City Manager’s Office 215 E. McKinney St., Denton, TX 76201 (940) 349-8307
MEMORANDUM
DATE: February 12, 2021 TO: The Honorable Mayor Hudspeth and Council Members FROM: Todd Hileman, City Manager SUBJECT: Staff Report
I. Council Schedule
A. Meetings
1. Community Development Advisory Committee on Monday, February 15, 2021 at 10:00 a.m. via video/teleconference – City Council Work Session Room. 2. Parks, Recreation and Beautification Board on Monday, February 15, 2021 at 3:00 p.m. via video/teleconference – City Council Work Session Room. 3. Work Session of the City Council on Tuesday, February 16, 2021 at 2:00 p.m. in the City Council Work Session Room followed by a Regular Meeting at 6:30 p.m. via video/teleconference – City Council Work Session Room. 4. Mobility Committee Meeting on Wednesday, February 17, 2021 at 9:00 a.m. via video/teleconference – City Council Work Session Room. 5. Animal Shelter Advisory Committee on Wednesday, February 17, 2021 at 2:00 p.m. via video/teleconference – City Council Work Session Room. 6. Cancelled - Agenda Committee Meeting Wednesday, February 17, 2021 at 2:30 p.m. in the City Manager’s Conference Room. 7. Work Session of the Planning and Zoning Commission on Wednesday, February 17, 2021 at 5:00 p.m. followed by a Regular Meeting at 6:30 p.m. via video/teleconference – City Council Work Session Room. II. General Information & Status Update
A. Potential Impacts to Electric Grid – The ERCOT electric grid will be stressed as never before on Sunday and Monday as there is the potential for emergency conditions across the state. Record winter electric demand coupled with generation outages, and very low wind generation and solar output on Sunday and Monday are likely to lead to calls for energy conservation measures that, if not effective, could result in ERCOT
OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service deploying emergency procedures across the entire ERCOT grid. Denton Municipal Electric (DME) has requested customers to take measures to conserve energy especially in the early morning and evenings on Sunday and Monday. DME has taken all appropriate measures to meet the requirements of its membership in ERCOT. Further information can be found here. Staff contact: Tony Puente, Utilities
B. Solid Waste Service Day Changes – On Wednesday, February 17, Solid Waste services delivered to the approximate 1700 residents of the of the Ryan Ranch, Oaks of Montecito, River Oaks, and Chaucer Estates neighborhoods will move from a Tuesday service delivery day to Wednesday. Residents of these neighborhoods received a letter outlining the change, neighborhood association were contacted, social media posts were made on the City’s channels, and signs outlining the change were placed in the neighborhood. Customer services stands ready to respond to questions that may arise during the transition. Staff Contact – Brian Boerner, Solid Waste
C. Eviction and Foreclosure Moratoriums & Financial Assistance Resources – Eviction Moratorium A federal eviction moratorium issued by the Centers for Disease Control (CDC) is in effect until March 31. Under this Order, a landlord cannot evict for nonpayment of rent any covered person from any residential property in any U.S. state or U.S. territory where the Order applies. Evictions may still occur for other reasons.
To utilize the CDC eviction moratorium protection, a renter must provide a completed and signed copy of Residential Declaration Form to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. For more information about the CDC Eviction Moratorium and how to utilize this protection, visit the Department of Housing and Urban Development’s (HUD) website (https://www.hud.gov/program_offices/public_indian_housing/covid_19_resources).
Foreclosure Moratoriums A foreclosure moratorium on USDA Single Family Housing Direct and Guaranteed loans (SFHDLP and SFHGLP) is in effect through March 31. Additionally, the Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac (the Enterprises) extended the moratoriums on single-family foreclosures and real estate owned (REO) evictions until March 31. The foreclosure moratorium applies to Enterprise-backed, single-family mortgages only. The REO eviction moratorium
2 applies to properties that have been acquired by an Enterprise through foreclosure or deed-in-lieu of foreclosure transactions.
The Department of Housing and Urban Development (HUD) has HUD-approved Housing Counselors available to discuss options with homeowners having trouble paying their mortgage. https://www.hud.gov/program_offices/housing/sfh/hcc
Financial Assistance Resources Locally, the below nonprofit agencies have resources available to assist Denton households at-risk of losing their housing. Eligibility criteria for available funding have been outlined in previous Friday Report updates. Giving Hope, Inc. – Emergency Solutions Grant CARES Act (ESG-CV) funding Grace Like Rain – ESG-CV funding Salvation Army Denton (linked) – ESG-CV funding United Way of Denton County, Inc. – Texas Emergency Rental Assistance Program (TERAP); Texas Eviction Diversion Program (TEDP)
Denton County Commissioners Court continues to finalize program details with the United Way of Denton County (UWDC) for the $20.3 million of rental and utility assistance made available to Denton County through the Consolidated Appropriations Act. UWDC expects to begin the program the week of February 22. Staff will share more information once received.
The Texas Department of Housing and Community Affairs (TDHCA) created the Texas Rent Relief Program (with funding from the Consolidated Appropriations Act) to help renters with the following costs starting as far back as March 13, 2020 (this means renters could potentially request assistance for up to 11 months of past due bills): Past due, current and up to 3 months of expected rent costs Past due, current or up to 3 months of expected utility and home energy expenses After the initial 3 months of forward assistance, you can apply for 3 additional months of assistance if funds are still available
To qualify for the Texas Rent Relief Program, households must: Have an income at or below 80% of the Area Median Income (AMI), as defined by TDHCA. AND One or more of the tenant household members have: o Qualified for unemployment benefits; OR o Attest in writing that due to or during the pandemic, they: . Experienced a reduction in household income, . Incurred significant costs, or . Experienced financial hardship AND Households must also demonstrate they: o Are at risk of homelessness or housing instability by providing an eviction notice or past-due utility or rent notice; OR o Live in unsafe or unhealthy housing conditions
3 The unit they are renting must be their primary residence and be located within the State of Texas. Any unpaid rent or utility bills they apply for can go no further back than March 13, 2020.
More information about the Texas Rent Relief Program is available online (https://texasrentrelief.com/) or by phone (1-833-989-7368) between 8 a.m. and 6 p.m. CST.
Staff Contact: Courtney Cross, Community Services
D. Southeast Denton Community Meeting on Infrastructure Improvements – A significant amount of roadway reconstruction in the Southeast Denton Neighborhood will occur as part of the 2019 Bond Residential Street Reconstruction Program. Staff is currently coordinating with the project’s design firm, Freese and Nichols, to finalize the scope and design of Southeast Denton street segments included in the Residential Street Reconstruction Program. Staff plans to take a holistic approach to making improvements to the Southeast Denton Neighborhood and has identified additional potential improvements that could be made in conjunction with the planned roadway construction, such as the addition of sidewalks and streetlights. To obtain feedback from the community, staff has scheduled a virtual community input session for Thursday, February 25 at 6:00 p.m. The attached letter was mailed on Thursday, February 11 to 1,215 residents and property owners. Information about the meeting is also posted online at www.cityofdenton.com/virtualcommunitymeeting and to the neighborhood’s NextDoor account. In preparation for the February 25 meeting, staff developed an online Community Improvement Assessment Survey for residents to provide feedback on infrastructure priorities. A link to the survey is included in the attached letter and can be found online at: www.bit.ly/southeastdenton. Additionally, staff will meet with leadership from the Southeast Denton Neighborhood Association on February 17 to discuss plans and obtain feedback on how best to structure the February 25 Community meeting. Residents that are interested in attending the virtual meeting need to submit an email request with their name, contact number and email address to [email protected] to receive a meeting link. Staff contact: Stephanie Yates, Public Affairs/Rachel Wood, Capital Projects
E. Improvement to North Lakes Recycle Center – Improvements to the North Lakes Park were recently completed. Automatic Drop-arm gates were installed at the park entrance in an attempt to limit site access afterhours and, hopefully, curb the illegal dumping occurring at the site. Additionally, high definition video cameras with night vision technology were placed at the North Lakes Recycle Center to monitor site operations throughout the day. These cameras are capable not only of transmitting in real time to desktop computers and cell phones, but holding recording for future evaluation. The resolution of the cameras will allow staff to capture license plate numbers of site violators with the hope of future prosecution, as appropriate. Staff Contact – Brian Boerner, Solid Waste
F. Residential Asbestos Surveys – Currently, the City of Denton does not require asbestos surveys for demolition or remodels of single-family residences. Federal law and State law under TAC Subchapter 295.34 only require municipalities to review
4 asbestos surveys for public or commercial buildings and specifies the building owner is the party primarily responsible for asbestos compliance. The EPA excluded residential buildings from asbestos survey/abatement requirements based on a National Academy of Sciences’ Report which stated that single-family residential structures contain only small amounts of asbestos insulation. Staff believes the requirement of asbestos surveys for single-family residences would be burdensome to residents. The national average price of an asbestos survey is around $493, but the price depends on the area to be surveyed. If remediation is required following a survey, then this could be thousands of dollars in remediation that could increase the cost of the demolition by 20 percent or more. In addition, there is limited amounts of asbestos in single family residences (primarily exterior siding), comparatively, to older commercial properties. The risk of exposure is also with smaller single family residences because siding demolition occurs externally to the building. Staff contact: Charlie Rosendahl, Development Services
G. Comprehensive Solid Waste Management Strategy Online Survey – One week remains for residents and businesses to provide comments on the City of Denton’s Comprehensive Solid Waste Management Strategy Online Survey. The survey will run through February 28.
As of February 11, 504 people have provided input and 64 have volunteered to participate as a member of the community “Focus Group/Think Tank.” This information will serve as a springboard for council and committee consideration, discussion, and direction. Staff Contact – Brian Boerner, Solid Waste
H. Charah Solutions Completes Acquisition of TMPA’s Gibbons Creek Steam Electric Station – The attached details the closing of the sale of the Gibbons Creek Station by Charah Solutions. Staff contact: Tony Puente, Utilities
I. Shuttered Venue Operators Grant (SVOG) FAQs – Although the Small Business Association (SBA) is not yet accepting applications for the SVOG program, SBA has provided guidance and FAQs to prepare businesses determine their eligibility, help them prepare documents and information that will be requested, and provide guidance on how the funds can be used. The FAQs are attached. Staff contact: Jessica Rogers, Economic Development
J. Comprehensive Plan Update – City staff recently began the process of updating the City’s Comprehensive Plan. Earlier this month, documents and data were provided to Matrix Design Group, the consultant assisting in the update, to prepare a Citywide Assessment Report. This report will be used to assess current conditions and to establish a baseline for which recommendations will be established. To gain a clearer understanding of the local issues and expectations for the Comprehensive Plan update, Matrix will be conducting stakeholder interviews and focus group meetings later this month. In the next couple of days, staff will be coordinating interviews with stakeholders, which include City Council members. Matrix will also host the first of two virtual Community Workshops to educate attendees about what a Comprehensive Plan is, what it is not, Denton’s existing conditions, and to gather input on challenges and opportunities facing the community. The date and time of the Workshop has not
5 yet been determined. Once determined, staff will advertise and promote the event though multiple public outreach efforts. Staff Contact: Ron Menguita
K. Police Department Complaint Demographics– During the February 1 City Council meeting, Council Member Armintor requested information on the race, ethnicity, and gender identity of external and internal complainants to the Denton Police Department. Please see the attached demographic breakdown of complaints received in 2020. Staff Contact: Bobby Smith, Police
L. Pre-emergent at Avondale Park – On January 31, Council Member Armintor asked how often playgrounds need pre-emergent. She also inquired about what organic pre- emergent the Parks and Recreation Department could use in place of Oxidiazon; something that is safe for children to play on and doesn’t require a warning sign at all.
