041318 Friday Staff Report[Icon]

City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307

MEMORANDUM

DATE: April 13, 2018 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report

I. Council Schedule

A. Meetings

1. Work Session of the City Council on Tuesday, April 17, 2018 at 12:00 p.m. in the City Council Work Session Room, followed by a Regular Meeting at 6:30 p.m. in the Council Chambers.

2. Development Code Review Committee Meeting on Wednesday, April 18, 2018 at 9:00 a.m. in the City Council Work Session Room.

3. Mobility Committee Meeting on Wednesday, April 18, 2018 at 11:30 a.m. in the City Council Work Session Room.

4. Agenda Committee Meeting on Wednesday, April 18, 2018 at 3:30 p.m. in the City Manager’s Conference Room.

5. Special Called Planning and Zoning Commission Meeting on Wednesday, April 18, 2018 at 4:00 p.m. in the City Council Work Session Room.

B. Upcoming Events

1. Serve Denton Banquet, Saturday, April 14, 2018 at 6:30 p.m. at Embassy Suites by Hilton Denton Convention Center.

2. Denton Chamber of Commerce Luncheon/Leadership Denton Graduation Friday, April 20, 2018 at 11:30 a.m. at Embassy Suites by Hilton Denton Convention Center.

3. Employee Service Awards Banquet, Wednesday, April 25, 2018 at 11:30 a.m. at Embassy Suites by Hilton Denton Convention Center.

OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service II. General Information & Status Update

A. Organizational Changes (Fire Department) – Fire Chief Kenneth Hedges has announced new appointments to positions in Denton Fire Department. Battalion Chief Brian Cox has been named Assistant Fire Chief/Emergency Services, effective April 21. Chief Cox was appointed to this position after an interview panel process was held with seven internal applicants on Thursday, April 12.

Captain Michael Bardwell has been named the Battalion Chief for Training and Captain David Boots has been named the Battalion Chief for Safety and Wellness, both effective April 21. Please congratulate all three individuals on their new roles. Staff contact: Kenneth Hedges

B. Denton Code 2030 – Please see below updates on the Denton Code 2030 project. Module 3 Development Standards Next week, Clarion and staff will present the draft of Module 3 Development Standards to the City Council, Development Code Review Committee, Planning & Zoning Commission, stakeholders, and the public. Below is the schedule:  Tues., April 17 - City Council Work Session  Wed., April 18 – Advisory Committee, 9 to 11 a.m., Work Session Room  Wed., April 18 – Denton Community Development Alliance (DCDA) Meeting, 2 to 3:30 p.m., Denton Chamber of Commerce  Wed., April 18 – Special P&Z Work Session, 4 to 6 p.m., Work Session Room  Wed., April 18 - Public Open House, 6 to 8 p.m., Civic Center

Draft Zoning Map A draft zoning map that consolidates, renames, eliminates, and creates new districts has been made available online at www.DentonCode2030.com and viewed here.

On the top right of the map is a “find address or place” tool that allows you to search your property by typing in your address. After you enter your address and hit enter, the map will zoom to your property. When you locate your property, click on the parcel to view the following information:  Property Address  Existing Zoning District  Link to a description of your existing Zoning District – Purpose and Dimensional Standards  Link to a table that lists what uses are currently allowed on your property  Proposed Zoning District  Link to a description of the proposed Zoning District – Purpose and Dimensional Standards  Link to a table that lists what allowed uses are proposed on your property  Council District

A printed copy has been provided for City Council in your Friday packet.

Public Open House Events Staff is preparing to host a series of public open house events on the draft zoning map. To get the word out, staff mailed a postcard to all property owners in the City (attached) that should be arriving in mailboxes today, placed ads in the Denton Record Chronicle, and are using the City’s multiple communications channels.

The dates, times, and locations of the open houses are listed below:  Monday, April 23 from 6 to 8 p.m. at Fred Moore High School  Thursday, April 26 from 6 to 8 p.m. at LaGrone Advanced Technology Center  Wednesday, May 2 from 8 a.m. to 5 p.m. at Development Services Center  Thursday, May 3 from 8 a.m. to 5 p.m. at Development Services Center  Monday, May 7 from 6 to 8 p.m. at Embassy Suites by Hilton Denton Convention Center  Thursday, May 10 from 6 to 8 p.m. at Sam Houston Elementary  Saturday, May 12 from 9 a.m. to noon at Denton Civic Center  TBD, from 6 to 9 p.m. at Emily Fowler Central Library  TBD, from 6 to 9 p.m. at North Branch Library  TBD, from 6 to 9 p.m. at South Branch Library After reviewing with the Development Code Review Committee, staff will also be adding open house locations in May at the 3 library locations to ensure there are event locations close to public transit.

There will be many additional opportunities for public review and input as the Denton Development Code update continues to be reviewed through the spring and early summer. Communications staff has worked closely with Development Services to implement an outreach campaign. In order to solicit feedback and engage the entire Denton community, staff will begin running digital ads in the DRC, print ads in the upcoming Sunday editions of the DRC, and have mailed postcards to every property owner in Denton, with more outreach efforts coming in the next week. Also, attached is a press release that was provided to the media today, April 13. Staff contact: Scott McDonald

C. Realtor Day – The City of Denton hosted a Realtor Day at City Hall with the Greater Denton/Wise County Association of Realtors on Thursday, April 12 with over 50 people in attendance. Welcoming remarks were given by Mayor Watts and City Manager Hileman, and staff from the Development Services, Economic Development, Denton Municipal Electric, Community Improvement Services, and Finance departments provided updates on current and upcoming projects, programs available to residents, and information on future developments. TxDOT representatives presented an update on the I35 project and upcoming changes to the intersections at Loop 288, Brinker Road, and Mayhill Road. The meeting gave attendees additional knowledge about the services and programs available and changes occurring within the City to better serve their clients who are current or potential residents of the City. Staff contact: Sarah Kuechler

D. 2018 Point-In-Time (PIT) Count Event and Reports – The Denton County Homeless Coalition (DCHC) is presenting community homeless data and the results from the 2018 Point-In-Time (PIT) Count. Scheduled events are on today, April 13, 2018 in Denton and April 21, 2018 in Lewisville. The events are open to the public and are designed to display the reporting in a gallery style presentation. Attendees are able to come and go as they please. City of Denton staff, DCHC volunteers, and PIT Count coordinators will be on hand to answer questions.

Homeless To Housed: Busting Barriers to Housing in Denton County, Denton When: Friday, 4/13/18, from 5:30-7:30 Where: UNT on the Square- 109 N Elm St., Denton, TX 76201

Homeless To Housed: Busting Barriers to Housing in Denton County, Lewisville When: Saturday, 4/21/18, from 8am-12pm Where: Next Steps Center- 1305 TX 121-BUS, Lewisville, TX 75067

The Denton County Homeless Coalition invites you to come interact with our homeless data, see the 2018 Point-In-Time Count Survey Results, and learn about current efforts to bust barriers to housing. The event includes Volunteer Appreciation activities for PIT Count survey volunteers.

The 2018 reporting and previous annual reports can be downloaded at: https://endhomelessnessdenton.com/infodata/point-in-time-count/2018-pit-count/

The 2018 report is also included as an attachment. Staff contact: Dani Shaw

E. Loop 288 Underpass Closed This Weekend – All main lanes of the Loop 288 underpass at I-35E will be closed this weekend for bridge demolition as TxDOT continues the I-35E expansion project. The closure will run from 10 p.m. Friday, April 13 until 6 a.m. on Monday, April 16.

The closure is needed while crews safely remove the northbound side of the bridge on I-35E over Loop 288. Earlier this week, northbound traffic on I-35E was shifted to share the southbound side of the bridge.

Detours will be in place on Loop 288, and heavy delays are expected. Motorists are urged to seek an alternate route. TxDOT sent out a press release and City staff has shared through its Improving Denton e-mail list, social media channels, and DTV. Staff contact: Mark Nelson

F. Interstate 35W Reconstruction Project Kicks Off – TxDOT distributed a press release announcing that work has begun on a 17-mile long reconstruction of Interstate 35W from Tarrant County/Denton County line to Interstate 35E. Jagoe Public Co. will be the contractor on the $11 million project, which will consist of mill and inlay for both main lanes north and south.

During the construction, it will be necessary to have a single lane closure within the project limits to remove and lay new asphalt on highway main lanes and ramps. This will be a night operation.

The project is expected to be completed in August, weather permitting. Staff contact: Mark Nelson

G. Public Meeting on Proposed I-35W Widening – The Texas Department of Transportation (TxDOT) will hold a public meeting on the proposed reconstruction and widening of Interstate 35W from the Denton/Tarrant county line to the I-35/I-35E interchange.

The public meeting will be held from 6-8 p.m., Thursday, April 19, at Argyle Middle School, 6601 Canyon Falls Drive, Argyle, Texas 76226.

The proposed project would widen the I-35W main lanes from four lanes to six lanes. Maps showing the proposed project’s location and geometric design will be available for viewing at the public meeting. Staff contact: Mark Nelson

H. Public Meeting on Proposed Corridor Improvements for FM 1173 – TxDOT will hold a public meeting on proposed feasibility study of Farm to Market Road (FM) 1173 from FM 156 (S. 1st Street) to Interstate Highway (IH) 35, a distance of approximately 3.6 miles. Attached map shows the area for the study location.

The public meeting will be held from 6-8 p.m., Tuesday, May 8, at the Krum High School Cafeteria, located at 700 Bobcat Blvd, Krum, TX 76249.

The meeting will be done in an open house format, with no formal presentation. Representatives from TxDOT and project consultants will be available to answer questions about the proposed improvements. More information and a map showing the study area is attached. Staff contact: Mark Nelson

I. DCTA April Open House Meetings – DCTA will be hosting a series of open house meetings in April to share major agency projects and initiatives including: regional fare changes, August 2018 service changes, Access policies and procedures, EPA Brownfields assessments grant, A-train Rail Trail, and job access and connectivity opportunities. The come-and-go meetings will give the public an opportunity to speak with individual DCTA staff members about the presented topics. Meetings will be held in Lewisville, Denton, and Highland Village. The open house in Denton will be held on Wednesday, April 18, from 3 p.m. to 7 p.m. at the Downtown Denton Transit Center in the lobby area (604 East Hickory St.).

