. Council discussion included: Reasoning why customers were charged more for guaranteed same day service Reasoning for reconnection fees when there were so many remote meters Consideration of a 5% of late bill for the charge for late fees instead of a set rate Review the 1% past due charge on account balances Present additional information on the DEC funding and associated renewable sources that also assisted in that funding, including costal wind in the information Puente concluded with the next steps in the budget process covering the next several months. Council asked for a more detailed listing of miscellaneous categories and fees on the funding graphic presentation and questioned the downward trend of the franchise fees. C. ID 18-1146 Receive a report, hold a discussion, and provide staff direction on the design and construction of the new tennis center. Gary Packan, Director of Parks and Recreation, provided the staff report on the new tennis center. Project goals included replacing the existing tennis center, providing programs for various ages and abilities, attracting sports tourism, stimulating economic development and enhancing the city identity and community pride. He noted the aspect/orientation of the location for the new center, design guidance with USTA, three various design scenarios for the facilities, funding, and project timeline. Council discussion included: Pros and cons of sharing with limited number of courts but provide space for future expansion Purpose of a pro shop Cost comparison of resurfacing existing courts instead of building a new facility Whether there were court fees to use the facility or free play Staffing for the pro shop Whether an environmental study for drainage from the proposed courts had been done Amount of tournaments to help finance the debt There was a need to balance the interest of residents to use the courts in addition to holding tournaments. City of Denton City Council Minutes August 2, 2018 Page 4 Council Member Ryan left the meeting. Following the completion of the Work Session, the City Council convened in a Special Called Meeting to consider the following items: 1.ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. 18-1172 A. ID 18-1172 Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 18, 2018, City Council public meeting agenda to adopt a 2018 Tax Rate that will not exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on August 14, 2018, and September 11, 2018 and calling a budget public hearing on the Fiscal Year 2018-2019 Annual Program of Services of the City of Denton to be held on September 11, 2018; requiring publication of notices of the public hearings in accordance with the law; requiring the posting of the notices of the public hearings on the City’s Internet website; requiring the posting of the notices on the City’s public access channel; and providing an effective date. Tony Puente, Director of Finance, presented the staff report on the proposed tax rate. The proposal was to set the maximum proposed rate at the current tax rate using the State calculations for the effective and rollback rates. The required publications and two public hearings on the tax rate would be properly noticed. Council Member Meltzer motioned, Council Member Hudspeth seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Meltzer "aye", Council Member Armintor "aye" and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-1236 B. ID 18-1236 Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No.2018-004, prescribing the number of positions in each classification of Police Officer; providing a repealer clause; and declaring an effective date. City Manager Hileman stated that Chapter 143 required adoption of an ordinance reflecting the exact number of police positions in the current budget. The proposed ordinance reflected the new structure of the Police Department with one assistant chief and two deputy chiefs. Bobby Smith had been appointed the Assistant Chief. Council Member Briggs motioned, Council Member Meltzer seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Meltzer "aye", Council Member Armintor "aye" and Mayor Watts "aye". Motion carried unanimously. City of Denton City Council Minutes August 2, 2018 Page 5 Resolution No. 18-1211 C. ID 18-1211 Consider approval of a resolution confirming the appointment by the City Manager of Bobby Smith as interim Police Chief for the City of Denton Police Department, and declaring an effective date. City Manager Hileman stated that the proposed ordinance was required under Chapter 143 whereby the governing body was required to confirm the appointment of a police chief by the City Manager. He was recommending Bobby Smith be appointed Interim Police Chief. Council Member Hudspeth motioned, Council Member Briggs seconded to approve the resolution. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Meltzer "aye", Council Member Armintor "aye" and Mayor Watts "aye". Motion carried unanimously. 2. 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 Briggs Discussion on whether the Public Art Committee should be included in the Ethics ordinance or have a separate procedure for that board Make sure the cross walks were properly marked at the schools as schools were about to start Staff report on consultants and the amount spent in 2017 to date Council Member Hudspeth Email on how far out the marketing piece/branding piece was for facilities Council Member Armintor Staff report on ways to proposed new agenda items With no further business, the meeting was adjourned at 3:00 p.m. City of Denton City Council Minutes August 2, 2018 Page 6 __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 6, 2018 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Monday, August 6, 2018 at 11:30 a.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Council Member Armintor, Council Member Meltzer, Mayor Pro Tem Ryan, and Mayor Watts. ABSENT: None. 1. Work Session Reports A. ID 18-1194 Receive a report, hold a discussion, and give staff direction regarding nominations to the City’s Boards and Commissions. Jennifer Walters, City Secretary, presented a revised list to the Council. The nominations would be voted on at the August 7 meeting. Council Member Briggs nominated Randi Skinner to the Community Development Advisory Committee; Mayor Watts nominated Bob Tickner to the Airport Advisory Board; Mayor Watts nominated Mary Beth Cottingham to the Community Development Advisory Committee, Mayor Watts nominated Dr. Ling Jeng to the Library Board, Council Member Ryan nominated Michelle Lynn to the Public Art Committee; Mayor Watts nominated John Weber to the Public Art Committee, Council Member Armintor nominated Hannah Bagheri to the Traffic Safety Commission, Council Member Armintor nominated Maureen Leak as an Alternate to the Zoning Board of Adjustment. B. ID 18-1155 Receive and report, hold a discussion, and give staff direction regarding the operations of Development Review Engineering. Todd Estes, City Engineer, stated that some updates and revisions had been made to the Development Review Engineering process. City Standard Details had been updated. Revisions had been adopted for the Water and Wastewater Design Criteria Manuals, Traffic and Drainage Design Criteria Manuals. Revisions to the Denton Development Code and updates to the Design Criteria Manuals and Standard Details should be completed by January 2019. Creation and adoption of City Standard Specifications was anticipated to be completed by December 2019. Estes stated that the Engineering Review process has been cumbersome to the point of frustration for both the development community and City staff. Currently, City staff was working through 145 active development projects with a staff of three senior engineers, one technician and a consultant to help offset the high workload. Staff currently worked 10 to 12 hour days 5 and 6 days a week to keep up with the workload. With the increasing number of development projects submitted for review since 2008, staff resources were becoming extremely limited and they had little time to focus on process improvements. The Capital Projects Department budget for Fiscal Year 2018-2019 included two additional engineers and another technician to help bring current workloads to a manageable level. The budget also provided for the continuation of staff augmentation as demand increased by providing funding for consultant services. In preparation for this, a request for qualifications was City of Denton City Council Minutes July 24, 2018 Page 2 advertised that would provide immediate staff augmentation while the City looked to fill the three new positions. A condition of the RFQ was also to search for a consultant that would review all current review processes and fees to determine the optimal processes and resources to contend with current and future private development submittals. Staff had reviewed all submittals, interviewed the top 3 firms, and performed extensive background checks on the finalist. Estes reviewed the issues to be resolved. Expedited Review Fee, Deposit Based Review Fee, Assessment of Review Time Required per Project. Issues with Developer Agreements, Alternatives to Developer Agreements, Other Improvements. Estes reviewed the options. Option 1 - utilize existing staff and resources proposed in the FY 18- 19 budget. Option 2 - maintain existing staffing and increase consultant involvement in process review and plan review. Option 3 - outsource the complete engineering review responsibilities and repurpose existing staff. Staff recommended Option 3. Council discussed the various options. Consensus of Council was to proceed with Option 3. 2. 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 Watts asked if the TIF numbers could be categorized when they were brought back to Council. Mayor Watts gave a shout out to our Fire Department as they responded to the fire on Saturday by the 380 Flea Market. The following Fire Departments assisted our Fire Department - Aubrey, Flower Mound, Justin, Krum Lake Cities, Little Elm, Pilot Point, Ponder, and Denton County Emergency Services. The following agencies that backfilled for our City were Argyle and Lewisville. Two of the City’s employees in the Streets Department also helped with a backhoe. We are very fortunate for the assistance from our neighboring communities that assisted with that fire. City of Denton City Council Minutes July 24, 2018 Page 3 With no further business, the meeting was adjourned at 1:28 p.m. _______________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS _______________________________ JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 7, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 7, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor Pro Tem Ryan, Council Member Meltzer, and Mayor Watts. ABSENT: Council Member Armintor 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for August 7, 2018. There were no requests for clarification of agenda items. Council Member Armintor arrived at the meeting. 3. Work Session Reports A. ID 18-1198 Receive a report, hold a discussion, and give staff direction regarding potential revisions to the Code of Ordinances and the Denton Handbook for Boards, Commissions and Council Committees making all ad hoc committees and citizen task forces subject to the procedural requirements of the Texas Open Meetings Act. Rachel Wood, Assistant to the City Manager, presented the staff report on the proposed revisions to the Code of Ordinances and the Denton Handbook for Boards, Commissions and Council Committees. She noted that Council had requested clarification on the Texas Open Meetings Act requirements for ad hoc committees and citizen task forces. The intent was that the requirements would apply to all citizen boards and ad hoc committees. The legal framework and formal application of the requirements were reviewed. Options for consideration were to take no action, apply the requirements to all boards/commissions/ad hoc committees or have the requirements apply to only specific committees. Council discussion included: Not applying the provisions to ad hoc committees Whether to only do posting of agendas relative to the Act Limit the size of committees Whether the ad hoc committee discussions would be hampered if they could only follow a posted agenda Post agendas with broad enough language to allow for a variety of discussion Consensus of the Council was to proceed with Option 2. B. ID 18-1269 Receive a report, hold a discussion and give staff direction regarding changes to the Downtown Reinvestment Grant Program’s funding source, policy, and procedures. City of Denton City Council Minutes August 7, 2018 Page 2 Caroline Booth, Director of Economic Development, presented the staff report on the Downtown Reinvestment Grant. She noted the background of the grant provisions, procedures for current requests; eligible expenses; current review/approval process; and proposed changes. Council discussed: The reasoning for the amount allowed for the grant Changes being made in the provision for a cap at an individual address Limitations on who the applicant could be Reasoning for including mold/asbestos abatement as allowed expenses Booth continued with prior action/review of the funding provisions. She requested direction from Council on how to proceed and noted several options available. Council discussion included: Funding to come from the TIRZ and raise the amount from $25,000 to $30,000 Include language prioritizing public health and safety Whether changing the funding mechanism changed the boundaries of the TIF Extend the TIF boundaries to allow more applications for funding Not limit the health and safety to just asbestos and fire suppression but include other types of health and safety issues The grant was not originally designed to completely redo a renovation to a building and was for smaller scaled projects Funding should come from the TIF as those were where the projects were located Consider having the current Council draw the boundaries Consensus of the Council was to proceed with Option 3 without an increase in the grant amount. C. ID 18-1293 Receive a report, hold a discussion, and give staff direction regarding the FY 2018-19 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Tony Puente, Director of Finance, stated this was an opportunity for additional questions from Council regarding the budget. Council discussed: Where cuts would be needed to get to the effective tax rate Council should provide reductions in the budget in order to reduce to the effective tax rate rather than staff having to make those cuts Include the Thoroughfare and Mobility plans in next budget discussions along with engineering funding D. ID 18-1296 Receive a report, hold a discussion, and give staff direction on the composition of the City Hall West Steering Committee due to recent resignations, attendance, and quorum issues. City of Denton City Council Minutes August 7, 2018 Page 3 Mark Nelson, Director of Transportation, presented the staff report regarding the status of the City Hall West Steering Committee. He noted the number of meetings held thus far, the attendance of the members at the meetings, member resignations; members with poor attendance and options for membership on the committee. He also presented information on the three upcoming committee meetings. Council discussion included: Consider reappointments for the missing members Reduce the number of members due to the limited number of future meetings rather than adding new members due to the learning curve of the issue Consider not appointing any new members Wrap up the committee as a whole as timing was not conducive to taking action in the near future Whether there were particular areas of expertise that were needed on the committee What the rationale was appointing new members so late in the discussion process Consensus of the Council was to nominate new members if desired by a council member who had current vacancies. Council and staff also discussed quorum issues and whether a discussion could be held if there was no quorum. It was noted that a staff presentation could be made but no discussion held. No additional meetings would be held beyond what was already scheduled. