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HomeMy WebLinkAbout2019-12-17 Agenda with BackupTuesday, December 17, 2019 City of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 12:00 PM Work Session Room & Council Chambers AMENDED 12-13-2019 WORK SESSION BEGINS AT 12:00 P.M. IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 17, 2019, at 12:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Aienda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of aienda items listed on this ncnda. 3. Work Session Reuorts A. ID 19-2802 Attachments: B. ID 19-2783 Attachments: C. ID 19-018 Receive a report, hold a discussion, and give staff direction regarding the development of the Hunter -Cole Ranch master planned community in southwest Denton. Exhibit 1 -Agenda Information Sheet Exhibit 2 - Staff Presentation MMD Agreements HW -Rev Exhibit 3 - Staff Presentation MPC & Land Uses -Rev Receive a report, hold a discussion, and give staff direction regarding the 2019-20 audit plan. Exhibit 1 -Agenda Information Sheet Exhibit 2 - Presentation Receive a report, hold a discussion, and give staff direction regarding proposed revisions to the Ethics Policy for all City of Denton employees. Page 1 Printed on 2118/2020 City Council Meeting Agenda December 17, 2019 Attachments: Exhibit 1 -Agenda Information Sheet Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 19-2975 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's attorneys on the status, strategy, and potential resolution of litigation in Cause No. DC -17-08139, styled "Michael Grim and Jim Maynard v. City of Denton, Texas" pending in the 68th Judicial District Court, Dallas County, Texas; where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position in pending litigation. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item scheduled for formal action at the Regular Meeting may be subject to a motion for reconsideration at any time during the meeting or after the meeting, up until the next succeeding official meeting of the Council. Page 2 Printed on 2118/2020 Exhibit 2 - Resolution 18-618 Exhibit 3 - Red -lined Ethics Policy Ref 10.00 Exhibit 4 - Memo from Police Chief Exhibit 5 - Memo from Fire Chief Exhibit 6 - Presentation D. ID 19-2485 Receive a report, hold a discussion, and give staff direction regarding the 2020 Denton Mobility Plan Update. Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Presentation E. ID 19-2258 Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) Resolution of support for businesses near UNT Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - UNT SGA Eminent Domain Resolution Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 19-2975 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's attorneys on the status, strategy, and potential resolution of litigation in Cause No. DC -17-08139, styled "Michael Grim and Jim Maynard v. City of Denton, Texas" pending in the 68th Judicial District Court, Dallas County, Texas; where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position in pending litigation. Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item scheduled for formal action at the Regular Meeting may be subject to a motion for reconsideration at any time during the meeting or after the meeting, up until the next succeeding official meeting of the Council. Page 2 Printed on 2118/2020 City Council Meeting Agenda December 17, 2019 REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. A. ID 19-2962 Willie Hudspeth regarding homelessness and statement about Confederate Statue on the Square. C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone" section, permits any person who is not registered for a citizen report to make comments about public business items not listed on the agenda. This section is limited to two open microphone speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a "Blue Card" requesting to speak during this period, prior to the calling of this agenda item. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 3. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Page 3 Printed on 2118/2020 City Council Meeting Agenda December 17, 2019 Agenda (Agenda Items A — U). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 19-2820 Consider approval of the minutes of December 2 and December 3, 2019. Attachments: Exhibit 1 - December 2, 2019 Minutes Exhibit 2 - December 3, 2019 Minutes B. ID 19-2867 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and the Denton African American Scholarship Foundation, Incorporated; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed two hundred and fifty dollars ($250); and providing for an effective date. Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Ordinance and Agreement C. ID 19-2868 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Giving Hope, Incorporated; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed five hundred dollars ($500); and providing for an effective date. Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Ordinance and Agreement D. ID 19-2903 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and POWER Engineers, Inc., amending the contract approved by City Council on October 9, 2018, in the not -to -exceed amount of $776,600; amended by Amendment 1 approved by the Purchasing Staff, said second amendment to provide services for CIP projects, where relay and control commissioning is required, for periodic NERC testing, meeting obligations of the Texas Municipal Power Agency (TMPA) Transmission Operator, Maintenance, and Construction Services Agreement; providing for the expenditure of funds therefor; and providing an effective date (File 6861 - providing for an additional second amendment expenditure amount not -to -exceed $604,800, with the total contract amount not -to -exceed $1,381,400). The Public Utilities Board recommends approval (7 - 0). Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Power Engineers Task List Exhibit 3 - Original Ordinance and Contract Exhibit 4 - Amendment 1 Exhibit 5 - Ordinance and Amendment 2 E. ID 19-2905 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, approving proposals from Ameri-Mex Contractors Inc., and authorizing the Page 4 Printed on 2118/2020 City Council Meeting Agenda December 17, 2019 expenditure of funds for the reconstruction of three (3) properties under the City of Denton Home Improvement Program; and providing an effective date (RFP 7142-2 -Amen*-Mex Contractors Inc., in the not -to -exceed amount of $519,035). Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Pricing Evaluations and Bid Sheets Exhibit 3 - Ordinance F. ID 19-2906 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Kronos Incorporated, through the US Communities Government Purchasing Alliance Contract #18220 for Automated Timekeeping and Attendance software, maintenance and purchase of licenses; providing for the expenditure of funds therefor; and providing an effective date (File 7144 - awarded to Kronos Incorporated, in the five (5) year not -to -exceed amount of $1,634,025). Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Professional Services Quote Exhibit 3 - Training Quote Exhibit 4 - Consulting Hours Quote Exhibit 5 - Renewal Quote Exhibit 6 - Ordinance G. ID 19-2907 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract through the City of Frisco Contract Number RFP #1303-035, for Healthcare Consulting Services regarding transparent pricing and quality metric for City of Denton employees; providing the expenditure of funds therefor; and providing an effective date (File 7250 - awarded to Alight Solutions, LLC, at the rate of $4.50 per employee per month, in the three (3) year not -to -exceed amount of $250,000). Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Fee Components Exhibit 3 - LLC Members Exhibit 4 - Ordinance H. ID 19-2926 Consider approval of a resolution of the City of Denton, Texas adopting the Human Services Advisory Committee recommendations to reallocate $42,000 in FY2019-20 Human Services Grant funds; and providing an effective date. Attachments: Exhibit 1 -Agenda Information Sheet Exhibit 2 - Resolution Exhibit 3 - Human Services Grant Allocation L ID 19-2923 Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a service agreement by and between Our Daily Bread and the City of Denton and providing for the expenditure of funds in an amount not to exceed $64,600 for Street Outreach in furtherance of the coordinated system of homeless Page 5 Printed on 2118/2020 City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CM: Todd Hileman DATE: December 17, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the development of the Hunter-Cole Ranch master planned community in southwest Denton. BACKGROUND Hunter-Cole Ranch is a proposed 6,000-acre master-planned development west of I-35 West and east of Robson Ranch. Hunter Ranch is represented by Hillwood Communities, and Cole Ranch is represented by Stratford Land. The proposed development is located within the city limits and is designated as a Master ildout is expected to occur over 40 years and is anticipated to include: 12,900 single family units 6,450 multifamily units 485 commercial acres 256 industrial acres. Because projects of this size require construction of significant public infrastructure, the developers will pay for the construction of such improvements and seek reimbursement through a Municipal Management District (MMD). An MMD is considered a governmental agency and a political subdivision of the state. The MMD finances public capital improvements and/or services by imposing property taxes, special assessments, and/or impact fees on property owners within the district who are benefiting from such improvements. With that source of revenue, and once the assessed value of the property is 10 times greater than the amount of debt to be issued, the MMD can issue bonds, which are then used to reimburse the developer for the up-front cost of the public improvements. On February 12, 2019, the Denton City Council passed resolutions of support for the creation of the -binding and provides the City of Denton the option, but not the obligation, to create the MMD. As a result, activation of the MMD will be contingent upon the Denton City Council passing a consent resolution. Accompanying the resolution will be operating and project agreements. The purpose of this work session is to answer questions posed by the City Council during the December 3, 2019 work session. In addition, staff will preview terms and provisions of the agreements that are being negotiated with the developers. ESTIMATED SCHEDULE OF PROJECT The proposed development is expected to occur over an estimated 40 years. PRIOR ACTION/REVIEW (Council, Boards, Commissions) January 15, 2019 Work session on Hunter-Cole Ranch presented to City Council February 5, 2019 Work session on Hunter-Cole Ranch presented to City Council February 12, 2019 Resolution of support and escrow agreement ordinance presented to City Council December 3, 2019 Work session on Hunter-Cole Ranch presented to City Council FISCAL INFORMATION The developers are funding an escrow agreement to conduct an independent fiscal impact analysis of the project and operational assessments by the City of Denton EXHIBITS 1. Agenda Information Sheet 2. Staff Presentation MMD & Agreements 3. Staff Presentation MPC & Land Uses Respectfully submitted: Todd Hileman, 349-8560 City Manager Prepared by: Ethan Cox, 349-7421 Director of Public Works taxes, the mot recent taxing authority separate from any other rict are subject to the taxes imposed by ist as drainage facilities and services available but the utility capacity available to the property. ty, approved by the voters and which have through the issuance of bonds payable in or ment of such bonds. As of this date, the rate of ize nti ct more of the specified facilities of the district and he standby fee is $_____. An unpaid standby fee y. Any person may request a certificate from the pay f t or ty, and these utility facilities are owned or to be trict has not yet levied ert s of a municipality may be dissolved by municipal dis per rie ________________________________Notary Public, State of Texas The total amount of bonds, excluding refunding bonds and any bonds or any portion of FORM OF NOTICE TO PURCHASERS . __________ §§§ This instrument was acknowledged before me on this the _____ day of __________, 20___, by ____________________. The real property, described below, that you are about to purchase is located in the ______________ District. The district hThe district has the authority to adopt and impose a standby fee on property in the district that has water, sanitary sewer, The district is located in whole or in part within the corporate boundaries of the City of __________. The taxpayers of the dThe purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the distri_________________________________________________________________ _________________________Date______________________________Signature of SellerTHE STATE OF TEXASCOUNTY OF __________(NOTARY SEAL) taxing authority and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in taxes levied by the district on real property located in the district is $______ on each $100 of assessed valuation. If the projected rate of tax, as of this date, is $_____ on each $100 of assessed valuation. bonds issued that are payable solely from revenues received or expected to be received under a contract with a governmental ebeen or may, at this date, be issued is $__________, and the aggregate initial principal amounts of all bonds issued for one payable in whole or in part from property taxes is $not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilThe district may exercise the authority without holding an election on the matter. As of this date, the most recent amount ois a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the propdistrict stating the amount, if any, of unpaid standby fees on a tract of property in the district.the municipality and by the district until the district is dissolved. By law, a district located within the corporate boundaordinance without the consent of the district or the voters of the district.whole or in part from property taxes. The cost of these utility facilities is not included in the purchase price of your proowned by the City of __________. The legal description of the property you are acquiring is as follows: the purchase of the real property for ________________________________Notary Public, State of Texas §§§ This instrument was acknowledged before me on this the _____ day of __________, 20___, by ____________________. PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract __________________________________________________________________________________________Date________________________________Signature of PurchaserTHE STATE OF TEXASCOUNTY OF __________(NOTARY SEAL) DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUOF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.described in such notice or at closing of purchase of the real property. City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: December 17, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2019-20 audit plan. BACKGROUND The including: internal control weaknesses, inefficiencies in City operations, ineffectiveness of City programs, and non-compliance with laws, regulations, and policies. Each year, an audit plan is prepared and presented . The plan presented this year includes several audits risk assessment and one audit that was requested by a Council Member. The City Auditor presented his audit plan to the City Council on October 8, 2019. During the discussion on one of the audits, the Utility Easement Audit requested by a City Council member, the City Attorney agreed to provide additional information about past litigation related to utility easements. The City Council asked the City Auditor to present the audit plan after the City Council receives the information from the City Attorney. The City Attorney has provided the relevant information to the easement audit to the City Council. th In addition, the Audit Plan presented to City Council on October 8 included an audit of Fleet services. Since then, we have learned that the administration will be hiring an external firm to conduct an identical review. Under these circumstances, we would like to replace the Fleet Audit with alternate options. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On September 17, 2019 the Audit/Finance Committee received a report on the FY 19/20 Audit Plan and The Audit Plan was then presented at a City Council Work Session on October 8, 2019. EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully submitted: Umesh Dalal, 940-349-8158 City Auditor Prepared by: Madison Rorschach, 940-349-7228 Staff Auditor City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement/Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding proposed revisions to the Ethics Policy for all City of Denton employees. BACKGROUND A Charter Election was held on November 7, 2017, for the purpose of submitting to voters five propositions for amendments to the Denton City Charter. Proposition D approved the adoption of an ethics ordinance by the City Council. The City Council adopted Ordinance number 18-757 on May 1, 2018. The ethics ordinance applies to City Officials, department heads appointed by Council, and vendors. In an effort to hold all City employees to the same ethical standards as City Officials, City Council approved Resolution number 18-618 incorporating an employee ethics policy, Reference number 10.00, on April 17, 2018, for City employees to reinforce our commitment to ethical behavior. The employee ethics policy serves as a resource for employees, setting expectations and helping to ensure employees are performing their duties in a manner that will protect them as well as enhance the credibility of the organization. The goal of the revisions is to clarify definitions and processes, respond to employee feedback received since implementation, and allow for flexibility to respond to future events not specifically outlined in the policy. The proposed policy revisions will cover the following: Nepotism Remove restriction stating temporary and seasonal employees may not be employed by the operational division longer than 120 calendar days within a twelve-month period. Gifts, meals, and events Defining nominal value as an item with a value of less than $50, excluding cash and cash equivalents (e.g., gift cards), if it was not given in exchange for any exercise of official discretion. Allow for exceptions to the gifts, meals, and events to be granted by Compliance or the City Manager if not specifically outlined in policy. Granted exceptions are to be reported to City Council. Adding exceptions to gifts allowed including: Items of nominal value received by an employee as part of an appreciation event sponsored or hosted by the City, a civic organization, or non-profit (vendors excluded). Items of nominal value received for achievement or recognition. The meal or perishable items are of nominal value and provided by member(s) of the public, a non-profit, or a civic organization (vendors excluded) expressing general appreciation to a department, office, or work group. Serving on boards and commissions Employees serving on a board or commission that has business with the City must recuse themselves from discussing or making decisions regarding City business. Me Exhibits 4 and 5 outline events for Police and Fire that were not contemplated in the original policy but are important to continue to increase community engagement and staff appreciation. These types of events are examples of exceptions that the City Manager would be allowed to grant under the proposed policy revisions and report to Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A work session report and policy draft were presented at the April 10, 2018 Council meeting. On April 17, 2018, Council approved a resolution incorporating a City of Denton Employee Ethics Policy, Reference number 10.00, within the City of Denton Personnel Policies and Procedures. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 Resolution 18-618 Exhibit 3 Red-lined Ethics Policy Exhibit 4 Memo from Police Chief Exhibit 5 Memo from Fire Chief Exhibit 6 - Presentation Respectfully submitted: Cassey Ogden Director of Procurement & Compliance CITY OF DENTON PAGE 1 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: SECTION: Human Resources 10.00 INITIAL EFFECTIVE DATE: SUBJECT: Ethics 4/17/18 LAST REVISION DATE: TITLE: Ethics POLICY STATEMENT Public service is a public trust of which all City employees are stewards. It is essential that the public has confidence in those who act on their behalf in government. demand the highest standards of ethical behavior from all employees. The purpose of this policy is to set ethical expectations and guidelines, foster an environment of integrity and impartiality, and thereby enhance ability to function effectively. , and prohibiting conduct incompatible with the best interest of the organization and public, risks are minimized and public trust is strengthened. Each City employee must strive to adhere to the technical compliance and principles set forth in this policy. It is not the purpose of this policy to provide a mechanism to defame, harass, or abuse employees, or to exploit personal grudges. This policy is not all-inclusive. It is supplemental to all applicable City policies, ordinances, and State/Federal laws and regulations. Employees are expected to use reasonable judgement for decisions that are not outlined in this or other City policies. Other policies may be referenced for more detailed information. ADMINISTRATIVE PROCEDURES I. Conflicts of Interest A conflict of interest is a situation in which personal, and/or financial, considerations have the potential to influence or compromise professional judgment or actions. Conflicts of interest are challenging organizational concerns because they are subject to sensitivities based on perception. In order to manage the associated risks, real or perceived, i disclosure and recusal. A. General Rules Employees shall be proactive and transparent with any relationships that are a potential conflict of interest. Employees shall avoid actions or conduct that they know, or should know, is likely to impact the personal or financial interests of: The employee; member of the household; An outside client or secondary employer of the employee; HR/POLICY/10.00 APPROVED BY: (RESOLUTION #) PAGE2OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 A client or ; An entity for which the employee serves as an officer, director, or policy maker; A board or committee to which the employee is appointed; or a person or entity with whom the employee or their spouse solicited, received, or accepted an offer of employment or business opportunity within the past twelve (12) months. B. Disclosure and Recusal Employees shall proactively report by submitting a disclosure form for any relationship that presentsa potential conflict of interest as soon as they are aware of the conflict. Employees involved in a purchase or solicitation must submit the required disclosure forms before any solicitation material will be shared with them. The disclosure forms will be reviewed by Purchasing, Compliance, and Legal to determine if a conflict exists. If a conflict is identified, the employee will be recused from any decision-making, influence, or solicitations that involve the vendor or individual(s) identified in the conflict. C. Training Employees shall complete annual training regarding this policy. II. Private Interests Employees shall not use their position with the City to receive special treatment for themselves or anyone else; Employees shall not use their position with the City to unfairly hurt the private interests of another; Employees shall not represent a private interest before the City for compensation; Employees shall not present private interests to Council, boards, or committees that conflicts with duties, assignments, or projects for which they are involved and/or have decision making authority; Employees shall not assert or imply they have the ability to influence City action on any basis other than the merits; and Decisions on behalf of the City shall be made on the merits of the issue, not on any personal considerations. III. Nepotism In order to prevent conflicts of interest, to avoid accusations and perceptions of biased conduct, and to maintain the confidentiality of restricted information, employment of certain related persons by the City, or within designated City departments, is not allowed. The provisions of this policy apply to persons from outside the City workforce who are applying for employment, or re-employment, with the City, as well as those employees applying for or transferring to other positions within the City. No person shall be appointed to an office, or be employed by the City of Denton, who is related to any member HR/POLICY/10.00 PAGE3OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 of the City Council or the City Manager within the third degree of affinity or consanguinity , and this shall apply to heads of departments in their respective departments. In a department comprised of more than one operational division, an applicant related within the third degree of marriage or blood to a City employee employed in that operational division will not be eligible for employment within the same division. An applicant for a job in a department consisting of one operational division who is related within the third degree of marriage or blood to an employee of the department will not be eligible for employment in that department. At the discretion of the department head, and with the approval of the City Manager, or designee, stricter guidelines for business reasons may be instituted as long as the reasons are not illegal or discriminatory. An applicant for a temporary or seasonal position within an operational division of the City may be eligible for the position, without regards to kinship of other employees within that operational division, as long as the period of employment does not exceed 120 days within a twelve-month period. An applicant for a job in an operational division that reports to or serves as staff liaison to a City board or commission is ineligible for employment in that division if the applicant is related within the third degree of marriage or blood to any member of the board. NOTE: Nepotism guidelines as defined in approved Meet and Confer agreements will supersede this policy. A. Kinship For the purposes of this policy, the following shall constitute familial relationships: HR/POLICY/10.00 PAGE4OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 Relationships by Blood Relationships by Marriage rdndststndrd 3 Degree 2 Degree 1 Degree 1 Degree 2 Degree 3 Degree Siblings Spouse Great Parents Brother-in-law Great (including ½ (legal or grandparents grandparents- Children Sister-in-law siblings) common-law) (includes in-law Great Grandparents- Grandparents Step Parents adoption) grandchildren Great in-law Grandchildren Step grandchildren- Uncle Grandchildren- YOU Children in-law Aunt in-law Parents-in- Uncle-in-law Nephew law Aunt-in-law Niece Son-in-law Nephew-in- First cousin Daughter- law in-law Niece-in-law First cousin- in-law B. C. An applicant shall be required to list on their application for employment all relatives related within the third degree of marriage and blood who are employed by the City, serving on the City Council, or serving on a board or commission. Failure of an applicant to list all applicable relatives employed by the City, or serving on a board or commission, shall result in the disqualification of the applicant for the position for which they have applied. D. No current employee may be appointed or promoted to any supervisor's span of responsibility who is related within the third degree of marriage or blood to that supervisor. E. In the event of promotion or marriage between two City employees, the following shall apply: 1. If the affected employees are employed in different departments, or different operational divisions of a department, those employees may remain with the City and their job positions will remain unaffected by the marriage or promotion. 2. At the discretion of the department head, married employees may remain and work in the same division or department if provided that one is not directly reporting to the other and neither is in the same chain of command. The affected employees may report to the same department head. If however, the affected employees are unable to meet these criteria, then one must seek a transfer HR/POLICY/10.00 PAGE5OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 to another division of that department or another department. This decision shall be made and agreed upon by those employees involved. An employee seeking a transfer will be considered for any City position for which the employee is qualified but cannot remain in the existing division for more than six (6) months. Qualifications being equal, the transferring employee shall be given preferential treatment. If a suitable position cannot be found by the end of this period, one of the two must terminate, or be subject to reassignment, if another position is available. Reassignment is subject to the discretion of the City Manager and based on the individual's skills and qualifications. F. Relatives of City Council, Boards or Commissions If an employee is already employed with the City, and has been employed with the City at least six (6) months, then the employee is not required to transfer or resign upon the appointment of a relative to City Council, a board, or commission. However, an applicant of a relative of an existing City Council member, board member, or commission member is not eligible for employment in the operational division, which serves as the liaison to the City Council, board, or commission. G. Relatives of City Manager or Department Head If an employee is already employed with the City, and has been employed with the City at least six (6) months, then the employee is not required to transfer or resign upon the hiring of the City Manager or department head who is a related to the employee within the third degree of marriage or blood. However, the employee may not report directly to their relative. H. If the City institutes a reorganization that changes operational divisional or departmental boundaries, and an employee would then be working within the same operational division as, or supervising, a member of their immediate family, one of the affected employees must transfer to another operational division. The six (6) month period to arrange a transfer may be extended in 30-day increments with the approval of the City Manager, the department director, and the supervisor. The extension shall not exceed 90 calendar days. If a transfer is not possible, one of the employees will be subject to mandatory reassignment. If this is not possible, one of the employees will be subject to dismissal. The determination of which employee shall be reassigned or terminated will be based upon the business interest of the operational division. I. Temporary and seasonal employees of the City shall be partially exempt in that two (2) or more members of the same family who are related within the third degree of marriage or blood may be employed within the same operational division as long as the following apply: 1. No more than one of the related employees may be a regular (non-temporary and non-seasonal) employee of the operational division;. HR/POLICY/10.00 PAGE6OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 2. The related employees may not be in a direct reporting relationship with each other, a second level report, or responsible in any manner for the scheduling, discipline, or work assignments for each other; and, Related employees will not occupy positions in the same line of authority in which employees can initiate, influence, or participate in, directly or indirectly, decisions involving a direct benefit. Examples of such decisions include, but are not limited to, hiring or rehiring, retention, transfer, promotion, wages, leave requests, or other working conditions; 2. 3. The temporary and seasonal employees may not be employed by the operational division for a period lasting longer than 120 calendar days within a twelve-month period. 3. 4. Employees will not be informed of or involved in disciplinary actions or performance 5. The relationship will not create an adverse impact on work on the department (i.e. reduction in work productivity, performance, disruption, etc.);, and J. Any employee relationship, regardless of the position the affected parties are in, that creates a disruption or potential disruption in the work environment, creates an actual or perceived conflict of interest as ibited by applicable law is not permissible under this policy. K. This policy applies to all current employees and candidates for employment. IV. Gifts, Meals, and Events A. Gifts or Favors Employees shall neither solicit, nor accept, gifts or favors offered from an individual, business, or organization due to their position with the City (See Exceptions). A gift is defined as any tangible or intangible thing that can be reasonably inferred as benefitting the employee and/or influencing the employee or actions. This includes but is not limited to HR/POLICY/10.00 PAGE7OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 cash, cash equivalents (e.g., gift cards), merchandise, food baskets/trays, meals, transportation, lodging, entertainment, use of facilities or property, and discounts. A favor is defined as performing an action, taking an action, or refraining from an action in a manner advantageous to an employee, customer, business, or organization in a manner atypical of normal business practices or policies. Examples include, but are not limited to, waiving charges or fees or providing non-public information that could be used for financial or political gain. There are a few exceptions to the gift prohibition. Employees should use their best judgement of what meets this criteriona and ask for clarification from their supervisor, Compliance, or Human Resources, when needed. Exceptions include: Items offered or received at an internal employee event, City-sponsored or event hosted byfor the City employees (e.g., Benefits and Wellness Fair); Items included in Marketing items of nominal value that are widely distributed via mail or at events (e.g., pens, notepads, or keychains); Perishable items of nominal value given by member(s) of the public or a civic organization expressing general appreciation to a department, office, or work group (e.g., water, cookies); Items of nominal value received by an employee as part of an appreciation event sponsored or hosted by the City, a civic organization, or non-profit (vendors excluded); Items of nominal value received for achievement or recognition (seein conformance with this Section Achievement or Recognition section C-iii); . Items received by an employee under circumstances independent of their position with the City (e.g., received from a friend, relative, or independent business relationship); oror Discounts that are available to all City employees; see tlicy (114.01). If a gift does not meet one or more of these exceptions and is accepted by an employee (or the employee is unable to respectfully decline the gift), the gift must be disclosed and donated in accordance with . See Section IV.D Disclosure. Nominal value in this Policy is defined as an item with a value of less than $50, excluding cash and cash equivalents (e.g., gift cards), if it was not given in exchange for any exercise of official discretion. A favor is defined as performing an action, taking an action, or refraining from an action in a manner advantageous to an employee, customer, business, or organization in a manner atypical of normal business practices or policies. Examples include, but are not limited to, waiving charges or fees or providing non-public information that could be used for financial or political gain. HR/POLICY/10.00 PAGE8OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 Gifts or favors shall neither be solicited nor accepted as part of a quid pro quo arrangement in which the gift is granted to the employee or expected by the employee in return for the performance of an official act. Bribery is prohibited, with no exceptions, as stated in Penal Code 36.10. B. Meals Employees shall neither solicit nor accept meals offered from an individual, business, or organization due to their position with the City (See Exceptions). Employees shall further manage the appearance or risk of impropriety by avoiding meals and/or social functions with individuals, businesses, or organizations that can be reasonably inferred as personally benefitting the employee and/or influencing professional judgement or actions. Limited exceptions include: The meal is provided as part registration, and is available to all attendees; The meal is essential to business needs or cannot be avoided in the process of performing essential duties (each party or their organization must pay for their own meals and disclose); The meal discount is part of a campaign or corporate policy for City employees; The meal is included as part of a community event where attendance by the employee is required as part of their essential duties; The meal or perishable items are of nominal value and provided by member(s) of the public, a non- profit, or a civic organization (vendors excluded) expressing general appreciation to a department, office, or work group; or The meal is discounted or gifted .; C. Events Attendance of events must be deemed essential for training or business needs and approved by the chain of command. Events include, but are not limited to, conferences, off-site meetings, and trade shows. Travel and expenses should also be approved and follow the City policies for reimbursement of expenses (408.01 and 408.03), where applicable. Discounted or complimentary registration, transportation, meals, or lodging for events are prohibited with the exception of: Transportation and lodging discounts that are extended to all government employees or attendees of the event (e.g., government hotel rate or pay for 2 get 1 free conference registration); Meals that meet the exceptions outlined in the meals section of this policy (section IV-B); or Transportation, registration, meals, or lodging provided due to a speech or service the employee rendered at the event (see Honorariums). Scholarships earned from organizations that are not vendors or that do not have the potential to HR/POLICY/10.00 PAGE9OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 benefit contractually or financially from the City or its employees; Admission, transportation, meals, entertainment, or lodging accepted as a guest for a widely- attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the employee if attending or participating in an official capacity; Admission to a widely-attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the employee if attending or participating in an official capacity, including: The employee participates in the event as a speaker or panel participant by presenting information related to matters before the City; The employee performs a ceremonial function appropriate to that individual's position with the City. (see Honorariums). If an event does not meet the exceptions provided above for gifts, meals, or events, indicated in the meals and/or events sections, and an employee feels attendance is necessary for their essential job duties, In sider if the gratuitous nature of the gift, meal, or event is likely to unduly influence the employee or interfere with the objective s determined that acceptance of a particular gift, meal, or event attendance is reasonably likely to cause the Eemployee to demonstrate biased behavior or preferential treatment, the request for an exception shall be denied. i. Honorariums Honorariums are defined as payment of money or anything of value for an appearance, speech or article. State law prohibits a public servant from soliciting or accepting an honorarium if the subject matter is directly related to the person's position with the City. This applies even if the employee provides the speech or services on their own personal time and there is no expenditure of public resources. The audience or organization for which the speech or services are being provided is not a factor or exception. Discounted or complimentary transportation, meals, or lodging are acceptable in these circumstances. ii. Games of Chance A game of chance is defined as any game or contest in which the outcome depends on chance, regardless of whether there is a cost to participate (e.g., raffles, drawings, or sweepstakes). An shall not participate in games of chance or accept a prize or award from a game of chance associated HR/POLICY/10.00 PAGE10OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 with that event. An exclusion is internal, City-sponsored events (e.g., Benefits and Wellness Fair). iii. Achievement or Recognition Employees may accept items of little intrinsicnominal value such as plaques, certificates, trophies, and flowers that are awarded for recognition of meritorious service or professional achievement and intended solely for presentation. A trophy is defined as a tangible, durable reminder of a specific achievement, and serves as recognition or evidence of merit. Trophies provided due to employee performance in a pre-approved competitive event may be accepted. Employees may accept certification, honorary membership, or a fellowship awarded on the same terms and based on the same criteria applied to other candidates or applicants. Acceptance of cash, cash equivalents, or any other prizes that do not meet these terms are prohibited. D. Disclosure Proactive steps should be taken to inform individual policies regarding gifts, meals, and events. Any unsolicited gifts received by an employee, department, office, or work group that do not meet the exception criteria, are property of the City. Every effort should be made to decline and/or return the gift to the sender or to donate the gift to an approved organization. The sender should be contacted to express appreciation and explain the policy. In addition to these gifts, any unsolicited meals that cannot be declined or that do not meet the listed exceptions, shall be disclosed. Employees shall disclose all such gifts and meals as soon as possible, but no longer than three (3) business days, from receipt. Disclosure should be provided prior to transporting gifts for donation. V. Boards, Commissions, and Association Memberships Employees serving as members of boards, commissions, or associations (excluding Police and Fire labor associations) that have business with the City through contract or financial support will require disclosure and approval to avoid appearance of favoritism, impropriety, and/or conflicts of interest. Prior to serving on a board, commission, or association, an employee must request prior approval through their department head. Disagreements with denials should be addressed through the City ManaAn employee who is serving on a board at the time of hire and who intends to continue serving must also obtain approval. Before approving a request, department heads decisions as a board, commission, or association member that could create a conflict or appearance of conflict of interest for either the employee or the City. Employees must recuse themselves from discussing or making decisions regarding any City business with the board, commission or association while serving on the board, document the recusal. HR/POLICY/10.00 PAGE11OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 VI. Confidential Information Confidential information includes all information held by the City that is not available to the public under the Texas Public Information Act. An employee shall not use their position to obtain official information about any person or entity for any purpose other than the performance of their essential duties. An employee shall not intentionally, knowingly, or recklessly disclose any confidential information gained by their position concerning the property, operations, policies, employees, or affairs of the City. This rule does not prohibit: 1. Any disclosure that is no longer confidential by law; or 2. The confidential reporting of illegal or unethical conduct to authorities designated by law. VII. Secondary Employment The City shall be the primary employer for all employees for which benefits are being supplied (excludes temporary and seasonal employees). An employee may be employed in any capacity in any other business, trade, occupation or profession while employed by the City, so long as it is determined that such employment does not tend to bring the City into disrepute, reflect discredit upon the employee, impair independence of judgment, create a conflict (or appearance of a conflict of interest), or conflict with their employment or performance as a City employee. It is the intention of this policy to protect the employee and the City from unintended consequences from secondary employment. The City recognizes the prerogative of its employees to pursue other employment to occupy their off-duty hours. However, this must be balanced with the City's need for full productivity during working hours and with loyalty from its employees. No City time, resources, personnel, facilities, or equipment may be used in conjunction with secondary employment, unless authorized in advance by the City Manager or designee. Secondary employment shall not impair the employee's availability upon emergency recall by the City. Secondary employment will not be considered an excuse for poor job performance, absenteeism, tardiness, or refusal to work overtime. Should the secondary employment cause or contribute to any of these situations, it must be discontinued or the employee will be subject to disciplinary action, up to and including termination from City employment. As the primary employer, the employee must recognize the City's need for flexibility and changing schedules based upon the demand for services or departmental needs. HR/POLICY/10.00 PAGE12OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 A. External Secondary Employment 1. Prior to engaging in secondary employment, whether as an employee at another organization, independent contractor, or self-employed, an employee must request prior approval through their immediate supervisor and department head. An employee who is working another job at the time of hire, and who intends to continue the other employment, must also obtain approval as outlined in this section. 2. 3. Before approving a request for secondary employment, supervisors and department heads must ensure the secondary employment does not violate City or departmental rules, policies, or procedures or create a conflict (or appearance of a conflict of interest) for either the employee or the City. 4. If a request for secondary employment is approved, the request must be forwarded to the Human 5. Approval may be denied or withdrawn at any time by the department head, upon consultation with the Human Resources Director, or designee, when such employment violates City or departmental rules, policies, or procedures or creates a conflict (or appearance of a conflict of interest) for the City. The reason for denial or withdrawal must be documented in writing to the employee. Disagreements 6. Generally, approvals or denials/withdrawals should be communicated to the employee in writing within 72 hours (excluding weekends) of receiving the Secondary Employment Approval Request form. Delays to this timeline should be communicated to the employee. 7. An approval form is required for every job outside of the City, regardless of location, nature of work, or likelihood of a conflict to exist or occur.. 7.8. A review and approval of the secondary employment is required annually. A new approval form will be required for changes to employers, positions, or work hours for secondary employment. 8.9. Approval does not constitute the establishment of a joint employment relationship between the City and any external employer. 9.10. If the employee accepts secondary employment without approval, the employee may be subject to disciplinary action, up to and including dismissal from the City. 10.11. If an employee is injured while self-employed, working as an independent contractor, or working for another organization, they will not be covered by the City program. 11.12. If an employee is injured in the course and scope of employment with the City, and is missing time from work, the employee must seek written approval from the Risk Manager or Human Resources Director (or their designees) before working their secondary job (reference policy 409.01 Worke). B. Internal Secondary Employment 1. A regular full-time employee may have a part-time job in another department if approved by the HR/POLICY/10.00 PAGE13OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 supervisor and department head of their full-time job and the relevant guidelines outlined in Section A above are followed. The full-time job is considered the primary employer. To ensure provisions of the Fair Labor Standards Act, the Human Resources Director, or designee, must also approve a full- time employee working a part-time position with the City. 2. Employees may also work more than one part-time job with the City as long as the relevant guidelines outlined in Section A above are followed. The job the part-time employee is hired in first is considered the primary employer. The primary employer will be responsible for maintaining all records for the regular part-time employee, including: a. Status sheets - pay records b. Allocation and transfer of charges The secondary employer must coordinate rate of pay, hours of work, and any other relevant information with the primary employer. NOTE: The Police and Fire Departments have established written rules, regulations, and criteria which may be more specific than this policy. In such cases, those rules and regulations will supersede this policy. VIII. Use of City Resources An employee shall not use, request, or permit the use of City facilities, personnel, equipment, supplies, or time for private purposes while on City duty (including political purposes), except: 1. Pursuant to duly adopted City policies, or 2. To the extent and according to the terms that those resources are lawfully available to the public. See the following City policies for specific information on these resources: IX) IXIX. Use of Social Media The City recognizes that social media has become a critical source of communication. Many, including City employees, utilize social media to voice their opinions on both private and public concern matters. This policy is not intended to prevent employees from making non-confidential communications that are of a general, legitimate concern. However, employees are strongly encouraged to exercise due diligence and caution when utilizing social media to post communication, including but not limited to pictures, HR/POLICY/10.00 PAGE14OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 Internet postings can be detrimental to the City. Employees should be mindful that social media and internet postings, even when done off duty, may cause unintended reactions from the public or consequences to the City and its officials and employees. Guidelines for social media use: Employees shall effectively communicate that their postings are their own personal opinions and do not represent the entity in which they are employed (i.e. the City); Employees shall not post any information that is considered confidential, sensitive, or copyrighted to which they have access due to their position with the City; Employees must be truthful, courteous, and respectful toward other City employees, customers, citizens, and City Officials (e.g., City Council, Mayor); and Employees shall not harass others based on protected characteristics (e.g., race, sex, religion, sexual orientation, gender identity, national origin, disability status, etc.) guidelines regarding discrimination and harassment. Employees who distribute or post communication by way of social media, or other means, which has the effect of any of the following: destroying the efficiency of City employees in performing their duties; impairing harmony; interfering with or disrupting City operations or functions; undermining authority; or which prevents successful service with superiors or close working relationships which are essential to fulfill public responsibilities, or the ability for employees to perform their duties effectively, may be subject to disciplinary action. (109.01, Section V-B). Any employee who believes that their First Amendment Right has been infringed upon may request an administrative review under Section 109.01 (VI). Any employee who believes their social media account was compromised, resulting in a communication that would violate these policy guidelines shall immediately report the incident to Human Resources, For guidelines on social mSocial Media policy (505.03). X. Political Activity City employees are not restricted from using their right to vote in a City election. policy (111.03) outlines leave time for the purpose of voting. HR/POLICY/10.00 PAGE15OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 Employee involvement in political campaigns does have limitations, as follows: Solicitation policy (114.01), no employee may engage in political activity while on duty or while wearing a City uniform; Email Use policy (506.05), the City email system may not be used to solicit political causes; Employees shall not display campaign materials on any City property, including but not limited to vehicles and uniforms; Employees shall not lobby on behalf of the City without prior written approval from the City Manager, or designee; Employees shall refrain from using their influence in any way, for or against, any candidate for any elective office while engaged in the performance of their duties on the job. Employees shall not accept gifts or favors for political activity relating to an item on a ballot they participated in, provided advice relating to, or exercised authority on, while in the scope of their City employment; and Employees shall not engage in any conduct in relation to a political campaign which would have the effect of destroying the efficiency of City employees, interfering with or disrupting City operations or functions, impairing harmony, or which prevents successful service with superiors. Publicly endorsing a candidate, placing a yard sign on private property, wearing or distributing campaign material, making financial contributions, or campaigning for a candidate, are permissible under City policy so long as those activities take place while the employee is off-duty and does not include the use of any City equipment or resources. XI. Actions of Others An employee shall not intentionally or knowingly assist or induce, or attempt to assist or induce, any person to violate any provision in this Ethics policy. An employee shall not violate the provisions of this Ethics policy through the acts of another. XIII. Reporting Unethical Conduct If an employee witnesses or has knowledge that inappropriate, unlawful, or unethical conduct has occurred, they have a duty to report the actions or behavior through the appropriate channels. Reports of unethical conduct and whistleblowing for non-civil service employees will be reviewed and processed by Human employees will be reviewed and processed in accordance with Chapter 143 of the Texas Local Government Code and, where applicable, local rules, meet and confer agreement, and departmental standard operating procedures. HR/POLICY/10.00 PAGE16OF14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: TITLE: Ethics 10.00 Examples of behaviors include, but are not limited to: Theft or Misuse of City Resources; Abuse of Position; Misuse of Confidential Information; Personal Use of City-Owned Resources; Bribery; Whistleblowing; Falsification of Documents; Conflicts of Interest; or Violations of City Procurement Policy. XIII. Exceptions Generally If an exception is not specifically provided for in this policy, an employee may seek an exception from or relationship in light of the purposes and objectives granting of the exception would erode public trust in the employee, specifically, and the City, generally. Of crucial concern shall be whether granting the exception is allowed by law and likely to unduly influence discretion of Compliance or this not allowed by law or is reasonably likely to cause the employee to demonstrate biased behavior or preferential treatment, or further the interests of the employee, personally, without a corresponding benefit to the City as an organization, the request for an exception should be denied. Granted exceptions must be reported to City Council. HR/POLICY/10.00 Department of Police 601 E. Hickory St., Suite E Denton, TX 76205 (940) 349-8181 FAX (940) 349-7966 M E M O R A N D U M Denton Police Department Office of the Chief of Police TO: Todd Hileman, City Manager FROM: Frank Dixon, Chief of Police DATE: December 6, 2019 SUBJECT: Denton Police Department Events Mr. Manager, I wanted to give you a list of special events that the Denton Police Department has participated in over the last few years that involve outside entities sponsoring or donating items to. 100 Club Banquet-This is an annual event that includes a dinner and awards and civilian members. 