For those who are unable to attend, DCTA has a digital presentation that provides details on all the topics that will be covered at the public meetings. The presentation is available at RideDCTA.net from Friday, April 13, until Friday, May 4. An online feedback form will also be available and individual comments are highly encouraged. Additional details are found in the attached press release from DCTA. Staff contact: Mark Nelson

J. Locust St. Construction – Beginning April 23, the Streets Department will be repairing base failures on Locust St. from Walnut St. to Oak St. (see image below).

Weather conditions and contractor scheduling may impact the plans, but the project should be completed by April 27. During construction, one lane of traffic will be closed at a time as crews remove the old asphalt and install a new surface. Staff has notified local businesses and residents, Denton County, Denton I.S.D., and DCTA about the construction. Staff contact: Keith Gabbard

K. Developer and Builder Luncheon – Staff held a luncheon on March 28 for developers, builders, and stormwater contractors for the purpose of addressing concerns recently expressed by the development community in regards to construction stormwater inspections, and for discussing recent changes made to the TCEQ General Construction Permit (TXR 150000).

The event was highly attended with 84 people participating. Participants acknowledged recent changes on how staff communicates results of stormwater inspections have improved the effectiveness of the process as well as the overall communication with staff. A survey of the event indicates there is interest from the development community to continue having similar events on a regular basis (35% Bi-annually, 35% Quarterly). Participants rated the event as very good (59%) and useful (88%). Staff presentation has been made available online in the Businesses Watershed Protection webpage at www.cityofdenton.com/watershed. Staff contact: Deborah Viera

III. Community Events

A. Emergency Preparedness Summit & Fair – Congressman Burgess is hosting the tenth annual Emergency Preparedness Summit & Fair; the 2018 event will be held on Saturday morning, April 28 at Little Elm High School. At this free public event, families can tour indoor and outdoor exhibits/vehicles providing emergency and disaster preparedness resources with make & takes as well as view live safety demonstrations. There will be a “Kid Safety Zone” with activities geared to children that will engage the whole family in becoming prepared for any type of emergency situation. The event will open to the public at 8 a.m. with access to the fair, and presentations will begin at 8:30 a.m.; the event will conclude at noon. Pick up your solo emergency pack, register for a free smoke detector and enter to win a weather radio for your family. For more information or contact Robin Vaughan, Office of Congressman Burgess, at 940-497-5031 or [email protected].

IV. Attachments

A. Denton Code 2030/DDC Update Press Release B. 2018 Homeless to Housed Report and Point-in-Time Survey Results C. Public Meeting on Proposed Corridor Improvements for FM 1173 D. DCTA Press Release on April Open Houses

V. Informal Staff Reports

A. 2018-041 Gas Well Inspection Program and Map Update B. 2018-042 North Lakes Dog Park C. 2018-043 Property Highway 77 D. 2018-044 Speed Limits

VI. Council Information

A. Council Requests for Information B. Draft Agenda (April 24) C. Council Calendar D. Future Council Items E. Street Construction Report DENTON CODE 2030 — ZONING MAP

Denton Code 2030 is the City’s ongoing effort to update, revise, and rewrite the Denton Development Code (DDC). The DDC sets the requirements for what, where, and how much can be built in Denton. With the recent adoption of the City’s comprehensive plan, Denton Plan 2030, now is the perfect time to work to align our development regulations with the vision, goals, and policies approved by the City Council. The update to the DDC will address a variety of issues raised in Denton Plan 2030, including updated design standards that address the layout, look, and feel of both new development and redevelopment.

The primary objectives are: WE WANT TO HEAR FROM YOU! • Improve the efficiency of the development review process See the back of this card • Remove unnecessary barriers to infill and redevelopment for information about • Enhance the user experience by reorganizing and reformatting the DDC our DDC public • Protect historic and established neighborhoods open houses. • Create a more predictable code and processes for developers and stakeholders

A new lineup of zoning districts is also being proposed, which consolidates, renames, eliminates, and creates new districts. An updated zoning map reflecting these districts will be proposed with the revised DDC. While you may find yourself in a new zoning district, the current policies affecting single-family neighborhoods will not substantially change.

To learn more about the DDC update, including the proposed zoning districts, visit www.dentoncode2030.com. WE WANT TO HEAR FROM YOU!

We invite you to join us at one or more of our public open house events where you can learn more about the DDC and proposed zoning map, speak with City staff, and provide invaluable feedback. Development Services Center MONDAY, APRIL 23 THURSDAY, APRIL 26 215 W. Hickory St. 6 to 8 p.m. 6 to 8 p.m. Denton, Texas 76201 Fred Moore High School LaGrone Advanced Technology Complex 815 Cross Timber St. 1504 Long Rd.

WEDNESDAY, MAY 2 THURSDAY, MAY 3 8 a.m. to 5 p.m. 8 a.m. to 5 p.m. Development Services Center Development Services Center 215 W. Hickory St. 215 W. Hickory St.

MONDAY, MAY 7 THURSDAY, MAY 10 6 to 8 p.m. 6 to 8 p.m. Embassy Suites by Hilton Sam Houston Elementary Denton Convention Center 3100 Teasley Ln. 3100 Town Center Trl. Visit www.dentoncode2030.com SATURDAY, MAY 12 to get information about the 9 a.m. to noon different components of the DDC Denton Civic Center 321 E. McKinney St. and how they are changing.

Produced by the City of Denton • ADA/EOE/ADEA • TDD (800) 735-2989 • www.cityofdenton.com

FOR IMMEDIATE RELEASE Jessica Rogers  (940) 349-7531  [email protected]

City Releases Draft Zoning Map as part of Denton Code 2030 Multiple Open Houses to be held to Engage Residents

DENTON, TX, April 13, 2018 – The City of Denton has released the draft zoning map component of the Denton Code 2030 project. The draft map includes updated zoning districts for every property in Denton.

The draft zoning map is an important piece of the overall effort to make comprehensive updates to the Denton Development Code (DDC). The DDC outlines the rules and processes that regulate where and what type of development can occur. Through Denton Code 2030, the City is working to update the DDC to be more customer-friendly and provide a strong foundation for all development in Denton. As part of the update to the DDC, zoning districts were consolidated, renamed, and developed to better fit with the community vision, goals, policies, and strategies identified in the Denton Plan 2030. The draft zoning map is the application of the new zoning districts across Denton.

“Updating the zoning districts and developing a new zoning map are integral steps in the Denton Code 2030 project,” said Director of Development Services Scott McDonald. “And the draft zoning map represents a change, even if it is a minimal change, for every property owner in Denton.”

To rollout the draft zoning map and other DDC updates, the City is hosting seven open houses throughout April and May. All citizens are invited to attend any of the meetings, but open houses have been scheduled at various sites throughout the city for convenience. Property owners can also provide feedback online at www.DentonCode2030.com.

“We want every property owner to be aware of the Denton Code 2030 project, the draft zoning map, and what changes will impact their property,” said McDonald. “We also want to provide ample opportunities for engagement, feedback, and discussion, so we invite every property owner to attend any or all of the open houses.”

Property owners interested in learning more about the draft zoning map and how their property will be rezoned can go to www.DentonCode2030.com and click on icon labeled “Zoning Map.”

Contact: Scott McDonald, (940) 349-8539, [email protected]

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Visit www.cityofdenton.com for more news and to stay updated.

OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service

ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Denton Code 2030 – Zoning Map Update Public Open House Schedule

Monday, April 23 6 to 8 p.m. Fred Moore High School 815 Cross Timber St.

Thursday, April 26 6 to 8 p.m. LaGrone Advanced Technology Complex 1504 Long Rd.

Wednesday, May 2 8 a.m. to 5 p.m. Development Services Center 215 W. Hickory St.

Thursday, May 3 8 a.m. to 5 p.m. Development Services Center 215 W. Hickory St.

Monday, May 7 6 to 8 p.m. Embassy Suites by Hilton Denton Convention Center 3100 Town Center Trl.

Thursday, May 10 6 to 8 p.m. Sam Houston Elementary 3100 Teasley Ln.

Saturday, May 12 9 a.m. to noon Denton Civic Center 321 E. McKinney St.

NOTICE OF PUBLIC MEETING Farm To Market Road 1173 from Farm to Market Road 156 to Interstate Highway 35 Denton County, Texas CSJ No. 1059-01-047

The Texas Department of Transportation (TxDOT) will conduct a Public Meeting for the purpose of soliciting public comments on proposed feasibility study of Farm to Market Road (FM) 1173 from FM 156 (S. 1st Street) to Interstate Highway (IH) 35, a distance of approximately 3.6 miles. The meeting will be held on Tuesday, May 8, 2018 at the Krum High School Cafeteria, located at 700 Bobcat Blvd, Krum, TX 76249.

The Public Meeting will be an Open House format with no formal presentation from 6:00 p.m. to 8:00 p.m. The purpose of the meeting is to present the planned improvements and to receive public comment on the proposed project. Representatives from TxDOT and project consultants will be available to answer questions about the proposed project.

The proposed study consists of the reconstruction and widening of FM 1173 from FM 156 in Krum, to IH 35 in Denton, TX. The improvements would include the expansion of the current 2-lane rural roadway to a 6-lane urban roadway. Expansion would consist of one 12-foot wide travel lane and one 14-foot wide outside shared-use lane in each direction, a proposed median, and sidewalks located along the outside of both the eastbound and westbound lanes. The existing right-of-way (ROW) width is 80 feet and will increase with the proposed project. The proposed ROW is anticipated to acquire approximately 43 acres to expand the roadway, based on this preliminary level of design.

Maps showing the proposed project’s location and geometric design will be available for viewing at the public meeting. This information will also be on file and available for inspection Monday through Friday between the hours of 8:00 a.m. and 5 p.m. at the TxDOT Dallas District Office, 4777 E. Highway 80, Mesquite, TX 75150 and the TxDOT Denton County Area Office located at 2624 W. Prairie Street, Denton, TX 76201. Project information also will be available online at www.keepitmovingdallas.com under Upcoming Public Hearings/Meetings.

All interested persons are invited to attend this Public Meeting. Written comments from the public are requested and will be accepted for a period of 15 calendar days following the meeting. Written comments may be submitted either in person at the public meeting, by mail to the TxDOT Dallas District Office, Attention: Mr. Nelson Underwood, P.E., 4777 E. Highway 80, Mesquite, TX 75150-6643, or by email addressed to [email protected]. Written comments must be postmarked by May 23, 2018, to be included in the Public Meeting Summary.