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: Council Member Hudspeth did not participate in the Closed Meeting discussion. A. ID 18-1200 Deliberate regarding Real Property - Under Texas Government Code 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071 Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests out of the B.B.B. & C.R.R. Company Survey, Abstract No. 192 and the E. Puchalski Survey, Abstract No. 996, Denton County, Texas, and being generally located within the 300 through 600 block range of North Bonnie Brae Street, including a 0.8123 acre tract generally located in the 2300 block of Scripture Street, Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the potential acquisition or condemnation of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. (Bonnie Brae Street - Phase 4/5) Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall. City of Denton City Council Minutes August 7, 2018 Page 4 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. ID 18-1184 Resolution of Appreciation for Police Chief Lee Howell. Mayor Watts presented the proclamation for Chief Howell and presented him with a Plaque of Appreciation. B. ID 18-1197 Mayor’s Summer Youth Jobs Program Mayor Watts presented the proclamation for the Mayor's Summer Youth Jobs Program. C. ID 18-1230 Denton Farmers Market Week Mayor Watts presented the proclamation for Denton Farmers Market Week. D. ID 18-1224 Emily Fowler Library Staff Heroism Day Mayor Watts presented the proclamation for Emily Fowler Library Staff Heroism Day. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public 1. ID 18-1268 Layla Comeans regarding an update from Bridging Hope Ministries on homelessness. Ms. Comeans presented a video regarding her experiences as a homeless person during an exercise in Austin. 2. ID 18-1270 Rhonda Love regarding homelessness. Ms. Love presented information concerning her personal experience regarding a family who was homeless. She was in favor of the establishment of permanent housing for the homeless. 3. ID 18-1262 Wayne Aleshire regarding transitional housing. City of Denton City Council Minutes August 7, 2018 Page 5 Mr. Aleshire presented information regarding transitional housing for the homeless. He asked for the Council's support for their proposal for a transitional housing program. 4. ID 18-1254 Jane Piper-Lunt regarding transitional housing. Ms. Piper-Hunt presented information on a Denton Basic Transitional Housing Project. They would also assist the City with the Empower to Employ program. She asked for the City's support for their proposal. C. Additional Citizen Reports Janice Hunt presented information on her former homeless situation. She expressed concern for the homeless and that there needed to be a development for them to go to. Willie Hudspeth spoke on his definition of "white privilege". He noted the lack of African American fire fighters and why they were not hired in Denton. 4.CONSENT AGENDA Council Member Briggs motioned, Mayor Pro Tem Ryan seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. Ordinance No. 18-1047 A. ID 18-1047 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Jagoe-Public Company for Trucking Services for the delivery and removal of construction materials for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (IFB 6765- awarded to Jagoe-Public Company with a one (1) year not-to-exceed amount of $150,000). Ordinance No. 18-1058 B. ID 18-1058 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, authorizing the City Manager to execute a contract for the purchase of software maintenance for continued vendor technical support and software upgrades to Cartegraph Operations Management System for Public Works asset and work order software system, with Cartegraph Systems, LLC, which is the sole provider of this software. In accordance with Texas Local Government Code 252.022, provides that procurement of commodities and services that are available from one source are exempt from competitive bidding; and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 5635 awarded to Cartegraph Systems, LLC, in the three (3) year not-to-exceed amount of $249,848.64). City of Denton City Council Minutes August 7, 2018 Page 6 Ordinance No. 18-1113 C. ID 18-1113 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, authorizing the City Manager to execute a contract for on-site tire repair and replacement services for on-road heavy-duty trucks and off- road vehicles and equipment for the City of Denton Fleet Services department; providing for the expenditure of funds therefor; and providing an effective date (IFB 6788- awarded to Dwayne Waters, Inc. dba Briscoe Alignment & Tire, for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to- exceed amount of $310,000 for all years). Ordinance No. 18-1179 D. ID 18-1179 Consider adoption of an ordinance of the City of Denton, a Texas home- rule municipal corporation, authorizing the City Manager to execute a contract for the supply of shoot on connectors for the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6840- awarded to Texas Electric Cooperatives, Inc., in the four (4) year not-to-exceed amount of $150,000). Ordinance No. 18-1188 E. ID 18-1188 Consider adoption of an ordinance of the City of Denton approving a revision to an interlocal agreement between the City of Denton and the University of North Texas for a Bike Share Pilot Program owned and administered by the University of North Texas; and providing an effective date. The Mobility Committee recommends approval (3-0). Ordinance No. 18-1192 F. ID 18-1192 Consider adoption of an ordinance approving an easement grant and abandonment agreement ("Agreement") regarding electric utility easement(s) by and between Rayzor Investments, Ltd., United States Cold Storage, LP, and the City of Denton, within the J. Perry Survey, Abstract Number 1040 and the Eugene Puchalski Survey, Abstract Number 996, in the City of Denton, Denton County, Texas; authorizing the City Manager to execute the Agreement; and providing an effective date. (Westpark area development planning: Paccar (Peterbilt), US Cold Storage, Rayzor Investments, and Retreat at Denton Apartments) Resolution No. R18-1214 G. ID 18-1214 Consider approval of a resolution appointing the nomination of an alternative member to the Board of Ethics created in the Code of Ordinances, Chapter 2, Article XI, Section 2-277; and providing an effective date. Ordinance No. 18-1264 H. ID 18-1264 Consider adoption of an ordinance of the City of Denton, approving an agreement with the Parks Foundation and the City of Denton, Texas to allow the Parks Foundation to raise funds on behalf of the Parks and Recreation Department; authorizing the City Manager or his designee to execute the Parks Foundation Agreement; and providing an effective date. City of Denton City Council Minutes August 7, 2018 Page 7 5.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 18-1153 A. ID 18-1153 Consider adoption of an ordinance directing the publication of Notice of Intention to issue $31,810,000 in principal amount of Certificates of Obligation of the City of Denton; and providing for an effective date. Tony Puente, Director of Finance, presented the staff report on the Notice of Intention to issue the Certificates of Obligation bonds. He noted the purpose of the Notice, the projects that were recommended for funding, and the next steps in the process. Willie Hudspeth spoke that there were no funds presented for the homeless situation. Council discussed the benefits of using COs instead of GOs. Council Member Hudspeth motioned, Mayor Pro Tem Ryan seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. B. ID 18-1195 Consider nominations/appointments to the City’s Boards and Commissions: Airport Advisory Board; Animal Shelter Advisory Committee; Community Development Advisory Committee; Health & Building Standards Commission; Historic Landmark Commission; Human Services Advisory Committee; Library Board; Parks, Recreation and Beautification Board; Planning and Zoning Commission; Public Art Committee; Public Utilities Board; Traffic Safety Commission; and Zoning Board of Adjustment. Jennifer Walters, City Secretary, reviewed the nominations that were provided by Council and that were noted in the backup materials. Willie Hudspeth spoke on nominations from a prior Council which voted against a particular nomination. He questioned the number of African American nominations and women who were nominated and was in favor of diversity in the nominations. Council Member Hudspeth motioned, Council Member Meltzer seconded to approve the nominations. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. 6. PUBLIC HEARINGS Ordinance No. Z18-0010a A. Z18-0010a Hold a public hearing and consider adoption of an ordinance to rezone approximately 0.64 acres from a Neighborhood Residential 4 (NR-4) to a Downtown Commercial Neighborhood (DC-N) District. The subject property is generally located City of Denton City Council Minutes August 7, 2018 Page 8 on the south side of East Mulberry Street, approximately 50 feet west of Wood Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z18-0010, People’s Funeral Home Expansion, Hayley Zagurski). The Mayor opened the public hearing. Hayley Zagurski, Development Services, presented information on the proposed zoning change. She noted the current zoning, proposed zoning, background information on the property, the concept plan, criteria for approval, compatibility of the proposal with the surrounding area, public infrastructure in the surrounding area, notifications of surrounding area, neighborhood meeting, and recommendation of an overlay for the property. The Planning and Zoning Commission and staff recommended approval with conditions. Council discussed parking, ingress/egress at the property and the history of the business in the neighborhood. The following individuals spoke during the public hearing: Johnnie Brumfield, applicant, spoke in favor Cynthia Cochran, 2420 E. McKinney, Denton 76209 - spoke in favor Willie Hudspeth, 623 Newton, Denton, 76209 - spoke in favor Comment cards were submitted by: Betty Krivin, 813 Lakey, Denton, 76205 – in support Mable Devereau, 111 S. Crawford, Denton, 76205 – in support Ivy Fore, 5409 Galante, Denton, 76208 – in support Dorothy Minter, 819 Newton, Denton, 76205 – in support Bettie McKinney, 4900 Lake Park, Sanger, 78226 – in support Shelly Johnson, 1109 E. Hickory, Denton, 76205 – in support Rubie Sacks, 1109 E. Hickory, Denton, 76205 – in support Vanessa and Stanley Reed, 617 Boardwalk, Denton, 76205 – in support Mae Shephard, 608 Chambers, Denton 76205 – in support Aaliyan Scott, 1408 Teasley, Denton, 76205 – in support Mary Darrough, 1408 Teasley, Denton, 87205 – in support LaShoonda Arrough, 1408 Teasley, Denton, 76205 – in support The Mayor closed the public hearing. Council Member Meltzer motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", Council Member Meltzer "aye", and Mayor Watts "aye". Motion carried unanimously. 7. CONCLUDING ITEMS City of Denton City Council Minutes August 7, 2018 Page 9 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 Briggs Update on Denton’s designation as a monarch city Informal Staff report regarding library fines including when these were sent to collections Work Session on diversity and history of the Fire Department and scholarship possibilities Council Member Armintor Staff report on the homeless situation and the possible sanctioning one or more of the homeless sites; what would be involved in providing the bare essentials for those areas Diversity in fire fighters with a study of what were the barriers for African American applicants Mayor Watts Scheduling of the performance reviews for the Council appointees Include in the diversity discussion different types/statistics B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 8:20 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 14, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 14, 2018 at 1:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor Pro Tem Ryan, Council Member Armintor, and Council Member Meltzer. ABSENT: Mayor Watts. 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda Items. 2. Requests for clarification of agenda items listed on the agenda for August 14, 2018. Staff responded to Council’s requests for clarification on the following items: Council Member Briggs - Consent Agenda Item A and C Council Member Hudspeth – Consent Agenda Item C Mayor Pro Tem Ryan - pull Consent Agenda Item E for clarification 3. Work Session Reports A. ID 18-1125 Receive a report, hold a discussion and give staff direction regarding the implementation of standard construction specifications and contract documentation for construction of all City of Denton capital projects and public infrastructure. Todd Estes, City Engineer, presented the staff report for the standard construction specifications preparation. He presented the background information on the purpose of construction specifications; contract documents required to construct projects; components of a construction specification; and the impact of existing specifications. Council discussed whether the various information for different specifications was digital or paper and examples of the different types. Estes continued with what needed to be done to create standard construction documents; funding recommendations for the project; and timeline to completion. Council discussed: The need for the project The cost for the consultant Alternatives for the consultant such as hiring an individual to do this work Consensus of the Council was to move forward with the process suggested by staff. B. ID 18-1221 Receive a report, hold a discussion, and give staff direction regarding the FY 2018-19 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. City of Denton City Council Minutes August 14, 2018 Page 2 Tony Puente, Director of Finance, presented the update on the proposed budget. He noted budget changes in terms of additions and those items contingent on year-end financial performance, updated financial forecast, property tax values versus collection, history of market value, the Downtown TIRZ fund, Tree Mitigation fund and next steps. C. ID 18-1283 Receive a report from staff, hold a discussion, and give staff direction regarding the design and construction of the new North Lakes Dog Park. Laura Behrens, Assistant Director of Parks and Recreation, presented the staff report for the design and construction of a new dog park. She noted the project goals; aspect/orientation of the proposed project; overall objective of the park; pedestrian access; design elements; and budget projections. Council discussed considering remaining in the current funding rather than the proposed budget and using a phased approach in order to get the park started as the need was there for it. Behrens continued with the project timeline. Council discussed: What a scaled down version would look like in terms of cost Consider naming rights on parts of the park such as the pavilion Look at the differences between the two parks so as to not have all the amenities at the new park Explanation on how the original funding amount was determined Restrictions on where the funding