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2019-04-09 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-649,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingtheconstructionofrestroomfacilitiesat Carl Young Sr. Park and Quakertown Park. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Dento City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Antonio Puente, Jr. Interim ACM DATE: April 9, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the construction of restroom facilities at Carl Young Sr. Park and Quakertown Park. BACKGROUND CDBD grants were awarded to the Parks and Recreation Department for public facilities and infrastructure improvements for the construction of restrooms at Carl Young Sr. Park and Quakertown Park. The allocated funding was $85,000 for Carl Young Sr. Park and $152,000 for Quakertown Park. In June 2018, bids were solicited for build in-place construction of the restrooms at Carl Young Sr. Park. The bids received started at $340,750. On July 17, 2018, City Council rejected the submitted bids due to the high costs. In October 2, 2018, bids were solicited for both Carl Young Sr. Park and Quakertown Park and the City did not receive any bids for the prefabricated restrooms. Then again on October 31, 2018, bids were solicited for both Carl Young Sr. Park and Quakertown Park and the City did not receive any bids for the prefabricated restrooms. Due to the fact the projects have been bid three times unsuccessfully, PARD began researching options to accommodate constructing restrooms at both parks. After numerous discussions with staff and contractors, PARD is providing two options to be considered by City Council for both park locations. Option 1 Prefabricated Structures - The first option would be to bid out the purchase of a prefabricated structure. Plumbing and foundation of the prefabricated structure would be solicited for bids. All construction costs include building materials, restroom fixtures, foundation, plumbing, and sidewalks. Carl Young Sr. Park o Dropped in place o 2 ADA compliant restrooms o Cost estimates range from $76,000-115,000 o Sizes from 144-165 SF (average $618 SF) o 30 year life expectancy o 1 water fountain Quakertown Park o Dropped in place o 2 ADA compliant restrooms, plus unisex restrooms o Cost estimates range from $115,000-175,000 o Sizes from 286-369SF (average $449 SF) o 30 year life expectancy o 2 water fountains Option 2 Pre-Designed - The second option is to build an in-place structure made of metal with open-air restroom stalls. This structure would be built with in-house Park Maintenance employees. The building would be colored to match the existing facilities within Carl Young Sr. Park and Quakertown Park. Plumbing and foundation of the structures would be contracted out to sub-contractors. Carl Young Sr. Park o In-house constructed, design to match park o 2 ADA compliant restrooms o Cost Estimates range from $60,000-75,000 (depending on options) o Size from 240-288 SF (average $256 SF) o 30 year life expectancy o 1 water fountain o Staff time - 4 weeks x 40 hours x 3 employees x $35 average employee rate = $16,800 Quakertown Park o In-house constructed, design to match park o 4 ADA compliant restrooms o Cost Estimates range from $75,000-90,000 (depending on options) o Size from 640-800 SF (average $115 SF) o 30 year life expectancy o Up to 4 water fountain o Staff time - 6 weeks x 40 hours x 3 employees x $35 average employee rate = $25,200 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 17, 2018, City Council rejected bids received for a proposed in-place construction of a restroom facility. RECOMMENDATION st Staff from Parks and Recreation recommends in-house construction to begin May 1 with the Carl Young Sr. Park restroom and then the Quakertown Park restroom starting construction approximately July 1st. FISCAL INFORMATION CDBD funding is allocated for $85,000 for Carl Young Sr. Park and $152,000 for Quakertown Park. In addition, 915/916 funding is available at Carl Young Sr. Park at the sum of $159,777 and Quakertown Park totaling $170,333. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Respectfully submitted: Gary Packan Director, Parks and Recreation Drafted by: Drew Huffman Parks Superintendent, Parks and Recreation City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-720,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding a request from the Denton Community Market for additional financial support of $101,191 per year. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development ACM: Tony Puente, Interim Assistant City Manager DATE: April 9, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a request from the Denton Community Market for additional financial support of $101,191 per year. BACKGROUND Blvd. and Mulberry St. in the Denton County Historical Park. The Market is open every Saturday from th April- anniversary. The Market is in the process of updating its bylaws to separate the Board President and Executive Director positions and to include a Conflict of Interest Policy for Board members. The market receives financial support from the City of Denton, vendor fees, sponsorships and donations; -year funding comes from the City. The City also provides Denton County provides in-kind support through use of its facilities. Denton County staff recently confirmed that there is no conflict with City funding of employees and continued use of County Historical Park and further stated -term use of the Park is mutually beneficial. On Oct. 16, 2018, Market executive director/Board president Vicki Oppenheim presented to Council on the in- kind support to other North Texas-ets; an ISR was issued on Nov. 21, 2018. The updated survey data is included as Exhibit 2. On Dec. 4, 2018, Ms. Oppenheim spoke during Citizen Reports and requested additional annual financial support of $101,191 from the City of Denton to fund the salaries and payroll taxes for two Market employees: $55,978 for the Executive Director and $45,213 for the Market Vendor Coordinator. The FISCAL INFORMATION eneral Fund or the Hotel Occupancy Tax (HOT) Fund. The use of either of these sources could set a precedent for other local nonprofits to make similar requests. Table 1 support to the Market. Table 1 City of Denton Funding to the Denton Community Market /ƚƒƒǒƓźƷǤ ağƩƉĻƷ CǒƓķźƓŭ General Fund DME YearHOT FundsContributionSponsorshipOtherExplanationTotal Per Year C ЊЋΏЊЌ$3,553.71Funds for port-a-potties, hand wash station υЌͲЎЎЌ͵АЊ C ЊЌΏЊЍ$1,000.00 υЊͲЉЉЉ͵ЉЉ C ЊЍΏЊЎ$10,000.00$1,000.00 υЊЊͲЉЉЉ͵ЉЉ C ЊЎΏЊЏ$10,500.00$1,000.00 υЊЊͲЎЉЉ͵ЉЉ C ЊЏΏЊА$15,500.00 υЊЎͲЎЉЉ͵ЉЉ Council approved a one-time HOT allocation to Denton County to upgrade the Historical Park C ЊАΏЊБ$15,965.00$14,150.00$151,525.00for Denton Community Market.υЊБЊͲЏЍЉ͵ЉЉ C ЊБΏ ЊВ$25,000.00$16,150.00 υЍЊͲЊЎЉ͵ЉЉ ƚƷğƌυЋЏЎͲЌЍЌ͵АЊ A consideration for use of the HOT Fund is the effect on the fund balance. Table 2 estimates the FY18-19 . Table 2 Estimated Ending HOT Fund Balance City of Denton Hotel Occupancy Tax Fund 2018-19 2018-19 BudgetEstimate Beginning Fund Balance$ 2,019,438 $ 2,019,438 Revenue$ 3,207,406 $ 3,207,406 Expenditures*$ (3,249,863)$ (3,249,863) Budget Amendment Prior Year Economic Incentive$ -$ (369,709) Denton Community Market Request$ -$ (101,191) Ending Fund Balance$ 1,976,981 $ 1,506,081 * Total includes $25,000 currently in contract to the Denton Community Market. OPTIONS Option 1 (FY18-19): Use the HOT Fund balance for all or a portion of the request No change to current funding Option 2 (FY19-20): Consider as a General Fund Council-initiated supplemental request Consider as a HOT Fund request during the current application cycle No change to current funding EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Community Market Survey Data Exhibit 3 Proposal from Community Market Exhibit 4 Presentation Denton Community Market Proposal for the City of Denton Financial Support .®µ¤¬¡¤± ΐΘǾ ΑΏΐΗ Denton Community Market Box 3057 Denton, TX 76202 940-268-4326 4 ¡«¤ ®¥ #®³¤³² Denton Community Market (DCM) Proposal for Financial Support COVER LETTER 5 DCM BACKGROUND 7 QUALIFICATIONS OF DCM TEAM 11 PROPOSED BUDGET FOR SERVICES 13 Denton Community Market Box 3057 Denton, TX 76202 940-268-4326 ŴȌɎ"µ¼«¸Ɏ+«ºº«¸ 1 Denton City Council RE: Proposal for Financial Support of the DCM Dear Denton City Council, The DCM is pleased to submit our Proposal for Financial Support in response to requests made at a recent City Council meeting. th Upon entering its 10 Year in 2019, the DCM has become a Denton community institution in promoting small business incubation, supporting the arts and culture, and providing an important community gathering space to serve residents and visitors from all walks of life. For the past four years, the DCM won placement in The DCM staff has a track record of providing community services with relatively few resources, but requests financial support to continue its mission and to accommodate is growth and scope. This request includes support that is vital to its operations: staff salaries for two core employees of the Market and further support for promotion of its farmers. In both cases, these resources are essential for operations and for attracting visitors to the Market. We appreciate your consideration of this request in supporting this important amenity and small business incubator in Denton. Regards, Vicki Oppenheim DCM Executive Director and Board President 5 3 6 ŵȌɎ#",Ɏ!§©±¸µ»´ªɎɎ 2 ȌɎɎɎɎɎɎɎɎɎɎ Founding and Growth The DCM was founded in 2009 and held it first Market in th April 2010. In 2019, the DCM will celebrate its 10 Anniversary Season. The DCM has become a community institution in Denton, winning placement in the DRC Best of The DCM now regularly has 3,000 visitors per week and has an average of 70 vendors out of 160 vendors in total. Community Impacts Recent Statistics Economic Impact Analysis The DCM conducted an Economic Impact Analysis for 2017 with assistance from the University of North Texas Economics Department and the University of Wisconsin Planning Department. $1.5 million dollars in overall economic impact in 2017 Estimated sales of nearly $700,000 in 2017 (on Saturdays only) Strong business incubator (2018): 23% start-ups, 22% minority-owned businesses, 63% women-owned businesses (not mutually-exclusive categories of 126 vendors as of May 2018) Since 2010, Generated 7 Downtown Brick and Mortars in Denton, 1 brick and mortar in nearby city, 1 Downtown food truck, 2 major online businesses. Numerous small business success stories, too many to mention. 