100 Club Annual Equipment Donation-The 100 Club will donate an item that is able to be utilized by officers in the course of their duties. They are given to all sworn employees. This year it was a small flashlight that can be carried as an extra or back-up light source by our police officers. ion-During the month of December, the CPAAA provides breakfast, lunch and dinner for all members of the Denton Police provided small gifts to each member. Angel Armor-A non-profit out of Colorado is providing Level-4 ballistic vests and helmets to law enforcement agencies in the Southwest. To date, they have provided over 5,000 officers this equipment. Level-4 is rated to stop up to rifle rounds from dies. They contacted DPD just after the shooting of Officer Rodriguez and will provide the first 100 sets immediately, as they are 1 Department of Police 601 E. Hickory St., Suite E Denton, TX 76205 (940) 349-8181 FAX (940) 349-7966 deploying these to departments across the Metroplex. They will provide the rest of the department in 2020. Serv-Pro First Responder Recognition-Serv-Pro annually selects a firefighter and college football game in December. They seek selections from across the state and the winner is picked by a board comprised by Serv-Pro. This is not an all inclusive list, but are the most notable and recurring. Respectfully, Frank 2 332 East Hickory St Denton Texas 76201 Denton Fire Department City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM:Mario Canizares DATE:December 17, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2020 Denton Mobility Plan Update. BACKGROUND The City of Denton is developing a mobility plan that combines three plans into one: the Thoroughfare Plan, the Bicycle Plan and the Pedestrian Plan. This combination allows for a single more cohesive and comprehensive plan for the development of the City’s transportation infrastructure. The ‘complete streets’ concept (where designers consider all modes of transportation in a corridor) is a goal of the mobility plan in order to provide the required infrastructure to serve the many types of transportation users. The following work sessions are scheduled to discuss each major section of the Mobility Plan: th -December 17 : Staff will provide an overview of the project and all that has been conducted to date including survey results and public meeting feedback received, thth -January 7 & 14 : Staff will discuss the draft thoroughfare plan components including proposed cross sections and one-way versus two-way analysis, and th -January 28: Staff will discuss the bicycle plan and pedestrian plan elements including the methodology and prioritization of recommendations. RECOMMENDATION Staff recommends consideration and ultimate adoption of the changes included in the 2020 Mobility Plan Update relative to the Thoroughfare Plan, Bicycle Plan and Pedestrian Plan. ESTIMATED SCHEDULE OF PROJECT The project ‘kick-off’ occurred in May 2019 and is tentatively scheduled to be completed by April 2020. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Mobility Committee has received updates on the project at its meetings held in July - October 2019. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Respectfully submitted: Pamela Alummoottil, P.E. Traffic Engineer City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Office ACM: Sara Hensley DATE: December 17, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) Resolution of support for businesses near UNT BACKGROUND During the annual City Council retreat on Saturday, August 17, 2019, the City Council agreed to a process to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials that anticipate taking more than two hours to complete or if there is a City Council policy decision to be made. The process developed during the retreat was further discussed and formally adopted at the August 27 City Council meeting. Staff will review one outstanding request for information per elected official during each work session. The weekly work session process will include staff introducing the requested topic followed by the requesting elected official having up to one minute to describe and justify their request. Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request. Staff will respond to all requests where a consensus of at least four elected officials is established. Responses will be provided in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. The following items will be discussed during this work session: 1. Resolution of support for businesses near UNT a. Requestor: Council Member Briggs b. Council Member Request: Consider a Council Resolution of Support for the businesses on Avenue C to be acquired by the University of North Texas through the Eminent Domain process. Resolution will include that Denton supports small businesses and that eminent domain should be used only for a public purpose. c. Information from Staff: On November 20, 2019, the Student Government Association (SGA) at the University of North Texas passed a Resolution of support (Exhibit 3) for businesses located on Avenue C that the University is attempting to remove through the process of eminent domain. Key components of the Resolution include: A petition garnering 27,000 signatures pertaining to the continuing operations of the businesses involved was circulated on change.org. An Ad Hoc committee created within the SGA will determine appropriate questions for the creation and distribution of a student survey on the matter. Upon collection of the Denton City Council. d. Date Requested: December 6, 2019 e. Requested Format for Response: Resolution EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Exhibit 3 UNT SGA Eminent Domain Resolution Respectfully submitted: Rachel Balthrop Mendoza Assistant to the City Manager Scanned with CamScanner Scanned with CamScanner Scanned with CamScanner City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Sara Hensley DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and the Denton African American Scholarship Foundation, Incorporated; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed two hundred and fifty dollars ($250); and providing for an effective date. BACKGROUND This Agreement allows for the total expenditure of $250 from Council Contingency Funds. (Council Member Meltzer, $250). Key provisions of the Agreement include: Funds shall be used by the Denton African American Scholarship Foundation, Inc. for the Denton Black Film Festival, which brings together some of the best artistic showcases of cinema, music, comedy, poetry and more. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required upon request. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance and Agreement Respectfully submitted: Stuart Birdseye Assistant to the City Manager Prepared by: Marcel Akhame City City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Sara Hensley DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Giving Hope, Incorporated; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed five hundred dollars ($500); and providing for an effective date. BACKGROUND This Agreement allows for the total expenditure of $500 from Council Contingency Funds. (Councilmember Meltzer, $500). Key provisions of the Agreement include: Funds shall be used by Giving Hope, Inc. for the Night of Hope event, which recognizes those working alongside Giving Hope, Inc. in order to make homelessness rare, brief, and non-recurring in the community. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required upon request. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance and Agreement Respectfully submitted: Stuart Birdseye Assistant to the City Manager Prepared by: Marcel Akhame City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and POWER Engineers, Inc., amending the contract approved by City Council on October 9, 2018, in the not-to-exceed amount of $776,600; amended by Amendment 1 approved by the Purchasing Staff; said second amendment to provide services for CIP projects, where relay and control commissioning is required, for periodic NERC testing, meeting obligations of the Texas Municipal Power Agency (TMPA) Transmission Operator, Maintenance, and Construction Services Agreement; providing for the expenditure of funds therefor; and providing an effective date (File 6861 - providing for an additional second amendment expenditure amount not-to-exceed $604,800, with the total contract amount not-to-exceed $1,381,400). The Public Utilities Board recommends approval (7 - 0). INFORMATION/BACKGROUND Denton Municipal Electric (DME) requires the services of consultants for substation relay and control system commissioning, NERC required periodic testing of relay and control systems, support for Texas Reliability Entity (TRE) audits of commissioning and testing activities (verification of records, interpretation of records and test results, explanations of testing, etc.), review and analysis of relay operations in response to system events, technical consultations when system protection events occur or system protection questions arise, and consultation for NERC standards compliance. Over time, there will not be sufficient work to justify a full-time staff with the expertise necessary to address all these needs. Using outside resources is an efficient and reasonable method for obtaining the temporary and specialized services needed. DME has a contract with POWER Engineers, Inc. (PEI), in place for such services, but the funds approved for the contract will not be sufficient for services necessary during approximately the next two years. DME proposes an amendment to the existing contract with PEI for the professional and technical services needed to complete the tasks listed in Exhibit 2. One contingency item is included in this exhibit that provides funding for responding to emergencies or urgent needs related to relay and control system issues. This proposed second amendment adds $604,800 to the original contract amount of $776,600 for a total of $1,381,400. Amendment #1 was for a no-cost change to the contract to add testing equipment billing rates that were included in the cost but inadvertently omitted from the original contract documentation. If the responsibilities for the projects listed in Exhibit 2 are assigned to a consultant other than PEI, that consultant would require significant time to become familiar with the DME transmission system and the relay and control schemes used by DME. This would also require time from DME staff to train a new consultant so that they understand all NERC and DME compliance procedures and needs, understand DME protection philosophies and testing requirements, and that they are properly trained in DME safety procedures. Also, contracting with a new firm would require that the new firm repeat testing already completed by PEI. For example, Item 2 in Exhibit 2 requires PEI to commission the new Masch Branch Substation. This testing will have to include setting and testing the transmission line protection relays in Masch Branch Substation so that they will coordinate with the transmission line protection relays in the existing adjacent substations (Jim Christal and Denton North). The transmission line protection relays in the adjacent substations were tested by PEI when those respective projects were completed. If the work is completed by PEI, then only minor testing at the existing adjacent substations would be required. PEI can rely on previous testing to certify the performance of those protection systems. If a new firm is assigned to complete this work, the transmission line protection relays in the existing adjacent substations will have to be completely retested by the new firm in order for them to certify the function of the whole protection system. Also, bs system and control schemes increase the potential for errors that could lead to misoperations and outages. If PEI is retained, the cost due to the time for learning and retesting mentioned above will not be incurred. PEI has been providing these types of services to DME and TMPA for engineering firm of choice for system protection testing and commissioning. The charges for work under this contract amendment will not exceed $604,800. $245,900 of the total contract amendment is for testing and commissioning of Capital Improvement Program (CIP) projects and will be charged to the respective CIP project accounts. The remaining amendment amount is for operations, maintenance, and required periodic NERC testing and will be charged to the appropriate expense accounts. A majority of the work proposed will be in the transmission category. These costs for transmission projects and transmission maintenance expenses will ultimately be recovered through the Public Utility Commission transmission cost of service program (TCOS). The proposed amendment will not increase CIP costs. Amounts for all capital projects were included in the approved CIP. RECOMMENDATION Award Amendment No. 2 with POWER Engineers, Inc., for additional professional services for CIP projects where relay and control commissioning is required, for required periodic NERC testing, and meeting obligations of the Texas Municipal Power Agency (TMPA) Transmission Operator, Maintenance, and Construction Services Agreement, in the not-to-exceed amount $604,800, for a total amended contract amount of $1,381,400. PRIOR ACTION/REVIEW On October 9, 2018, City Council approved a contract with POWER Engineers, Inc., in the not-to-exceed amount of $776,600 (Ordinance 18-1483). On March 14, 2019, Purchasing approved Amendment 1 with POWER Engineers, Inc. On December 9, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. PRINCIPAL PLACE OF BUSINESS POWER Engineers, Inc. Hailey, ID ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval until complete. FISCAL INFORMATION These services will be funded from DME account 603246491.1360.3560. PO #187256 will be increased in the Purchasing Software in the amount of $604,800. The budgeted amount for this item is $1,381,400. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Power Engineers Task List Exhibit 3: Original Ordinance and Contract Exhibit 4: Amendment 1 Exhibit 5: Ordinance and Amendment 2 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Chuck Sears, 940-349-7111. Legal point of contact: Mack Reinwand at 940-349-8333. DocuSign Envelope ID: 244D1EBC-8486-4F22-9450-014D49269086 DocuSign Envelope ID: 244D1EBC-8486-4F22-9450-014D49269086 SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND POWER ENGINEERS, INC. PSA 6861 THE STATE OF TEXAS § COUNTY OF DENTON § THIS SECOND AMENDMENT TO CONTRACT 6861 (by and between the City of Denton, and POWER Engineers, Inc. Design Professional); to that certain contract executed on October 9, 2018, in the original not-to- exceed amount of $776,600 March 14, 2019, a no cost change order for Power Testing & Energization (PTE) Schedule of Fees per job billing grade and PTE Power Billing Equipment Charges (the (collectively, the Original Agreement and services related to CIP projects that include the design tasks associated with the substation and transmission projects; WHEREAS, the City deems it necessary to further expand the services provided by Design Professional to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $604,800 with this Amendment for an aggregate not-to- exceed of $1,381,400. FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Design Professional to the City; NOW THEREFORE, the City and Design Professional (hereafter collectively referred to other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. The additional services described in Attachment Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the CIP projects, are hereby authorized to be performed by Design Professional. For and in consideration of the additional services to be performed by Design Professional, the Owner agrees to pay, based on the cost estimate detail attached as Attachment A, a total fee, including reimbursement for non- labor expenses an amount not to exceed $604,800. 2. This Amendment modifies the Agreement amount to provide an additional $604,800 for the additional services with a revised aggregate not to exceed total of $1,381,400. 6861 PSA Amendment #2 Page 1 of 2 DocuSign Envelope ID: 244D1EBC-8486-4F22-9450-014D49269086 The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Design Professional, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date _________________________. DESIGN PROFESSIONAL POWER ENGINEERS, INC. CITY OF DENTON, TEXAS By: A Texas Municipal Corporation _________________________________ By: AUTHORIZED SIGNATURE, TITLE _______________DATE:____________ APPROVED AS TO LEGAL FORM: TODD HILEMAN, CITY MANAGER AARON LEAL, CITY ATTORNEY ATTEST: ROSA RIOS, CITY SECRETARY By: _________________________________ By: _________________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT 6861 PSA Amendment #2 Page 2 of 2 DocuSign Envelope ID: 244D1EBC-8486-4F22-9450-014D49269086 POWER TESTING AND ENERGIZATION, INC. PHONE FAX POWER TESTING AND ENERGIZATION, INC. FAX PHONE POWER TESTING AND ENERGIZATION, INC. DocuSign Envelope ID: 244D1EBC-8486-4F22-9450-014D49269086 POWER TESTING AND ENERGIZATION, INC. DocuSign Envelope ID: 244D1EBC-8486-4F22-9450-014D49269086 POWER TESTING AND ENERGIZATION, INC. DocuSign Envelope ID: 244D1EBC-8486-4F22-9450-014D49269086 DocuSign Envelope ID: 244D1EBC-8486-4F22-9450-014D49269086 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. th (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date Certificate Of Completion Envelope Id: 244D1EBC84864F229450014D49269086Status: Sent Subject: Please DocuSign: 6861 Substation Amendment 2 Source Envelope: Document Pages: 8Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 1Monisa Rogers AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Monisa.Rogers@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Monisa RogersLocation: DocuSign 11/12/2019 1:19:48 PM Monisa.Rogers@cityofdenton.com Signer EventsSignatureTimestamp M. Jane RogersSent: 11/12/2019 1:23:30 PM Completed monisa.rogers@cityofdenton.comViewed: 11/12/2019 1:24:09 PM Senior BuyerSigned: 11/12/2019 1:27:08 PM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori HewellSent: 11/12/2019 1:27:10 PM lori.hewell@cityofdenton.comViewed: 11/12/2019 4:16:57 PM Purchasing ManagerSigned: 11/12/2019 4:23:09 PM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack ReinwandSent: 11/12/2019 4:23:11 PM mack.reinwand@cityofdenton.comViewed: 11/14/2019 3:54:03 PM City of DentonSigned: 11/14/2019 3:56:26 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Holger PellerSent: 11/14/2019 3:56:28 PM holger.peller@powereng.comViewed: 11/15/2019 9:04:43 AM POWER Engineers IncorporatedSigned: 11/15/2019 9:12:38 AM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 209.141.115.2 Electronic Record and Signature Disclosure: Accepted: 11/15/2019 9:04:43 AM ID: d70d6b2e-b0e8-4fd7-b6c3-92d1ed2e1458 Signer EventsSignatureTimestamp Antonio Puente, Jr.Sent: 11/15/2019 9:12:41 AM Antonio.Puente@cityofdenton.comViewed: 11/15/2019 12:30:31 PM Chief Financial OfficerSigned: 11/15/2019 12:31:46 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Accepted: 11/15/2019 12:30:31 PM ID: e362a3dc-2570-4bb3-a99a-3fd903d7a030 Cheyenne DefeeSent: 11/15/2019 12:31:49 PM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Cheyenne DefeeSent: 11/12/2019 1:27:10 PM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 11/15/2019 12:31:49 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Carbon Copy EventsStatusTimestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chuck Sears chuck.sears@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted11/15/2019 12:31:49 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 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 Ameri-Mex Contractors Inc., for the reconstruction of 3 properties under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7142-2 awarded to Ameri-Mex Contractors Inc., in the not-to-exceed amount of $519,035). RFP INFORMATION /BACKGROUND Every year, the Community Development Division brings the City of Denton Action Plan for Housing and Community Development of awarded CDBG and HOME funds (Action Plan). The Action Plan is approved by City Council annually and it approves Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) grant funds allocated to the Home Improvement Program (HIP) that assist low- and moderate-income families maintain affordable housing. Additional funding sources may include program income and owner-provided personal funds. HIP assists homeowners in need of major repairs through rehabilitation or reconstruction. Assistance is in the form of a payable/forgivable or forgivable loan from five to twenty years. The program helps persons who own their homes afford This is one of the few programs available repair their homes. Requests for Proposals was sent to 427 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals were received and evaluated based upon published criteria including Ameri-Mex Contractors Inc. was ranked the highest and determined to be the best value for the City. NIGP Code Used for Solicitation: 909 (Service Only)-Building Construction Services, New Notifications sent for Solicitation sent in IonWave: 427 Number of Suppliers that viewed Solicitation in IonWave: 14 HUB-Historically Underutilized Business Invitations sent out: 30 SBE-Small Business Enterprise Invitations sent out: 140 Responses from Solicitation: 3 RECOMMENDATION Award a contract with Ameri-Mex Contractors Inc., for the reconstruction of three (3) properties under the City of Denton Home Improvement Program, in a not-to-exceed amount of $519,035. PRINCIPAL PLACE OF BUSINESS Ameri-Mex Contractors Inc. Valley View, Texas ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by December 31, 2020. FISCAL INFORMATION These services will be funded from Home Investment Partnership Program account 912018002.1360.10100. The budgeted amount for this item is $519,035. There is a 10% discrepancy due to inflation for change orders. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluations and Bid Sheets Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning these reconstructions, contact: Alma Espino at 940-349-7756. Legal point of contact: Mack Reinwand at 940-349-8333. City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Kronos Incorporated, through the US Communities Government Purchasing Alliance Contract #18220 for Automated Timekeeping and Attendance software, maintenance and purchase of licenses; providing for the expenditure of funds therefor; and providing an effective date (File 7144 awarded to Kronos Incorporated, in the five (5) year not-to- exceed amount of $1,634,025). INFORMATION/BACKGROUND The City of Denton uses the Kronos Automated Timekeeping and Attendance Software system to keep track of city staffthe following benefits; standardized timekeeping, scheduling tied to timekeeping, automation of leave requests, automation of leave accruals, automation of FMLA leave, employee access to individual time and leave at work or remotely, audit trail of time approvals by employee and supervisor and ensuring overtime approval by supervisors. It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. Kronos equipment and software is licensed and maintained only by Kronos. Pricing obtained through the US Communities contract has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 21, 2003, Council approved the interlocal agreement with the US Communities Cooperative Purchasing Network (Ordinance 2003-017). RECOMMENDATION Award a contract with Kronos Incorporated, for Automated Timekeeping and Attendance software, maintenance and purchase of licenses, in a five (5) year amount not-to-exceed amount of $1,634,025. Year 1 Year 2 Year 3 Year 4 Year 5 Licenses Maintenance $197,203 $211,007 $225,778 $241,582 $258,493 Timeclock Maintenance $22,500 $23,400 $24,336 $25,309 $26,320 50 Professional Service Hours $9,910 $9,910 $9,910 $9,910 $9,910 Training $9,000 $9,000 $9,000 $9,000 $9,000 Upgrade (375 Prof. Svs Hrs) $67,500 - - - $67,500 10% Contingency $30,611 $25,332 $26,902 $28,580 $37,122 Total $336,724 $278,649 $295,926 $314,381 $408,345 Contract Total (5 years): $1,634,025 PRINCIPAL PLACE OF BUSINESS Kronos Incorporated Lowell, MA ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. FISCAL INFORMATION These services will be funded from Technology Services operating account 830400.7804. The budgeted amount for this item is $1,634,025. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Professional Services Quote Exhibit 3: Training Quote Exhibit 4: Consulting Hours Quote Exhibit 5: Renewal Quote Exhibit 6: Ordinance Respectfully submitted: Lori Hewell, 349-7148 Purchasing Manager For information concerning this acquisition, contact: Melissa Kraft, 940-349-7823. Legal point of contact: Mack Reinwand at 940-349-8333. City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to utilize a contract through the City of Frisco Contract Number RFP #1303-035, for Healthcare Consulting Services regarding transparent pricing and quality metric for City of Denton employees; providing the expenditure of funds therefor; and providing an effective date (File 7250 awarded to Alight Solutions, LLC, at the rate of $4.50 per employee per month, in the three (3) year not-to-exceed amount of $250,000). INFORMATION /BACKGROUND The City of Denton has utilized the services of Alight Solutions, LLC (formerly Compass Professional Health Services) since January 1, 2017. Alight provides employee benefit concierge services that help our employees and their dependents navigate the complexities of employee benefits. While we want our employees to become better stewards of their health, and to make more informed portals, etc.) that are available to them. As health plans push more costs and more responsibilities onto the Unfortunately, the reality is that most employees need help understanding the nuances of healthcare services, health plan provisions, physician evaluators, cost calculators, etc. Some studies suggest that while all health plans have these important and valuable tools available to plan members, only 2% of covered people actually take advantage of them. Alight provides employee benefit concierge services to over 2,000 companies, like Southwest Airlines and Atmos Energy, as well as 23 other cities in the Dallas-Fort Worth area. Alight helps our employees, and their families, make smarter healthcare decisions, while simplifying the administrative functions within the healthcare system. Alight can help employees find the highest quality and most cost-effective physicians, facilities, and medications, while connecting employees to the various healthcare programs and services that are available to them within our health plan. Additionally, Alight can help employees review the various plan is paying appropriatelyr them. Alight serves as an emplto answer benefit related questions and to guide them to the right providers, facilities, medications, and programs. The Alight Health Pro becomes an extension of our current benefits staff and of our healthcare third-party administrator, United Healthcare. The Health Pro helps take some of the burden of managing the healthcare system off of that they can focus on providing outstanding services to the citizens of Denton. Since January 1, 2017, the concierge services have been accessed nearly 1,200 times by 400 households. The majority of the requests were for cost estimates for services and doctor recommendations. Each of these interactions had a direct impact on total health care cost to both the employee and the City. Alight surveys show that 98% of employees and dependents are satisfied with the services they received. Alight estimates the interactions with our employees and dependents have saved the City approximately $690,000. On May 7, 2019, the City of Frisco awarded a contract to Alight Solutions LLC, which includes general beneficiary information, coordination of care, instruction regarding benefits available, consulting regarding healthcare benefits and available providers, consulting regarding cost efficiencies, medical record collection and charting, and provider bill review. The City of Denton has an Interlocal Agreement in place with the The per employee per month (PEPM) cost for this service has remained the same from when the City originally procured it in 2016. Pricing obtained through the City of Frisco has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 1, 2013, Council approved the interlocal agreement with the City of Frisco (Ordinance 2016-291). RECOMMENDATION Award a contract with Alight Solutions, LLC, for Healthcare Consulting Services regarding transparent pricing and quality metric for City of Denton employees, in a three (3) year not-to-exceed amount of $250,000. PRINCIPAL PLACE OF BUSINESS Alight Solutions, LLC Lincolnshire, IL ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION This service will be funded out of the Health Insurance Fund, 850500.6705.0001. The budgeted amount for this item is $250,000. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Fee Components Exhibit 3: LLC Members Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Linda Kile, 940-349-8388. Legal point of contact: Mack Reinwand at 940-349-8333. Exhibit 3 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE HUMAN SERVICES ADVISORY COMMITEERECOMMENDATIONS TOREALLOCATE $42,000 IN FY2019-20 HUMAN SERVICES GRANT FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Human ServicesAdvisory Committee (HSAC) makes recommendations to City Council for the annual allocation of Human Services Grant funding;and WHEREAS, the HSAC presented its recommendations for FY2019-20 Human Services Grant funding to City Council on May 7, 2019 and City staff also presented on June 4, 2019 with the 2019 Action Plan for Housing and Community Development; and WHEREAS, on September 17, 2019, the City Council adopted the FY2019-2020budget, which includedfunding forthe FY2019-20Human Services Grantrecommendations from the Human Services Advisory Committee (HSAC); and WHEREAS,theHuman Services Grant budgetand awardsincluded a Human Services Grant award of$7,000 to Interfaith Ministries of Denton Inc.(Interfaith), and $35,000 to Giving Hope, Inc.(Giving Hope); and WHEREAS, Interfaith has since declined the $7,000 in Human Services Grant award and Giving Hope hassincedeclinedthe$35,000 in Human Services Grant awardfor a total unallocated grant amount of $42,000;and WHEREAS, the HSAC met on November 18, 2019 to review and discuss recommendations for the reallocation of $42,000available inHuman Services Grant funds; and WHEREAS, the HSAC made a recommendation to split and award the available grant funds to four nonprofit agencies; and WHEREAS,the HSACrecommendsthat $27,100of the $42,000be reallocated to increase and fully fund the Rapid Re-Housing (RRH) grant request from Our Daily Bread(ODB)increasing the RRH grant recommendation toODBfrom $40,000 by $27, amount of $61,700; and WHEREAS,the HSAC is recommending that the remaining $14,900balance of the $42,000be reallocated to increase the FY2019-2020Human Services Grant awards to three nonprofit agencies including a$2,500increasetoPediPlace for a revised FY2019-20grant total award of $10,000, a$6,200 increase to Health Services of North Texas for a revisedFY2019-20 granttotal award of $53,200, and a$6,200increaseto The Salvation Army for a revisedFY2019- 20granttotal award of $31,200; and WHEREAS, Council reviews HSAC recommendationsand approves budget allocations, thatsupport the establishment of fundingexpectations, and increase transparency;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1.The City Council hereby adopts the recommendations of the Human Services Advisory Committee to reallocate the available $42,000 in the FY2019-20 Human Services Grant budget to increase funding to nonprofit agencies as follows: $27,100 to Our Daily Bread for Rapid Rehousing Grant,$2,500 to PediPlacefor Human Services Grant, $6,200 to Health Services of North Texasfor Human Services Grant, and $6,200to The Salvation Armyfor Human Services Grant. SECTION 2.The City Managerishereby authorized to execute agreements or amendments toexistingagreements to provide the grant increasesadopted herein. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this resolutionwas made by __________________________ and seconded by _________________________________, the resolutionwas passed and approved by the following vote \[___ -___\]: AyeNay AbstainAbsent Mayor Chris Watts: ________________________ Gerard Hudspeth, District 1: ________________________ Keely G. Briggs, District 2: ________________________ Jesse Davis,District 3: ________________________ John Ryan, District 4: ________________________ Deb Armintor, At Large Place 5: ________________________ Paul Meltzer, At Large Place 6: ________________________ PASSED AND APPROVED this the _________ day of ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ Emergency Shelter: Diversion: Housing: Outreach: City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 1. 2. 3. 4. City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 # Served 1. 2. 3. City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SERVICE AGREEMENTBY AND BETWEEN OUR DAILY BREADAND THE CITY OF DENTON AND PROVIDING FOR THE EXPENDITURE OF FUNDSIN ANAMOUNT NOT TOEXCEED$64,600FOR STREET OUTREACHIN FURTHERANCE OF THE COORDINATED SYSTEM OFHOMELESS ASSISTANCE PROGRAMS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Our Daily BreadODB enter into an agreement to provide for program services as part of a coordinated system of to reduce homelessness in the City; and WHEREAS, ODBand the Cityhereto agree, and by the execution hereof are bound to the mutual obligations outlined in the Service Agreementattached hereto and made a part hereof by reference (the "Agreement"); and WHEREAS, Cityhas adopted a budget for such funds and included therein an authorized budget for expenditure of funds; and WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between the City and ODB, attached hereto and made a part hereof by reference serves a municipal and public purpose, is in the public interest,and of a benefit to the citizens of the City of Denton; NOWTHEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The CityManager, or his designee, is hereby authorized to execute the Service AgreementwithOur Daily Breadand to carry out the duties and responsibilities of the Cityunder theAgreement,including the expenditure of fundsas provided for therein. SECTION 3.This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ -___\]: Aye Nay AbstainAbsent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ____________ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ____________ Paul Meltzer, At Large Place 6: ______ ______ ____________ PASSED AND APPROVED this the _________ day of ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ Emergency Shelter: Diversion: Housing: Outreach: City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 1. 2. 3. 4. City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 # Served 1. 2. 3. City of Denton Rapid Rehousing Grant City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SERVICE AGREEMENT BY AND BETWEEN OUR DAILY BREAD AND THE CITY OF DENTON AND PROVIDING FOR THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $67,100 FOR RAPID RE-HOUSING RENTAL ASSISTANCE IN FURTHERANCE OF THE COORDINATED SYSTEM OF HOMELESS ASSISTANCE PROGRAMS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Our Daily Bread (ODB enter into an agreement to provide for program services as part of a coordinated system of to reduce homelessness in the City; and WHEREAS, ODB and the City parties hereto agree, and by the execution hereof are bound to the mutual obligations outlined in the Service Agreement attached hereto and made a part hereof by reference (the "Agreement "); and WHEREAS, City has adopted a budget for such funds and included therein an authorized budget for expenditure of funds; and WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between the City and ODB, attached hereto and made a part hereof by reference serves a municipal and public purpose, is in the public interest, and of a benefit to the citizens of the City of Denton; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Service Agreement with ODB and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided for therein. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Page 1 Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ Emergency Shelter: Diversion: Housing: Outreach: City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 1. 2. 3. 4. City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 # Served 1. 2. 3. City of Denton Rapid Rehousing Grant City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 City of Denton Community Development Division 601 E. Hickory Street,Suite B Phone (940) 349-7322 Fax (940) 349-7753 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SERVICE AGREEMENT BY AND BETWEEN MONSIGNOR KING OUTREACH CENTER AND THE CITY OF DENTON AND PROVIDING FOR THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $60,000 FOR RAPID RE-HOUSING RENTAL ASSISTANCE IN FURTHERANCE OF THE COORDINATED SYSTEM OF HOMELESS ASSISTANCE PROGRAMS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. nd Monsignor King Outreach Center MKOCenter into an agreement to provide for program services as part of a to reduce homelessness in the City; and WHEREAS, MKOC and the City hereto agree, and by the execution hereof are bound to the mutual obligations outlined in the Service Agreement attached hereto and made a part hereof by reference (the "Agreement "); and WHEREAS, City has adopted a budget for such funds and included therein an authorized budget for expenditure of funds; and WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between the City and MKOC, attached hereto and made a part hereof by reference serves a municipal and public purpose, is in the public interest, and of a benefit to the citizens of the City of Denton; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Service Agreement with MKOC and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided for therein. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Page 1 Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Siddons-Martin Emergency Group, LLC, through the Buy Board Cooperative Purchasing Network Contract # 571-18, for the acquisition of one (1) Pierce Velocity TM Pumper Engine for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date (File 7223 - awarded to Siddons-Martin Emergency Group, LLC, in the amount of $739,631). INFORMATION/BACKGROUND The acquisition of a new Pierce Fire Apparatus is the result of the coordinated efforts of Fleet Services and the Fire Department to ensure vehicles and equipment are acquired and replaced in a timely manner. This ensures the safe and efficient response capability of the Denton Fire Department. The City of Denton Fire Department has standardized the fire apparatus to Pierce manufacturing to create efficiencies with service, maintenance and parts supplies available through the local vendor, Siddons Martin Emergency Group, LLC. Siddons-Martin Emergency Group, LLC, the only authorized Pierce dealer in the state of Texas, submitted a BuyBoard quote for one (1) 2020 model Pierce Velocity TM Pumper Engine. The new Engine will enter frontline service as a fleet addition to Station 3. The current Station 3 engine FD1635 will go into reserve status and be utilized at new Station 8 when completed. By submitting a full prepayment for chassis and interest of $739,631 for the Pierce Velocity TM Pumper, the City of Denton will receive a prepay discount of $21,162. Pricing obtained through the Buy Board Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 1, 2005, Council approved the interlocal agreement with the Buy Board Cooperative Purchasing Network (Ordinance 2005-034). RECOMMENDATION Award a contract with Siddons-Martin Emergency Group, LLC, for the purchase of one (1) Pierce Velocity Pumper Apparatus for the Fire Department, in the not-to-exceed amount of $739,631. PRINCIPAL PLACE OF BUSINESS Siddons-Martin Emergency Group, LLC Houston, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the items will occur within 210-240 days after receipt of order. FISCAL INFORMATION This purchase will be funded from 810457408.1355.30100 using Certificate of Obligation Bonds for FY 19-20 Vehicle and Equipment Replacements in the amount of $739,631. Requisition #144987 has been entered in the Purchasing software system. The budgeted amount for this item is $739,631. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Quote Exhibit 3: LLC Members Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7148 Purchasing Manager For information concerning this acquisition, contact: Terry Kader, 940-349-8729. Legal point of contact: Mack Reinwand at 940-349-8333. City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7102 for only 651 Mayhill Road and alternate items thereto (Lines 6-12), Purchasing Departments; and providing an effective date (RFP 7102). RFP INFORMATION/BACKGROUND This project was initiated to provide newly expanded locations for the C Department and larger Warehouse and laydown storage yard space for Materials Management. Both groups currently reside at the Service Center and will relocate once the project is completed. Along with these departments, it was decided to incorporate the Purchasing Department, also currently at the Service Center. This relocation was to facilitate the relocation of the Parks Department into their former space, thus allowing Parks to be in one location. The solicitation approach was to bundle the project as item number three (3) with two others located on the Service Center property with the goal of receiving a lump sum bid. This resulted in an incoming bid of six million nine hundred and ninety-eight dollars ($6,998,000) for item three (3) alone. This was over the initial allotted city budget for this project by nearly one and a half million dollars for construction alone. We intend to resolicit bids with a reduced time requirement that will include a redefined scope of work in multiple phases to assist in the efforts to get primarily the Purchasing department relocated. This will then start the move for other departments for the benefit of the City Hall East Police Department Headquarters renovation project. Another reason for re-bid is to entice an additional range of General Contractors who may bid in this next solicitation. In accordance with the Local Government Code 252.043, the City Council may reject any and all bids. RECOMMENDATION Staff recommends rejection of Warehouse, and Material Management Departments Item number three (3). EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Larry Chan, 940-349-7755. Legal point of contact: Mack Reinwand at 940-349-8333. City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Police CM/ DCM/ ACM: Todd Hileman, City Manager DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton amending Ordinance No. 19-2520, establishing the classifications and prescribing the number of positions in each classification for the Police Department pursuant to Chapter 143 of the Texas Local Government Code; providing repealer, cumulative, and severability clauses; and declaring an effective date. BACKGROUND Texas Local Government Code Chapter 143, requires governing bodies of all jurisdictions with Civil Service employees to officially authorize the exact number of employees. The City Council last approved the authorized number of Police Department Civil Service positions by Ordinance 19-2520, on October 22, 2019. During Fiscal Year 2019-20, the Department received an addition of three (3) full-time sworn positions for the Student Resource Officer Program in partnership with the Denton Independent School District, increasing the Dotal authorized strength from 192 to 195. FY 2019-20 FY 2019-20 Classification Authorized Staffing Mid-Year Appropriation Police Chief 0 0 Assistant Chief 1 1 Deputy Chief 2 2 Captain 0 0 Lieutenant 10 10 Sergeant 22 22 Police Officer & Recruit 157 160 Total 192 195 FISCAL INFORMATION N/A EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Respectfully submitted: Frank Dixon Chief of Police Prepared by: Shanika Mayo Assistant Director ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AMENDING ORDINANCE NO. 19-2520, ESTABLISHING THE CLASSIFICATIONS AND PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION FOR THE POLICE DEPARTMENT PURSUANT TO CHAPTER 143 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING REPEALER, CUMULATIVE, AND SEVERABILITY CLAUSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 143.021, Texas Local Government Code, the City of Denton City Council is required to establish the classifications and prescribe the number of positions in each classification for Police Department personnel by ordinance; and WHEREAS, on October 22, 2019, the City Council passed Ordinance No. 19-2520, adopting and approving a schedule of Authorized Positions relating to the classifications of police officers; and WHEREAS, since the passage of Ordinance No. 19-2520, the Police Department has reviewed and updated the titles and number of positions designated for classifications of Police Department personnel and are submitting those revisions to the City Council for review and the City of Denton; and WHEREAS, the City Council has considered these updated classification titles and numbers and has found these changes to be in the City best interest; NOW, THEREFORE, WHEREAS, the City Council has determined that Ordinance No. 19-2520 should be amended to reflect the revised classification titles and total number of Police Department positions; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 19-2520 is hereby amended as provided herein. SECTION 2. The City Council hereby adopts and approves a schedule prescribing the revised titles and number of positions for the following Police Department Classifications for FY 2019-2020, as shown in the table attached hereto and incorporated by reference herein as Exhibit "A." SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Denton, except where the provisions of the ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared Page 1 unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitutional phase, clause, sentence, paragraph, or section. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval as provided by law. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________; the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2019. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ Page 2 POLICE DEPARTMENT FY 2019-20 FY 2019-20 Classification Authorized Staffing Mid-Year Appropriation Police Chief 0 0 Assistant Chief 1 1 Deputy Chief 2 2 Captain 0 0 Lieutenant 10 10 Sergeant 22 22 Police Officer & Recruit 157 160 Total 192 195 Page 3 City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: POLICE CM/ DCM/ ACM: Todd Hileman DATE: December 17, 2019 SUBJECT Consider approval of a resolution of the City of Denton authorizing the City Manager or his designee to amend the Memorandum of Understanding with the Denton Independent School District (DISD), for a reimbursement to the City in the increased estimated amount of $610,456 for compensation and benefits of Student Resource Officers (SROs) assigned at DISD for the period of July 1, 2019, through June 30, 2020, and providing an effective date. BACKGROUND On September 24, 2019, the City entered into a Memorandum of Understanding with the Denton Independent School District for the Student Resource Officer Program for Fiscal Year 2019-20. During a joint meeting held with the City and the Denton Independent School District on December 2, 2019, DISD requested three (3) additional Student Resource Officers (SROs). DISD has agreed to continue to reimburse the City for the annual salary and fringe benefits of the current six (6) SROs at a rate of fifty (50) percent and one hundred (100) percent for the three (3) additional requested, effective January 1, 2020 through June 30, 2020. Due to the limited number of DISD Board meetings for the remainder of 2019, DISD will sign the amended MOU at their January 14, 2020 Board meeting. RECOMMENDATION Staff recommends Council approve the amended Memorandum of Understanding with DISD for the SRO Program. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the December 2, 2019, Joint City Council/DISD meeting, Council and DISD approved the amendment of the Memorandum of Understanding (MOU) for Student Resource Officers (SROs). On September 24, 2019, Council approved Resolution 19-2057 authorizing a MOU with DISD. FISCAL INFORMATION Estimated reimbursement from DISD will be $610,456. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Resolution and Amended MOU Agreement Respectfully submitted: Frank Dixon Chief of Police Prepared by: Shanika Mayo Assistant Director RESOLUTION NO. _______________ CONSIDER APPROVAL OF A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AMEND THE MEMORANDUM OF UNDERSTANDING WITH THE DENTON INDEPENDENT SCHOOL DISTRICT (DISD), FOR A REIMBURSEMENT TO THE CITY IN THE INCREASED ESTIMATED AMOUNT OF $610,456 FOR COMPENSATION AND BENEFITS OF STUDENT RESOURCE OFFICERS (SROs) ASSIGNED AT DISD FOR THE PERIOD OF JULY 1, 2019, THROUGH JUNE 30, 2020, AND PROVIDING AN EFFECTIVE DATE. ) desire to amend their agreement to provide Student Resource Officers; and WHEREAS, the mission of the SRO Program is the reduction and prevention of school related crime committed by juveniles and young adults, while providing safety and security for the students, faculty and staff; and WHEREAS, the City and DISD, parties hereto agree and by the execution hereof are bound to the mutual obligations outlined in the Memorandum of Understanding - Amended (MOU) attached hereto and made a part hereof by reference; and WHEREAS, the City Council of the City of Denton hereby finds that the MOU between the City and DISD serves a municipal and public purpose, is in the public interest, and of a benefit to the citizens of the city of Denton; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2: That the City Manager, or his designee, is hereby authorized to execute an amended Memorandum of Understanding Amended with the Denton Independent School District to carry out the duties and responsibilities of the City under the MOU, which is attached hereto as Exhibit SECTION 3: That this Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by __________________________ and seconded by _________________________________; this Resolution was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the ______ day of ______________________, 2019. _______________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _________________________________ MEMORANDUM OF UNDERSTANDING (MOU) AMENDED This Memorandum of Understanding - Amended (MOU) is between Denton Independent Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating entities listed above. I. Purpose This MOU establishes and delineates the mission of the Student Resource Officer Program, herein referred to as the SRO Program, as a joint cooperative effort, whereby the City hereby wishes to provide one or more Student Resource Officers for the SRO Program, and DISD wishes to share the costs of providing Student Resource Officers. Additionally, the MOU formalizes relationships between the participating entities building a positive relationship between police officers and students. II. Mission The mission of the SRO Program is the reduction and prevention of school related crime committed by juveniles or young adults, while providing safety and security to students, faculty, and staff. To accomplish this mission police officers, herein referred to as SROs, will be assigned to the following schools: Denton High School Ryan High School Guyer High School Calhoun Middle School Strickland Middle School McMath Middle School The SRO Program accomplishes this mission by creating and maintaining safe, secure, and orderly learning environments for students, school officials, teachers, and staff. The SROs will establish trusted communication between students, parents, teachers, and school officials. SROs will promote citizen awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations, as well as consequences for violating the law. SROs will serve as a resource for students, school officials, and parents and will provide information on available community resources. The following goals are established to accomplish this mission. III. SRO Program Goals The following goals are established to accomplish the mission of the SRO Program: A. Promote a safe environment for students, faculty, and staff. B. Reduce criminal offenses committed by juveniles or young adults by utilizing both proactive and reactive law enforcement measures. C. Establish a positive approach with students, faculty, administrative staff, and parents. IV. Organizational Structure A. Composition SROs are full-time Denton Police Department personnel who are certified peace officers for the State of Texas and meet all requirements as set forth by the Denton Police Department General Orders. B. Supervision The daily operation and administrative control of the SRO Program is the responsibility of the Denton Police Department. Responsibility for the conduct of SROs, both personally and professionally, remains with the Denton Police Department. The Denton Police Department shall retain supervision of SROs to oversee the SRO Program. In the performance of SRO duties, the SROs shall are assigned. V. Procedures A. Concept SROs are Law Enforcement Officers. SROs are responsible for carrying out all duties and responsibilities of a police officer and shall at all times, through the chain of command, remain under the exclusive control of the Denton Police Department. SROs are enforcement officers in regards to CRIMINAL matters only. SROs shall ,as they are not school disciplinarians and should not assume this role. SROs will not become involved in administrative matters of the DISD which are not criminal matters. SROs are to be used as a law enforcement resource to assist students, faculty, staff, and all persons involved with the DISD. SROs may be called upon to teach a variety of law enforcement related subjects to students, school staff, and officials. Teaching is not only a formal opportunity to educate the campus population, but also another method to build rapport with students, school staff, and officials. B. SRO Duties and Responsibilities Denton Police Department SRO responsibilities will include, but are not limited to: 1) Enforcing criminal law and protecting the students, staff, and public at large against criminal activity, and taking enforcement action on criminal matters when appropriate; 2) Taking initial reports of crimes committed on campus and, if practical, investigating these crimes according to the case clearance criteria of the Denton Police Department; 3) Providing information concerning law enforcement topics to students, school officials and staff; 4) As time allows, presenting information in the classroom on a variety of topics including, but not limited to, narcotics, personal safety, criminal law, leadership and life skills; and VI. Roles and Responsibilities A. DISD shall provide the SRO of each campus with the following facilities and materials deemed necessary to the performance of the SROs duties: 1) An air conditioned and properly lighted, private office, which may be used for general business purposes, located as close as possible to the main entrance of the school; 2) A desk with drawers, chair, and a locking filing cabinet; 3) A computer; 4) The opportunity to participate in appropriate classroom instruction, as time allows; and 5) The opportunity to address teachers and school administrators concerning the SRO Program goals and objectives. B. Effective June 1, 2019 through June 30, 2020, DISD agrees to reimburse the City of Denton at a rate of fifty (50) percent of each SROs annual salary, plus fringe benefits. Effective January 1, 2020 through June 30, 2020, DISD agrees to reimburse the City of Denton for the annual salary and fringe benefits at a rate of fifty (50) percent for six SROs and at a rate of one hundred (100) percent for three additional (3) . Reimbursement of ts inclusive of any overtime, longevity pay, assignment pay, certification pay, holiday pay, and any other pay each assigned SRO may be eligible to receive under the Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association and/or under Chapter 143 of the Texas Local Government Code for SROs assigned to the following campuses: Denton High School Ryan High School Guyer High School Calhoun Middle School McMath Middle School Strickland Middle School C. DPD will endeavor to have SROs available for duty at their assigned school each day that school is in session during the regular school year. There is no requirement for DPD to furnish substitute officers on days when the assigned SRO is absent. D. The DPD agrees to invoice the DISD quarterly for all monies owed as a result of this MOU, and to submit appropriate payroll documentation with the invoice. All invoices will be due immediately and should be paid within thirty (30) days of receipt by DISD. E. The amount of reimbursement set forth in Section VI Paragraph B of this Memorandum of Understanding - Amended shall, effective the date of the execution hereof, be as set forth in Attachment 1 hereto and made a part of this MOU by reference. The amount of such reimbursement shall thereafter be adjusted not less frequently than annually in accordance with the setting of annual salary and benefits for the SROs by the Denton City Council. VII. Termination This MOU may be terminated by either party upon thirty (30) days written notice in writing to the other party at the addresses provided below. Further, this MOU will automatically terminate in accordance with provision VIII, Timeframe, below. DISD shall be responsible for its respective share of the SROs ongoing costs incurred as of the termination date of this MOU. Timeframe This amended MOU will commence on January 1, 2020 and will dissolve on June 30, 2020 at the end of the 2019-2020 school year. Agreed to in cooperation with the City of Denton Police Department and the Denton Independent School District. AUTHORIZED SIGNATURES: __________________________________ ________________________ Todd Hileman, City Manager Date City of Denton 215 E. McKinney Denton, TX 76201 ____________________________________ ________________________ Dr. Jamie Wilson, Superintendent of Schools Date Denton Independent School District 1307 N. Locust Denton, TX 76201 ATTEST: _____________________________ Rosa Rios, City Secretary City of Denton APPROVED AS TO FORM: _____________________________ Aaron Leal, City Attorney City of Denton Attachment 1 Amended* FY19-20 DISD Quarterly Billing Plan 2019 2020 Total Amended Reimbursement Quarterly July - Sept Oct - Dec Jan - Mar April - June Billing Plan $ 201,046 $ 201,046 $ 104,182 $ 104,182 $ 610,456 *Amended reimbursement includes change from current to include; 50% of the estimated salary and fringe benefits for six (6) SRO's and 100% for three (3) additional SRO's for the quarterly billing period of January 1, 2020 thru June 30, 2020. Compensation estimates are taken from the 19-20 Personnel Services Calculator. City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Traffic Engineering CM/ DCM/ ACM: Mario Canizares DATE:12/17/2019 SUBJECT Consideradoptionofanordinance of the City of Denton, a Texas home-rule municipal corporation, setting the amount to be charged for eachfee created in Division 3, Rights-of-Way Construction Management, Article II - Construction and Repair, Chapter 25 Streets, Sidewalks and PublicPlaces, of BACKGROUND th Article II of the Right of Way ordinance was adopted on November 19 to Address the use of the public rights-of-way for construction and safety purposes. Part of the ordinance provides for Rights-of-Way permit application fees, permit expiration fees, and barricade fees. In order to house fees in centralizedlocationrather than embeddedinto theordinance,the cityof Denton seeksto establish fees related to Article II by separate Ordinance. OPTIONS 1.Approve proposed ordinance 2.Decline to approve proposed ordinance RECOMMENDATION Staff recommends approval of the proposed Schedule of Fees PRIOR ACTION/REVIEW (Council, Boards, Commissions) Work Session November 19, 2019. EXHIBITS 1.Agenda Information Sheet 2.Schedule of FeesOrdinance Respectfully submitted: Todd Estes, 940-349-8917 City Engineer Prepared by: Haley Salazar Sr. Business Analyst 940-349-7227 City Hall City of Denton 215 E. McKinney Street Denton, Texas www.cityofdenton.co m __________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with SAE Towers, LTD, for galvanized steel transmission poles, anchor cages, and associated hardware for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 7152 awarded to SAE Towers, LTD, in the not-to-exceed amount of $1,718,905). RFP INFORMATION/BACKGROUND Denton Municipal Electric (DME) has several planned transmission line projects in its approved five- year Capital Improvement Plan (CIP) that will require the purchase of galvanized steel transmission poles. This RFP provides steel transmission poles, galvanized steel hardware, and anchor bolt cages for two transmission line projects listed below. 138kV Cooper Creek to Arco Transmission Line Rebuild: This project will rebuild 1.5 miles of the existing Cooper Creek to Arco transmission line to provide the capacity needed to meet the requirements of the Electric Reliability Council of Texas contingency planning criteria. The existing poles are not adequate to support the larger conductor required to meet the needed capacity. Fifteen (15) poles are required for this project and are included in this RFP. The Cooper Creek to Arco transmission line is owned by Texas Municipal Power Agency (TMPA) and as required in the Transmission Operator, Maintenance, and Constru procurement and construction for TMPA capital projects in the Denton area. DME will be reimbursed for the cost of the poles and for the cost of the whole project. The project location is shown in Exhibit 3. 138kV Pockrus to Brinker Transmission Line Phase 2: Phase 2 of the Pockrus to Brinker transmission line project installs 0.6 miles of new transmission line from the existing Pockrus Substation to the existing first phase of transmission line at Edwards Road. Eleven (11) poles are required for this phase of the project and are included in this RFP. This transmission line will provide the capacity needed to meet the requirements of the Electric Reliability Council of Texas contingency planning criteria. The project location is shown in Exhibit 4. Requests for Proposals were sent to 46 prospective suppliers. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals were received and evaluated based upon published criteria including delivery, compliance with specifications, probable performance, and price. Based upon this evaluation, SAE Towers, LTD, was ranked the highest and determined to be the best value for the City. This item is being presented to the City Council before review by the PUB in order to facilitate construction of the Cooper Creek to Arco rebuild project prior to the ERCOT summer 2020 moratorium th on outages. ERCOT will not approve, other than emergency outages, between May 15 and September 15. This project has been identified by ERCOT as a critical need with reconstruction requested to be completed prior to summer of 2020. To complete reconstruction of the line not later than May 15, 2020, poles must be received not later than mid-March. The vendor has agreed to provide delivery not later th than March 15, 2020 if the purchase can be approved by December 17. The AIS and all supporting documents, except for the signed contract, were prepared and ready in time for the November PUB th meeting. Unfortunately, agreement to terms and conditions was not achieved until December 5. This did not allow time to get documents into the system to present the item to the PUB on December 9th. Requests for Proposals were sent to 46 prospective suppliers. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals were received and evaluated based upon published criteria including delivery, compliance with specifications, probable performance, and price. Based upon this evaluation, SAE Towers, LTD, was ranked the highest and determined to be the best value for the City. NIGP Code Used for Solicitation: 570 Notifications sent for Solicitation sent in IonWave: 46 Number of Suppliers that viewed Solicitation in IonWave: 10 5 HUB-Historically Underutilized Business Invitations sent out: 15 SBE-Small Business Enterprise Invitations sent out: Responses from Solicitation: 3 RECOMMENDATION Award a contract with SAE Towers, LTD, for the supply of galvanized steel transmission poles, anchor bolt assemblies, and galvanized steel hardware in an amount not-to-exceed $1,718,905. PRINCIPAL PLACE OF BUSINESS SAE Towers, LTD Houston, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the items will occur within 24 weeks after receipt of order. FISCAL INFORMATION These items will be funded from Denton Municipal Electric account 600755500.1350.3550 (Pockrus to Brinker Transmission Line Phase 2, requiring 11 poles at a cost of $890,917) and account 6035110500. 1350.3550 (Cooper Creek to Arco Transmission Line Rebuild, requiring 15 poles at a cost of $827,988). Requisition #144633 has been entered into the Purchasing software system in the amount of $1,718,905. The budgeted amount for this item is $1,718,905. The $890,917 amount for the Pockrus to Brinker project will ultimately be recovered through the Public Utility Commission Transmission Cost of Service (TCOS) program. The $827,988 amount for the Cooper Creek to Arco Rebuild project will be reimbursed by the Texas Municipal Power Agency pursuant to terms in the Transmission Operator, Maintenance, and Construction S EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Cooper Creek to Arco Project Location Map Exhibit 4: Phase 2 - Pockrus to Brinker Project Location Map Exhibit 5: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Chuck Sears, 940-349-7111. Legal point of contact: Mack Reinwand at 940-349-8333. $45,680$37,485$20,500$23,360$26,480$30,000 $115,500$149,890$438,270$147,250$131,400$105,930$272,130$205,060$147,975 Total Price 76 114569 $7,180 18 Weeks $10,600$12,045$39,280$58,985$42,440$32,220$35,835$54,890$35,905 $1,896,910 Austin, TX Cage Price Techline, Inc.Techline, Inc. Anchor Bolt Price $23,100$35,080$25,440$20,500$21,900$23,360$26,480$73,710$22,820 $110,610$160,150$104,810$100,230$150,170$112,070 Unit Pole $63,810$34,629$22,526$25,051$29,676$33,417 $133,640$143,588$390,264$132,171$140,185$106,859$235,047$201,949$140,290 Total Price 4 11104772 $7,472$4,286 28 Weeks $11,343$28,683$39,559$30,754$23,531$23,913$39,980$26,671 $1,833,102 Cage Price Anchor Bolt Haltom City, TX MICA Steelworks, Inc.MICA Steelworks, Inc. Price $26,728$52,467$27,158$22,526$23,364$25,051$29,676$83,327$93,611$29,132 $114,905$155,573$101,417$161,969$113,619 Unit Pole $40,087$31,407$22,552$26,179$30,046$88,623$31,134 $135,105$128,302$369,614$186,402$146,004$224,252$155,080$104,118 Total Price 8 11115080 $6,378$7,424$4,258 24 Weeks $25,223$65,522$65,522$27,515$36,688$30,031$18,345 $1,718,905 Houston, TX Cage Price Anchor Bolt SAE Towers, Ltd.SAE Towers, Ltd. Price $27,021$33,709$23,983$22,552$24,334$26,179$30,046$61,108$75,438$26,876$85,773 $103,079$119,285$120,880$125,049 Unit Pole 511121161112111 Qty Total:Total: TUS-5AR TUS-7GUTUS-7GATUS-7GA TUS-2DCU TUS-7G-M1 Pole NumberTPS-138DCUTUS-7GAU-2TPS-138DCX TUS-7GU-2MTUS-7GX-M1 TPS-138DC-M1TPS-138DC-M1TPS-138DC-M1TPS-138DC-M1 Respondent's Business Name: Principal Place of Business (City of State): Total Delivery Time for all Poles and Cages: Evaluation Description 100' Foundation Steel Transmission Pole Edwards to South Pockrus Transmission Line Poles120' Embedded Steel Transmission Pole100' Foundation Steel Transmission Pole80' Foundation Steel Transmission Pole100' Foundation Steel Transmission Pole95' Foundation Steel Transmission Pole Note: Quantity changed from 2 to 1. After further evaluation from DME, only 1 pole is required for this line itemCooper Creek to Arco Transmission Line Poles105' Embedded Steel Transmission Pole110' Embedded Steel Transmission Pole115' Embedded Steel Transmission Pole125' Embedded Steel Transmission Pole85' Foundation Steel Transmission Pole95' Foundation Steel Transmission Pole100' Foundation Steel Transmission Pole105' Foundation Steel Transmission Pole105' Foundation Steel Transmission PoleDelivery 15%Compliance with Specifications 20%Probable Performance 15%Price 50% 1234 123456789 101112131415 Exhibit 2RFP 7152 - Pricing Evaluation for Galvanized Steel Transmission PolesLine Item By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization et seqet seq TPS-138DCU TUS-2DCU TUS-5AR TUS-7GAU-2 TUS-7GU TUS-7GU-2M TPS-138DC-M1 TPS-138DC-M1 TPS-138DC-M1 TPS-138DC-M1 TUS-7GX-M1 TUS-7GA TPS-138DCX TUS-7G-M1 TUS-7GA See City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, in accordance with Chapter 252.024 of the Texas Local Government Code such coverage is exempt from the requirements of competitive bidding; and providing an effective date (File 7263 - awarded to Midwest Employers Casualty Company at a rate of $0.1779 per $100 of payroll, in the three (3) year not-to-exceed amount of $675,000). INFORMATION /BACKGROUND Employers Casualty Company (MECC). The City has a $500,000 per occurrence Self-Insured Retention (SIR) compensation. Although the City is self- still liable for all reasonable and necessary medical expenses, indemnity benefits, impairment benefits, and other related expenses if an employee is injured on the job while in the course and scope of employment, chased the excess policy to provide an added layer of protection to our self-funded program. Our expiring premium with MECC was based on a rate of $0.1711 per $100 of payroll, for an estimated annual premium of $181,398 in 2019. Given the complexities of this insurance product solicitation as described in greater detail below, and given that Chapter 252.024 of the Texas Local Government Code provides that such products are exempt from the requirements of competitive bidding, the City utilized the services of our sole broker of record, McGriff, Seibels, and Williams (McGriff), to assist us in procuring these coverages without going through the Request for Proposal (RFP) process. Over the past several months, McGriff has been actively engaged in the global excess market on behalf of recent years which means that annual premiums for this product have increased significantly and many insurance carriers have left the market entirely. Those insurance carriers who remain in the market are underwriters for these excess insurance companies are requiring much more information from a prospective insured than they have in the past. As a result, McGriff received responses from two (2) Midwest Employers Casualty Company (incumbent) provided three options: $203,492 for a $600,000 SIR; $190,909 for a $750,000 SIR; and $168,490 for a $1,000,000 SIR Safety National provided one option: $171,807 for a $750 compensation insurance if they also provide the excess liability insurance see File # 7264) A detailed analysis of the proposals from Midwest Employers Casualty Company and Safety National can be found in Exhibit 2 and Exhibit 3. The total annual premium for excess insurance is a function of the total payroll number for the City. The proposed rate from Midwest Employers Casualty Company represents a 4% rate increase with a 7.9% increase in total payroll compared to last fiscal year. Based on the evaluation of the proposals, both staff and our broker of record, McGriff, recommend the purchase of $600,000 SIR, for the rate of $0.1779 per $100 of payroll, for an estimated one-year premium of $203,492. The premium proposed by MECC does not represent the lowest overall upfront total cost to the City. However, the annual premium savings of approximately $31,000, when compared with the potential of the City being responsible for an additional $150,000 per claim, does not seem to be in the best interest of the City pe of cap on total claim cost. 5080 Spectrum Drive, Suite 900E, Addison, TX 75001. Midwest Employers Casualty Company is headquartered in Chesterfield, Missouri. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) In December of 2016, the City Council awarded a contract for to McGriff, Seibels & Williams with coverage placed with Midwest Employers Casualty Company. RECOMMENDATION Award a contract with Midwest Employers Casualty Company, for insurance, in a three (3) year not-to-exceed amount of $675,000. PRINCIPAL PLACE OF BUSINESS McGriff, Seibels and Williams, Inc. Winston-Salem, NC ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION These services will be funded from Excess W/C Insurance account 860002.6719. The budgeted amount for this item is $675,000. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Exhibit 4: Broker Recommendation Letter Exhibit 5: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Cassandra Ogden, 940-349-7195. Legal point of contact: Mack Reinwand at 940-349-8333. Excess Workers’ Compensation Quote Effective Dates: December 31, 2019 –2020 Carrier:Midwest Employers CasualtyCorporation A.M. Best Rating: A+ XV Quote Options: Policy TermsOption 1Option 2Option 3 Named StatesTXTXTX Specific: Specific LimitStatutoryStatutoryStatutory Specific Retention$600,000$750,000$1,000,000 Employers Liability: Employers Liability Limit$1,000,000$1,000,000$1,000,000 Employers Liability Retention:See SpecificSee SpecificSee Specific Aggregate:N/AN/AN/A Rating Basis: Est. Annual Payroll$114,385,473 $114,385,473$114,385,473 Est. Annual Manual Premium$1,304,137$1,304,137$1,304,137 Rate:0.17790.16690.1473 Premium: Total Est. Premium$203,492$190,909$168,490 Policy Minimum Premium$183,143$171,818$151,641 Deposit Premium$203,492$190,909$168,490 Terrorism Risk Ins. Act of 2002 (including in Total $6,105$5,727$5,055 Deposit Due) Total Premium Due:$203,492$190,909$168,490 CONDITIONS / COMMENTS: *MECC must be notified of any aircraft changes occurring during the policy period. *A signed application must be received prior to policy issuance The following endorsements apply to all quote options: CMB-11 Amendment to Schedule Item 11 CMB-197 Policyholder Disclosure Notice of Terrorism Insurance ISI-254-EXC Aircraft Exclusion ISI-TX Texas ISI-TX-A Texas –Governmental Entities CMB-TX Texas Important Notice CMB-TX-EL Texas Employers Liability PolicyholderDisclosure Notice of Terrorism Insurance Coverage Coverage for acts of terrorism, as defined in the Terrorism Risk Insurance Act as amended, (the "Act"), is included in the quote for your policy. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury--in consultation with the Secretary of Homeland Security, and the Attorney General of the United States--to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage, any losses resulting from certified actsofterrorism maybepartiallyreimbursedbytheUnitedStatesGovernmentunderaformulaestablishedbytheAct. However, your policy may contain other exclusions which might affect your coverage, such as an exclusion for nuclear events. Under the formula,the United States Government generally reimburses 85% through 2015; 84% beginning on January1,2016;83%beginningonJanuary1,2017;82%beginningonJanuary1,2018;81%beginningonJanuary1, 2019 and 80% beginning on January 1, 2020 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Act contains a $100 billion cap that limits United States Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may bereduced. The portion of your annual premium that is attributable to coverage for acts of terrorism, as defined in the Act, is shown below and does not include any charges for the portion of losses covered by the United States Government under the Act. 022466002246610225037 TRIA Charge$6,105$5,727$5,055 Nameof Insurer:Midwest Employers CasualtyCompany Nameof Insured:City ofDenton Compensation Statement Our principal remuneration for the placement and service of your insurance policy(ies) will be by commission (a proportion of the premium paid that is allowed to us by the insurance company(ies)) and/or a mutually agreed fee. You should be aware that we may receive additional income from the following sources: Interest or Investment Incomeearned on insurancepremiums. Expense Allowances or Reimbursements from insurance companies and other vendors for (a) educational and professional development programs; (b) managing and administering certain binding authorities and other similar facilities, including claims which may arise; and (c) attendance at insurance company meetings and events; all of which we believe enable us to provide more efficient service and competitive terms to those clients for whom we consider the use of such facilitiesappropriate. Tier II Commission (sometimes referred to as “extra compensation”) is exclusive to the placement of employee benefits insurance and is based on premium volume of new business and/or premiumretention. Contingent Commission (sometimes referred to as “profit sharing”) which can be based on profitability, premium volume, premium retention, and/or growth. If any part of your account is on a fee basis, we will not accept contingent commissions related to your account. If you have questionsor desire additional information about remuneration and other income, please contact your Agent who will put you in touch with our Chief Risk Manager for assistance. If any part of your insurance program is placed through any BB&T-owned companies (including retail insurance brokers McGriff Insurance Services, Inc. and BB&T Insurance Services of California, Inc.; wholesale insurance brokers CRC Insurance Services, Inc. and Crump Life Insurance Services, Inc.; managing general underwriter AmRisc, LLC; insurance premium finance company, Prime Rate Premium Finance Corporation, Inc. or affiliates; or BB&T Assurance Company, Ltd.) disclosure of that income will also be included. 06/2018 ed Excess Workers’ Compensation Quote Effective Dates: December 31, 2019 –2020 Carrier:Safety National Casualty Company A.M. Best Rating: A+ XV Quote Options: Policy TermsOption 1 Named StatesTX Specific: Specific LimitStatutory Specific Retention$750,000 Employers Liability: Employers Liability Limit$2,000,000 Employers Liability Retention:See Specific Aggregate:N/A Rating Basis: Est. Annual Payroll$114,385,473 Est. Annual Manual Premium$1,199,352 Rate:0.1502 Premium: Policy Minimum Premium$171,807 Deposit Premium$171,807 Total Premium Due:$171,807 Endorsements: TEXAS MANDATORY ENDORSEMENT(S), IF APPLICABLE 0288 00 0908 (XWC) EMPLOYERS' LIABILITY PER OCCURRENCE & AGGREGATE MAXIMUM LIMITS OF LIABILITY 0467 02 1105 (XWC) EMPLOYERS' LIABILITY MAXIMUM LIMIT AND AGGREGATE MAXIMUM LIMIT OF INDEMNITY 1061 15 0519 (XWC) POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE Contingencies: The quote is subject to the following: 1.Terms are contingent on binding both the XSWC and Public Entity Casualty coverages with Safety National. Comments: 1.Endorsements mandated by the coverage state(s)will automatically be added to your policy regardless of whether they are shown in the above schedule. In addition, a change in an endorsement form number may occur as a result of state filing requirements/updates arising subsequent to this quote. 2.Included in our quote: MAP Client Services. These resources consist of both risk control and claim services, including resources like Safety Essentials Online, Workers' Comp Kit, and Safety Training Source. Medical Management Program. These services help facilitate complicated claims towards the best-possible outcome. Available services include Catastrophic Claims Consulting, Impartial Medical Review, Long-Term Claims Evaluation, and Chronic Pain & Opioid Dependency Programs. This Agreement will include coverage for Workers' Compensation loss caused by acts of terrorism as defined in theAgreement. Coverage for such losses will still be subject to all terms, definitions, exclusions, and conditions in the Agreement, & any applicable federal and/or state laws, rules, or regulations. Be advised that, under the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization of 2015 (collectively, the Act), terrorism losses would be partially reimbursed by the U.S. Government under a formula established by the Act. Under this formula, the U.S. Government would generally reimburse 80% to 85% of covered terrorism losses exceeding a deductible paid by us. The Act contains $100 billion cap that limits the reimbursement from the U.S. Government as well as from all insurers. If aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. The portion of the EMPLOYER's annual premium attributable to coverage for losses caused by a certified act of terrorism is: 0.5% Compensation Statement Our principal remuneration for the placement and service of your insurance policy(ies) will be by commission (a proportion of the premium paid that is allowed to us by the insurance company(ies)) and/or a mutually agreed fee. You should be aware that we may receive additional income from the following sources: Interest or Investment Incomeearned on insurancepremiums. Expense Allowances or Reimbursements from insurance companies and other vendors for (a) educational and professional development programs; (b) managing and administering certain binding authorities and other similar facilities, including claims which may arise; and (c) attendance at insurance company meetings and events; all of which we believe enable us to provide more efficient service and competitive terms to those clients for whom we consider the use of such facilitiesappropriate. Tier II Commission (sometimes referred to as “extra compensation”) is exclusive to the placement of employee benefits insurance and is based on premium volume of new business and/or premiumretention. Contingent Commission (sometimes referred to as “profit sharing”) which can be based on profitability, premium volume, premium retention, and/or growth. If any part of your account is on a fee basis, we will not accept contingent commissions related to your account. If you have questionsor desire additional information about remuneration and other income, please contact your Agent who will put you in touch with our Chief Risk Manager for assistance. If any part of your insurance program is placed through any BB&T-owned companies (including retail insurance brokers McGriff Insurance Services, Inc. and BB&T Insurance Services of California, Inc.; wholesale insurance brokers CRC Insurance Services, Inc. and Crump Life Insurance Services, Inc.; managing general underwriter AmRisc, LLC; insurance premium finance company, Prime Rate Premium Finance Corporation, Inc. or affiliates; or BB&T Assurance Company, Ltd.) disclosure of that income will also be included. 06/2018 ed MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 5080 Spectrum Drive, Suite 900E, Addison, TX 75001 Tel (469) 232-2100 Fax (469) 232-2101 December 6, 2019 Mr. Scott Payne Risk Management Department City of Denton 601 E. Hickory Denton, TX 76205 Re:2019-20Excess Casualty and Excess Worker’s Compensation Renewal Scott, Thank you for the opportunity to assist theCity of Denton with the 2019-2020Excess Casualty and Excess Workers’Compensation insurance policy renewal. Excess Casualty Although the Casualty marketplace has seen flat rates for most of the year, there has been some tightening in this area with a reduction in capacity. Fourth quarter forecasts were predicting 5-10% rate increases. The incumbent carrier, Chubb offered a renewal quote for the excess casualty with a slight rate increase in combination with the City’s exposure increase. McGriff took the coverage to market and receivedfour quotes including the incumbent. All of the terms and conditions are comparableand the self-insured retention of $500,000 is as per the expiring terms. Argonaut Insurance Company has submitted the most competitive quote of $239,433. This is 5.85% lower than the expiring program. McGriffrecommendsthe City renew its Excess Casualty Insurancewith Argonaut Insurance Company, ExcludingTerrorism Coverage,for a total annual premium of $239,433. Excess Workers’Compensation Although the Excess Workers’Compensation market has remained relatively flat for the last two years, Police and Fire employees are still a large concern in the Worker’s Compensation marketplace. Carriers are consistently looking for higher retentions for this class of employees. The City of Denton has suffered several large workers’compensation claims over the last few years with the last one being the unfortunate shooting of one of your police officers. This activity is being reflected in the quotes provided at renewal for the City’s Excess Workers’Compensation. We received from two separatecarriers with the incumbent providing three(3) retention options. Due to recent claims, the carriers are no longer offering the City’s current retention of $500,000. The incumbent carrier has increased the retention to $600,000 and offered additional retention levels of $750,000 and $1,000,000. Although the additional retention levels provide some premium relief, it is our opinion that the $12,583 difference in premium is not a good exchange of dollars to take on an additional $150,000 in retention. McGriffrecommendsthe City renew its Excess Workers’CompensationInsurancewith Midwest Casualty Company for a total annual deposit premium of $203,492. Thank you for the opportunity to work with the City of Denton. Please let us know if you have any questions regarding this renewal. Sincerely, Robert Waggoner, ARM SeniorVice President, Public Entity McGriff, Seibels & Williams, Inc. RW/tkh City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing, and approving the purchase of Excess Liability Insurance Coverage for the City of Denton, with Chapter 252.024 of the Texas Local Government Code such coverage is exempt from the requirements of competitive bidding; and providing an effective date (File 7264 - awarded to Argo Group International Holdings Ltd., in the three (3) year not-to-exceed amount of $755,000). INFORMATION /BACKGROUND public officials, law enforcement, and employment practices) through Illinois Union Insurance Company (Chubb). This policy was secured effective December 31, 2015 through the marketing efforts of our sole broker of record, McGriff, Seibels, & Williams (McGriff), in accordance with Chapter 252.024 of the Texas Local Government Code. The City has a $750,000 per occurrence Self-Insured Retention (SIR) under this policy with insurance coverage up to $5,000,000 on all liability exposures. Although the City is self-funded for our liability exposures, and relies on the immunities and damage caps contained in the Texas Tort Claims Act (TTCA), there are several areas that do not fall under the TTCA, and therefore, the City has potentially unlimited liability: Law Enforcement Liability the City potentially has no limits for liability claims alleging violations of Civil Rights due to police activity. These claims could stem from charges of wrongful arrest/detention, unlawful search and seizure, deprivation of Civil Rights, and excessive force. Electric Utility Operations by definition, the operation of a public utility by a municipality, in this case the operations of Denton Municipal Electric (DME), are considered to be proprietary functions and are excluded from any immunities or damage caps provided under the TTCA. Any operation of DME that resulted in property damage, injury, or death could have the potential for a claim with unlimited liability. Employment Practices Liability in many cases these types of claims contain an allegation that the Civil Rights of an employee, or of a prospective employee, were violated, so no limit on liability applies. Examples of these types of claims could include discrimination, harassment, violations of the Americans with Disabilities Act (ADA), and/or the Family Medical Leave Act (FMLA). Although these claims are not commonplace, the City has settled employment related claim in the past. Because of these exposures, the City has purchased the excess policy to provide an added layer of protection to our self-funded program. We had been fortunate to maintain a reasonably low SIR of $500,000 per occurrence for many years. The excess insurance marketplace had gone through some major changes prior to the marketing effort in 2013, and the lowest SIR we could obtain was $750,000. Given the complexities of this insurance product solicitation as described in greater detail below, and given that Chapter 252.024 of the Texas Local Government Code provides that such products are exempt from the requirements of competitive bidding, the City utilized the services of our sole broker of record, McGriff, to assist us in procuring this coverage without going through the Request for Proposal (RFP) process. Over the past several months, McGriff has been actively engaged in the global excess market on behalf of annual premiums for this product had increased significantly, and many insurance carriers had left the market entirely. As a result, McGriff received responses from four (4) excess liability insurance companies. A comparison of the proposals is detailed below: Argo Group - $239,433 Gemini - $250,950 Illinois Union (Chubb) - $259,245 Safety National - $236,778 (please note that Safety National will only provide the excess liability insurance see File #7263). The detailed proposals from all four (4) companies can be found in Exhibits 2 through 5. Based on the evaluation of the proposals, both staff and our broker of record, McGriff, recommend the purchase of excess liability insurance from the Argo Group with the $500,000 SIR, for an annual premium of $239,433. While the quote from Safety National is $ staff does not feel they have the best proposal. 5080 Spectrum Drive, Suite 900E, Addison, TX 75001. Argo Group is headquartered in San Antonio, Texas. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) In December of 2015, the City Council awarded a contract for Excess Liability Insurance to McGriff, Seibels & Williams with coverage placed with Illinois Union Insurance Company. RECOMMENDATION Award a contract with Argo Group International Holdings Ltd., for the purchase of Excess Liability Insurance Coverage for the City of Denton, in a three (3) year not-to-exceed amount of $755,000. PRINCIPAL PLACE OF BUSINESS Argo Group International Holdings Ltd. San Antonio, TX ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION These services will be funded from Excess W/C Insurance account 860002.6719. The budgeted amount for this item is $755,000. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Argo Group Proposal for Excess Liability Exhibit 3: Gemini Proposal for Excess Liability Exhibit 4: Illinois Union (Chubb) Proposal for Excess Liability Exhibit 5: Safety National Proposal for Excess Liability Exhibit 6: Broker Recommendation Letter Exhibit 7: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Cassandra Ogden, 940-349-7195. Legal point of contact: Mack Reinwand at 940-349-8333. TRIDENT PUBLIC RISK SOLUTIONS Trident Public Risk Solutions (TPRS)is a specialized, underwriting unit within Trident that provides products and services to large individual governmental entities and self-insured governmentalpools.Usingbothtraditionalandcreativeapproaches,TPRSalignsinterestswith its clients by targeting sophisticated accounts who participate in the riskbearing. Trident Public Risk Solutions provides unbundled alternative risk structures supporting both carriers and program managers. TridentisawhollyownedsubsidiaryofArgoGroupInternationalHoldings,Ltd.,aninternational underwriterofspecialtyinsuranceandreinsuranceproductsinthepropertyandcasualtymarket withatotalcapitalizationof$2Billion.ArgoGroup'sinsurancesubsidiariesarerated'A'(Strong) byS&Pand'A'(Excellent)byAMBest. Argo Group (AM Best Rating of A, Financial Size XIV) GENERAL CONDITIONS •This quotation represents the Company'sproposed terms and conditions, which may not include all of the requested terms and conditions. No warranty is made or implied with respect to the total compliance to bid specificationsor applications. •Flat Annual Premium -non-auditable •Notice of cancellation -90 days; 10 days for non-payment; in compliance with statelaw. •Forliability,ifmorethanonecoveragepartappliestothesameoccurrenceorclaim,the highest applicable limit and lowest retained limitapply. •SeparateLimitsapplytoAutoLiability,GeneralLiability,LawEnforcementLiability,Public Officials Liability, and Employment PracticesLiability. •TERRORISM-ThisquoteincludescoverageforTRA(TerrorismReformAct)legislation. The insured has the option to reject this terrorism coverage. If the insured rejects the coverage, a terrorism exclusion form must be completed and signed by the insured in ordertodoso.Iftheformisnotreturnedtousuponthebindingofcoverage,theterrorism premium will be automaticallyincluded. STANDARDPOLICYEXCLUSIONS: Specifically excluded exposures include, but are not limited to the following: Asbestos, Lead, Silica or Silica-Related Dust, Nuclear Energy Liability, Bacteria, Electromagnetic Radiation, Contamination and Pollution, Fungi/ Disease, War and Military Action, Nuclear Hazard, Pathogenic or Poisonous GENERAL: Biological or Chemical Materials, Access or Disclosure of Confidential or Personal Information and Cyber Injury Exclusions as stated on the Auto coverage form including racing, AUTO LIABILITY: Uninsured Motorist, Underinsured Motorist, and Personal Injury Protection AllexclusionsasstatedontheGLcoverageformandendorsementsincluding but not limited to: Aircraft, Electronic Data and Vandalism, Eminent GL: Domain/Inverse Condemnation, Underground Storage Tanks, Employer's Liability, Land Subsidence PD, UnmannedAircraft Exclusions as stated on the Law Enforcement Coverage Form including Care, Custody,and Control (not applicable to property on persons at time of arrest) , LEL: Injury to Auxiliary or Volunteer Officers , and Prior or Pending Legal Action or Litigation, Unmanned Aircraft All exclusions as stated on the Public Officials Liability Coverage Form and endorsements including but not limited to: Contractual Liability, Distribution of Information, Electronic Data and Vandalism, Eminent Domain/Inverse POL: Condemnation, Employment Practices, Fiduciary,Labor Disputes, Law Enforcement,Non-Monetary,DerivativeInvestment,FinancialLoss,Insurance Practices, Securities, Bonds,Debentures AllexclusionsasstatedontheEmploymentPracticesLiabilityCoverageForm EPL: and endorsements including but not limited to: Failure to Maintain Insurance, Violation of Laws, Non-Monetary (exception fordefense) Specific specimen exclusionary language will be provided upon request. LIMITS AND RETENTIONS FOR BUSINESS COVERED BUSINESS SPECIFIC AGGREGATE UNDERLYING COVERAGE RETRO RETENTION COVEREDLIMITLIMITTRIGGERDATE N/AN/A AUTOMOBILE $5,000,000$ 500,000 SIRPer Accident LIABILITY •Pollution CleanUpandRemovalasprovidedontheCoverageForm •Covered Autos includes owned,leased,rented,non-owned and borrowed autos and autos commandeered in emergencysituations •Waiver of Subrogation as provided under the CoverageForm GENERAL $5,000,000$5,000,000$500,000 SIRPer N/A LIABILITYOccurrence •Personal and Advertising Injury:$5,000,000 Occurrence Limit (Subject to GL AggregateLimit) •Products/Completed Operations: $5,000,000 Occurrence Limit /$5,000,000 AggregateLimit •Sexual Abus eor Molestation Occurrence Liability Sub-Limited Coverage (GLRLE 010(07-13)): $1,000,000 Occurrence /$1,000,000 Aggregate •Exclusion -Failure To Supply:$1,000,000 Limit -RLE100-0415 •Blanket Additional Insured included inpolicy •Insured Contracts are covered asdefined •Limited Liquor Liability as provided in coverageform •Health Care Services are covered for your licensed nurse,psychologist,physical therapist, hearing,language or speech therapist,EMT,paramedic,or athletictrainer •Broadcasting,Publishing,TelecastingoffensesascoveredunderPersonalInjury •Watercraftlessthan51feet inlengthand100horsepowerorless •PollutionExceptionsfor:HostileFire,EmergencyOperations,Heating/AirConditioning,Mobile Equipment, Road Treatment Chemicals,Pesticides/Herbicides,Water Treatment,Above Ground Tanks, Water/SewageOperations •Water Plus 360 endorsement to be added: AG-GL-RL WP-02(08/11) •Exclusion -Subsidence (GLSUB05-17) •Exclusion -Unmanned Aircraft(CG2109CW-0417) •Scheduled Employer's Liability Coverage(GLRL100-0415) Confirm EL Carrier is A.M. Best "A VII"rated or equivalent financial strength with minimum underlying limits of $1,000,000/$1,000,000/$1,000,000 EMPLOYEE Included in Included in $SIRPer N/A BENEFITS GLOccurrence GL LIABILITY $5,000,000$5,000,000$500,000 SIRPer N/A LAW ENFORCEMENT Occurrence LIABILITY Care,Custody,Control covered for property onpersons at time of arrest • Liability assumed in a Mutual AidAgreement • Pollution coverage exception for Law EnforcementActivities • Animal Mortality up to $10,000 per occurrenceannually • Exclusion-Unmanned Aircraft (CG2109CWLEL-0417} • Per N/A PUBLIC $5,000,000$5,000,000$500,000 SIR Occurrence OFFICIALS LIABILITY Coverage Extensions (not subject to Retained Limit): Identity Theft Expense -$5,000 • Key Individual Replacement -$25,000 • Emergency Travel Reimbursement -$5,000 • AG-PO RL WP 03(06/11) Water Plus 360 endorsement to be added: • EMPLOYMENT $5,000,000$5,000,000$500,000 SIRPer N/A PRACTICES Occurrence LIABILITY PROPOSAL FEATURES MAJOR POLICY FORMS: Argonaut Insurance Company -Admitted Paper TREATMENT OF ALAE: UNDERLYING RETENTION : Inside INSURER'SSPECIFICLIMIT:Outside PREMIUM:$237,583 excludingTerrorism $240,165 including Terrorism FEES&SURCHARGES:$1,850 (TX vehicle surcharge included inpremium) CLAIMSADMINISTRATION:TheTPAmustbeapprovedbyOurClaimsDepartment (Anychanges to the claims administration process must be approved byTrident Claims) SPECIFIC ADDITIONAL CONDITIONS RISK CONTROL SERVICES Risk Management Consultation Send us a risk management question through our Ask-the-Risk Manager portalon our website or emailing us directly at askt heriskmanager@tridentpublicrisk.com .Our 24-Hour pledge to you is to provide you help within one businessday. Risk Control e-Newsletters and Special Bulletins Trident Risk Control produces monthly newsletters with topics of interest andtimely special bulletins for the many diverse departments at your organization. Subscribe and pass on to others, or supply us with a list of employee emails for distribution. Model Law Enforcement and Detention Center Policies and Procedures Tridentpartnerswithworld-classlawenforcementconsultant OSSLawEnforcementAdvisors toprovide free model policies for use by law enforcement and detention centerrepresentatives. Online Training Trident Risk Control Services has over 200 training coursesavailable online to help you meet that need. Our partner, LocalGovU, has worked with us to develop topics specifically for governmental entit ies. Trident Risk Control Website Trident Risk Control offers an easy-to-navigat e,fully searchable website with an array of resources. Visit the Trident Risk Control website: https://www.argolimited.com/pages/argo-group-home/our-brands/trident/risk-control REQUESTTO BIND INSURANCE COVERAGE In accordance with the insurance proposal, City of Denton, TX has accepted coverage with Argonaut Insurance Company Policy Effective: December 31, 2019 to December 31,2020 COVERAGE GENERAL LIABILITY (INCLUDES EMPLOYEE BENEFITS LIABILITY) PUBLIC OFFICIALS LIABILTY EMPLOYMENT PRACTICES LIABILITY AUTOMOBILE LIABILITY LAW ENFORCEMENT LIABILITY TERRORISM(optional)YesNo Please check 'Yes' or 'No' for the terrorism coverage option and complete the "Acceptance or Rejection of Terrorism. Agent'sSignatureDate Client'sSignatureDate POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM -INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act,as amended,that you have a right to purchase insurance coverage for losses resulting from acts of terrorism ,as defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury-in concurrence with the Secretary of State ,and the Attorney General of the United States-to beanact of terrorism;to be a violent act or an act that is dangerous to human life,property,orinfrastructure;to have resultedindamagewithintheUnitedStates,oroutsidetheUnitedStatesinthecaseofcertainaircarriers or vessels or the premises of a United States mission;and to have been committed by an individualor individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government bycoercion. NOTE: YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER,YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECTYOURCOVERAGE,SUCHASEXCLUSIONfornuclearevents.UNDERTHEFORMULA,THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85%OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDEDBELOWANDDOESNOTINCLUDEANYCHARGES FORTHEPORTIONOFLOSSTHAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THEACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT,ASAMENDED, CONTAINSA$100BILLIONCAPTHATLIMITSU.S.GOVERNMENTREIMBURSEMENTASWELLAS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION,YOUR COVERAGE MAY BEREDUCED. ACCEPTANCE ORREJECTION OF TERRORISM -CHECK ONE I hereby elect to purchase terrorism coverage for a prospective premium of$2,582. I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understandthatIwillhavenocoverageforlossesresultingfromcertified actsof terrorism. Policyholder/ApplicantSignatureDate PrintNameDate Company: Gemini Insurance Company (a non-admitted company) Retained Limits Policy Coverage Form: Policy Period: 12/31/2019to 12/31/2020 Policy Number:TBD Retained Limit CoverageRetention Coverage Part $500,000 A General Liability, Law Enforcement LiabilityEach Occurrence $500,000 B AutomobileLiabilityEach Accident Public Official, Employment Practices and Employee $500,000 CEach Claim Benefits Liability Limits of Liability Coverage Coverage Part Each Occurrence$5,000,000 General Liability A Aggregate$5,000,000 BAutomobile LiabilityEach Accident$5,000,000 C Public Officials, Employment Practices and Each Claim $5,000,000 Employee Benefits Liability Aggregate$5,000,000 Treatment of Claims Expense Coverage CoverageRetained LimitLimits of Insurance Part Inside limitOutside Limit A General Liability B Automobile LiabilityInside LimitOutside Limit Public Official,Employment Practices and C Inside LimitOutside Limit Employee Benefits Liability PolicyPremium:$239,000-ExcludingTRIA(TR/AcanbepurchasedforanAPof$2,460) +$11,950–Surplus Lines Tax $250,950 Total Annual Premium Excluding TRIA Payment Plan: Annual Claims Administration: Self-Administered Schedule of Forms and Endorsements Form NumberDescriptionNotes CCP101105/12Declarations CCP100109/17Common Conditions,Definitions &Exclusions CCP1002 01/13GeneralLiability Coverage Part CCP1003 05/12Automobile Liability Coveraqe Part MAN1000PublicOfficial&EmploymentPractices&EmployeeBenefitsLiabilityPO & EPL-OCC CoveraqePartEBL -CM MAN1000Limited Sexual Abuse Coverage Part Occurrence Form Limit: $1,000,000 Aggregate: $1,000,000 SIR: $500,000 Claims Expense:Inside SIR/Inside Limit Exclusion-Certified Acts of Terrorism CEN200101/15 CEN2002 01/15Cap on Losses-Certified Acts of Terrorism CEN2003 01/15Disclosure Pursuant to TerrorismRiskInsuranceAct CEN1000 05/12Siqnature CEN1005 07/18Service of Suit Trade or Economic Sanctions Endorsement CEN900105/12 IL P00101 04OFAC Policyholder Disclosure PEN1000 05/12Claims Expense in Addition to Limitsof Insurance PEN1007 05/12Premises -Additional Insured Where Reauired bv Contract MAN 1000 Exception to Failure to Supply Exclusion -Limited Coverage EachOccurrenceLimit:$1,000,000 AggregateLimit: $1,000,000 RetainedLimit:$500000 CEN1009 01/14Pesticide or Herbicide Pollutant Exception IL U 071 01/11Texas Personal Injury Protection Coveraqe Selection/Rejection CA U005 05/13Texas Uninsured/UnderinsuredProtection Coverage Selection/Rejection 07/18RRE Notice 08/19Loss Notice Texas -Complaint Notice RE: Terrorism Risk Insurance Program Reauthorization Act of 2015 (“TRIPRA 2015”) Dear Policyholder: Congress passed TRIPRA 2015 on January 8, 2015 and the President signed it into law on January 12, 2015. TRIPRA 2015 extends the Terrorism Risk Insurance Reauthorization Act, as amended through December 31, 2020, and was effective as of January 1, 2015. Action Required: The federal government requires that we offer this coverage to you. As a result, we ask that you carefully review the enclosed Notice of Disclosure. On the Disclosure attached, you must: Complete the lower portion of the Disclosure and return the completed form to your insurance representative. If you selectterrorism coverage for certified losses, remit the additional premium and return this Disclosure to your insurance representative. Upon receipt, a coverage endorsement will be issuedfor yourpolicy. If you rejectcoverage, return this Disclosure to your insurance representative acknowledging your rejection of coverage. An exclusion endorsement will be included with your policy. An additional endorsementwillbeaddedandissuedforyourpolicythatcapslossesaspermittedbytheAct. Should you have any questions, please feel free to contact your insurance representative. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, (the “Act”), you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term “act of terrorism”means any act that is certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vesselsor the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage under your policy may be affected as follows: YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANAUARY 1, 2017; 82% BEGINNING ONJANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON JANUARY 1, 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THEACT. YOU SHOULD ALSO KNOW THAT THE ACT, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL ASINSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage I hereby elect to purchase terrorism coverage, subject to the limitations of the Act, for acts of terrorism as definedintheAct,,A.through12/31/20forapremiumof$2,340and B. estimated premium for the period beyond 12/31/20is$. I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. Possibility Of Additional Or Return Premium. The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Act. The federal program established by the Act is scheduled to terminate at the end of 12/31/20 unless extended by the federal government. If the federal program terminates or if the level or terms of federal participation change, the estimated premium shown in (B) of abovemaynot be appropriate. If the policy contains a Conditional Exclusion, continuation of the coverage for certified acts of terrorism, or termination of such coverage, will be determined upon disposition of the federal program, subject to the terms and conditions of the Conditional Exclusion. If the policy does not contain a Conditional Exclusion, coverage for certified acts of terrorism will continue. Ineither case, when disposition of the federal program is determined, we will recalculate the premium shown in (B) above and will charge additional premium or refund excess premium, if indicated. If we notify you of an additional premium charge, the additional premium will be due as specified in such notice. © 2007 National Association of Insurance Commissioners Attachment One A 2 Property and Casualty Insurance (C) Committee 9/10/02 Policyholder/Applicant’sSignatureInsuranceCompany PrintNamePolicyNumber Date NamedInsured:City of Denton,TX We are pleased to present the following proposal for your consideration and review. This proposal is valid until the effective date indicated in this proposal. Line of CoveragePremium and Surcharges General Liability Coverage$43,996 Commercial Automobile Liability Coverage$63,359 **Public Officials Liability Coverage$41,651 **Law Enforcement Liability Coverage$38,148 Excess Liability$38,349 Total$225,503 Surplus Lines Tax$11,275.15 Total Taxes & Fees$236,778.15 Optional TRIA Coverage: (excluded in pricing above) Line of CoveragePremium and Surcharges GL TRIA$1,848 Excess TRIA$1,207.50 Indicated premiums are based on all quoted lines of coverage being bound, according to the terms and conditions included within this proposal. With the exception of Surplus Lines, the taxes, surcharges, assessments and other program costs are included within the premium for each line of coverage offered by Safety National Insurance Corporation. Premiums are fully earned when bound. ** These coverages are offered by Safety Specialty Insurance Company, a Surplus Lines Carrier. Premium does not include any surplus lines taxes and fees. Filing, collection and remittance of all Surplus Lines taxes and fees will be your responsibility. Safety National may consider providing revised or additional quote options for individual lines of coverage subject to further underwriting review and approval. Unless otherwise noted, all references in this proposal to policy coverage parts and forms, depicts the product offering of Safety National. These may deviate from the coverage requests or wording contained within the Producer Specifications or other portions of the account submission. Any deviations from this proposal must be approved and authorized by Safety National, in writing. For additional information on the products and services proudly provided by Safety National, please visit our website: www.safetynational.com 2 General Contingencies and Comments All Safety National Clients have access to MAP, our Risk Control Services online Safety and Risk Control resource. This casualty proposal is contingent upon binding the Coverage Contingencies Excess Workers’ Compensation coverage with Safety National. Premiums quoted are based on all coverages offered within this proposal and must be written by Safety National Casualty Corporation or SafetySpecialty Insurance Company. All lines are on an Annual Pay Plan. Premiums due Installments/Payment Schedule within 30 days of binding. Claims must be handled either by a licensed TPA or Self- Claims Administration Administered by experienced claim handlers. Safety National must approve the Claims Administration for each line of business prior to binding. TPA fees are NOT included within the premium or costs TPA Fees of the quoted Safety National program, unless otherwise noted herein. General Liability, Auto Liability, and Specialty Lines are Annual Audits not auditable. The broker is responsible for the filing, collection, and Surplus Lines Taxes and Fees remittance of all applicable surplus lines taxes and fees. 3 Management: Several resources that offer a wealth of information and assistance to helpyour organization develop and maintain a successful safety and claim cost managementprogram. Analysis:A variety of tools that provide the ability to measure, benchmark, and analyze different aspects of your programs to clearly identify opportunities forimprovement. Prevention:A selection of assets to help improve your loss prevention and mitigation efforts –from educating employees about potential injury exposures, to helping build proficient post-injuryprotocol. Resources include: Safety Essentials Online: This online resource library provides customizable and downloadable training tools to help improve safety and health compliance, best practices, policies, and written programs. S:ERVE: Safety Emergency Responder Vehicle Education (S:ERVE) is an online driver simulation and curriculum created to educate first responders to drive at their safest during intersection negotiation scenarios. Distracted Driving Course: A course designed to train all employees that drive on the job. Through online simulation, employees will learn how to eliminate controllable distractions and how to make necessary adjustments for uncontrollable distractions. Ask Best Doctors: A Best Doctors specialist will perform three phases of this program for injured workers at high risk for adverse developments in their medical condition. Available exclusively to our workers’ compensation policyholders. Crisis Protection: A benefit in place if your entity undergoes a qualifying “Domestic Crisis Event” which aids in crisis management, public relations, or emergency psychological treatment. Available exclusively to our workers’ compensation policyholders. HR Essentials Online: A Human Resource management and compliance resource library. From hiring practices and writing job descriptions, to training managers and understanding the ever-complicated leave laws, this tool delivers the HR resources that every organization needs to succeed. Available exclusively to our employment practices liability policyholders. Law EnforcementLiability Resources: A best practices resource program to help address your current program’s capabilities and develop formal policies and procedures to address areas that are particularly vulnerable to lawsuits, including jail and detention operations, use of force, and arrest procedures. Available exclusively to our law enforcement liability policyholders. For more information, please contact MAP Client Services at map@safetynational.com or 888-995-5300. 4 Commercial General Liability Proposal Safety National Casualty Corporation A.M. Best Rating A+ XV Self-Insured Retention Program NamedInsuredCity ofDenton EffectiveDate12/31/2019 ExpirationDate12/31/2020 CGL Coverage Form (CG0001)Limits ofLiability General Aggregate Limit$4,000,000 Other than Prod/Comp Ops Products/Completed Operations Aggregate Limit$4,000,000 Each Occurrence Limit$2,000,000 Combined BI & PD Personal and Advertising Injury Limit$2,000,000 Any One Person or Org Damages to Premises Rented to You Limit$500,000 including Fire Damage Legal Employee BenefitsLiabilityCoverageLimits ofLiability Claims Made Form (SNGL 054) Aggregate Limit$4,000,000 Each Employee Limit$2,000,000 Retroactive DatePer Expiring Coverage Retention Form(SNGL024)AmountALAE Treatment CGL -Each Occurrence$500,000 Personal and Advertising Injury$500,000 ALAE Within Retention Paid By Damages to Premises Rented to You$500,000Insured Employee Benefits Liability$500,000 Subjectivity: 1.Provide the retro active date for EBLcoverage. 2.Claims must be adjusted with proper reserving practices and reported to us in an acceptable format. 3.Self-Administration / TPA application must be completed and approved by Safety National prior to binding coverage for all coveragelines. 4.Provide a copy of policies and procedures for daycare exposure within 30 days ofbinding. 5 General Liability Coverages / Endorsements Mandatory State EndorsementsAs required by covered states Total Pollution Exclusion W/ Hostile Fire ExceptionCG 21 55 Nuclear Energy Liability ExclusionIL 00 21 Fungi or Bacteria ExclusionCG 21 67 Silica ExclusionCG 21 96 Asbestos ExclusionSNGL 044 Lead ExclusionSNGL 043 Employment Related Practices ExclusionCG 26 39 Law Enforcement ExclusionCG 22 51 ERISA ExclusionSNGL 002 Amended Definition of Bodily InjurySNGL 004 Unintentional Failure to Disclose Hazards or SNGL 021 Occurrences Co-Employee Exclusion DeletedSNGL 012 Failure to Supply ExclusionCG 22 50 Injury to Volunteer Firefighters ExclusionCG 22 56 Deletion of Premium Audit ConditionSNGL 053 Designated Additional Insured (Broad Form)SNGL 022 Governmental Subdivisions EndorsementCG 24 09 Access or Disclosure of Confidential or Personal CG 21 07 Information And Data-Related Liability Exclusion Employee Benefits Liability Coverage with Self-SNGL 054 Insured Retention Coverage C-Medical Payments ExclusionCG 21 35 Self-Insured Retention EndorsementSNGL 024 Sexual Abuse or Molestation CoverageManuscript TRIA Policyholder Disclosure NoticePer attached disclosure-Signed copy must be received prior to binding of coverage 6 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE (General Liability) You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended, extended, and/or re-authorized, you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term “act of terrorism” means any act that is certified by the Secretary of the Treasury –in concurrence with the Secretary of State and the Attorney General of the United States –to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damagewithin the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government bycoercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES A SET PECENTAGE OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. EFFECTIVE 1/1/2015, THAT PERCENTAGE IS 85% WHICH PERCENTAGE DECREASES EVERY YEAR BY 1% UNTIL 80% IS REACHED. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION FOR LOSSES OCCURING IN CALENDAR YEAR 2015 (which amount is increased by $20 billion each year through 2020), YOUR COVERAGE MAY BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage with regard to General Liability I hereby elect to purchase terrorism coverage for a prospective premium of 1,760. I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. Safety National Casualty Corporation Applicant’sSignatureInsuranceCompany Insured Name Date Signed 7 Commercial Auto Liability Proposal Safety National Casualty Corporation A.M. Best Rating A+ XV Self-Insured Retention Program NamedInsuredCity ofDenton EffectiveDate12/31/2019 ExpirationDate12/31/2020 CA Coverage Form (CA0001)SymbolLimits ofLiability Auto Liability –Any One Accident$2,000,000 Combined Single Limit – 1 Bodily Injury & Property Damage Personal Injury Protection (PIP)5Rejected Auto Medical Payments2Rejected Uninsured/Underinsured Motorist (UM/UIM)6Rejected Coverage Retention Form(SNCA022)Amount Auto Liability –Any One Accident$500,000 Subjctivity: 1.Claims must adjusted with proper reserving practices and reported to us in an acceptable format. 2.Self-Administration / TPA application must be completed and approved by Safety National prior to binding coverage for all coveragelines. 8 Automobile Liability Coverages / Endorsements Mandatory State EndorsementsAs required by covered states Self-Insured Retention EndorsementSNCA 022 Public Entity EndorsementSNCA 029 Broad Form Named InsuredSNCA 038 Unintentional Failure to Disclose Material FactsSNCA 028 Unintentional Failure to Provide Notice of SNCA 030 Accident or Loss Exclusion of Federal Employees Using Autos in CA 04 42 Government Business Audio, Visual, & Data Electronic EquipmentCA 20 02 Coverage-Fire, Police, & Emergency Vehicles CA 20 30 Emergency Services -Volunteer Firefighters’ and Workers’ Injuries Excluded Silica ExclusionCA 23 94 Amphibious VehiclesCA 23 97 Public Transportation AutosCA 24 02 Hired Autos Specified as Covered Autos you OwnCA 99 16 Waiver of Premium Audit ConditionManuscript Nuclear Energy Liability ExclusionIL 00 21 If the insured’s intent is to reject UM/UIM, UM/UIM, PIP, and/or Med Pay coverage PIP, and/or Med Pay coverage in states that allow total rejection and the state mandatory forms are not signed, dated and returned prior to a loss, the insured’s SIR will apply to the claim, if payments are made. 9 Public Officials & Employment Practices Liability Proposal Safety Specialty Insurance Company A.M.Best Rating A+XV Self-Insured Retention Program NamedInsuredCity ofDenton EffectiveDate12/31/2019 ExpirationDate12/31/2020 POL/EPL Coverage Form(POEPOF0416)Limits ofLiability Occurrence Form Annual Aggregate Limit$2,000,000 Each Wrongful Act$2,000,000 Coverage Retention Form(ILSIR0716)Amount Each Wrongful Act (including LAE)$500,000 Forms: •Mandatory StateForms •Non-Stacking of Limits Endorsement –Form ILNONSTACK0416 Subjctivity: 1.Claims must adjusted with proper reserving practices and reported to us in an acceptable format. 2.Self-Administration / TPA application must be completed and approved by Safety National prior to binding coverage for all coveragelines. 10 Law Enforcement Liability Proposal Safety Specialty Insurance Company A.M.Best Rating A+XV Self-Insured Retention Program NamedInsuredCity ofDenton EffectiveDate12/31/2019 ExpirationDate12/31/2020 LEL Coverage Form(LELPOF0416)Limits ofLiability Occurrence Form Annual Aggregate Limit$2,000,000 Each Occurrence Limit$2,000,000 Coverage Retention Form(ILSIR0716)Amount Each Occurrence (including LAE)$500,000 Forms: •Mandatory StateForms •Non-Stacking of Limits Endorsement –Form ILNONSTACK0416 Subjctivity: 1.Claims must adjusted with proper reserving practices and reported to us in an acceptable format. 2.Self-Administration / TPA application must be completed and approved by Safety National prior to binding coverage for all coveragelines. 11 Commercial Excess Liability Proposal Safety National Casualty Corporation A.M. Best Rating A+ XV Self-Insured Retention Program NamedInsuredCity ofDenton EffectiveDate12/31/2019 ExpirationDate12/31/2020 Commercial Excess Coverage Form (CX0001)Limits ofLiability General Aggregate Limit$3,000,000 Each Occurrence Limit$3,000,000 UnderlyingInsuranceLimits ofLiability General Liability Coverage$2,000,000/$4,000,000 Commercial Automobile Liability Coverage$2,000,000 CSL Public Officials Liability Coverage$2,000,000/$2,000,000 Law Enforcement Liability Coverage$2,000,000/$2,000,000 Employers Liability$2,000,000/$2,000,000/$2,000,000 All underlying coverages must be bound through Safety National Casualty Corporation or Safety Specialty Insurance Company. Exclusions: In addition to all exclusions in the underlying Insurance, the following will also be excluded: 1.)TerrorismCX 2133 2.) FailuretoSupplyManuscript 12 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE (Excess Liability) You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended, extended, and/or re-authorized, you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term “act of terrorism” means any act that is certified by the Secretary of the Treasury –in concurrence with the Secretary of State and the Attorney General of the United States –to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government bycoercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICYFOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES A SET PECENTAGE OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE.EFFECTIVE 1/1/2015, THAT PERCENTAGE IS 85% WHICH PERCENTAGE DECREASES EVERY YEAR BY 1% UNTIL 80% IS REACHED. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION FOR LOSSES OCCURING IN CALENDAR YEAR 2015 (which amount is increased by $20 billion each year through 2020), YOUR COVERAGE MAY BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage with regard to Excess Liability I hereby elect to purchase terrorism coverage for a prospective premium of $1,150. I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. Safety National Casualty Corporation Applicant’sSignatureInsuranceCompany Insured Name Date Signed 13 MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 5080 Spectrum Drive, Suite 900E, Addison, TX 75001 Tel (469) 232-2100 Fax (469) 232-2101 December 6, 2019 Mr. Scott Payne Risk Management Department City of Denton 601 E. Hickory Denton, TX 76205 Re:2019-20Excess Casualty and Excess Worker’s Compensation Renewal Scott, Thank you for the opportunity to assist theCity of Denton with the 2019-2020Excess Casualty and Excess Workers’Compensation insurance policy renewal. Excess Casualty Although the Casualty marketplace has seen flat rates for most of the year, there has been some tightening in this area with a reduction in capacity. Fourth quarter forecasts were predicting 5-10% rate increases. The incumbent carrier, Chubb offered a renewal quote for the excess casualty with a slight rate increase in combination with the City’s exposure increase. McGriff took the coverage to market and receivedfour quotes including the incumbent. All of the terms and conditions are comparableand the self-insured retention of $500,000 is as per the expiring terms. Argonaut Insurance Company has submitted the most competitive quote of $239,433. This is 5.85% lower than the expiring program. McGriffrecommendsthe City renew its Excess Casualty Insurancewith Argonaut Insurance Company, ExcludingTerrorism Coverage,for a total annual premium of $239,433. Excess Workers’Compensation Although the Excess Workers’Compensation market has remained relatively flat for the last two years, Police and Fire employees are still a large concern in the Worker’s Compensation marketplace. Carriers are consistently looking for higher retentions for this class of employees. The City of Denton has suffered several large workers’compensation claims over the last few years with the last one being the unfortunate shooting of one of your police officers. This activity is being reflected in the quotes provided at renewal for the City’s Excess Workers’Compensation. We received from two separatecarriers with the incumbent providing three(3) retention options. Due to recent claims, the carriers are no longer offering the City’s current retention of $500,000. The incumbent carrier has increased the retention to $600,000 and offered additional retention levels of $750,000 and $1,000,000. Although the additional retention levels provide some premium relief, it is our opinion that the $12,583 difference in premium is not a good exchange of dollars to take on an additional $150,000 in retention. McGriffrecommendsthe City renew its Excess Workers’CompensationInsurancewith Midwest Casualty Company for a total annual deposit premium of $203,492. Thank you for the opportunity to work with the City of Denton. Please let us know if you have any questions regarding this renewal. Sincerely, Robert Waggoner, ARM SeniorVice President, Public Entity McGriff, Seibels & Williams, Inc. RW/tkh City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton approving a second amendment to an economic ), dated August 16, 2011, authorizing the assignment of the agreement to GTM Denton, Ltd.; and providing an effective date. BACKGROUND The City of Denton received notification on Dec. 5, 2019, from the Weitzman Management Corporation d.b.a. Weitzman, the managing agent for Golden Triangle Mall , that the ownership of the Mall would be conveyed from GTM Development, Ltd. to GTM Denton, Ltd. as part of an ownership transfer and financial restructuring deal. Weitzman will continue to serve as the managing agent for the Mall. The conveyance of ownership is expected to be completed on or before Dec. 31, 2019. The City has an existing economic development program agreement with GTM Development, Ltd. Per that agreement, the City can formally consent to the assignment and make the necessary amendments to the contract to accept the assignment the economic development program agreement to formalize the assignment of the agreement. This assignment and amendment do not change any of the incentive terms of the underlying economic development program grant agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was not reviewed by the Economic Development Partnership Board prior to City Council due to EXHIBITS 1. Agenda Information Sheet 2. Ordinance and Agreement Respectfully Submitted, Jessica Rogers Director of Economic Development City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 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 Walker Industrial, LLC, for the supply of two (2) 500 horsepower variable frequency drives at the Lake Ray Roberts Water Treatment Plant (LRRWTP); providing for the expenditure of funds therefor; and providing an effective date (IFB 7213 awarded to Walker Industrial, LLC, in the not-to-exceed amountof $275,035.61). IFB INFORMATION/BACKGROUND The LRRWTP was constructed in 2003 to increase the potable water supply for the City of Denton residents. The High Service Pump Station (HSPS) is the finalcomponent of the treatment plant, pumping 30%-50% erates with two identical pumps controlled by Variable Frequency Drives (VFD). These VFDs allow operators to control the flowrate of water to match the system demand. The mechanical components of the pumps are in good condition; however, the VFDs are reaching their end of life. These VFDs became obsolete in 2006 when the original manufacturer was acquired by Siemens. Replacement parts are now no longer available. Although the VFDs continue to operate, any unforeseen failure will result in lengthy downtime for the plant while new VFDs are manufactured. The only viable planned maintenance action is to fully replace prior to a failure. Replacement must be completed in the winter/low water demand months of November through May to allow the plant to shut down one pump at a time. The manufacture of the new VFD units is expected to take 12 weeks. Invitation for Bids was sent to 70 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. One (1) bid meeting specification was received by Walker Industrial, LLC. NIGP Code Used for Solicitation: 720 Pumping Equipment Notifications sent for Solicitation sent in IonWave: 70 Number of Suppliers that viewed Solicitation in IonWave: 9 HUB-Historically Underutilized Business Invitations sent out: 4 SBE-Small Business Enterprise Invitations sent out: 19 Responses from Solicitation: 1 RECOMMENDATION Award a contract with Walker Industrial, LLC, for the supply of two (2) 500 horsepower variable frequency drives at the LRRWTP, in a not-to-exceed amount of $275,035.61. PRINCIPAL PLACE OF BUSINESS Walker Industrial, LLC Irving, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion within 154 days. FISCAL INFORMATION These items will be funded from Water Production Department account 630438517.1360.40100. Requisition #144802 has been entered into the Purchasing software system in the amount of $275,035.61. The budgeted amount for this item is $275,035.61. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: LLC Members Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Hector Ortiz, 940-349-7526 Legal point of contact: Mack Reinwand at 940-349-8333. time is of the essence September 20, 2018 September 20, 2018 September 20, 2018 By signing this contract, Contractor certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. September 20, 2018 September 20, 2018 September 20, 2018 00 41 00 - 1 BID FORM Page 1 of 4 1 SECTION 00 41 00 2 BID FORM 3 TO: Jane Rogers 4 c/o: Purchasing Division 5 901-B Texas Street 6 Denton, Texas 76209 7 8 FOR:Lake Ray Roberts Water Treatment Plant High Service Pump Station VFD Replacement 9 10 1Enter Into Agreement 11 12 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement 13 with City in the form included in the Bidding Documents to perform and furnish all Work as 14 specified or indicated in the Contract Documents for the Bid Price and within the Contract Time 15 indicated in this Bid and in accordance with the other terms and conditions of the Contract 16 Documents. 17 18 2BIDDER Acknowledgements and Certification 19 20 2.1In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION 21 TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those 22 dealing with the disposition of Bid Bond. 23 2.2Bidder is aware of all costs to provide the required insurance, will do so pending contract 24 award, and will provide a valid insurance certificate meeting all requirements within 14 25 days of notification of award. 26 2.3Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any 27 undisclosed individual or entity and is not submitted in conformity with any collusive 28 agreement or rules of any group, association, organization, or corporation. 29 2.4Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false 30 or sham Bid. 31 2.5Bidder has not solicited or induced any individual or entity to refrain from bidding. 32 2.6Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing 33 for the Contract. For the purposes of this Paragraph: 34 a."corrupt practice" means the offering, giving, receiving, or soliciting of any thing 35 of value likely to influence the action of a public official in the bidding process. 36 37 b."fraudulent practice" means an intentional misrepresentation of facts made (a) to 38 influence the bidding process to the detriment of City (b) to establish Bid prices 39 at artificial non-competitive levels, or (c) to deprive City of the benefits of free 40 and open competition. 41 42 c."collusive practice" means a scheme or arrangement between two or more 43 Bidders, with or without the knowledge of City, a purpose of which is to 44 establish Bid prices at artificial, non-competitive levels. 45 46 d."coercive practice" means harming or threatening to harm, directly or indirectly, 47 persons or their property to influence their participation in the bidding process or 48 affect the execution of the Contract. CITY OF DENTONIFB 7213 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RevisedSeptember 20, 2018Lake Ray Roberts Water Treatment Plant High Service Pump Station VFD Replacement 00 41 00 - 2 BID FORM Page 2 of 4 1 2 2.7The Bidder acknowledges and agrees to comply with the requirements of City Ethics 3 Ordinance No. 18-757. 4 5 3Time of Completion 6 1 7 3.1The Work will be complete for Final Acceptance within 154days after the date when the 8 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 9 3.2Bidder accepts the provisions of the Agreement as to liquidated damages in the event of 10 failure to complete the Work {and/or achievement of Milestones} within the times 11 specified in the Agreement. 12 13 4Attached to this Bid 14 15 The following documents are attached to and made a part of this Bid: 16 a.This Bid Form 17 b.Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of 18 Paragraph 5.01 of the General Conditions. 19 c.Proposal Form Section 20 d.Vendor Compliance to State Law Non-Resident Bidder, Section 00 43 37 21 e.Conflict of Interest Affidavit, Section 00 35 13 22 f.Proposed Subcontractors Form, Section 00 43 36 23 g.Bidders Minimum Qualification Statement, Section 00 45 13 24 h.Corporate Resolution of Authorized Signatories, Section 00 45 43 25 i.Any additional documents that may be required by Section 12 of the Instructions to 26 Bidders 27 28 5Total Bid Amount 29 30 5.1Bidder will complete the Work in accordance with the Contract Documents for the 31 following bid amount. In the space provided below, please enter the total bid amount for 32 this project. Only this figure will be read publicly by the City at the bid opening. 33 5.2It is understood and agreed by the Bidder in signing this proposal that the total bid amount 34 entered below is subject to verification and/or modification by multiplying the unit bid 35 prices for each pay item by the respective estimated quantities shown in this proposal and 36 then totaling all of the extended amounts. 37 38 Bid Item No. 1: 39 Demolition of VFDs 3 and 4 at Lake Ray Roberts Water Treatment Plant as defined in the 2 40 Contract Documents, including all related HVAC ductwork, etc., for the unit price amount 41 42 of ____________________________________________________each for a total amount of 43 44_______________________________________________________________________Dollars. 45 46 Total Line Item Bid Amount:$ 47 48 Bid Item No. 2: CITY OF DENTONIFB 7213 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RevisedSeptember 20, 2018Lake Ray Roberts Water Treatment Plant High Service Pump Station VFD Replacement 00 41 00 - 3 BID FORM Page 3 of 4 1 Supply of two new 18-pulse Variable Frequency Drive (VFD) units to replace VFDs 3 and 4 2 at Lake Ray Roberts Water Treatment Plant as defined in the Contract Documents, 3 including all shop drawing submittals, manufacturer’s on-site support, etc., for the unit 4 price amount of 5 6____________________________________________________each for a total amount of 7 8_______________________________________________________________________Dollars. 9 10 Total Line Item Bid Amount:$ 11 12 Bid Item No. 3: 13 Installation of two new Variable Frequency Drive (VFD) units to replace VFDs 3 and 4 at 14 Lake Ray Roberts Water Treatment Plant as defined in the Contract Documents to provide 15 a complete and fully operational system, not including the cost of the VFDs themselves or 16 the cost of the associated demolition of the existing VFD, for the unit price amount of 17 18 ____________________________________________________each for a total amount of 19 20_______________________________________________________________________Dollars. 21 22 Total Line Item Bid Amount:$ 23 24 Total Bid Amount:$ 25 26 27 28 Additive Alternate Bid Item No. A: 29 Witnessed factory testing of the two VFDs, including payment of travel and living expenses, 30 cost of factory testing, etc., as specified in section 26 29 23, for the lump sum amount of 31 32_______________________________________________________________________Dollars. 33 34 Total Additive Alternate Line Item Bid Amount:$ 35 36 NOTE: No additional time is allowed in the substantial completion schedule for including 37 the witnessed factory testing. CITY OF DENTONIFB 7213 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RevisedSeptember 20, 2018Lake Ray Roberts Water Treatment Plant High Service Pump Station VFD Replacement "General Decision Number: TX20190016 10/04/2019 Superseded General Decision Number: TX20180026 State: Texas Construction Type: Heavy County: Denton County in Texas. Heavy Construction, Including Treatment Plants (Does not include water/sewer lines) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 1 07/19/2019 2 10/04/2019 ASBE0021-003 06/01/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems)..............$ 24.32 7.52 ---------------------------------------------------------------- ELEC0020-004 06/01/2019 Rates Fringes Electricians: Cable Splicer...............$ 29.81 8.84 Electrician.................$ 30.15 9.59 ---------------------------------------------------------------- * ELEC0220-001 07/01/2019 Rates Fringes Line Construction: CABLE SPLICERS..............$ 17.12 14.5%+3.75 EQUIPMENT OPERATORS.........$ 26.61 4.5%+10.26 GROUNDMAN...................$ 16.63 4.5%+6.25 LINEMAN.....................$ 33.26 4.5%+11.32 TRUCK DRIVER................$ 19.96 4.5%+7.00 ---------------------------------------------------------------- ENGI0178-001 06/01/2009 Rates Fringes Cranes: Hydraulic Crane (35 ton & under)......................$ 23.70 9.35 Hydraulic over 35 tons,Derricks, Overhead Gentry,Stiffleg,Tower,etc., and Cranes with Piledriving or Caisson attachements................$ 24.70 9.35 ---------------------------------------------------------------- IRON0263-010 06/01/2017 Rates Fringes Ironworkers: Reinforcing & Structural....$ 23.25 7.32 ---------------------------------------------------------------- PLUM0100-002 11/01/2017 Rates Fringes Plumbers and Pipefitters.........$ 30.84 11.51 ---------------------------------------------------------------- SHEE0068-002 11/01/2012 Rates Fringes Sheet metal worker...............$ 27.64 8.84 ---------------------------------------------------------------- SUTX1990-039 08/01/1990 Rates Fringes CARPENTER........................$ 10.536 Concrete Finisher................$ 9.603 Form Builder.....................$ 8.036 Form Setter......................$ 9.578 Laborers: Common......................$ 7.25 Utility.....................$ 7.25 Pipelayer........................$ 7.961 Power equipment operators: Backhoe.....................$ 10.971 Bulldozer...................$ 9.942 Front end loader............$ 10.771 Mechanic....................$ 9.88 Motor Grader................$ 11.633 Oiler.......................$ 9.183 Scraper.....................$ 8.00 TRUCK DRIVER.....................$ 7.465 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION" September 20, 2018 September 20, 2018 September 20, 2018 September 20, 2018 September 20, 2018 Defined Terms Addenda— Agreement— Application for Payment— Asbestos— Award Bid— Bidder— Bidding Documents— Bidding Requirements— Business Day – Calendar Day September 20, 2018 Change Order— City— City Attorney City Council City Manager Contract Claim— Contract— Contract Documents— Contract Price— Contract Time— Contractor— Cost of the Work— September 20, 2018 Damage Claims – Day Drawings— Effective Date of the Agreement— Engineer— Extra Work – Field Order — Final Acceptance – Final Inspection – General Requirements— Hazardous Environmental Condition — Hazardous Waste— Incidental– September 20, 2018 Laws and Regulations— Liens— Major Item – Milestone— Notice of Award— Notice to Proceed— PCBs— Petroleum— Plans – Project Schedule— Project— Project Manager — Project Manual Public Meeting – September 20, 2018 Radioactive Material— Regular Working Hours – Samples— Schedule of Submittals— Schedule of Values— Site— Specifications— Subcontractor— Submittals— Subsidiary– Successful Bidder— Superintendent – September 20, 2018 Supplementary Conditions— Supplier— Underground Facilities— Unit Price Work— Weekend Working Hours – Work— Working Day Terminology Intent of Certain Terms or Adjectives: September 20, 2018 Defective: Furnish, Install, Perform, Provide: Copies of Documents Commencement of Contract Time; Notice to Proceed Starting the Work Before Starting Construction Baseline Schedules: September 20, 2018 Preconstruction Conference Public Meeting Initial Acceptance of Schedules Electronic Submittals Intent September 20, 2018 Reference Standards Reporting and Resolving Discrepancies Reporting Discrepancies: Contractor’s Review of Contract Documents Before Starting Work Contractor’s Review of Contract Documents During Performance of Work: September 20, 2018 Resolving Discrepancies: Amending and Supplementing Contract Documents Reuse of Documents September 20, 2018 Electronic Data Availability of Lands September 20, 2018 Subsurface and Physical Conditions Reports and Drawings: Limited Reliance by Contractor on Technical Data Authorized: Differing Subsurface or Physical Conditions Notice: September 20, 2018 Possible Price and Time Adjustments Underground Facilities Shown or Indicated: Not Shown or Indicated: September 20, 2018 Hazardous Environmental Condition at Site Reports and Drawings: Limited Reliance by Contractor on Technical Data Authorized: September 20, 2018 To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. Licensed Sureties and Insurers Performance, Payment, and Maintenance Bonds September 20, 2018 Certificates of Insurance September 20, 2018 September 20, 2018 Contractor’s Insurance Workers Compensation and Employers’ Liability. Commercial General Liability. Automobile Liability. September 20, 2018 Railroad Protective Liability. Notification of Policy Cancellation: Acceptance of Bonds and Insurance; Option to Replace Supervision and Superintendence Labor; Working Hours September 20, 2018 Services, Materials, and Equipment Project Schedule September 20, 2018 Substitutes and “Or-Equals” “Or-Equal” Items: Substitute Items: September 20, 2018 Substitute Construction Methods or Procedures: September 20, 2018 City’s Evaluation: Special Guarantee: Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. City’s Cost Reimbursement Contractor’s Expense City Substitute Reimbursement Time Extensions Concerning Subcontractors, Suppliers, and Others September 20, 2018 Wage Rates Duty to pay Prevailing Wage Rates. Penalty for Violation. Complaints of Violations and City Determination of Good Cause. September 20, 2018 Arbitration Required if Violation Not Resolved. Records to be Maintained. Progress Payments Posting of Wage Rates Subcontractor Compliance Patent Fees and Royalties September 20, 2018 To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. Permits and Utilities Contractor obtained permits and licenses. City obtained permits and licenses. Outstanding permits and licenses. Laws and Regulations September 20, 2018 Taxes Use of Site and Other Areas Limitation on Use of Site and Other Areas: September 20, 2018 Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. Removal of Debris During Performance of the Work: Site Maintenance Cleaning: Final Site Cleaning: Loading Structures: Record Documents September 20, 2018 Safety and Protection Safety Representative September 20, 2018 Hazard Communication Programs Emergencies and/or Rectification Submittals September 20, 2018 City’s Review: Continuing the Work September 20, 2018 Contractor’s General Warranty and Guarantee September 20, 2018 Delegation of Professional Design Services September 20, 2018 Right to Audit Nondiscrimination Title VI, Civil Rights Act of 1964 as amended: Related Work at Site September 20, 2018 Coordination Communications to Contractor Furnish Data Pay When Due September 20, 2018 Lands and Easements; Reports and Tests Change Orders Inspections, Tests, and Approvals Limitations on City’s Responsibilities Undisclosed Hazardous Environmental Condition Compliance with Safety Program City’s Project Manager or Duly Authorized Representative September 20, 2018 Visits to Site Authorized Variations in Work Rejecting Defective Work Determinations for Work Performed September 20, 2018 Decisions on Requirements of Contract Documents and Acceptability of Work Authorized Changes in the Work Unauthorized Changes in the Work Execution of Change Orders Dispute ofExtra Work September 20, 2018 Notification to Surety Contract Claims Process Notice: September 20, 2018 City’s Action Cost of the Work Costs Included: September 20, 2018 September 20, 2018 Costs Excluded: September 20, 2018 Contractor’s Fee: Documentation: Allowances Specified Allowance: Cash Allowances: Contingency Allowance: Unit Price Work September 20, 2018 Increased or Decreased Quantities: September 20, 2018 Plans Quantity Measurement for Unclassified Excavation or Embankment Change of Contract Price September 20, 2018 Contractor’s Fee: Change of Contract Time September 20, 2018 Delays Notice of Defects Access to Work Tests and Inspections September 20, 2018 September 20, 2018 Uncovering Work City May Stop the Work Correction or Removal of Defective Work September 20, 2018 Correction Period September 20, 2018 Acceptance of Defective Work City May Correct Defective Work Schedule of Values September 20, 2018 Progress Payments Applications for Payments: Review of Applications: September 20, 2018 Retainage: Liquidated Damages Payment: September 20, 2018 Reduction in Payment: September 20, 2018 Contractor’s Warranty of Title Partial Utilization Final Inspection Final Acceptance September 20, 2018 Final Payment Application for Payment: Final Completion Delayed and Partial Retainage Release September 20, 2018 Partial Retainage Release Waiver of Claims City May Suspend Work City May Terminate for Cause September 20, 2018 September 20, 2018 City May Terminate For Convenience September 20, 2018 September 20, 2018 Methods and Procedures September 20, 2018 Giving Notice Computation of Times Cumulative Remedies September 20, 2018 Survival of Obligations Headings September 20, 2018 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.02A., “Subsurface and Physical Conditions” The following are reports of explorations and tests of subsurface conditions at the site of the Work: A Geotechnical Report, dated March 15, 2019, prepared by ETTL Engineers and Consultants Inc., a sub consultant of Garver, a consultant of the City, providing additional information on subsurface conditions and structural foundation recommendations. 39 SC-4.06A., “Hazardous Environmental Conditions at Site” The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A., “Certificates of Insurance” The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: Gupta and Associates,Inc. IFB 72131 Section 00 73 00 Lake Ray Roberts WTP VFD ReplacementSupplementary Conditions (3) Other: None \[Obtain approval for the limits shown for SC 5.04A thru 5.04D. from City before finalizing Contract Documents\] SC-5.04A., “Contractor’s Insurance” The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000each accident/occurrence $100,000Disease - each employee $500,000Disease - policy limit SC-5.04B., “Contractor’s Insurance” 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., “Contractor’s Insurance” 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000Bodily Injury per person / $500,000Bodily Injury per accident / $100,000Property Damage SC-6.09., “Permits and Utilities” SC-6.09A., “Contractor obtained permits and licenses” The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: None. IFB 72132 Section 00 73 00 Lake Ray Roberts WTP VFD ReplacementSupplementary Conditions SC-6.09B.“City obtained permits and licenses” The following are known permits and/or licenses required by the Contract to be acquired by the City: “None”. SC-6.09C. “Outstanding permits and licenses” The following is a list of known outstanding permits and/or licenses to be acquired, if any as of \[Month Day, Year this document was prepared\]: Outstanding Permits and/or Licenses to Be Acquired OWNERPERMIT OR LICENSE AND LOCATIONTARGET DATE OF POSSESSION <If there is none then write “None”> <Insert the following if Federal assistance is provided for in this Contract> SC-6.24B., “Title VI, Civil Rights Act of 1964 as amended” During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1.Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2.Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3.Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4.Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: IFB 72133 Section 00 73 00 Lake Ray Roberts WTP VFD ReplacementSupplementary Conditions a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b.cancellation, termination or suspension of the Contract, in whole or in part. 6.Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., “Coordination” The individuals or entities listed below have contracts with the City for the performance of other work at the Site: VendorScope of WorkCoordination Authority No other projects SC-9.01., “City’s Project Manager” The City’s Project Manager for this Contract is Hector R. Ortiz/ Frank Pugsley, or his/her successor pursuant to written notification from the City Engineer. SC-13.03C., “Tests and Inspections” None SC-16.01C.1, “Methods and Procedures” None END OF SECTION IFB 72134 Section 00 73 00 Lake Ray Roberts WTP VFD ReplacementSupplementary Conditions SECTION 00 73 73 FORM 1295 - CERTIFICATE OF INTERESTED PARTIES \[Contractor: Replace this page with Form 1295 for this Contract, which can be obtained at www.ethics.state.tx.us\] END OF SECTION IFB 72131 Section 00 73 73 Lake Ray Roberts WTP VFD ReplacementForm 1295 – Certificate of Interested Parties SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.01SUMMARY A.Section includes description and requirements of: 1.Work covered by Contract Documents. 2.Activities of others within Project area. 3.Coordination of Work required by Contractor. 4.Provisions for future Work. B.Work covered by Contract Documents: The completed Work will provide Owner with various water treatment plant improvements. More specifically, the Project includes, but is not limited to, construction of the following: 1.Removal and Replacement of existing High Service Pump Station 480V Variable Frequency Drives. C.Except as Specifically Noted Otherwise, Provide and Pay For: 1.Insurance and bonds. 2.Labor, materials, and equipment. 3.Tools, equipment, and machinery required for construction. 4.Utilities required for construction. 5.Temporary facilities including sheeting and shoring. 6.Traffic control and dust control measures. 7.Other facilities and services necessary for proper execution and completion of the Work. D.Secure and pay for all permits including all City permits, OSHA excavation permits, Department of Transportation permits, Stormwater General Permit for Construction Activities from TCEQ, and any other government fees and licenses. 1.It is the Contractor’s responsibility to maintain the required controls and record keeping to comply with the SWPPP and associated stormwater permit. E.Comply with codes, ordinances, regulations, orders, and other legal requirements of public authorities having bearing on the performance of the Work. 1.02ACTIVITIES BY OTHERS A.OWNER, utilities, and others may perform activities within Project area while the Work is in progress. 1.Schedule the Work with OWNER, utilities, and others to minimize mutual interference. B.Cooperate with Others to Minimize Interference and Delays. 1.When cooperation fails, submit recommendations and perform Work in coordination with work of others as directed. C.Other ON-Going and Potential Projects that parallel the schedule of this project: 1.Administration building south of proposed dewatering building. 1.03COORDINATION OF WORK A.Maintain overall coordination of the Work. IFB 7213 1Section 01 11 00 Lake Ray Roberts WTP VFD Replacement Summary of Work B.Obtain construction schedules from each subcontractor, and require each subcontractor to maintain schedules and coordinate modifications. C.Alternates: Alternates, if included, are specified in detail in the Bid Form and only those alternates that were selected by the Owner, as evidenced in the Agreement, are made a part of this Contract. 1.04PROVISIONS FOR FUTURE WORK A.Provisions for future construction are as shown. 1.05LOCATION OF WORK A.The Project is located generally at the Lake Ray Roberts WTP and adjoining properties located at 16525 Lake Ray Roberts Dam Rd., Aubrey, TX 76227. 1.06OWNER FURNISHED EQUIPMENT A.For this project’s delivery, the Owner shall not be providing and/or delivering any associated equipment. 1.07EARLY OCCUANCY OF PORTIONS OF WORK A.Substantially Complete all portions of Work for OWNER’s occupancy including specified testing, training of OWNER’s personnel, and other preparations necessary for OWNER’s occupancy or use, by the number of calendar days specified for Substantial Completion herein and within the Agreement: B.Certificates of Substantial Completion will be executed for each designated portion of Work prior to OWNER occupancy. 1.Such certificate of Substantial Completion will describe the portion of the Work to be occupied by OWNER, items that may be incomplete or defective, date of occupancy by OWNER, and other information required by OWNER and CONTRACTOR. C.After OWNER occupancy, allow access for OWNER’s personnel, access for others authorized by OWNER, and OWNER operation of equipment and systems. D.Following Occupancy, OWNER will: 1.Provide power to operate equipment and systems. 2.Repair damage caused by OWNER’s occupancy. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION IFB 7213 2Section 01 11 00 Lake Ray Roberts WTP VFD Replacement Summary of Work SECTION 01 11 60 PROJECT MANUAL LANGUAGE PART 1 - GENERAL 1.01SUMMARY A.Section Includes description and requirements of: 1.Explanation of Project Manual arrangement. 2.Explanation of Project Manual language. 3.Reference standards. 4.Method of resolving conflicts of referenced standards between Contract Documents. B.Related Documents and Sections: 1.Section 00 72 00 – General Conditions. 2.Section 00 73 00 – Supplementary Conditions. 3.Section 01 60 00 – Product Requirements. 1.02REFERENCES A.Construction Specifications Institute (CSI): 1.Manual of Practice - MasterFormat™. 2.Manual of Practice - SectionFormat™. 3.Manual of Practice - PageFormat™. 1.03PROJECT MANUAL ARRANGEMENT A.Document and Section numbers used in Project Manual, and Project Manual arrangement are in accordance with CSI MasterFormat™, except where departures have been deemed necessary. B.Sections are written in accordance with CSI SectionFormat™, Three-Part Section Format, except where departures have been deemed necessary. C.Page format for Sections in the Project Manual is in accordance with CSI Page Format, except where departures have been deemed necessary. 