PARD decided that using Oxadiazon SC at Avondale Park and other parks to be the most feasible and least toxic way to proceed. Per the IPM, staff considered an organic treatment first (corn gluten meal). However, that option had many issues. It was cost- prohibitive, the results would be questionable given the other options available, and the park would not meet PARDs or citizens’ expectations of an attractive, safe park. It costs around $1,570 to buy the chemicals to treat Avondale Park. The organic option would cost an estimated $4,300. These costs are for product only and don’t reflect the significantly higher labor and equipment use costs for the organic option. Therefore, PARD recommended using a non-organic herbicide.
This particular pre-emergent, Oxadiazon SC, is very effective across a broad spectrum of pest weeds. It also has the lowest signal word, Caution, on the EPA range. This was determined to be the most cost effective and least toxic choice. The re-entry interval of Oxadiazon SC is when “sprays have dried” and is not 24 hours. PARD listed 24 hours on the placarding in the parks as an added safety measure. Furthermore, Park Maintenance broadcast sprays after park hours to reduce the impact on park usage.
PARD did commit during the new IPM process to discontinue using all chemical products within the playground area, which is anything within the fall zone border. Each playground within the park system has a fall zone with a concrete perimeter border to contain the engineered wood fiber mulch.
PARD has been working with Non-Toxic Neighborhoods (NTN) to conduct a second pilot project at Avondale Park, but COVID-19 delayed the project. Staff is in communication with NTN to get this pilot project effort started again.
On June 16, 2020, City Council approved the Integrated Pest Management Plan (IPM) implementation. Because IPM programs apply a holistic approach to pest management decision-making, they take advantage of all appropriate pest management options, including, but not limited to, pesticides. The citizen IPM panel helped formulate the program with all of Denton’s citizen’s and staff’s safety in mind. The chemical list was reviewed and approved by this same panel. Staff contact: Marshall McGee, Parks and Recreation
6 M. Event Approvals – Per Governor Abbott’s Executive Order GA-32, any outdoor gathering of ten people or more, other than those set forth in his order, are prohibited unless the Mayor approves the gathering, and such approval can be made subject to certain conditions or restrictions not inconsistent with GA-32.
An online form is available for residents to request mayoral approval for gatherings prohibited under GA-32 at www.cityofdenton.com/outdooreventrequest.
Proposed approved events are required to provide COVID-19 safety precautions, and those requirements are included with an approval letter signed by the Mayor. Approvals are additionally contingent upon the following: All individuals must wear a face covering in accordance with GA-29 as amended, preempted, or superseded; The event must be in compliance of all requirements of GA-32 as amended, preempted, or superseded; Sufficient staff or volunteers are available to implement the event’s COVID- 19 safety precautions; and All individuals should maintain six feet of separation from others outside the individual’s group. A group is defined as no more than ten persons including the members of the household and those persons who traveled together to the event.
This quarter, a total of six event requests were submitted to, and approved by, Mayor Gerard Hudspeth: January 18– Martin Luther King Jr. Day Celebration (MLK Recreation Center), Approved February 7 – Private funeral repast (North Lakes Park) February 25 – Paranormal Cirque (North Texas Fairgrounds) April 10 – Walk for Life (South Lakes Park) May 1 – Cross Timbers Church Hope Center 5K Run (North Lakes Park) May 1 – Quad States Senior Open Pickleball Tournament (Robson Ranch)
Staff contact: Jennifer Eusse, Parks and Recreation
N. Denton Animal Support Foundation Supplies New Dog Beds – The Denton Animal Support Foundation (DASF) granted Animal Services 87 new Kuranda dog beds. The Kuranda dog beds are state of the art and elevated off the ground, allowing the animals to maintain a clean and comfortable living area while at the shelter. DASF generously supplied enough beds to replace any existing old or broken beds and allow for a new comfortable bed in every kennel throughout the shelter. Pictured are two dogs, Boyd and Lil Jay, who are available for adoption and enjoying their new beds. Staff contact: Julien Peralta, Animal Services
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O. Valentine’s Yard Cards – Parks and Recreation was excited to offer a new service for residents to celebrate Valentine’s Day safely this year. In lieu of the annual My Little Valentine family dance, Parks and Recreation offered residents an opportunity to play the role of Cupid and send a bit of love to friends and family within city limits. Deliveries of Valentine’s themed yard signs (i.e., yard cards), balloon bouquets, and chocolates began February 7 and continue through February 14. Pricing varied from $10-$15 with optional add-on purchases. PARD staff began spreading love one week early by making surprise deliveries to several senior community members. While the Denton Senior Center has been closed for the pandemic, staff members wanted to share some cheer with residents. The response from the community has been so gracious and positive. Former Councilmember Dalton Gregory and his wife Donna were among the recipients of a surprise yard card and loved it so much that they quickly scheduled deliveries for their grandchildren.
This new opportunity has proven to be so popular that the department will offer yard cards for the upcoming Easter holiday. Registration opens in March. PARD hopes to hop by to more homes this spring! Photos attached. Staff contact: Jennifer Eusse, Parks and Recreation
III. Upcoming Community Events and Meetings
A. Events
1. Southeast Denton Virtual Community Input Meeting - Thursday, February 25 at 6:00 p.m. Residents that are interested in attending the virtual meeting must submit an email request with their name, contact number and email address to [email protected] to receive a meeting link. Residents are encouraged to sign up to attend the virtual meeting at least 24 hours in advance to receive the meeting link. 2. Black History Month Virtual Celebration – Saturday, February 27 hosted virtually by MLK Jr. Rec Center. The virtual program will focus on the theme of “The Black Family: Representation, Identity, and Diversity,” and the speaker is Mr. T. Mohair. The Denton Parks and Rec Facebook page will show the program. Please note the date did change from February 13 to February 27. Staff contact: Cheylon Brown, Parks and Recreation
8 IV. Attachments
A. Attachment A – TDHCA Texas and Denton Rent Relief Flyers ...... 10 B. Attachment B – Press Release on Gibbons Creek Sale ...... 12 C. Attachment C – SE Denton Community Input and Meeting ...... 15 D. Attachment D – Complaint Demographics 2020 ...... 17 E. Attachment E – Shuttered Venue Operators Grants ...... 18
V. Informal Staff Reports
A. 2021-010 Denton Drinking Water Quality ...... 26 B. 2021-011 Planned Reopening for Library and PARD ...... 28
VI. Council Information
A. Council Requests for Information ...... 31 B. Council Calendar ...... 33 C. Draft Agenda for February 16 ...... 36 D. Future Work Session Items ...... 41 E. Street Construction Report ...... 42
9 LANDLORDS & RENTERS Are you or your tenants behind on rent?
The Texas Rent Relief What costs does the program cover? The Texas Rent Relief Program can help renters Program is here to help. with the following costs starting as far back as March 13, 2020: COVID-19 has a ected Texans across the state. We have emergency funds available to help Past due, current and up to 3 months Texas renters pay current and past due rent of expected rent costs and utility bills. Past due, current and up to 3 months of expected utility and home energy expenses Both landlords and tenants can apply – even if After the initial 3 months of forward the landlord has already sued for eviction in assistance, you can apply for 3 additional their local court. months of assistance if funds are still available Households must have incomes at or below 80% of the Area Median Income and meet other For Information and to Apply eligibility requirements. For full details, visit TexasRentRelief.com. 833-9TX-RENT Accepting applications beginning Toll Free 833-989-7368 February 15th TexasRentRelief.com 8 a.m. CST Assistance is available in multiple languages.
Texas Coronavirus Relief Bill Rental Assistance Program administered by the Texas Department of Housing and Community A airs. Providing false, incomplete, or inaccurate information on application forms or seeking assistance for months in which assistance has been or will be provided, may result in up to 5 years of imprisonment and for each occurrence a fine of up to $10,000. | Other program limitations and eligibility requirements apply, not all households may be eligible. See TexasRentRelief.com for details. | Funds may no longer be available by the time a household applies. 10 Are you in danger of eviction for nonpayment of rent? You may be eligible for rental and/or utility assistance from one of the agencies listed below. In-person applications offered by appointment only.
Giving hope, inc. Online: www.hopeincdenton.com/get-help Phone: (940) 382-0609 In-Person: By appointment from 9 to 11 a.m., Monday - Friday. Call (940) 382-0609 to schedule an appointment. Service Area: All of Denton County. GRACE LIKE RAIN Online: www.gracelikerainministries.org/need-help Phone: Applications not accepted by phone. In-Person: By appointment from 9:30 a.m. to 3:30 p.m., Monday - Friday. Email [email protected] to schedule an appointment. Service Area: All of Denton County. Only serves families with dependents. SALVATION ARMY DENTON Online: www.ntx.sahelp.org Phone: (940) 566-3800. Apply by from 9 a.m. to 9 p.m., Monday - Friday. In-Person: By appointment from 9 a.m. to 4 p.m., Monday - Friday. Call (940) 566-3800 to schedule an appointment. Service Area: All of Denton County. CHRISTIAN COMMUNITY ACTION
Online: www.ccahelps.org/gethelp Phone: (972) 219-4305. Applications not accepted by phone. Call for assistance with your online application. In-Person: By appointment from 9 to 11 a.m. and 1 to 3 p.m., Monday - Friday. Call (972) 219-4305 to schedule an appointment. Service Area: Argyle ISD, Coppell ISD, Carrollton Farmer’s Branch ISD (Denton County Portion), Frisco ISD, Lake Dallas ISD, Lewisville ISD, Little Elm ISD, and Northwest ISD.
NOTE: If you are in need of utility assistance only, you may also contact Interfaith Ministries of Denton at (940) 565-5479 or online at www.ifmdenton.org/i-need-help.