3,000 visitors per week on average in 2018. The study in the next section will show the interrelationship between the DCM and downtown business support. 7 New Study on DCM Visitor Behavior New Study on the Denton Community Market and Visitor Behavior Consumer analytics consulting firm Intalytics performed a market analysis for the DCM. Using smart phone data collected from people who have agreed to share their location data, Intalytics is able to track phone movements of DCM visitors and link visitors to their home city. Based on this analysis, it can be determined that 46 percent of DCM visitors live outside of Denton. Median household income is $68,630. Figure 1 shows the geodemographic segment characteristics of typical visitors, and many visitors are largely young families, young individuals, or more prosperous couples. DCM Customers by Top 5 Geodemographic Segments, 2016-2018, Data by Intalytics Young Families and Remaining Groups Invidivuals 33% 30% Young Couples with Children 14% Affluent Middle-Aged Couples Properous, 11% Established Couples 12% CźŭǒƩĻ Њʹ ƚƦ Ў DĻƚķĻƒƚŭƩğƦŷźĭ {ĻŭƒĻƓƷƭ The total sample of visitors is 3,785 people (1 percent 8 sample), or 378,500 total visitors for the two years. The sample used for the trip data below is 2,800 people. 1.Trip Data Shows DCM Visitors Frequent the Downtown after the Market Intalytics was also able to discern where DCM visitors went after they left the market. Map 1 shows the density of DCM visitors at various locations in central Denton between 5 and 60 minutes after the Market. The darker-colored areas show areas of higher density. Higher density along Carroll Blvd. Eagle Dr., Elm and Locust streets show cell phone locations along roads as people leave the market. However, there is a high concentration in and around the Square as well. Map 2 shows visitor locations 60 minutes after the leaving the DCM. By this time, while many visitors are back at home, many are also at another location for shopping and dining, especially in the Denton Square area. ağƦ Њʹ 5/a źƭźƷƚƩƭ ЎΏЏЉ aźƓǒƷĻƭ ğŅƷĻƩ źƭźƷźƓŭ ƷŷĻ ağƩƉĻƷ 9 ağƦ Ћʹ 5/a źƭźƷƚƩƭ ЏЉ aźƓǒƷĻƭ ğŅƷĻƩ źƭźƷźƓŭ ƷŷĻ ağƩƉĻƷ 2.New Hotel Data Shows DCM Visitors Stay in Denton Hotels An analysis of cell phone data locations from 10PM to 6AM on Fridays and Saturday evenings before and after the Market shows that 4.5% of non-resident DCM visitors stay in hotels. The hotels are the 22 listed on the Convention and Visitors Bureau website. If there are 3,000 visitors per week, and 46% are non-residents, that is approximately 62 hotel visits per week during the Market season. From this estimate, there are 2,111 hotel stays per year. This is the most accurate estimate of hotel stays so far for DCM visitors. 10 ŶȌɎ0»§²¯¬¯©§º¯µ´¹Ɏµ¬Ɏ#",Ɏ3«§³Ɏ 18 Ɏ Vicki Oppenheim, AICP Vicki Oppenheim holds a Master of Science in Urban Planning and Master of Science in Applied Geography. She is the current DCM Executive Director and is an urban planner with over 20 years of experience in community development, development planning, and environmental planning. She is one of the founders of the Denton Community Market and has supported its growth since the first season in 2010. She oversees staff and the overall operations of the Market and participates in grant and fundraising activities. She regularly conducts studies of visitor and vendor trends. She started as an urban planner in New York City working on housing research and pilot projects with community-- income communities. She subsequently worked on residential, commercial, and industrial development projects in the Dallas Fort-Worth Metroplex. In particular, she has worked on development projects in numerous small towns and cities, including the City of Denton, the City of Sherman, the Town of Cross Roads, City of Celina, and the City of Frisco. She also has a long-term interest in green building and sustainable community development with her firm, Green Leaf Environmental Planning. Vicki is a member of the American Planning Association and the American Institute of Certified Planners. She is currently pursuing an additional graduate degree in Economics at the University of North Texas. These skills are being used to help evaluate the economic impacts of the DCM on the Denton community. EDUCATION Columbia University, NY/MS Urban Planning/1991. Bryn Mawr College, PA/BA Growth and Structure of Cities/1989. University of North Texas, TX/MS Applied Geography/2018. 11 Rachel Weaver Rachel Weaver holds a Master of Arts in Philosophy and Bachelor of Arts in Social Science from the University of North Texas. Her education focused on environmental and community issues, as well as conservation and sustainability. She has served as the Market Vendor Coordinator for the Denton Community Market since August 2016. As Market Vendor Coordinator, she manages the weekly Markets and coordinates vendors, musicians, activities, fundraising, and outreach for the Denton Community Market. This includes managing organization email accounts, website updates, weekly newsletter, and event planning. She participates in grant writing, program development, and community outreach, and acts as Market Vendor Coordinator, Performance Coordinator, Volunteer Coordinator, and Fundraising committee member. Rachel also works part-time at the City of Denton managed Clear Creek Natural Heritage Center and has worked as administrative intern since October 2014. She is the educational building facilitator during the Denton Independent School District seasonal field trips to Clear Creek. She maintains the building and hiking trails, cares for animals on site, and assists teachers and Master Naturalists in educational activities. She maintains the Sustainable Garden on site, and works with other interns on sustainable agriculture and conservation projects. Produce grown in the garden is donated to soup kitchens, and/or seeds are saved for the local seed library. 12 Ɏ 20 ŷȌɎ/¸µ¶µ¹«ªɎ!»ª«ºɎ¬µ¸Ɏ2«¸¼¯©«¹Ɏ 38 Current Staff Funding from the City and Salary Comparisons: The Denton Community Market appreciates past City support for its operations. The combination of vendor fees, sponsorships, and fundraisers are still not adequate to fund staff to the levels that are necessary for a living wage and to fund labor time needed for DCM operations. DCM vendor fees are among the highest in DFW and they cannot be raised to remain competitive. The Denton Community Market received HOT Funds and City Council funds for the operations of the Market. There was also the Pawsitive Vibes City sponsorship in 2018 for $4,000. In 2019, the City Council funds of $9,150 per year (approximately $5,000 for staff) that were allocated for four years for porta-potties and staff funding will end. Also, HOT Funds in 2019 will fund $8,000 of Executive Director Salary. Despite this funding, staff salaries are well below average wages for other markets in DFW or for non-profits in the United States. In Farmers Branch, the Market Manager makes approximately over $40,000 plus City benefits (as recently advertised). In Coppell, the Market Manager makes approximately $55,000, but without City benefits. It should be noted that in both cases there are City staff that assist with the running of the Market, and the markets are less than one-half the size of the DCM. In terms of non-profits nationally, Executive Directors earn $44,246 on average and $33, 520 on average for top administrative positions for non-profits of our size. These salaries assume there are other employee benefits (GuideStar th NonProfit Compensation Report, 18 ed., September 2018). 13 The current staff members both make in the mid- employee benefitsexcept 30 hours per year of vacation time. Both employees need other sources of income to cover living expenses. In short, this current employment model is not sustainable. While Rachel Weaver works part-time at Clear Creek for the City, the pay is not adequate to provide a full salary neededbeyond the DCM pay. Vicki Oppenheim sometimes does part-time consulting and must find other income. In short, both employees hold advanced degrees, and are being paid well below market value for their skills and experience. This low pay scale exacerbates the issues of increasing workload. To address the low pay scale, the DCM proposes that both employees become contract employees for the City of Denton. Below are proposed salaries for the two main DCM staff. Two Booth Managers are not included in this proposal. Executive Director For the Denton Community Market $52,000 per year plus $3978 payroll taxes Job Overview The Denton Community Market is a non-profit organization comprised of a management team, Board of Directors, and over 150 vendors who have joined the market as members. The Executive Director is the key management leader and is responsible for overseeing the administration, programs, and strategic plan of the organization. The Executive Director works with the Board and staff to ensure the mission is fulfilled through programs and activities. The Executive Director managers staff, contract labor, market days, special events, fundraising activities, financial administration, and long-term planning and programming. The organization has four staff persons, including Executive Director, Vendor Coordinator, and two Booth Managers. Contract labor includes: accountant, bookkeeper, graphic artist, sound coordinator, music live streaming, and other services as needed. The Executive Director also serves on the Board of Directors and manages the Board of Trustees, as well as special committees that are formed as needed. The Executive Director represents the Market in public venues; promotes the market; interacts with local, state, and federal government agencies; and advocates for financial resources to operate the non-profit organization. The Executive Director submits an annual budget to the Board of Directors, oversees fundraising activities, and is responsible for fiscal management and reporting, in conjunction with the accounting and bookkeeping staff, to ensure the financial health of the organization. 