Persons interested in attending this meeting who have special communication or accommodation needs are encouraged to contact the TxDOT Dallas District Public Information Office at (214) 320‐4480 at least two working days prior to the meeting. Because the Public Meeting will be conducted in English, any requests for language interpreters or other special communication needs should also be made at least two (2) days prior to the Public Meeting. Every reasonable effort will be made to accommodate these needs.

The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014, and executed by the Federal Highway Administration and TxDOT.

FM 1173 From FM 156 to IH 35 in Denton County Corridor Improvements Public Meeting/Open House Tuesday, May 8, 2018 I 6:00 p.m. – 8 p.m.

STUDY LOCATION MAP

Directions To: OPEN HOUSE LOCATION Krum High School 700 Bobcat Blvd

Krum, TX 76249

From IH 35: Take FM 1173 (E. McCart St.) west for approximately 2.8 miles and turn right onto Bobcat Blvd. High Krum High School School is on the right. Use the cafeteria entrance.

From US 380: Turn right onto FM 156 and continue for 2.1 miles. Turn right onto FM 1173 (E. McCart St.), continue for 0.6 miles. Turn left onto Bobcat Blvd. High School is on the right. Use the cafeteria entrance.

OPEN HOUSE LOCATION

Cafeteria Entrance Krum High School

Parking Cafeteria 700 Bobcat Boulevard Krum, TX 76249 Kuechler, Sarah

From: Adrienne Hamilton Sent: Thursday, April 12, 2018 4:00 PM To: Kuechler, Sarah Subject: DCTA Invites Public to Attend April Open House Meetings Attachments: DCTA_Twitter_Ad_v2_R2.jpg

Media Contact Information:

Adrienne Hamilton, Communications Manager Phone: 972.316.6114 • Email: [email protected]

Nicole Recker, Vice President of Marketing & Communications Phone: 972.316.6132 • Email: [email protected]

FOR IMMEDIATE RELEASE

Denton County Transportation Authority Invites Public to Attend April Open House Meetings

Agency to present current and future projects to garner public feedback

LEWISVILLE, TX (April 12, 2018) – The Denton County Transportation Authority (DCTA) will host a series of open house meetings in April to share major agency projects and initiatives, including: regional fare changes, August 2018 service changes, Access policies and procedures, EPA Brownfields assessments grant, A-train Rail Trail, and job access and connectivity opportunities. The come-and-go meetings will give the public an opportunity to speak with individual DCTA staff members about the presented topics.

Top Reasons to Attend

1 DCTA has numerous projects happening in the next couple of months and needs rider feedback to enhance service and projects for the many communities the agency serves. Below are specific highlights for some of the topics that will be discussed during the meetings:

 Regional Fare Changes – proposed 20 percent fare increase for regional fares based on the region’s decision to increase fares  August 2018 Service Changes – . Proposed service changes in Lewisville (going from two routes to four routes and an on-demand zone) . Proposed changes to the Eagle Point route (UNT Campus Shuttle) that will provide additional access to the campus . Proposed new route and on-demand zones to provide additional connection between Denton and Alliance

Open House Meeting Locations

Meetings will be held in Lewisville, Denton and Highland Village:

 Lewisville – meeting will be held on Monday, April 16, from 5:30 p.m. to 7:30 p.m. at Lewisville City Hall in the lobby area in conjunction with the city council meeting (151 W Church St.)  Denton – meeting will be held on Wednesday, April 18, from 3 p.m. to 7 p.m. at the Downtown Denton Transit Center in the lobby area (604 East Hickory St.)  Highland Village – meeting will be held on Tuesday, April 24, from 6 p.m. to 8 p.m. at Highland Village City Hall in the lobby area in conjunction with the city council meeting (1000 Highland Village Road)

Online Presentation and Comment Form

Everyone is welcome to attend the open house meetings. Persons with hearing or sight interpretive service needs are asked to contact DCTA at least five business days in advance of the meeting at 972.221.4600 or via email at [email protected] so that DCTA can accommodate requests.

# # #

About Denton County Transportation Authority

Formed in 2002 and funded in 2003, the Denton County Transportation Authority has been focused on an aggressive service implementation strategy to address the mobility needs of Denton County residents. The central element of their Service Plan is the A-train, which connects with DART’s Green Line at Trinity Mills in Carrollton and provides service to five stations within Denton County. In addition to the A-train, DCTA provides Connect Bus service in Denton and Lewisville, Connect Shuttle and Community On-Demand services in Highland Village, Access service, Frisco Demand- Response service, University of North Texas (UNT) and North Central Texas College (NCTC) Campus Shuttle and vanpool services. The agency carries nearly three million passengers annually system-wide. For more information about DCTA, visit www.RideDCTA.net.

2 Date: April 13, 2018 Report No. 2018-041

INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL

SUBJECT: Provide information about the gas well inspection program and updates to the gas well locator map.

DISCUSSION: There have been a number of initiatives completed within Gas Well Inspections over the last several months. Council approved the contract for inspections services with Modern Geosciences on October 24, 2017. City of Denton Gas Well Inspections staff completed the 2017 semiannual inspections during the remaining months of 2017 while Modern Geosciences completed initial mapping and database work. Scheduling for Modern Geosciences inspections began in early 2018, and continues to date.

Once the first round of inspections was completed by Modern Geosciences, staff worked with the consultant to finalize the reporting format and then began to work with the City of Denton’s Public Communication and Technology Services departments to revise Denton’s gas well locator map so that both City of Denton and Modern Geosciences inspection reports could be viewed on a per well and per operator basis. The revisions are finished, and the inspection reports from the City of Denton and Modern Geosciences continue to be uploaded as they are completed. Due to inspection schedules and timing, all wells will not have an inspection report currently. However, as time goes on, inspection reports for the entire well inventory will be completed. Please keep in mind that on-site inspections only occur for wells that are within the City limits.

Inspection reports can now be viewed on an individual well basis directly from the map, or can be viewed by using the “search for wells” tool on the right of the main Gas Well Inspections web page: http://gis.cityofdenton.com/CODPublic/gaswell.html. As an example, highlight “endeavor” under operator and click the search button. All endeavor wells will be shown in a list, and the ones that have a “notepad” icon are the wells that have been inspected. Click on the notepad for a particular well, and all inspection reports can be downloaded for viewing. As new inspections occur in the future, they will be added to the list in chronological order, allowing the user to see current and any historical reports. Staff would like to acknowledge and thank Rod Weatherby in Gas Well Inspections, Kevin Babcock in Technology Services, and Kevin McGinnis in the Communications Office for all their efforts in revising the web page. Staff members are currently working on a list of completed inspections by date that will be added to the web page so users can quickly see the dates that inspections have been completed.

As a quick summary of activities, there were 497 inspections completed by Denton staff for the second semiannual inspection event that was completed in December 2017. The first semiannual inspection event for 2018 is underway, and 203 inspections have been completed to date. Denton staff has also completed 581 “spot inspections” (quick onsite inspection events) since January 1, 2018. Modern Geosciences has completed 162 inspections, with 22 high priority (less than 300 feet from sensitive uses), 89 moderate priority (300 to 1000 feet from sensitive uses), and 51 low priority (greater than 1000 feet from sensitive uses). Date: April 13, 2018 Report No. 2018-041

Denton gas well inspection staff will continue to complete the first semiannual inspection, and Modern Geosciences is currently conducting inspections for the remainder of their list. Staff will be glad to provide any additional information if needed.

STAFF CONTACT: Kenneth Banks, General Manager of Utilities (940) 349-7165 [email protected]

Date: April 13, 2018 Report No. 2018-042

INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL

SUBJECT: North Lakes Park Dog Park

BACKGROUND: Due to the success of the Wiggly Field Dog Park and the community’s request for an additional park on the northern side of town, the Parks and Recreation Department planned to install a dog park at North Lakes Park. A North Lakes Park Master Plan (Exhibit A) dated 2014, identified a site for the dog park. Dunaway Associates was hired to design a parking lot, but not the dog park itself. At the time, it was anticipated that Parks and Recreation staff would complete the grading, fencing, sod, irrigation and flat work to construct the new dog park. As seen in Exhibits B and C, the proposed location of the parking lot adjacent to the Linda McNatt Animal Care and Adoption Center. This location is the same property that was discussed at the City Council meeting on April 10, 2018, regarding the potential sale of 10.3 acres (Exhibit C) of frontage property along Highway 77. Currently, Parks and Recreation has $387,388.02 in the Capital Improvement Program (CIP) and an additional $355,000 identified for park improvements in the 2014 Bond Program. While final costs are unknown at this time, two parking lots were designed in 2015 that would support either 36 or 153 spaces. The larger parking lot that proposes the construction on 153 parking spaces seems to be more than is needed to provide for the dog park. A clarification on parking needs will be made in order provide an adequate number of parking spaces. Parks and Recreation staff is re-instating the contract with Dunaway Associates to complete the design of the dog park and prepare documents in order to publicly bid the project. It is anticipated that the design will be completed this summer and construction would begin in the fall. Once a design is received, staff will provide an Informal Staff Report (ISR) with an update on the project. EXHIBITS A – North Lakes Park Master Plan (2014) B – Proposed Parking Lot for Dog Park #1 (2015) C – Proposed Parking Lot for Dog Park #2 (2015) D - Proposed 10.3 Acres General Municipal Property for Sale (April 10, 2018)

STAFF CONTACT: Gary Packan, Parks and Recreation, Director 940-349-7460 [email protected]

Vela Soccer Complex Site 10 Standard Spaces +1 HC Expansion to 26 +2 HC

GRAPHIC SCALE 0 60 120

60' NORTH 1inch= Option ‘A’

Denton Dog Park Parking JOB NO: B001675 DATE: JANUARY 26, 2015 PLOTTED BY: Janel Moody ON: Tuesday, October 10, 2017 AT: 3:02 PM FILEPATH: G:\Production500\001400\B001463\Design\001\PLA\Trail Study 10-10-17\Property Exhibit.dwg 0 NORTH LAKES NORTH DENTON, TEXAS SCALE: 1"= 100 1"= SCALE: ft. 100 200

Date: April 13, 2018 Report No. 2018-043

INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL

SUBJECT: Highway 77 Property Presentation Follow-up

BACKGROUND: Staff from Parks and Recreation presented a number of scenarios in which the 10.3 acres along Highway 77 could be sold for development purposes. During the presentation a number of questions were asked and this ISR is providing a follow-up response.