Collecting the documents below before you are screened REQUIRED DOCUMENTATION for assistance may help speed up the application process:
For Rental Assistance: Full copy of your lease AND resident ledger. Application does not guarantee assistance. For Utility Assistance: Copy of your utility bill. Identification: Driver’s License or Identification for every adult in the household; Birth Certificate or Social Security Card for every child in the household. Proof of Income: 2 most recent pay stubs; 3 months of bank statements for every adult in the household; Copy of any benefits received (SSI, SSDI,11 SNAP, etc.) City of Denton • ADA/EOE/ADEA • TDD (800) 735-2989 • www.cityofdenton.com • 12/20
Charah Solutions Completes Acquisition of TMPA’s Gibbons Creek Steam Electric Station and Reservoir for Remediation and Redevelopment of Property
Will Provide Turnkey Environmental Risk Transfer Services to Demolish Existing Power Plant, Remediate Existing Ash Ponds and Landfills and Redevelop Property
LOUISVILLE, KY (February 11, 2021) – Charah® Solutions, Inc. (NYSE: CHRA) (the “Company”), a leading provider of environmental services and byproduct sales to the power generation industry, today announced that it has completed its acquisition of the Texas Municipal Power Agency’s (TMPA) Gibbons Creek Steam Electric Station and Reservoir in Grimes County, Texas (“Gibbons Creek”) and will begin remediation and redevelopment of the property. TMPA, which was created to supply electricity on a wholesale basis to its member cities of Bryan, Denton, Garland and Greenville, operated Gibbons Creek from its construction in 1982 until 2018. The transaction was approved by the TMPA board and four member cities in a series of board meetings and city council meetings held throughout January.
As part of this agreement, Charah Solutions, through its subsidiary Gibbons Creek Environmental Redevelopment Group, LLC (GCERG), now owns the 6,166 acre area which includes the closed power station, the 3,500 acre reservoir, dam and spillway. GCERG will be responsible for the shutdown and decommissioning of the coal power plant as well as performing all environmental remediation work for the site landfills and ash ponds.
GCERG plans to redevelop the property in an environmentally conscious manner that will expand economic activity and benefit the surrounding communities through job creation, promotion of industry, support of the tax base, as well as restoring the property to a state that will enable it to be put to its best potential use. The existing power plant will be demolished and potential redevelopment uses for the property include solar, battery, and energy storage options which utilize the existing transmission system, maximization of the reservoir’s potential, re-use of the vast rail system, and other industrial uses. GCERG will also work with TCEQ to complete all environmental remediation required for the property and then will redevelop the remediated property within all zoning restrictions. The redevelopment of the property is expected to be completed within 36 months. It is planned that the Gibbons Creek Reservoir RV Park and campground will continue to operate.
As a sustainability leader in utility services for over 30 years, Charah Solutions is dedicated to preserving natural resources in an environmentally conscious manner through projects such as this with TMPA. Sustainability is a Charah Solutions core value, and the Company focuses its business on developing innovative solutions to complex environmental issues for the betterment of the planet, the communities in which it operates and its customers.
According to Scott Sewell, Charah Solutions President and CEO, “Our Environmental Risk Transfer services represent an innovative solution designed to meet the evolving and increasingly complex needs of our utility partners. Many utilities are experiencing an increased need to retire and decommission older or less economically viable generating assets while minimizing costs and maximizing the value of the assets and improving the environment. This is a perfect example of Charah Solutions providing a custom approach for these complex projects, as we are able to provide not only the environmental remediation expertise needed to meet regulations but redevelop the property while creating local jobs and lowering the cost for our utility partner. By matching the right potential buyers to the right assets, we plan to achieve the greatest possible outcome for the property and the surrounding communities.”
12 “GCERG has been working with TMPA for many months on this purchase and they have investigated many possibilities for the property’s future to maximize the value of the assets and improve the environment as well as contribute to the surrounding communities and the local economy,” said Bob Kahn, TMPA General Manager. “We are pleased to work with Charah Solutions to reduce the environmental risk and costs for TMPA and its member cities and ratepayers while redeveloping the plant and property to expand economic activity and support the tax base, including the Grimes County Schools.”
About Charah Solutions, Inc. With 30 years of experience, Charah® Solutions, Inc. is a leading provider of environmental services and byproduct sales to the power generation industry. Based in Louisville, Kentucky, Charah Solutions assists utilities to sustainably manage and recycle ash byproducts generated from the combustion of coal in the production of electricity. The Company also designs and implements solutions for ash pond management and closure, landfill construction, fly ash sales, and structural fill projects. Charah Solutions is the partner of choice for solving customers’ most complex environmental challenges, and as an industry leader in quality, safety, and compliance, the Company is committed to reducing greenhouse gas emissions for a cleaner energy future. For more information, please visit www.charah.com.
About Texas Municipal Power Agency Texas Municipal Power Agency (TMPA) is a municipally owned utility created by its member cities of Bryan, Denton, Garland and Greenville, Texas. In addition to Gibbons Creek, TMPA owns a lignite mine that is undergoing reclamation, and owns approximately 350 circuit miles of transmission lines (both 345 kV and 138 kV), 1 mile of 69kV transmission line, and 13 substations. For more information, please visit http://www.texasmpa.org.
Forward-Looking Statements This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. All statements, other than statements of historical facts, included in this press release that address activities, events or developments that the Company expects, believes or anticipates will or may occur in the future are forward-looking statements. These forward-looking statements are identified by their use of terms and phrases such as “may,” “expect,” “estimate,” “project,” “plan,” “believe,” “intend,” “achievable,” “anticipate,” “will,” “continue,” “potential,” “should,” “could,” and similar terms and phrases. These statements are based on certain assumptions made by the Company based on management’s experience and perception of historical trends, current conditions, anticipated future developments, and other factors believed to be appropriate. Such statements are subject to a number of assumptions, risks, and uncertainties, many of which are beyond the control of the Company, which may cause actual results to differ materially from those implied or expressed by the forward-looking statements. See the Company’s Form 10-K for the fiscal year ended December 31, 2019 and other periodic reports as filed with the Securities and Exchange Commission for further information regarding risk factors.
Any forward-looking statement speaks only as of the date on which such statement is made, and the Company undertakes no obligation to correct or update any forward-looking statement, whether as a result of new information, future events or otherwise, except as required by applicable law. ###
Investor Contact Roger Shannon Charah Solutions (502) 245-1353 [email protected]
Media Contacts Keaton Price Charah Solutions (502) 593-4692 [email protected]
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Bob Kahn TMPA General Manager (936) 873-1100 [email protected]
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Capital Projects/Engineering Department 215 E. McKinney St., Denton, TX 76201 940-349-8910
February 10, 2021
RE: Share Your Feedback on Street Improvements in Your Neighborhood and Notice of Virtual Community Meeting Thursday, Feb. 25 from 6:00-7:30 p.m.
Dear Resident or Property Owner:
We are contacting you to inform you of community input opportunities regarding infrastructure improvements and a virtual community meeting for a planned street reconstruction project in your area.
The City of Denton 2019 Bond Program, approved by voters in November 2019, provides funding for the design and reconstruction of aging street infrastructure throughout the City. A significant portion of the streets included in this program are located in or around your neighborhood (a map will be provided as part of the community meeting on Thursday, Feb. 25). Before the street segments are designed and scheduled for construction, City staff would like to receive community input on key priorities and potential additional improvements to be considered in addition to roadway reconstruction.
How to share your input on community improvements? To provide effective and sustainable community improvements, the City needs your input. Residents and property owners are encouraged to complete the Community Improvement Assessment Survey online at www.bit.ly/southeastdenton. If you are unable to complete the survey online, you may call Deputy Director of Capital Projects, Rachel Wood at 940.349.7718 to verbally respond to the survey. Online and call-in survey responses must be submitted no later than Monday, Feb. 22 by 5 p.m. This survey will outline the infrastructure priorities of the residents in the area. All survey responses will be carefully considered. A completed survey does not guarantee that all potential improvements will be implemented. Infrastructure improvements, in addition to the street reconstruction as outlined in the 2019 Bond Program, will be dependent on funding, constructability, among other considerations.
How to attend the Southeast Denton Virtual Community Meeting? The City will host the virtual community meeting on Thursday, Feb. 25 from 6:00-7:30 p.m. to provide residents and property owners the opportunity to: Overview the responses received from the Community Improvement Assessment survey; Share input with City staff on key priorities for infrastructure and street reconstruction in Southeast Denton; Receive information on available City resources for neighborhood and community improvements; Receive an update on the construction timeline for the 2019 Bond Street Rehabilitation Program Capital Improvement Project; and Address additional concerns from community members.
Staff from the City of Denton will be available to discuss the project and answer questions from those participating in the virtual meeting. The meeting will be hosted online using a remote format OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 15
Capital Projects/Engineering Department 215 E. McKinney St., Denton, TX 76201 940-349-8910
through the video-conferencing interface Zoom. Instructions on how to attend and participate in the virtual meeting is listed below. For more details on virtual community meetings, visit www.cityofdenton.com/virtualcommunitymeeting.
Virtual Community Meeting Information:
Date/Time: 6:00 P.M. on Thursday, Feb. 25, 2021
How to attend: Residents that are interested in attending the virtual meeting must submit an email request with their name, contact number and email address [email protected] to receive a meeting link. Residents are encouraged to sign up to attend the virtual meeting at least 24 hours in advance to receive the meeting link. Special accommodations: The City will provide select accommodations, such as sign language interpreters for the hearing impaired, if requested at least 48 hours in advance of the scheduled meeting. Please email [email protected] so accommodation requests can be reviewed and processed. Additional input opportunities: Contact Rachel Wood using the contact information below, if you are unable to attend the virtual community meeting and would like to submit a question or share your feedback with the City.
City of Denton Contact Information: Residents are welcome to contact City staff with any questions or concerns regarding the 2019 Street Rehabilitation Program Project, or the scheduled virtual community meeting.
For questions relating to the 2019 Capital Projects/Engineering Department Street Rehabilitation Program Rachel Wood, Deputy Director of Capital Projects Project: [email protected] 940-349-7718 To receive a meeting link to attend Public Affairs and Customer Service the virtual meeting, and request Stephanie Yates, Engagement Coordinator special accommodations: [email protected] 940-349-8116
Visit www.cityofdenton.com/2019bond for more information on the 2019 Bond Program.
OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 16
External and Internal Police Complaints January-December 2020 Please note: Since the Feb. 1 Council presentation, the remaining data from 2020 has reconciled and changed the number of external and internal complaints from 43 to 46 and 45 to 49, respectively. External Complaints: Race/Ethnicity Female Male Gender Unknown Total Black 3 6 0 9 Hispanic 5 2 0 7 White 10 8 0 18 Native American 1 0 0 1 Two or More Races 1 0 0 1 Unknown Race 5 2 3 10 Total 25 18 3 46
Internal Complaints: Most internal complaints (32 of 49) relate to a supervisor complaint of employee failure to adhere to work performance standards that do not directly involve a citizen or other employee. For example, the employee misses an assignment or completes a substandard work product thereby causing a supervisor complaint. In these cases, the race, ethnicity, and gender of each supervisor making the complaint are irrelevant, so these 32 complaints are not included in the data below. In 6 of the 49 complaints, the supervisor, through the internal review process, initiates a complaint on behalf of a citizen. The race, ethnicity, and gender of each citizen are provided here: Race/Ethnicity Female Male Gender Unknown Total Black 0 2 0 2 Hispanic 0 0 0 0 White 0 3 0 3 Native American 0 0 0 0 Two or More Races 0 0 0 0 Unknown Race 0 1 0 1 Total 0 6 0 6
In 11 of 49 complaints, a Police or Public Safety Communications employee complains of mistreatment by another employee. Examples include discourtesy and harassment. Information related to the complainant’s race/ethnicity and gender is provided: Race/Ethnicity Female Male Gender Unknown Total Black 2 0 0 2 Hispanic 1 0 0 1 White 5 3 0 8 Native American 0 0 0 0 Two or More Races 0 0 0 0 Unknown Race 0 0 0 0 Total 8 3 0 11
17 Shuttered Venue Operators Grants Frequently Asked Questions | Feb. 5, 2021
The Shuttered Venue Operators Grant (SVOG) program is Section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act) signed into law on Dec. 27, 2020. Following are answers as of Feb. 5, 2021, to frequently asked questions about the program. These will be updated as new information comes available and additional program details are finalized. Contents Eligibility ...... 1 All Applicants ...... 1 Museum or Movie Theatre Operator ...... 3 Live Venue Operator or Promoter ...... 3 Definitions ...... 4 Application ...... 5 Use of Funds ...... 6 Business Size/Employees ...... 6 Revenue ...... 7 Subsidiaries ...... 8
Eligibility All Applicants 1. What is an “eligible entity” for an SVOG? Eligible entities may be live venue operators or promoters, theatrical producers, live performing arts organization operators, museum operators, motion picture theatre operators, and talent representatives, per the Economic Aid Act. Additionally, entities of these types owned by state or local governments (for example, museums or historic homes) are eligible to apply if the governmentally-owned entity also acts solely as a venue operator, museum, etc. and not also include other types of entities. For example, a city parks and recreation department that operated a bandstand in a public square along with running various nature parks would not qualify as an eligible entity for an SVOG. Finally, each subsidiary business owned by an eligible entity that also meets the eligibility requirements on its own rights will qualify as an eligible entity.
2. When does a business have to have been established to be eligible to apply for an SVOG? The business must have been in operation as of February 29, 2020.
3. Is an entity not in business in 2019 but conducting business operations on Feb. 29, 2020 eligible to apply for an SVOG? Yes, if an entity was not in business during 2019 but was conducting business operations on Feb. 29, 2020, including incurring costs of necessary start-up, preparatory activities in the lead time before an anticipated opening date, it is eligible to apply if it can show the required earned revenue loss. In
18 situations like this, the SBA will use an alternative method for demonstrating revenue loss based on the approach the Agency is using with the PPP. Firms not in operation in 2019 may qualify for an SVOG if their gross earned revenues for the second, third, or fourth quarter of 2020 demonstrate a reduction of not less than 25% from their gross earned revenue for the first quarter of 2020. For firms that had commenced start-up operations but were unable to open as anticipated due to the pandemic, they would only be eligible under this alternate method if they had earned revenue in the first quarter of 2020 from sources such as advance ticket sales, merchandising, etc. Firms which had been conducting business operations and incurring expenses in 2020 in a pre-opening capacity but which had no earned revenue for the first quarter of 2020 would not be eligible to apply.
4. Is an entity that applied for and received a Paycheck Protection Program loan in July 2020 eligible to apply for an SVOG? Yes, if an entity applied and was approved for a PPP loan prior to Dec. 27, 2020, it is eligible to apply for an SVOG.
5. Is an entity that applied for a First Draw or Second Draw PPP loan on or after Dec. 27, 2020, eligible to apply for an SVOG? No. Both examples would not be eligible to apply for an SVOG unless and until the PPP loan application (whether First Draw or Second Draw) is declined.
6. Can an entity apply for a PPP loan now and decide later on the loan if it did not receive an SVOG? At what stage is a PPP loan considered “received”? No. Per the Economic Aid Act, as well as how the PPP loan system operates, entities cannot apply for a PPP loan and SVOG at the same time. Entities must make an informed business decision as to which program will most benefit them and apply accordingly. If an applicant is rejected by one program, it will then be eligible to apply for the other.
7. Is a mobile entity with no fixed performance space eligible to apply? No. Among other requirements, the Economic Aid Act requires a venue to have defined performance and audience spaces. If a particular venue, such as a circus, fair or entertainment business that provides talent at weddings/parties, cannot meet this requirement, it is not eligible to apply for an SVOG.
8. What disqualifies an entity from SVOG eligibility? The following types of circumstances would preclude an otherwise eligible firm from an SVOG: • It does not have a place of business located in the United States, does not operate primarily within the U.S., and does not make a significant contribution to the U.S. economy through payment of taxes or use of American products, materials or labor. • It was not in operation as of Feb. 29, 2020. • It applied and/or received for a PPP loan on or after Dec. 27, 2020. • It is a publicly traded corporation, or is majority owned and controlled by a publicly traded corporation. • It presents live performances or sells products or services of a prurient sexual nature. • More than 10% of its 2019 gross revenue came from the federal government (not counting disaster assistance) • It owns or operates venues, theatres, museums or talent agencies in more than one country,
19 owns or operates venues, theatres, museums or talent agencies in more than ten states, AND it had more than 500 employees as of Feb. 29, 2020. Museum or Movie Theatre Operator 1. Is a museum or movie theatre with a multipurpose room with movable seating eligible to apply? No. The Economic Aid Act specifically requires fixed seating for qualifying amphitheaters of museums and motion picture theatre operators and makes no allowance for temporary, removable, modular, convertible, or other non-fixed seating arrangements. As such, museums and motion picture theatre operators cannot satisfy this requirement with other forms of seating. NOTE: There is no fixed seating requirement for other types of eligible entities.
2. Is a museum or movie theatre with outdoor fixed seating eligible to apply? Yes. The Economic Aid Act does not require qualifying venues to be indoors. If the venue meets the applicable eligibility requirements, it should be eligible to apply for an SVOG.
3. Is a museum partially funded with state dollars eligible to apply? Yes. While there are specific eligibility rules for entities owned by state or local governments, the receipt of funding from a state government does not affect its eligibility.
4. Is a museum that received CARES Act funding eligible to apply? Yes. Per the Economic Aid Act, receipt of CARES Act funding does not disqualify an entity for SVOGs.
5. Is a drive-in movie theatre without fixed seating eligible to apply? No. Per the Economic Aid Act, a motion picture theatre operator must have at least one auditorium with a motion picture screen and fixed audience seating, so a drive-in movie theatre is not eligible to apply for an SVOG. Live Venue Operator or Promoter 1. Is a wedding/event venue eligible to apply? It is not likely. Per the Economic Aid Act and specific eligibility criteria applying to Live Venue Operators, it appears wedding venue operators would likely fail to meet multiple requirements (for example: sale of tickets, promotion of events to the public, defined audience and performing space, lighting rig, sound mixing equipment, employment of sound engineers, stage managers box office managers, etc.).
2. Is a sports stadium or venue used for concerts and other live, non-sport performances eligible to apply? It is not likely. While sports are not a form of performing art, if the operator of a sports stadium or similar athletic arena can meet the statutory definition of an eligible entity under the Economic Aid Act, including the requirement that its principal business activity must be the organization, promotion, management, or hosting of live concerts, comedy shows, theatrical productions or other events by performing artists, it should be eligible to apply for an SVOG.
3. Is a restaurant that features live music eligible to apply? No, if the principal line of business is restaurant operation rather than live venue operation, the business would not be eligible to apply.
20 4. Is a dinner theatre eligible to apply? It is possible. A dinner theatre could qualify if its principal business activity is the organization, promotion, management, or hosting of live concerts, comedy shows, theatrical productions or other events by performing artists, rather than restaurant operations, and meets all other applicable eligibility criteria.
5. Is a performing arts center owned and operated by a government, state college (as a college department) eligible to apply? Yes. State, county, and municipal government-owned entities, including colleges, may be eligible to apply for an SVOG.
6. Is a company that uses 1099 (independent contractor) workers/talent (vs. W2) eligible to apply? Yes. Per the Economic Aid Act, payments made to independent contractors as reported on an entity’s Form-1099 are an allowable use of grant funds. As such, an entity that used independent contractors would be eligible to apply for an SVOG.
7. We hire a lot of independent contractors for our events; as a subsidiary service provider for or at live venues and events, does this fit the talent placement eligibility? No, this does not fit the definition of a subsidiary, but rather defines a secondary service provider. The SBA does not believe a secondary service provider supplying support to qualifying venues meets any eligible entity definition.
8. Is a theatrical production management business with revenue generated by the production management eligible to apply (under the talent representative definition)? It is possible. A theatrical producer may be eligible to apply for an SVOG even if less than 70% of its revenue came from cover charges or ticket sales. Under the Economic Aid Act, it also may be eligible to apply if, as its principal business activity, it has production tickets available for public purchase an average of not less than 60 days before the performance date.
9. Is a talent agency that books actors at live venues, but does not operate a live venue, eligible to apply? It is possible. A talent agency may be eligible to apply if 70% of its operations is managing, booking or representing performers who appear primarily at live venues. If it is less than 70%, it is not eligible to apply for an SVOG.
Definitions 1. How is “principal business activity” being defined? The SBA is drawing from its years of experience in ascertaining a firm’s primary industry under the SBA size regulations (13 C.F.R. § 121.107) to define “principal business activity.” To determine a given firm’s principal business activity, the SBA will consider the distribution of an entity’s receipts, employees and costs of doing business among the different lines of business activity in which its business operations occurred for the most recently completed fiscal year. The SBA may also consider other factors, such as the distribution of patents, contract awards, and assets, as appropriate.
21 2. How is “majority owned or controlled” being defined? Across its various programs, the SBA defines majority ownership and control to mean that at least 51% of the ownership interests in an entity (regardless of its legal structure) are held by a single individual or entity.