14 Market Vendor Coordinator For the Denton Community Market $42,000 per year Plus $3213 payroll taxes Job Overview The Denton Community Market organization is comprised of a management team as well as over 150 vendors who have joined the market as members. The Market Vendor Coordinator is responsible for managing vendor memberships, market promotion, and market days. Managing the market days includes creating a weekly market layout/map, addressing vendor needs, and planning/overseeing non-vendor activities at the market. The Market Vendor Coordinator negotiates vendor agreements, recruits new vendors, manages vendor payments and identifies and plans for vendor needs. Additionally, the coordinator communicates regularly with vendors, resolves conflicting needs, and balances competing demands. The Vendor Coordinator plans and manages market day activities and engages community partners to provide services on market days. For example, the Vendor Coordinator plans and oversees children's activities, performers, and other weekly activities. The Vendor Coordinator participates in marketing and promoting the market. The Market Vendor Coordinator works with the Executive Director and other staff in fulfilling grant tasks, conducting community outreach, conducting special events and fundraisers, and supporting the mission of the Market. Farmer Support Unknown $ amount of request The DCM farmers are an essential core of our Market and provide locally- and sustainably-produced food to Denton residents and visitors. Given local climate conditions, farmers face many obstacles and often have slim profit margins. The support of local food is a clear goal for sustainability in the City of Denton. To support the farmers, this proposal asks for support of DCM marketing: The provision of additional marketing for the DCM through banners across major downtown streets for Opening Day, Harvest Days in June and October, and Farm Heritage Day. The cost of this request is unknown, but the DCM would need support for the creation of the banners as well as the installation of the banners. Finally, the DCM submits this funding request in response to City Council member suggestions at a recent City Council meeting. During City Council deliberations for this request, DCM management hopes that the Council will consider the importance of the DCM to the economic vitality and to the livability of Denton. It would be highly desirable to have additional funding approved for 2019. We appreciate your consideration. 15 Ɏ Ɏ Ɏ Ɏ 16 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-788,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the Solid Waste department’s Enhanced Liquids Recirculation Program. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ Agenda Information Sheet DEPARTMENT: Solid Waste & Recycling Department CM/ ACM: Mario Canizares Date: April 9, 2019 SUBJECT ..Title Receive a report, hold a discussion, and give staff direction regarding Enhanced Liquids Recirculation Program. ..Body BACKGROUND On June 26, 2018, the Denton City Council received a work session report from Solid Waste staff and solid waste consulting firm Blue Ridge Services, Inc. regarding an assessment of Solid Waste operations. During that presentation, Council received recommendations regarding various programs and services from Blue Ridge as well as Solid Waste management. Members of the Council requested that programs and services discussed during the report be analyzed in further detail and that the results of those analyses be delivered to the Council Committee on the Environment. This item has been prepared to fulfill those requests. The City of Denton Solid Waste and Recycling Department has operated an Enhanced Liquids Recirculation (ELR) project, under permit from the Texas Commission on Environmental Quality, at the Denton Landfill since approximately May 2009. The purpose of the ELR is to recirculate landfill liquids to supercharge the anerobic digestion of organic matter, accelerating landfill gas production for beneficial reuse, accelerating landfill settlement to recapture airspace earlier during landfill operations, and to reduce long term closure and post closure liability for the City. The City ceased operation of its ELR at the end of December 2017 and a consultant was hired to This analysis includes a review of program objectives, evaluation of program results, environmental impacts, financial analysis, and staff conclusions and recommendations. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) June 26, 2018 The City Council received a report from consulting firm Blue Ridge Services, Inc. and Solid Waste staff regarding an evaluation of Solid Waste operations and programs. April 1, 2019 The Committee on the Environment received a report and held a discussion regarding the Enhanced Liquids Recirculation operation. April 8, 2019 The Public Utilities Board received a report and held a discussion regarding the Enhanced Liquids Recirculation operation. EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully submitted: Ethan Cox, 349-7421 Director of Solid Waste City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA18-0009k,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andprovidestaffdirectionontheDentonDevelopmentCodeUpdateand Draft Zoning Map. City of DentonPage 1 of 1Printed on 4/5/2019 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: April 9, 2019 SUBJECT Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update and Draft Zoning Map. BACKGROUND At the April 2 work session staff received direction on outstanding discussion items which have been incorporated into the Final Adoption Draft. At this meeting Clarion will recap the drafting process, go over project goals, provide a summary of key changes, present the adoption schedule and discuss next steps. As always staff and Clarion will be available to answer any follow up questions as we prepare for the public hearings for both the Denton Development Code (DDC) Update and the Draft Zoning Map. If you have any questions or requests for more information, please provide them to staff in advance by email so that staff can prepare a response prior to the work session. We encourage individuals interested in the DDC Update and Draft Zoning Map to visit www.DentonCode2030.com for more information or they can call Development Services at (940) 349-8541 during office hours to talk with a member of the City’s Planning staff. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council and Planning and Zoning Commission September 11, 2012 – City Council approved contract with Clarion Associates December 13, 2016 – City Council approved first amendment to contract April 28, 2017, – Purchasing staff approved second amendment to contract November 7, 2017 - City Council approved third amendment to contract March 27, 2018 – City Council Work Session regarding Administration and Procedures (Module 2) March 28, 2018 – Special Called Planning and Zoning Commission Work Session regarding Administration and Procedures (Module 2) April 10, 2018 - City Council Work Session regarding DDC Advisory Committee November 14, 2018 – Planning and Zoning Commission Work Session February 12, 2019 – City Council Work Session #1 February 13, 2019 - Planning and Zoning Commission Work Session #1 February 20, 2019 - Planning and Zoning Commission Work Session #2 February 26, 2019 – City Council Work Session #2 February 27, 2019 - Planning and Zoning Commission Work Session #3 March 5, 2019 – City Council Work Session #3 March 6, 2019 - Planning and Zoning Commission Work Session #4 March 19, 2019 – City Council Work Session #4 March 20, 2019 - Planning and Zoning Commission Work Session #5 March 26, 2019 – City Council Work Session #5 April 2, 2019 - City Council Work Session #6 Development Code Review Committee 36 meetings Other Boards and Commissions October 29, 2018 – Zoning Board of Adjustment Meeting November 12, 2018 – Historic Landmark Commission Public Meetings June 7, 2017 – Kick-off Open House September 28, 2017 – Zoning Districts and Use Regulations (Module 1) Public Meeting November 13 - 15, 2017 – Zoning Districts and Use Regulations (Module 1) Public Meetings March 28, 2018 - Administration and Procedures (Module 2) Public Meeting April 21, 2018 – Redbud Festival April 23, 2018 – Public Meeting at Fred Moore High School April 26, 2018 – Public Meeting at LaGrone Advance Technology Center May 2 – 3, 2018 – Office Hours at Development Services Center May 5, 2018 – Denton Community Market May 7, 2018 - Public Meeting at the Denton Convention Center May 10, 2018 - Public Meeting at Sam Houston Elementary School May 12, 2018 - Public Meeting at the Civic Center June 22, 2018 – Juneteenth Celebration August 4, 2018 – Denton Community Market October 6, 2018 – Denton Community Market November 3, 2018 – Denton Community Market January 17, 2019 – State of the City February 13, 2019 - Public Meeting #1 at the Council Chamber February 25, 2019 - Public Meeting #2 at the Council Chamber February 28, 2019 - Public Meeting #3 at the Civic Center March 18, 2019 - Public Meeting #4 at the Civic Center March 21, 2019 - Public Meeting #5 at the Civic Center Stakeholder Meetings March 28, 2018 - Denton Community Development Alliance April 18, 2018 - Denton Community Development Alliance April 18, 2018 - Administration and Procedures (Module 3) Public Meeting April 30, 2018 – Denia Neighborhood Meeting May 15, 2018 – AIA Dallas Codes and Standards Committee May 21, 2018 – Evening Rotary Club June 11, 2-18 – North Texas Fair and Rodeo Board (President) July 10, 2018 – Kiwanis Meeting August 27, 2018 – SEDNA Meeting November 6, 2018 – Kiwanis Meeting November 27, 2018 – AIA Dallas Codes and Standards Committee November 28, 2018 - Denton Community Development Alliance December 3, 2018 – Denia Neighborhood Meeting February 13, 2019 - Denton Community Development Alliance February 18, 2019 - Denton Community Development Alliance EXHIBITS 1.Agenda Information Sheet Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Ron Menguita, AICP Principal Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-574,Version:1 AGENDA CAPTION DeliberationsregardingRealProperty-UnderTexasGovernmentCodeSection551.072;Consultationwith Attorneys - Under Texas Government Code Section 551.071. Discuss,deliberate,andreceiveinformationfromstaffandprovidestaffwithdirectionpertainingtothe potentialacquisitionofrealpropertyinterestsgenerallylocated(i)inthe800blockofEagleDr.,(ii)Ave.H betweenW.HickorySt.andW.PrairieSt.,(iii)W.PrairieSt.betweenS.BonnieBraeSt.andNorthTexas Blvd.,(iv)StellaSt.betweenS.BonnieBraeSt.andNorthTexasBlvd.;(v)NorthTexasBlvd.betweenStella St.andEagleBlvd.,(vi)MapleSt.betweenS.LocustSt.andAve.C,(vii)FaninnSt.betweenS.Ave.Band BernardSt.,(viii)S.AveB.fromMapleSt.toUnderwoodSt.,(ix)BernardSt.betweenEagleBlvd.and CollinsSt.,(x)CarrollBlvd.betweenEagleDr.andW.CollinsSt.,(xi)W.CollinsSt.betweenS.Ave.Aand CarrollBlvd.,(xii)MyrtleSt.betweenFortWorthDr.andMapleSt.