1. If the property is sold and the trail needs to be moved, do we have to refund the TXDoT grant?  According Exhibit A - Advance Funding Agreement (Page 16 – Section 10, Project Maintenance highlighted in yellow), if the City decides to sell the property, we would have to refund all grant funding.  Staff has reached out to TXDot for some additional information regarding the potential option of moving the trail and to get clarification if the entire grant had to be refunded if a small portion of the trail was impacted. As of the time of this report, this information was not available. A follow-up ISR will be provided to City Council once information is received.

2. What are the current steps to move forward with construction of the North Lakes Dog Park?  In 2016, City Council was informed that the dog park would be completed in 6-9 months. To date, the project has not started.  Parks and Recreation is in the process of getting a quote for the design of the dog park. This would include a conceptual plan, opinion of probably cost and construction drawings.  Once the above steps are finalized and funding for the project has clarified, we will move forward with bidding the project.  Staff is work diligently to get this project completed as soon as possible.  A separate ISR is included in the April 13, 2018, Friday Report to provide additional information on this project.

The proposed location of the two variations of parking lots are adjacent to the Linda McNatt Animal Care and Adoption Center. This location is the same property that was discussed at the City Council meeting on April 10, 2018, regarding the potential sale of 10.3 acres of frontage property along Highway 77.

EXHIBITS A – Advanced Funding Agreement (2016)

Date: April 13, 2018 Report No. 2018-043

STAFF CONTACT: Gary Packan, Parks and Recreation, Director 940-349-7460 [email protected]

CSJ: 0918-46-273; Fed#: STP 2014(105)TE District#: 18-Dallas Code Chart 64#: 11400 Project: Evers Park Bridge and Trail Limits: From Windsor Drive to Riney Road (NW Denton Trail Loop) CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development

STATE OF TEXAS §

COUNTY OF TRAVIS §

ADVANCE FUNDING AGREEMENT AMENDMENT #1

THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Denton, acting by and through its duly authorized officials, called the Local Government.

WITNESSETH

WHEREAS, the State and the Local Government executed a contract on August 1, 20 14 to effectuate their agreement to install 16,640 linear feet of 12-foot wide by 6-inch deep concrete trail and a 70-foot pedestrian bridge at the north-end of Evers Parkway, the relocation and installation of a 82-foot truss historic bridge, the removal of 26,200 square feet of existing 4-foot and 5-foot sidewalks and the installation of a Hawk Signal in Evers Park from Windsor Drive to Riney Road in the City of Denton. The Project will link pedestrians and bicyclists with recreational and educational activities within the community; and,

WHEREAS, the Local Government requested and the Administration of the Texas Department of Transportation approved, (1) the reduction of the trail by 1058 linear feet by rerouting the trail through public park land rather than onto a section of Riney Road, and (2) the reduction in the awarded funding share participation as described in the Local Government nomination form; and,

WHEREAS, it has become necessary to amend that contract to amend the scope of work, add updated federal and state laws, rules and regulations, and replace the project budget page.

NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows:

AGREEMENT

1. Description of Amended Items A. Article 4. Scope of Work, Use of Project, and Project Location of the original contract is deleted in its entirety and replaced with: 4. Scope of Work, Use of Project, and Project Location The scope of work for the Project, which is shown in Attachment B-1, the Project Location Map, described in the nomination form and as approved by the Texas Transportation Commission and the Administration of the Texas Department of Transportation, consists of the installation of 13939 linear feet of 12-foot wide by 6-inch deep concrete trail, 12041inear feet of a 1 0-foot wide by 6 inch deep concrete trail, a 58-foot pedestrian bridge at the north-end of Evers Parkway; and a 70-foot pedestrian bridge west of Fallmeadow Street; the removal of 24066 square feet of existing 4-foot and 5-foot sidewalks; and the installation of a Hawk Signal in North Lakes Park from Nicosia Street across US 77 in the City of Denton. The Project will link pedestrians and bicyclists with recreational and educational activities within the community.

B. Attachment B, Project Location Map, of the original contract is deleted in its entirety and replaced with: Attachment B-1, Project Location Map, which is attached and made part of this Agreement.

C. Attachment C, Project Budget Estimate and Source of Funds, of the original contract is deleted in its entirety and replaced with:

AFA-AFA_ Amend Page 1 of 2 Revised 03/23/16 CSJ: 0918-46-273; Fed#: STP 2014{105)TE District #: 18-Dallas Code Chart 64#: 11400 Project: Evers Park Bridge and Trail Limits: From Windsor Drive to Riney Road (NW Denton Trail Loop) CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development

Attachment C-1, Project Budget Estimate and Source of Funds, which is attached and made part of this Agreement.

D. All references to OMB-87 "Cost Principles for State, Local and Indian Tribal Governments", and OMB-133 "Audit of States, Local Governments and Non-Profit Organizations" shall be replaced and referenced as 2 CFR 200.

E. The following Articles in the original agreement are amended as follows: Article 17- Insurance is amended to add the following: 17 -Insurance For projects including buildings, Local Government agrees to insure the building according to the Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed.

2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented.

THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.

DENTON THE STATE OF TEXAS

By: ___K~ e-n_n_e-.th-S~t~e-w-a~rt ------Director of Contract Services Texas Department of Transportation

Date: ______,b!:...--__.6....~.__· _'2.=-=:0-!.../....:::b_ Date: ------

AFA-AFA Amend Page 2 of 2 Revised 03/23/16 - APPROVEDASTOFORM: CITY ATTORNEY CITY OF DENTON, TE XA~ a~~ · CSJ: 091847-273; Fed#: STP 2014(105)TE District#: 18-Dallas Code Chart 64#: 11400 Project: Evers Park Bridge and Trail Limits: From Windsor Drive to Riney Road (NW Denton Trail Loop) CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development

ATTACHMENT B-1 PROJECT LOCATION MAP

\.C' I

IQR LAI< Ar

S M

.. -" --

AFA-AFA_Amend Page 1 of 1 Revised 03/23/16 CSJ: 0918-46-273; Fed#: STP 2014(105)TE District #: 18-Dalfas Code Chart 64#: 11400 Project: Evers Park Bridge and Trail Limits: From Windsor Drive to Riney Road (NW Denton Trail Loop) CFDA Trtle: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development

ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS OFF SYSTEM - TE Project Budget Estimate LG Perfonns PE Work or Hires Consultant I Local Let Proiect. to Construction C . Federal Participation Local Participation Description of Project Cost to be incurred: Total Estimated (80% or<) State Participation :: 0 (20% or greater) Cost :: Max TE $1,298,958 Locals will retain their local match for those Authorized services administered/contracted themselves. Amount % Cost % Cost % Cost Planning. research, surveying, education for non- ~onstruction related projects $0 0% $0 0% $C 100% so Utilities- by LG $ 0% $0 0% $C 100% s Environmental Cost- by LG $0 0% $0 0% $C 100% so fRight of Way- by LG $0 0% $C 0% sc 100% sc ~ubtotal by Local Government $ $0 $0 $ lfxDOT Administrative Cost Incurred - PE: rrxDOT's ADM Cost is based on 15% of the overall Nomination's budget estimate I*Due within 30 days lfxDOT - PE Phase- Direct State Cost reviews, learances, admin., coordination, etc. $121,77 80% $97,422 0% $ 20% *$24,355 TxDOT Administrative Cost Incurred - CE: Remaining % of TxDOT ADM Cost based on current Budget Estimate at letting **Due 60 days prior TxDOT - Construction Phase- Direct State Costs- oversight, inspection, site visits, etc. $121.777 80% $97,42 0% $0 20% **$24,35~ Direct Project Construction COST !Locals retain their local participation below to apply to 1 roject cost directly Construction Contract- work bid items, letting fees. clearances, pcnnits, etc. ,CE $1,380,143 80% $1,104,11~ 0% $0 20% 5276,02~ Other Associated Construction Cost $0 0% $( 0% $0 0% $0 Subtotal Construction $1,501,920 80% $1.201,536 0% 0 20% $300,384 TOTAL $1,623,697 $1,298,958 $0 $324,73 The Estimated Total Participation by the Local Government is $324,739 , plus 100% of overruns. Payment of the Local's share of TxDOT's ADM PE Cost to be incurred is $24.355 due within 30 days from execution of the AFA contract. Payment of the Local's share of TxDOT's ADM Cost ror Construction to be incurred is~ due 60 days prior to the Construction contract being advertised for bids. This is an estimate. The eligible percent of required local match as stated in the nomination is 20% or greater. The fmal amount or Local Government participation will be based on actual costs and values. The Maximum TE federal funds available for the project are $1,298.958.

AFA-LPAFA_TE Page 1 of 1 Attachment C CSJ : 0918-46-273; Fed#: STP 2014(105)TE District#: 18-Dallas Code Chart 64# : 11400 PrQject: Evers Park Bridge and Trail . Limits: From Windsor Drive to Riney Road (NW Denton Trail Loop) CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research' and Development

STATE OF TEXAS §

COUNTY OF TRAVIS §

ADVANCE FUNDING AGREEMENT AMENDMENT #1

THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the Cltv of Denton, acting by and through its duly authorized officials, called the Local Government.

WITNESSETH

WHEREAS, the State and the Local Government executed a contract on August 1. 2014 to effectuate their agreement to install16,640 linear feet of 12-foot wide by 6-inch deep concrete trail and a 70-foot pedestrian bridge at the north-end of Evers Parkway, the relocation and installation of a 82-foot truss historic bridge, the removal of 26,200 square teet of existing 4-foot and 5-foot sidewalks and the installation of a Hawk Signal in Evers Park from Windsor Drive to Riney Road in the City of Denton. The Project will link pedestrians and bicyclists with recreational and educational activities within the community; and,

WHEREAS, it has become necessary to amend that contract to amend the scope of work, add updated federal and state laws, rules and regulations, and replace the project budget page.

NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows:

AGREEMENT

1. Description of Amended Items A. Article 4. Scope of Work, Use of Project, and Project Location of the original contract is deleted in its entirety and replaced with: 4. Scope of Work, Use of Project, and Project Location The scope of work for the Project, which is shown in Attachment 8 -1, the Project location Map, described in the nomination form and as approved by the Texas Transportation Commission and the Administration of the Texas Department of Transportation, consists of the installation of 13939 linear feet of 12-foot wide by 6-inch deep concrete trail, 1204 linear feet of a 10-foot wide by 6 inch deep concrete trail, a 58-foot pedestrian bridge at the north-end of Evers Parkway; and a 70-foot pedestrian bridge west of Fallmeadow Street; the removal of 24066 square feet of existing 4-foot and 5-foot sidewalks; and the installation of a Hawk Signal in North Lakes Park from Nicosia Street across US 77 in the City of Denton. The Project will link pedestrians and bicyclists with recreational and educational activities within the community.