1.04PROJECT MANUAL ARRANGEMENT A.Specification Section Paragraphs entitled "Section Includes" summarizes briefly what is generally included in the section. Requirements of Contract Documents are not limited by "Section Includes" paragraphs. Specifications have been partially streamlined by intentionally omitting words and phrases, such as "the CONTRACTOR shall," "in conformity therewith," "shall be" following "as indicated," "a," "an," "the" and "all". Assume missing portions by inference. B.Phrase "by ENGINEER" modifies words such as "accepted," "directed," "selected," "inspected," and "permitted," when they are unmodified. C.Phrase "to ENGINEER" modifies words such as "submit," "report," and "satisfactory," when they are unmodified. D.Colons (:) are used to introduce a list of particulars, an appositive, an amplification, or an illustrative quotation: 1.When used as an appositive after designation of product, colons are used in place of words "shall be." IFB 72131 Section 01 11 60 Lake Ray Roberts WTP VFD ReplacementPROJECT MANUAL LANGUAGE E.Word "provide" means to manufacture, fabricate, deliver, furnish, install, complete, assemble, erect in place, test, render ready for use or operation, including necessary related material, labor, appurtenances, services, and incidentals. F.Words "CONTRACTOR shall" are implied when direction is stated in imperative mood. G.Term "products" includes materials and equipment as specified in Section 01 60 00. 1.05REFERENCE STANDARDS A.Use edition or amendment of referenced standards in effect on date stipulated in Section 00 72 00. Use only applicable portions of referenced standards, ignoring payment stipulations and other provisions which change the duties of the ENGINEER or OWNER as described in Section 00 72 00. B.Equate terms relating to designer to "ENGINEER." C.Notify ENGINEER when referenced standard, code, or specification conflicts with Contract Documents. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION IFB 72132 Section 01 11 60 Lake Ray Roberts WTP VFD ReplacementPROJECT MANUAL LANGUAGE See City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider approval of a resolution of the City of Denton accepting the donation of public art from the Hudspeth family in the form of a mural painted on property located at 178 N. Bonnie Brae Street by artist Dan Black, and authorizing the City Manager to execute any and all documents necessary to formalize the acceptance of the donation; and providing an effective date. The Public Art Committee recommends approval (7-0). BACKGROUND City staff was contacted regarding the donation of the mural located along a fence at 178 N. Bonnie Brae Street. The mural, painted by Dan Black, includes five portraits of lifelong Denton residents who made a significant impact on the community. The portraits include: Dorothy Miller, Alma Clark, Alice Alexander, Ruby Cole, and Betty Kimble. The mural was featured in a 2019 Denton Record Chronicle article, available here: https://dentonrc.com/news/mural-demonstrates-communitymeaning-through-paint/article_3b9cff8e- a0d8-504a-a450-d5fb6a9eb78e.html. Staff have examined the murals and believe that it is possible for the murals to be removed and relocated, however, it may require some additional work and repair to ensure they are protected. If accepted, staff will discuss ownership transfer and removal options with the property owner and seek out ways to preserve the murals as much as possible. Additionally, staff have been in contact with the artist regarding any repairs that may be needed as a result of the removal. The Public Art Committee did not make a recommendation regarding placement of the donation, and currently, funding that may be needed to repair and site the donation has not been identified. Staff continues to work to develop a plan and identify funding that may be needed. FISCAL INFORMATION Staff received a quote from a qualified art relocation company to remove and preserve the mural. The estimated cost is approximately $4,600, which could be funded from the Public Art designated HOT funds. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Nov. 7, 2019 The Public Art Committee recommend acceptance of this donation (7-0). EXHIBITS 1. Agenda Information Sheet 2. Resolution 3. Photos of Mural Respectfully Submitted, Jessica Rogers Director of Economic Development City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ACM: Mario Canizares DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to convey an underground gas line easement to the University of North Texas containing approximately 900 square feet of land (0.021 acres) on a tract of land in the E. Puchalski Survey, Abstract No. 996, City and County of Denton, Texas, being a portion of West Mulberry Street, providing for severability and an effective date. BACKGROUND The City of Denton received a request from UNT for an easement to be used for the installation and extension of an underground gas line and appurtenances under a public street located at 1504 West Mulberry near Avenue B and C to provide gas services to the newly constructed UNT greenhouse laboratory facility. The desire to install the underground gas line prior to a potential consistent hard winter freeze is in the best interest of the project. UNT will obtain all applicable permits before disrupting traffic or conducting construction activities within the existing roadway. This ordinance authorizes the City Manager, or designee, to convey the easement interest and become effective immediately upon City Council approval. If a Council Member determines that he or she has a conflict of interest pursuant to the Ethics Ordinance, recuse themselves prior to the consideration of this agenda item. OPTIONS 1. Approve proposed ordinance 2. Decline to approve proposed ordinance RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review required. FISCAL INFORMATION This action has no impact on City funds. EXHIBITS 1 Agenda Information Sheet 2- Ordinance and UNT Signed Easement Document 3- Site map Prepared by: Laura B. Morales, Program Manager Capital Projects-Real Estate Respectfully submitted: Deanna Cody, Deputy Director Capital Projects-Real Estate City of Denton City Hall 215 E. McKinney Street Denton,Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Finance CFO: Antonio Puente, Jr. DATE: December 17, 2019 SUBJECT Consider approval of a resolution creating and appointing members to a special seven member Oversight Committee to monitor, evaluate and report on progress of the six year bond election capital improvement program, which was approved by the voters at the bond election on November 5, 2019 and all prior bond elections; dissolving prior bond oversight committees and repealing related creation resolutions; and provide for an effective date. BACKGROUND The voters approved Propositions A, $154,000,000 for Street Improvements, Proposition B, $61,900,000 forPublic Safety Facilities and Proposition C, $5,000,000 for acquisition of Land for Parks on November 5, 2019. For prior bond elections, the City Council has created citizen bond program oversight committees to provide guidance when potential changes or adjustments to the bond program projects occur. These committees were comprised of members from the original bond committee. Staff is recommending the creation of one bond oversight committee that will monitor, evaluate and report onthe progress of all active City bond election capital programs. Thus, dissolving the 2014 Bond Oversight Committee. Based on City Councils direction, the following are the recommended members of the new Bond Oversight Committee: Randy Robinson Tim Couch Brandon McCleskey Janet Shelton Patrick Smith Susan Parker Eric Pruett Creation of a new Oversight Committee will ensure continuation of oversight on the remaining capital projects from prior bond elections and will begin the oversight of the 2019 bond election projects. PRIOR ACTION/REVIEW (Council, Boards, Commission) Voters approved the $220.9 million Bond Program on November 5, 2019. Council Work Sessions on December 3, 2019 and December 10, 2019 discussed the creation of the oversight committee and discussed potential members to be appointed to the committee. This resolution reflects the direction received at the December 10, 2019 Work Session. RECOMMENDATION Staff recommends adoption of the resolution. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Respectfully submitted: David Gaines, 349-8260 Director of Finance Prepared by: Nancy Towle Treasury Manager City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ACM: Mario Canizares DATE: December 17, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Contract of Sale between the City of Denton, as buyer, and 612 E McKinney, LLC, as seller, for the purchase of a 1.22 acre tract of land, more or less, being situated in the Hiram Sisco Survey, Abstract No. 1184, located in the City of Denton, Denton County, Texas and known as 612 East McKinney Street, for the purchase price of One Million Seven Hundred Thousand Dollars and No/100 ($1,700,000.00); authorizing the expenditure of funds therefor; providing for a severability, and providing an effective date. BACKGROUND In response to findings from the recent architectural study focused on evaluating space needs for the Police Department and Public Safety Dispatch, in February, the City Council was presented with an architectural plan to renovate, secure, and expand the existing Police Department central operations facility located at 601 East Hickory Street. In preparation for the proposed operational improvements, staff was directed to pursue acquisition of the property at 612 East McKinney Street, immediately adjacent to the facility. Acquisition of the subject property will allow for increased security, vehicular circulation, improved access to the jail for visitors and prisoners, additional parking, and provide a staging area during construction. The appraised value resulting from a 2018 independent appraisal of the subject property was indicated to be $1,380,000.00sales price of $1,975,000.00. In accordance with direction received from the City Council in October, a settlement agreement has been reached for the purchase price of $1,700,000.00, said price to include relocation and OPTIONS 1. Approve proposed ordinance 2. Decline to approve proposed ordinance RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council (Closed Session: February 4, 2019 City Council (Closed Session: March 26, 2019) City Council (Closed Session: June 18, 2019) City Council (Closed Session: October 8, 2019) FISCAL INFORMATION The JD Edwards account number for the acquisition is 100264409.1365.30100 EXHIBITS 1 Agenda Information Sheet 2 Site map 3 LLC Information 4 Ordinance Respectfully submitted: Deanna Cody, Deputy Director Capital Projects-Real Estate City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: December 17, 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 Ameri-Mex Contractors Inc., for the reconstruction of 3 properties under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7142-2 awarded to Ameri-Mex Contractors Inc., in the not-to-exceed amount of $519,035). RFP INFORMATION /BACKGROUND Home Improvement Program (HIP) Every year, the Community Development Division brings the City of Denton Action Plan for Housing and Community Development of awarded CDBG and HOME funds (Action Plan). The Action Plan is approved by City Council annually and it approves Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) grant funds allocated to HIP that assist low- and moderate- income families maintain safe, stable affordable housing. Additional funding sources may include program income and owner-provided personal funds. HIP assists homeowners in need of major repairs through rehabilitation or reconstruction. Assistance is in the form of a payable/forgivable or forgivable loan from five to twenty years. The program helps homeowners afford substantial repairs that they could not otherwise afford without this program. RFP #7142-2-Home Improvements Construction for Multiple Properties. This bid was issued to include three separate housing reconstruction projects for homeowners who applied and qualified for the HIP program. Work specifications and pricing estimates were based on each project and household specifications. Two projects are approximately 1,200 square feet, 3br/2bath/Energy Star reconstructions. The third is approximately 1,300 square feet, 4br/2bath/Energy Star reconstruction. In this RFP, suppliers could bid on one or more of the projects. Requests for Proposals were sent to 427 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) proposals were received and evaluated based upon published criteria including Ameri-Mex Contractors Inc. was ranked the highest and determined to be the best value for homeowner under the City federally funded Home Improvement Program. NIGP Code Used for Solicitation: 909 (Service Only)-Building Construction Services, New Notifications sent for Solicitation sent in IonWave: 427 Number of Suppliers that viewed Solicitation in IonWave: 14 HUB-Historically Underutilized Business Invitations sent out: 30 SBE-Small Business Enterprise Invitations sent out: 140 Responses from Solicitation: 3 RECOMMENDATION Approve proposals from Ameri-Mex Contractors Inc., and authorize the expenditure of funds for the reconstruction of 3 properties under the City of Denton Home Improvement Program, in a not-to-exceed amount of $519,035. PRINCIPAL PLACE OF BUSINESS Ameri-Mex Contractors Inc. Valley View, Texas ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by December 31, 2020. FISCAL INFORMATION These services will be funded from Home Investment Partnership Program account 912018002.1360.10100. The budgeted amount for this item is $519,035. There is a 10% discrepancy due to inflation for change orders. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluations Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning these reconstructions, contact: Alma Espino at 940-349-7756. Legal point of contact: Mack Reinwand at 940-349-8333. 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: December 17, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton regarding a change in the zoning district and use classification from Residential 2 (R-2) on 34.31 acres and Residential 3 (R3) on 2.34 acres to a Planned Development (PD) District on a total of approximately 36.66 acres of land generally located north of Ryan Road, approximately 120 feet east of Monte Carlo Lane, in the City of Denton, iding for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (PD19-0003, Ryan Way, Hayley Zagurski). BACKGROUND Thomas Fletcher of Kimley Horn on behalf of developer, Marker Stone Realty Partners III LLC, and owners, Ken Newman Properties LLC and Aerie Castle Investments LLC, is requesting to rezone 34.31 acres from R-2 District and 2.34 acres from R-3 District to PD District. The intent of the rezoning to PD is to facilitate the development of approximately 154 single-family homes. Prior to the City-wide zoning change that went into effect on October 1, 2019, the subject property was zoned Neighborhood Residential 2 (NR-2) and Neighborhood Residential 3 (NR-3). Prior to the 2002 Denton Development Code (DDC), the subject property was zoned Agricultural (A). The applicant originally submitted a rezoning request for NR-4 and NR-6 districts with overlay restrictions to limit the use of the property to single-family dwellings only. Under the 2019 DDC all zonings with overlays transitioned to PD. Since the requested rezoning was not brought to public hearing prior to the City-wide zoning transition, the applicant modified their requested rezoning to be to PD so that uses and standards could be specified for the property. Concurrently with the rezoning request for NR-4 and NR-6 the applicant also applied for a General Development Plan. This application was made prior to October 1, 2019, which vested the development in portions of the 2002 DDC as provided for in Texas Local Government Code Chapter 245. Despite being vested under the 2002 DDC, the applicant and developer have indicated that they intend to follow the 2019 DDC for most aspects of this development. As is described in the proposed PD Development Regulations document (Exhibit 8), the developer has elected to assert their vested rights as it relates to tree preservation requirements. If approved, the proposed PD would allow for the development of 154 single-family homes. Other proposed permitted uses within the PD are limited to those accessory and temporary uses permitted within the R4 district. The table below shows how the proposed lots, as further defined in Exhibit 8, would compare to the minimum requirements of the R4 district. For any standard not specified in the PD Regulations, the standards applicable to the R4 District would apply, including minimum front and rear yard landscaping, parking standards, building design, etc. Standard Proposed PD R4 District Difference Minimum Lot Area 5,000 square feet (Max. 7,000 square feet -2,000 square feet for 10 lots) 10 lots 5,750 square feet -1,250 square feet for (Minimum for all other remainder lots) Minimum Lot Width 50 feet 50 feet 0 Minimum Lot Depth 100 feet 80 feet +20 feet Minimum Front Yard 20 feet 20 feet 0 Setback Minimum Garage 20 feet N/A +20 feet Setback Side Yard Setback 5 feet 5 feet 0 Site Yard Setback (Corner 10 feet 20 feet -10 feet Lot/Adjacent to ROW) Rear Yard Setback 15 feet 10 feet +5 feet Maximum Height 40 feet 40 feet 0 Maximum Building 60 percent 50 percent +10 % Coverage Street Trees 1 per 30 linear feet for 1 per 30 linear feet Varies HOA lots 1 per residential lot Yard Trees 1 front, 1 rear, 2 1 per yard +1 for internal lots additional for corner lots +3 for corner lots Garage offset from front Minimum of 12 inches Minimum of 3 feet -2 feet façade Tree Preservation Per 2002 DDC: 20% of Per 2019 DDC: 30% of Varies due to quality trees & 10% of Heritage and Quality changes in tree secondary trees Trees classification A full Staff Analysis of the proposed Planned Development, including a further analysis of the proposed standards, is provided in Exhibit 2. PLANNING AND ZONING COMMISSION A public hearing was originally scheduled for this item at the November 20, 2019 Planning and Zoning Commission meeting. However, due to a notification error, the public hearing could not be held, and the item was subsequently re-noticed for the December 11, 2019 Planning and Zoning Commission meeting. th At the hearing on December 11, 14 individuals spoke regarding this request and 13 individuals provided comment cards without speaking. Of the 14 individuals who spoke, 2 represented the development. One individual was in favor of the request, and two of the comments cards were in favor of the request. The remaining 11 speakers and 11 comment cards were in opposition. The primary concern of those in opposition was the connection of Monte Carlo Lane directly south from Teasley Trails to Ridgemont. Concerns included loss of privacy within Ridgemont, cut through traffic from Teasley Lane to Ryan Road, and the speed of vehicles travelling down the road if it is designed as a straight road segment because the property slopes steeply downhill from north to south. Other concerns raised included density, in particular the small lot size of lots on the west side where the subdivision abuts the Montecito subdivision, drainage into the Ridgemont neighborhood, and potential increases in crime. The Planning and Zoning Commission recommended approval \[4-3\]. Minutes from this meeting have not been drafted as of the issuance of this report. It is important to note that during discussion, all ofthe Commissioners expressed concerns about Monte Carlo Lane being extended as shown on the plan. Discussion included the DDC requirements for connectivity, including how a variance could be sought from the ZBA in order to not provide connectivity. During this discussion, Staff clarified that the DDC requires connection to all adjoining streets. For further detail, Section 7.8.6.C.2 of the DDC requires each development to connect to existing, proposed, and anticipated streets within and outside of the development and extend those streets within the development to the property boundary. This is intended to maximize connectivity, ensure adequate access and safe circulation through adjoining developments. Section 7.8.6.D specifies four instances in which the City Engineer eliminate a connection requirement: It would require crossing a significant physical barrier or ESA It would extend/connect to an existing development designed in such a way that connection would never likely occur It would extend/connect to a government property or public utility to which vehicular access is restricted It would extend/connect to a property developed or zoned for a use whose level and type of traffic would be incompatible with the proposed development. In instances where a development does not meet these criteria, the DDC specifies that a variance must be sought from the Zoning Board of Adjustment, which requires that a hardship be proven. Staff indicated to the P&Z that there does not appear to be grounds for a hardship based on what has been proposed and further explained that the developer has not requested such a variance and is proposing to provide the required connections. The Commissioners discussed possibly postponing their decision to allow the developer time to explore alternative site layouts to slow traffic and not have a straight road segment between the two Monte Carlo stubs. Ultimately a vote was taken and the motion passed. The Commissioners all indicated that they were in favor of the infill development and thought the product was a good fit for the area, but most of the Commission indicated that they hope the proposed layout would be modified to better address the concerns about the roadway. OPTIONS 1. Recommend Approval 2. Recommend Approval Subject to Conditions 3. Recommend Denial 4. Postpone Item. RECOMMENDATION Staff recommends approval of the request as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.3.D of the DDC for approval of a zoning change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request Action February 2, 2002 City Council New Zoning Code Approval and City-wide rezoning to NR-2 and NR-3 April 23, 2019 City Council New Zoning Code Approval and City-wide zoning district transition to R-2 and R-3 November 6, 2019 Planning and Zoning General Development Postponed to November Commission Plan 20, 2019 November 20, Planning and Zoning General Development Denied (zoning not in 2019 Commission Plan place to support lot layout) November 20, Planning and Zoning Rezoning to Planned Withdrawn due to 2019 Commission Development notification error December 11, Planning and Zoning Rezoning to Planned Recommended approval 2019 Commission Development \[4-3\] PUBLIC OUTREACH: One hundred and twenty (135) notices were sent to property owners within 200 feet of the subject property. Four hundred and twenty eight (428) courtesy notices were sent to physical addresses within 500 feet of the subject property. As of the writing of this report, written owner responses from forty one (41) properties (twenty nine (29) within 200 feet) in opposition to the request have been received and three (3) written responses in favor of the request have been received. These totals include the comment cards filled out at the Planning and Zoning Commission meeting. Written responses are attached in Exhibit 12. A notice was published in the Denton Record Chronicle on November 24, 2019. November 21, 2019. Four signs were posted on the property on November 8, 2019. Photos of the posted signs are included in Exhibit 12. The applicant held two neighborhood meetings, one based upon the initial zoning request of NR-4 and NR- 6 with overlay restrictions, and a second meeting based on the revised request for a rezoning to PD. Summaries of the meeting as well as sign in sheets from each meeting are included in Exhibit 11. The first neighborhood meeting was held on September 26, 2019. Twenty three individuals attended the meeting, including one City Council member. Representatives from Kimley Horn conducted the meeting and introduced the proposed mix of NR-4 and NR-6 zoning. Neighbors expressed concerns regarding the uses allowed in these districts, and why much of the site was proposed as NR-6 rather than all of the site being NR-4. Additional concerns included increased traffic and the layout of streets, specifically whether Monte Carlo Lane would be extended through the property because many residents in Ridgemont desire to maintain Monte Carlo Lane as a cul-de-sac. Drainage was discussed, and many residents in Ridgemont indicated they face drainage and flooding issues currently. Many residents also indicated a desire for perimeter fencing and to maintain a buffer of existing trees where the site abuts homes Ridgemont and Teasley Trails. Concerns were also raised about home prices being low and low-quality building materials being utilized since the City cannot regulate materials any longer. To this concern, the applicant indicated that the developer intends to impose minimum masonry requirements in the deed restrictions for the property. A second neighborhood meeting was held on October 23, 2019. Eighteen individuals attended the meeting, including one Planning and Zoning Commission member. At this meeting both the applicant and developer spoke to neighbors and presented a more detailed conceptual layout for the proposed subdivision. The applicant informed neighbors that the request was now for a Planned Development and described all of the proposed regulations for the PD. The applicant and developer indicated that the intent in addition to the PD regulations is to impose a minimum 40% masonry requirement on the subdivision since the City is not able to enforce building material requirements under new state law. Many residents expressed similar concerns to those raised at the first meeting, including: Traffic and the extension of Monte Carlo Lane and connection at Mizzen Lane Drainage, especially in Ridgemont where there are drainage issues today due to surface runoff from the subject property Maintenance of trees in the common area lots abutting existing homes Crime increases due to more traffic through the existing neighborhoods A few of the residents in attendance indicated that they appreciated seeing a more detailed plan for the subdivision and were in favor of the proposed common area lots with tree preservation to buffer between lots as well as the inclusion of minimum masonry standards in the future HOA regulations. Following the neighborhood meetings staff has spoken with multiple neighbors regarding the project, most of whom have submitted formal written responses. Staff has met with one individual who lives in the proposed subdivision, which could significantly change the amount of traffic through Ridgemont since it has historically had no connection to adjoining subdivisions. Staff explained to the resident that when a new development occurs it is required by the DDC to connect to existing street stubs and extend the streets to ensure adequate access and circulation. For Monte Carlo Lane to not extended, a hardship variance would have to be obtained through the Zoning Board of Adjustment. If this were granted, the result would be safety concerns for the Fire Department and other emergency response operations because there would then be two permanently non-connecting street segments named Monte Carlo Lane, one in Ridgemont and one in Teasley Trails. To remedy these concerns one of the two subdivisions would have to be replatted to change the street name, and all affected home owners would have to sign the plat. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact disclosures have been provided to staff from members of this body as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. LLC Members List 8. PD Development Regulations 9. PD Site Layout 10. PD Traffic Analysis 11. Neighborhood Meeting Materials 12. Notification Map and Responses 13. Presentation 14. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Hayley Zagurski SeniorPlanner Planning Staff Analysis PD19-0003/Ryan Way City Council District #4 REQUEST: Request to rezone approximately 36.6 acres from Residential 2 (R-2) and Residential 3 (R-3) to Planned Development (PD) to facilitate the development of approximately 154 single-family dwellings. STAFF RECOMMENDATION: Staff recommends approval of the request as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.3.D of the DDC for approval of a zoning change. SITE DATA: The site is comprised of approximately 36.6 acres with approximately 350 feet of frontage along Ryan Road. Approximately 34.31 acres are zoned R-2 District and approximately 2.34 acres are zoned R-3 District. Monte Carlo Lane is stubbed out to the property from both the north and south, and Mizzen Lane is stubbed out to the property from the east. The property is currently undeveloped. A gas well drilling and production site was previously located on the northwestern portion of the subject property. The gas well on the property was plugged in accordance with Railroad Commission requirements as of August 12, 2019. Ryan Road is currently designated as a . Secondary Arterial roadways require 110 feet of right-of-way width. Functionally, Ryan Road acts as a Collector road, and the road is likely to be downgraded to a Collector when the Mobility Plan is updated. Currently Ryan Road is developed as a two-lane undivided roadway with variable width. Improvements to Ryan Road were approved as a part of the November 5, 2019 bond election. The City will be moving forward with the development of plans for widening this road to two lanes of through traffic with a center turn lane. Construction on Ryan Road is expected to begin in 2023 at the earliest. SURROUNDING ZONING AND USES: Northwest: North: Northeast: Zoning : R2 district Zoning : R3 district Zoning : R3, R7, and PD Use: single-family residence Use: single-family residential districts subdivision Use: single-family residential subdivision West: East: Zoning : R2 district Zoning : PD district SUBJECT PROPERTY Use: single-family residential Use: single-family residential subdivision subdivision Southwest: South: Southeast: Zoning : R4 Zoning : R6 district Zoning : PD and R4 districts Use: single-family residential Use: single-family residential Use: single-family residential subdivision subdivisions and Ryan Road subdivisions and Ryan Road CONSIDERATIONS: A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications. 1. General Criteria a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. The review criteria was applied as required. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in sections 2.5 through 2.9. Section 2.7.3.D of the DDC applies to this rezoning to PD request. An analysis of this request per those criteria can be found below in Consideration B. c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls. There are no conflicts between the general criteria and the criteria specific for rezoning to PD requests. 2. Prior Approvals There are no prior approvals for this project. 3. Consistent with the Comprehensive Plan and Other Applicable Plans The decisionmaking authority: a. Shall weigh competing goals, policies, and strategies. There are no competing goals, policies, or strategies related to this proposal. b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan. The Future Land Use designation for the subject property and surrounding developments is Low Residential. This designation applies to areas intended for development of primarily single-family residential uses on larger lots with an average density of 1 to 4 dwelling units per acre. The proposed subdivision would have a density of 4.23 dwelling units per acre. Although the subdivision exceeds the density of Low Residential, the subdivision density is not out of character for this area. The Future Land Use designation in the area around the Teasley Lane and Ryan Road intersection is Community Mixed Use, which encourages commercial and service uses as well as moderate to high density residential uses, and development in this area has trended towards higher density in the surrounding area. Generally speaking, to the west of the subject property are larger lot subdivisions with a density of 1.5-2 dwelling units per acre (such as Montecito del Sure) and higher densities ranging from 3.5 dwelling units per acre directly to the south in Ridgemont up to 4.4 dwelling units per acre in the newest phase of Teasley Trails located directly east of the subject property. The proposed subdivision falls comfortably within this range and would continue the trend from lower densities to the west to higher densities closer to the Teasley Lane intersection. 4. Compliance with this DDC The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. This request is for a rezoning to Planned Development. The proposed Development Regulations provided in Exhibit 8 indicate an intent to develop in accordance with the 2019 DDC except for specific deviations outlined in the document and summarized in the table in Exhibit 1. Because of the date of initial application, thedeveloper has the ability to claim vested rights as it relates to tree preservation requirements as is specifically permitted by Texas Local Government Code Chapter 245. The developer has elected to assert these vested rights for tree preservation, which is indicated in the proposed PD regulations. The 2002 DDC contained regulations for both tree preservation and mitigation; however the 2002 DDC mitigation requirements are in conflict with state law as amended by HB 7 in 2017 and codified in Texas Local Government Code 212.095. For this reason, the proposed development can be vested in the preservation requirements of the 2002 DDC, but mitigation will have to be handled in compliance with state law once the tree survey and preservation plan is finalized as part of the platting process. Additionally, the PD is proposing to follow the 2019 DDC landscaping standards, which allows trees planted for landscaping to count towards mitigation requirements in accordance with state law. Compliance with these standards is applied at the level of detail required for the subject submittal. The PD Site Layout document provided in Exhibit 9 demonstrates a compliance ents for street connectivity. The lots are in conformance with the minimum dimensions proposed in the PD Regulations, and the regulations propose conformance with the 2002 tree preservation standards. The l landscaping requirements and to provide buffers between single-family subdivisions that would not be required by the DDC in the form of HOA open space lots. 5. Compliance with Other Applicable Regulations This PD regulations document indicates that the subdivision would comply with all provisions of the 2019 DDC other than those deviations proposed in Exhibit 8. 6. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 7. Minimizes Adverse Environmental Impacts This is a request to rezone the subject site. No adverse environmental impacts are expected. There is a small area of Riparian Buffer ESA on the far northern end of the subject property which is located on an HOA open space lot and would not be disturbed. Additionally, the developer had the gas well that was on the subject property plugged in August. The PD Site Layout reflects the plugged gas well located within an HOA lot. 8. Minimizes Adverse Impacts on surrounding Property This proposed subdivision is not expected to have an adverse impact on surrounding properties. Single-family residences are not expected to generate nuisance noise, fumes, dust, etc. and the use is not incompatible with other surrounding single-family uses. To provide additional buffer space between the proposed single family homes and existing homes in surrounding neighborhoods, the developer has proposed HOA lots along the majority of the perimeter of the subdivision. Within these lots, the intent is to preserve as many existing trees as possible to maintain the canopy currently enjoyed by neighboring lots and reduce the visual impacts of new homes behind existing homes that previously enjoyed a view of the undeveloped parcel. The development would connect to existing street stubs and provide greater connectivity through and between surrounding neighborhoods, providing more options for residents to access Teasley Lane and Ryan Road. These roadway connections to the street stubs at Monte Carlo Lane to the north and south and Mizzen Lane to the east are required by the Denton Development Code. Based upon the completed traffic analysis (Exhibit 10), the development would not generate a nuisance in terms of traffic. There would be additional traffic generated by the development, but the proposed development would not reduce the level of service along Ryan Road beyond a Level C at the intersections surrounding the proposed subdivision. A Level C is the current level of service based upon existing traffic counts and those trips expected for all of the other recent developments that are either currently under construction or in the platting process. Additionally, once Ryan Road is improved to a three-lane section, which is the plan based upon the results of the recent bond election, the level of service is expected to increase to an A or B. For background informational purposes, intersections are graded with a letter grade based upon the average time greater than 50 seconds in an unsignalized intersection). 9. Minimizes Adverse Fiscal Impacts This proposed rezoning is not expected to have an adverse fiscal impact. The developer indicated at both neighborhood meetings that the value of the future residential structures would be market driven and comparable to surrounding new developments. Compliance with Utility, Service, and Improvement Standards This proposed rezoning will not negatively affect utilities, services or improvements. When the site is developed, it will be reviewed to ensure compliance with all applicable standards. Provides Adequate Road Systems This proposed development would provide additional connectivity within the roadways systems of the City. When the site is platted, the new development will have to comply with all applicable standards to ensure adequate roads are constructed. Provides Adequate Public Services and Facilities This proposed rezoning will not negatively affect public services and facilities. When the site is platted, the new development will have to connect with existing utility stubs and comply with all applicable standards to ensure adequate public services and facilities are constructed. 13. Rational Phasing Plan This proposed rezoning does not have a phasing plan. The development is intended to be developed in a single phase. B. Section 2.7.3.D of the DDC states that an application for a rezoning to PD district may be approved based on the following conditions: a. Complies with the goals of the Comprehensive Plan. As was indicated above, the proposed subdivision would have a slightly higher density than that intended for areas designated as Low Residential on the Future Land Use map. However, at approximately 4.2 dwelling units per acre, the proposed subdivision would not be out of character for the surrounding area, which has subdivisions with densities ranging from 1.5 dwelling units per acre to the west to 4.4 dwelling units per acre to the east. b. Complies with this DDC, except where modifications are expressly authorized through the PD zoning document, the PD development standards document, and in the PD development plan map. The proposed PD Regulations indicate an intent to comply with all aspects of the DDC other than those deviations expressly identified in the Exhibit 8. These proposed deviations are detailed in the table provided in Exhibit 1. As described previously, the development is vested in the 2002 DDC for tree preservation requirements. However, as the PD regulations indicate, the developer is proposing to follow the 2019 landscaping code and will exceed most of the standards for residential landscaping. c. Provides a greater level of building design quality, community amenities, and connectivity than would be required if the project were not being developed in the PD district. The proposed subdivision would provide for greater connectivity between existing residential subdivisions in this area. In terms of community amenities, the proposed subdivision provides approximately 13% of the land area as open space. The DDC requires a minimum of 5% open space for subdivisions of 10 lots or more. The open space would be utilized for tree preservation and planting. The developer indicated at both neighborhood meetings that he intends to impose a minimum standard of 40% masonry materials on the homes within this subdivision. Based upon recent state legislation, the City cannot enforce regulations related to building materials, but the proffered 40% minimum in in excess of the 25% minimum masonry requirement. d. In the case of proposed residential development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding areas. The proposed single-family subdivision would be compatible and consistent with the surrounding single-family developments. The density and lot sizes proposed are generally consistent with those found within the adjacent Teasley Trails subdivision. e. In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development will be appropriate in area, location, and overall planning for the purpose intended. No non-residential development is proposed as part of this PD. f. The provisions of public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks are adequate to serve the anticipated population within the PD district. Schools The proposed development of 154 single family residences would be expected to generate approximately 57 elementary school student, 26 middle school students, Currently the subject property is within the attendance zones for Ryan Elementary School, McMath Middle School, and Denton High School. According to a Denton ISD representative, both McMath Middle and Denton High Schools have adequate capacity to support the proposed development. Ryan Elementary School currently school would not be able to handle the additional students from this subdivision and would require the ISD to re-zone this area to another nearby school such as Sam Houston Elementary. Nearest Fire Station The closest fire station to the subject property is Fire Station 6 at 3232 Teasley Lane. The subject property is located: Approximately 1.4 miles from Fire Station #6 via Teasley Lane and Ryan Road, or Approximately 0.8 miles via Teasley Lane and Moonsail Lane. Thus, the subdivision is within the eight minute or less response time boundary. Law Enforcement The Denton Police Department has indicated that the proposed development would not have a significant or negative impact on their call response time. According to the Police Department there is not a substantial crime problem in the Teasley Lane/Ryan Road area of Denton today, and the proposed single-family development is not expected to generate a significant increase in crime or nuisance issues for the police. Water and Wastewater Public water and wastewater services are available to the site. The development of the site will require the water system be looped through connection to the 8-inch lines located in Ryan Road to the south, Mizzen Lane to the east, and Monte Carlo Lane to the north as well as to the existing 6-inch line located in Monte Carlo Lane to the south. Sewer lines are available for connection at both Monte Carlo Lane and Ryan Road. No utility capacity issues have been identified that would affect the proposed development. Streets Transportation related to the proposal As part of the PD rezoning request, the applicant provided a traffic-assessment memo prepared by a licensed engineer. The memo did not include the full Traffic Impact Analysis (TIA), which will be required as part of the platting of the property. However, the memo provided trip generation and distribution information to demonstrate how the proposed use may affect the surrounding property.The full TIA review will further validate the numbers and determine if additional system improvements will be warranted. The proposed single-family subdivision is expected to generate approximately 1,547 daily trips, 114 AM peak hour trips, and 154 PM peak hour trips. The traffic analysis completed by Kimley Horn indicates although the proposed development would increase daily traffic along Ryan Road, this subdivision alone would not decrease the level of service of the roadway. Combined with the traffic from other surrounding developments that are either under construction or in the platting phase of development (Parkvue by Tollbrothers to the south, Creekside to the west, and Hunters Creek multi-family and a new Dollar Tree to the west), the level of service of Ryan Road is expected to decrease from a level A/B between the intersections of Commodore Court and Monte Carlo Lane to a level C. However, with the passage of the bond election, Ryan Road will become a City capital improvement project and is expected to be uniformly widened to three lanes with 5-foot sidewalks The proposed development would increase traffic on southbound Monte Carlo Lane and decrease the level of service at the intersection of Monte Carlo Lane and Ryan Road from a level B to a level C. However, by connecting Monte Carlo Lane from north to south the proposed development also provides an alternative means of ingress and egress from the Ridgemont subdivision, greatly increasing the connectivity and travel options in the area. Roadway Impact Fees Roadway impact fees, paid at the time of development, are determined using a proportionality calculation based on the number of dwelling units and projected vehicle trips. These fees are used to make roadway system improvements related to the Mobility Plan. Access and Perimeter Street Improvements Access to the subject property will be possible from Ryan Road, Mizzen Lane, and Monte Carlo Lane. Although the developer will be required to dedicate approximately 16-17 feet of right-of-way for Ryan Road, perimeter street improvements along Ryan Road are not likely to be required at the time of development since improvements to Ryan Road were approved as part of the November bond election. Parks The southwest corner of the subject property is located approximately 500 linear would be approximately a 2-3 minute walk. This distance meets the Park goal of a 10-Minute Walk to a Park. Additionally, in order to provide for adequate parks, all residential developments must provide the following: Dedicated park land or fees paid in lieu of dedication. Dedication fees are assessed prior to the filing of the plat and at based upon a formula that follows the standard of two and one-half acres of park land per one thousand population. The estimated park dedication for the proposed development is 1.078 acres. Park development fee. A park development fee for each single-family dwelling is required with every building permit. PD19-0003 RYAN WAY Planned Development (PD) District General Planned Development Standards For 36.397 Acres City of Denton, Denton County, Texas SECTION 1: Purpose. The regulations set forth in this section of the development standards are for the Planned Development (PD) District. This Planned Development (PD) District provides for development standards for the above referenced tract which is comprised of the Ken Newman Properties, LLC tracts that total 29.345-acres and is provided below as Exhibit A and the Aerie Castle Investments, LLC tract that totals 7.052-acres and is provided below as Exhibit B. The regulations for the R4 - Residential District and all other provisions of the City of Denton Development Code effective date 10/1/2019, shall apply except as modified herein. The proposed subdivision layout is shown on the Planned Development Site Layout sheets provided as Exhibit C. SECTION 2: Use Regulations. Allowable uses shall be per the Denton Development Code, Subchapter 5: Use Regulations for R4 except as modified herein. The following are allowable uses within this Planned Development: 1. Single-Family Detached Dwelling; 2. Accessory Uses allowed within R4; 3. Temporary Uses allowed within R4. All other uses shall be prohibited within this Planned Development. SECTION 3: Maximum Density. The maximum number of Single-Family Detached Dwellings shall be one-hundred fifty-four (154) for a maximum density of 4.23 dwelling units per acre Association (HOA) lots do not count against the Maximum Density. SECTION 4: Dimensional Standards: If not specifically stipulated below, Dimensional Standards shall follow the R4 Zoning District as stated in DDC Section 3.2.5. Regulation Criteria 1. Minimum Lot Area (*) - 5,000 sq. ft. 2. Typical Lot Area (*) - 5,750 sq. ft. 3. Minimum Lot Width (**) - 50 feet 4. Minimum Lot Depth - 100 feet 5. Minimum Front Yard Setback - 20 feet 6. Minimum Garage Setback (Front Entry) (***) - 20 feet 7. Side Yard Setback (Interior Lot) - 5 feet 8. Side Yard Setback (Corner Lot/Adjacent to ROW) - 10 feet 9. Rear Yard Setback - 15 feet 10. Maximum Height - 40 feet 11. Maximum Building Coverage - 60 percent * Up to ten (10) lots within the development can be between 5,000 sq. ft. and 5,749 sq. ft., all other lots shall be 5,750 sq. ft. or greater. ** Minimum Lot Width is measured along the front yard setback for all lots. *** The garage shall be offset a minimum of twelve (12) inches from the building. SECTION 5: Tree Preservation and Landscape Standards. Based on the regulations of the Texas Local Government Code and the submittal of General Development Plan, GDP19-0002, the project is vested to the requirements of the 2002 Denton Development Code for Tree Preservation. Per Exhibit C, buffers have been provided adjacent to the existing residential neighborhoods. The intent of these buffers is to provide tree preservation on the perimeter to minimize the impact to the existing residents adjacent to this Project. Tree preservation is also provided adjacent to a tree preservation area that was established as part of the Teasley Trails development to provide continuity in habitat areas. In addition to the landscaping requirements of the 2019 DDC, the following regulations shall apply: Regulation Criteria 1. Street Tree Residential Lot (*) One (1) per residential lot 2. Street Tree HOA Lot One (1) per 30 linear feet 3. Front Yard Tree (*) - One (1) 4. Rear Yard Tree (*) - One (1) 5. Corner Lot Side Yard Trees (*) - Two (2) * The Developer shall provide the required street trees located within the HOA lots per the regulations above. The Homebuilder will provide the required street tree residential lot, front, rear, and corner lot side yard trees per the regulations above. All trees shall be three (3) caliper inches in size measured twelve (12) inches above ground level. In addition to street trees provided in the HOA open space lots, the developer will provide trees around any detention facility at one (1) tree per sixty (60) linear feet. Detention ponds shall be grassed and irrigated. The Developer will also be providing landscaping at the entry to the subdivision off Ryan Road that will include ornamental trees, shrubs, and flowers. There will be no minimum standard for these enhancements, but it is the intent of the Developer to enhance the entry to create a sense of community and arrival to the Project. Proposed tree plantings shall count toward mitigation if it is determined that mitigation is required. SECTION 6: Building Design Regulations. Building Design shall be per the Denton Development Code, Subchapter 7: Development Standards except as modified herein. 1. The garage shall be offset a minimum of twelve (12) inches from the building. SECTION 7: Amenities The following community amenities are being provided for this Project: 1. Open space and tree preservation The proposed plan will provide a minimum of fifteen percent (15%) open space. The open space will be provided for tree preservation, buffer of existing neighborhoods, detention, and general open space for the community. 2. Additional Yard Trees The additional tree requirements placed on each residential lot will provide an overall amenity to the Project, its residents and the environment. 