(xiii)PierceSt.betweenMapleSt.and StroudSt.,(xiv)EagleDr.betweenS.LocustSt.andAve.C,(xv)FortWorthDr.betweenW.CollinsSt.and MapleAve.allintheCityofDenton,DentonCounty,Texas.ConsultationwiththeCity’sattorneysregarding legalissuesassociatedwiththepotentialacquisitionorcondemnationoftherealpropertyinterestsdescribed abovewhereapublicdiscussionoftheselegalmatterswouldconflictwiththedutyoftheCity’sattorneysto theCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessionalConductof theStateBarofTexas,orwouldjeopardizetheCity’slegalpositioninanyadministrativeproceedingor potential litigation. (Electric distribution and transmission lines and Eagle substation) City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-808,Version:1 AGENDA CAPTION DeliberationsregardingEconomicDevelopmentNegotiations-UnderTexasGovernmentCodeSection 551.087. ReceiveareportandholdadiscussionregardingtheofferofafinancialorotherincentivetoSallyBeauty Company.Thisdiscussionshallincludecommercialandfinancialinformation,includinganeconomic developmentapplication,theCityhasreceivedfromSallyBeautyCompany,abusinessprospectwhichtheCity Councilseekstohavelocate,stay,orexpandinorneartheterritoryofthecity,andwithwhichtheCityCouncil is conducting economic development negotiations. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-086,Version:1 AGENDA CAPTION ConsideradoptionofanOrdinanceoftheCityofDentonauthorizingtheCityManager,orhisdesignee,to executeaPoleAttachmentLicenseAgreementbetweentheCityofDenton,aTexas-HomeRuleMunicipal Corporation,andMCImetroAccessTransmissionServicesCorp.,aDelawareCorporation;and,providingfor an effective date. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Denton Municipal Electric City Manager: Todd Hileman DATE: April 9, 2019 SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Pole Attachment License Agreement between the City of Denton, a Texas-Home Rule Municipal Corporation, and MCImetro Access Transmission Services Corp., a Delaware Corporation; and, providing for an effective date. BACKGROUND On September 20, 2016 the Denton City Council approved Ordinance 16-1146 which provided legal and technical stipulations associated with a telecommunications company’s request to attach to existing Denton Municipal Electric poles. Utilizing the approved City of Denton pole attachment framework, MCImetro Access Transmission Services has requested access to DME’s poles to install future wired pole attachments. MCImetro Access Transmission Services, LLC, located at 400 International Parkway in Richardson, Texas, approached DME requesting an agreement to use DME’s poles to extend fiber and provide large bandwidth communication services to future contracted commercial or large corporations that reside within the City of Denton. They also indicated that any new communication infrastructure installed could potentially also serve as backbone segments for the Verizon Wireless’ 5G system. This Pole Attachment Agreement with MCImetro Access Transmission Services, LLC is for wired pole attachments only. Any future wireless pole attachments would be covered under a separate wireless agreement with the City of Denton. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on April 8, 2019. EXHIBITS Agenda Information Sheet Ordinance Respectfully submitted: George Morrow General Manager, Denton Municipal Electric Prepared by: Jerry Fielder, P.E. Division Engineering Manager - Distribution Denton Municipal Electric EXHIBIT “A” City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-684,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionallowingProfest,Inc.tosellalcoholicbeveragesattheDentonArts&Jazz Festival,whichwillbeheldonFriday,April26,from10:00p.m.tomidnight,throughSunday,April28,2019, from11:00a.m.to10:00p.m.,attheQuakertownParkuponsatisfyingcertainconditions;authorizingtheCity Manager,orhisdesignee,toexecuteanagreementinconformitywiththisresolution;andprovidingforan effective date. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Antonio Puente, Jr. Interim ACM DATE: April 9, 2019 SUBJECT Consider approval of a resolution allowing Profest, Inc. to sell alcoholic beverages at the Denton Arts & Jazz Festival, which will be held on Friday, April 26, from 10:00 p.m. to midnight, through Sunday, April 28, 2019, from 11:00 a.m. to 10:00 p.m., at the Quakertown Park upon satisfying certain conditions; authorizing the City Manager, or his designee, to execute an agreement in conformity with this resolution; and providing for an effective date. BACKGROUND th The 38 Annual Denton Arts & Jazz Festival is organized by the Denton Festival Foundation, a nonprofit 501(c)(3) organization, that serves to showcase professional and amateur musicians, artists, and performers. This festival is held at Quakertown Park on Friday, April 26, and Saturday, April 27, from 10 a.m. to midnight, and Sunday, April 28, 2019, from 11 a.m. to 10 p.m. This free festival includes over 2,700 performers, local and statewide vendors, children's activities, art exhibits, 250 booths, and seven stages with various entertainers. Event organizers anticipate 225,000 in attendance. The Denton Festival Foundation is requesting permission to sell beer and wine and has partnered with ProFest, Inc. ProFest, Inc. will be responsible for rental of the booth space, obtaining the temporary license for selling alcohol, securing the temporary permit for selling alcohol, and providing comprehensive liability insurance in the amount of $500,000. In addition, the Denton Festival Foundation agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Arts & Jazz Festival. The Denton Arts & Jazz Festival will have police security at the event. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On Feb. 5, 2018, the Parks, Recreation and Beautification Board confirmed approval 5-0 for ProFest, Inc. to sell alcoholic beverages for three consecutive years (2017, 2018, 2019); and on March 20, 2018, the City Council approved to allow ProFest, Inc. to sell alcoholic beverages at the Denton Arts & Jazz Festival under Resolution 18-398. FISCAL N/A EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance and Contract Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Events Supervisor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-688,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,approvingaCityco-sponsorshipinanamountnotto exceed$196,000ofin-kindservicesandresourcesfortheDentonArts&JazzFestivaltobeheldonFriday, April 26, through Sunday, April 28, 2019, at the Quakertown Park; and providing an effective date. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Antonio Puente, Jr. Interim ACM DATE: April 9, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, approving a City co-sponsorship in an amount not to exceed $196,000 of in-kind services and resources for the Denton Arts & Jazz Festival to be held on Friday, April 26, through Sunday, April 28, 2019, at the Quakertown Park; and providing an effective date. BACKGROUND th The 38 Annual Denton Arts & Jazz Festival is organized by the Denton Festival Foundation, Inc. a nonprofit 501(c)(3) organization, that serves to showcase professional and amateur musicians, artists, and performers. This festival is held at Quakertown Park on Friday, April 26, and Saturday, April 27, from 10:00 a.m. to midnight, and Sunday, April 28, 2019, from 11:00 a.m. to 10:00 p.m. This free festival includes over 2,700 performers, local and statewide vendors, children's activities, art exhibits, 250 booths, and seven stages with various entertainers. Event organizers anticipate 225,000 in attendance. The Denton Festival Foundation, Inc. is requesting the City of Denton participate as a co-sponsor for in- kind services and resources for staff, equipment, supplies, facilities, security, park maintenance support, use of Denton Civic Center, Quakertown Park, and Denton Senior Center for the three-day event. In exchange for the support, the City of Denton will be considered an event co-sponsor at a level equal to the value of fees waived. RECOMMENDATION Staff recommends approval PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 20, 2018, City Council authorized a co-sponsorship not to exceed $165,000 under ordinance 18-400. FISCAL INFORMATION The following fees represent the value of in-kind services, personnel, and resources not to exceed $196,000. Parks and Recreation Department $34,720 Value based on the rental fees for Quakertown Park, Denton Civic Center, and Senior Center. $19,166 Value based on the cost of supplies and equipment needed to provide in-kind services. $44,471 Value based on 2018 actual expenses for regular and overtime personnel hours. Police Department $66,142 Value based on 2018 actual expenses for regular and overtime personnel hours. Solid Waste Department $7,778 Value based on 2018 actual expenses for trash and recycling services. Fire Department $17,760 Value based on 2019 invoice estimate. Including this event, the City Council will have authorized a total of $231,378 in co-sponsorship support for eight community events in the current fiscal year. A provision added to the Co-sponsorship Letter alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting of their events. All co-sponsorships where City facilities or services are requested for free or at a reduced rate require City Council approval. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Sponsorship Approval Letter Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Event Supervisor IN-KIND SUPPORT PERSONNEL HOURS | Based on 2018 Actuals Actual Event Hours Rate Fire Dept.TOTAL HOURS Incident Command Officer (Paramedic)39$6039 Paramedic Stand By Fee24$6024 Pre-Event HoursActual Event Hours Parks and RecTOTAL HOURS źƒĻ /ƚķĻwĻŭǒƌğƩhǝĻƩƷźƒĻwĻŭǒƌğƩhǝĻƩƷźƒĻ Park Maintenance519.0015.50195.50382.751,112.75 Civic Center120.00225.00345.00 Temp Labor112.00112.00 Senior Center25.0025.00 Total Parks and Rec Hours 1,594.75 Actual Event Hours Police Dept.TOTAL HOURS źƒĻ /ƚķĻwĻŭǒƌğƩhǝĻƩƷźƒĻ Police Officers1,109.751,109.75 Total Police Hours 1,109.75 ALL PERSONNEL EXPENSES | Based on 2018 Actuals Pre-Event Time AllocationActual Event Expenses Parks and RecTOTAL źƒĻ /ƚķĻwĻŭǒƌğƩwĻŭǒƌğƩhǝĻƩƷźƒĻ Park Maintenance$16,267.50$5,865.00$17,223.75$39,356.25 Civic Center$1,200.00$3,375.00$4,575.00 Temp Labor $1,454.88$1,454.88 Senior Center$540.00$540.00 Total Expenses$45,926.13 Actual Event Expenses Police Dept.TOTAL źƒĻ /ƚķĻwĻŭǒƌğƩ hǝĻƩƷźƒĻ Police Officers$66,142.00$66,142.00 Total Expenses$66,142.00 Fire Dept.Actual Event Expenses TOTAL Incident Command Officer (Paramedic)$2,340.00 Paramedic Stand By Fee$15,420.00 $17,760.00 PARKS AND REC FACILITY RENTALS | Based on Fee Ordinance Rental FeesHoursHourly FeeDaysDaily FeeTOTAL Senior Center25$80.00$2,000.00 Civic Center (Mon-Fri)5$1,360.00$6,800.00 Civic Center (Sat-Sun)2$1,760.00$3,520.00 Quakertown Park (North)7$1,500.00$10,500.00 Quakertown Park (South)7$1,500.00$10,500.00 Total Fees Waived$33,320.00 Cleaning ExpensesDaysDaily FeeTOTAL Civic Center3$400$1,200.00 Senior Center1$200$200.00 Total Cleaning Expenses$1,400.00 PARKS AND REC EQUIPMENT | Based on 2018 FEMA Schedule of Equipment Rates Schedule of Equip.HoursService RateRental FeeTOTAL Boom Lift Rental$927.15$927.15 1 Ton Truck26.5$26.00$689.00 3/4 Ton Truck14$22.73$318.22 1/2 Ton Truck2.5$19.45$48.63 Utility Vehicles176$22.00$3,872.00 Total of Rental and FEMA's Schedule of Equipment Rates for 2018$5,855.00 PARKS AND REC SUPPLIES | Based on 2018 Actuals Supply DescriptionsUnitsCost per UnitTOTAL 55 Gal. Refuse Trash Bags40$37.26$1,490.40 Latex Gloves24$6.48$155.52 Blue Trash Bags1$60.00$60.00 Hats12$10.26$123.12 Safety Glasses36$6.48$233.28 Hand Sanitizer48$2.25$108.00 Toilet Paper6$56.65$339.90 Multi-Fold Paper Towels4$43.51$174.04 Spray Bottles6$2.12$12.72 Gallons of Soap8$10.63$85.04 PowerAde9$20.19$181.71 Mulch36$10.50$378.00 Grease Containers12$31.25$375.00 Trash Reachers20$17.59$351.80 Cable Ties and Plywood$259.46 Ace Hardware - Copies of Keys$30.00 Portable Fencing$3,931.25 Irrigation Supplies$209.26 Additional Mulch$252.00 55 Gallon Drums$2,437.98 Table and Chair Rentals$667.40 Total Supply Expenses$11,855.88 SOLID WASTE SERVICES | Based on 2018 Actuals Open Top ServiceQuantityService RateTOTAL Rentals8$38.97$311.76 Deliveries8$75.00$600.00 Delivered six for trash and six for recycling $911.76 Total Removal ServiceTonsCost per TonDisposal FeeHaul FeeTOTAL Trash 030-1611.75$40.00$70.00$275.00$345.00 Trash 030-2231.98$40.00$79.20$275.00$354.20 Trash 030-1862.07$40.00$82.80$275.00$357.80 Trash 030-3451.65$40.00$66.00$275.00$341.00 Trash 030-0210.15$40.00$6.00$275.00$281.00 Trash 030-1662.10$40.00$84.00$275.00$359.00 Trash R30-0550$40.00$0.00$275.00$275.00 Trash R30-0070$275.00 Recycle R30-0550.036 Recycle R30-0070.784 Recycle SW17461.762 Total12.282$2,588.00 Recycling ServicesQuantityService RateTOTAL Deliveries15$75.00$1,125.00 Rentals15$18.67$280.00 Co-mingled Charge15$191.60$2,874.00 Total$4,279.00 Total City Co-sponsorship Investment$190,037.77 Exhibit3 City of Denton Parks and Recreation Department 601 E. Hickory St., Suite B, Denton, TX 76201 (940) 349-7275 April 9, 2019 Mr. Kevin Lechler Assistant Director Denton Festival Foundation, Inc Dear Mr. Lechler: On April 9, 2019, your co-sponsorship request was approved by City Council in an amount not to exceed $196,000 of in-kind services and resources provided by the City of Denton for the Denton Arts & Jazz Festival to be held at Quakertown Park, Denton Senior Center, and the Denton Civic Center on Friday, April 26, through Sunday, April 28, 2019, conditioned upon your compliance with the conditions set forth below. The City of Denton is proud to be a co-sponsor in of support to the festival as outlined below. As part of the approval process, City Council may request to see a report of revenues and expenses for the 2019 Denton Arts & Jazz Festival included in future requests. The following is a summary of in-kind support and the co-sponsorship role assumed by the City of Denton and the Denton Festival Foundation. City of Denton Police, Fire, Solid Waste and Parks and Recreation Departments Parks and Recreation Department $34,720 Value based on the rental fees for Quakertown Park, Denton Civic Center, and Senior Center. $19,166 Value based on the cost of supplies and equipment needed to provide in-kind services. $44,471 Value based on 2018 actual expenses for regular and overtime personnel hours. Police Department $66,142 Value based on 2018 actual expenses for regular and overtime personnel hours. Solid Waste Department $7,778 Value based on 2018 actual expenses for trash and recycling services. Fire Department $17,760 Value based on 2019 invoice estimate. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 In consideration of the above in-kind support, Denton Festival Foundation (hereby after also agrees to the following conditions: 1. Event organizers will provide all planning, management, and organization for the event. 2. Event organizers will submit a completed Special Event Application with a layout of the vendor locations, public safety plan, site map, litter, recycling agreement, and schedule of events to the Special Events Supervisor prior to the event. 3. Event organizers are responsible for securing all permits, licenses, insurance, and approvals necessary to host the event as stated in permit applications. The Special Events Supervisor will provide information to help facilitate these processes if needed. 4. Event organizers assume all liability whatsoever in connection with the Denton Arts & Jazz Festival, including but not limited to any damages to City property, whatever the cause, while hosting this event, and agrees to reimburse the City for reparations within thirty (30) calendar days of receipt of a notice/invoice. 5. Event organizers will promote the event as a "Litter Free Event" in accordance to Resolution R2008-004 for events held on City property and agree to promote recycling and ensure that Denton parks are free from litter resulting from the event. 6. Event organizers will charge and collect all Park Vendor Fees consistent with the City of Denton ordinance and remit these fees within five working days after the event. 7. Event organizers and vendors are responsible for their own set-up and take-down, including tents, lighting, etc., before and after the event. The City will not provide labor for vendors. 8. The City of Denton will be recognized as a co-sponsor at the appropriate level in promotional and advertising materials. Use of the City logo must be submitted to the Special Events Supervisor for approval from the Parks and Recreation Department. The City of Denton is excited about the Denton Arts & Jazz Festival and its continued success. Sincerely, Jennifer Eusse Special Events Supervisor I hereby state that I am a duly authorized representative with the power to agree to the foregoing conditions required for a City of Denton co-sponsorship and hereby do agree to the conditions. ____________________________________ __________________________ Kevin Lechler, Assistant Director Date Denton Festival Foundation 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-689,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,grantingtheDentonFestivalFoundation,Inc. pursuanttoSection17-20oftheCityofDentonCodeofOrdinances,anoiseexceptionfortheDentonArts& JazzFestival,whichwillbeheldonFriday,April26,andSaturday,April27,from10:00p.m.tomidnight;and Sunday,April28,2019,from11:00a.m.to10:00p.m.attheQuakertownPark;grantingavarianceinhoursof operation for amplified sound levels for an outdoor music festival; and providing an effective date. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Antonio Puente, Jr. Interim ACM DATE: April 9, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, granting the Denton Festival Foundation, Inc. pursuant to Section 17-20 of the City of Denton Code of Ordinances, a noise exception for the Denton Arts & Jazz Festival, which will be held on Friday, April 26, and Saturday, April 27, from 10:00 p.m. to midnight; and Sunday, April 28, 2019, from 11:00 a.m. to 10:00 p.m. at the Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. BACKGROUND Kevin Lechler, Assistant Director of the Denton Arts & Jazz Festival, requests an exception to the noise ordinance for a variance in hours of operation for amplified sound levels on Friday, April 26, and Saturday, April 27, from 10:00 p.m. to midnight and on Sunday, April 28, 2019 from 11:00 a.m. to 10:00 p.m. This is the 38th annual Denton Arts & Jazz Festival. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On March 20, 2018, City Council approved an exception to the noise ordinance for the Denton Arts & Jazz Festival under Ordinance 18-399. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Event Supervisor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-691,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,accepting competitivebidsandawardingacontractforthesupplyofRights-of-WayandPrivatePropertyMaintenancefor variousCityofDentondepartments;providingfortheexpenditureoffundstherefor;andprovidinganeffective date(IFB-6980awardedtothelowestresponsivebidderforeachlineitem:SectionIforthesupplyof enhancedright-of-waymaintenanceservicesawardedtoWattsEllison,LLCdbaD&DCommercialLandscape Managementinatotalnot-to-exceedamountof$1,057,980,SectionIIforthesupplyofprivateproperty maintenanceservicesawardedtoFreedomCommercialServices,LLC.,inatotalnot-to-exceedamountof $105,000, in a total three (3) year, not-to-exceed amount of $1,162,980). City of DentonPage 1 of 1Printed on 4/5/2019 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: April 9, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, accepting competitive bids and awarding a contract for the supply of Rights-of-Way and Private Property Maintenance for various City of Denton departments; providing for the expenditure of funds therefor; and providing an effective date (IFB - 6980 awarded to the lowest responsive bidder for each line item: Section I for the supply of enhanced right-of-way maintenance services awarded to Watts Ellison, LLC dba D&D Commercial Landscape Management in a total not-to-exceed amount of $1,057,980, Section II for the supply of private property maintenance services awarded to Freedom Commercial Services, LLC., in a total not-to-exceed amount of $105,000, in a total three (3) year, not-to-exceed amount of $1,162,980). IFB INFORMATION /BACKGROUND The City of Denton Community Improvement Services Division is authorized by law to abate private property nuisance violations not abated by property owners. To that end, the City awards the Property