B. Attachment B, Project Location Map, of the original contract is deleted in its entirety and replaced with: Attachment 8·1, Project Location Map, which is attached and made part of this Agreement.

C. Attachment C, Project Budget Estimate and Source of Funds, of the original contract is deleted in its entirety and replaced with :

AFA-AFA_Amend Page 1 of 2 Revised 03/23/16 CSJ: 0918-46-273; Fed#: STP 2014(105)TE District#: 18-Dallas Code Chart 64#: 11400 . Project: Evers Park Bridge and Trail Limits: From Windsor Drive to Riney Road (NW Denton Trail Loop) CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development

Attachment C-1, Project Budget Estimate and Source of Funds, which is attached and made part of this Agreement.

E. The following Articles in the original agreement are amended as follows: Article 17 -Insurance is amended to add the following: 17 -Insurance For projects including buildings, Local Government agrees to insure the building according to the Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed.

Article 21 - Federal Funding Accountability and Transparency Act Requirements is deleted in its entirety and replaced with: 21 -Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act ("FFATA") and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.qpo.gov/fdsys/pkg/FR-201 O-b9 -14/pdl/201 0-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-201 0.-09-14/odf/20 10 -22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to State a System for Award Management ("SAM") number (Federal Acquisition Regulation ("FAR") Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to State a Data Universal Numbering System ("DUNS") number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to State If: i. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. reporting to the U.S. Securities and Exchange Commission. All other provisions of the original contract are unchanged and remain in full force and effect.

2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented.

THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.

THE STATE OF TEXAS

By: __~-- ~~------ Kenneth Stewart Director of Contract Services Texas Department of Transportation

Date: ----'~I.L-----10.1&'---1...-=---"0~J____.b~-- Date:------

AFA-AFA Amend Page 2 of 2 Revised 03/23/16 - APPROVED AS TO FORM: CITY ATTORNEY CITY. OF DENTON, TEXA~ B~~ . CSJ: 0918-47-273; Fed#: STP 2014(105)TE District#: 18-Dallas Code Chart 64#: 11400 Project: Evers Park Bridge and Trail Limits: From Windsor Drive to Riney Road (NW Denton Trail Loop) CFDA Title: Highway Pl~nning and Construction CFDA Number: 20 .205 Federal Highway Administration Not Research and Development

ATTACHMENT B-1 PROJECT LOCATION MAP

288

iHNEY ROAD .T ,_,_,_.----~- - -. ·. 1 ' \ NOR 7H LAK£ ;,"J,.~ PARK .. ..:,...J ...

1 I .L SEGM

AFA-AFA_Amend Page 1 of 1 Revised 03/23/16 CSJ: 0918-46-273; Fed#: STP 2014(105)TE District #: 18-Dallas Code Chart 64#: 11400 Project: Evers Park Bridge and Trail Limits: From Windsor Drive to Riney Road (NW Denton Trail Loop) CFDA Trtle: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development

ATTACHMENT C-1 PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS OFF SYSTEM - TE Project Budget Estimate LG Perfonns PE Work or Hires Consultant I Local Let Proiect to Construction Cont Federal Participation Local Participation loescription of Project Cost to be incurred: Total Estimated (80% or<) State Participation "' 0 (20% or greater) Cost"' Max TE $1,298,958 !Locals will retain their local match for those Authorized ~ervices administered/contracted themselves. Amount % Cost % Cost % Cost tl>!anning, research, surveying, education for non- onstruction related projects $C 0% $C 0% $( 100% sc !Utilities- by LG $C 0% $ 0% $c 100% sc Environmental Cost- by LG $C 0% $C 0% $( 100% sc Right of Way- by LG $C 0% $C 0% $( 100% $( ~ubtotal by Local Government $U $ $0 $C frxDOT Administrative Cost Incurred - PE: TxDOT's ADM Cost is based on 15% of the overall Nomination's budget estimate I*Due within 30 days frxDOT- PE Phase- Direct State Cost reviews, learances, admin., coordination, etc. $121,777 80% $97,42 0% $0 20% *$24,355 rrxDOT Administrative Cost Incurred - CE: !Remaining % of TxDOT ADM Cost based on current Budget Estimate at letting "'*Due 60 days prior frxDOT - Construction Phase- Direct State Cost~~ !oversight, inspection, site visits, etc. $121,777 80% $97,42 0% $0 20% "'*$24,355 !Direct Project Construction COST !Locals retain their local participation below to apply to project cost directly !Construction Contract- work bid items, letting fees, clearances, permits, etc. ,CE $1,380,143 80% $1,104,114 0% $( 20% $276,029 Orher Associated Consrruction Cos! $C 0% $C 0% $( 0% $C !Subtotal Construction $1,501,92(] 80% $1,201,536 0% 0 20% $300,38.:1 FfOTAL $1,623,697 $1,298,958 $( $324,739 . The Estimated Total Participation by the Local Government is $324.739 , plus 100% of overruns. Payment of the Local's share of TxDOT's ADM PE Cost to be incurred is $24,355 due within 30 days from execution of the AFA contract. Payment of the Local's share of TxDOT's ADM Cost for Construction to be incurred is~ due 60 days prior to the Construction contract being advertised for bids. This is an estimate. The eligible percent of required local match as stated in the nomination is 20% or greater. The fmal amount of Local Government participation will be based on actual costs and values. The Maximum TE federal funds available for the project are $1,298,958. AFA-LPAFA_TE Page 1 of 1 Attachment C Texas Department of Transportation 4777 US Highway 80 East I Mesqu ite , Texas '75150-66431 (214) 320 6100

August 05, 2014

Mr. Jim Mays Super1ntendent of Planning and Construction Denton Parks and Recreation Department City of Denton 215 Ea~ McKinney Denton, Texas 75201

RE: CSJ: 0918-46-273 Fed.#: STP 2014(105) TE Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Off System

Dear Mr. Mays: Enclosed, for your use, is a fully executed original of the above-mentioned Advance Funding Agreement between the Texas Department of Transportation and the City of Denton for transportation enhancement improvements.

As outlined in the Agreement, please remit a check or warrant in the amount of $21,874.00 payable to the Texas Department of Transportation Trust Fund for the City's contribution towards the project's review cost upon receipt of this letter.

Please note that the project must be let by August 31. 2016 as stipulated in the original contract or the contract may be terminated.

If you have any project-related questions, please contact Nancy Cline, P.E., Denton County Area Engineer, at 940-387-1414. On contract-related questions, please contact Polita Flemming at 214-320-4424.

;?~ 5--- ~ Moosa Saghian, P.E. Director Transportation Planning and Development

Enclosure

CC: Maher Ghanayem, P.E., Project Delivery Office Project File

OUR GOALS Mli.INTil.!IIJ II. ~II.~~ ~V~T~M • onnRF~~ ~ni\Jr.FC:TIOIIJ • r.nNNFr.TTF)(I!.c:; l":nMMIINITIF.c:; • RF.c;T IN r.ll!..c;S STI!.TF AI1FNr.V CSJ #: 0918-46-273 Fed . #: STP 2014(105)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

STATE OF TEXAS § COUNTY OF TRAVIS §

LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Transportation Enhancement (TE) Project

OFF SYSTEM

This Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Denton, acting by and through its duly authorized officials called the "Local Government".

WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and,

WHEREAS, the Local Government prepared and submitted to the State a nomination form for consideration under the Transportation Enhancement Program for the project which is briefly described as the Evers Park Bridge and Trail Project- a bicycle and pedestrian facility in the City of Denton, called the Project; and

WHEREAS, the Texas Transportation Commission (the Commission) passed Minute Order Number .1j3642 dated JL:ily 25, 2013 awarding funding for projects in the 2012 Program Call of the Transportation Enhancement Program, including the Project; and WHEREAS, the rules and procedures for the selection and administration of the Transportation Enhancement Program are established in 43 TAC Sections 11.200 et seq .; and

WHEREAS, the governing body the Local Government has approved entering into this LPAFA by resolution or ordinance dated l · I , which is attached to and made a part of this LPAFA as Attachment A; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows :

AGREEIIJ!ENT 1. Period of the Agreement ThE) period of this LPAFA is as stated in the Master Agreement, without exception. CSJ #: 09"18-46-273 Fed. #: STP 2014("105)TE District#: 18-Dal\as Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20 .205 Not Research and Development

2. Termination of this LPAFA The termination of this LPAFA shall extinguish all rights, duties, obligations, and liabilities of the State under this LPAFA. This LPAFA shall be terminated under the conditions as stated in the Master Agreement or for the conditions, and in the manner, described in this LPAFA. A. If the potential termination of the LPAFA is due to the failure of the Local Government to fulfill its contractual obligations, the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. B. If the Local Government withdraws from the Project after the LPAFA is executed, it shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system. C. A Project may be eliminated from the program as outlined below. If the Project is eliminated for any of these reasons, this LPAFA will be appropriately terminated. A project may be eliminated from the program if: 1. The Local Government fails to satisfy any requirements of the program rules cited as 43 TAC §11 .200 et seq. 2. The implementation of the Project would involve significant deviation from the activities as proposed in the nomination form. 3. The Local Government withdraws from participation in the Project. 4. This is a construction project and construction has not let by August 31. 2016. 5. This is not a construction project and project activities have not been completed by ____, 20_ . 6. The State determines that federal funding may be lost due to the Project not being implemented and completed. 7. Funds are not appropriated, in which case this LPAFA shall be terminated immediately with no liability to either party. Payment under this LPAFA beyond the current fiscal biennium is subject to availability of appropriated funds. 8. The Local Government fails to attend progress meetings at least twice yearly, as scheduled by the State.