3. How is “fixed seating” being defined as a requirement for museums and movie theatre operators? Fixed seating is seating permanently fixed to the floor or ground, per the Economic Aid Act.
4. How is “regular programming” being defined? While it may vary depending on the circumstances, generally the SBA is defining regular programming to mean programming provided on an ongoing and near-continuous basis of an average of at least four times a month over the course of a year in its qualifying theatre, lecture hall, or similar venue.
5. How are “cover charges” being defined? The SBA defines “cover charges” to encompass front door entrance fees, food or beverage minimums, or other similar charges required to gain admission to a venue, whether collected via ticket sales, addition to a tab, or direct payment.
Application 1. What can an entity do to get ready to apply? As the SBA works on building the application platform, it would be in your best interest to register for a DUNS number so you can then register in the System for Award Management (SAM.gov). Also, gather documents that demonstrate your number of employees and monthly revenues so you can calculate the average number of qualifying employees you had over the prior 12 months. Lastly, determine the extent of gross earned revenue loss you experienced between 2019 and 2020. This and additional information such as floor plans, contract copies and other evidence will be needed to apply for an SVOG.
2. Must applicants register in the System for Award Management (SAM.gov) or can they use other identifiers like ITINs or EINs to apply for an SVOG? SVOG applicants need to register with the federal government’s SAM at www.SAM.gov to apply and cannot use an Individual Taxpayer Identification Number, Employer Identification Number, or other means of identification or registration. Interested parties are encouraged to obtain a Dun and Bradstreet (DUNS) number (a prerequisite for SAM registration) as soon as possible. With a DUNS number, interested parties then should immediately begin registering in SAM.gov, as the SAM registration may take up to two weeks once submitted.
3. When will SVOG applications open? The SBA is working expeditiously to open SVOG applications and encourages you to stay up to date by frequently visiting www.sba.gov/coronavirusrelief for information.
22 Use of Funds 1. Can SVOG funds be used to refund customers still holding tickets for cancelled performances? Yes, it appears this type of cost would qualify under the Economic Aid Act as a necessary and ordinary business expense. As such, it should be an allowable use of grant funds to make refund payments to patrons for cancelled shows.
2. Can SVOG funds be used to reimburse an owner who loaned the business money to keep employees paid and operating expenses paid? Yes, if the loan was incurred before Feb. 15, 2020 and made on commercially reasonable terms and formally documented as a standard, ordinary debt instrument then payments made under that loan would seem to be an allowable expense of grant funds.
Business Size/Employees 1. How should an entity determine its employee count? For employee count, the SBA is drawing on the Economic Aid Act’s specific provisions re: the calculation of employees and decades of agency experience in counting employees under the SBA size regulations (13 C.F.R. § 121.106). Employees that work at least 30 hours per week are considered full-time. Employees that work between 10-29 hours per week are considered one-half of a full-time employee. Employees that work less than 10 hours per week are not considered an employee. Once the qualifying employees are determined, an entity must then calculate the average number of employees it had over the prior year by adding up the number of qualifying employees in each individual pay period and dividing that amount by the number of pay periods in that year.
For example, assume a firm paid its employees monthly and had the following number of qualifying employees each pay period:
Jan – 7.5 full-time employees Jul – 10 full-time employees Feb – 6 full-time employees Aug – 10 full-time employees Mar – 9.5 full-time employees Sep – 7 full-time employees Apr – 8 full-time employees Oct – 8.5 full-time employees May – 9.5 full-time employees Nov – 7 full-time employees Jun – 8.5 full-time employees Dec – 6 full-time employees
The sum of the firm’s full-time employees is 97.5. The firm would then divide 97.5 by 12 (the number of pay periods) to determine its average number of full-time employees was eight.
2. Which priority or phase is number of employees considered? There is no priority based on number of employees in the application process. Per the Economic Aid Act, the $2 billion small employer set-aside for those with 50 employees or less is a separate aspect of the awarding process from the priority periods.
3. Are institutions of more than 500 employees eligible to apply for an SVOG if they meet other eligibility criteria? Yes, if they do not operate in either more than 10 states or another country.
23 Revenue 1. How are “earned revenue” and “gross earned revenue” being defined by the SBA? As required by the Economic Aid Act, the SBA is defining earned revenue and gross earned revenue (the two terms in the law) in accordance with common principals of the accrual method of accounting. Using this, only monies organizations receive from the sale of goods or services are counted as earned revenue. This commonly accepted definition of earned revenue does not include other sources of funds that an organization may receive, such as donations, sponsorships, governmental assistance, or returns on investments. Gross earned revenue is the total of earned revenue from various sales of goods or services, such as admission tickets, merchandise, food and beverages, advertising sales and contracted presentation income.
2. Are donations / contributions included in gross earned revenue? Only earned revenue should be included in calculations of gross earned revenue. Unearned revenue, including donations and other gratuitous contributions, such as foundation grants, corporate sponsorships and individual gifts, should not be included.
3. Are fundraising event receipts considered gross earned revenue? In dealing with fundraising events, the SBA will follow the same general principles applied to tax deductions for donations to charities. This means that the portion of the amount an individual pays in connection with a fundraising event which represents the estimated value of the good or service they receive in exchange must be included in gross earned revenue. However, that portion of the amount such an individual pays that exceeds the estimated value of the good or service they receive will be considered a donation and is not included in gross earned revenue.
For example, if a ticket to a fundraising dinner costs $100 per person and the estimated value of the dinner provided is $50, then $50 of the funds generated from the fundraising ticket would be considered gross earned revenue and the other $50 would be considered a donation and would be excluded from gross earned revenue.
4. Does a non-profit count contributions and grants revenue? No. Both contributions and grants revenue would be excluded from an organization’s earned revenue. However, the SBA will take into account an organization’s Federal grants revenue to determine whether it meets the eligibility limit of having no more than 10% of its gross revenue from Federal sources, not including disaster assistance.
5. Does a non-profit count membership revenue? Yes and no; like fundraising, the portion of membership cost that represents the estimated value of the goods or services provided as a condition of membership should be included in gross earned revenue. The portion of a membership cost that exceeds the estimated value of the goods or services provided as a condition of membership is considered a contribution and excluded from gross earned revenue.
24 6. Our business provides talent representation and financial services for athletes and entertainers. For the SVOG would we use our total revenue for the grant amount or just the portion of our sales from talent representation services? You would use your gross earned revenue from all sources, but you would also need to satisfy the requirement that your principal line of business is talent representation versus financial services.
7. What is included in the 10% maximum for federal grants/funding? The 10% maximum for federal grants/funding covers everything regardless of the use of the grant/funding except disaster assistance.
8. Is rental income from tenants and income from renting the venue for private events counted as earned revenue? Yes, rental income from longer-term tenants and from short-term rentals for event hosting should be included in earned revenue because they derive from standard commercial transactions for the paid use of facilities.
Subsidiaries 1. For entities with subsidiaries, does each entity need to meet the eligibility criteria independently? No. For entities with multiple subsidiaries, the parent entity must meet the eligibility criteria, but each subsidiary does need to meet the criteria independently. If a subsidiary wants to apply for its own SVOG in its own name, it must meet the eligibility requirements. Each entity is looked at independently if it’s a separate legal entity under a parent organization and each location would need to meet its individual requirements to be eligible to apply. Per the Economic Aid Act, subsidiary entities that qualify for an SVOG will not be treated as affiliates of their parent entity or one another.
2. How are shared expenses across affiliated organizations treated? Assuming an entity with subsidiaries (parent) shares costs with its subsidiaries, the parent’s shared costs (or allocated costs to subsidiaries) remain as such, and the parent should keep records to show that all expenses claimed under the grant served grant purposes. If a subsidiary is eligible to apply for and applies for its own grant, only the portion of the shared cost that the subsidiary pays can be paid for by the SVOG should it be received.
3. Are there limits on the number of affiliates that can receive an SVOG or the total between them? Yes, a maximum of five business entities related via affiliation (for example, one parent firm and four subsidiaries) can receive an SVOG. In addition, an eligible museum, and all other museums it operates as subsidiaries may receive no more than $10 million combined under the program.
4. Is there any SBA guidance or information on affiliation I can use to help me understand these affiliation issues? Yes, the SBA has a general guide to business affiliation principles that may clarify this. The guide can be found at https://www.sba.gov/document/support-affiliation-guide-size-standards.
25 Date: February 12, 2021 Report No. 2021-010
INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL
SUBJECT: Denton Drinking Water Quality
EXECUTIVE SUMMARY:
On February 4, 2021, a post on social media contained a link to the EGW’s Tap Water Database was noticed by a City employee. The EGW Database suggests that the City of Denton’s tap water contains chemical constituents that are above EGW’s recommended levels.
The chemical constituents referenced are, for the most part, chemical byproducts associated with the disinfection processes used at the City’s water production facilities. These processes are used on a world-wide basis to ensure that pathogenic organisms are inactivated, and the water is safe for human consumption.
DISCUSSION:
A recent post on social media discussing the EGW Tap Water Database was noticed by a City employee on February 4, 2021. The post shares a link to the EGW Tap Water Database which suggests that the City of Denton’s tap water may have certain chemical constituents that are above the benchmarks set by EGW. It should be noted that the regulated chemical constituents and their levels in the City’s tap water are considerably lower than the standards set by Federal Regulations and are deemed safe for human consumption. While the discussion on the post has not taken any negative tone, the City’s Water Utility Department is taking this opportunity to provide information on this topic.
The EWG Database indicates that 11 of 31 total chemical constituents exceed the Health Guidelines that are arbitrarily set by EWG. A review of the 11 chemical constituents revealed that one contaminant mentioned, Nitrate, is the end product of nitrogen fertilizers being used in the watershed while the other 10 contaminants are disinfection byproducts (DBPs) created as a result of using regulatory mandated disinfectants to inactivate pathogens (organisms that can cause illness) that could be present in the source water. Of the 10 DBPs, bromate, is created when water that naturally contains bromide is disinfected with ozone. Ozone is a very strong oxidant which both City of Denton water production plants use as a primary disinfectant. Two of the chemical constituents mentioned, total trihalomethanes (TTHMs) and haloacetic acids (HAAs) are totals of the seven remaining chemical constituents created during secondary chlorine disinfection when chlorine reacts with naturally occurring organic matter in the source water: TTHMs: o Bromochloromethane o Bromoform o Chloroform o Dibromochloromethane
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Date: February 12, 2021 Report No. 2021-010
HAAs: o Bromochloroacetic Acid o Dibromoacetic Acid o Dichloroacetic Acid
The following graph shows the 5-year average data for the chemical constituents discussed and compares them against the current State-mandated limits:
80 5 Year Average vs TCEQ Regulation TCEQ Regulatory Limit (RL) 5 Year Average 70
60
50
40
30 85% Lower Concentration (ppb) Concentration 20 90% Lower Than RL 96% Lower 10 82% Lower Than RL Than RL Than RL 0 Bromate HAAs Nitrate (mg/L) TTHMs Chemical Constituents
It is worth noting that the City of Denton and much of North Texas rely solely on surface water for their drinking water supply. Surface water sources contain naturally occurring organic matter from animals, plants and other sources that will oxidize and turn into the compounds mentioned above. The City of Denton’s water treatment processes are regulated and approved by the TCEQ and are designed to remove organic matter and consequently minimize the DBP precursors. However, it is nearly impossible to remove all of it, especially in such a large quantity treatment operation. The portion that is not removed, will react during the disinfection process to create DBPs. Similar disinfection processes are used in nearly every water production plant around the world to ensure safe drinking water.