could be used from the development fees Consensus of the Council was to present follow up information after the public meetings with additional options for the proposal. D. ID 18-1327 Receive a report, hold a discussion, and give staff direction regarding Quiet Zones along at-grade railroad crossings within the City of Denton. Pritam Deshmukh, Traffic Engineer, presented information on the quiet zones. He noted the number and location of each zone; the definition of quiet zones; supplemental safety measures; UPRR crossings that were currently funded in the Downtown area, the northern segment and the southern segment plus the KCS crossings; and the quiet zone process to achieve the crossings. E. ID 18-1202 Receive a report, hold a discussion, and give staff direction on the composition of the Oak Gateway Area Plan Steering Committee due to recent resignations and quorum issues. Ron Menguita, Principal Planner, requested staff direction on the Oak Gateway Steering Committee in terms of composition of the Committee due to recent resignations and quorum issues. He noted the makeup of the committee, members who had indicated they could no longer serve and options for membership. Council discussed whether to maintain the membership as is or fill the vacancies. City of Denton City Council Minutes August 14, 2018 Page 3 Patrice Lyke, Committee Chair, noted the committee makeup and indicated that she was more in favor of appointing members to fill the current vacancies. Council considered designating some of the seats as standing seats instead of designating specific individuals to the committee. Consensus of the Council was to replace all vacant seats and bring the item back to Council for approval with the standing seats. F. ID 18-1261 Receive a report, hold a discussion, and give staff direction regarding the Human Rights Campaign (HRC) Municipal Equality Index (MEI), the City of Denton’s MEI score, and options for consideration to increase MEI score. Sarah Kuechler, Director of Public Affairs, presented the information on the Municipal Equality Index. She noted what the Human Rights Campaign was, what the Municipal Equality Index was, how cities were selected for the Index, standards for rating of the index for cities; and scores for the city of Denton from 2017-2018. Information was also presented in terms of the sections of the Index ratings for non-discrimination laws; municipality as an employer; municipal services; law enforcement; and leadership on LGBTQ equality. Council discussed: Whether the Parks and Recreation Department had a bullying policy in conjunction with its programs Whether staff should proceed with all of the items that were not related to ordinances and return with ordinances at a future date Provide a list of what items would be the easiest to implement as a starting point. Consensus of the Council was to proceed with a youth bullying policy; check on regulations for health department on restrooms; and the inclusive work place. Also staff should look at other cities to see what they have done. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below. 1. Closed Meeting: A. ID 18-1259 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters about power purchase agreements under development as a result of the City’s participation in the New Braunfels Utilities’ Request for Proposal for the purchase of solar-generated electric power ("NBU RFP"); discuss and deliberate strategies, opportunities and agreements for the City to potentially purchase solar-generated electric power as a result of the City’s participation in the NBU RFP. Consultation with the City’s attorneys regarding legal issues associated with the agreements described above where discussion of these legal matters in City of Denton City Council Minutes August 14, 2018 Page 4 an open meeting would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Following the completion of the Closed Meeting, the Council convened in a Special Called Meeting. 1.CONSENT AGENDA Council Member Hudspeth motioned, Council Member Meltzer seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item E which was pulled for separate consideration. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. Ordinance No. 18-1203 A. ID 18-1203 Consider adoption of an ordinance of the City of Denton approving revisions to the pilot bicycle share permit program to extend the term thereof; confirming the rules and regulations for the pilot bicycle program and the provisions for enforcement thereof; establishing a fee schedule for the permit program; proving a penalty clause; providing a severability clause; and declaring an effective date. Ordinance No. 18-1248 B. ID 18-1248 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute an agreement with Texas Department of Transportation ("TXDOT") for the furnishing and installation of traffic signal equipment at the intersection(s) of FM 2181 at Wind River, FM 2181 at Ryan, FM 2181 at Robinson, FM 2181 at Wheeler Ridge, FM 2181 at Hickory Creek, FM 2181 at Montecito, FM 2181 at Old Alton, FM 2181 at Sundown, and FM 2181 at Cedar Creek; authorizing the expenditure of funds thereof; and providing an effective date. Ordinance No. 18-1249 C. ID 18-1249 Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on the southwest side of Hanover Drive from Windsor Drive to Croydon Street during school hours; providing a repealer clause, providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance, providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton, and providing for an effective date. The Traffic Safety Commission recommends Option 1 (5-0). Ordinance No. 18-1277 D. ID 18-1277 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through National Joint Powers Alliance Cooperative Purchasing Network Contract # 032515 for the purchase of a Caterpillar Inc. Model 836K refuse compactor for the City of Denton Solid Waste Department; authorizing the City of Denton City Council Minutes August 14, 2018 Page 5 expenditure of funds therefor; and declaring an effective date (File 6869- awarded to B.D. Holt CO. dba Holt Texas, Ltd., in the not-to-exceed amount of $1,031,787.07). Ordinance No. 18-1312 F. ID 18-1312 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 521-16 for the acquisition of six (6) Peterbilt refuse collection trucks Model 520 for the City of Denton Solid Waste Department; providing for the expenditure of funds therefor; and providing an effective date (File 6866- awarded to Rush Truck Centers of Texas, L.P. in the amount of $1,826,172). Item E was considered. Ordinance No. 18-1347 E. ID 18-1347 Consider adoption of an ordinance of the City of Denton, Texas approving a City sponsorship in an amount not to exceed $1,000 of in-kind services and resources for the North Texas State Fair Association’s (NTFA) North Texas Fair & Rodeo to be held between the dates of Friday, August 17, 2018 to Sunday, August 25, 2018; and providing an effective date. Assistant City Manager Canizares presented the changes in the revised ordinance from the ordinance submitted in the agenda backup. Council discussed doing in-kind services for organizations which made money last year and not doing it for neighborhood organizations who wanted a block party. Council Member Hudspeth motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. 2.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 18-1252 A. ID 18-1252 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute an Advance Funding Agreement (AFA) in the amount of $6,864,979.98, by and between the State of Texas, acting through the Texas Department of Transportation (the "State") and the City of Denton (the "City"), regarding water and wastewater improvements associated with the US 377 (Ft Worth Drive) roadway widening project. The City will make two incremental payments to the State. The first payment will be upon full execution of the AFA and will be in the amount of $3,864,979.98. The second payment will be in the amount of $3,000,000.00 after receiving additional RTR funds from NCTCOG in the amount of $3,000,000.00. City of Denton City Council Minutes August 14, 2018 Page 6 Chad Allen, Deputy City Engineer, presented the staff information on the funding agreement. He noted the project overview in terms of the city scope of work; parameters of the advance funding agreement; TxDOT bid results; and staff recommendation. Council Member Hudspeth motioned, Council Member Armintor seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. 3. PUBLIC HEARINGS Note – Council considered this item at 6:30 p.m. due to the time posted in the public notice. A. ID 18-1295 Hold a public hearing on a proposal to adopt a tax rate of $0.620477 with a maximum allowable rate of $0.637856 per $100 valuation, which will not exceed the lower of the effective or rollback tax rate. Tony Puente, Director of Finance, presented staff information on the public hearing for the proposed tax rate. He noted the property values and tax rate including the proposed tax rate, effective tax rate, rollback tax rate, maximum tax rate plus the certified taxable value. He reviewed the General Fund Revenue proposed budget and proposed General Fund expenditures by category and the Capital Improvement funding requests funded in FY 2017-18, Phase 1. Next steps in the process were reviewed. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. No action was needed on this item at this time. 4. 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 City of Denton City Council Minutes August 14, 2018 Page 7 imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda Council Member Briggs requested a discussion on the parks fee ordinance. Council Member Hudspeth requested information on making Frame Street behind the Police Department a dead end without affecting the neighbors in the area. Council Member Armintor requested a staff report on the in-house designer to help with a design committee on shelter solutions and transitional options for housing for the homeless. B. Possible Continuation of Closed Meeting topics, above posted. There was no continuation of the Closed Meeting With no further business, the meeting was adjourned at 6:45 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 21, 2018 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 21, 2018 at 12:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Hudspeth, Council Member Briggs, Council Member Duff, Mayor Pro Tem Ryan, Council Member Armintor, and Council Member Meltzer ABSENT: Mayor Watts 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for August 21, 2018. Staff responded to Council’s requests for clarification on the following items: Council Member Briggs - pull Consent Agenda Items B and G for separate consideration; Item I, Item Q; Item S Council Member Armintor - pull Consent Agenda Items A and B for separate consideration Council Member Meltzer – Item R 3. Work Session Reports A. ID 18-1322 Presentation by George Morrow, DME General Manager, recognizing the outstanding accomplishments of Denton Municipal Electric’s Lineman Rodeo Team at the 2018 Texas Lineman’s Rodeo. George Morrow, DME General Manager, presented the outstanding accomplishments of the Denton Municipal Electric's Lineman Rodeo Team at the 2018 Texas Lineman's Rodeo. B. ID 18-1380 Receive a presentation from attorney Richard Hayes, hold a discussion and give Staff direction regarding the rules of parliamentary procedure for conducting City Council meetings. Richard Hayes presented information on rules of parliamentary procedure for conducting City Council meetings. He noted the definition of parliamentary procedure; history of parliamentary procedure; rules of an assembly; participation in an effective meeting such as an organization notebook; definitions of various parts of the meeting; rules of speaking; how to handle a motion; obtaining the floor; bringing the motion before the Assembly; methods of voting; types of motions; and how to find out more information on parliamentary procedure. Council discussed the uses of the various types of motions and types of unfinished business. Mayor Pro Tem Ryan announced that Consent Agenda Item F would be postponed until the next meeting per a request from Mayor Watts who was not present at the meeting. City of Denton City Council Minutes August 21, 2018 Page 2 Council discussed the request to postpone the item with the consensus being to postpone the item th to the August 28 meeting. C. ID 18-1111 Receive a report, hold a discussion, and give staff direction regarding the draft annual report of oil and gas well inspection activities conducted by Modern Geosciences. Ken Tramm, Modern Geosciences, presented the draft annual report of oil and gas well inspection activities. He noted updates to the City program, near equipment criteria inspections; fence line criteria inspections; contingency sampling/monitoring; and a clear format report. Council discussed the posting of the testing results on the city's website and ways citizens could file a complaint regarding a gas well concern. Tramm continued with GIS database 2018 results for trend/tracking going forward; the summary report with noted action items; and next steps in the process. Council discussed: The steps in the process for the inspections Consider having the firm inspect the DEC on a regular basis Magnitude of the leaks that were found Post-production inspections D. ID 18-1199 Receive a report; hold a discussion, and give staff direction regarding an overview of the Gas Well inspections division’s goals and accomplishments, process improvements, and budget in preparation for the FY 2018-19 Proposed Budget. Kenny Banks, General Manager of Utilities, presented the budget information for the gas well inspection division. He noted gas well inspections accomplishments; goals; revenues/ expenditures; gas well inspections comparison of expenses with contract; inspection frequency comparison; costs to compete with near monitoring and fence line monitoring; contingency sampling; summary of initial and annual costs; and how Council wished to proceed with a future contract. Council discussion included: Continue with both an external contract and internal employee Maintain the current contract Ways to address any concerns regarding wells in the vicinity of schools The internal employee could also work with community involvement Put information on the website detailing the outside contract for public information E. ID 18-1314 Receive a report, hold a discussion, and give staff direction regarding the FY 2018-19 City Manager’s Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Tony Puente, Director of Finance, presented the budget update for this item. He noted Electric GreenSense Incentive Program proposed changes, the Electric fund budget and forecast update City of Denton City Council Minutes August 21, 2018 Page 3 and next steps. In terms of the Electric GreenSense Incentive Program, he presented information on proposed changes for do-it-yourself weatherization supplies, a graduated rebate instead of the flat rebate; and other minor revisions. Council discussed: Consider increasing the amount that was covered by the total project cost Consider solar rollover credits Any possible zoning issues that might prohibit the installation of solar panels Consider the use of the funding by commercial projects which could use all the funds in a large project Council Member Hudspeth requested Council suggestions on proposals for funding homeless initiatives as part of the budget discussion instead of making proposals without consideration of funding. Puente continued with the DME proforma for the proposed 2018-19 fiscal year with both the DEC and non-DEC revenues. He also presented information on DEC and non-DEC