3. Amendments Amendments of this LPAFA shall be made as described in the Master Agreement, without exception.

4. Scope of Work, Use of Project, and Project Location The scope of work for the Project, which is shown in Attachment B, the Project Location Map, described in the nomination form and as approved by the Texas Transportation Commission, . consists of the installation of 16,640 linear feet of 12-foot wide by 6-inch deep concrete trail and a 70-foot pedestrian bridge at the north-end of Evers Parkway, the relocation and installation of a 82-foot truss historic bridge, the removal of 26,200 square feet of existing 4-foot and 5-foot sidewalks and the installation of a Hawk Signal in Evers Park from Windsor Drive to Riney Road in the City of Denton. The Project will link pedestrians and bicyclists with recreational and educational activities within the community. CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

Any project changes proposed must be submitted in writing by the Local Government to the State. Changes may also require an amendment to the LPAFA and the approval of the Federal Highway Administration (FHWA), the State, or the Commission. Any changes undertaken without written approval and agreement amendment may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project.

5. Right of Way and Real Property Acquisition Right of way and real property acquisition shall be the responsibility of the Local Government, as stated in the Master Agreement unless otherwise provided below: A. Right of way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. If the Local Government is the owner of any part of the Project site under this LPAFA, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. B. The Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. C. The Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. D. The State will not reimburse the Local Government for any real property acquired before execution of this LPAFA and before federal spending authority is approved. E. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record . F. The Local Government agrees to make a determination of property values for each real property parcel to be purchased with federal funds by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage, and recommended compensation. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of

• • • I I I _ I - r- , .... - ~--- :- ... 0 ·- ... -1 CSJ #: 0918-46-273 Fed.#: STP 2014(1 05)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market value. G. Condemnation shall not be used to acquire real property for this enhancement Project. H. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this LPAFA. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's predetermined fair market value of each parcel, or the net cost of .each parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. Any costs associated with the relocation of displaced persons and personal property, as well as incidental expenses incurred in acquiring property to implement a TE project, will be the responsibility of the Local Government and current property owner at no cost to the State. I. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this LPAFA. The separate agreement must establish that the Project will be dedicated for public use for a period of time commensurate with the federal investment, but not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion . The separate agreement must be approved by the State prior to its execution. A copy of the executed separate agreement shall be provided to the State. J. The Local Government agrees to execute individually or produce a legal document as necessary to provide for the Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. K. Local governments receiving federal funds must retain an inventory of funded items and monitor projects in accordance with 23 CFR 710 and 49 CFR 18, and with the procedures provided in the State's Local Government Project Procedures manual. The Local Government agrees to monitor the Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the federal funds, as appropriate. 1. The Local Government agrees to the review of their Project accounts and site visits by the State during the development of the Project at any time; 2. Upon Project completion, the State will continue to perform periodic visits to confirm the Project's continued use and upkeep. L. Forty five (45) days prior to any construction contract let date, the Local Government shall provide a certification to the State that all real property has been acquired. CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE District #: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

6. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work, unless specified in the Transportation Enhancement Nomination form and approved by the State. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction begins.

7. Environmental Assessment and Mitigation A. Environmental assessment and mitigation will be carried out as stated in the Master Agreement, unless otherwise specified in the Transportation Enhancement Nomination form and approved by the State. These costs will not be reimbursed or credited towards the Local Government's financial share of the Project unless specified in the nominating form and approved by the State. B. Forty five (45) days prior to any construction contract let date, the Local Government shall provide a certification to the State that all environmental problems have been remediated. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government. Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and the Local Government will be seeking reimbursement for these services; and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements. A. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with the State's applicable Standard Specifications tor Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway Transportation Officials' (AASHTO) publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as .::mnlir.:=~hiP All r.nntr;:Jr.t nrnr.llrP.mP.nt nmr.P.rlures and documents must adhere to the CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by the State in writing in advance. B. When architectural and engineering services are provided by or through the Local Government, the Local Government shall submit any plans it has completed to the State for review and approval. The Local Government may also submit the plans to the State for review anytime prior to completion. The Local Government shall make the necessary revisions determined by the State. The Local Government will not let the construction contract until all required plans have received State approval. C. When architectural and engineering services are provided by or through the State, then the following applies: The State is responsible for the delivery and performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the Project purposes. The State will cooperate fully with the Local Government in accomplishing these Project purposes to the degree permitted by state and federal law.

9. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the construction contract is awarded by the State or by the Local Government. C. All contract change order review and approval procedures must be approved by the State prior to start of construction. D. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this LPAFA will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Part 635, Subpart B. F. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by the State and the Local Government prior to authorizing the contractor to perform the work. Prior to completion of the Project, the party responsible for construction will notify the other party to this LPAFA of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

10. Project Maintenance A. Upon completion of the Project the Local Government will be responsible for maintaining · the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should the Local Government at any time after Project completion decide it can no longer maintain and operate the Project for its intended purpose, the Local Government shall return the federal funds in accordance with CFR federal recapture requirements. Should the Local Government consider conveying the property, the State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction detailing any required recapture must be obtained from FHWA prior to the transaction. Advance notice from the Local Government of their intended action must be submitted to the State for an FHWA review a minimum of sixty (60) days prior to any action being taken by the Local Government. The Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from the Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to the Local Government as a result of the Project shall remain in the name of the Local Government. The State shall not be responsible for honoring any warranties under this LPAFA. C. Should the Local Government derive any income from the development and operation of the Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property, shall be set aside for future maintenance. A project income report shall be submitted to the State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures established under OMB-133 and with the property management standards established in Title 49 CFR §18.32. D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of the Project.

11. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C, showing the total estimated development cost of the Project. This estimate shows the itemized cost of real property, utilities, environmental assessments and remediation, construction, and any other substantial items of cost. To be eligible for reimbursement, costs must have been included in the itemized budget section of the nomination form approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have hoon "hlin~t<=>n tho ~btl'> will c:,:>nrl tn thl'> I nr.;:1l r,mtPrnmPnt ~ r.nnv nf thP. fnrm::il CSJ #: 0918-46-273 Fed . #: STP 2014(105)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park : From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this LPAFA for which reimbursement will be provided by or through the State, the Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the budget provided in the project nomination form is included as Attachment C. Attachment C shows the percentage and estimated dollar amounts to be contributed to the Project by state and local sources, as well as the maximum amount in federal Transportation Enhancement Funds assigned by the Commission to the project. The parties agree that this agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, FPAA, or other federal document. D. The Local Government will be responsible for all non-federal participation costs associated with the Project, including any overruns in excess of the Project cost estimate and any operating or maintenance expenses. E. The State will be responsible for securing the federal share of funding required for the development and construction of the Project, in an amount not to exceed eighty percent (80%) of the actual cost of the work up to the amount of funds approved for the Project by the Texas Transportation Commission. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to Project selection by the Texas Transportation Commission and approval by the State to proceed are not eligible for reimbursement. F. Following execution of this LPAFA, but prior to the performance of any review work by the State, the Local Government will pay to the State the amount sufficient to cover the estimated cost for the State's review. The Local Government shall advance to the State !w.enty: percent (20%) of the State's administrative and associated cost for review of the plans, specifications, and estimate. The Local Government must also advance to the State zero percent (0%) of the Project's estimated preliminary engineering cost, if the State is administering the architectural or engineering contract. The estimated amount of this advance for this Project's preliminary engineering is $21 ,874 in cash. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government must advance to the State twenty: percent (20%) of the State's administrative and associated costs for letting and construction. The Local Government shall also remit its remaining financial share for the Project's estimated construction and construction CSJ #: 0918-46-273 Fed. #: STP 2014(1 OS)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

engineering costs if the State is letting the project. The amount to be advanced for this Project's Construction is estimated to be _ru.J...87 4 in cash. G. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government is responsible for !wenty percent (20%) of the authorized Project cost and one hundred percent (1 00%) of any overruns above the federally authorized amount. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. H. Whenever funds are paid by the Local Government to the State under this LPAFA, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. J. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended federal funds. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. K. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal Regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. L. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this LPAFA or indirectly through a contract or subcontract under this LPAFA. Acceptance of funds directly under this LPAFA or indirectly through a contract or subcontract under this LPAFA acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. M. The State will not pay interest on any funds provided by the Local Government. N. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this LPAFA. CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

0. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 12. Inspection of Books and Records The parties to this LPAFA shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this LPAFA and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the agreement period and for four (4) years from the date of completion of work defined under this LPAFA or until any impending litigation, or claims are resolved . Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this LPAFA for the purpose of making audits, examinations, excerpts, and transcriptions. 13. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 14. Lobbying Certification The parties to this LPAFA reaffirm that no federal funds were used to lobby for Project funds, but that if any lobbying occurred, it has been reported to the State, pursuant to the requirements of the Master Agreement. 15. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar format. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in which the activity will be completed in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by . the State in the format directed by the State.

16. Incorporation The Master Agreement is incorporated into this LPAFA as if fully set forth in this LPAFA. CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

17. Insurance If this LPAFA authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 18. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this U)AFA, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principles, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this LPAFA shall require any party to a contract, subcontract, or purchase order awarded under this LPAFA to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 19. Civil Rights Compliance The Local Government shall comply with the regulations of the U.S. Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60) . 20. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26 . B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actiqns. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. CSJ #: 09"1 8-46-273 Fed.#: STP 2014(1 OS)TE District #: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this LPAFA. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shalf carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate.

21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-201 0-09-14/pdf/201 0-22705.pdf and http://www.g po.qo v/fQ_§ys/pkg/F R-201 0-09-14/pdf/201 0-227 06.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11 00) if this award provides for more than $25,000 in Federal funding . The CCR number may be obtained by visiting the CCR web-site whose address is: https://www. sam.gov/portal/public/SAM/; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (0&8) on line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii . The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. CSJ #: 0918-46-273 Fed . #: STP 2014(105)TE District #: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P .L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMS Circular A-133. B. If threshold expenditures of $750,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inslde-txdot/office/audillcontact.html. C. If expenditures are less than $750,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the LPAFA, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT- CITY OF DENTON

By: George~~~ C. Campbell City Manager --· Approved as to Form: ATTEST: Anita Burgess Jennifer Walters City Attorney Cit ecretary ~("':/./~/ By: ... ~ m. - ~ /"' nita Burgess / · City Attorney

:~E:~p Date : f5l6/o/ //v - r~/ ~ nneth Stewa ' lntenm Director of Contract Serv1ces Texas Department of Transportation CSJ #: 0918-46-273 Fed.#: STP 2014(105)TE District#: 18·-Da\las Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Loop) Federal Highway Administration CFDA #: 20.205 Not Research and Development

ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA ATTACHMENT A ORDINANCE NO. 2014-215

AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY lv!ANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHAU,. OF THE CITY OF DENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR THE EVERS PARK BIUDGE AND TRAIL PROJECT; AUTHOI.UZING THE CITY :tv'1ANAGER TO EXPEND FUNDS PROVIDED FOR IN THE GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE.