The City of Denton’s water quality is tested on a daily basis to ensure it is compliant with all State and Federal regulations and the risks, if any, posed by these chemical constituents are vastly outweighed by the health benefits associated with a properly disinfected water supply.
STAFF CONTACT: Hector Ortiz – Superintendent of Water Production [email protected] (940) 349-7526
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Date: February 12, 2021 Report No. 2021-011
INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL
SUBJECT: Denton Public Library & Parks and Recreation Phased Openings Resuming in May
BACKGROUND: After consulting with City leadership and Denton County, the Parks and Recreation Department and the Library Department both decided to postpone opening additional facilities until May 1, when COVID-19 cases should be significantly lower and higher numbers of community members have immunity through vaccination availability. Staff will continue to maintain current programs and facility openings while expanding outdoor programming.
Parks and Recreation staff had previously presented a tentative date of March 1 for the next phased reopening of programs and facilities. Denton Public Library is currently in Phase 2 of their phased reopening plan.
DISCUSSION:
Denton Public Library Denton Public Library has been following a phased COVID-19 reopening plan. The Library is currently providing services identified in Phase 2: Critical Core Services of the reopening plan. The Library moved to Phase 3: Adjusted Core Services in Fall 2020 at two locations but moved back to Phase 2 at all library locations in late November 2020.
Currently the Library is in 2021-Phase 2: Critical Core Services, which includes the following: Contactless curbside hold pickup Monday-Saturday from 10 a.m.-5 p.m. Public computer or laptop internet station appointments (up to two hours per day) Copy and fax service appointments 3D printing requests and pick-up Interlibrary Loan services Virtual classes & events Virtual, phone, and e-mail assistance Curbside pickup of 2020 Summer Reading Challenge materials upon request —New! Homebound services to senior living centers - Newly reinstated! Evening curbside hold pickup hours—Coming Soon! Appointments for 30-minute Grab & Go browsing and self-serve check out—Coming Soon!
Starting May 2021, the Library plans to return to Phase 3. In Phase 3: Adjusted Core Services, the Library will offer the following services: Walk-in 30-minute Grab & Go browsing and self-serve checkout Walk-in access to library computers or laptop internet workstation tables with time limits
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Date: February 12, 2021 Report No. 2021-011
North Branch drive-up hold pick-up. Curbside hold pick-up at Emily Fowler Central Library and South Branch ceases. Limited quick-answer reference and computer assistance with social distancing Addition of small-scale in-person programming in addition to virtual classes and events 3D printing requests and pick-up Interlibrary Loan services Some furniture, rooms, or areas may remain unavailable in compliance with safety guidelines A gradual expansion of library service hours
Recreation Centers North Lakes Recreation Center reopened in June 2020, and MLK Jr. Recreation Center opened in September 2020. Both centers will remain open with modified hours and programs. Beginning March 1, staff will expand outdoor programing. Denia Recreation Center and Denton Senior Center remain closed, with a tentative opening date of May 1. Summer camp and facility rentals are also projected to begin in May.
Aquatics Since the start of the school year in August, the Denton Natatorium has hosted the DISD high school swimming program. The aquatics program resumed lap swimming, water walking, scuba, and water therapy programs in October 2020. The aquatics program offerings will expand in May to include lap swimming, private swimming, and limited admission for public swimming. Summer programming should resume regular leisure opportunities at the Natatorium and Civic Center Pool. The sprayground at Carl Young Sr. Park will open May 15 and operate through the end of September. Water Works Park is expected to reopen with regular summer hours on Memorial Day weekend. The capacity of facilities will be dependent on Governor's orders.
Athletics Athletics is delaying all indoor sports (youth/adult volleyball and basketball) to begin in May 2021. Athletics plans to expand outdoor program offerings that will begin in March 2021. These programs include a TAAF State Adult Flag Football tournament the weekend of March 13-14, golf scrambles, ultimate frisbee, soccer, and cornhole leagues. The department will continue to offer the outdoor programs provided in Fall 2020 such as softball, flag football, kickball, golf/tennis lessons, and clinics.
Beautification, Education & Event Services (BEES) BEES will continue to offer limited outdoor programming and volunteer opportunities, in addition to virtual education classes. Staff resumed park pavilion rentals for funeral repasts on February 6, and will now expand pavilion rentals to allow for groups of ten or fewer. Staff will continue to process requests for special events with ten or more attendees that require approval by the Mayor. Beginning May 1, the Denton Civic Center plans to reopen with modified hours and services.
All programs and events are subject to change. Staff contact: Jennifer Bekker, Denton Public Library and Gary Packan, Parks and Recreation
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Date: February 12, 2021 Report No. 2021-011
CONCLUSION: Both departments will maintain the current level of programming, while looking for ways to safely interact with residents. However, upon advice of Denton County and City leadership, the next phase of reopening facilities will not resume until May 2020.
STAFF CONTACT: Jennifer Bekker, Denton Public Library Gary Packan, Parks and Recreation
REQUESTOR: Staff initiated
PARTICIPATING DEPARTMENTS: Denton Public Library Denton Parks and Recreation Public Affairs
STAFF TIME TO COMPLETE REPORT: Total: 2 hours
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2/12/2021 2021 Council Request Launchpad - Smartsheet.com
FY 20/ 21 Council Requests
Open Requests Requests Answered by Department FY All Time Request Volume by 20/21 Council Person
Requests made by Quarter
Total Open Elected Official Some requests involve multiple departments, causing the Requests total requests by department to add up higher than the Submit New total request count 6 Request
31 https://app.smartsheet.com/b/publish?EQBCT=bad5ed0da18740a595153ae72b67c370 1/1 Policy and Worksession Requests
Council Member Requestor Date Summary of Request Staff Assigned Department Comments Council Member Armintor 01/31/21 how often pre-emergent is generally needed in playgrounds and why, as well as what what organic Gary Packan Public Works -Parks Information will be provided in a future Friday Report pre-emergent alternatives to Oxidiazon could be used in playgrounds instead, organic alternatives 1 that are safe for children to play on and don't require a warning sign at all. Can staff ask the Dirt Doctor or Non-Toxic Neighborhoods for their recommendations on organic alternatives, if we're still working with either or both of them? Council Member Armintor 01/31/21 like to formally request that City Council approve changing all forms of "he or she," "him or her," "his Sarah Kuechler City Manager's Office This request will be presented during a future Pending Council or hers" in city policy to the grammatically appropriate form of they/them/theirs in any city Request work session documents, written policies, and laws that can be changed without a Charter change. This change would not only make our city policies and documents more inclusive and welcoming to current and 2 future residents, taxpayers, workers, and business owners who use they/them/theirs pronouns and identify as non-binary, it would also help to move us forward into the 21st century as a modern, diverse, and inclusive city with more accuracy than "his or hers" constructions, since there are no city policies that apply only to people who use "his or her" pronouns and exclude people who identify as non-binary or use they/them/theirs pronouns. Council Member Armintor 02/01/21 can someone please find out for me how many individual new homes (i.e. not part of subdivisions) Richard Cannone Development Services Information will be provided in a future Friday Report have been built in EJ 1 in the past 5 years, how many subdivisions have been built in ETJ 1, and 3 how many of those individual new homes not part of subdivisions were under non annexation agreements? Council Member Armintor 02/04/21 I'd like a staff report on what Texas cities can do to put caps on campaign spending and fundraising Sarah Kuechler City Manager's Office Information will be provided in a future Friday Report for city election campaigns, including a list of which Texas cities have caps and what their caps are. The dollar amount fundraised and spent in local elections has been increasing exponentially in 4 recent years, and this has become a matter of public interest and concern. At the very least, Council and the public should know more about what other Texas cities have done in this area and what our options are so that we can decide whether or not we want to enact campaign financing caps for Denton city elections as well. Mayor Pro Tem Davis 02/08/21 Can we install bolt-down pylons on the center line of Bonnie Brae, just North of University, to Becky Diviney Public Works-Traffic Information will be provided in a future Friday Report 5 prevent left-hand turns in and out of the Torchy's entrance? Mayor Hudspeth 02/09/21 Can staff analyze the Ft. Worth program where they build affordable housing on City-owned Dani Shaw Community Services Information will be provided in a future Friday Report 6 property
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February 2021 Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 9:00 am COE 10:00 am Community Cancelled‐Traffic Safety CANCELLED - 8:30 a.m. DEDC Cancelled - 12:00 p.m. DDTIFZ Engagement Meeting Commission 11:30 am No.1 11:30 am Council 2:00 pm CC Work Session 12:00 pm Bond Committee Luncheon 6:30 pm CC Regular DCRC 1pm Session Cancelled ‐ 2:30pm
Agenda Committee
CANCELLED-5:00pm P&Z
7 8 9 10 11 12 13 11:00 a.m. EDPB 9:00 am PUB 2:00 pm 2nd Tuesday Cancelled ‐ 2:30pm 11:00 am – AAB 12:00 pm Council Retreat Session Agenda Committee 3:00 pm Audit/Finance 2:00 p.m. Library Board Cancelled - HLC 3pm Cancelled-5:30 pm - AAB
14 15 16 17 18 19 20 Community Dev Adv Comm 10am 2:00 pm CC Work Session 9:00 am Mobility Committee 6:30 pm CC Regular Meeting 3:00pm Parks, Rec, Beau Session Animal Shelter Advisory 2pm Cancelled ‐ 2:30pm Agenda Committee 5:00pm P&Z
21 22 23 24 25 26 27 9:00 am PUB 10:00 am - CAC 3:00 pm Board of Ethics 2:00 pm 4th Tuesday Session
28
33 March 2021 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 9:00 am COE 2:00 pm CC Work Session 11:30 am Traffic Safety 8:30 a.m. DEDC 6:30 pm CC Regular Commission Session 11:30 am Council 10:00 am Community Luncheon Engagement
7 8 9 10 11 12 13 9:00 am PUB No Council Meeting 11:00 a.m. EDPB 3:30 p.m. Library Board 5:30 pm - AAB
14 15 16 17 18 19 20 2:00 pm CC Work Session 9:00 am Mobility Committee 3:00 pm CoPwD 6:30 pm CC Regular Meeting Session 9:00 Community Partnership Committee
21 22 23 24 25 26 27 9:00 am PUB 10:00 am - CAC 12:00 p.m. TIRZ No.1 2:00 pm 4th Tuesday Session
28 29 30 31 No Council Meeting
34
April 2021 Sun Mon Tue Wed Thu Fri Sat 1 2 3 8:30 a.m. DEDC
4 5 6 7 8 9 10 9:00 am COE 2:00 pm CC Work Session 11:30 am Traffic Safety 3:30 p.m. Library Board 6:30 pm CC Regular Commission Session 11:30 am Council Luncheon
11 12 13 14 15 16 17 9:00 am PUB 2:00 pm 2nd Tuesday 11:00 a.m. EDPB Session 5:30 pm - AAB
18 19 20 21 22 23 24 2:00 pm CC Work Session 9:00 a.m. Mobility Committee 9: 00 Community Partnership 6:30 pm CC Regular Meeting Committee Session
25 26 27 28 29 30 9:00 am PUB 10:00 am - CAC 2:00 pm 4th Tuesday Session
35 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council
Tuesday, February 23, 2021 3:00 PM Council Work Session Room
SPECIAL CALLED MEETING
WORK SESSION BEGINS AT 3:00 P.M. IN THE COUNCIL WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia Johnson, Connie Baker, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session and meeting via video/teleconference.