Maintenance contract to a vendor. The contractor selected in the recent bid process was Freedom Commercial Services, LLC. Per City code, Freedom Commercial Services, LLC, will mow, weed eat and edge parcels with grass and weeds growing in excess of 12, remove trash and debris from parcels, secure vacant and open structures, and abate other property maintenance violations as permitted by code. The Enhanced Right-of-Way Maintenance Program was established by Council to provide an implementation plan for regular, standardized and elevated maintenance on entryways, commercial corridors, major thoroughfares and other unmaintained highly-visible public lands throughout the City. The Community Improvement Services Division manages the Enhanced Right-of-Way Maintenance contract. The contractor selected in the recent bid process was Watts Ellison, LLC dba D&D Commercial Landscape Management. Watts Ellison, LLC dba D&D Commercial Landscape Management will mow, weed eat and edge, and remove trash, debris, and signage from rights-of-way in regularly scheduled maintenance cycles on designated roadways and public lands in the corporate city limits of Denton. The services outlined in this contract are not performed on an established cyclical basis but rather on an as-needed basis with the highest workload occurring historically between the months of April and October. Invitation for Bids was sent to 57 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. Four (4) bids were received. The awarded vendor for each item is highlighted on the bid tabulation (Exhibit 3). RECOMMENDATION Award a contract for Section I for the supply of enhanced right-of-way maintenance services awarded to Watts Ellison, LLC dba D&D Commercial Landscape Management in a three (3) year total not-to-exceed amount of $1,057,980, Section II for the supply of private property maintenance services awarded to Freedom Commercial Services, LLC., in a three (3) year total not-to-exceed amount of $105,000. This amount is based on the purchase history for items included in the IFB, but quantities will vary depending on needs as they arise. PRINCIPAL PLACE OF BUSINESS Freedom Commercial Services, LLC Watts Ellison, LLC Denton, TX dba D&D Commercial Landscape Management Dallas, TX ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION These services will be funded out of the Community Improvement Services general fund account 330001.7886 for section I and account 330001.7879 for section II. The approved funding for FY18-19 is $374,077. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: LLC Members Exhibit 3: Bid Tabulation Exhibit 4: Ordinance and Contracts Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lancine Bentley at 940-349-7489. Legal point of contact: Mack Reinwand at 940-349-8333. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SUPPLY OF RIGHTS-OF-WAY AND PRIVATE PROPERTY MAINTENANCE FOR VARIOUS CITY OF DENTON DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB - 6980 AWARDED TO THE LOWEST RESPONSIVE BIDDER FOR EACH LINE ITEM: SECTION I FOR THE SUPPLY OF ENHANCED RIGHT-OF-WAY MAINTENANCE SERVICES AWARDED TO WATTS ELLISON, LLC DBA D&D COMMERCIAL LANDSCAPE MANAGEMENT IN A TOTAL NOT-TO-EXCEED AMOUNT OF $1,057,980, SECTION II FOR THE SUPPLY OF PRIVATE PROPERTY MAINTENANCE SERVICES AWARDED TO FREEDOM COMMERCIAL SERVICES, LLC, IN A TOTAL NOT-TO-EXCEED AMOUNT OF $105,000, IN A TOTAL THREE (3) YEAR, NOT-TO-EXCEED AMOUNT OF $1,162,980). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID SECTION NUMBER NUMBER VENDOR AMOUNT 6980 I Watts Ellison, LLC, $1,057,980 dba D&D Commercial Landscape Management 6980 II Freedom Commercial Services, LLC $105,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-693,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theapprovalofthefirstamendmenttoaProfessionalServicesAgreementbetweentheCityofDentonand AncorInformationManagement,LLC,dbaUtilitec,forutilityprintingandmailingservices,amendingthe contractapprovedbyCityCouncilonOctober20,2015,inthenot-to-exceedamountof$1,300,000;saidfirst amendmenttoprovidecontinuedbilling,printingandmailingservicesoftheCityofDenton’sutilitybills; providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP5815-extendingthe contracttoApril20,2020,andprovidingforanadditionalexpenditureamountnot-to-exceed$325,000,fora total contract amount not-to-exceed $1,625,000). City of DentonPage 1 of 1Printed on 4/5/2019 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: April 9, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of the first amendment to a Professional Services Agreement between the City of Denton and Ancor Information Management, LLC, dba Utilitec, for utility printing and mailing services, amending the contract approved by City Council on October 20, 2015, in the not-to-exceed amount of $1,300,000; said first amendment to provide continued billing, printing and mailing services of the City of ; providing for the expenditure of funds therefor; and providing an effective date (RFP 5815 extending the contract to April 20, 2020, and providing for an additional expenditure amount not- to-exceed $325,000, for a total contract amount not-to-exceed $1,625,000). INFORMATION /BACKGROUND Customer Service department calculates and produces approximately 641,000 bills annually for the various utilities and miscellaneous City services provided. In order to provide high-quality billing services while maintaining low costs, the City of Denton outsources the production and mailing of and miscellaneous bills. Customer Service is currently actively engaged in the RFP review and selection process to award a new vendor contract. The current RFP process is not anticipated to be completed until June and would still require implementation and testing should the contract be awarded to a new vendor. Since 2009, Ancor Information Management, LLC., dba Utilitec (Utilitec)The existing contract with Utilitec is set to expire effective April 20, 2019. Upon contract expiration, City of Denton would be unable to produce and mail utility bills until which time a new vendor is selected and implementation is complete. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 20, 2015, City Council approved the Contract for Utility Bill Printing and Mailing Services (Ordinance 2015-316). On April 8, 2019, this item will be presented to the Public Utilities Board (PUB) for recommendation to the City Council for consideration. RECOMMENDATION Award a contract extension with Utilitec, to allow for continued production and mailing of utility bills under the current terms and costs of service, in a one (1) year not-to-exceed amount of $325,000, for a total contract amount not-to-exceed $1,625,000. PRINCIPAL PLACE OF BUSINESS Ancor Information Management, LLC, dba Utilitec Troy, MI ESTIMATED SCHEDULE OF PROJECT This is a one (1) year contract extension. FISCAL INFORMATION These services will be funded from Outside Contract Services, account 870100.7879. Purchase Order # 187034 will be increased in the amount of $325,000 upon approval. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: LLC Members Exhibit 4: Ordinance and Amendment Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Tiffany Thomson at 940-349-7401 Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-790,Version:1 AGENDA CAPTION Consider approval of a resolution of the City of Denton supporting legislation that would allow to-go retail sales at Texas breweries, of ale and beer produced on the brewer’s or manufacturer’s premises, in the 86th Texas Legislature; and providing an effective date. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs / IGR CM/ DCM/ ACM: Todd Hileman, City Manager DATE: April 9, 2019 SUBJECT Consider approval of a resolution of the City of Denton supporting legislation that would allow to-go retail sales at Texas breweries, of ale and beer produced on the 86th Texas Legislature; and providing an effective date. BACKGROUND Texas law related to alcoholic beverage production and sales is not the same for breweries, wineries, and distilleries. One significant difference is that Texas breweries license are not allowed to sell retail to-go products directly to customers, while wineries and distilleries are. Texas breweries can only sell beer for consumption on their physical premises, or through a distributor for sale at other retail and restaurant outlets. Under current state law, manufacturing breweries that produce less than 225,000 barrels of beer a year can sell up to 5,000 barrels for on- law, rather than a manufacturing brewery, which allows to-go retail sales. However, brewpubs are significantly more limited in the amount of beer that can be manufactured on site. These limits do not exist for wineries and distilleries. DISCUSSION Denton is home to one brewery that is restricted by the current law, while other breweries have operated in Denton in the recent past or have contemplated opening in Denton. These businesses represent contributors to the local economy and generate tourism through direct on-premise sales and through hosting other events (concerts, private parties, fundraisers, etc.). Legislation that allows manufacturing breweries to sell to-go retail products directly to customers can further enhance their revenue streams, helping them to become more financially viable, and increasing their local economic impact. Two bills have been filed Senate Bill 312 and House Bill 672 which aim to address this issue. The authors of these bills have stated they plan to substitute language into the bills in their respective committees that would allow consumers to purchase up to two cases per day from manufacturing breweries for off- premise consumption. Trade groups from brewers, manufacturers, and wholesalers have been negotiating as to what language will be incorporated into the substitute bills. Because negotiations are still ongoing, staff recommends Council pass a resolution of support regarding the issue in general, as opposed to the specific bills, as the language of the bills has yet to be finalized. PRIOR ACTION/REVIEW (Council, Boards, Commissions) EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 Senate Bill 312 and House Bill 672 Respectfully submitted: Sarah Kuechler Director of Public Affairs Jessica Rogers Deputy Director of Public Affairs Rodriguez of TravisH672 By:AA______________________.B.ANo.A_____ ABILLTOBEENTITLED 1ANACT 2relatingtothesaleofaleandbeerbycertainbrewersand 3manufacturerstoultimateconsumersforconsumptionoffthe 4brewersormanufacturerspremises. 