expenditures. Council discussion included where in the budget the associated rate decrease was with the DEC coming into operation and possible energy cost adjustments. Puente presented a DME proforma with no TMPA debt payoff in terms of non-DEC expenditures and with DEC expenditures. The next steps in the budget process were noted. Council discussed the number of budget amendments made during a fiscal year and that the budget could be adjusted during the year for projects not initially included in the budget. F. ID 18-1352 Receive a report, hold a discussion, and give staff direction regarding homelessness initiatives and the proposed Denton Basic Services Center project made at the August 7, 2018 City Council meeting during Presentations from Members of the Public. This item was not considered. G. ID 18-1343 Receive a report, hold a discussion, and give staff direction regarding the Board of Ethics’ rules of procedure. Alan Bojorquez reviewed the proposed Board of Ethics rules of procedures. He noted the sections of the procedures in terms of: Confidentiality Ex parte communications Meetings Advisory opinions Preliminary assessments Hearings in terms of preliminary hearings Evidentiary hearings Scheduling/calling a hearing Deadlines in the schedule Authority of the Chair Situations for recusals Evidence and witness procedures Subpoena powers Witness testimony Legal representation Executive Session Determinations Alternate members. City of Denton City Council Minutes August 21, 2018 Page 4 Council discussion included: Stamping documents as confidential How an advisory opinion would be presented Whether there was a discussion of providing the rules to the complainant Whether there was a discussion on rules of evidence and the applicability of that information Whether there was consideration of redactions of non-applicable information The Ethics Board should meet on a regular basis even if there were no complaints Regular Meeting of the City of Denton City Council at 6:30 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. ID 18-1317 International Overdose Awareness Day Mayor Pro Tem Ryan presented the proclamation for International Overdose Awareness Day. B. ID 18-1318 Live United Month Mayor Pro Tem Ryan presented the proclamation for Live United Month. C. ID 18-1319 National Payroll Week Mayor Pro Tem Ryan presented the proclamation for National Payroll Week. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. 1. ID 18-1365 Anyah Martinez regarding an update for Explorium Denton Children’s Museum. Ms. Martinez presented an update on the Explorium Denton Children's Museum. She noted the background information on the Museum and the process of establishing the Museum as well as the on-location programs they provided. Council discussed how the community could help and the needs for the Museum. It was also noted that the Museum started with the Denton Community Market. City of Denton City Council Minutes August 21, 2018 Page 5 C. Additional Citizen Reports Willie Hudspeth noted the number of items on the Consent Agenda and the fact that the Council as a whole had not made a statement regarding the Confederate statue on the Square. He presented information regarding the Reggie Dee Foundation Walk for Unity. 4.CONSENT AGENDA Council Member Briggs motioned, Council Member Meltzer seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item A, B and G to be considered individually. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. Ordinance No. 18-1185 C. ID 18-1185 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Cumberland Presbyterian Children’s Home for expenses related to providing residential care; providing for the expenditure of funds therefor; and providing for an effective date. ($100) Ordinance No. 18-1186 D. ID 18-1186 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Explorium Denton for expenses related to operating the museum; providing for the expenditure of funds therefor; and providing for an effective date. ($100) Ordinance No. 18-1187 E. ID 18-1187 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Sasser Nation for Scholarships; providing for the expenditure of funds therefor; and providing for an effective date. ($100) Resolution No. R19-1189 F. ID 18-1189 Consider approval of a resolution of the City Council of the City of Denton requesting the Texas Department of Transportation advance the construction of the north bound service road as the first phase of facilitating the West Loop 288 Project from Interstate 35W to Interstate 35N; and providing an effective date. Ordinance No. 18-1234 H. ID 18-1234 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Garver, LLC for design and bid phase services for the Lake Lewisville Water Treatment Plant filter backwash and sedimentation basin wash-down residuals dewatering facility as set forth in the agreement; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590- 025- Professional Services Agreement for design and bid phase services awarded to City of Denton City Council Minutes August 21, 2018 Page 6 Garver, LLC, in the not-to-exceed amount of $520,920). The Public Utilities Board recommends approval (6-0). Ordinance No. Z17-0032c I. Z17-0032c Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tunc, correcting an inadvertent mistake in Ordinance No. Z17-0032b specifically its amendment of a rezoning from Neighborhood Residential 6 (NR-6) zoning district and land use classification to a Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district and land use classification with a mixed use protection overlay on approximately 8.887 acres of land generally located on the southwest side of Colorado Boulevard, approx. 315 feet northwest of San Jacinto Boulevard in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a severability clause; and providing an effective date. (Z17-0032, Colorado Townhouses, Cindy Jackson) Ordinance No. 18-1274 J. ID 18-1274 Consider adoption of an ordinance of the City of Denton, approving a City sponsorship for the 2018 Denton Community Market’s Pawsitive Vibes event in Denton, TX on September 2, 2018, providing for the expenditure of funds in the total amount of $3,000; and providing for an effective date. Ordinance No. 18-1279 K. ID 18-1279 Consider adoption of an ordinance of the City of Denton, approving a City sponsorship for the 2018 Denton Black Chamber of Commerce’s Denton Blues Festival in Denton, TX from September 14, 2018 through September 16, 2018; providing for the expenditure of funds in the total amount of $3,000; and providing for an effective date. Resolution No. R18-1280 L. ID 18-1280 Consider approval of a resolution allowing the Denton Black Chamber of Commerce to sell alcoholic beverages for the Denton Blues Festival, Saturday, September 15, through Sunday, September 16, 2018, at Quakertown Park 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). Ordinance No. 18-1281 M. ID 18-1281 Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Blues Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Friday, September 14, from 8 a.m. to 11 p.m.; Saturday, September 15, from noon to 11 p.m.; and Sunday, September 16, 2018, from 10 a.m. to 10 p.m. at Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. City of Denton City Council Minutes August 21, 2018 Page 7 Ordinance No. 18-1282 N. ID 18-1282 Consider adoption of an ordinance of the City of Denton, Texas, approving a City sponsorship in an amount not to exceed $16,150 of in-kind services and resources for the Denton Blues Festival on Friday, September 14, through Sunday, September 16, 2018, at Quakertown Park; and providing an effective date. Ordinance No. 18-1301 O. ID 18-1301 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Hazen and Sawyer, P.C., amending the contract approved by City Council on January 6, 2015, in the not-to-exceed amount of $136,017, amended by Amendments 1 and 2 approved by the Purchasing Manager and City Council, said third amendment to provide additional Pecan Creek Water Reclamation Plant process modeling to evaluate and model process upgrade technologies, and develop cost estimates for possible capacity expansion of the Pecan Creek Water Reclamation Plant; providing for the expenditure of funds therefor; and providing an effective date (File 5718 - providing for an additional third amendment expenditure amount not-to-exceed $88,984, with a total contract amount not-to-exceed $371,159). The Public Utilities Board recommends approval (6-0). Ordinance No. 18-1307 P. ID 18-1307 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the supply of electric utility tape for the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6768-awarded to Techline, Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $75,000 for all years). Ordinance No. 18-1308 Q. ID 18-1308 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a best value contract for the supply of private Property Maintenance with Weldon’s Lawn and Tree, LLC, for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFBBV 6786- awarded to Weldon’s Lawn and Tree, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions not-to-exceed amount of $165,000). Ordinance No. 18-1355 R. ID 18-1355 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a service contract between the City of Denton and Labor Finders, for temporary labor services for various City of Denton departments, amending the contract approved by Council on October 21, 2014, in the amount of $1,400,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5556- providing for an additional expenditure amount of not-to-exceed $350,000 for a total contract amount not-to-exceed $1,750,000). City of Denton City Council Minutes August 21, 2018 Page 8 Ordinance No. 18-1364 S. ID 18-1364 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc., for engineering services related to the review of development projects for the City of Denton, amending the contract approved by the City Manager on June 7, 2018, in the amount of $95,000; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-020- providing for an additional expenditure amount not-to-exceed $32,000 for a total contract amount not-to-exceed $127,000). Council considered the items pulled for separate consideration. Ordinance No. 18-815 A. ID 18-815 Consider adoption of an Ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Confidentiality Agreement between the City and TrailStone Power LLC. ("TrailStone"); providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (6-0). George Morrow, DME General Manager, spoke regarding the confidentiality agreement with TrailStone Power noting the background information about the agreement. He explained the reason for the confidentiality agreement. Council Member Hudspeth motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. B. ID 18-920 Consider adoption of an ordinance of the City Council of the City of Denton, a Texas home-rule municipal corporation, providing for, authorizing, and approving the execution by the City Manager or his designee, of a base contract for sale and purchase of natural gas between the City of Denton and Tenaska Marketing Ventures, a partnership; approving the execution of such other and further related documents deemed necessary to effectuate the transactions allowed under this agreement by the City Manager or his designee; determining that specific information contained in documents involved in this transaction pertain to a "competitive electric matter" as set forth under the provisions of §§551.086 and 552.133 of the Texas Government Code, as amended; allowing the public to inspect, but not reproduce, the base Contract as redacted; providing an effective date. The Public Utilities Board recommends approval (6-0). This item was not considered. Ordinance No. 18-1218 G. ID 18-1218 Consider adoption of an ordinance authorizing the City Manager, or his designee, to execute an amendment to the Transmission Operator, Maintenance, and City of Denton City Council Minutes August 21, 2018 Page 9 Construction Services Agreement ("Agreement") between the City of Denton ("City") and the Texas Municipal Power Agency ("TMPA") that extends the term of the existing agreement by two years to September 1, 2020; authorizing the expenditure of funds; and providing an effective date. The Public Utilities Board recommends approval (6-0). George Morrow, DME General Manager, presented the information on the amendment agreement. He noted the background information which was a two year extension amendment to the agreement. The Public Utilities Board recommended approval as well as staff. Council Member Hudspeth motioned, Council Member Meltzer seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. A18-001e A. A18-0001e Conduct the second of two readings, and consider adoption of an ordinance of the City of Denton for a voluntary annexation of approximately 47.466 acres of land generally located on the south side of E. Ryan Road, east of the intersection of E. Ryan Road and Andrew Avenue by the City of Denton, Texas. Cindy Jackson, Development Services, presented the staff report on the voluntary annexation. She noted this was the second of two public hearings and consideration of the ordinance approving the voluntary annexation. She indicated the background information for the proposal and read the ordinance caption into the record. Council Member Briggs motioned, Council Member Hudspeth seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. B. ID 18-1158 Consider nominations/appointments to the City’s Economic Development Partnership Board. Caroline Booth, Director of Economic Development, presented the slate of nominees for Council consideration. She noted the background information concerning the categories for the nominees, terms of office, the nominating process, and the slate of nominees. Council Member Meltzer motioned, Council Member Briggs seconded to approve the slate of nominees as presented. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. City of Denton City Council Minutes August 21, 2018 Page 10 C. ID 18-1177 Consider approval of a resolution for the appointment of one member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. Rachel Wood, Assistant to the City Manager, presented the information concerning the appointment of a member to the Board of Managers for Denco Area 9-1-1. The term for the current member, Jim Carter, was up for renewal. Council had previously nominated Linda Hapeman; however, Ms. Hapeman had withdrawn her name from consideration. Council Member Hudspeth motioned, Council Member Briggs seconded to approve the appointment of Jim Carter. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. Ordinance No. 18-1231 D. ID 18-1231 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager or his designee to execute a contract for the purchase of Radio System hardware, to include products and services, and support and maintenance for the City of Denton, which is available from Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Contract # RA05-18 and in accordance with the provisions of Texas Local Government Code 271.083, providing the statutory authority for the city to participate in the Cooperative Purchasing Program; providing for the expenditure of funds therefor; and providing an effective date (File 6832- awarded to Motorola Solutions, Inc., in the five (5) year not-to-exceed amount of $7,713,284). Melissa Kraft, Chief Technology Officer, presented the background information on the purchase of the radio system hardware including the present issues with the system, key points, benefits of the new system, projected cost estimates, and financial information. Council discussed: The projected cost estimates Warranty updates after the initial warranty period Funding plan for the issuance of the COs for the system Background on the selection of Motorola as the vendor The system was more modern than the current system Council Member Armintor motioned, Council Member Briggs seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. E. ID 18-1305 Consider nominations/appointments to the City’s Boards and Commissions: Health & Building Standards Commission; Historic Landmark Commission; Library Board; Traffic Safety Commission; Zoning Board of Adjustment; City Hall West Steering Committee; Oak Gateway Area Plan Steering Committee; and Downtown Denton TIF Reinvestment Zone No. 1 Board. City of Denton City Council Minutes August 21, 2018 Page 11 Jennifer Walters, City Secretary, presented the proposed nominees for the general boards and commissions. Council Member Hudspeth motioned, Council Member Meltzer seconded to approve those nominations. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. Jennifer Walters, City Secretary, reviewed the nominations to the City Hall West Steering Committee. Council Member Hudspeth motioned, Council Member Armintor seconded to approve the nominations to the City Hall West Steering Committee. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. Jennifer Walters, City Secretary, presented the proposed nominations for the Oak Gateway Area Plan Steering Committee. Council discussed the makeup of the committee and the reasoning for a position of someone from the development community on the committee. Willie Hudspeth spoke regarding the makeup of the committee in terms of the development community position. Mayor Pro Tem Ryan expressed a concern for placing an individual on a board who was currently on the ballot for the November election. Council discussed the issue for appointing an individual to a board when currently running for office. Council Member Hudspeth motioned, Council Member Armintor seconded to approve the nominations as noted. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Mayor Pro Tem Ryan "nay". Motion carried with a 5-1 vote. Jennifer Walters, City Secretary, presented the list of nominations for the Downtown Denton TIF Reinvestment Zone No. One Board. Council Member Meltzer questioned the membership for one of the positions which he felt should be a council member. After discussion regarding the makeup of the Board, Council Member Meltzer motioned, Council th Member Briggs seconded to postpone consideration of the item to the August 28 Council meeting. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. City of Denton City Council Minutes August 21, 2018 Page 12 6. PUBLIC HEARINGS Ordinance No. PDA18-0004a A. PDA18-0004a Hold a public hearing and consider adoption of an ordinance regarding a Detail Plan for Planned Development 176 (PD-176) District to depict an auto laundry facility on approximately 2.13 acres. The property is generally located on the west side of North FM 2499, approximately 760 feet north of Hickory Creek Road 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. (PDA18-0004a, Clean and Green Car Wash, Hayley Zagurski). Hayley Zagurski, Development Services, presented the staff information for the proposal. She noted the zoning analysis, concept plan, detail plan for setbacks, landscape, elevations, criteria analysis for approval, notification of area residents, and the Planning and Zoning Commission recommendation with conditions. She indicated that the Council would be only considering the site design, landscape plan and elevation of the proposal. The Mayor Pro Tem opened the public hearing. Council Member Armintor noted that she was not in favor of the proposal. Council Member Hudspeth noted that the Council’s consideration at this meeting was the site design, landscape and elevation and not the use of the property. Council Member Meltzer noted that the future land use map did not show commercial in this area. Zagurski stated that it was not a consideration for this case as the use was already approved at this location. The following individuals spoke during the public hearing: Josh Boscher-applicant-spoke in favor and asked Council to consider amending the height of the retaining wall from 8 feet to 6 feet and to remove the noted hours of operation. Council discussed: The number of estimated cars through a similar facility Possible alternatives for the 8 foot retaining wall or alternative materials for the wall Purpose of the retaining wall Consideration of a variance for the retaining wall Tom Brandt, 6600 Hayling Way, Denton – opposed Council Member Meltzer questioned if the Council could only consider those aspects as noted for site design, landscape and elevation. City of Denton City Council Minutes August 21, 2018 Page 13 City Attorney Leal noted that the criteria in the Development Code allowed for Council to impose certain conditions such as added setbacks, etc. However, the Planned Development controlled the zoning. Council discussed the four criteria of analysis of the proposal. Stephen Shannon, 319 W. Oak, Denton – spoke in favor David Furr, 6500 Longleaf Lane, Denton, 76210 – spoke in opposition Rose Brandt, 6600 Hayling Way, Denton – spoke in opposition Nathan Toone – spoke in favor Willie Hudspeth, 623 Newton, Denton – spoke in favor Council discussion included: Compatibility of the proposal with the neighborhood Height of the tower of the proposal and whether the height could be lowered Placement of the vacuums Hours of operation Consequences of a tie vote The Mayor Pro Tem closed the public hearing. Council Member Hudspeth felt that the proposed site plan was compatible with the land uses and did not adversely affect the neighborhood. The Council’s consideration of this item was not whether the car wash should be an allowed use but rather the compatibility of the site plan in the neighborhood, the landscape plan and the elevation. Council Member Hudspeth motioned to adopt the ordinance with the following changes: include conditions #1 and #2, amend the 8 foot high wall to 6 feet; strike masonry from the materials for the wall; eliminate #4 and include #5. Council Member Duff seconded the motion. Council Member Armintor stated that she was able to vote on the compatibility of the proposal and felt it was not compatible with the neighborhood. Council Member Meltzer stated that it was not a traffic issue and not a crime concern. Commercial was allowed by law at the site but his objection was compatibility. Council Member Briggs stated that she was not comfortable with the motion as made due to the elimination of the hours of operation and felt that the 8 foot fence was necessary which was also a problem with the motion. Mayor Pro Tem Ryan felt that the noise was not an issue nor the height of the wall. He expressed a desire to have the hours of operation included as a condition. Council Member Hudspeth amended his motion to include the hours of operation. Council Member Duff approved that amendment to his second. Council Member Briggs noted that she still had a concern regarding the height of the wall. City of Denton City Council Minutes August 21, 2018 Page 14 Council Member Hudspeth amended his motion a second time to include all five conditions as noted. Council Member Duff approved that second amendment to his second of the motion. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", and Mayor Pro Tem Ryan "aye". Council Member Armintor "nay", and Council Member Meltzer "nay". Motion carried with 4-2 vote. Ordinance No. Z18-0009a B. Z18-0009a Hold a public hearing and consider adoption of an ordinance for an initial zoning of Regional Center Residential 1 (RCR-1) District on approximately 15.06 acres. The property is generally located on the north side of Edwards Road, approximately 850 feet east of South Mayhill Road, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 4-0 to approve the request. (Z18-0009a, Mayhill-Edwards, Julie Wyatt). The Mayor Pro Tem opened the public hearing. Julie Wyatt, Development Services, presented background information on the proposed request, location of the proposal, criteria for approval, mobility, analysis of compatibility, public notification and recommendation from the Planning and Zoning Commission as well as staff. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. Council Member Meltzer motioned, Council Member Armintor seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. Ordinance No. Z18-0012b C. Z18-0012b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from Neighborhood Residential Mixed Use (NRMU) to Community Mixed Use General (CM-G) District on an approximately 0.744 acre lot, the subject site is generally located on the southwest corner of the intersection of E. University Drive and Loop 288, in the City of Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommended 6-0 to approve this request. (Z18- 0012, Victory Addition, Sean Jacobson) The Mayor Pro Tem opened the public hearing. City of Denton City Council Minutes August 21, 2018 Page 15 Richard Cannone, Development Services, presented the staff report for the rezoning of the property for a convenience store and gas station. He reviewed the criteria for approval, public facilities in the area, public notification, and the recommendation from the Planning and Zoning Commission. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. Council Member Briggs motioned, Council Member Meltzer seconded to adopt the ordinance On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. Ordinance No. Z18-0007c D. Z18-0007c Hold a public hearing and consider an ordinance of the City of Denton, Texas, regarding the assignment of an initial zoning classification of Neighborhood Residential 2 (NR-2) zoning district and use classification on a parcel of land containing approximately 1.0 acre of land generally located on the north side of Miller Road, approximately 460 feet east of the intersection of N. Masch Branch Road and Miller Road, in the City of Denton, Denton County, Texas; adopting an amendment to the city’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (4-0). (Z18-0007, Little Brook Estates, Cindy Jackson) The Mayor Pro Tem opened the public hearing. Richard Cannone, Development Services, presented the staff report for the proposed zoning. He reviewed the background of the proposal, criteria for approval, public facilities, public notifications and recommendation from the Planning and Zoning Commission and staff. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. Council Member Briggs motioned, Council Member Armintor seconded to adopt the ordinance. On roll call vote, Council Member Hudspeth "aye", Council Member Briggs "aye", Council Member Duff "aye", Mayor Pro Tem Ryan "aye", Council Member Armintor "aye", and Council Member Meltzer "aye". Motion carried unanimously. 7. 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 City of Denton City Council Minutes August 21, 2018 Page 16 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 Briggs Report on hands free citations including the demographics of citations Work Session the types of traffic calming devices Report from the Interim Police Chief regarding drug use and types of drugs in the city Consider providing a list of background friendly and rent friendly residences on the city’s webpage DEC emissions report did not include CO2 or the equivalent-add that to the next report and provide a reason why it was left off the last report Discussion on the bulk item fee Council Member Armintor Work Session discussion on a Council statement regarding the Confederate monument on the Square Reconsideration of the Top 20 tax payer category on EDP Board Council Member Meltzer Work Session on an update on the Shelter Task Force progress Council Member Hudspeth Include in the Friday report a reminder of the schedule for the new police chief selection Include in the Friday report the process of bringing up employee issues Make available a video copy of Mr. Hayes’ presentation With no further business, the meeting was adjourned at 10:35 p.m. __________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1452,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing andapprovingtheCityManager,orhisdesignee,toexpendfundstotheDentonCountyFriendsoftheFamily, asacontractualconsultant,intheamountof$39,395.00undertheDomesticandSexualViolenceInitiative Grant(GrantNo.2016-VF-GX-K024)fromtheInternationalAssociationofChiefsofPolice(IACP),withsaid expenditurebeingadministeredbytheCityofDentonforpreventionofdomesticandsexualviolence,fora period from January 1, 2018 through September 30, 2019; and providing an effective date. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: POLICE CM/ DCM/ ACM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing and approving the City Manager, or his designee, to expend funds to the Denton County Friends of the Family, as a contractual consultant, in the amount of $39,395.00 under the Domestic and Sexual Violence Initiative Grant (Grant No. 2016-VF-GX-K024) from the International Association of Chiefs of Police (IACP), with said expenditure being administered by the City of Denton for prevention of domestic and sexual violence, for a period from January 1, 2018 through September 30, 2019; and providing an effective date. BACKGROUND The Domestic and Sexual Violence Initiative Grant is a sub recipient program administered by the International Association Chiefs of Police with funds awarded from the US Department of Justice. The grant is designed to improve the victim centered responses from the Denton Police Department with respect to domestic violence and sexual violence. As part of the grant application requirements, the Department must select a community agency to partner with. The Department chose Denton County Friends of the Family (FoF). FoF will be our primary community based advocate. The majority of victims of domestic violence or sexual violence, receive advocate services from FoF. Some of the funds awarded to the Denton Police Department will be disbursed to FoF to use for training and funding of staff positions. FoF currently provides an advocate two days a week to the Denton Police Department to assist with high risk family violence cases. FoF also provides significant legal services to victims of cases investigated by the Department. Legal services include help securing protective orders, child custody modifications, and divorce. FoF also operates the only shelter in Denton County available to victims of domestic and sexual violence. RECOMMENDATION Staff recommends the Council approve this ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 28, 2018, council approved a resolution accepting the Domestic and Sexual Violence Initiative Grant in the amount of $450,000. FISCAL INFORMATION Of the $450,000 grant, $39,395 will be awarded to Friends of the Family in 19 equal monthly installments. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.1 Enhance public safety in the community EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Exhibit 3: Denton County Friends of the Family Sub Recipient Contract Respectfully submitted: Bobby D. Smith, Jr. Interim Chief of Police Prepared by: Chris Summitt Deputy Chief City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-915,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceauthorizingadevelopmentagreementbetweentheCityofDentonand MarkerStoneRealtyPartnersI,LLCandMarkerStoneRealtyPartnersII,LLC;providingforacquisitionof necessarypropertyinterest,installmentofcriticalinfrastructure,andprovisionofelectricalservices; authorizingtheCityManagertoexecutetheagreement,andprovidingforaneffectivedate.