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Due to COVID-19 precautions, members of the public will not be able to attend the February 23, 2021, City Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card – On February 19, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes of the Meeting, as applicable.
OR
Page 1 Printed on 2/11/2021 36 City Council Meeting Agenda February 23, 2021
• By phone – Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item, no matter the method. • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, February 23, 2021, at 3:00 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 Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call.
2. Requests for clarification of agenda items listed on this agenda.
3. Work Session Reports A. ID 21-080 Receive a report, hold a discussion, and give staff direction regarding an update on the 87th Session of the Texas State Legislature B. ID 21-227 Receive a report, hold a discussion, and give staff direction regarding an audit follow-up of COVID-19 Response: Disaster Reimbursements. C. ID 20-2320 Receive a report, hold a discussion, and give staff direction regarding the naming applications for parks and trails as submitted by residents, local developers and the Parks and Recreation Department. D. ID 20-2531 Receive a report, hold a discussion, and give staff direction regarding the proposed prioritization and implementation of the City’s Capital Improvement Projects. E. ID 20-2275 Receive a report, hold a discussion, and give staff direction on pending City Council requests for information for:
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Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific item(s) 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: -- PLACEHOLDER IN THE EVENT A CLOSED MEETING IS NEEDED; OTHERWISE, WILL BE DELETED. -- 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 for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the completion of the Work Session, the City Council will convene in a Special Called Meeting to consider the following items:
1. 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 Agenda (Agenda Items A – E). 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 21-202 Consider adoption of an ordinance authorizing the City Manager to execute a Water and Wastewater Main Cost Participation Agreement between the City of Denton, Texas and Sagebrook Denton General LLC, for the City’s participation in the oversizing of wastewater mains and in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. (In the not-to-exceed amount of $216,000.00). B. ID 21-252 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a contract with Bryan & Sons Locksmith, Inc., to provide locksmith services for various City of Denton
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departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 7356 - awarded to Bryan & Sons Locksmith, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $150,000.00). C. ID 21-255 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a contract with Jagoe-Public Company, for the construction of the Lake Forest Park Pond and Dam Rehab project for the Parks and Recreation Department; providing for the expenditure of funds therefor; and providing an effective date (IFB 7518 - awarded to Jagoe-Public Company, in the not-to-exceed amount of $3,021,706.94). D. ID 21-256 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a contract with Enviromatic Systems of Fort Worth, Inc., through the Buy Board Cooperative Purchasing Network Contract # 631-20, for the acquisition, repair, and maintenance of building management system controls on heating, ventilation, and air conditioning systems for City buildings; providing for the expenditure of funds therefor; and providing an effective date (File 7535 - awarded to Enviromatic Systems of Fort Worth, Inc., in the not-to-exceed amount of $2,000,000.00). E. ID 21-258 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a contract with Techline Inc., for the purchase of Roll Duct, PVC conduit, fittings, and accessories to be stocked in the City of Denton Warehouse for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (IFB 7573 - awarded to Techline Inc., in the one (1) year not-to-exceed amount of $1,400,000.00).
2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 21-133 Consider approval of a resolution of the City of Denton adopting the 2020-2021 City Council priorities of the City of Denton for the fiscal year beginning on October 1, 2020 and ending on September 30, 2021; and providing an effective date. B. ID 21-267 Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Airport Advisory Board, Animal Shelter Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Development Advisory Committee, Health & Building Standards Commission, Historic Landmark Commission, Human Services Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Traffic Safety Commission, and Zoning Board of Adjustment.
3. CONCLUDING ITEMS
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A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted. C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the 19th day of February, 2021 at ______
______CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
Page 5 Printed on 2/11/2021 40 FUTURE WORK SESSION ITEMS MATRIX As of February 11, 2021
Currently Slated Work Session Items Meeting Date24-Nov
2612 24 -- FebJan 2021 AffordableCityInternal Council Audit Housing 2020 - Utility Committees Meter Reading TaxETJ UpdateHousing Credit 2021 May General & June Runoff Council Retreat Council Requests
Loop 288 Building Agreement / MOU DCRC Discussion Fire Department Update 16 - Feb 2021 21-056 21-136 21-231
Audit follow-up of COVID-19 Capital Project CIP Update Legislative Update Policy for Naming of Parks Response: Disaster Reimbursements Council Requests 23 - Feb 2021 20-2531 21-080 20-2320 21-227 20-2275
Police Department Student Resource 1 - March 2021 Joint DISD Meeting Officer Program Council Requests Luncheon TBD 21-239 20-2385
Internal Audit Follow-Up - Accounts COVID-19 Update Mosquito Abatement Policy Payable Council Requests 2 - March 2021 20-1886 TBD 21-228 20-2386 9 - March 2021 No Meeting
Parkland Dedication & Development Internal Audit - Utility Payment B&C Handbook (Including Attendance Follow-Up - Loop 288 Building Ordinance Assistance Program Policy) Agreement / MOU Council Requests 16 - March 2021 21-109 20-2554 21-271 TBD 20-2387
Fund Balance Policy (General Fund, Certified Agenda Process for Closed Municipal Court Payments Audit 20-21 Utilities Budget and Rates Internal Service Fund, Utilities Meetings Council Requests 23 - March 2021 20-2553 20-2261 20-2394 21-207 20-2388 30 -March 2021 No Meeting
5 - April 2021 Council Requests Luncheon 21-188 Council Requests 6 - April 2021 21-189 Council Requests 13 - April 2021 21-190 Council Requests 20 - April 2021 21-191 Council Requests 27 - April 2021 21-192
Economic Development Incentive Stormwater Master DME Solar Programs Construction Code Review (TBD) 20-2529 July 27 20-1661
Delegated Authority Redistricting Update LED Lighting and Birds session TBD June/July 2021 Date TBD Work Sessions Planned - Planned Sessions Work
41 Street Closure Report Upcoming Closures Week of February 15, 2021 - February 21, 2021 Closure Closure Upcoming Public Other Department Street/Intersection From To Description Department Start Date End Date Info/Notes Meeting Communication Contact Water Distribution will be Email Notification, Direct Bell Ave at Mckinney St 07/08/21 09/04/21 installing a new water main line Water (940) 349-7278 business contact, N/A and services. Water Distribution will be Email Notification, Direct Bell Ave at Mingo Rd 06/22/21 07/07/21 installing a new water main line Water (940) 349-7278 business contact, N/A and services. Water Distribution will be Email Notification, Direct Bell Ave Withers St Mingo Rd 05/10/21 06/21/21 installing a new water main line Water (940) 349-7278 business contact, N/A and services. Water Distribution will be Email Notification, Direct Bell Ave Texas St Withers St 04/15/21 05/07/21 installing a new water main line Water (940) 349-7278 business contact, N/A and services. Water Distribution will be Administratio Email Notification, Direct Bell Ave Texas St 03/18/21 04/14/21 installing a new water main line Water (940) 349-7278 n Dr business contact, N/A and services. Curb and Gutter Repair. The process starts with Barricading Carmel St Hobson El Paseo 02/22/21 04/23/21 the failed sections of, Curb and Streets N/A (940) 349-7146 Gutter remove and install Curbs. Installing Valley Gutter across Cordell at the intersection of Hillcrest. The process starts at Cordell Hillcrest 02/22/21 03/12/21 with barricading then remove Streets N/A (940) 349-7146 Intersection pavement and subgrade and install new concrete Valley Gutter.
Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed Drexel Purdue Hofstra 02/22/21 03/15/21 Streets N/A (940) 349-7146 sections of concrete pavement, remove the pavement, and install new concrete.
Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed Friesian Morgan Cul v Sac 02/22/21 03/26/21 Streets N/A (940) 349-7146 sections of concrete pavement, remove the pavement, and install new concrete.
Total 9
Upcoming Closures 42 Closure Closure Upcoming Public Other Department Street/Intersection From To Description Department Start Date End Date Info/Notes Meeting Communication Contact
Upcoming Closures 43 Street Closure Report Current Closures Week of February 15, 2021 - February 21, 2021 Closure Closure Upcoming Public Other Department Street/Intersection From To Description Department Start Date End Date Info/Notes Meeting Communication Contact Water Distribution will be Administratio Email Notification, Direct Bell Ave Chapel Dr 02/15/21 03/18/21 installing a new water main line Water (940) 349-7278 n Dr business contact, N/A and services. Various traffic shifts will be required at the intersection of Engineering, NextDoor, Email McKinney Hickory Bell and Oak (between Drainage, Public Bell Ave 02/01/21 04/30/21 Notification, Direct (940) 349-8425 Street Street McKinney and Hickory) in order Works business contact to cross Bell with a new Inspections drainage line on Oak Street. Water Distribution will be Email Notification, Direct Bell St University Dr Chapel Dr 12/14/20 02/12/21 installing a new water main line Water (940) 349-7278 business contact, N/A and services. Temporary Flagging in North South Water Main Phase Engineering, Bonnie Brae IH 35E Scripture 06/15/20 07/30/21 all lanes for pipe Direct business contact (940) 349-8938 3 Water delivery. Contractor for Vista Verde (Private Development) will be performing a bore and installing Public Works a water tap. Valley Creek San Jacinto Inspections, Colorado Blvd 02/08/21 02/17/21 NextDoor, Other (940) 268-9842 Rd Blvd Private This will be a lane closure not a Development full closure.