5BEITENACTEDBYTHELEGISLATUREOFTHESTATEOFTEXAS: 6SECTIONA1.AASections12.052(a),(c),and(e),Alcoholic 7BeverageCode,areamendedtoreadasfollows: 8(a)AAInadditiontotheactivitiesauthorizedbySection 912.01,theholderofabrewerspermitwhoseannualproductionof 10ale,togetherwiththeannualproductionofbeerbytheholderofa 11manufacturerslicenseatallpremiseswhollyorpartlyowned, 12directlyorindirectly,bythepermitholderoranaffiliateor 13subsidiaryofthepermitholder,doesnotexceedatotalof225,000 14barrelsmaysellaleproducedonthebrewerspremisesunderthe 15permittoultimateconsumersonthebrewerspremisesfor 16responsibleconsumptiononthebrewerspremisesorfor 17off-premisesconsumption. 18(c)AASubjecttoSubsections(b),(d),and(e),theholderof 19abrewerspermitmaysellaleproducedonthebrewerspremises 20underthepermittoultimateconsumersonthebrewerspremisesfor 21responsibleconsumptiononthebrewerspremisesorfor 22off-premisesconsumptioneveniftheannualproductionlimit 23prescribedbySubsection(a)isexceededif: 24(1)AAthepermitholder: 86R4379BEE-F 1 1(A)AAwaslegallyoperatingamanufacturing 2facilitywithon-premisesalesunderSubsection(a)onFebruary1, 32017;or 4(B)AApurchasedanownershipinterestin,orwas 5purchasedbytheholderof,apermitorlicenseissuedunderChapter 612,13,62,or63;and 7(2)AAthepermitholderhasannualproductionthatdoes 8notexceed175,000barrelsatthebrewerspremises. 9(e)AAAholderofabrewerspermitwhounderSubsection(c) 10sellsaleproducedonthebrewerspremisesunderthepermitto 11ultimateconsumersonthebrewerspremisesforresponsible 12consumptiononthebrewerspremisesorforoff-premises 13consumption: 14(1)AAshallfileaterritorialagreementwiththe 15commissionunderSubchaptersCandD,Chapter102; 16(2)AAmustpurchaseanyalethepermitholdersellson 17thebrewerspremisesfromtheholderofapermitissuedunder 18Chapter19,20,or21;and 19(3)AAwithrespecttothosepurchases,mustcomplywith 20therequirementsofthiscodegoverningdealingsbetweena 21distributororwholesalerandamemberoftheretailtier, 22includingSection102.31. 23SECTIONA2.AASections62.122(a),(c),and(e),Alcoholic 24BeverageCode,areamendedtoreadasfollows: 25(a)AAAmanufacturerslicenseewhoseannualproductionof 26beer,togetherwiththeannualproductionofalebytheholderofa 27brewerspermitatallpremiseswhollyorpartlyowned,directlyor 86R4379BEE-F 2 1indirectly,bythelicenseholderoranaffiliateorsubsidiaryof 2thelicenseholder,doesnotexceed225,000barrelsmaysellbeer 3producedonthemanufacturerspremisesunderthelicenseto 4ultimateconsumersonthemanufacturerspremisesforresponsible 5consumptiononthemanufacturerspremisesorforoff-premises 6consumption. 7(c)AASubjecttoSubsections(b),(d),and(e),theholderof 8amanufacturerslicensemaysellbeerproducedonthe 9manufacturerspremisesunderthelicensetoultimateconsumerson 10themanufacturerspremisesforresponsibleconsumptiononthe 11manufacturerspremisesorforoff-premisesconsumptionevenifthe 12annualproductionlimitprescribedbySubsection(a)isexceeded 13if: 14(1)AAthelicenseholder: 15(A)AAwaslegallyoperatingamanufacturing 16facilitywithon-premisesalesunderSubsection(a)onFebruary1, 172017;or 18(B)AApurchasedanownershipinterestin,orwas 19purchasedbytheholderof,apermitorlicenseissuedunderChapter 2012,13,62,or63;and 21(2)AAthelicenseholderhasannualproductionthatdoes 22notexceed175,000barrelsatthemanufacturerspremises. 23(e)AAAholderofamanufacturerslicensewhounder 24Subsection(c)sellsbeerproducedonthemanufacturerspremises 25underthelicensetoultimateconsumersonthemanufacturers 26premisesforresponsibleconsumptiononthemanufacturers 27premisesorforoff-premisesconsumption: 86R4379BEE-F 3 1(1)AAshallfileaterritorialagreementwiththe 2commissionunderSubchaptersCandD,Chapter102; 3(2)AAmustpurchaseanybeerthelicenseholdersellson 4themanufacturerspremisesfromtheholderofalicenseissued 5underChapter64,65,or66;and 6(3)AAwithrespecttothosepurchases,mustcomplywith 7therequirementsofthiscodegoverningdealingsbetweena 8distributororwholesalerandamemberoftheretailtier, 9includingSections61.73and102.31. 10SECTIONA3.AAThisActtakeseffectSeptember1,2019. 86R4379BEE-F 4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-813,Version:1 AGENDA CAPTION Consider approval of a Resolution of the City Council of the City of Denton, Texas to ratify a letter of support for the University of North Texas Grant application to the Sloan Foundation to develop Ðan integrated low-cost, multi-scale air pollution monitoring, mapping, and modeling platformÑ previously sent on behalf of the Council Committee on the Environment; and providing an effective date. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Sustainability ACM: Mario Canizares DATE: April 9, 2019 SUBJECT Consider approval of a Resolution of the City Council of the City of Denton, Texas to ratify a letter of support for the University of North Texas Grant application to the Sloan Foundation to develop “an integrated low-cost, multi-scale air pollution monitoring, mapping, and modeling platform” previously sent on behalf of the Council Committee on the Environment; and providing an effective date. BACKGROUND The City of Denton was requested by researchers at the University of North Texas (UNT) to provide a letter of support for an air quality research grant application. The grant application was due no later than April 1, 2019. The proposed research aims to meet several goals, including exploration of multiple calibration methods for low cost sensors including in-lab and machine learning techniques and the use of fine scale particulate matter data as a part of larger mapping and modeling analyses. Results of this integrated monitoring, modeling, and mapping analyses includes information that may be of value to the City’s current and future understanding of local air pollution dynamics. There is no cost to the City of Denton to support the grant. If the grant is awarded, UNT will coordinate citizen participation. The City may be asked to assist with locations for citizen workshops, similar to support we provide and receive from UNT for multiple sustainability related projects. Staff provided information about the request for a letter of support to the Committee on the Environment on April 1, 2019, as a work session item. Following the presentation, the Committee recommended providing a letter of support, and staff provided the letter of support that afternoon to meet the submission deadline. Staff will keep the council informed of any developments regarding grant award. RECOMMENDATION Approve the Resolution ratifying a letter of support provided to the University of North Texas for a grant submission on April 1, 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 1, 2019 – City Council Committee on the Environment received a report about the grant proposal. An informal staff report containing details of the grant was provided to the City Council on the April 5, 2019. FISCAL INFORMATION None EXHIBITS 1. Agenda Information Sheet 2. Resolution Respectfully submitted: Kenneth Banks General Manager Utilities Prepared by: Katherine Barnett Sustainability & Customer Initiatives Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-640,Version:1 AGENDA CAPTION ConsideradoptionofanOrdinanceoftheCityofDentonauthorizingtheCityManager,ordesignee,toexecute aconfidentialityandnon-disclosureagreementbetweentheCityandHelenaWind,LLC.,andaconfidentiality andnon-disclosureagreementbetweentheCityandOnPeakPower,LLC;providingforaseverabilityclause; and providing for an effective date. City of DentonPage 1 of 1Printed on 4/5/2019 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: April 9, 2019 SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager, or designee, to execute a confidentiality and non-disclosure agreement between the City and Helena Wind, LLC., and a confidentiality and non-disclosure agreement between the City and OnPeak Power, LLC; providing for a severability clause; and providing for an effective date. BACKGROUND Helena and OnPeak are respondents to a request for renewable energy proposals advertised by the City. Denton Municipal Electric along with the City Materials Management Department is in the process of evaluating proposals that resulted from the solicitation. In order to proceed with further evaluations DME will need to receive additional detailed information that these companies consider proprietary and commercially sensitive. Both Helena and OnPeak are willing to continue discussions with the provision that confidentiality agreements are executed. Entering into these agreements is the only avenue that will allow DME to further explore the merits of these proposals. RECOMMENDATION Staff recommends approval of the attached Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on April 8, 2019. FISCAL INFORMATION Neither the Ordinance nor the confidentiality agreement obligate Denton Municipal Electric to make renewable energy purchases or other financial commitments. Financial obligations, if any, will be evidenced in one or more future Power Purchase Agreements that will be presented to the City Council for approval. EXHIBITS 1. Agenda Information Sheet 2. Ordinance Respectfully submitted: George Morrow DME General Manager Prepared by: Smith Day Compliance Manager Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit B Exhibit B Exhibit B Exhibit B Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-678,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractwithTheO’HaverCompany,Ltd.dbaO’HaverContractors,forthe constructionofanewFireStation#3locatedatthecornerofMcCormickStreetandUnderwood Street;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP6899-awardedto The OÓHaver Company, Ltd. dba OÓHaver Contractors in the not-to-exceed amount of$6,298,000). City of DentonPage 1 of 1Printed on 4/5/2019 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: April 9, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract Contractors, for the construction of a new Fire Station #3 located at the corner of McCormick Street and Underwood Street; providing for the expenditure of funds therefor; and providing an effective date (RFP 6899 - awarded to in the not-to-exceed amount of $6,298,000). RFP INFORMATION /BACKGROUND The reconstruction of Fire Station 2, Fire Station 3, and Fire Station 4 were approved as part of the 2014 of a Fire Department Facilities Study completed in January 2013 that planned for Station 4 to be constructed to accommodate an Engine and a Medic Unit. The 2013 Facilities Study scoped a larger facility for the reconstruction