3. Benches The developer is proposing to construct paved areas adjacent to the open spaces where benches can be constructed for rest and relaxation. SECTION 8: Development Schedule. The proposed Planned Development, Ryan Way, is to be developed in a single phase as shown on the Planned Development Site Layout. It is anticipated that preliminary plat, construction plans, and final plat approval will take approximately ten (10) months. Construction for the proposed improvements is anticipated to take approximately sixteen (16) months. Home construction is anticipated to take approximately eighteen (18) months. Based on this schedule, the development would be completely built out around forty-four (44) months from zoning approval. EXHIBIT A Ken Newman Properties, LLC - Tracts 29.345 ACRES BEING all that certain lot, tract, or parcel of land situated in the C. Poullalier Survey Abstract Number 1006 in the City of Denton, Denton County, Texas, being all of Lot 16, Block D of Teasley Trails Phase 1B, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2016-2092, Plat Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from Bobby Joe White to Ken Newman Properties, LLC recorded under Document Number 2007-96518, Real Property Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from Daniel Lee Davis and Patsy Davis to Ken Newman Properties, LLC recorded under Document Number 2007-96513, Real Property Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from Jimmie Frank White and Shirley Ann White to Ken Newman Properties, LLC recorded under Document Number 2007-96516, Real Property Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from Thomas Earl Trueblood, Jr. and Mecca Trueblood to Ken Newman Properties, LLC recorded under Document Number 2007-96517, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at an iron rod found for corner in the west line of Lot 2X HOA, Block A of Teasley Trails Phase IV, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2017-96, Plat Records, Denton County, Texas, said point being the northeast corner of Lot 1, Block A of Lightbringer Estates, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2015-33, Plat Records, Denton County, Texas; THENCE S 89° Estates to an iron rod found for corner; THENCE S 89° Estates and with the north line of Blocks C and A of Ridgemont Addition Phase Two, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet P, Page 157, Plat Records, Denton County, Texas and with the north line of Block A of Ridgemont Addition, Phase 1, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet O, Page 196, Plat Records, Denton County, Texas to a capped iron rod marked RPLS 4561 set for corner in the east line of Lot 27, Block A of Montecito Del Sur, Section 2, Phases I and II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet F, Page 226, Plat Records, Denton County, Texas; THENCE N 00° with said east line of said Montecito Del Sur, Section 2, Phases I and II to a capped iron rod marked RPLS 4561 set for corner; THENCE N 00° Section 2, Phases I and II, and with the east line of line of that certain tract of land conveyed by deed from William M. Johnson to James Ken Newman recorded in Volume 1266, Page 118, Real Property Records, Denton County, Texas to an iron rod found for corner; THENCE N 00° with said east line of said James Ken Newman tract and with the east line of Lot One, Block One of Whittle Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet C, Page 61, Plat Records, Denton County, Texas to a capped iron rood marked RPLS 4561 set for corner, said point being the southwest corner of Lot 24X HOA, Block D of Teasley Trails Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2017-352, Plat Records, Denton County, Texas; THENCE N 89° capped iron marked KHA found for corner, said point being the northwest corner of Lot 23, Block D of Teasley Trails Phase 1B, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2016-2092, Plat Records, Denton County, Texas; THENCE S 00° D to a capped iron rod marked RPLS 4561 set for corner, said point being the southwest corner of Lot 1X HOA in said Block D; THENCE S 89° capped iron rod marked RPLS 4561 set for corner in the west line of Lot 15X Common Area in Block D of Teasley Trails Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded under Document Number 2016-176, Plat Records, Denton County, Texas; THENCE S 00° 06 Area to a capped iron rod marked RPLS 4561 set for corner, said point being the southwest corner of said Lot 15X Common Area; THENCE S 89° t 15X Common Area and with the south line of Lot 10X HOA Common Area, Block I of Teasley Trails Phase 1B, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2016-2092, Plat Records, Denton County, Texas to a capped iron rod marked RPLS 4561 set for corner, said point being the northwest corner of Lot 11X HOA, Block G of Teasley Trails Phase IV, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2017-96, Plat Records, Denton County, Texas; THENCE S 00° iron rod found for corner; THENCE S 00° the west line of said Lot 2X HOA to the PLACE OF BEGINNING and containing 29.345 acres of land. EXHIBIT B Aerie Castle Investments, LLC - Tract 7.052 ACRES BEING all that certain lot, tract, or parcel of land situated in the J. Lewis Survey Abstract Number 1572 and the S. Scott Survey Abstract Number 1186 ann in the W. Speer Survey Abstract Number 1197 in Denton County, Texas, being all of Lot 49, Block C of Ponderosa Valley Phase III, an addition to Denton County, Texas, according to the plat thereof recorded in Cabinet Q, Page 268, Plat Records, Denton County, Texas, and being a part of that certain tract of land conveyed by deed from Aristocrat Fund XXIV, L. P. to Ponderosa Ranch Properties No. 2 L. P. recorded in Volume 4972, Page 96, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at an iron rod found for corner in the west line of Adam Court, a public roadway, said point being the southeast corner of Lot 48 in said Block C of said Ponderosa Valley Phase III; THENCE along the arc of a curve to the left having a central angle of 47° radius of 60.0 feet, an arc length of 49.83 feet, whose chord bears S 06° 48.41 feet with said west line of said Adam Court to an iron rod found for corner, said point being the most northerly corner of Lot 50 in said Block C of said Ponderosa Valley Phase III; THENCE S 72° iron rod found for corner, said point being the northwest corner of that certain tract of land conveyed by deed from Ponderosa ranch Properties No. 2, L. P. to Roderick H. Person and wife, Suzanne M. Person recorded in Volume 5303, Page 6369, Real Property Records, Denton County, Texas; THENCE S 35° , pass at 744.01 feet an iron rod found for line, a total distance of 1944.67 feet with the west line of said Person tract to a point in a creek and in the north line of Lot 7, Block A of Ponderosa ranch, an addition to Denton County, Texas according to the plat thereof recorded in Cabinet U, Page 226, Plat Records, Denton County, Texas; THENCE N 61° said Ponderosa ranch to a point for corner in said creek; THENCE N 75° eet with said creek and with the north line of said Ponderosa ranch to a point for corner in said creek, said point being in the north line of Lot 6 in said Block A of said Ponderosa Ranch; THENCE N 18° north line of said Ponderosa ranch to a point for corner in said creek, said point being the southeast corner of that certain tract of land conveyed by deed from Ponderosa ranch Properties No. 2, L. P. to Craig M. Schwarz and Tamera Renee Schwarz recorded under Document Number 2006-101552, Real Property Records, Denton County, Texas; THENCE N 45° distance of 885.29 feet with the east line of said Schwarz tract to an iron rod found for corner; THENCE N 53° an iron rod found for corner, said point being the most southerly corner of Lot 40 in said Ponderosa Valley Phase III; THENCE N 52° heast line of said Lot 40 and with the southeast line of Lot 41 in said Block C to an iron rod found for corner, said point being the most westerly corner of said Lot 48 in said Block C of said Ponderosa valley Phase III; THENCE S 59° et with the southwest line of said Lot 48 to the PLACE OF BEGINNING and containing 7.052 acres of land. To: Hayley Zagurski Senior Planner, City of Denton From: Scot A. Johnson, P.E., PTOE Jake Halter, EIT Kimley-Horn and Associates, Inc. Date: November 12, 2019 Subject: Ryan Road Preliminary Corridor Analysis Ryan Road, Denton, Texas Introduction The purpose of this study is to address the growing number of residential developments along Ryan Road with a specific emphasis on the proposed Ryan Way development. This study will analyze the Ryan Road link near the Ryan Way development, the traffic operations of three nearby intersections, will address concerns about cut-through traffic along Monte Carlo Road, and will make a preliminary summary of the impact of the developments along Ryan Road. The final aspect of the analysis involves the planned reconstruction of Ryan Road from its current two-lane width to a three-lane roadway. Existing Conditions and Corridor Developments The Ryan Road corridor stretches from Teasley Lane (FM 2181) to Country Club Drive (FM 1830). Until recently, the road has generally served sparse, large lot single family houses and undeveloped land. Four area developments will be added to the traffic network in this analysis. The Hunters Creek development includes 214 multifamily units and is located near Teasley Lane along Ryan Road. The Parkvue Toll Brothers development includes 140 single family units and is located south of Ryan Road near Monte Carlo Lane, using Monte Carlo Lane as its northern access point. The Creekside development includes approximately 137 single family units and is located near Andrew Avenue along Ryan Road. There is also a proposed 8,700 SF Dollar Tree variety store located near the intersection of Teasley Lane and Ryan Road with access directly to both. The locations of these developments are displayed on the vicinity map in Exhibit 1. As shown in Exhibit 2, the proposed Ryan Way development includes 154 single family units. It has direct access to Ryan Road via Street E, a yet-to-be renamed site driveway. Through connections to other developments, the development has access to Ryan Road via Monte Carlo Lane and Commodore Court, although the Commodore Court route is not expected to be as attractive. Furthermore, the site has access to Teasley Lane through cross-site connections as well. Exhibit 3 illustrates the intersection geometry used for the traffic analyses. The City of Denton has discussed reconstructing Ryan Road from a two-lane undivided roadway to a three-lane roadway, which would include one travel lane in each direction and left-turn lanes at intersections. This report will address whether either of these configurations are appropriate for the projected future traffic volumes. kimley-horn.com 13455 Noel Road, Two Galleria Tower, Suite 700, Dallas, TX 75240 972-770-1300 Page 2 Ryan Road Traffic Volumes Exhibit 4 shows the existing weekday AM and PM peak hour traffic volumes. Both the volumes for the intersections of Ryan Road with Monte Carlo Lane and with Commodore Court were taken from traffic counts collected by Kimley-Horn. The traffic counts were collected on different days in 2019, so the higher of the two volumes were carried through the intersection of Street E and Ryan Road for a conservatively high base traffic volume. The higher traffic counts were recorded on August 20, 2019. The AM peak was from 7:00 AM 8:00 AM, and the PM peak was from 4:45 PM to 5:45 PM. Traffic Analysis th Based on ITE Trip Generation, 10 Edition, the proposed site would generate one-way trips as shown in Table 1. Table 1 Ryan Way Trip Generation Analysis DailyAM Peak Hour PM Peak Hour ITE Land UsesAmountUnitsOne-WayOne-Way TripsOne-Way Trips Code TripsINOUTTOTALINOUTTOTAL Single Family Detached Housing154DU2101,54729851149757154 th Trip Generation rates based on ITE's Trip Generation Manual, 10 Edition. These traffic volumes were distributed in the following fashion: 45% of the total traffic are projected to use Ryan Road to access Teasley Lane to the east, 35% to access Country Club Drive to the west, and 20% to access Teasley Lane via Ranchman Boulevard to the north. These distributions can be seen in graphical form in Exhibit 5. The resulting site-generated traffic volumes can be found in Exhibit 6. This process was repeated for the three background developments. Their distribution and site- generated traffic volumes can be found in Exhibits A1-A6. The background traffic consists of the existing traffic counts plus the traffic generated for the Parkvue, Creekside, and Hunters Creek developments. The background traffic is shown in Exhibit 7, and the background plus site traffic is shown in Exhibit 8. TM Table 2 shows the results of the Synchrointersection analysis of the existing traffic volumes and the background plus site traffic volumes. The existing traffic functions optimally at every analyzed turning movement, operating at LOS B or better during both peak hours. After the traffic from the four sites is added to the network, all movements operate at LOS C or better, which is excellent. Each intersection operates well under two-way STOP-control and show no need for any mitigation. The left-turning movements from Ryan Road into Monte Carlo Lane are relatively low. They do not block impede through traffic and are able to turn into the developments with little delay. Furthermore, they do not cause undue delay to the outbound left-turns from Monte Carlo Lane to Ryan Road, which also enjoy low delays. kimley-horn.com 13455 Noel Road, Two Galleria Tower, Suite 700, Dallas, TX 75240 972-770-1300 Page 3 Table 2 Intersection Analysis Background Background Existing Existing plus Site plus Site TrafficTraffic TrafficTraffic INTERSECTIONAPPROACH AM Peak HourAM Peak HourPM Peak HourPM Peak Hour DELAY DELAY DELAY DELAY LOSLOSLOSLOS (SEC/VEH)(SEC/VEH)(SEC/VEH)(SEC/VEH) NB*--16.9C--20.2C EBL7.9A8.0A8.0A8.4A Ryan Road @ Monte Carlo Lane WBL--8.2A--8.4A SB*13.1B18.3C11.6B19.3C EBL--8.0A--8.4A Ryan Road @ Street E SB*--14.0B--15.6C EBL7.9A8.0A8.1A8.5A Ryan Road @ Commodore Court SB*12.8B14.8B13.9B17.6C * Stop-Controlled Approach - No movements in Time Period Ryan Road Link Analysis Using the NCTCOG roadway link capacity for a two-lane suburban residential minor arterial, a link analysis was performed for Ryan Road. The existing 24-hour traffic counts were used as a base, and the daily traffic from the four developments included in this report were layered in. Currently, the Ryan Road corridor operates at LOS A/B. After the traffic from the four developments is capacity. Whether or not the City reconstructs Ryan Road as a three-lane roadway, Ryan Road has enough capacity to handle all imminent development. 524 Ryan Road Monte Carlo LaneCommodore Court35.0% Two Lanes764Two Lanes45.0%696Two Lanes Volume Limit 2 Lanes = 16,5006,5160.39A/B55.0%8,1450.49C8,8410.54C 175 15.0% Three LanesThree LanesThree Lanes Volume Limit 3 Lanes = 20,0006,5160.33A/B1668,1450.41A/B8,8410.44A/B 30.0% Volume Limit Based on NCTCOG DFWRTM Hourly Capacity Per Lane Though Ryan Road does not need to be a three-lane roadway from a strictly capacity standpoint, the addition of left-turn lanes would improve the safety of the corridor and would reduce the perceived need of signalization at some of the intersections, such as the intersection of Monte Carlo Lane with Ryan Road. kimley-horn.com 13455 Noel Road, Two Galleria Tower, Suite 700, Dallas, TX 75240 972-770-1300 Page 4 Monte Carlo Lane Cut-Through Traffic For approximately 60% of the Ryan Way development, Monte Carlo Lane is the most attractive access point to and from Ryan Road. It is projected that, during the peak hour, 69 trips from the Ryan Way development will use Monte Carlo Lane, or approximately 1 vehicle every 52 seconds in either direction. While this will be a noticeable increase in traffic for the existing houses along Monte Carlo Lane, there is no indication that it will significantly impact the delays at Monte Carlo Lane and Ryan Road. Furthermore, the existing Monte Carlo Lane residents will gain access to Teasley Lane through the Ryan Way development and will be better connected to the surrounding area. Summary Based on our review of the Ryan Road corridor and the proposed area developments, we offer the following conclusions and recommendations: Ryan Road has enough capacity in its current state or in its future three-lane configuration to handle the proposed development traffic. The intersection of Monte Carlo Lane and Ryan Road operates well after the development traffic is added to the network and is not in need of mitigation. While there is expected to be a noticeable amount of Ryan Way traffic utilizing Monte Carlo Lane, the traffic will not significantly impact the operations of the intersection of Monte Carlo Lane and Ryan Road. The connection will also give the Monte Carlo Lane residents access to Teasley Lane, which will better connect them to the surrounding areas. Attachments 1. Exhibits 1-8, A1-A8 2. Synchro Output Sheets kimley-horn.com 13455 Noel Road, Two Galleria Tower, Suite 700, Dallas, TX 75240 972-770-1300 North NotTo Scale Creek Dollar Tree Hunters Parkvue SITE Creekside Ryan Road Ryan Road Residential -Denton, Texas EXHIBIT 1 Vicinity Map North NotTo Scale Ryan Road Residential -Denton, Texas EXHIBIT 2 Conceptual Site Plan t r e u n o a C L e o l r r o a d C o E t e m t e n em r o o t MSC * STOP STOPSTOP Ryan Road STOP * LEGEND: = Signalized= Turn Bay * North Intersection = Stop-Controlled= Driveway Lanes or STOP EXHIBIT 3 Approach Off-Site Improvements = Travel LaneTWLTL= Two-Way Left Turn Lane NotTo Scale Lane Assignment and Intersection Control t r e u n o a C L e o l r r o a d C o E t e m t e n m e r o o t MSC 5172029 (9)(4)3 (14)(5)(20)4 (33) 285 (316)288 (330)268 (325) Ryan Road 3 (8)333 (324)9 (10) 316 (320)324 (314) LEGEND: X (Y) X = Weekday AM Peak Hour Turning Movements North Y = Weekday PM Peak Hour Turning Movements Volumes may not sum from point to point due to rounding EXHIBIT 4 and presence of smaller driveways not included in analysis. NotTo Scale 2019 Existing Traffic Volumes 20% of Ryan Way traffic expected to unitilizeTeasley Lane via cross connections to other sites t r e u n o a C L e o l r r o a d C o E t e m t e n em r o o t MSC 27% (14%) (27%)(14%) (14%) (18%)18% 27%45% Ryan Road 21%14% 14% (27%) (45%) LEGEND: X% (Y%) X% = Percentage of Inbound Site-Generated Traffic North (Y%) = Percentage of Outbound Site-Generated Traffic EXHIBIT 5 NotTo Scale Trip Distribution and Traffic Assignment t r e u n o a C L e o l r r o a d C o E t e m t e n m e r o o t MSC 120238 (26)121500 (8)(0)(15)12 (8)(8)(10)5 (17)(0)(0)0 (0) 0 (0)8 (26)13 (44) Ryan Road 6 (20)4 (14)0 (0) 4 (14)00023 (15)38 (26) 0 (0)(0)(0)(0) LEGEND: X (Y) X = Weekday AM Peak Hour Turning Movements North Y = Weekday PM Peak Hour Turning Movements Volumes may not sum from point to point due to rounding EXHIBIT 6 and presence of smaller driveways not included in analysis. NotTo Scale Site-Generated Traffic Volumes t r e u n o a C L e o l r r o a d C o E t e m t e n em r o o t MSC 50173 (14)002029 (9)(0)(4)311 (377)(0)(0)0 (0)(5)(20)4 (33) 10 (32)324 (423)304 (418) Ryan Road 3 (8)0 (0)9 (10) 366 (365)37029412 (388)403 (378) 13 (41)(24)(0)(19) LEGEND: X (Y) X = Weekday AM Peak Hour Turning Movements North Y = Weekday PM Peak Hour Turning Movements Volumes may not sum from point to point due to rounding EXHIBIT 7 and presence of smaller driveways not included in analysis. NotTo Scale Background Traffic Volumes t r e u n o a C L e o l r r o a d C o E t e m t e n m e r o o t MSC 1704011 (40)12152029 (17)(0)(19)323 (385)(8)(10)5 (17)(5)(20)4 (33) 10 (32)332 (449)317 (462) Ryan Road 9 (28)4 (14)9 (10) 370 (379)37029435 (403)441 (404) 13 (41)(24)(0)(19) LEGEND: X (Y) X = Weekday AM Peak Hour Turning Movements North Y = Weekday PM Peak Hour Turning Movements Volumes may not sum from point to point due to rounding EXHIBIT 8 and presence of smaller driveways not included in analysis. NotTo Scale Background Plus Site-Generated Traffic Volumes 20% of Parkvuetraffic isexpected to access the radway network through cross connections to other sites, specifically via Creekdale Drive. t r e u n o a C L e o l r r o a d C o E t e m t e n em r o o t MSC 35%35%35% Ryan Road (45%)(35%) (35%) (35%) 45% DailyAM Peak HourPM Peak Hour ITE Land UsesAmountUnitsOne-WayOne-Way TripsOne-Way Trips Code TripsINOUTTOTALINOUTTOTAL Single Family Detached Housing140DU2101,49828821109054144 th Trip Generation rates based onITE's Trip Generation Manual, 10 Edition. LEGEND: X% (Y%) X% = Percentage of Inbound Site-Generated Traffic North (Y%) = Percentage of Outbound Site-Generated Traffic EXHIBIT A1 NotTo Scale Trip Distribution and Traffic Assignment: Parkvue t r e u n o a C L e o l r r o a d C o E t e m t e n m e r o o t MSC 0000 (0)0000 (0)(0)(0)0 (0)(0)(0)0 (0)(0)(0)0 (0) 10 (32)10 (32)10 (32) Ryan Road 0 (0)0 (0)0 (0) 0 (0)3702929 (19)29 (19) 13 (41)(24)(0)(19) LEGEND: X (Y) X = Weekday AM Peak Hour Turning Movements North Y = Weekday PM Peak Hour Turning Movements Volumes may not sum from point to point due to rounding EXHIBIT A2 and presence of smaller driveways not included in analysis. NotTo Scale Site-Generated Traffic Volumes: Parkvue 45% of Creekside traffic expected to travel westward on Ryan Wayand does not appear at the study intersections. t r e u n o a C L e o l r r o a d C o E t e m t e n em r o o t MSC 55% 55%55% Ryan Road (55%) (55%) (55%) DailyAM Peak HourPM Peak Hour ITE Land UsesAmountUnitsOne-WayOne-Way TripsOne-Way Trips Code TripsINOUTTOTALINOUTTOTAL Single Family Detached Housing137DU2101,38926761028651137 th Trip Generation rates based onITE's Trip Generation Manual, 10 Edition. LEGEND: X% (Y%) X% = Percentage of Inbound Site-Generated Traffic North (Y%) = Percentage of Outbound Site-Generated Traffic EXHIBIT A3 NotTo Scale Trip Distribution and Traffic Assignment: Creekside t r e u n o a C L e o l r r o a d C o E t e m t e n m e r o o t MSC 0000 (0)0000 (0)(0)(0)14 (47)(0)(0)0 (0)(0)(0)0 (0) 0 (0)14 (47)14 (47) Ryan Road 0 (0)0 (0)0 (0) 42 (28)00042 (28)42 (28) 0 (0)(0)(0)(0) LEGEND: X (Y) X = Weekday AM Peak Hour Turning Movements North Y = Weekday PM Peak Hour Turning Movements Volumes may not sum from point to point due to rounding EXHIBIT A4 and presence of smaller driveways not included in analysis. NotTo Scale Site-Generated Traffic Volumes: Creekside 85% of Hunters Creek traffic expected to utilize other site driveways not included inthis analysis. t r e u n o a C L e o l r r o a d C o E t e m t e n em r o o t MSC (15%) (15%)(15%) Ryan Road 15%15%15% DailyAM Peak HourPM Peak Hour ITE Land UsesAmountUnitsOne-WayOne-Way TripsOne-Way Trips Code TripsINOUTTOTALINOUTTOTAL Multifamily Housing (Mid-Rise)214Units2211,165195372563692 th Trip Generation rates based onITE's Trip Generation Manual, 10 Edition. LEGEND: X% (Y%) X% = Percentage of Inbound Site-Generated Traffic North (Y%) = Percentage of Outbound Site-Generated Traffic EXHIBIT A5 NotTo Scale Trip Distribution and Traffic Assignment: Hunters Creek t r e u n o a C L e o l r r o a d C o E t e m t e n m e r o o t MSC 0000 (0)0000 (0)(0)(0)8 (5)(0)(0)0 (0)(0)(0)0 (0) 0 (0)8 (5)8 (5) Ryan Road 0 (0)0 (0)0 (0) 3 (8)0003 (8)3 (8) 0 (0)(0)(0)(0) LEGEND: X (Y) X = Weekday AM Peak Hour Turning Movements North Y = Weekday PM Peak Hour Turning Movements Volumes may not sum from point to point due to rounding EXHIBIT A6 and presence of smaller driveways not included in analysis. NotTo Scale Site-Generated Traffic Volumes: Hunters Creek 85% of Hunters Creek traffic expected to utilize other site driveways not included inthis analysis. t r e u n o a C L e o l r r o a d C o E t e m t e n em r o o t MSC (30%) (30%)(30%) Ryan Road 30%30%30% DailyAM Peak HourPM Peak Hour ITE Land UsesAmountUnitsOne-WayOne-Way TripsOne-Way Trips Code TripsINOUTTOTALINOUTTOTAL Variety Store8,700SF814552161228312960 th Trip Generation rates based onITE's Trip Generation Manual, 10 Edition. LEGEND: X% (Y%) X% = Percentage of Inbound Site-Generated Traffic North (Y%) = Percentage of Outbound Site-Generated Traffic EXHIBIT A7 NotTo Scale Trip Distribution and Traffic Assignment: Dollar Tree t r e u n o a C L e o l r r o a d C o E t e m t e n m e r o o t MSC 0000 (0)0000 (0)(0)(0)4 (9)(0)(0)0 (0)(0)(0)0 (0) 0 (0)4 (9)4 (9) Ryan Road 0 (0)0 (0)0 (0) 5 (9)0005 (9)5 (9) 0 (0)(0)(0)(0) LEGEND: X (Y) X = Weekday AM Peak Hour Turning Movements North Y = Weekday PM Peak Hour Turning Movements Volumes may not sum from point to point due to rounding EXHIBIT A8 and presence of smaller driveways not included in analysis. NotTo Scale Site-Generated Traffic Volumes: Dollar Tree Page 5 Appendix - Synchro Outputs for Analysis Scenarios kimley-horn.com 13455 Noel Road, Two Galleria Tower, Suite 700, Dallas, TX 75240 972-770-1300 Page 2 Existing AM Synchro 10 Report 3: Ryan & Commodore ------------ 02 B 20209222 -None-514-0.104-12.8--0.3 00002 B 29299232 SB 12.8 Minor2 ---291-372-6.426.22-5.42-5.42-3.5183.318-426748-759-697--423748-423-753-697----- 440240663291 92 -None-100-------------------- 00020 92 WB Major2 --------------- 000200 A 92 7.9 EBLEBTWBTWBRSBLn1 1266 0.008 -None---------- 9324268932426802 9210352291 EB 1.1 100295 EBLEBTWBTWBRSBLSBR 4.12 FreeFreeFreeFreeStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1266 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1266Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.2HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Existing AMJMH Page 1 Existing AM Synchro 10 Report 1: Ryan & Monte Carlo ------------ 55025 B 92 -None-470-0.051-13.1--0.2 00002 B 17179218 SB 13.1 Minor2 ----312-349-6.426.22-5.42-5.42-3.5183.318-427728-742-714--426728-426-740-714----- 330230661312 92 -None------------------- 000200 A 92 WB Major2 --------------- 000200 A 92 7.9 EBLEBTWBTWBRSBLn1 1247 0.003 -None----------- 33162853316285023343310 92 EB 0.5 313 EBLEBTWBTWBRSBLSBR 4.12 FreeFreeFreeFreeStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1247 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1247Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.1HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Existing AMJMH Page 2 Existing PM Synchro 10 Report 3: Ryan & Commodore ------------ 55025 B 92 -None-430-0.063-13.9--0.2 00002 B 20209222 SB 13.9 Minor2 ---353-363-6.426.22-5.42-5.42-3.5183.318-397691-711-704--393691-393-705-704----- 020716353 33339236 -None-100-------------------- 00020 92 WB Major2 --------------- 000200 A 92 8.1 EBLEBTWBTWBRSBLn1 1170 0.009 -None---------- 02 10314325103143259211341353 EB 0.6 100389 EBLEBTWBTWBRSBLSBR 4.12 FreeFreeFreeFreeStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1170 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1170Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.3HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Existing PMJMH Page 1 Existing PM Synchro 10 Report 1: Ryan & Monte Carlo ------------ 9902 B 9210 -None-560-0.025-11.6--0.1 44000024 B 92 SB 11.6 Minor2 ----351-366-6.426.22-5.42-5.42-3.5183.318-396692-713-702--392692-392-707-702----- 020717351 14149215 -None------------------- 000200 A 92 WB Major2 --------------- 0002080 A 92 EBLEBTWBTWBRSBLn1 1201 0.007 -None----------- 83203168320316029348343 92 EB 0.3 358 EBLEBTWBTWBRSBLSBR 4.12 FreeFreeFreeFreeStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1201 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1201Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.2HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Existing PMJMH Page 2 Buildout AM 2: Ryan & Street ESynchro 10 Report ------------ 02 B 12129213 -None-429-0.068-14--0.2 00002 B 1515921614 SB Minor2 ----364-481-6.426.22-5.42-5.42-3.5183.318-333681-703-622--331681-331-699-622----- 550250845364 92 -None------------------- 000200 A 92 WB Major2 --------------- 0002080 A 92 EBLEBTWBTWBRSBLn1 1193 0.004 -None----------- 44353324435332024473361 92 EB 0.5 366 EBLEBTWBTWBRSBLSBR 4.12 FreeFreeFreeFreeStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1193 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1193Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.1HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Buildout AMJMH Page 1 Buildout AM Synchro 10 Report 1: Ryan & Monte Carlo ------------ 02 17179218 -None- 0000020 92 ---- 02 C 40409243 SB 18.3 Minor2 ----379379-445436-6.125.52-6.125.52-643615-592580-273305-636608-557574 02 C 29299232 -None--333-0.186-18.3--0.7 0000020 92 ------- 020 A C 37379240 NB 16.9 Minor1 ----429429-388385-7.126.526.227.126.526.22-6.125.52-6.125.52-3.5184.0183.3183.5184.0183.318-295312642292312687-604584-636611--282305642273305687-282305-597578-611604 0208178144098248153570 A 11119212 -None----------------1143-0.01-8.2-- 00020 92 ---------------- 020 A 10323103239211351 0.2 WB Major2 ------4.12---2.218-1143----1143--- 02041680 A 13139214 -None--------------- 00020 C 92 0.7 3741196 16.9 0.1920.008 NBLn1EBLEBTEBRWBLWBTWBRSBLn1 ------------ 9370937002 9210402 EB 2.7 363 EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR 4.12 FreeFreeFreeFreeFreeFreeStopStopStopStopStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1196 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1196Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.2HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Buildout AMJMH Page 3 Buildout AM Synchro 10 Report 3: Ryan & Commodore ------------ 02 B 20209222 -None-421-0.127-14.8--0.4 00002 B 29299232 SB 14.8 Minor2 ---345-499-6.426.22-5.42-5.42-3.5183.318-334698-717-610--331698-331-711-610----- 440240844345 92 -None-100-------------------- 00020 92 WB Major2 --------------- 0002080 A 92 EBLEBTWBTWBRSBLn1 1210 0.008 -None---------- 19441317944131702 9210479345 EB 100349 EBLEBTWBTWBRSBLSBR 4.12 FreeFreeFreeFreeStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1210 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1210Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.2HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Buildout AMJMH Page 2 Buildout PM 2: Ryan & Street ESynchro 10 Report ------------ 88029 C 92 -None-360-0.054-15.6--0.2 00002 C 10109211 SB 15.6 Minor2 ----497-468-6.426.22-5.42-5.42-3.5183.318-283573-611-630--278573-278-599-630----- 020965497 17179218 -None------------------- 000200 A 92 WB Major2 --------------- 000200 A 92 8.4 EBLEBTWBTWBRSBLn1 1059 0.014 -None----------- 02 14403449144034499215438488 EB 0.5 506 EBLEBTWBTWBRSBLSBR 4.12 FreeFreeFreeFreeStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1059 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1059Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.3HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Buildout PMJMH Page 1 Buildout PM Synchro 10 Report 1: Ryan & Monte Carlo ------------ 02 17179218 -None- 0000020 92 ---- 02 C 19199221 SB 19.3 Minor2 ----510510-505517-6.125.52-6.125.52-546538-549534-197216-526515-511514 02 C 19199221 -None--290-0.135-19.3--0.5 0000020 92 ------- 020 A C 24249226 NB 20.2 Minor1 ----495495-519531-7.126.526.227.126.526.22-6.125.52-6.125.52-3.5184.0183.3183.5184.0183.318-217235621217234617-556546-540526--198217621197216617-198217-535526-501503 0201014102643510151027440 A 40409243 -None----------------1104-0.032-8.4--0.1 00020 92 ---------------- 020 A 32385323859235418 0.6 WB Major2 ------4.12---2.218-1104----1104--- 020457 A 41419245 -None--------------- 00020 C 92 0.60.1 2831100 20.28.4 0.1650.028 NBLn1EBLEBTEBRWBLWBTWBRSBLn1 ------------ 02 28379283799230412 EB 2.1 461 EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR 4.12 FreeFreeFreeFreeFreeFreeStopStopStopStopStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1100 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1100Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.5HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Buildout PMJMH Page 3 Buildout PM Synchro 10 Report 3: Ryan & Commodore ------------ 55025 C 92 -None-313-0.087-17.6--0.3 00002 C 20209222 SB 17.6 Minor2 ---502-461-6.426.22-5.42-5.42-3.5183.318-284569-608-635--281569-281-601-635----- 020963502 33339236 -None-100-------------------- 00020 92 WB Major2 --------------- 000200 A 92 8.5 EBLEBTWBTWBRSBLn1 1030 0.011 -None---------- 02 10404462104044629211439502 EB 0.6 100538 EBLEBTWBTWBRSBLSBR 4.12 FreeFreeFreeFreeStopStop 2.218 Major1 Ryan Road Corridor StudyHCM 6th TWSC IntersectionInt Delay, s/vehMovementLane ConfigurationsTraffic Vol, veh/hFuture Vol, veh/hConflicting Peds, #/hrSign ControlRT ChannelizedStorage LengthVeh in Median Storage, #-Grade, %Peak Hour FactorHeavy Vehicles, %Mvmt FlowMajor/MinorConflicting Flow All Stage 1 Stage 2Critical HdwyCritical Hdwy Stg 1Critical Hdwy Stg 2Follow-up HdwyPot Cap-1 Maneuver1030 Stage 1 Stage 2Platoon blocked, %Mov Cap-1 Maneuver1030Mov Cap-2 Maneuver Stage 1 Stage 2ApproachHCM Control Delay, s0.2HCM LOSMinor Lane/Major MvmtCapacity (veh/h)HCM Lane V/C RatioHCM Control Delay (s)HCM Lane LOSHCM 95th %tile Q(veh)Ryan Road Corridor Study 10/31/2019 Buildout PMJMH Ryan Way Neighborhood Meeting City of Denton Project No. Z19-0010 Date: September 26, 2019 Time: 6:00-7:15 Type of Meeting: Neighborhood Meeting Meeting Location: Denton Civic Center, Meeting Room 2 Section A, located at 321 East McKinney Street, Denton, TX. 76201 Invitees: All property owners located within 500-feet of the subject tract. Applicant Representatives: 1.Tracie-Shannon Kilmer, Kimley-Horn, Main Presenter 2.Thomas Fletcher, Kimley-Horn 3.Jim Strange, Marker Stone Realty Partners III, LLC City Representatives: 1.Hayley Zagurski, Development Services 2.John Ryan, City Councilman Meeting Agenda: A sign-in sheet was provided (attached) to document attendance. There were twenty- one names on the sign-in sheet including couples who provided both names. Some of the items covered included the following: Existing Zoning of surrounding properties, NRMU-12, NR-6, NR-4, NR-3 and NR-2. Proposed Zoning of NR-4 and NR-6 with the NR-4 buffering Ridgemont and the properties to the west and north. There was discussion about allowable uses within NR-6 and the neighbors were informed that the zoning would be limited to Single-Family Detached. The neighbors were informed that the existing gas well and compressor had been capped and removed. The neighbors were informed that the development would meet the City’s tree code and that the perimeter trees would be a priority for preservation. The residents voiced concerns including the following: There were questions/concerns about the allowable uses within NR-6 and why we were showing a large portion of the tract as NR-6. We let them know that we were conditioning the zoning for Detached Single-Family homes and that duplex, townhomes, etc. would not be allowed. The NR-6 was being proposed as a transitional zoning district. There were concerns about drainage. Several of the residents of Ridgemont Addition that abut this property have a significant amount of surface runoff through their property. We explained that development would intercept the majority of the water within the streets where it would enter the storm sewer system through inlets and be conveyed underground to our proposed detention pond. The water would be detained and then released into the existing system at the allowable release rate. This would improve the current drainage situation. There were questions/concerns about traffic. o We explained that previous development provided stub streets to be extended to serve this tract of land (Monte Carlo and Mizzen Lane) o We explained that this development would have its main access to Ryan Road. o We let them know that we will be preparing a Traffic Impact Analysis. o We also let them know that the Bond Election in November includes funding for the reconstruction of Ryan Road. One resident in particular was concerned about the traffic with the number of cars currently parking on the streets, pedestrian traffic, and what she expressed as a lack of space for emergency responders. I discussed the changes to the DDC that included increased right-of- way and pavement widths. There were questions about whether the perimeter trees would be preserved to maintain the natural buffer. We let them know that it was our intent to preserve as many of the perimeter trees as possible and that the project would meet the DDC. Attachments: The following is included as an attachment to this summary: 1.Neighborhood Meeting Mailer 2.Neighborhood Meeting Sign-In Sheet Additional Meetings: It is anticipated that a second meeting will be held. Neighborhood Meeting Invitation: Please join us onThursday, September 26, 2019, any time between 6:00pm and 7:15pm, to discuss a zoning change request for a new single-family development adjacent to Teasley Trails and Ridgemont Addition. The subject of the Neighborhood Meeting is to present a Zoning Change Request from NR-2 toa mix of NR-4 and NR-6 for the properties shown on the attached Exhibit. Meeting format: 6:00 – 6:30: Introduction to the Request 6:30 – 7:00: Question and Answer/Public Feedback 7:15: Conclude Neighborhood Meeting The 34-acre proposed development is currently zoned NR-2 and made up of several tracts of landlocated between Teasley Trails and Ridgemont Addition.The primary access to the proposed development will be from a new street connection to Ryan Road with secondary access connectionsto Monte Carlo and Mizzen Lane. The Developer, Marker Stone Realty Partners III, LLC., has the properties under contract to develop them into a single-family residential subdivisionconsistent with the Teasley Trails and Ridgemont Addition subdivisions. The Landowners, Ken Newman Properties, LLC and Aerie Castle Investments, LLC,are cooperating with the Developer to rezone the tracts. The proposed project will consist of NR-4 zoning adjacent to the existing developments to the west, south, and north and NR-6 zoning in the central portion of the project and to the east. An exhibit is provided of the proposed zoning districts. Why are we hosting the Neighborhood Meeting? This meeting will allow the development teamto meet with surrounding property owners and share information on the proposedzoning change request, receive input, and address questions about the request. The proposed Neighborhood Meeting will be held at theDenton Civic Center, MeetingRoom 2 Section A, located at 321 East McKinney Street, Denton, TX. 76201. We look forward to exchanging thoughts, opinions, as well as answer our neighbor’s questions. We hope you can attend this brief, informal meeting. Ryan Way Neighborhood Meeting City of Denton Project No. Z19-0010 Date: October 23, 2019 Time: 6:00-7:15 Type of Meeting: Neighborhood Meeting Meeting Location: Denton Civic Center, Meeting Room 2 Section A, located at 321 East McKinney Street, Denton, TX. 76201 Invitees: All property owners located within 500-feet of the subject tract. Applicant Representatives: 1.Thomas Fletcher, Kimley-Horn 2.Jim Strange, Marker Stone Realty Partners III, LLC City Representatives: 1.Hayley Zagurski, Development Services 2.Brian Beck, City of Denton Planning & Zoning Commissioner Meeting Agenda: A sign-in sheet was provided (attached) to document attendance. There were fourteen names on the sign-in sheet including couples who provided both names. Some of the items covered included the following: Zoning proposal has been changed from NR-4 and NR-6 to Planned Development, PD. Two Concept Plans were shared that both showed a maximum of 154 lots. Concept Plans included buffers which were discussed in detail. It was reiterated that the development would meet the City’s tree code and that the perimeter trees would be a priority for preservation. We went over the proposed tree requirements for additional tree plantings per lot that is included in the proposed PD regulations. We discussed the Building Material regulations that the developer is willing to deed restrict or establish through CCR’s that is also included in the proposed PD language. We discussed connectivity to existing streets and the traffic distribution for the proposed development. It was discussed that the proposed PD would only allow for single-family detached and allowable accessory and temporary uses for R4. The neighbors were informed that the existing gas well and compressor had been capped and removed. The residents voiced concerns including the following: There was a resident concerned about connection to the Monte Carlo stub street in Ridgemont Addition. He is opposed of the development due to this connection. We explained that Monte Carlo was stubbed for future connection and development of this tract. There were concerns about drainage. Several of the residents of Ridgemont Addition that abut this property have a significant amount of surface runoff through their property. We explained that development would intercept the majority of the water within the streets where it would enter the storm sewer system through inlets and be conveyed underground to our proposed detention pond. The water would be detained and then released into the existing system at the allowable release rate. This would improve the current drainage situation. There were a few residents that indicated that they were appreciative of the measures that had been taken from the initial neighborhood meeting to this meeting. The following were some of the items mentioned: o Transition from straight zoning to Planned Development o Inclusion of buffers for tree preservation o Inclusion of additional tree planting requirements o Inclusion of building material regulations There were additional questions/concerns about traffic. o We explained that previous development provided stub streets to be extended to serve this tract of land (Monte Carlo and Mizzen Lane) o We explained that this development would have its main access to Ryan Road. o We let them know that we will be preparing a Traffic Impact Analysis. o We also let them know that the Bond Election in November includes funding for the reconstruction of Ryan Road. Attachments: The following is included as an attachment to this summary: 1.Neighborhood Meeting Mailer 2.Neighborhood Meeting Sign-In Sheet Additional Meetings: It is anticipated that no additional meetings will be held prior to the Public Hearings. Ryan Way - Neighborhood Meeting Invitation for Proposed Zoning Change: Please join us onWednesday, October 23, 2019, from 6:00pm and 7:15pm, to discuss a zoning change request for a new single-family development adjacent to Teasley Trails and Ridgemont Addition. This is the second Neighborhood Meeting to be held for this development. The developer and development team would like the opportunity to present the revisions made to the proposed zoning change based on comments received at the previous neighborhood meeting and after further discussion with City Staff. It has been determined that a more appropriate zoning classification for this project would be Planned Development, PD. The purpose of the Neighborhood Meeting is to present the proposed design regulations that are being proposed in the Planned Development and receive additional resident feedback. Meeting format: 6:00 – 6:30: Introduction to the Request 6:30 – 7:00: Question and Answer/Public Feedback 7:15: Conclude Neighborhood Meeting The 34-acre proposed development is currently zoned NR-2 and made up of several tracts of land located between Teasley Trails and Ridgemont Addition. The primary access to the proposed development will be from a new street connection to Ryan Road with secondary access connections to Monte Carlo and Mizzen Lane. The Developer, Marker Stone Realty Partners III, LLC., has the properties under contract to develop a single-family residential subdivision consistent with the Teasley Trails and Ridgemont Addition subdivisions. The Landowners, Ken Newman Properties, LLC and Aerie Castle Investments, LLC, are cooperating with the Developer to rezone the tracts. The proposed project will consist of Planned Development, PD, zoning with single family lots consistent with Teasley Trails, open space, buffers, drainage improvements/detention, and tree preservation. Why are we hosting the Neighborhood Meeting? This meeting will allow the development team to meet with surrounding property owners and share information on the proposed zoning change request, receive input, and address questions about the request. The proposed Neighborhood Meeting will be held at theDenton Civic Center, Meeting Room 2 Section A, located at 321 East McKinney Street, Denton, TX. 76201. We look forward to exchanging thoughts, opinions, as well as answer our neighbor’s questions. We hope you can attend this brief, informal meeting. AVP Litigated Foreclosure o o o Hi Hayley, I am writing to ask that our opinion be counted regarding the proposed project PD19-0003 We are Opposed to this request. Comments: Our subdivision has been a cul-de-sac neighborhood for over 20 years and the proposed access changes will generate substantial through-traffic, damaging the qualities and potentially value of our homes. This steeply-downhill traffic brings new dangers to the children and families in our neighborhood. The proposed development already includes 3 access points in different cardinal directions making additional access through our neighborhood unnecessary. We also completely oppose the proposed zoning changes. Any additional development in this well established area should be done within the existing zoning requirements to minimize its negative impacts on the value of homes in these long-established communities. Thank you for considering our concerns and please record our opposition to the proposal. Sincerely, Angela and Anthony Clement 1417 Montevideo Court Denton TX 76210 Phone: (940) 394-0919 angie@itdudes.net address of property within 200 feet: 1417 Montevideo Court Denton TX 76210 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 2 (R-2) ON 34.31 ACRES AND RESIDENTIAL 3 (R3) ON 2.34 ACRES TO A PLANNED DEVELOPMENT (PD) DISTRICT ON A TOTAL OF APPROXIMATELY 36.66 ACRES OF LAND GENERALLY LOCATED NORTH OF RYAN ROAD, APPROXIMATELY 120 FEET EAST OF MONTE CARLO LANE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN ALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PD19-0003; Ryan Way) WHEREAS, Thomas Fletcher, of Kimley Horn Associates, applied for a zoning change on approximately 29.34 acres , attached hereto and Ken Newman on approximately 27.0 acres of land and from a R3 District on approximately 2.34 acres of land to a PD District zoning district and use classification; and WHEREAS, Thomas Fletcher, of Kimley Horn Associates, also applied for a zoning change on approximately 7.05 acres B, attached hereto and incorporated herein bAerie Castle to a PD District zoning district and use classification; and WHEREAS, on December 11, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval \[4-3\] of the amendment; and WHEREAS, on December 17, 2019, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards for a rezoning to PD set forth in Section 2.7.3 of the Denton Development Code, and is consistent with the Denton Plan 2030 and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from R2 District on 34.31 acres of land and R3 District on 2.34 acres of land to PD District. The Development Standards for the PD are C,ched hereto and incorporated herein by reference, and the PD Development Plan Map is depicted , and incorporated herein by reference. Development of the Ken Newman Property and Aerie Castle Property shall be in accordance witDevelopment Plan Map . SECTION 3. hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ Page 2 of 3 EXHIBIT A Legal Description for Ken Newman Properties, LLC -Tracts 29.345 Acres BEING all that certain lot, tract, or parcel of land situated in the C. Poullalier Survey Abstract Number 1006 in the City of Denton, Denton County, Texas, being all of Lot 16, Block D of Teasley Trails Phase 1B, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2016-2092, Plat Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from Bobby Joe White to Ken Newman Properties, LLC recorded under Document Number 2007-96518, Real Property Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from Daniel Lee Davis and Patsy Davis to Ken Newman Properties, LLC recorded under Document Number 2007-96513, Real Property Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from Jimmie Frank White and Shirley Ann White to Ken Newman Properties, LLC recorded under Document Number 2007-96516, Real Property Records, Denton County, Texas, and being all that certain tract of land conveyed by deed from Thomas Earl Trueblood, Jr. and Mecca Trueblood to Ken Newman Properties, LLC recorded under Document Number 2007-96517, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNINGat an iron rod found for corner in the west line of Lot 2X HOA, Block A of Teasley Trails Phase IV, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2017-96, Plat Records, Denton County, Texas, said point being the northeast corner of Lot 1, Block A of Lightbringer Estates, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2015-33, Plat Records, Denton County, Texas; THENCES 89° found for corner; THENCES 89°e north line of Blocks C and A of Ridgemont Addition Phase Two, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet P, Page 157, Plat Records, Denton County, Texas and with the north line of Block A ofRidgemont Addition, Phase 1, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet O, Page 196, Plat Records, Denton County, Texas to a capped iron rod marked RPLS 4561 set for corner in the east line of Lot 27, Block A of Montecito Del Sur, Section 2, Phases I and II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet F, Page 226, Plat Records, Denton County, Texas; THENCE N 00°0 feet with said east line of said Montecito Del Sur, Section 2, Phases I and II to a capped iron rod marked RPLS 4561 set for corner; THENCE N 00° Phases I and II, and withthe east line of line of that certain tract of land conveyed by deed from William M. Johnson to James Ken Newman recorded in Volume 1266, Page 118, Real Property Records, Denton County, Texas to an iron rod found for corner; THENCE N 00°04 feet with said east line of said James Ken Newman tract and with the east line of Lot One, Block One of Whittle Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet C, Page 61, Plat Records, Denton County, Texas to a capped iron rood marked RPLS 4561 set for corner, said point being the southwest corner of Lot 24X HOA, Block D of Teasley Trails Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2017-352, Plat Records, Denton County, Texas; THENCE N 89° marked KHA found for corner, said point being the northwest corner of Lot 23, Block D of Teasley Trails Phase 1B, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2016-2092, Plat Records, Denton County, Texas; THENCE S 00°Block D to a capped iron rod marked RPLS 4561 set for corner, said point being the southwest corner of Lot 1X HOA in said Block D; THENCE S 89° marked RPLS 4561 set for corner in the west line of Lot 15X Common Area in Block D of Teasley Trails Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded under Document Number 2016-176, Plat Records, Denton County, Texas; THENCE S00° iron rod marked RPLS 4561 set for corner, said point being the southwest corner of said Lot 15X Common Area; THENCE S 89°said Lot 15X Common Area and with the south line of Lot 10X HOA Common Area, Block I of Teasley Trails Phase 1B, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2016-2092, Plat Records, Denton County, Texas to a capped iron rod marked RPLS 4561 set for corner, said point being the northwest corner of Lot 11X HOA, Block G of Teasley Trails Phase IV, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 2017-96, Plat Records, Denton County, Texas; THENCE S 00° for corner; THENCES 00° said Lot 2X HOA to the PLACE OF BEGINNINGand containing 29.345 acres of land. EXHIBIT B Legal Description for Aerie Castle Investments, LLC -Tract 7.052 Acres BEING all that certain lot, tract, or parcel of land situated in the J. Lewis Survey Abstract Number 1572 and the S. Scott Survey Abstract Number 1186 ann in the W. Speer Survey Abstract Number 1197 in Denton County, Texas, being all of Lot 49, Block C of Ponderosa Valley Phase III, an addition to Denton County, Texas, according to the plat thereof recorded in Cabinet Q, Page 268, Plat Records, Denton County, Texas, and being a part of that certain tract of land conveyed by deed from Aristocrat Fund XXIV, L. P. to Ponderosa Ranch Properties No. 2 L. P. recorded in Volume 4972, Page 96, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNINGat an iron rod found for corner in the west line of Adam Court, a public roadway, said point being the southeast corner of Lot 48 in said Block C of said Ponderosa Valley Phase III; THENCEalong the arc of a curve to the left having a central angle of 47° feet, an arc length of 49.83 feet, whose chord bears S 06° of said Adam Court to an iron rod found for corner, said point being the most northerly corner of Lot 50 in said Block C of said Ponderosa Valley Phase III; THENCE S 72°northwest line of said Lot 50 to an iron rod found for corner, said point being the northwest corner of that certain tract of land conveyed by deed from Ponderosa ranch Properties No. 2, L. P. to Roderick H. Person and wife, Suzanne M. Person recorded in Volume 5303, Page 6369, Real Property Records, Denton County, Texas; THENCE S 35° feet with the west line of said Person tract to a point in a creek and in the north line of Lot 7, Block A of Ponderosa ranch, an addition to Denton County, Texas according to the plat thereof recorded in Cabinet U, Page 226, Plat Records, Denton County, Texas; THENCE N 61°said Ponderosa ranch to a point for corner in said creek; THENCE N 75° ranch to a point for corner in said creek, said point being in the north line of Lot 6 in said Block Aof said Ponderosa Ranch; THENCE N 18° ranch to a point for corner in said creek, said point being the southeast corner of that certain tract of land conveyed by deed from Ponderosa ranch Properties No. 2, L. P. to Craig M. Schwarz and Tamera Renee Schwarz recorded under Document Number 2006-101552, Real Property Records, Denton County, Texas; THENCE N 45° feet with the east line of said Schwarz tract to an iron rod found for corner; THENCE N 53° for corner, said point being the most southerly corner of Lot 40 in said Ponderosa Valley Phase III; THENCE N 52° line of Lot 41 in said Block C to an iron rod found for corner, said point being the most westerly corner of said Lot 48 in said Block C of said Ponderosavalley Phase III; THENCES 59°PLACE OF BEGINNINGand containing 7.052 acres of land. EXHIBITC Development Standards for PD19-0003 RYAN WAY Planned Development(PD) District For36.397Acres City of Denton, Denton County, Texas SECTION 1:Purpose. The regulations set forth in this section of the development standardsare for the Planned Development (PD) District. This Planned Development (PD) District provides for development standards for the above referenced tract which is comprised of the Ken Newman Properties, LLC tracts that total 29.345-acres and is provided below as Exhibit A and the Aerie Castle Investments, LLC tract that totals 7.052-acres andis provided below as Exhibit B. The regulations for the R4-Residential Districtand all other provisions of the City of Denton Development Code effective date 10/1/2019,shall apply except as modified herein. The proposed subdivisionlayout is shown onthe Development Plan Mapsheets provided as Exhibit C. SECTION 2:Use Regulations. Allowable uses shall be per the Denton Development Code, Subchapter 5: Use Regulations for R4 except as modified herein. The followingare allowable uses within this Planned Development: 1.Single-Family Detached Dwelling; 2.Accessory Uses allowed within R4; 3.Temporary Uses allowed within R4. All other uses shall be prohibited within this Planned Development. SECTION 3:Maximum Density. The maximum number of Single-Family Detached Dwellings shall be one-hundred fifty-four (154) for a not count against the Maximum Density. SECTION 4:Dimensional Standards: If not specifically stipulated below, Dimensional Standards shall follow the R4 Zoning District as stated in DDC Section 3.2.5. RegulationCriteria 1.Minimum Lot Area (*) -5,000 sq. ft. 2.Typical Lot Area (*) -5,750 sq. ft. 3.Minimum Lot Width (**) -50feet 4.Minimum Lot Depth -100 feet 5.Minimum Front Yard Setback -20 feet 6.Minimum Garage Setback (Front Entry) (***) -20 feet 7.Side Yard Setback (Interior Lot) -5 feet 8.Side Yard Setback (Corner Lot/Adjacent to ROW) -10 feet 9.Rear Yard Setback -15 feet 10.Maximum Height -40 feet 11.Maximum Building Coverage -60 percent *Up to ten (10) lots within the development can be between 5,000 sq. ft. and 5,749 sq. ft., all other lots shall be 5,750 sq. ft. or greater. **Minimum Lot Width is measured along the front yard setback for all lots. ***The garage shall be offset a minimum of twelve (12) inches from the building. SECTION 5:Tree Preservation and Landscape Standards. Based on the regulations of the Texas Local Government Code and the submittal of General Development Plan, GDP19-0002, the project is vested to the requirements of the 2002 Denton Development Code for Tree Preservation. Per Exhibit C, buffers have been provided adjacent to the existing residential neighborhoods. The intent of these buffers is to provide tree preservation on the perimeter to minimize the impact to the existing residents adjacent to this Project. Tree preservation is also provided adjacentto a tree preservation area that was established as part of the Teasley Trails development to provide continuity in habitat areas. In addition to the landscaping requirements of the 2019 DDC, the following regulations shall apply: RegulationCriteria 1.Street Tree Residential Lot (*)One (1) per residential lot 2.Street Tree HOA LotOne (1) per 30 linear feet 3.Front Yard Tree (*) -One (1) 4.Rear Yard Tree (*) -One (1) 5.Corner Lot Side Yard Trees (*) -Two (2) *The Developer shall provide the required street trees located within the HOA lots per the regulations above. The Homebuilder will provide the required street tree residential lot, front, rear, and corner lot side yard trees per the regulations above. All trees shall be three (3) caliper inches in size measured twelve (12) inches above ground level. In addition to street trees provided in the HOA open space lots, the developer will provide trees around any detention facility at one (1) tree per sixty (60) linear feet. Detentionponds shall be grassed and irrigated. The Developer will also be providing landscaping at the entry to the subdivision off Ryan Road that will include ornamental trees, shrubs, and flowers. There will be no minimum standard for these enhancements, but it is the intent of the Developer to enhance the entry to create a sense of community and arrival to the Project. Proposed tree plantings shall count toward mitigation if it is determined that mitigation is required. SECTION 6:Building Design Regulations. Building Design shall be per the Denton Development Code, Subchapter 7: Development Standards except as modified herein. 