(EversWayand Beall Way Additions) City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance authorizing a development agreement between the City of Denton and Marker Stone Realty Partners I, LLC and Marker Stone Realty Partners II, LLC; providing for acquisition of necessary property interest, installment of critical infrastructure, and provision of electrical services; authorizing the City Manager to execute the agreement, and providing for an effective date. (Evers Way and Beall Way Additions) EXECUTIVE SUMMARY The development agreement between the City of Denton and Marker Stone Realty Partners I, LLC and Marker Stone Realty Partners II, LLC is related to multiple public infrastructure improvements located west of North Locust Street in the vicinity of the Denton North Substation. These public infrastructure improvements include the following: Streets: o Construction by the Developer of West Hercules Lane from North Locust Street to its current terminus at Meadowtrail Lane. o Dedication by the Developer of Beall Way from its current end point west of North Locust Street to the westward boundary of the Beall Way Addition and reimbursement of a wider right of way. Beall Way will have 60 feet of right-way as opposed to the minimum required Staff recommends acquiring the additional right of way today should the City ever need to expand Beall Way. Additionally, it is important to note that the alignment of Beall Way was modified with the Beall Way Addition plat such that the full width of the roadway will be constructed at one time rather than only the half of the roadway adjoining the subject property. Conveyance of a 0.828-acre lot within the Beall Way Addition to DME for the future expansion of the Denton North Substation. DME will purchase the lot at the appraised value of $1.0546/square foot. Relocation by DME of existing distribution lines into th Construction and installation by DME and the City of a storm drainage system along the southern side of the Denton North substation prior to the construction of West Hercules Lane. The Developer will be credited their Roadway Impact Fees up to $760,000 for the construction of all public improvements for West Hercules Lane and the extra right of way along Beall Way. The City is to pay any excess costs. BACKGROUND The proposed public improvements are associated with two single-family subdivisions, Evers Way and Beall Way. A vicinity map is provided in Exhibit 2, and the plats of both subdivisions are provided as Exhibits 3 and 4, respectively. The Evers Way Addition includes approximately 36.02 acres of land located on the west side of North Locust Street south of West Hercules Lane. The property was originally intended to be Phase II of the McKamy Evers Estates but was never developed as such. In 2017 new plans for the property were submitted as Evers Way Addition. A preliminary plat of Evers Way was approved by the Planning and Zoning Commission in September of 2017, and a final plat was subsequently approved in December of 2017. To the north of Evers Way, Beall Way Addition is a single-family subdivision planned on approximately 54.5 acres of land located north West Hercules Lane and south of Beall Way. The plat for Beall Way included 45 acres of unplatted land as well as a replat of the La Hacienda Heights Phase I Addition that was originally platted in 2004 but was never built. The final replat for the Beall Way Addition was approved by the Planning and Zoning Commission in May of 2018. As part of the platting processes for these subdivisions the full right-of-way for the West Hercules Lane extension was dedicated by separate instrument and the full right-of-way for the westward extension of Beall Way was dedicated by plat. Civil engineering plans were also submitted and reviewed for all public improvements associated with the developments, including the construction of the balance of Hercules Lane from North Locust Street west to where it currently dead ends at the intersection of Meadowtrail Lane. The attached development agreement provides for the following components for acquisition of necessary property interest, installment of critical infrastructure, and provision of electrical services, and construction of the balance of West Hercules Lane: 5ĻǝĻƌƚƦĻƩ hĬƌźŭğƷźƚƓ /źƷǤ hĬƌźŭğƷźƚƓ Construct Hercules Lane* $ 628,000.00 Roadway Impact Fee $ 760,000.00 Park Dedication Fee υ 133,243.84 Additional ROW for Beall Way $ 29,664.00 0.828-ac Tract Purchase for DME $ 38,052.23 Storm Sewer Construction by City $ 300,000.00 Relocation of DME facilities $ 275,000.00 Roadway Impact Fee Credit** $ (760,000.00) ƚƷğƌ hĬƌźŭğƷźƚƓƭ υ АВЉͲВЉА͵БЍ υ ЏЊЌͲЉЎЋ͵ЋЌ *Based on current opinion of probable cost to construct Hercules Lane. **Roadway Impact Fee Credit assumes change orders and contingencies require maximum credit. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of the Development Agreement for the mutual benefit of the parties and the general public as it serves a municipal and public purpose and is in the public interest. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.2 Seek solutions to mobility demands and enhance connectivity EXHIBITS 1. Agenda Information Sheet 2. Vicinity Map 3. Evers Way Final Plat 4. Beall Way Final Replat 5. Ordinance and Development Agreement 6. Presentation Respectfully submitted: Scott McDonald, CBO Director of Development Services Prepared by: Richard Cannone, AICP Interim Planning Director Hercules Lane Development Agreement Vicinity Map ! ( HERCULES MEADOWEDGE 0125250500 Feet Beall Way AdditionParcels µ Evers Way AdditionRoads Beall Way ExtensionHercules Ln Extension Date: 5/29/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. EXHIBIT "A" City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1159,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceapprovinganagreementbetweentheCityofDenton,Texas,andtheDenton Chamber of Commerce regarding an economic development partnership; and providing an effective date. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CM/ DCM/ ACM: Bryan Langley DATE: Sept. 11, 2018 SUBJECT Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an economic development partnership; and providing an effective date. BACKGROUND The City Council and the Denton Chamber of Commerce first entered into an economic development partnership agreement in 1986. s dollars and provides for the administration and operation budget of the Chamber of Commerce Economic Development that includes: Prospect generation activities Marketing activities, i.e. trade shows, publishing/printing, website(s) administration, marketing materials Economic Development Partnership Board support Small Business Development Center support In Fiscal Year 2017-18, the agreement between the City and the Chamber was significantly different from prior years specific goals, deliverables, and metrics for of Economic Development, along with enhanced clauses regarding financial reporting, insurance requirements, and indemnity. To date in FY17-18, the Chamber has met or exceeded the terms of the agreement. The FY18-19 draft agreement fol changes: The addition of shared strategic initiatives o Increasing the percentage of jobs paying $75,000 or more annually from 10 to 14% by 2021 o Increasing the percentage of jobs paying $25,000 or more annually from 68 to 71% by 2021 o Increasing the percentage of business owners rating Denton as a good place to do business from 60 to 70% by 2021 Revision of goals related to website and social media marketing o Increase DentonEDP.com page views by 10% over FY17-18 o Increase unique users on DentonEDP.com by 10% over FY17-18 o Increase social media engagement on Facebook, LinkedIn, and Twitter by 5% over FY17- 18 Addition of a goal for new contacts at marketing events and reporting of those contacts o Establish an average of three new contacts per marketing event and specifically designate those contacts in monthly reports to the City Increase in number of site visits from target industry companies o Seven site visits in FY18-19 Addition of a duty to enga through the Denton Economic Development Partnership investor program and associated goals o Raise private sector funds of $75,000 o Increase number of investors by two over FY17-18 The draft agreement was reviewed by Chamber staff and Board leadership; no changes were requested by the Chamber. EDP Board reviewed and did not suggest changes. During an August 28 work session, Council directed staff to proceed with the draft contract as presented. Staff will also be working to develop return-on- Chamber based on FY 17-18 data collected. PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 28, 2018 Staff presented a work session on the Denton Economic Development Partnership agreement to the City Council August 8, 2018 Staff presented a work session on the Denton Economic Development Partnership agreement to the Economic Development Partnership Board June 19, 2018 The Denton Chamber of Commerce presented its funding request to the City Council. FISCAL INFORMATION The Denton Chamber of Commerce has requested funding from the City of Denton in the amount of $238,836 for economic development efforts in FY 2018-19. During the August 28, 2018, work session, Councilmembers discussed whether funding should be divided evenly at $47,767 each among the General Fund and the Electric, Water, Wastewater, and Solid Waste Administration Funds or if it should all come from the General Fund. A final decision will be made by Council during budget deliberations. OPTIONS 1) Renew agreement as presented 2) Do not renew agreement RECOMMENDATION Staff recommends renewal of the agreement as presented. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 2018-19 redline Chamber of Commerce Economic Development Ordinance and Contract Exhibit 3 2018-19 clean Chamber of Commerce Economic Development Ordinance and Contract Exhibit 4 Presentation Respectfully submitted: Caroline Booth Director of Economic Development ORDINANCE NO. _____________________ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE DENTON CHAMBER OF COMMERCE REGARDINGANECONOMIC DEVELOPMENT PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton (City) deems it is in the public interest and serves a municipal and public purpose to enter into an agreement with the Denton Chamber of Commerce (Chamber) for the purpose of providing for a program to promote economic development through the joint effort of the parties hereto; WHEREAS, both the City and the Chamber following strategic initiatives: increasing the percentage of jobs paying $75,000 or more annually from 10 to 14 percent by 2021; increase the percentage of jobs paying $25,000 or more annually from 68 to 71 percent by 2021; and increasing the percentage of business owners rating Denton as a good place to do business from 60 to 70 percent by 2021; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. City Council finds that the Agreement betweenthe City of Denton and the Denton Chamber of Commerce serves a valid municipal and public purpose and is in the public interest. SECTION 2. The Agreement between the City of Denton and the Denton Chamber of Commerce attached hereto and made a part hereof by reference (the is hereby approved. The Mayor, or in his absence, the Mayor Pro Tem,is hereby authorized to executethe Agreement on behalf of the City of Denton. The City Manager is hereby authorized to carry out the rights and duties under the Agreementincluding authorization for theexpenditure of funds providedforin the Agreement. SECTION 3. This Ordinance shall become effective October 1, 20172018, upon its passage and approval. SECTION 4. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ -___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 5: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2018. __________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _________________________________ PASSED AND APPROVED this the _________ day or __________________, 2017. Formatted: Tab stops: 0.65", Left Formatted: Tab stops: 2.45", Left ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: ______________________________________ ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE development through the joint efforts of the parties hereto, who in consideration of the mutual promises, agree as follows: 1. During the term of this Agreement, the Chamber shall maintain an Office of Economic Development managed by the Vice President of Economic Development, who shall perform the duties of the office. 2. Duties of the Office.The Chamber shall: a. Develop an annual comprehensive Marketing Plan and produce print, digital, and promotional materials to market Denton to companies, site selectors, brokers, and developers. i. Goals: 1. Increase DentonEDP.com page views by 2010% over FY 20162017-1718; 2. Increase unique users on DentonEDP.com by 2010% over FY 20162017-1718; and 3. Collect baselineIncrease social media data engagement on Facebook, LinkedIn, and Twitter by 5% over FY 2017-2018to . ii. Deliverables: The Chamber must present the annual comprehensive Marketing Plan to the Economic Development Partnership Board in November following execution of this Agreement. The plan must include: 1. Strategies/timelines for print and digital ad buys; 2. A schedule for maintenance and updates to DentonEDP.com; 3. Social media (platforms used, type of content to be posted, and posting schedule; and 4. Planned marketing trips. iii. Metrics: The Chamber must Economic Development a: 1. Monthly Activity Report on DentonEDP.com, including a page view summary, top referral sources, and top keyword sources; 3 2. Monthly Facebook Insights Summary Report, including page views, reach, and post engagements; 3. Monthly Twitter Activity Summary, including number of tweets and impressions; and 4. Quarterly LinkedIn Activity Report, including profile views within the prior 90 days, post views by month, and search appearances by week. b. Recruit prospectiv industry sectors of aviation/aerospace, advanced manufacturing, renewable energy, research and development, information technology, and supply chain logistics/distributionfor existing primary employers, and significant consumers of municipal utilities by conventions/business meetings/special events. i. Goal:Establish an average of three (3) new contacts per marketing event during FY2018-19. ii. Deliverables: The Chamber must Director of Economic Development detailing the prior trips. The Chamber will provide a fiscal year- marketing trips. iii. Metrics: The Chamber must Economic Development: 1. Monthly reports: expenditures per trip, names/organizations of direct contacts made by Chamber Economic Development staff (specifically designating new contacts made at each event), and follow up activities undertaken with each contact; and 2. Year-end reports: inquiries, leads, prospects, proposals, site visits, locations, etc., and to which marketing trip they relate. c. Serve as the point of contact and coordinate responses to leads originating from sources other than the Office of Economic Development and the Dallas Regional Chamber. i. Goals: 1. Forty-two (42) engagements or proposalslead responses; and 2. Site visits from six seven (67 target industry sectors (as listed in 2b of this Agreement). 