\VHEREAS, the City Manager recommends that the City accept an Agreement with the Texas Department of Transportation ("TxDOT") providing a transportation enhancement grant of $!,677,021 for the Evers Park Bridge and Trail Project and requiring the City to provide $335,404 in local participation funds; and

WHEREAS, the City Council deems the acceptance of this Agreement \Vith TxDOT to be in the public interest; NOW, THEREFORE,

TI-IE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:

SECTION l. The City Manager of the City of Denton, or his designee, is hereby authorized to execute on behalf of the City of Denton an acceptance of an oflcr from the Texas Department of Transportation relating to a grant for the Evers Park Bridge and Trail Project, a copy of such grant being attached hereto ~md made a part hereof for all purposes (the "Grant Agreement").

SECTION 2. The City Manager is hereby authorized to expend such funds as me provided for in the Grant Agreement and to take all actions necessary to implement the Grant Agreement.

SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /5/Uday of{jo ~ - ·ltA .1014. (~,~~

ATTEST: JENNIFER WALTERS, CITY SECRETARY

APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY CSJ #: 09 18-46-273 Fed . #: STP 2014(105)TE District#: 18-Dallas Code Chart 64 #: 11400 Project: Evers Park Bridge and Trail Limits: Evers Park: From Windsor Drive to Riney Road (NW Denton Trail Lo op) Federal Highway Administration CFDA #: 20.205 Not Research and Development

ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS OFF SYSTEM- TE Project Budget Estimate LG Performs PE Work or Hires Consultant I Local Let Proicct to Construction C Federal Participation Local Participation -ription of Project Cost to be incurred: Total Estimated (80% or<) State Participation= 0 (20% or greater) Cost= Max TE $1,341,617 Is will retain their local match for those Authorized ces administered/contracted themselves. Amount % Cost % Cost % Cost ning, research, surveying, education for construction related projects $0 0% $0 0% $0 !00% $0 ties- by LG $0 0% $ 0% $0 100% $0 ron mental Cost - by LG $0 0% $0 0% $0 100% $0 tofWay-by LG $0 0% $0 0% $0 100% $0 total by Local Government so s $0 $0 OT Administrative Cost Incurred - PE: TxDOT's ADM Cost is based on 15% of the overall Nomination's budget estimate *Due within 30 days OT- PE Phase- Direct State Cost :ws, clearances, admin ., coordination, etc. $109,371 80% $87,497 0% $0 20% *$21 ,87<1 OT Administrative Cost Incurred - CE: Remaining o;., of TxDOT ADM Cost based on current Budget Estimate at letting **Due 60 days prior OT- Construction Phase- Direct State s-oversight. inspection, site visits, etc. $109,371 80% $87,49 0% $0 20% **$21 ,874 ct Project Construction COST Locals retain their local participation below to apply to project cost directly >truction Contract- work bid items, letting I clearances, permits, etc. ,CE $1 ,458,279 80% $1,166,623 0% $0 20% $291 ,65 6 :r Associated Construction Cost $0 0% $0 0% $0 0% $G total Construction $1,567,650 80% S1,254,120 0% 0 20% $313,530 fAL $1,677,021 $1,341,617 $0 $335,404 ~stimated Total Participation by the Local Government is S335,404, plus 100% of overruns. Payment of the Local's share of TxDOT's ADM PE Cost to be incurred is$ 2I,874 due n 30 days from execution of the AFA contract. Payment of the Local's share ofTxDOT's ADM Cost for Construction to be incurred is $21,874 due 60 days prior to the Construction act being advertised for bids. This is an estimate. The eligible percent of required local match as stated in the nomination is 20% or greater. The final amount of Local Government :ip:~tion will be based on actual costs and values. The Maximum TE federal funds available for the project are $1,341,617.

:ll._l Dll.I=A Tl= Paae 1 of 1 Attachment C Date: April 13, 2018 Report No. 2018-044

INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL

SUBJECT: Speed limits along roadways in the City of Denton.

EXECUTIVE SUMMARY: During concluding items of the March 20, 2018 City Council meeting, Council Member Hudspeth inquired if a city-wide speed limit analysis could be performed. City-wide speed limit studies are recommended to be conducted every 5-7 years; staff is expecting to propose a city- wide speed limit study in the next 18-24 months after construction on major thoroughfares and arterials is completed.

Speed limits are established based on engineering studies that include speed surveys to determine the 85th percentile speed limit. The 85th percentile speed is the speed at which 85%of the drivers drive safely and comfortably and is the basis to determine speed limits. The posted speed limits on all City and Texas Department of Transportation (TxDOT) streets is determined using a process that is followed by other agencies throughout the nation and is in accordance with the state and Federal guidelines. Currently the City has approximately 1,350 lane miles of streets and TxDOT has 240 miles of streets within the City limits.

BACKGROUND: A speed limit study is initiated when there are capacity enhancements along a thoroughfare (i.e. street widening). For example, when State Highway 380 was widened recently, TxDOT conducted a speed limit study and it was determined that the speeds be increased to 40 MPH. When the Mayhill and Bonnie Brae projects are complete, the City will initiate a speed study through these corridors to determine the appropriate speed limits. A citywide speed limit study of major arterials and thoroughfares is recommended every 5-7 years to determine the appropriate speeds as conditions change within a community. The cost of the speed study is estimated to cost $70,000-$80,000. A Citywide speed study has not recently been conducted in Denton due to the constant roadway construction activity in the community. The roadway construction affects the driver behavior due to detours, lane closures, and other factors which does not provide a true representation of the appropriate speed of a road. Staff recommends proposing a city-wide speed limit study in the next 18-24 months after construction on major thoroughfares and arterials is completed. Speed limits along City and State roadways are typically established based on engineering studies. The primary criteria used in establishing a speed limit is called the 85th percentile. In the case of local residential streets, the prima facie speed limit (not posted) is consistent with state minimum speed limit of 30 miles per hour in accordance with the Texas Transportation Code.

Use of the 85th percentile speed concept is based on the theory that:  the large majority of drivers: o are reasonable and prudent o do not want to have a crash

Date: April 13, 2018 Report No. 2018-044

o desire to reach their destination in the shortest possible time  a speed at or below which 85% of people drive at any given location under good weather and visibility conditions may be considered as the maximum safe speed for that location.

The results of numerous and extensive “before-and-after” studies substantiates the general propriety and value of the 85th percentile criterion. Statistical techniques show that a normal probability distribution will occur when a random sample of traffic is measured. From the resulting frequency distribution curves, one finds that a certain percentage of drivers drive too fast for the existing conditions and a certain percentage of drivers travel at an unreasonably slow speed compared to the trend of traffic. Most cumulative speed distribution curves “break” at approximately 15% and 85% of the total number of observations (see Figure). Consequently, the motorists observed in the lower 15% are considered to be traveling unreasonably slow and those observed above the 85th percentile value are assumed to be exceeding a safe and reasonable speed. Because of the steep slope of the distribution curve below the 85th percentile value, it can readily be seen that posting a speed below the critical value would penalize a large percentage of reasonable drivers. The example illustrated in adjoining figure shows that a speed posted for 7 MPH below the 85th percentile speed would unfairly penalize 25% of the drivers considered to be driving at a reasonable and prudent speed. Therefore, for purposes of speed zoning, the maximum posted speed should be as near as possible to the 85th percentile value, and whenever minimum speed zones are used, the minimum posted speed should be within 5 MPH of the 15th percentile value. Experience proves these findings valid and shows that the 85th percentile speed is a characteristic of traffic speeds that most closely conforms to a safe and reasonable speed limit. As discussed earlier, speed limits are established by conducting speed surveys calculated at the 85th percentile. The speed limit is usually rounded to the 5 MPH increment that is just higher or lower than the 85% (unless the 85% is calculated at a 5MPH increment). Other factors that can be considered in lowering a speed limit less than the 5MPH increment are:

 roadway pavement width of 20ft or less,  horizontal and vertical curves,  hidden driveways and other roadside developments,  high driveway density,  a high crash history,  substantial pedestrian activity,  rural residential or development area and,  lack of striped and improved shoulders.

Date: April 13, 2018 Report No. 2018-044

The State of Texas considers these other factors as being a means of establishing a speed limit up to 10MPH (12MPH for locations with a crash rate higher than the statewide average) lower than the 85th percentile speed.

STAFF CONTACT: Pritam Deshmukh Traffic Engineer (940) 349-7710 [email protected]

Revision Date 4/13/18 Council Requests for Information Request Request Date Staff Responsible Status 1. Information on cost determination for curb rate vs drop- 6/5/17 Cox Consultant has been hired and started off rate at landfill work on a cost of service study. A presentation to Council is expected in July. 2. Work session on special events/parades and permitting 1/9/18 Howell/Kuechler A brief update was included in the processes required Friday Jan. 12 report, and a work session is planned for May 1. 3. Identify options for partnership with Parks Foundation 2/20/18 Langley A presentation to Council and work session will be on May 1. 4. Change ordinances to show Council Member votes 2/20/18 Walters An ordinance amendment will be on the April 17 agenda. 5. Work session on HOT funds and potential uses (historic 2/27/18 Puente HOT Funds Committee meeting on preservation, public art, cultural district, etc) April 26; scheduled a Council work session after. 6. Staff report on gun sales near schools, any zoning 3/20/18 McDonald/Howell/ Information will be provided in the requirements Leal April 13 report. 7. Request for a city-wide speed limit analysis 3/20/18 Estes/Deshmukh An update will be provided in the Friday April 13 report. 8. Work session on plan for downtown and homelessness 3/20/18 Kuechler A work session will be scheduled in May. 9. Work session on water plan 3/20/18 Banks A work session is tentatively scheduled for May 22. 10. Request for following items to be included in Joint 3/27/18 Hileman/Kuechler Staff will work with Denton ISD and DISD meeting and have broad postings: Legal to draft a broad agenda for joint 1) Policy discussion of programs with Denton PD luncheon meeting on May 7. 2) DISD’s plans for future construction, bonds, land purchases, etc, 3) School safety and SRO program, and 4) DISD Recycling/waste practices– styrofoam usage 11. Report with options of how the City could minimize its 3/27/18 Barnett use of Styrofoam and plastic 12. Work session with a broad posting to discuss Red Light 3/27/18 Deshmukh/Fletcher A work session is tentatively scheduled Camera program, contract, traffic signal management, for May 22. and intersection safety Request Request Date Staff Responsible Status 13. Include a printed copy of the new proposed zoning map 3/27/18 McDonald A printed copy will be provided in the in Friday report Friday April 13 report. 14. DDC - Request for outreach & collaboration with 3/27/18 McDonald An update on outreach & residents impacted, including neighborhood planning communications will be included in the for a new historic register in CM Briggs’ district Friday April 13 report. 15. Request to pass a resolution to urge DPS to take action 4/3/18 Kuechler Preparing for a resolution on May 1. regarding its facility on Loop 288

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council

Tuesday, April 24, 2018 1:00 PM Work Session Room

After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 24, 2018 at 1:00 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:

1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item.