1.The garage shall be offset a minimum of twelve (12) inches from the building. SECTION 7: Amenities The following community amenities are being provided for this Project: 1.Open space and tree preservation The proposed plan will providea minimum of fifteen percent (15%) open space. The open space will be provided for tree preservation, buffer of existing neighborhoods, detention, and general open space for the community. 2.AdditionalYard Trees The additional tree requirements placed on each residential lot will provide an overall amenity to the Project, its residents and the environment. 3.Benches The developer is proposing to construct paved areas adjacent to the open spaces where benches can be constructed for rest and relaxation. SECTION 8:Development Schedule. The proposed Planned Development,Ryan Way,is to be developed ina single phase as shown on the Development Plan Map.It is anticipated that preliminary plat, construction plans, and final plat approval will take approximately ten (10) months. Construction for the proposed improvements is anticipated to take approximately sixteen (16) months. Home construction is anticipated to take approximately eighteen (18) months. Based on this schedule, the development would be completely built out around forty-four (44) months from zoning approval. 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: December 17, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton approving a Specific Use Permit to allow an electric substation on approximately 3.27 acres of land generally located at on the north side of Blagg Road, approximately 430 feet east of the intersection of Blagg Road and Geesling Road, providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0). (S19-0011, Blagg Road Substation, Cindy Jackson) BACKGROUND The applicant, Brian Satagaj representing Oncor Electric Delivery Company LLC (property owner), is requesting approval of a Specific Use Permit (SUP) to permit an Electric Substation. The applicant is proposing to develop an Oncor electric substation on the site. A concept plan (Exhibit 8) illustrates how the site could be developed. Section 5.3.7A of the Denton Development Code (DDC) provides the use specific standards for electric substations which require the site to comply with the standards in Section 7.13.7, Electric Substation, Interchange, and Switch Station Design. These standards provide specific requirements including screening, landscaping and buffering, and access intended to minimize the impact of this type of use on surrounding properties. An associated application, Z19-0009, is this SUP request. A full Staff Analysis is provided in Exhibit 2. PLANNING AND ZONING COMMISSION Three residents spoke at the public hearing in opposition to the proposal. They cited concerns related to noise, traffic, drainage, and health. The applicant addressed most of these concerns during the public hearing. Specifically, with recent new technology the substation will not make any noise or vibrations; employees only visit substations once or twice a month for security checks or maintenance, thus reducing the adverse impacts on the street system; drainage concerns will be addressed during the platting phase of development. Concerns regarding adverse health issues which may be caused by electric substations were narrowed to one substation, the Texas Municipal Power Substation that is located on the west site of the site. When operating, that substation caused excessive vibrations and noise which affected the surrounding residences. The Texas Municipal Power Substation has been de-energized and is no longer in operation. . OPTIONS 1.Approve. 2. Approval Subject to Conditions. 3. Deny. 4. Postpone Item. RECOMMENDATION The Planning and Zoning Commission recommended approval (6-0). Staff recommends approval of the request as it complies with the criteria in Section 2.5.3D of the Denton Development Code (DDC) for approval of a zoning change, and is consistent with the overall goals and objectives of the Denton Plan 2030. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request Action January 21, 1986 City Council Annexation Approval February 2, 2002 City Council New Zoning Code and Approval City-wide rezoning to NR-6 April 17, 2013 City Council Annexation Approval April 23, 2019 City Council New Zoning Code and Approval City-wide zoning district transition to R-6 and RR, effective on October 1, 2019 November 6, 2019 Planning and Zoning Commission Rezone site to MN. Recommended Approval November 6, 2019 Planning and Zoning Commission SUP for electric Recommended Substation Approval PUBLIC OUTREACH: Seven notices were sent to property owners within 200 feet of the subject property. Five courtesy notices were sent to physical addresses within 500 feet of the subject property. As of the writing of this report, staff has received six responses in opposition to this request. One response was from a property owner located in the Extraterritorial Jurisdiction (ETJ). The remaining five responses represent 17.77% of the land located within the 200-foot boundary. Several of the remaining five responses are from different residents residing at the same address. Three of the property owners who sent in written responses to the mailed notice also spoke during the public hearing, including one property owner located in the ETJ. A notice was published in the Denton Record Chronicle on October 20, 2019. One sign was posted on the property on October 26, 2019. The applicant did not hold a neighborhood meeting. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1.Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Future Land Use Map 6. LLC Members List 7. Notification Map and Responses 8. Concept Plan 9. Landscape Plan 10. Planning and Zoning Commission Meeting Minutes 11. Staff Presentation 12. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Associate Planner Planning Staff Analysis S19-0011/Blagg Street Substation City Council District #2 REQUEST: Request for approval of a Specific Use Permit (SUP) to permit an Electric Substation. SITE DATA: The site is comprised of 3.27 acres with approximately 390 feet of frontage along Blagg Road and is undeveloped. There is an existing electric transmission line which crosses the site diagonally from southwest to northeast, and overhead electric distribution lines that cross the front of the property along Blagg Road. Blagg Road is designated as a two lane Collector Street with a right-of-way width of 65 feet. SURROUNDING ZONING AND USES: Northwest: North: Northeast: Zoning : RR and PF Zoning Zoning : RR, PF, and R6 Zoning : R6 districts Zoning districts Use: Undeveloped property Use: Electric Substation Use: Electric Substation and undeveloped property West: East: Zoning : RR and PF Zoning Zoning : R6 districts SUBJECT PROPERTY Use: Undeveloped property Use: Decommissioned Electric Substation Southwest: South: Southeast: Zoning : RR Zoning : RR Zoning : ETJ Use: Single Family Use: Single Family Use: Blagg Road and Residential and Agricultural Residential and Agricultural Agricultural Uses CONSIDERATIONS: A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications. 1. General Criteria a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. The review criteria was applied as required. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in sections Error! Reference source not found.2.5 through 2.9. Section 2.5.2.D of the DDC contains criteria for approval of a SUP and applies to this request. An analysis per those criteria can be found below in Consideration B. c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls. There are no conflicts between the general criteria and the criteria specific for SUPs. 2. Prior Approvals There are no prior approvals for this project. 3. Consistent with the Comprehensive Plan and Other Applicable Plans The decisionmaking authority: a. Shall weigh competing goals, policies, and strategies. There are no competing goals, policies, or strategies with this proposal. b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan. This zoning request complies with the future land use designation of Moderate Density Residential. The MN zoning district is an appropriate zoning designation for this site per the analysis in the associated request Z19-0009. The proposed electric substation is a permitted use in the MN zoning district upon approval of a SUP. 4. Compliance with this DDC The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. This request complies with all applicable standards for development in the DDC. Compliance with these standards is applied at the level of detail required for the subject submittal. This request was reviewed for compliance with all applicable development standards including those specific to electric substations in Section 5.3.7A and Section 7.13.7 of the DDC. 5. Compliance with Other Applicable Regulations This proposed SUP complies with all other applicable regulations. There are no Environmentally Sensitive Areas on the site and there is no FEMA floodplain on the site. The site will comply with all City of Denton drainage requirements. 6. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 7. Minimizes Adverse Environmental Impacts It will not have any adverse environmental impacts as noted above. 8. Minimizes Adverse Impacts on surrounding Property The site must comply with the requirements all landscaping, screening and buffering requirements of the DDC, including those specific to electrical substations in Sections 5.7.3A and 7.13.7. 9. Minimizes Adverse Fiscal Impacts This proposed electrical substation should not create adverse fiscal impacts. Compliance with Utility, Service, and Improvement Standards The proposed electrical substation will not utilize water or wastewater utilities. Dedication of right-of-way will be required when the site is platted. Provides Adequate Road Systems The proposed development will have to comply with all applicable standards to ensure adequate roads are available when the site is platted. Provides Adequate Public Services and Facilities The substationwill not utilize water or wastewater utilities. As such, it will not have an impact on public services and facilities 13. Rational Phasing Plan The proposed electrical substation does not require a phasing plan. B. Section 2.5.2.D of the DDC states that an application for a SUP may be approved based on whether: a. The specific use proposed is compatible with the surrounding area. The applicant is requesting approval to develop an electric substation. There are existing electric substations located adjacent to the site to the north, and northwest of the subject site. A decommissioned electric substation is located to the west of the subject site. There are ranches and agricultural uses located to the south of the site, across Blagg Road. This site is compatible with the surrounding area given that there are already electric substations in the immediate area. b. The specific use proposed has minimal impacts on future development in the area. The property to the northeast and east of the site is undeveloped and is expected to develop as a single family residential subdivision. Per the approved preliminary plat for the residential subdivision (PP19-0004), the land located adjacent to the subject site is designated as an HOA open space lot. As noted above, Section 7.13.7, Electric Substation, Interchange, and Switch Station Design, a 20-foot clearance zone is required around substations, with an additional 20-foot landscape buffer. This site should not impact the proposed adjacent residential subdivision. There are existing electric substations located to the west and north of the subject site. c. The specific use proposed meets all other standards of the DDC and all other applicable city codes. The proposed electric transformer meets all applicable requirements in the DDC and other city codes. d. Any impacts associated with access, traffic, emergency services, utilities, parking, refuse area, noise, glare and odor have been adequately mitigated. The proposed electric substation will have very little impact on the infrastructure in the area. Employees will visit the site a few times per month to perform maintenance and/or security checks, so impacts on city streets will be minimal. The site does not require water, waste water, or solid waste services. There is no odor, vibration, or noise associated with the proposed use. e. The use is in conformance with the Comprehensive Plan and any other adopted plans. The subject site has a future land use designation of Moderate Density Residential. The Moderate Density Residential designation is intended for residential neighborhoods with a density between four to twelve dwelling units per acre, and comprised of a variety of housing styles, types and prices. This land use applies to transition areas between established single-family neighborhoods and mixed-use or commercial areas that can accommodate greater density, or adjacent to key corridors. Open spaces, walkability and urban agriculture are all encouraged in these areas. This site is located between the U.S. 380/ E. University Drive Corridor to the north and the large lot, rural/agricultural sites located to the south, across Blagg Road. As noted in the description of the Moderate Density Residential Land Use, this area serves as a transition area between the Rural Residential area to the south and the U.S. 380 corridor to the north. f. The use adversely impacts the health, safety, and welfare of the inhabitants of the area and the City of Denton. The use will not adversely affect the health, safety, and welfare of the inhabitants of the area and the City of Denton. It will in fact enhance the life of the inhabitants of the area and the City by ensuring there is adequate electric service to property owners and residents. STAFF RECOMMENDATION: Staff recommends approval of the request as it complies with the criteria in Section 2.5.2.D of the Denton Development Code (DDC) for approval of a Specific Use Permit, and is consistent with the overall goals and objectives of the Denton Plan 2030. LocatedinETJ Exhibit10 PlanningandZoningCommissionMeetingMinutes ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON APPROVING A SPECIFIC USE PERMIT TO ALLOW AN ELECTRIC SUBSTATION ON APPROXIMATELY 3.27 ACRES OF LAND GENERALLY LOCATED AT ON THE NORTH SIDE OF BLAGG ROAD, APPROXIMATELY 430 FEET EAST OF THE INTERSECTION OF BLAGG ROAD AND GEESLING ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING CIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S19- 0011) WHEREAS, Brian Satagaj, representing Oncor Electric Delivery Company LLC., applied for a Specific Use Permit (SUP) to allow an electric substation on approximately 3.27 acres of land within the Mixed Use Neighborhood (MN) zoning district and use classification (the legally described in Exhibit A, and WHEREAS, on November 6, 2019, the Planning and Zoning Commission, in compliance withthe laws of the State of Texas, gave the requisite notices by publication and otherwise, and afforded full and fair hearings to all property owners and citizens interested in this regard, recommended approval (6-0) of the requested SUP, subject to the site plan and landscape plan attached and incorporated hereto; and WHEREAS, on December 17, 2019, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.5.2.D of the Denton Development Code, and is consistent with the 2030 Denton Plan and the Denton Development Code; and WHEREAS, the City Council of the City of Denton has determined that it will be beneficial to Denton and its citizens to grant the SUP; that such grant will not be detrimental to the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton, and that the SUP should be granted as set forth herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The SUP to allow the electric substation on the Property, is hereby approved, subject to the site plan in Exhibit B and landscape plan in Exhibit C. SECTION 3. Except as otherwise stated above, all terms of the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance will result in the SUP being declared null and void, and of no force and effect. The SUP is issued to the entity named above, runs with the land, and is assignable and transferable to subsequent owners of the Property. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the remaining provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this limited purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this, the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR Page 2 of 3 CExhibit CExhibit 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: December 17, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton approving a change in the zoning district and use classification from Rural Residential (RR) zoning district to Mixed Use Neighborhood (MN) zoning district on 2.430 net acres of land and from Residential 6 (R6) to Mixed Use Neighborhood (MN) zoning district and use classification on 0.838 net acres of land, totaling 3.40 gross acres, generally located on the north side of Blagg Road, approximately 430 feet east of the intersection of Blagg Road and Geesling Road, in the City of Denton, Denton county, Texas; adopting an amendment to cial zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0). (Z19-0009, Blagg Road Substation, Cindy Jackson) BACKGROUND The applicant, Brian Satagaj representing Oncor Electric Delivery Company LLC (property owner), is requesting to rezone 3.27 acres to Mixed Use Neighborhood (MN). This includes a request to rezone approximately 2.430 acres from Rural Residential (RR) to Mixed Use Neighborhood (MN), and a request to rezone approximately 0.838 acres from Residential 6 (R6) to Mixed Use Neighborhood (MN). The 0.838 portion of the subject site was annexed into the City on January 21, 1986 and given a holding zoning designation of Agriculture (A). The site was assigned a zoning designation of Neighborhood Residential 6 (NR-6) in 2002 during the city-wide rezoning. Per the Zoning District Transition Chart, the on transitioned from RD-5X to RR, effective October 1, 2019. The 2.430-acre portion of the site was annexed into the city on April 17, 2013 and was given a holding zoning designation of RD- 5X. On April 23, 2019, the Zoning District Transition Chart was approved with the 2019 Denton Development Code, and all property zoned RD-5X to RR, effective October 1, 2019. The applicant is proposing to develop an Oncor electrical substation on the site which requires a Specific Use Permit (SUP). Section 5.3.7A of the Denton Development Code (DDC) provides the use specific standards for electrical substations which require the site to comply with the standards in Section 7.13.7, Electric Substation, Interchange, and Switch Station Design. These standards provide specific requirements including screening, landscaping and buffering, and access intended to minimize the impact of this type of use on surrounding properties. An associated SUP application, S19- this proposed use. An Electrical Substation is permitted in the requested MN zoning district upon approval of a SUP. A full Staff Analysis is provided in Exhibit 2. PLANNING AND ZONING COMMISSION Threeresidents spoke at the public hearing in opposition to the proposal. They cited concerns related to noise, traffic, drainage, and health. The applicant addressed most of these concerns during the public hearing. Specifically, with recent new technology the substation will not make any noise or vibrations; employees only visit substations once or twice a month for security checks or maintenance, thus reducing the adverse impacts on the street system; drainage concerns will be addressed during the platting phase of development. Concerns regarding adverse health issues which may be caused by electric substations were narrowed to one substation, the Texas Municipal Power Substation that is located on the west site of the site. When operating, that substation caused excessive vibrations and noise which affected the surrounding residences. The Texas Municipal Power Substation has been de-energized and is no longer in operation. OPTIONS 1. Approve. 2. Approval subject to conditions. 3. Deny. 4. Postpone item. RECOMMENDATION PZ recommended approval of this request (6-0). Staff recommended approval of the request as it is compatible with the surrounding property and is consistent with the overall goals and objectives of the Denton Plan 2030. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request Action January 21, 1986 City Council Annexation Approval February 2, 2002 City Council New Zoning Code and Approval City-wide rezoning to NR-6 April 17, 2013 City Council Annexation Approval April 23, 2019 City Council New Zoning Code and Approval City-wide zoning district transition to R-6 and RR, effective on October 1, 2019 November 6, 2019 Planning and Zoning Commission Rezone site to MN. Recommended Approval November 6, 2019 Planning and Zoning Commission SUP for electric Recommended Substation Approval PUBLIC OUTREACH: Seven notices were sent to property owners within 200 feet of the subject property. Five courtesy notices were sent to physical addresses within 500 feet of the subject property. As of the writing of this report, staff has received six responses in opposition to this request. One response was from a property owner located in the Extraterritorial Jurisdiction (ETJ). The remaining five responses represent 17.77% of the land located within the 200-foot boundary. Several responses are from different residents residing at the same address. Three of the property owners who sent in written responses to the mailed notice also spoke during the public hearing, including the one property owner located in the ETJ. A notice was published in the Denton Record Chronicle on October 20, 2019. One sign was posted on the property on October 26, 2019. The applicant did not hold a neighborhood meeting. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Future Land Use Map 6. LLC Members List 7. Notification Map and Responses 8. Concept Plan 9. Landscape Plan 10. Draft Planning and Zoning Commission Meeting Minutes 11. Staff Presentation 12. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Associate Planner Planning Staff Analysis Z19-0009/Blagg Street Substation City Council District #2 REQUEST: Request to rezone approximately 2.430 acres from Rural Residential (RR) to Mixed Use Neighborhood (MN), and to rezone approximately 0.838 acres from Residential 6 (R6) to Mixed Use Neighborhood (MN). SITE DATA: The site is comprised of 3.27 acres with approximately 390 feet of frontage along Blagg Road and is undeveloped. The site has an existing electric transmission line which crosses the site diagonally from southwest to northeast, and overhead electric distribution lines that cross the front of the property along Blagg Road. Blagg Road is designated as a two lane Collector Street with a right-of-way width of 65 feet. SURROUNDING ZONING AND USES: Northwest: North: Northeast: Zoning : RR and PF Zoning Zoning : RR, PF, and R6 Zoning : R6 districts Zoning districts Use: Undeveloped property Use: Electric Substation Use: Electric Substation and undeveloped property West: East: Zoning : RR and PF Zoning Zoning : R6 SUBJECT PROPERTY districts Use: Undeveloped property Use: Electric Substation Southwest: South: Southeast: Zoning : RR Zoning : RR Zoning : ETJ Use: Single Family Use: Single Family Use: Blagg Road and Residential and Agricultural Residential and Agricultural Agricultural Uses CONSIDERATIONS: A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications. 1. General Criteria a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. The review criteria was applied as required. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in sections 2.5 through 2.9. Section 2.7.2.D of the DDC applies to this rezoning request. An analysis of this request per those criteria can be found below in Consideration B. c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls. There are no conflicts between the general criteria and the criteria specific for zoning requests. 2. Prior Approvals There are no prior approvals for this project. 3. Consistent with the Comprehensive Plan and Other Applicable Plans The decisionmaking authority: a. Shall weigh competing goals, policies, and strategies. There are no competing goals, policies, or strategies with this proposal. b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan. This zoning request complies with the future land use designation of Moderate Density Residential. 4. Compliance with this DDC The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. This request is for a rezoning of the subject site. All subsequent development on this site will comply with all applicable standards in the DDC. Compliance with these standards is applied at the level of detail required for the subject submittal. Development on the site will be reviewed to ensure compliance with all applicable standards. 5. Compliance with Other Applicable Regulations This proposed rezoning complies with all other applicable regulations. 6. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 7. Minimizes Adverse Environmental Impacts This is a request to rezone the subject site. It will not have any adverse environmental impacts. 8. Minimizes Adverse Impacts on surrounding Property This proposed rezoning complies with the Future Land Use Plan, and as such, should not create adverse impacts on surrounding property. 9. Minimizes Adverse Fiscal Impacts This proposed rezoning should not create adverse fiscal impacts as it complies with the Future Land Use Plan. Compliance with Utility, Service, and Improvement Standards This proposed rezoning will not affect utilities, services or improvements. When the site is developed, it will be reviewed to ensure compliance with all applicable standards. Provides Adequate Road Systems This proposed rezoning will not affect roadways systems within the City. When the site is platted, the new development will have to comply with all applicable standards to ensure adequate roads are available. Provides Adequate Public Services and Facilities This proposed rezoning will not affect public services and facilities. When the site is platted, the new development will have to comply with all applicable standards to ensure adequate public services and facilities are available. 13. Rational Phasing Plan This proposed rezoning does not have a phasing plan. When the site develops, a rational phasing plat will be reviewed, if applicable. B. Section 2.7.2.D of the DDC states that an application for a rezoning may be approved based on the following conditions: a. The proposed rezoning is consistent with the Comprehensive Plan. The subject site has a future land use designation of Moderate Density Residential. The Moderate Density Residential designation is intended for residential neighborhoods with a density between four to twelve dwelling units per acre, and comprised of a variety of housing styles, types and prices. This land use applies to transition areas between established single-family neighborhoods and mixed-use or commercial areas that can accommodate greater density, or adjacent to key corridors. Open spaces, walkability and urban agriculture are all encouraged in these areas. This site is located between the U.S. 380/ E. University Drive Corridor to the north and the large lot, rural/agricultural sites located to the south, across Blagg Road. As noted in the description of the Moderate Density Residential Land Use, this area serves as a transition area between the Rural Residential area to the south and the U.S. 380 corridor to the north. b. The proposed rezoning is consistent with relevant Small Area Plan(s). There is no small area plan approved for this site. c. The proposed rezoning is consistent with the purpose statement of the proposed zoning district, as provided in Subchapter 3, Zoning Districts. Per Section 3.3.1.A, MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicyclists and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive to the surrounding built and natural context in scale and The MN district in this location satisfies the locational requirement, as it will be located between lower intensity RR zoning district to the south and the U.S. 380 corridor to the north. The proposed substation is a permitted use in the MN zoning district upon approval of a Specific Use Permit as required by the use specific standards in Section 5.3.7A. d. There have been or will be significant changes in the area to warrant a zoning change. There have not been significant changes in the area. A residential preliminary plat for the site located to the northwest and west of the subject site was recently approved by the Planning and Zoning Commission. Electric Substation is not a permitted use in the current RR and R6 zoning districts. The purpose of this request is to rezone the site to the least intensive zoning district that permits electric substations with approval of a SUP. The surrounding uses to the north and west are both electric substations. The substation to the west was built prior to the annexation of the site in 2013. A Specific Use Permit was approved in December 2014 for the substation located to the northwest of the subject site. The applicant wishes to develop an additional electric substation in an area which already has been developed with two substations. e. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. Streets The following impact analysis is based upon the intended use indicated by the applicant. The proposed electric substation will have very little impact on the infrastructure in the area. Employees will visit the site a few times per month to perform maintenance and/or security checks. Transportation related to the proposal The substation will generate a de minimus amount of trips. Roadway Impact Fees Roadway impact fees, paid at the time of development, are determined using a proportionality calculation based on the number of dwelling units and projected vehicle trips. These fees are used to make roadway system improvements related to the Mobility Plan. The total estimated roadway impact fee for the Blagg Road Electric Substation equals approximately $587.75, and is assessed at final plat. Access and Perimeter Street Improvements Blagg Road is designated as a two lane Collector Street with a right-of-way width of 65 feet. A total of 32.5 feet of right-of-way will be dedicated when this site plats. f. Public facilities and services are available to adequately serve the subject property while maintaining adequate level of service to existing development. Water and Wastewater Public water and wastewater services are not available to the site. Since the use does not need access to water and wastewater services, no extensions of public utilities will be required to support the development. Parks The proposed use of the site is a non-habitable electric substation. Proximity to parks is not applicable to this use. Schools The proposed use of the site is a non-habitable electric substation and will not generate a student population. Nearest Fire Station The subject property is approximately 3.2 miles from Fire Station #2 (110 Mockingbird Lane), within the eight minute or less response time boundary. g. There was an error in establishing the current zoning district. There was not an error in the assignment of the current zoning district. 3. The applicant did not hold a neighborhood meeting. STAFF RECOMMENDATION: Staff recommends approval of the request as it is compatible with the surrounding property and is consistent with the overall goals and objectives of the Denton Plan 2030. LocatedinETJ Both On Wed, Nov 6, 2019, 3:57 PM Jackson, Cynthia <Cindy.Jackson@cityofdenton.com> wrote: Are you only opposed to the zoning request or are you opposed to both the zoning request and the Specific use permit application as well? Thanks, Cindy Sent from my iPhone On Nov 6, 2019, at 3:30 PM, garry castro <garry.castro@logisticorpgroup.com> wrote: Cindy, Attached is the Response Form noting my opposition to the request to allow an Electrical Substation as noted in the Notice of Public Hearing; Project Number S19-0011, Blagg Road Substation. Regards, Garry From: Jackson, Cynthia \[mailto:Cindy.Jackson@cityofdenton.com\] Sent: Wednesday, November 06, 2019 10:14 AM To: garry castro Subject: RE: Site plan for Blagg Rd. Substation 1 Exhibit10 PlanningandZoningCommissionMeetingMinutes ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON APPROVING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RURAL RESIDENTIAL (RR) ZONING DISTRICT TO MIXED USE NEIGHBORHOOD (MN) ZONING DISTRICT ON 2.430 NET ACRES OF LAND AND FROM RESIDENTIAL 6 (R6) TO MIXED USE NEIGHBORHOOD (MN) ZONING DISTRICT AND USE CLASSIFICATION ON 0.838 NET ACRES OF LAND, TOTALING 3.40 GROSS ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF BLAGG ROAD, APPROXIMATELY 430 FEET EAST OF THE INTERSECTION OF BLAGG ROAD AND GEESLING ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (Z19-0009; Blagg Road Substation) WHEREAS, Brian Satagaj, representing Oncor Electric Delivery Company LLC., applied for a zoning change on approximately 2.430 net acres from Rural Residential (RR) zoning classification and use designation to a Mixed Use Neighborhood (MN) zoning classification and for a zoning change on approximately 0.838 net acres from the Residential 6 (R6) zoning classification and use designation to a Mixed Use Neighborhood (MN) zoning classification, on a total of approximately 3.44 gross acres of land, less 0.172 acres for a right-of-way dedication, as legally described in Exhibit A, and depicted on Exhibit B, attached hereto and incorporated herein by reference (hereinafter, the Property; and WHEREAS, on November 6, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and afforded full and fair hearings to all property owners and citizens interested in this regard, recommended approval of the requested zoning district classification and use designation by a vote of (6-0); and WHEREAS, on December 17, 2019, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.7.2.D of the Denton Development Code, and is consistent with the 2030 Denton Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification and use designation of the property, determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classification and use designation on 3.44 gross acres, less 0.172 acres for right-of-way dedication, is hereby changed as follows: 2.430 net acres of land is hereby changed from Rural Residential (RR) zoning classification and use designation to Mixed Use Neighborhood (MN), and the zoning district classification and use designation of approximately 0.838 net acres of land is hereby changed from existing Residential 6 (R6) zoning classification and use designation to a Mixed Use Neighborhood (MN) zoning classification and use designation. SECTION 3. The City official zoning map is hereby amended to show the change in the zoning district classification and use designation. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the remaining provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this limited purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, within ten (10) days of the date of its passage. Page 2 of 3 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: December 17, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance approving a Specific Use Permit to allow for a multifamily dwelling use on approximately 12.33 acres of land, generally located on the north side of Poinsettia Boulevard, approximately 945 feet east of East Sherman Drive, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability, and establishing an effective date. The Planning and Zoning Commission voted 7-0 to approve the request with conditions. (S19-0003, Oxford at Sherman Drive, Julie Wyatt) BACKGROUND The request is for a Specific Use Permit (SUP) to permit multi-family dwellings on approximately 12.33 acres. The proposal was initially submitted for review on July 16, 2019. Prior to the October 1, 2019 adoption of the 2019 Denton Development Code (DDC), applicants could choose the regulations under which their projects would be reviewed and evaluated: the new 2019 DDC regulations or the previous 2002 DDC regulations. In this case, the applicant elected to remain under the 2002 DDC. Therefore, the proposed SUP has been reviewed under the 2002 DDC regulations and criteria for approval, including the previous zoning of Community Mixed Use General (CM-G) District. For reference, properties in the CM-G District transitioned to Suburban Corridor (SC) District with the adoption of the 2019 DDC. Multi-family dwellings are permitted with an SUP in both districts. The proposed multi-family development includes a total of 248 dwelling units, eight, three-story buildings, 460 parking spaces, three access points, and controlled access gates. Amenities include a community pool with amenity center/clubhouse, an outdoor eating area with a fire pit, and a dog park. A Site Plan, Landscape Plan, and building elevation are provided in Exhibits 6, 7, and 8, respectively. The proposal meets the dimensional, parking, and landscaping requirements; however, if the SUP is approved, the applicant will be requesting an Alternative Development Plan (ADP) to deviate from the following 2002 DDC Subchapter 13 site design requirements: A project greater than 3 acres must contain a public or private street system. Private Streets shall be required to include sidewalks of at least 5-feet, a 5-foot wide planting area between the curb and the sidewalk, and street trees planted at a rate of one for every 45 linear feet of frontage, but public street setbacks shall not apply (Section 35.13.13.2.A.2). Accessory structures such as carports, garages and storage units may not be located along public right-of-way (Section 35.13.13.2.A.1.i) The proposed ADP meets the criteria for approval; however, the proposed deviations must be approved by the Planning and Zoning Commission through the ADP process after City Council approval of the SUP. Any changes to the proposal resulting from City Council approval may require changes to the ADP. The full Staff Analysis of the request is provided in Exhibit 2. PLANNING AND ZONING COMMISSION On November 20, 2019, the Planning and Zoning Commission held a public hearing for the proposed specific use permit. At the public hearing, staff presented an analysis of the request with a recommendation of approval with conditions. No members of the public spoke during the public hearing. As part of the discussion, the Planning and Zoning Commission asked about the area schools, as the proposal would stress capacity at nearby Wilson Elementary. After the meeting, staff reached out to Denton Independent School District (DISD) to obtain more information on the potential effect of additional development on student capacity. DISD responded that growth in the area may require future evaluation of the attendance zones as part of their planning efforts. If needed, the attendance boundaries could be modified to balance student capacities. At the close of the public hearing, the Planning and Zoning Commission recommended approval of the request with staff conditions \[6-0\]. After the public hearing, staff discovered that one public notification letter within the required boundary was not sent. To correct the oversight, the proposal was rescheduled for a new public hearing at the December 11, 2019 Planning and Zoning Commission meeting, and notification for the proposal was resent to include all property owners within 200 feet and all residents within 500 feet of the subject property. During the December 11, 2019 Planning and Zoning Commission public hearing, staff presented an analysis and no members of the public spoke in favor or opposition. The Planning and Zoning Commission recommended approval of the request with staff conditions \[7-0\]. OPTIONS 1. Approve. 2. Approve Subject to Conditions. 3. Deny. 4. Postpone Item. RECOMMENDATION Staff recommends approval of the SUP with the following conditions: 1. Landscaping in the attached landscape plan reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 2. Parking area light fixtures can be determined at building permit, but may not exceed 14 feet in height, must be full cutoff and downcast fixtures, and shall maintain an average illuminance value of no less than two foot-candles. 3. Perimeter fencing materials are limited to masonry or wrought iron. Any wrought iron perimeter fencing along Poinsettia Boulevard must be accompanied with a continuous leafy, evergreen hedge at least three feet tall at maturity. 4. Within 30 days of City Council approval, an Alternative Development Plan as outlined in DDC Section 31.13.5 must be approved to deviate from the following design standards for multi- family development depicted on the site plan: a. A project greater than 3 acres must contain a public or private street system. Private Streets shall be required to include sidewalks of at least 5-feet, a 5-foot wide planting area between the curb and the sidewalk, and street trees planted at a rate of one for every 45 linear feet of frontage, but public street setbacks shall not apply(Section 35.13.13.2.A.2). b. Accessory structures such as carports, garages and storage units may not be located along public right-of-way (Section 35.13.13.2.A.1.i) 5. Notwithstanding the limited administrative approvals authorized in conditions 1, 2, and 3, the City reserves the right to require approval by ordinance of any amendments to the SUP, the attached site plan, and the elements described in Section 3 below, including those referenced in conditions 1, 2, and 3. The attached site plan, landscape plan, and sample building elevations provided in Exhibits 6-8 specify the following, which will be incorporated as requirements of the SUP ordinance. Staff shall have the ability to approve a reduction in the lot coverage, an increase in the landscape area, and a decrease in the number of dwelling units with associated parking by any amount. Staff shall have the ability to approve increases up to, and including, 5% of any of the amounts specified in requirements 2-4, provided all applicable requirements of the DDC are met. Increases greater than 5% will require a new application and approval by ordinance. 1. Eight (8), three-story buildings, one amenity center/clubhouse, and nineteen (19) accessory structures. 2. Two hundred forty-eight (248) dwelling units are specified, with a density of 20.15 dwelling units per acre. 3. No fewer than four hundred and sixty (460) parking spaces are required. 4. The site plan specifies a total of 67% lot coverage (359,570 square feet of impervious surface) and 33% landscape area (174,859 square feet). 5. Open spaces areas (Plazas) to include a minimum of 12 seating spaces. 6. A minimum of eight (8) dog waste stations installed in the open space areas. 7. Seventy-one (71) large- and medium-canopy trees planted along the southern boundary. 8. The sample building elevations specify a neutral color palette with balconies or patios in 100% of the dwelling units. Architectural details such as awnings, decorative wall lighting, and a variety of recesses and projections provide changes in relief, and the appearance of the stairwells is minimized from the exterior of the buildings. Final building elevations should reflect these details and colors and be in compliance with DDC 35.13.13.2. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request Action Approval of CM-G 2002 City Council Citywide rezoning District Planning and Zoning Preliminary Plat February 21, 2018 Approval Commission PP17-0026 New Zoning Code and City-wide zoning October 1, 2019 City Council Approval district transition to SC District Specific Use Permit Approval with Staff November 20, Planning and Zoning for multi-family recommended 2019 Commission dwellings conditions Planning and Zoning Specific Use Permit Approval with Staff December 11, Commission for multi-family recommended 2019 dwellings conditions PUBLIC OUTREACH: Fifty-two notices were sent to property owners within 200 feet of the subject property. Eighty-three notices were sent to physical addresses within 500 feet of the subject property. As of the writing of this report, staff has received the following responses: two outside of the 200-foot boundary in opposition, three within the 200-foot boundary in opposition (1%), and two within the 200-foot boundary in favor. A notice was published in the Denton Record Chronicle on November 24, 2019. A notice was Four signs were posted on the property on October 30, 2019. The applicant held one neighborhood meeting on July 10 2019.The City provided to the applicant addresses for 60 property owners within 200 feet of the request and 112 residents within 500 feet of the request. Staff was not able to attend the meeting due to a meeting scheduling conflict, but has heard concerns about traffic from a nearby resident. It was recommended that the applicant hold a second neighborhood meeting, but he declined. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact disclosures have been provided to staff from members of this body as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. 2002 DDC Zoning Map 5. Future Land Use Map 6. Site Plan 7. Landscape Plan 8. Elevations and Materials Board 9. View Diagram 10. LLC Members List 11. Notification Map and Responses 12. Presentation 13. November 20, 2019 P&Z Meeting Minutes 14. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Julie Wyatt Senior Planner Staff Analysis S19-0003/Oxford at Sherman Drive City Council District #2 REQUEST: Request for a Specific Use Permit to allow for a Multifamily Dwelling use on approximately 12.33 acres. STAFF RECOMMENDATION: Staff recommends approval of the SUP with the following conditions: 1. Landscaping in the attached landscape plan reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 2. Parking area light fixtures can be determined at building permit, but may not exceed 14 feet in height, must be full cutoff and downcast fixtures, and shall maintain an average illuminance value of no less than two foot-candles. 3. Perimeter fencing materials are limited to masonry or wrought iron. Any wrought iron perimeter fencing along Poinsettia Boulevard must be accompanied with a continuous leafy, evergreen hedge at least three feet tall at maturity. 4. Within 30 days of City Council approval, an Alternative Development Plan as outlined in DDC Section 31.13.5 must be approved to deviate from the following design standards for multi-family development depicted on the site plan: a. A project greater than 3 acres must contain a public or private street system. Private Streets shall be required to include sidewalks of at least 5-feet, a 5-foot wide planting area between the curb and the sidewalk, and street trees planted at a rate of one for every 45 linear feet of frontage, but public street setbacks shall not apply (Section 35.13.13.2.A.2). b. Accessory structures such as carports, garages and storage units may not be located along public right-of-way (Section 35.13.13.2.A.1.i) 5. Notwithstanding the limited administrative approvals authorized in conditions 1, 2, and 3, the City reserves the right to require approval by ordinance of any amendments to the SUP, the attached site plan, and the elements described in Section 3 below, including those referenced in conditions 1, 2, and 3. The attached site plan, landscape plan, and sample building elevations provided in Exhibits 6-8 specify the following, which will be incorporated as requirements of the SUP ordinance. Staff shall have the ability to approve a reduction in the lot coverage, an increase in the landscape area, and a decrease in the number of dwelling units with associated parking by any amount. Staff shall have the ability to approve increases up to 5% of any of the amounts specified in requirements 2-4, provided all applicable requirements of the DDC are met. Increases equal to, or greater than, 5% will require a new application and approval by ordinance. 1. Eight (8), three-story buildings, one amenity center/clubhouse, and nineteen (19) accessory structures. 2. Two hundred forty-eight (248) dwelling units are specified, with a density of 20.15 dwelling units per acre. 3. No fewer than four hundred and sixty (460) parking spaces are required. 4. The site plan specifies a total of 67% lot coverage (359,570 square feet of impervious surface) and 33% landscape area (174,859 square feet). 5. Open spaces areas (Plazas) to include a minimum of 12 seating spaces. 6.A minimum of eight (8) dog waste stations installed in the open space areas. 7. Seventy-one (71) large- and medium-canopy trees planted along the southern boundary. 