4 ii. Deliverables: The Chamber must activity. iii. Metrics: The Chamber must provide in the report to the Director of Economic Development the following: Source of lead (including the name/contact information of the company, site selector, broker, or developer); company type; project name;site needs; capital investment; jobs created; whether a proposal was submitted; conversion of proposals into further requests for information, site visits, etc. d. Prepare monthly Chamber-only activity reports (excluding prospect responses by the City), including current year budget and actuals to date, for the Economic Development Partnership Board. i. Deliverables: The Chamber must provide the reports Director of Economic Development by close of business on the first Thursday of each month. e. Present an update/budget request to the Denton City Council annual budget process, and include the following with the request: i. Deliverables: The Chamber must provide in its request Performance measures; Prior year accomplishments, process improvements, and cost containment efforts; Goals for the coming fiscal year; Three prior fiscal year budgets and actuals; and The current year budget and actuals to date. f. Maintain memberships and involvement in economic development organizations and groups such asincluding, but not limited to, the International Economic Development Council, the Texas Economic Development Council, and Team Texas, and TexasOne. Formatted: Highlight g. Development. i. Deliverables: The Chamber must provide a Profit and Loss Budget Performance Statement on a quarterly basis, its annual audited financials, Formatted: Font: Formatted: Indent: Left: 1.5", No bullets or h. numbering Formatted the Denton Economic Development Partnership investor program, by which private sector funds are solicited by the Chamber and contributed in support of economic development activities. Formatted: Indent: Left: 1",No bullets or numbering 5 i. Goals: 1. Solicit and contribute private sector funds of at least $75,000. Formatted i.2. Increase total number of Denton Economic Development Partnership investors by two (2) over FY 2017-18 3. Support Services and Funding. The Chamber shall provide the office space, equipment, and support staff necessary to the operations of the Office. For Fiscal Year 20172018-1819, the Chamber shall solicit and contribute private sector funds of at least $7075,000 (as listed in 2h of this Agreement), and the City shall provide funding in the amount of one lump- sum of $238,836, which may be funded from the General Fund, Utilities Funds, or some combination thereof. The balance of any unused City funds shall be returned to the City at the end of the fiscal year. Any funds provided by the City pursuant to this Agreement shall be retained in an account separa for the purpose provided for in this Agreement. The Chamber and the Office shall keep current and accurate records of all funds received and expended, as well as deliverables and metrics specified herein, which shall be subject to inspection and audit by the City at all reasonable times.All such records shall be subject to the Texas Public Information Act, 4. Independent Status of Office. The Office shall be under the direct supervision and control of the Chamber and all personnel of the Office shall be considered employees or agents of the Chamber and not of the City. The Chamber shall be responsible for the processing of all benefits or payment liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and 5. Insurance. The Chamber shall maintain policies of insurance for the duration of the Agreement, as outlined in Attachment A, to protect against liability arising from the operation of the Office. The Chamber must provide a copy of the Certificate of Insurance showing the City added as an insured within a reasonable time of execution of this Agreement and each time there is a change in coverage or carrier, a copy must be provided to the City of Den 6. INDEMNITY. THE CHAMBER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, SUITS, OR LIABILITIES ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF THE CHAMBER, ITS OFFICERS, DIRECTORS, OFFICIALS, EMPLOYEES, OR REPRESENTATIVES IN THE PERFORMANCE OF THIS AGREEMENT. THIS INCLUDES PROPERTY DAMAGE, PERSONAL INJURY OR DEATH AND ALSO COVERS COSTS OF SUIT AND ATTORNEYS FEES. 6 7. Term of Agreement. This Agreement shall be effective from October 1, 20172018, through September 30, 20182019. 8. Termination. Either party may terminate this Agreement by giving written notice to the other party thirty (30) days in advance of the termination date, in which case any unexpended funds provided by the City shall be returned to the City within fifteen (15) days from the date the written notice is mailed to the Chamber. If the Chamber fails to meet the Deliverables or Metrics required under this Agreement, and it results in termination of the Agreement by the City, then the Chamber will not be eligible for any future funding from the City for a one (1) year period. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may only be modified by the subsequent mutual written agreement executed by the City and the Chamber. 10. Waiver. Any waiver by the City of any provision or condition of this Agreement shall not be construed to be a waiver of any other provisions or conditions of this Agreement. 11. Governing Law. This Agreement shall be governed by the laws of the State of Texas. The City expressly does not waive any defenses to any claims of any sort by virtue of this Agreement, including its Sovereign Immunity, and states that this is an economic incentive 12. Severability. Should any provision of this Agreement be adjudged illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity of enforceability of the Agreement as a whole or any sections, subsections, sentences, or clauses herein. EXECUTED this the _______________ day of ________________, 20172018. CITY OF DENTON ______________________________ CHRIS WATTS, MAYOR 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: ___________________________________ DENTON CHAMBER OF COMMERCE By: ______________________________ Its: ______________________________ 8 Attachment A INSURANCE REQUIREMENTS STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Chamber, the Chamber shall provide and maintain until the agreement has been terminated, the minimum insurance coverage as indicated hereinafter. 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 Texas with an A.M. Best Company rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. 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 Chamber 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. Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. 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, Chamber 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 Chamber shall either double the occurrence limits or obtain Owners and Chambers 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. 9 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: \[X\] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Chamber. 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: Chamber shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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. 10 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1382,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizingtheCityManagerorhisdesignee, toexecuteaDecommissioningEscrowAgreementamongandbetweentheTexasMunicipalPowerAgency,the CityofBryan,Texas,theCityofDenton,Texas,theCityofGarland,TexasandtheCityofGreenville,Texas (“Cities”)regardingtheestablishmentofescrowfordecommissioningpursuanttotheexistingjointoperating agreementbetweentheCitiesandTMPA;andprovidinganeffectivedate.ThePublicUtilitiesBoard recommends approval (7-0). City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Denton Municipal Electric CM:Todd Hileman DATE:September 11, 2018 SUBJECT Consideradoption of an ordinance of the City of Denton, Texas authorizing the City Manager or his designee, to execute a decommissioning escrow agreement among and between the Texas Municipal Power Agency, the City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas and the City of Greenville, Texas (“Cities”) regarding the establishment of escrow for decommissioning pursuant to the existing joint operating agreement between the cities and TMPA; and providing an effective date. BACKGROUND TheCityof Denton, Texasisa membercityofTexasMunicipalPowerAgency("TMPA"),a Joint Powers Agency;andTMPA consists of four cities,beingtheCitiesofBryan,Texas,Denton,Texas,Garland, Texas,andGreenville,Texas. TMPAandtheCitieshave entered into a Joint Operating Agreementproviding for the mutual rights and responsibilities of the parties as to the operations of the Agency, including asset management, decommissioning, environmental remediation, indemnities, and the winding up of affairs of the Agency upon dissolution, as necessary and appropriate consistent with Tex. Util. Code Chapter 163, Subchapter C-1. TheJointOperatingAgreementprovidesforthecreation of a“DecommissioningEscrowAgreement”to pay the costsofdecommissioningpursuantto the DecommissioningPlan of TMPA. This Agreement addresses the selection and duties of a decommissioning Escrow Agent, establishment ofa decommissioning Escrow Account, and the procedures for making disbursements from the Escrow Account. RECOMMENDATION DMErecommendsthattheCityCouncilapprovean ordinance authorizingtheCityManagertoexecutethe Decommissioning Escrow Agreementbetween the City of Denton, theCities, andTMPA, in substantial conformitywith the attached document. FISCAL INFORMATION Theaction requires no additional budget expenditures atthistime. STRATEGIC PLANRELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS 1.Agenda Information Sheet 2.Ordinance Respectfully submitted: George Morrow General Manager Prepared by: SmithDay Compliance Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1435,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:Health&Building StandardsCommission;HistoricLandmarkCommission;LibraryBoard;TrafficSafetyCommission;Zoning Board of Adjustment; City Hall West Steering Committee; and Oak Gateway Area Plan Steering Committee. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office DCM: Bryan Langley DATE: September 11, 2018 SUBJECT Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Health & Building Standards Commission; Historic Landmark Commission; Library Board; Traffic Safety Commission; Zoning Board of Adjustment; City Hall West Steering Committee; and Oak Gateway Area Plan Steering Committee. BACKGROUND Nominations/appointments for the City’s Boards and Commissions were considered at the August 21 Council meeting. Exhibit 2 includes the remaining vacancies for Boards and Commissions plus nominations Council has submitted for consideration. The City Hall West Steering Committee and the Oak Gateway Area Plan Steering Committee have been added for Council consideration. Any additional nominations made at this meeting can be voted on should the Council desire. Approval would be contingent on completion of the confirmation process. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Nominations Sheet Respectfully submitted: Jennifer Walters City Secretary BOARDANDCOMMISSIONNOMINATIONS BoardCouncilMemberNomination LƷźƭƭƷğŅŅƭƩĻĭƚƒƒĻƓķğƷźƚƓƷŷğƷƷŷĻ/źƷǤ/ƚǒƓĭźƌƭŷƚǒƌķ źƓĭƌǒķĻƒĻƒĬĻƩƭǞŷƚƩĻƦƩĻƭĻƓƷƷŷĻķĻǝĻƌƚƦƒĻƓƷ ĭƚƒƒǒƓźƷǤźƓƚƩķĻƩƷƚĬƩźƓŭƷŷĻźƩƦĻƩƭƦĻĭƷźǝĻğƓķ ĻǣƦĻƩƷźƭĻƷƚƷŷĻ/ƚƒƒźƷƷĻĻƒĻĻƷźƓŭƭ͵LƓğķķźƷźƚƓͲ ĬĻĭğǒƭĻƷŷĻƩĻźƭğƌğĭƉƚŅƩĻƦƩĻƭĻƓƷğƷźƚƓŅƩƚƒ{ǒĬğƩĻğƭЋ ğƓķЌ/źƷǤ/ƚǒƓĭźƌƭŷƚǒƌķźƓĭƌǒķĻƒƚƩĻƒĻƒĬĻƩƭǞŷƚƌźǝĻͲ ǞƚƩƉƚƩŷğǝĻƭƦĻĭźŅźĭźƓƷĻƩĻƭƷƭźƓƷŷĻƭĻƷǞƚƭǒĬğƩĻğƭ͵ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1444,Version:1 AGENDA CAPTION Consideradoptionofanordinanceconsideringallmattersincidentandrelatedtotheissuance,saleanddelivery ofupto$31,810,000inprincipalamountof"CityofDentonCertificatesofObligation,Series2018A"; authorizingtheissuanceoftheCertificates;delegatingtheauthoritytocertainCityofficialstoexecutecertain documentsrelatingtothesaleoftheCertificates;approvingandauthorizinginstrumentsandprocedures relating to said Certificates; enacting other provisions relating to the subject; and providing an effective date. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: September 11, 2018 SUBJECT Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $31,810,000 in principal amount of "City of Denton Certificates of Obligation, Series 2018A"; authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; enacting other provisions relating to the subject; and providing an effective date. BACKGROUND On August 7, 2018, the City Council adopted Ordinance No. 18-1153 directing the publication of a Notice of Intention to issue Certificates of Obligation (COs) of the City of Denton. The notice was published on August 10, 2018, and August 17, 2018, in the Denton Record Chronicle, as required by state law. The principal amount includes: $31,655,000 for projects costs plus $155,000 for issuance costs. Since approval of the Notice of Intention, the City Council awarded a contract for the Radio System Replacement project. The approved contract price was $1,055,000 less than originally estimated and staff has adjusted the project cost accordingly. However, due to ongoing inflationary pressures on roadway projects and potential additional capital projects that may be needed in the near future, staff is proposing to still issue the additional $1,055,000 as a contingency. As such, staff has increased the amount for Street th Reconstruction by this amount compared to what was previously identified on August 7. Staff will brief the City Council once a plan is in place for use of this contingency amount. Staff recommends the sale of $31,655,000 in COs. Below is a listing of recommended CO funded projects: 1. Radio System Replacement General Government $ 4,020,000 Water $ 330,000 Wastewater $ 440,000 Electric $ 745,000 Sub-Total $ 5,535,000 2. Fire Station 8 Design $ 500,000 3. Service Center Rehabilitation $ 4,500,000 4. Small Transportation Projects $ 3,250,000 5. Mayhill Bridge at DCTA Crossing $ 5,000,000 6. Police Firing Range $ 620,000 7. Airport Roads Reconstruction $ 1,300,000 8. Street Reconstruction $10,950,000 Grand Total $31,655,000 The City sells bonds in accordance with the useful life of the asset that is being acquired. For example, the radios are expected to last for 10 years. For the FY 2017-18 proposed debt issuance: $5,535,000 will be 10 year debt and $26,120,000 will be 20 year debt. In addition, the 20 year debt issues will also have a 9 year call option. Since bond market conditions can change rapidly, staff is recommending that the City Council approve a delegated parameters sale for the COs. The parameters ordinance sets the following requirements in order to complete the sale of the COs. - Maximum amount of sale is $31,810,000 - Final stated maturity of February 15, 2038 - Maximum net effective interest rate of 3.75% - Delegation authority ends March 11, 2019 By doing so, City staff will be authorized to execute the sale without additional Council approval. The th bond sale is tentatively scheduled for September 12 in order to have delivery of funds prior to the close of the fiscal year. Once the exact terms of the transaction are determined, staff will provide the City Council with additional information in an informal staff report. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 7, 2018 the City Council adopted Ordinance No. 18-1153 directing the publication of a Notice of Intention to Issue Certificates of Obligation of the City of Denton totaling $31,810,000. On July 17, 2018 the City Council approved the sale of these COs to fund the projects listed above. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Preliminary Official Statement 3. Ordinance Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance This Official Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or the solicitation of an offer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation, or sale. No dealer, broker, salesperson, or other person has been authorized to give information or to make any representation other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon. For purposes of compliance with Rule 15c 2-12 of the Securities and Exchange Commission (the "Rule"), this document constitutes an Official Statement of the City with respect to the Certificates that has been "deemed final" by the City as of its date except for the omission of no more than the information permitted by the Rule. The information set forth herein has been obtained from the City and other sources believed to be reliable, but such information is not guaranteed as to accuracy or completeness and is not to be construed as the representation, promise, or guarantee of the Financial Advisor. Any information and expressions of opinion herein contained are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or other matters described herein since the date hereof. See "Other Information - Continuing Disclosure of Information" for a description of the City's undertaking to provide certain information on a continuing basis. Neither the City nor its Financial Advisor make any representation as to the accuracy, completeness, or adequacy of the information supplied by The Depository Trust Company for use in this Official Statement. THIS OFFICIAL STATEMENT CONTAINS "FORWARD-LOOKING" STATEMENTS WITHIN THE MEANING OF SECTION 21E OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. SUCH STATEMENTS MAY INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS WHICH MAY CAUSE THE ACTUAL RESULTS, PERFORMANCE, AND ACHIEVEMENTS TO BE DIFFERENT FROM FUTURE RESULTS, PERFORMANCE, AND ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD- LOOKING STATEMENTS. INVESTORS ARE CAUTIONED THAT THE ACTUAL RESULTS COULD DIFFER MATERIALLY FROM THOSE SET FORTH IN THE FORWARD-LOOKING STATEMENTS. THE CERTIFICATES ARE EXEMPT FROM REGISTRATION WITH THE SECURITIES AND EXCHANGE COMMISSION AND CONSEQUENTLY HAVE NOT BEEN REGISTERED THEREWITH. THE REGISTRATION, QUALIFICATION, OR EXEMPTION OF THE CERTIFICATES IN ACCORDANCE WITH APPLICABLE SECURITIES LAW PROVISIONS OF THE JURISDICTION IN WHICH THE CERTIFICATES HAVE BEEN REGISTERED, QUALIFIED OR EXEMPTED SHOULD NOT BE REGARDED AS A RECOMMENDATION THEREOF. This section describes how ownership of the Certificates is to be transferred and how the principal of, premium, if any, and interest on the Certificates are to be paid to and accredited by DTC while the Certificates are registered in its nominee name. The information in this section concerning DTC and the Book-Entry-Only System has been provided by DTC for use in disclosure documents such as this Official Statement. The City believes the source of such information to be reliable, but takes no responsibility for the accuracy or completeness thereof. The City cannot and does not give any assurance that (1) DTC will distribute payments of debt service on the Certificates, or redemption or other notices, to DTC Participants, (2) DTC Participants or others will distribute debt service payments paid to DTC or its nominee (as the registered owner of the Certificates), or redemption or other notices, to the Beneficial Owners, or that they will do so on a timely basis, or (3) DTC will serve and act in the manner described in this Official Statement. The current rules applicable to DTC are on file with the Securities and Exchange Commission, and the current procedures of DTC to be followed in dealing with DTC Participants are on file with DTC. Use of Certain Terms in Other Sections of this Official Statement. Tooke v. City of Mexia Wasson Interests, Ltd., V. City of Jacksonville Benefits Provided Employees covered by benefit terms Contributions Net Pension Liability Actuarial Assumptions Discount Rate Changes in the Net Pension Liability Sensitivity of the Net Pension Liability to changes in the Discount Rate Pension Plan Fiduciary Net Position Pension Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions Supplemental Death Benefit Fund Plan Description Benefits Provided Employees Covered by Benefit Terms Contributions Net Pension Liability Actuarial Assumptions Discount Rate Changes in Net Pension Liability Sensitivity of the Net Pension Liability to Changes in the Discount Rate Pension Plan Fiduciary Net Position Pension Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions Plan Description Benefits Provided Funding Policy Annual OPEB Costs and Net OPEB Obligation Funded Status and Funding Progress Actuarial Methods and Assumptions Medical Reimbursements City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:A18-0002a,Version:1 AGENDA CAPTION Conductthefirstoftwopublichearingsforavoluntaryannexationofapproximately86.47acresofland generally located north of Hickory Creek Rd, and south of Creekdale View by the City of Denton, Texas. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: September 11, 2018 SUBJECT Conduct the first of two public hearings for a voluntary annexation of approximately 86.47 acres of land generally located between Creekdale Drive and Hickory Creek Road, east of the railroad tracks by the City of Denton, Texas. (A18-0002, Lakeside Place, Cindy Jackson) BACKGROUND The applicant, Abra Nusser, on behalf of the property owner, Calvert Paving Corporation, has submitted an annexation application to voluntarily annex approximately 86.47 acres of land. This voluntary annexation complies with Subchapter C-3, Chapter 43 of the Texas Local Government Code. The subject property is approximately 86.47 acres and is adjacent to current city limits on its northwest, northeast, and western boundaries. The adjacent zoning districts are Extraterritorial Jurisdiction (ETJ), Neighborhood Residential 3 (NR-3) to the north, Neighborhood Residential 4 (NR-4) to the northeast, ETJ to the east, south, and southwest; and Neighborhood Residential 2 (NR-2) and Commercial Mixed Use General (CM-G) to the west, across the railroad tracks. The Future Land Use designation of the subject site is Low Residential. Upon annexation, the applicant will seek a zoning designation of Neighborhood Residential 4 (NR-4) to develop a single family subdivision on the subject property and is requesting annexation for this purpose. The requested annexation meets the criteria for annexation as listed in Section 35.3.14.B. Specifically, staff has determined the anticipated development: Will require a connection to City public services; I and electric services; Is located Will have a significant impact upon the City in terms of service costs, increased traffic, and utility needs. As a result, Section 35.3.14.C, the following Section 35.3.14.C evaluation criteria was applied: 1. The ability of the city to provide infrastructure and public services equal to other comparable areas inside the city limits. Water service is available from an 8-inch line located along Creekdale Road. The nearest Wastewater main is an 8-inch line also located along Creekdale Road. Transportation improvements required as a result of the proposed development of this site will be determined after trip generation calculations have been received and reviewed. Any drainage improvements required in association with the development of this site will be the responsibility of the Developer. Any improvements due to the impact of this development will be constructed at the Developers expense. rty across Creekdale. Solid Waste will add this property to existing routes. Policing of the subject site would comply with required response times. Fire and EMS services to the site would comply with required response times. Station #7 is located approximately 4.5 miles from the subject site. Cross Timbers Park is 0.4 miles to the east. 2. The reliability, capacity, and future public cost, if any, of current and planned provisions for community facilities, including but not limited to roads, drainage, and utilities. The terms of the needed improvements/upgrades will be determined upon platting and permitting. Funding will be the responsibility of the developer. It is anticipated that Creekdale Drive will be extended and create a direct connection between Ryan Road and Riverpass Drive. 3. The need and quality of land use and building controls. The annexation of the subject property into the city will enable the use of development and design standards in the DDC, minimizing the impacts of the proposed development on adjacent neighborhoods. 4. Comprehensive Plan. The subject property is designated as Low Residential on the Future Land Use Plan. The applicant is proposing to develop a residential subdivision for this site. Conformance with the Land Use Element will be determined when the application for initial zoning is submitted and reviewed. 5. Impact on the City, both current and long range, including at a minimum. Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above. 6. The property meets the minimum requirements for annexation in accordance with state law. The property complies with all minimum requirements for annexation as set forth by the Texas Local Government Code as stated in Chapter 43, Subchapter C-1, Annexation Procedure for Areas Exempted from Municipal Annexation Plan. The tentative schedule for this annexation is as follows: st September 11, 2018 1 Public Hearing nd September 25, 2018 2 Public Hearing October 16, 2018 First Reading of the Annexation Ordinance November 27, 2018 - Second Reading and Adoption of the Annexation Ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) stnd On August 28, 2018, the City Council adopted an ordinance setting the 1 and 2 public hearing dates and authorizing the publication of notice of the public hearings. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Location Map 3. Zoning Map 4. Staff Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner A18-0002 Site Location 1830 " ) 03857701,540 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 7/26/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. A18-0002 Zoning Map NR-2 RD-5X NRMU 1830 " ) CM-G NR-3 NR-6 NR-1 ETJ NR-4 03857701,540 Feet SITECM-GNR-2NR-6 µ ETJNR-3NRMU Parcels NR-1NR-4RD-5X Roads Date: 7/26/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1337,Version:1 AGENDA CAPTION Holdasecondpublichearingonaproposaltoadoptataxrateof$0.620477withamaximumallowablerateof $0.637856 per $100 valuation, which will not exceed the lower of the effective or rollback tax rate. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: September 11, 2018 SUBJECT Hold a public hearing on a proposal to adopt a tax rate of $0.620477 with a maximum allowable rate of $0.637856 per $100 valuation, which will not exceed the lower of the effective or rollback tax rate. BACKGROUND The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth-in-taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow tax payers in certain circumstances, to roll back or limit a tax increase. The truth-in-taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates (Exhibit 2 2018 Notice of Proposed Tax Rate). The effective rate is the calculated rate that would provide the taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. This rate is adjusted for new exemptions, value loss due to court appeals of 8 effective rate is $0.685168/$100 valuation. The rollback rate divides the total property tax revenue into support for maintenance and operations (M&O) taxes and debt service taxes. It provides approximately the same amount of revenue as in the previous year for maintenance and operations expenses, plus an extra eight percent, plus the necessary debt service tax rate. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to petition for 8 rollback rate is $0.729101/$100 valuation. 8-19 Proposed Annual Program of Services recommends a tax rate of $0.620477 per $100 of valuation which is approximately $0.065 below the effective tax rate and $0.017 below the prior years adopted tax rate. While does not exceed the lower of effective or rollback tax rates, two public hearings are being held prior to the budget adoption. In compliance with state law, staff published the Notice of the Proposed Tax Rate in the in the Denton Record Chronicle Web site, http://www.cityofdenton.com and the public access channel. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 14, 2018, the City Council held the first public hearing on the tax rate. EXHIBITS 1. Agenda Information Sheet 2. 2018 Notice of Proposed Tax Rate 3. Presentation Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance NOTICE OF 2018 TAX YEAR PROPOSED PROPERTY TAX RATE FOR CITY OF DENTON A tax rate of $0.637856 per $100 valuation has been proposed for adoption by the governing body of the City of Denton. This tax rate will not exceed the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. The governing body of the City of Denton proposes to use revenue attributable to the tax rate increase for the purpose of paying maintenance and operation expenses, and debt service. PROPOSED TAX RATE $0.637856 per $100 $0.637856 per $100 EFFECTIVE TAX RATE $0.685168 per $100 ROLLBACK TAX RATE $0.729101 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for the City of Denton from the same properties in both the 2017 tax year and the 2018 tax year. The rollback tax rate is the highest tax rate the City of Denton may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount = ( rate ) x ( taxable value of your property ) / 100 For assistance or detailed information about tax calculations, please contact: Michelle French Denton County Tax Assessor-Collector 1505 E. McKinney Street, Denton, TX, 76209 940-349-3500 Property.Tax@dentoncounty.com http://tax.dentoncounty.com You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: 6:30 p.m. on August 14, 2018 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 Second Hearing: 6:30 p.m. on September 11, 2018 at City Hall, 215 E. McKinney Street, Denton, TX, 76201 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1338,Version:1 AGENDA CAPTION Hold a public hearing and receive citizen input on the FY 2018-19 Proposed Budget. City of DentonPage 1 of 1Printed on 9/7/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: September 11, 2018 SUBJECT Hold a public hearing and receive citizen input on the FY 2018-19 Proposed Budget. BACKGROUND The City Charter and State Law require that prior to budget adoption, a public hearing be conducted to allow citizens the opportunity to provide input on the Proposed Budget. The required notice of the public hearing was published August 26, 2017, in the Denton Record Chronicle. The notice was also posted on and on the public access channel. A copy of the published notice is provided for reference in Exhibit 2. STRATEGIC PLAN RELATIONSHIP is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 2, 2018, the City Council was provided with detailed information regarding the FY 2018-19 Proposed Annual Program of Services including the proposed tax rate. On August 2, 2018, the City Council voted to place a proposal on the September 18, 2018 City Council agenda to consider approval of the FY 2018-19 Annual Operating and Capital Budget. ththstth On August 7, 14, 21, and 28, 2018 the City Council discussed the proposed budget in work session. FISCAL INFORMATION The 2018-19 Proposed Budget totals $1,227,869,643 in estimated resources and $1,225,075,556 in estimated expenditures. EXHIBITS 1. Agenda Information Sheet 2. 2018 Notice of Proposed Budget Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance NOTICE OF PUBLIC HEARING ON BUDGET The City Council for the City of Denton, Texas, will hold a public hearing on the Fiscal Year 2018-19 Annual Program of Services (Budget), on Tuesday, September 11, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, located at 215 East McKinney Street in Denton, Texas, 76201. The meeting will be held for the purpose of receiving community input on the Budget. THIS BUDGET WILL RAISE MORE TOTAL $5,725,950 OR 8.62% AND OF THAT AMOUNT $2,065,573 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR. All interested citizens are encouraged to attend and express their views. Page 5