of Fire Station 3. The facility was scoped to house the existing Engine Company, Medic Unit, and Aircraft Fire Rescue Truck, in addition to a future aerial Ladder Truck, currently unfunded, and second Battalion Chief, also currently unfunded. This scope was included in presentations to the Citizens Bond Committee and subsequently to City Council. The proposed accommodation of an additional Ladder Truck was part of the Facilities Study as it addresses an 2014 Bond Proposal because staff plans for the new station to be operational in excess of fifty years and adequately serve reasonable expansion projections. Kirkpatrick Architecture Studio designed the City of Denton Fire Stations 1, 2, 3, 4 and 7. Kirkpatrick has demonstrated excellent qualifications in the design of fire stations and has a long, successful, and proven performance history with the City of Denton. A fire station is a civic statement, and the design should reflect a cost-effective The selection of materials, products, and systems should be based on reasonable initial cost and a cost- effective life cycle. All Denton Fire/Rescue Department facilities should be designed to a 50-year building life with minimal requirements for routine maintenance and repair. Durable materials are of high importance. Sustainability will also be a high priority in the fire station design. Requests for Proposals were sent to 566 prospective contractors for these services. In addition, specifications were placed on the Materials Management website for prospective contractors to download and advertised in the local newspaper. Five (5) proposals were received and evaluated based upon published criteria including past performance, experience and qualification, probable performance, and price. Based upon this evaluation, Contractors was ranked the highest and determined to be the best value for the City (Exhibit 2). RECOMMENDATION Award a facility public works the construction of a new Fire Station #3 located at the corner of McCormick Street and Underwood Street, in a not-to-exceed amount of $6,298,000. PRINCIPAL PLACE OF BUSINESS San Antonio, TX ESTIMATED SCHEDULE OF PROJECT This project will begin upon City Council approval and purchase order conversion. The entire construction project is anticipated to take three hundred sixty (360) days to complete. FISCAL INFORMATION This project will be funded from Capital 100194468 and 10019409. Requisition# 141851 has been entered into the Purchasing software system in the amount of $6,295,000. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Staff Presentation Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Jody Strickland at 940-349-7255. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-679,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractwithIntegratedComputerSystems,Inc.fortheimplementation, licensing,andvendorsupportforaComputerAidedDispatch(CAD)andLawEnforcementRecords ManagementSystem(RMS);providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate (RFP6400-awardedtoIntegratedComputerSystems,Inc.,forone(1)year,withtheoptionforfour(4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $3,090,863.53). City of DentonPage 1 of 1Printed on 4/5/2019 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: April 9, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Integrated Computer Systems, Inc. for the implementation, licensing, and vendor support for a Computer Aided Dispatch (CAD) and Law Enforcement Records Management System (RMS); providing for the expenditure of funds therefor; and providing an effective date (RFP 6400 - awarded to Integrated Computer Systems, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $3,090,863.53). RFP BACKGROUND INFORMATION The City of Denton operates and manages a public safety computer-aided dispatch/records management system (CAD/RMS), which services the City of Denton Police Department, Fire Department, and 911 Dispatch as well as internal and external agency partners. CAD/RMS is software installed on computers which facilitates the systematic tracking, processing, disposition and necessary reporting of police, fire and animal services calls. CAD/RMS allows dispatchers to keep track of calls pending, as well as the location and availability of police and fire personnel throughout the city. It is the system which allows police and fire personnel in the field to access information from their vehicle computer. CAD/RMS allows staff to generate reports required internally, as well as comply with state and federal mandated reporting. The current CAD/RMS system has been operational for over seventeen (17) years and is at the end of its service life. It does not integrate well with new systems and technologies, provide customizable reports, or accurately track officer available time. There are professional standards and reporting expectations currently in effect and anticipated in the near future that the current CAD/RMS cannot accommodate such as Texas Police Chiefs Association (TPCAF) program, National Emergency Number Association (NENA) and National Fire Prevention Association (NFPA) standard for call processing. It is an outdated product being used and maintained according to industry practices and standards established in the 1990s. A review process was started in late 2017 starting with the appointment of an evaluation committee made up of Police, Fire, Technology Services and other relevant subject matter experts to research and evaluate products that could replace the existing CAD/RMS software known as Visionair. Requests for Proposals were sent to 602 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. Five (5) proposals were received. Four (4) proposals meeting specifications were evaluated based upon published criteria including price, delivery, performance, support capabilities, user evaluations and existing customer experience (Exhibit 2a). After the initial evaluations, the evaluation committee proceeded to interview and conduct software demonstrations of the top three firms, Superion, Central Square TriTech, and Integrated Computer Systems. During the evaluation process, two respondents (TriTech and Superion) were a part of an ownership merger of several companies to form a new entity known as CentralSquare. As a result, Superion no longer remained as a respondent. The remaining two (2) possible candidates were evaluated and demonstrations conducted. After viewing software demonstrations, conducting reference calls, performing on-site visits with DFW Airport and the City of Frisco in fall of 2018, the CAD RMS selection committee chose Integrated Computer Systems, Inc. (ICS) and Central Square as the two (2) finalists for the solution. Subsequently, the evaluation committee made a request for th technical clarifications, pricing explanations, and adjustments. The evaluation committee has finalized its evaluationhnical proposal and proposal. The evaluation committee ranked proposals and arrived at its ved on a combination of technical and cost factors (Exhibit 2b). Based on this process, the selection committee has selected Integrated Computer Systems, Inc. as City of Denton. ICS has been providing fully integrated and technologically advanced software solutions since 1974. They are centrally located in Dallas, Texas, providing a comprehensive and fully integrated public safety suite (Dispatch, Law, Fire, EMS, and Emergency Operations). ICS is currently used in Rowlett, Wylie, Collin sper, Frisco, Highland Village, and Flower Mound. Table 1 provides a listing of planned and reoccurring costs over 5 years. Table 1 Project Description 1 Year Base Cost & 1 Years 2-5 Total Year Maintenance Maintenance/Recurring Costs CAD $273,190.00 $145,635.86 $418,825.86 Mobile Data System $554,573.25 $295,636.88 $850,210.13 Interfaces $414,918.00 $177,183.05 $592,101.05 Law Enforcement RMS $471,668.00 $251,442.38 $723,110.38 (LERMS) Data Migration $42,500.00 N/A $42,500.00 Implementation/Project $49,200.00 N/A $49,200.00 Management Training $28,860.00 N/A $28,860.00 Other Costs (software $24,150.00 $21,750.00 $45,900.00 escrow & custom reports) $1,859,059.25 $891,648.17 $2,750,707.42 Total Contingency $278,858.88 $61,297.23 $340,156.10 $2,137,918.13 $952,945.40 $3,090,863.53 Contract Total RECOMMENDATION Award a contract with Integrated Computer Systems, Inc., for the implementation, licensing, and vendor support for a Computer Aided Dispatch (CAD) and Law Enforcement Records Management System (RMS), in the five (5) year not-to-exceed amount of $3,090,863.53. PRINCIPAL PLACE OF BUSINESS Integrated Computer Systems, Inc. McKinney, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year periods, with all terms and conditions remaining the same. The individual project expenditures will occur throughout the five-year contract period. FISCAL INFORMATION This project will be funded from project jobcost account 100228409.1360.30100. Requisition #142097 has been entered into the Purchasing software system in the amount of $1,859,059.25 for Fiscal Year 2018- 2019. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Evaluation Tabs Exhibit 3: Staff Presentation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Melissa Kraft at 940-349-7823. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-772,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:BoardofEthics, Committee on Persons with Disabilities, Health & Building Standards Commission, and Public Art Committee. City of DentonPage 1 of 1Printed on 4/5/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: ACM: Mario Canizares DATE: April 9, 2019 SUBJECT Consider nominations/appointments to the Citys Boards, Commissions, and Committees: Board of Ethics, Committee on Persons with Disabilities, Health & Building Standards Commission, and Public Art Committee. BACKGROUND Exhibit 2 includes the vacancies for Boards, Commissions, and Committees along with nominations Council has submitted for consideration. Nominations made at this meeting can be voted on should the Council desire. Approval would be contingent on completion of the confirmation process. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Nominations Sheet Respectfully submitted: Rosa Rios City Secretary BO!2$ !.$ #/--)33)/. ./-).!4)/.3 Board #®´¢¨« -¤¬¡¤± Nomination Hudspeth Ronnie Mohair Board of Ethics Alternate Committee on Persons with Disabilities Duff Health & Building Standards Commission Ryan Public Art Committee Watts R Reappointment N New Nomination