8. The sample building elevations specify a neutral color palette with balconies or patios in 100% of the dwelling units. Architectural details such as awnings, decorative wall lighting, and a variety of recesses and projections provide changes in relief, and the appearance of the stairwells is minimized from the exterior of the buildings. Final building elevations should reflect these details and colors and be in compliance with DDC 35.13.13.2. SITE DATA: The site is a total of 12.33 acres situated between North Loop 288 and Poinsettia Boulevard. North by the Texas Department of Transportation (TXDOT). Poinsettia Boulevard is not a designated roadway per the Mobility Plan; however, due to the volume of traffic generated by adjacent residential development, it is classified as a two-lane Collector. The property is undeveloped and has most recently has been used for agricultural purposes (pasture). Three rows of fence-line trees intersect the property. SURROUNDING ZONING AND USES: Northwest: North: Northeast: Zoning : SC District Zoning : SC District Zoning : R4 District Use: Undeveloped Use: Undeveloped Use: Undeveloped West: East: Zoning : MN District SUBJECT PROPERTY Zoning : R4 District Use: Multi-family residential Use: Single-family residential Southwest: South: Southeast: Zoning : R7 and R3 Districts Zoning : R7 and R6 Districts Zoning : R4 District Use: Townhome and Single-Use: Townhome and Single-Use: Single-family residential family residential family residential CONSIDERATIONS: Section 35.6.4 of the DDC outlines the criteria for approval of a SUP. These criteria are as follows: 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The Denton Plan \[2030\] and federal, state, or local law. Due to the project submittal timing, the Site Plan and Landscape Plan were reviewed for compliance under the 2002 Denton Development Code (DDC) and are in conformance with the requirements in terms of site design, parking, and landscaping except for two proposed site design deviations which must be approved by the Planning and Zoning Commission through the Alternative Development Plan (ADP) process. The ADP process was permitted as part of the 2002 DDC Subchapter 13 to allow for flexibility in site design standards, provided that the proposal met the criteria for approval. If the SUP is approved by City Council, an ADP for garage placement and the private street system will be scheduled for consideration by the Planning and Zoning Commission. While the proposal was reviewed under the 2002 DDC, in order to fully evaluate the proposal, the following is a comparison of both the 2002 DDC regulations and the 2019 DDC regulations: Denton Development Code Requirements Requirement 2002 CM-G 2019 SC Proposed met? 2002 2019 Maximum 80% (building 80% (lot coverage) 67% lot coverage Y Y coverage) coverage Minimum 20% 20% 33% Y Y landscape area Maximum 65 feet 55 feet 45 feet max Y Y building height Maximum None None 20 Y Y density (du/acre) Minimum 500 square feet 400 square feet 632 square feet Y Y unit size Minimum 460 spaces 460 spaces 460 spaces Y Y parking Minimum 30% 30% 30% Y Y tree canopy Protected trees: if Heritage and Quality removed, mitigated at trees: minimum 30% 1:1.5 ratio preservation of the total Quality trees: a dbh is required minimum of 25% Secondary trees: preservation. Up to generally, no minimum 50% of the percentage preservation unless the No Protected trees required to be preserved site does not contain onsite; may be mitigated at a any Quality or Heritage Preserving 50% of Minimum 1:1.5 ratio trees Quality trees; Y Y tree Large Secondary: if Required Mitigation or Mitigating 20 inches of preservation removed, mitigated at a Replacement: Heritage-Large Secondary trees; 1:1 ratio 2.5 inches for every Preserving 13.5% of Secondary: a minimum inch removed Secondary trees of 12.5% preservation. Quality-2 inches for Up to 50% of the every inch removed percentage required to Secondary-4 inches for be preserved may be every tree removed mitigated at a 1:0.75 ratio Minimum Minimum 10 feet and buffers 20 points selected from 10 feet with 5 trees and adjacent to 10 feet with 5 trees and a variety of elements, 30 shrubs per 100 feet + 30 shrubs per 100 linear including tree Y Y a residential a 6-foot ornamental feet. preservation, tree use (east metal fence. planting, fencing, and property shrubs line) On tree every 30 linear One tree every 45 linear feet 48 trees are proposed Y N Street trees feet (48 trees) (67 trees would be required) The future land use designation of the subject property is Community Mixed Use, which is intended to promote a mix of uses wherecommercial uses are predominant, but where residential, service, and other uses are complementary. Typical types of development may include a supermarket, drug store, specialty shops, service stations, midsize offices, employers, and high-to-moderate density housingat a scale that can serve the Denton community at large. The character of the Community Mixed Use areas should be sensitive to the surrounding built and natural context in scale and form, especially in transition areas where commercial development abuts residential neighborhoods. Multi-family uses are consistent with the intent and goals of the Future Land Use designation, as they provide the complementary residential component often found in mixed-use districts. Furthermore, development of a multi-family use in this location would maintain the residential character of Poinsettia Boulevard and create a physical barrier between the lower-density uses to the south and North Loop 288, buffering the existing neighborhoods from the highway. Per Denton Plan 2030, growth projections indicate that the population within the City of Denton will increase from 113,383 in 2010 to 207,334 by 2030. This population growth will drive the need for additional housing, including single- family detached, moderate-density attached, and multi-family units. In fact, the comprehensive plan estimates that by 2030, an additional 12,254 new multi-family dwelling units will be needed to accommodate population growth (pg. 17). 2. A SUP shall only be granted if all of the following conditions have been met: a. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. b. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. c. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. d. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. e. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. f. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. g. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The subject property is situated in an area of the City that has experienced steady residential until the present. The general development pattern reflects a suburban residential contextsingle-family neighborhoods connected by arterial roadways. Future commercial and mixed-use centers are anticipated at the arterial intersections, including the intersection at North Loop 288 and FM 428. Although the proposed softening between nearby neighborhoods and North Loop 288, allowing the development and land use pattern to gradually transition from low-to-moderate density residential uses to the south to higher-intensity commercial uses at the intersection. Multi-family developments can complementsingle-family residential areas, provided that the site orientation, setbacks and buffers address potential visual, noise, and light impacts. The site plan and landscape plan depict the following design elements to increase compatibility with the adjacent uses and provide visual screening: Development orientation toward North Loop 288: the proposed orientation will areas to focus activity along North Loop 288. Location of pool amenity: the pool area is confined to the center of the site, creating a noise and light buffer between the activity area and nearby residential neighborhoods. An increased residential building setback: the proposal sets the 3-story residential buildings back a minimum of 101 feet from Poinsettia Drive and 49 feet from the eastern property line to minimize building heights by increasing the distance between the multi-family buildings and the single-family residential yards. One hundred sixty-three large canopy trees, including Live Oak, Chinese Pistache, Lacebark Elm, and Shumard Oak: at maturity, the new plantings will result in approximately 204,728 square feet of canopy, which can reduce noise and screen the multi-family use from the adjacent property. Additional tree plantings along the south property line: forty-seven large- canopy trees (in addition to the required 24 street trees) are proposed to be planted between the structures and the street. A minimum of 18,000 square feet of open space area, including a swimming pool, open play areas, and a gated dog park: provides amenities for residents and contributes to the residential character. The proposed use is not anticipated to impede the orderly development of the surrounding vacant land. The adjacent undeveloped 10-acre lot at the southeast corner of North Loop 288 and FM 428 has a zoning designation of SC (Suburban Corridor) District, which is consistent with the subject site. The vacant parcels at the southwest and northeast corners are also zoned SC District. Future development at these locations is expected include commercial and service uses which are permitted under the governing zoning and compatible with multi-family dwellings. Access to the site will include three driveways. First, a north driveway will connect to the future North Loop 288 frontage road. As part of development of the site, the developer will construct eastbound entrance ramp, extending toward the east to create a front entrance for the proposed multi-family use. This one-way spur will connect to Poinsettia Boulevard and provide full entry/exit access to the subject site. Second, a south exit-only driveway will connect to Poinsettia Boulevard. Finally, a third access point will connect to the adjacent commercial lot to the west of the site to provide an exit-only driveway and direct connection to FM 428. The proposed use is not likely to generate offensive odors, fumes, dust, noise, or vibrations that would adversely affect neighboring properties. To ensure adequate parking lot lighting while minimizing glare onto the adjacent properties, staff recommends adding the following condition to the SUP: parking area light fixtures may not exceed 14 feet in height, must be full cutoff and downcast fixtures, and shall maintain an average illuminance value of no less than two foot-candles. As proposed, parking for the development meets the requirements for multi-family dwellings, including the number of spaces, screening at the right-of-way, and internal landscaping. h. That adequate capacity of infrastructure can and will be provided to and through the subject property. The following is an analysis of the infrastructure necessary to support the proposed multi-family development. While impacts to the surrounding road network are anticipated as a result of development, requirements such as perimeter street improvements and impact fees will help offset some of the traffic generation. Perimeter Street Improvements The developer will construct a 25-foot wide one-way frontage road adjacent to North Loop 288. This road will branch off of the North Loop 288 eastbound entrance ramp and connect to Poinsettia Boulevard. Pedestrian Facilities An 8-foot sidewalk will be constructed along the Poinsettia Boulevard property frontage as part of the development of the site. This will connect to the adjacent developments to complete the pedestrian facilities along Poinsettia Boulevard. An 8-foot sidewalk will also be constructed along the new North Loop 288 frontage road. Water and Wastewater The following is a breakdown of the anticipated water demand for 248 multi-family dwellings: Maximum Demand gallons per day (gpd) Proposal (248 MF Current Use Current Zoning units) Water 0 gpd NRMU w/overlay 111,600 gpd Wastewater 0 gpd NRMU w/overlay 106,020 gpd Public water and wastewater services are available to the site, and there is capacity within the system to serve the proposal. An extension of an North Loop 288 will be required with development of the site. Water and wastewater tap and impact fees will be based upon the intensity of the development and are required to be paid during permitting. Parks The southwest corner of the subject property is located approximately 3,558 linear feet from Water Works Park; however, there are large gaps in sidewalk network, reducing the safety for pedestrians. This distance and lack of pedestrian facilities do not meet the Parks Department-Minute Walk to a Park. However, the applicant is proposing onsite recreational amenities for residents, including a pool, enclosed dog park, and open space/play areas. In order to provide for adequate parks and park facilities, all residential developments must provide the following: Dedicated park land or fees paid in lieu of dedication. Dedication fees are assessed prior to the filing of the plat and at based upon a formula that follows the standard of two and one-half acres of park land per one thousand population. The estimated park dedication for the proposed development is 1.116 acre. Schools proposal would generate approximately 112 elementary students, 37 middle school students, and 40 high school students. The proposed development is located within the attendance zone of Wilson Elementary, Strickland Middle School, and Ryan High School. According to DISD, the amount of elementary students would stress the capacity at Wilson Elementary, but Strickland and Ryan have the capacity for the additional students. Nearest Fire Station The subject property is approximately 0.8 mile from Fire Station #4 (2110 E Sherman Drive), within an eight minute or less response time boundary. i. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: i. Similarity in scale, bulk, and coverage. ii. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. iii. Architectural compatibility with the impact area. iv. Air quality, including generation of dust, odors, and other environmental pollutants. v. Generation of noise, light, and glare. vi. The development of adjacent property as envisioned in the Denton Plan. vii. Other factors found to be relevant to satisfy the requirements of this Chapter. Development scale and architectural compatibility The proposed multi-family use is consistent the Future Land Use designation of Community Mixed Use and Element 7 of the Denton Plan 2030. Element 7 outlines the goals associated with housing policy within the City of Denton. In particular, the City has adopted a goal to develop and maintain a housing stock that meets the needs of all residents with a diverse array of choices in type, cost, and location. Well-designed multi-family developments within mixed-use centers could help achieve this goal. However, the proposed use must be sensitive to the character of the surrounding area in both scale and architectural compatibility. The proposed scale of development in terms of lot coverage and building height are less than the maximum permitted in both the 2002 DDC CM-G District and the 2019 DDC SC District. The site plan indicates a lot coverage of 67% (maximum of 80% is permitted). The sample elevations show building heights of 45 feet. Maximum building height in CM-G is 65 feet. Additionally, the sample building elevations specify a neutral color palette with balconies or patios in 100% of the dwelling units. Architectural details such as awnings, decorative wall lighting, and a variety of recesses and projections provide changes in relief, and the appearance of the stairwells is minimized from the exterior of the buildings. Perimeter fencing is proposed to control access to the subject site and to provide screening at the right-of-way. Fencing materials include a combination of ornamental metal, board on board cedar, and masonry. As proposed, the proposed fence along Poinsettia Boulevard would be constructed with board on board cedar and include recesses to accommodate street tree planting areas and to break up the monotony of a long, unbroken fence line. While this approach creates visual interest along the street, staff has concerns about the durability of this material, and recommends either a masonry wall or wrought iron combined with a leafy evergreen hedge to provide screening. Generation of traffic As part of the SUP request, the applicant submitted a Traffic Impact Analysis (TIA19-0010) which October 2019. The TIA was comprehensive in nature, analyzing not only the proposed use, but also nearby existing developments and the future commercial development at the southeast intersection of FM 428 and North Loop 288, anticipating a gasoline/service station with convenience market and a shopping center. According to their analysis (using Institute of Transportation Engineers Trip Generation Manual 10th Edition), the proposed development of 248 dwelling units would generate 1,834 trips during a 24-hour weekday. Morning peak hour traffic would generate 113 trips and evening peak hour would generate 133 trips. Total trips at full build-out of the subject property plus the future commercial would generate approximately 3,666 daily, 154 morning peak hour, and 190 evening peak hour. The TIA also analyzed the area intersections, including the intersection of FM 428 and North Loop 288. Intersections are graded with a letter grade based upon the less) and in an unsignalized intersection). FM 428 at the North Loop 288 South Ramp was found to have a Level of Service (LOS) between A and F, depending on the time of day and the turning movement. For example, southbound FM 428 traffic turning left onto the North Loop 288 South Ramp experiences short delays in the morning and evening, resulting in a onto northbound FM 428 experiences long delays (up to four minutes), resulting in a These established conditions have met the warrants for a signal light at FM 428 and North Loop 288. While a signal light has been planned for this intersection for some time, expected installation will not be complete for six to eight months. As an in interim step to help relieve delays and improve the functioning of the intersectionwill soon install all-way stop signs. For the intersection at FM 428 and Poinsettia, westbound traffic experiences some additional trips associated with the development of the subject property and the adjacent Palladium Apartments, the Level of Service for westbound traffic will lower the LOS restripe Poinsettia Boulevard, creating a dedicated left-turn lane to relieve congestion. Additionally, the analysis concludes that the intersection will meet the warrants for a signal within the next few years. Generation of dust, odors, and other environmental pollutants Due to the residential nature of the proposed development, environmental impacts are not expected. 3. The applicant held one neighborhood meeting on July 10 2019.The City provided to the applicant addresses for 60 property owners within 200 feet of the request and 112 residents within 500 feet of the request. Staff was not able to attend the meeting due to a meeting scheduling conflict, but has heard concerns about traffic from a nearby resident. It was recommended that the applicant hold a second neighborhood meeting, but he declined. GARAGE 100’ DISTANCE TO PROPERTY LINE 8’ FENCE 1 1 1 Da S19-0003Oxford at Sherman December 17, 2019 City Council 2 File ID: S19-0003 12/17/19 Specific Use Permit for multi-family dwellings12.33 acresUndevelopedBounded by Poinsettia Boulevard and Loop 288 •••• S19-0003: Request & Site Data• 3 R7R7 R6R6 File ID: S19-0003 12/17/19 Zoning: 2002 City-wide zoning to CM-G2019 transitioned to SC District •• Due to submittal timing, the proposal is subject to the 2002 DDC regulations.Multi-family dwellings require an SUP in both districts. 4 File ID: S19-0003 12/17/19 significantly diminish or impair property values within the immediate vicinity; vacant property; That adequate utilities and access roads; and pedestrian traffic without adversely affecting the general public or adjacent developments;offensive odor, fumes, dust, noise and vibration; Directional lighting will not disturb or adversely affect neighboring properties; and property. a.Compatible with and not injurious to the use and enjoyment of other property nor b.Will not impede the normal and orderly development and improvement of surrounding c.d.Driveways and parking spaces provides for the safe and convenient movement of vehicular e.Adequate nuisance prevention measures have been or will be taken to prevent or control f.g.Sufficient landscaping and screening to ensure harmony and compatibility with adjacent Plan 2030. SUP Criteria for Approval (Sec.35.6.4) 1.That the use would be in conformance with all standards within the zoning district and Denton 2.A Specific Use Permit shall be issued only if all of the following conditions have been met: 5 File ID: S19-0003 12/17/19 and mass transit use are considered beneficial regardless of capacity of facilities. Architectural compatibility with the impact area. The development of adjacent properties as envisioned in The Denton Plan. a.Similarity in scale, bulk, and coverage. b.Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, c.d.Air quality, including the generation of dust, odors, or other environmental pollutants. e.Generation of noise, light, and glare. f. property. surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: SUP Criteria for Approval (Sec.35.6.4) 3.That adequate capacity of infrastructure can and will be provided to and through the subject 4.That the Special Use is compatible with and will not have an adverse impact on the 6 File ID: S19-0003 Community Mixed Use 12/17/19 Complementary residential useOften found in mixed-use districtsMaintain residential character on the south edge of the mixed-use district Intended to promote a mix of uses with commercial & complementary residential usesEncourage diverse uses within proximity to increase economic viability, create a sense of place, and encourage mobility optionsMulti-family development is consistent with FLUM Denton Plan 2030 ••• Future Land Use: 7 File ID: S19-0003 12,254 81,037 207,334 12/17/19 Population projection: Total projected housing units: New multi-family units needed: Multi-family developments in strategic locations—urbanized areas adjacent to arterials and within proximity to schools, shopping, and employment—provides housing with compact development pattern and reduced sprawl Denton Plan 2030 •••• 2030 Growth projections ylimaFelgniS 8 Townhome File ID: S19-0003 12/17/19 Oriented toward Loop 2888 three-story buildings 3 access points with controlled access gatesCommunity pool with amenity center/clubhouse, outdoor eating area with a fire pit in the center of the sitedog parkFencing, landscaping, one-story garages along Poinsettia3-story residential buildings set back a minimum of 101 feet from Poinsettia Drive and 49 feet from the eastern property lineMeets parking regulations •••••••• Site Plan 9 File ID: S19-0003 12/17/19 163 new large-canopy treesTotals approximately 204,728 square feet of canopy at maturity47 large-canopy trees (in addition to the required 24 street trees) along PoinsettiaOpen space area between residential bldg. and east property line + buffer •••• Landscape Plan 9 File ID: S19-0003 : board on board 12/17/19 Poinsettiacedar with recesses to accommodate street tree planting areas and to break up the monotony of a fence lineWhile it creates visual interest, staff has concerns about the durability of cedar, and recommends either a masonry wall or wrought iron combined with a leafy evergreen hedge to provide screening. •• East property line buffer landscapingPerimeter fence: combination of ornamental metal, board on board cedar, and masonry •• 11 File ID: S19-0003 12/17/19 Sample Elevations 3-story buildings with neutral color palette, balconies or patios in 100% of the dwelling units. Awnings, decorative wall lighting, and a variety of recesses and projections provide changes in relief, and the appearance of the stairwells is minimized from the exterior of the buildings. • 12 File ID: S19-0003 12/17/19 A project greater than 3 acres must contain a public or private street system Accessory structures such as carports, garages and storage units may not be located along public right-of-way (Section 35.13.13.2.A.1.i) •• If SUP is approved, an ADP is required to deviate from site design requirements:The proposed ADP meets the criteria for approval; however, the proposed deviations must be approved by the Planning and Zoning Commission through the ADP process. •• Alternative Development Plan 13 YYYYYYYY 2019 YYYYYYYY 2002 onsite; 33%30% 460 spaces 45 feet max 67% lot coverage ; Mitigating 20 inches of ornamental metal fence. No Preserving 50% of 24 street trees + 47 large-canopy trees are proposed 10 feet with 5 trees and 30 shrubs per 100 feet + a 6-foot Preserving 13.5% of : File ID: S19-0003 : generally, no 20%30% 55 feet 460 spaces fencing, and shrubs elements, including tree 80% (building coverage) selected from a variety of preservation, tree planting, On tree every 30 linear feet (67 trees would be required) Minimum 10 feet and 20 points minimum 30% preservation of the total dbhis requiredminimum preservation unless the site does not contain any Quality or Heritage trees Denton Development Code Requirements : if removed, 20%30% : a minimum of 65 feet (48 trees) 460 spaces: a minimum of 80% (lot coverage) shrubs per 100 linear feet. 10 feet with 5 trees and 30 12/17/19 One tree every 45 linear feet 25% preservation. mitigated at a 1:1 ratio12.5% preservation Maximum coverageMinimumlandscape areaMaximum building heightMinimum parkingMinimum tree canopyMinimum tree preservationMinimum buffers adjacent to a residential use (east property line)Street trees 14 File ID: S19-0003 (ITE Trip Generation Manual –10th Edition: 248 dwelling units) 12/17/19 Ramps with left-turn movements experience greatest delaysMeets warrant for signal; will be constructed in 6-8 months; all-way stops as an interim stepWestbound left-turn most difficult movement in morning and eveningRestriping to create a dedicated left-turn lane is recommended •••• Analyzed area intersections + gives letter grades A-F based upon delaysLoop 288 + FM 428FM 428 and Poinsettia Infrastructure -Transportation ••• 1,834 trips during a 24-hour weekdayMorning peak hour -113 trips / evening peak hour: 133 tripsTotal build-out of property + commercial: estimated 3,666 trips per day Trip Generation •••TIA 15 File ID: S19-0003 12/17/19 The developer will construct a 25-foot wide one-way frontage road adjacent to North Loop 288. This road will branch off of the North Loop 288 eastbound entrance ramp and connect to Poinsettia Boulevard. Infrastructure -Transportation • Perimeter Street Improvements 16 File ID: S19-0003 12/17/19 Public water and sewer available. Extension of an 8” water line along North Loop 288 requiredSite approximately 3,558 linear feet from Water Works ParkThe applicant is proposing onsite recreational amenities for residents, including a pool, enclosed dog park, and open space/play areas. Park dedication and development fees required for residential developmentWilson Elementary, Strickland Middle School, and Ryan High School. According to DISD, the amount of elementary students would stress the capacity at Wilson Elementary, but Strickland and Ryan have the capacity for the additional students. ••••• Infrastructure -Other Water & WastewaterParksSchools 17 File ID: S19-0003 2 responses not within 12/11/19 In Opposition: 5 (1%) (In Favor: 2Neutral: 0 200-ft boundary) ••• 200 ft. Public Notices certified mail: 52500 ft. Courtesy Notices via regular mail: 83Responses: ••• Neighborhood meeting on July 10, 2019; declined to hold a second neighborhood meeting Public Outreach 1.Newspaper Ad: November 24, 20192.Property Posted: October 30, 20193.Mailed Notices November 25, 2019:• 18 with the following conditions. File ID: S19-0003 approval approval of the SUP with the following conditions: 12/17/19 Landscaping in the attached landscape plan reflects an intent to comply with the DDC requirements for parking, Parking area light fixtures can be determined at building permit, but may not exceed 14 feet in height, must be full Perimeter fencing materials are limited to masonry or wrought iron. Any wrought iron perimeter fencing along recommended 1.street trees, minimum landscape and canopy areas, and compatibility buffers. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC.2.cutoff and downcast fixtures, and shall maintain an average illuminance value of no less than two foot-candles.3.Poinsettia Boulevard must be accompanied with a continuous leafy, evergreen hedge at least three feet tall at maturity. Recommendation The Planning and Zoning Commission recommended Staff 19 Applicant has been notified of these conditions. File ID: S19-0003 A project greater than 3 acres must contain a public or private street system. Private Streets shall be Accessory structures such as carports, garages and storage units may not be located along public right- 12/17/19 a.required to include sidewalks of at least 5-feet, a 5-foot wide planting area between the curb and the sidewalk, and street trees planted at a rate of one for every 45 linear feet of frontage, but public street setbacks shall not apply (Section 35.13.13.2.A.2).b.of-way (Section 35.13.13.2.A.1.i) Within 30 days of City Council approval, an Alternative Development Plan as outlined in DDC Section 31.13.5 must Notwithstanding the limited administrative approvals authorized in conditions 1, 2, and 3, the City reserves the right 4.be approved to deviate from the following design standards for multi-family development depicted on the site plan:5.to require approval by ordinance of any amendments to the SUP, the attached site plan, and the elements described in Section 3 below, including those referenced in conditions 1, 2, and 3. Recommendation 20 File ID: S19-0003 12/17/19 Eight (8), three-story buildings, one amenity center/clubhouse, and nineteen (19) accessory Two Hundred forty-eight (248) dwelling units are specified, with a density of 20.15 dwelling units per No fewer than four hundred and sixty (460) parking spaces are required. The site plan specifies a total of 67% lot coverage (359,570 square feet of impervious surface) and Open spaces areas (Plazas) to include a minimum of 12 seating spaces. 1.structures.2.acre. 3.4.33% landscape area (174,859 square feet).5. Recommendation Theattachedsiteplan,landscapeplan,andsamplebuildingelevationsprovidedinExhibits6-8specifythefollowing,whichwillbeincorporatedasrequirementsoftheSUPordinance.Staffshallhavetheabilitytoapproveareductio ninthelotcoverage,anincreaseinthelandscapearea,andadecreaseinthenumberofdwellingunitswithassociatedparkingbyanyamount.Staffshallhavetheabilitytoapproveincreasesupto,andincluding,5%ofanyoftheamountssp ecifiedinrequirements2-4,providedallapplicablerequirementsoftheDDCaremet.Increasesgreaterthan5%willrequireanewapplicationandapprovalbyordinance. 21 File ID: S19-0003 12/17/19 A minimum of eight (8) dog waste stations installed in the open space areas.Seventy-one (71) large-and medium-canopy trees planted along the southern boundary.The sample building elevations specify a neutral color palette with balconies or patios in 100% of the 6.7.8.dwelling units. Architectural details such as awnings, decorative wall lighting, and a variety of recesses and projections provide changes in relief, and the appearance of the stairwells is minimized from the exterior of the buildings. Final building elevations should reflect these details and colors and be in compliance with DDC 35.13.13.2. Recommendation MINUTES PLANNING AND ZONING November 20, 2019 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on Wednesday, November 20, 2019 at 5:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Vice-Chair Margie Ellis. Commissioners: Mat Pruneda, Ronnie Anderson, Brian Beck, and Jason Cole. ABSENT: Chair Andrew Rozell. Commissioner Tim Smith. STAFF: Scott McDonald, Richard Cannone, Hayley Zagurski, Julie Wyatt, Cynthia Kirchoff, Jerry Drake, Ron Menguita, Karina Maldonado, Mark Laird, Sean Jacobson and Cathy Welborn. Vice-Chair Ellis opened the Work Session at 5:07 p.m. Vice-Chair Ellis stated Chair Rozell will be absent from the meeting and Commissioner Smith is currently absent. Vice-Chair Ellis stated Public Hearing item 4B has been pulled from the agenda, it will be re- noticed and placed on the December 11, 2019 agenda. WORK SESSION 1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may include a full briefing on an item in the order it appears on the regular session agenda. Any such briefing will be repeated in regular session. Vice-Chair Ellis asked the Commission if there were any questions regarding the Consent Agenda. Commissioner Beck had questions regarding the Consent Agenda items 2A and 2B. Hayley Zagurski, Senior Planner, and Cynthia Kirchoff, Deputy City Attorney, provided clarification. Commissioner Smith arrived. Hayley Zagurski, Senior Planner, presented item for individual consideration 3A. Zagurski stated due to the shot clock bill this item is being recommended for denial due to the zoning not being in place. A discussion followed. Mark Laird, Associate Planner, presented Public Hearing item 4A. Julie Wyatt, Senior Planner, presented Public Hearing item 5C. A discussion followed. Julie Wyatt, Senior Planner, presented Public Hearing item 5D. A discussion followed. Vice-Chair Ellis called a recess at 6:10 p.m. Vice-Chair Ellis reconvened the Work Session at 6:16 p.m. Hayley Zagurski, Senior Planner, presented Public Hearing item 5E. Vice-Chair Ellis closed the Work Session at 6:33 p.m. REGULAR MEETING Vice-Chair Ellis opened the regular meeting at 6:51 p.m. The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, November 20, 2019 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: PRESENT: Vice-Chair Margie Ellis. Commissioners: Mat Pruneda, Ronnie Anderson, Brian Beck, and Jason Cole. ABSENT: Chair Andrew Rozell. STAFF: Scott McDonald, Richard Cannone, Hayley Zagurski, Julie Wyatt, Cynthia Kirchoff, Jerry Drake, Ron Menguita, Karina Maldonado, Mark Laird, Sean Jacobson and Cathy Welborn. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag Vice-Chair Ellis clarified agenda items. Vice-Chair Ellis stated Public Hearing items 4B and 4E have been removed from the agenda and will be re-noticed for the December 11, 2019 meeting. Vice-Chair Ellis stated the General Development Plat is being heard but staff is recommending denial. 2. CONSENT AGENDA Commissioner Brian Beck motioned to for the two Consent Agenda items be moved to Items for Individual Consideration. Motion seconded by Commissioner Jason Cole. Motion carried 5-1-1. A YES (5): Vice-Chair Margie Ellis. Commissioners: Brian Beck, Jason Cole, Ronnie Anderson and Mat Pruneda. NAYS (1): Commissioner Tim Smith. RECUSED (0): None ABSENT (1): Chair Andrew Rozell. ABSTAINED (0): None Items pulled for Individual Consideration A. Consider a request by Glory of Zion International Ministries Inc. for a Preliminary Plat for the Windsor 35 Addition. The approximately 31.001-acre site is generally located on the north side of West Windsor Drive and east of the I-35 frontage road in the City of Denton, Denton County, Texas. (PP19-0016, Windsor Apartments, Hayley Zagurski). Commissioner Brian Beck motioned to approve Consent Agenda 2A. Motion seconded by Commissioner Mat Pruneda. Motion carried 5-1-1. A YES (5): Vice-Chair Margie Ellis. Commissioners: Tim Smith, Jason Cole, Ronnie Anderson and Mat Pruneda. NAYS (1): Commissioner Brian Beck. RECUSED (0): None ABSENT (1): Chair Andrew Rozell. ABSTAINED (0): None B.Consider a request by Denton Independent School District for a Preliminary Plat of the Bonnie Brae High School Addition. The approximately 151.9-acre site is generally located on the southwest corner of North Bonnie Brae Street and Riney Road in the City of Denton, Denton County, Texas. (PP19-0006, Bonnie Brae High School Addition, Julie Wyatt) Commissioner Ronnie Anderson motioned to approve Consent Agenda 2B. Motion seconded by Commissioner Tim Smith. Motion carried 5-1-1. A YES (5): Vice-Chair Margie Ellis. Commissioners: Tim Smith, Jason Cole, Ronnie Anderson and Mat Pruneda. NAYS (1): Commissioner Brian Beck. RECUSED (0): None ABSENT (1): Chair Andrew Rozell. ABSTAINED (0): None 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider a request by Ken Newman Properties LLC and Aerie Castle Investments LLC for a General Development Plan for the Ryan Way subdivision. The approximately 36.66-acre site is generally located on the north side of Ryan Road, approximately 120 feet east of Monte Carlo Lane in the City of Denton, Denton County, Texas. (GDP19-0002, Ryan Way, Hayley Zagurski). Hayley Zagurski, Senior Planner, presented Item for Individual Consideration 3A. Commissioner Tim Smith motioned to approve the denial for Item for Individual Consideration 3A. Motion seconded by Commissioner Mat Pruneda. Motion carried 6-0-1. A YES (6): Vice-Chair Margie Ellis. Commissioners: Brian Beck, Tim Smith, Jason Cole, Ronnie Anderson and Mat Pruneda. NAYS (0): None RECUSED (0): None ABSENT (1): Chair Andrew Rozell. ABSTAINED (0): None 4. PUBLIC HEARINGS A. Hold a public hearing and consider a Final Replat of Lots 1R2, 2R, 6R, 7R5, and 17 Block 1, Golden Triangle Addition; being a replat of Lot 7R4, Block 1, Golden Triangle Addition. The approximately 34.329-acre property is located at the northern most corner of the intersection of Loop 288 and I-35E in the City of Denton, Denton County, Texas. (FR19- 0012, Golden Triangle Addition, Mark Laird). Vice- Chair Ellis opened the Public Hearing. Mark Laird, Associate Planner, presented Public Hearing item 4A. Commissioner Mat Pruneda motioned to approve Public Hearing item 4A. Motion seconded by Commissioner Tim Smith. Motion carried 6-0-1. A YES (6): Vice-Chair Margie Ellis. Commissioners: Brian Beck, Tim Smith, Jason Cole, Ronnie Anderson and Mat Pruneda. NAYS (0): None RECUSED (0): None ABSENT (1): Chair Andrew Rozell. ABSTAINED (0): None Vice-Chair Ellis closed the Public Hearing. B. Hold a public hearing and consider making a recommendation to City Council regarding a request by Evolving and Pedcor Investments, LLC on behalf of the property owner for a Specific Use Permit to allow a multi-family development. The 15.34-acre site is generally located on the northwest corner of Duchess Drive and Loop 288 in the City of Denton, Denton County, Texas. (S19-0012, Denton Grove Apartments, Karina Maldonado) Public Hearing item 4B have been pulled from the agenda. C. Hold a public hearing and consider making a recommendation to City Council regarding a request by Oxford at Sherman Drive, LLC for a Specific Use Permit to allow for a Multifamily Dwelling use on approximately 12.33 acres. The property is generally located on the north side of Poinsettia Boulevard, approximately 945 feet east of East Sherman Drive in the City of Denton, Denton County, Texas. (S19-0003, Oxford at Sherman Drive, Julie Wyatt) Vice-Chair Ellis opened the Public Hearing. Julie Wyatt, Senior Planner, presented Public Hearing item 4C. A discussion followed. Vice-Chair Ellis closed the Public Hearing. Commissioner Tim Smith motioned to approve Public Hearing item 4C with staff recommendations. Motion seconded by Commissioner Mat Pruneda. Motion carried 6-0-1. A YES (6): Vice-Chair Margie Ellis. Commissioners: Brian Beck, Tim Smith, Jason Cole, Ronnie Anderson and Mat Pruneda. NAYS (0): None RECUSED (0): None ABSENT (1): Chair Andrew Rozell. ABSTAINED (0): None D. Hold a public hearing and consider making a recommendation to City Council regarding a request by Pundari Pothini for a zoning change from R2 District to R4 District. The 2.61 acre site is generally located east of Mockingbird Lane, approximately 133 feet south of Audra Lane, in the City of Denton, Denton County, Texas. (Z19-0012, Mockingbird, Julie Wyatt) Vice-Chair Ellis opened the Public Hearing. Julie Wyatt, Senior Planner, presented Public Hearing item 4D. A discussion followed. The following individuals spoke during the Public Hearing: Amiee Bissett, 212 S Elm Street, Denton, Texas 76201. Supports the request. Jason Faigle, 212 S Elm Street, Denton, Texas 76201. Supports the request. Jose Montoya Jr., 3008 Beverly Drive, Denton, Texas 76209. Opposed to the request. Teddi Williams, 3204 Anysa Lane, Denton, Texas 76209. Opposed to the request. B.J. Edwards, 2000 Audra Lane, Denton, Texas 76208. Opposed to the request. Carrol Coulter, 2913 Howard Court, Denton, Texas 76209. Opposed to the request. Tim Randolph, 2021 Audrea Lane, Denton, Texas 76209. Opposed to the request. Cody McElroy, 1208 Allen Court, Denton, Texas 76209. Supports the request. Chair-Vice Ellis read into the record the following: Rhealyn Samuelson, 3305 Anysa Lane, Denton, Texas 76209. Opposed to the request. Dalores Montoya, 3008 Beverly Drive, Denton, Texas 76209. Opposed to the request. Vice-Chair Ellis closed the Public Hearing. Commissioner Tim Smith motioned to approved Public Hearing item 4D with staff recommendations. Commissioner Smith stated the reason for his approval is because he believes the density is not too indifferent from the surrounding properties. Commissioner Smith continued to state from driving and living in the area, adding nine houses will not add traffic burdens, and if a specific use permit does come back before the Commission they would not approve the use of any kind of multifamilydue to the surrounding uses in the area. Vice-Chair Ellis stated she is unable to agree to the zoning change without providing protection to the neighborhood. Commissioner Tim Smith motioned to approve Public Hearing item 4D with staff recommendations. Motion seconded by Commissioner Mat Pruneda. Motion carried 4-2-1. A YES (4): Commissioners: Tim Smith, Jason Cole, Ronnie Anderson and Mat Pruneda. NAYS (2): Vice-Chair Margie Ellis. Commissioners: Brian Beck RECUSED (0): None ABSENT (1): Chair Andrew Rozell. ABSTAINED (0): None E. Hold a public hearing and consider making a recommendation to City Council regarding a request by Ken Newman Properties LLC and Aerie Castle Investments LLC for a zoning change from Residential 2 (R-2) to a Planned Development (PD) District. The 36.6-acre site is generally located north of Ryan Road, approximately 120 feet east of Monte Carlo Lane, in the City of Denton, Denton County, Texas. (PD19-0003, Ryan Way, Hayley Zagurski). Public Hearing item 5E had been removed from the agenda. 5. PLANNING & ZONING COMMISSION PROJECT MATRIX A. Hold a discussion regarding the Planning and Zoning Commission project matrix. Richard Cannone, Deputy Director of Development Services, provided an update regarding City Council items and the matrix. Commissioner Beck agreed to adding additional language to the notifications. Vice-Chair Ellis requested an update and future plans for Mockingbird Lane. Vice-Chair Ellis also requested for staff to include future traffic plans in their presentations. Vice-Chair Ellis closed the Regular Meeting at 8:12 p.m. ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR A MULTIFAMILY DWELLING USE ON APPROXIMATELY 12.33 ACRES OF LAND, GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA BOULEVARD, APPROXIMATELY 945 FEET EAST OF EAST SHERMAN DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S19-0003, Oxford at Sherman) WHEREAS, Cody Crannell, on behalf of the property owner, Oxford at Sherman Drive, LLC, has applied for a Specific Use Permit (SUP) to allow for a multi-family residential use on approximately 12.33 acres, within the Suburban Corridor (SC) zoning district and use classification, as described and shown in Exhibit A the Property); and WHEREAS, on December 11, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and afforded full and fair hearings and to all property owners interested in this regard, recommended approval \[7-0\] of the requested SUP, subject to conditions; and WHEREAS, on December 17, 2019, the City Council hereby finds that the request is consistent with the 2030 Denton Plan and federal, state, and local law, and that the Applicant has agreed to comply with all provisions of the Denton Devel may be amended, or in the future arising, including but not limited to, this Ordinance, and has further agreed to comply with the additional restrictions and conditions set forth herein; and WHEREAS, the City Council has determined that it will be beneficial to Denton and its citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or health; and that the SUP should be granted; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The SUP to allow the multi-family residential use on the Property as shown on the Site Plan attached and incorporated herein as , is hereby approved, subject to the following conditions: A. Landscaping. Landscaping in the attached landscape plan reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. B. Light Fixtures. Parking area light fixtures can be determined at building permit, but may not exceed 14 feet in height, must be full cutoff and downcast fixtures, and shall maintain an average illuminance value of no less than two foot-candles. C. Fencing. Perimeter fencing materials are limited to masonry or wrought iron. Any wrought iron perimeter fencing along Poinsettia Boulevard must be accompanied with a continuous leafy, evergreen hedge at least three feet in height at maturity. D. Alternative Development Plan. Within 30 days of City Council approval of this Ordinance, an Alternative Development Plan as outlined in Section 31.13.5 of the 2002 DDC must be approved to deviate from the following design standards for multi-family development depicted on the site plan: 1. A project greater than 3 acres must contain a public or private street system. Private Streets shall be required to include sidewalks of at least 5-feet, a 5-foot wide planting area between the curb and the sidewalk, and street trees planted at a rate of one for every 45 linear feet of frontage, but public street setbacks shall not apply (Section 35.13.13.2.A.2 of the 2002 DDC). 2. Accessory structures such as carports, garages and storage units may not be located along public right-of-way (Section 35.13.13.2.A.1.i of the 2002 DDC). SECTION 3. The multi-family residential use allowed by the SUP on the Property, depicted on the site plan, landscape plan, and building elevations and materials included in Exhibit B, requires the following elements, which are hereby incorporated into this Ordinance: A. Eight (8), three-story buildings, one amenity center/clubhouse, and nineteen (19) accessory structures. B. Two Hundred fourteen (248) dwelling units are specified, with a density of 20.15 dwelling units per acre. C. No fewer than four hundred and sixty (460) parking spaces are required. D. The site plan specifies a total of 67% lot coverage (359,570 square feet of impervious surface) and 33% landscape area (174,859 square feet). E. Open spaces areas (Plazas) to include a minimum of 12 seating spaces. F. A minimum of eight (8) dog waste stations installed in the open space areas. G. Seventy-one (71) large- and medium-canopy trees planted along the southern boundary. H. The sample building elevations specify a neutral color palette with balconies or patios in 100% of the dwelling units. Architectural details such as awnings, decorative wall lighting, and a variety of recesses and projections provide changes in relief, and the appearance of the stairwells is minimized from the exterior of the buildings. Final building elevations should reflect these details and colors and be in compliance with Section 35.13.13.2 of the 2002 DDC. SECTION 4. Administrative Modifications. The Development Services Director or designee may administratively approve the following modifications: A. A reduction in the lot coverage, an increase in the landscape area, and a decrease in the number of dwelling units with associated parking by any amount. B. Increases greater than 5% of any of the amounts specified in requirements B, C, and D in Section 3, provided all applicable requirements of the DDC are met. Page 2 of 4 C. Notwithstanding the limited administrative approvals authorized for conditions A, B, and C in Section 2, the City reserves the right to require approval by ordinance of any amendments to the SUP, the attached site plan, and the elements described in Section 3 above, including A, B, and C, provided all applicable requirements of the DDC are met. SECTION 5. Failure to Comply. Except as otherwise stated above, all terms of the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance will result in the SUP being declared null and void, and of no force and effect. The SUP is issued to the entity named above runs with the land, and is assignable and transferable to subsequent owners of the Property. SECTION 6. SUP Regulations. Upon notice to the property owner and a hearing before the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions imposed by this Ordinance that has not been met or has been violated on the Property; or 2. The SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and/or Denton's Zoning Ordinance. SECTION 7. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation to make use of the above-referenced Property in some manner other than as authorized by the Denton Codes of Ordinances and this Ordinance. SECTION 8. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 9. Penalty. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. SECTION 10. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. Page 3 of 4 EXHIBIT A Legal Description and Location Map SITUATED in the City of Denton, in the Samuel McCracken Survey, Abstract No. 817 of Denton County, Texas and being all of that certain called 12.313 acre tract of land described in a Warranty Deed With Vendor's Lien to 1601 N. Loop 288, LLC., recorded on May 7, 2018 in Document No. 2018-51153, Deed Records, Denton County Texas (D.R.D.C.T.) and being more particularly described by metes & bounds as follows: BEGINNING at a ½ inch iron rod found at the southeast corner of the above described 12.313 acre tract and on the west line of Harvest Hill, and addition to the City of Denton, according to the Final Plat thereof, recorded in Document No. 2017-487, Plat Records, Denton County, Texas (P.R.D.C.T.) and same being the northeast corner of Beverly Park Estates, Phase III, an addition to the City of Denton, according to the Amending Plat thereof, recorded in Cabinet W, Page 628, P.R.D.C.T. and said point also being on the north right-of-way line of Poinsettia Boulevard (65' wide right-of-way at this point); THENCE: North 89 deg. 13 min. 24 sec. West (Reference Bearing), along the common line of said 12.313 acre tract, Beverly Park Estates and Poinsettia Boulevard, a distance of 1,046.16 feet to a ½ inch iron rod, topped with a red plastic cap, stamped "RPLS 4701 ", found for the southwest corner of sold 12.313 acre tract and same being the southeast corner of Lot 1, Block A of Palladium Denton Addition, an addition to the City of Denton, according to the plat thereof, recorded in Document No. 2018-202, P.R.D.C.T.; THENCE: North 00 deg. 20 min. 24 sec East, departing from said Poinsettia Boulevard, along the common line of said 12.313 acre tract and said Lot 1, Block A, a distance of 82.97 feet to a 1/2 inch iron rod, topped with a red plastic cap, stamped 4701", found for an angle corner; THENCE· North 30 deg. 07 min. 33 sec East, continuing along said common line, a distance of 381.53 feet to a ½ inch iron rod, topped with a red plastic cap, stamped "RPLS 4701", found for an inside ell corner of said 12.313 acre tract and the northeast corner of said Lot 1, Block A; THENCE: South 89 deg. 19 min. 44 sec. West, continuing along said common line, a distance of 147.90 feet to a 3/4 inch iron rod found for the northerly southwest corner of said 12.313 acre tract and same being the easterly line of that certain called 10.00 acre tract of land described in a deed to Tuna 288, L.P., recorded in Document No. 2009-12106, D.R.D.C.T.; THENCE: North 29 deg. 07 min. 50 sec. East, departing from said Lot 1, Block A, along the common line of said 12.313 acre and 10.00 acre tracts, and a distance of 384.50 feet to a 1/2 inch iron rod found for the most easterly corner of said Tuna 288 tract, on the southerly right-of-way line of Loop 288 (variable width right-of-way) for the most northerly northwest corner of said 12.313 acre tract; THENCE: South 64 deg. 50 min. 25 sec. East, along the common line of said 12.313 acre tract and Loop 288, a distance of 331.94. feet to a concrete right-of-way monument (broken) found for corner; THENCE: South 57 deg. 48 min. 52 sec. East, continuing along said common line, a distance of 400.14 feet to a concrete right-of-way monument (broken) found for corner; THENCE: South 59 deg. 34 min. 24 sec. East, continuing along said common line, a distance of 215.97 feel to a 1/2 inch iron rod, topped with a plastic cap, stamped '"RPLS 3963", found for the northeast corner of said 12.313 acre tract and same being the northwest corner of the above described Harvest Hill addition; THENCE: South 02 deg. 01 min. 33 sec. West, departing from said Loop 288, along common line of said 12.313 acre tract and Harvest Hill addition, a distance of 297.83 feet to the POINT OF BEGINNING and containing 536,325 square feet or 12.313 acres of land. EXHIBIT B Site Plan, Landscape Plan, and Sample Building Elevations (Attached)