Wastewater Collections will be Raintree Riverchase Creekdale Dr 12/09/20 03/20/21 installing a new wastewater Waste Water N/A (940) 349-8909 Way Trl main and services. Water Distribution will be Crescent Fulton Coit 02/19/21 03/25/21 installing a new water main line Water NextDoor, N/A, Other (940) 349-7278 and services.
Elm Hickory Prairie 05/11/20 02/26/21 PEC 4 Utility Project Engineering Direct business contact (940) 349-8938
Water Distribution will be Fannin St Welch St Bernard St 12/21/20 02/18/21 installing a new water main line Water N/A (940) 349-7278 and services. Infrastructure Safety Upgrades Ft. Worth Dr. (US 377) IH 35E FM1830 10/17/19 03/12/21 & New Sewer Main Install TxDOT (940) 349-8938 (temporary closures)
Current Closures 44 Closure Closure Upcoming Public Other Department Street/Intersection From To Description Department Start Date End Date Info/Notes Meeting Communication Contact
Widening of Hickory Creek road from Teasley to FM 2499 with an acceleration lane being NextDoor, Email Hickory CreeK Road Teasely FM 2499 10/06/20 02/16/21 Engineering (940) 349-7426 constructed on FM 2499. Notification Project also included drainage upgrades.
Laying new waterline to the Highland Park Bonnie Brae Jasmine 01/25/21 02/17/21 along Highland Park towards Engineering NextDoor (940) 268-8946 Bonnie Brae
Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed March Rail Cat Tail Heron Pond 01/11/21 03/05/21 Streets N/A (940) 349-7146 sections of concrete pavement, remove the pavement, and install new concrete.
Phase one should last two weeks. 02-05-2021 thru 02-19- 2021
Contractor will be constructing the drive way approaches and will be moving traffic to the West side of Mayhill per Public Works NextDoor, Email attached plan. Inspections, Mayhill Morse MKinney St 02/05/21 02/26/21 Notification, Social 940-205-8278 Private media Phase 2 should last one week Development 02-19-2021 thru 02-26-2021
Contractor will be constructing the drive way approaches and will be moving traffic to the North Side of McKinney St per attached plan.
McKinney - Mayhill Intersection This project is widening the intersection and 600' each way Mckinney duchess Glengarry 02/01/21 07/30/21 to match existing conditions Engineering NextDoor (940) 349-7526 along McKinney. Also includes water, wastewater, and drainage improvements.
Current Closures 45 Closure Closure Upcoming Public Other Department Street/Intersection From To Description Department Start Date End Date Info/Notes Meeting Communication Contact The Downtown Storm Sewer Project will upgrade the storm drainage in the downtown Engineering, corridor along the West side of NextDoor, Email Drainage, Traffic, McKinney Railroad Ave Bell Ave 02/01/21 04/02/21 the UPRR tracks between Notification, Direct (940) 349-8425 Public Works McKinney and Hickory. The business contact Inspections contractor will trench across Hickory in 3 phases to place storm sewer. Street Reconstruction
Remove and replace curb and gutter as needed. Mistywood Lane Woodhaven Jamestown 10/01/20 02/26/21 Streets N/A (940) 349-7146 Remove old asphalt and stabilize subgrade. Install asphalt pavement. Weather delays.
Engineering, Adding drainage line to Oak NextDoor, Email UPRR Drainage, Public Oak Street Bell Street 02/01/21 04/30/21 Street as part of the Downtown Notification, Direct (940) 349-8425 Railroad Works Storm Sewer Project. business contact Inspections
Bonnie Brae Phase 2 will be NextDoor, Direct Old Bonnie Brae Roselawn Vintage 02/08/21 03/08/21 Engineering (940) 349-8938 repaving Old Bonnie Brae business contact NextDoor, Direct Prairie Elm Pierce 06/01/20 03/26/21 PEC 4 Utilities Engineering (940) 349-8938 business contact Storm drain improvements, as part of Pec-4 Ph 1&2 Prairie St. Locust St. Elm St. 03/23/20 03/26/21 Engineering Direct business contact (940) 349-8938 Project. Street closed to thru traffic.
Concrete Street Panel and Sidewalk Repair. The process starts with Barricading the failed Purdue Drexel Syracuse 01/11/21 02/12/21 Streets N/A (940) 349-7146 sections of concrete pavement, remove the pavement, and install new concrete.
Wastewater Collections will be Riverchase Trl Stoneway Dr Waterside Pl 12/09/20 03/20/21 installing a new wastewater Waste Water N/A (940) 349-8909 main and services.
Current Closures 46 Closure Closure Upcoming Public Other Department Street/Intersection From To Description Department Start Date End Date Info/Notes Meeting Communication Contact Update: Due to multiple rain events, contractor has been delayed and plans to be complete by 02-15-2021. Public Works Inspections, NextDoor, Email Ryan Rd Roxbury St FM 2181 01/04/21 02/15/21 (940) 268-9842 Contractor will be demoing the Private Notification existing drainage and roadway Development and then installing drainage improvements across Ryan RD at the Hunter's Creek area. Waste Water, Pushed back a final two Greystar will be placing their Public Works weeks for patching of Spencer Road Bridges St. Mayhill Road 12/07/20 02/19/21 sanitary line along Spencer Rd Inspections, Spencer Road. Should Email Notification (940) 391-6299 for the Elan Denton project. Private be finished before the Development 19th Wastewater collections will be Uland Railroad Rose 02/11/21 04/09/21 installing a new wastewater Waste Water NextDoor, N/A, Other (940) 349-8909 main line and services. Construction is set to begin on 8-20-20: Atmos Energy West Hickory Street between N. is currently relocating Welch Street and Carroll Blvd in gas line on the South September of 2020 and side of W. Hickory Atmos, Streets, continue through May of 2021. between Welch and Email Notification, Direct West Hickory Street Welch Carroll 08/31/20 05/29/21 Drainage, Water, (940) 349-8425 Detailed lane closure Bernard. Once Atmos business contact Waste Water information is forthcoming finishes, the contractor pending approval of the will mobilize into that contractor's phasing and traffic same area to begin control plans. construction.
Public Works Inspections, Western Blvd Airport Rd Jim Chrystal 12/21/20 03/31/21 Westpark Warehouse Phase 2 Direct business contact (940) 205-9230 Private Development
Branch Install utilities and road NextDoor, Email Windsor Hanover 08/24/20 08/16/21 Engineering (940) 349-7426 Crossing reconstruction Notification
Total 29
Current Closures 47 Street Closure Report Completed Closures Week of February 15, 2021 - February 21, 2021 Closure Closure Upcoming Public Other Department Street/Intersection From To Description Department Start Date End Date Info/Notes Meeting Communication Contact Wastewater Collections will be Georgetown Amherst Dr Hinkle Dr 09/28/20 01/19/21 installing a new wastewater Wastewater N/A (940) 349-8909 Dr main line and services.
This project is to add drainage North of upgrades and widen Hickory NextDoor, Email Barrel Strap Road Hickory Ocean Drive 09/07/20 01/04/21 Creek Road. It is also adding an Engineering (940) 349-7426 Notification Creek Road acceleration lane to Barrel Strap Road.
Concrete Street Panel Repair. The process starts with Colorado I-35 Service Barricading the failed sections Brinker 01/19/21 01/29/21 Streets N/A (940) 349-7146 Blvd. Rd of concrete pavement, remove the pavement, and install new concrete.
Concrete Street Panel and Sidewalk Repair. The process Weeler Spainsh starts with Barricading the failed Clydesdale 12/07/20 01/15/21 Streets N/A (940) 349-7146 Ridge Lane sections of concrete pavement, remove the pavement, and install new concrete.
NextDoor, Email Panhandle New Sewer Line & Water Public Works Crow St Gober St 12/21/20 01/08/21 Notification, Direct (940) 231-9965 St Services will be installed. Inspections business contact
Intersection back of Intermittent closures of this NextDoor, Email Hidden Meadows Trail with Vintage Vintage blvd 03/16/20 01/01/21 intersection for construction Engineering (940) 349-8938 Notification Blvd right of way activities Scheduling conflict with concrete contractor so Install new curb and gutter. Mill we move the start date off old pavement and install to 10-26-20. 80% Daugherty new asphalt to match the grade Johnson Street Smith Street 10/26/20 01/29/21 Streets complete the surface Door hangers (940) 349-7146 Street of the new inlets. Weather course still needs to be delays, asphalt base course installed. Asphalt has been installed. Surface will be install on 1-27-28-2020. Storm drain improvements as Locust St. Prairie Highland 03/09/20 01/01/21 part of Pec-4 Ph 1&2 Engineering Direct business contact (940) 349-8938 Project. East Side ln Closure
Completed Closures 48 Closure Closure Upcoming Public Other Department Street/Intersection From To Description Department Start Date End Date Info/Notes Meeting Communication Contact back of Intersection Intermittent closures of this Vintage NextDoor, Email Mockernut Rd. with Vintage 03/16/20 01/01/21 intersection for construction Engineering (940) 349-8938 Blvd. right of Notification Blvd. activities. way
Concrete Street Panel and Sidewalk Repair. The process English starts with Barricading the failed Paddock Lipizzan 12/14/20 01/07/21 Streets N/A (940) 349-7146 Saddle sections of concrete pavement, remove the pavement, and install new concrete.
Wastewater Collections will be Precision Dr Airport Rd 1500' north 01/20/21 02/10/21 installing a new wastewater Wastewater main and services.
Smith Street Johnson Dallas 01/25/21 01/29/21 Mill and Overlay Streets N/A (940) 349-7146
Road will be closed for paving Public Works Underwood McCormick Ave. B 11/09/20 01/04/21 and sidewalk construction for N/A (210) 563-1599 Inspections the new Fire Station #3
I-35 Winddosr Stripping all lanes with new Public Works NextDoor, Email W Windsor Dr 01/18/21 01/20/21 (940) 231-9965 Frontage Rd Farms Dr signs. Inspections Notification
Work was completed on Welch Eagle Maple 01/25/21 01/25/21 Repair Water Main Leak Water Direct business contact (940) 349-7332 1/25
NextDoor, Email Welch St. Eagle Highland 01/19/21 01/19/21 water tap for 811 S. Welch Water (940) 349-7278 Notification
Installation of utilities and street NextDoor, Email Windsor Stuart Longfellow 08/24/20 01/23/21 Engineering (940) 349-7426 reconstruction Notification
Total 16
Completed Closures 49