2. Requests for clarification of agenda items listed on the agenda for April 24, 2018.

3. Work Session Reports A. ID 18-532 Receive a report, hold a discussion, and give staff direction regarding a policy and application process to review housing tax credit requests. B. ID 18-646 Receive a report, hold a discussion and give staff direction regarding capital improvements to downtown Mews Streets (Pecan, Austin, Walnut, and Cedar). C. ID 18-649 Receive a report, hold a discussion, and give staff direction regarding the various options to cost effectively complete reconstruction projects for the Street Rehab Bond Program. D. ID 18-651 Receive a report, hold a discussion, and give staff direction regarding the City’s Compliance and Procurement program and initiatives. E. ID 18-652 Receive a report, hold a discussion, and give staff direction regarding the contract administration audit findings and recommendations from Crawford and Associates, P.C. NOTE: 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. 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 the 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.

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Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – D). 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, Consent Agenda Items A – D below 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 18-423 Consider adoption of an ordinance of the City of Denton, a Texas home rule municipal corporation ("City"), approving a Real Estate Exchange and Abandonment Agreement ("Agreement") between the Warehouser of Denton, L.P., a Texas limited partnership ("Warehouser of Denton"), for (I) the abandonment and release by the City of 0.103 acre right-of-way tract, (II) the conveyance from Warehouser of Denton to City for a 0.002 acre sidewalk easement tract, (III) the conveyance from Warehouser of Denton to City for a 0.06 Pedestrian Access Easement, and (IV) the conveyance from Warehouser of Denton to City for a 0.04 acre fee tract, all in exchange for the conveyance to the City of (I) a 0.103 acre right-of-way tract, all cited tracts situated in the H. Cisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, generally located at the southeast corner of Bell Avenue and McKinney Street; authorizing the City Manager in accordance with Local Government Code 272.001(B)(3) to execute the Agreement; and providing and effective date. (E. Oak Street - partial abandonment) B. ID 18-534 Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a Primary Representative as the official voting representative to the North Central Texas Council of Governments’ Regional Transportation Council (Hereinafter RTC); providing a repealer; and providing an effective date. The Mobility Committee recommends (0-0). C. ID 18-549 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement for engineering and architectural services for the investigation of existing pavement failures on selected concrete streets; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-001- awarded to Teague Nall and Perkins, Inc., in the not-to-exceed amount of $173,400).

2. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 18-559 Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2017-18 Budget and Annual Program of Services of the City of Denton to allow for increases to: (A) the General Fund of $951,800 for the purpose of funding police facility and park improvement projects, (B) the Park Development Trust Fund of $288,000 for the purpose of funding park property enhancements, and (C) the Capital Improvement Program of $8,263,619 for the purpose of funding drainage, police facility, streets and parks capital projects; declaring a municipal purpose; providing a severability clause; providing an open meetings clause; and providing for an effective date. B. ID 18-654 Consider approval of a resolution of the City Council of the City of Denton, Texas requesting the Denton County Transportation Authority establish a minimum $250,000 annual investment in passenger amenities for the City of Denton service area; and

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providing an effective date.

3. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the 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. 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 ______day of ______, 2018 at ______o'clock (a.m.) (p.m.)

______CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE 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 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE.

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Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2 11:30 am Council 3 4 5 6 7 Luncheon–Cancelled 10:30am Committee on 4 p.m. Public Art 1:30pm Committee on Citizen Engagement Committee the Environment Cancelled 11:30 am CC Work 5:30pm Traffic Safety Session 6:30 pm CC Regular Park Board 6 pm Session 8 9 10 11 12 13 14 9:00am Public Utilities 10:00 am Audit/Finance 11:00am EDP Board 1:00 pm Council Board Committee 5:00pm P&Z Work Airport Committee Session 5:30pm HLC 11:30 am 2nd Tuesday 6:30pm P&Z Regular Session Session

15 16 17 18 19 20 21 12:00 pm CC Work 9:0am Development Session Code Review HaBSCo Meeting- 6:30 pm CC Regular Committee Cancelled Session 11:30am Mobility Committee

4:00pm Special Called P&Z Work Session 22 23 24 25 26 27 28 6:00pm Public Utilities 10:00 am Council 5:00pm P&Z Work HOT Meeting Board Airport Committee Session 10:00am 6:30pm P&Z Regular 1:00 pm 4th Tuesday Session Session

29 30

4:00 pm ZBA

4/13/2018 2:14 PM

May 2018

Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 2:00 pm CC Work 4 p.m. Public Art Session Committee 6:30 pm CC Regular Session

7 9:00am Public Utilities 6 8 9 10 11 12 Board (revisit the time) 2:00 pm 2nd Tuesday 11:00am EDP Board 11:00am-2pm Joint Session Council/DISD Luncheon Meeting 5:00pm P&Z Work 1:30pm Committee on Session the Environment 6:30pm P&Z Regular 5:30pm Traffic Safety Session Park Board TOUR 5 pm

13 14 15 16 17 18 19 5:30pm HLC Election Meeting HaBSCo Meeting Commission

20 21 22 23 24 25 26 6:00pm Public Utilities 2:00 pm CC Work 5:00pm P&Z Work Board Session Session 6:30 pm CC Regular 6:30pm P&Z Regular 4:00 pm ZBA Session Session

27 28 29 30 31 Memorial Day - No Council Meeting City Holiday

4/13/2018 2:14 PM

4/11/18 FUTURE CITY COUNCIL ITEMS

Note: This is a working draft of pending Council items and is subject to change without notice. Meeting Date Deadlines Item Captions – April 2 WS – Economic Development mid-year update (City & Chamber) Backup – April 13 WS – Energy Risk Management Policy Update WS – Mayhill Substation Update WS – Update on DDC (Module 3 Development Standards) April 17 – Work/Regular Session CA – Ordinance relative to citizen reports CA – Ordinance relative to Council votes listed on ordinances IC – Ethics ordinance adoption IC – Employee Ethics Policy adoption IC – Notice of intent to sell bonds Captions – April 9 WS – Contract Admin. Audit th Backup – April 20 WS – Overview of Compliance Program April 24 – 4 Tuesday Session WS – Street rehab program WS – Housing Tax Credit Policy and Application Captions – April 16 WS – Comm. Dev. Advisory Cmte. and Human Services Advisory Backup – April 27 Cmte. recommendations WS – Special Events WS – Downtown Standards CA – RTC alternate representative May 1 – Work/Regular Session PH – Reinvestment Zone Fisher59 IC – TAA Fisher59 IC – Chapter 380 Fisher59 IC – Chapter 380 US Cold Storage IC – Renewable PPA Captions – April 23 Joint Meeting with DISD May 7 – Luncheon Backup – May 3 Captions – April 23 May 8 – 2nd Tuesday Session Backup – May 4 Captions – April 30 May 15 – Election Meeting Backup – May 11 Installation of CC Members Only Captions – May 7 WS – Red light cameras May 22 – Work/Regular Session Backup – May 18 WS – Drainage and floodplain discussion May 29 – No Meeting Memorial Day holiday observed- City Offices closed 5/28 Captions – May 21 WS – Department Budget Presentations June 4 – Luncheon Backup – May 31 WS – Teen Council update

CA-Consent Agenda IC-Individual Consideration WS-Work Session CM-Closed Meeting PH-Public Hearing Meeting Date Deadlines Item Captions – May 21 WS – Preliminary Budget Discussion June 5 – Work/Regular Session Backup – June 1 WS – Department Budget Presentations IC – Comm. Dev. 2018/19 Action Plan Captions – May 25 USCM, Boston, 6/8-6/11 June 12 – 2nd Tuesday Session Backup – June 8 WS – Department Budget Presentations Captions – June 4 TCMA, Galveston, 6/21-24 June 19 – Work/Regular Session Backup – June 15 WS – Department Budget Presentations Captions – June 11 WS – Department Budget Presentations June 26 – 4th Tuesday Session Backup – June 22 July 2 – No Luncheon July 3 – No Meeting July 4th holiday observed – City Offices closed July 10 – No Meeting Captions – July 2 WS – 2nd Preliminary Budget Discussion July 17 – Work/Regular Session Backup – July 13 WS – Department Budget Presentations IC – EDP Board nominating committee Captions – July 9 WS – Department Budget Presentations July 24 – 4th Tuesday Session Backup July 20 WS – Chamber ED contract July 31 – No Meeting Captions – July 16 August 2 – Budget Workshop Backup – July 27 Captions – July 23 WS – Department Budget Presentations August 6 – Luncheon Backup – August 2 Captions – July 23 WS – Department Budget Presentations August 7 – Work/Regular Session Backup – August 3 WS – Budget Workshop Captions – July 30 WS – Budget Workshop August 14 – 2nd Tuesday Session Backup – August 10 Captions – August 6 WS – Budget Workshop August 21 – Work/Regular Session Backup – August 17 IC – Chamber ED contract Captions – August 13 WS – Budget Workshop August 28 – 4th Tuesday Session Backup – August 24 PH – 1st Public Hearing on the Tax Rate September 3 – No Luncheon Labor Day holiday September 4 – No Meeting Captions – August 27 WS – Budget Workshop September 11–Special Called Work/Regular Backup – September 7 PH – 2nd Public Hearing on the Tax Rate Session PH – Public Hearing on the Budget Captions – August 31 WS – Budget Workshop September 18 – Work/Regular Session Backup – September 14 IC – Adoption of Budget

CA-Consent Agenda IC-Individual Consideration WS-Work Session CM-Closed Meeting PH-Public Hearing Meeting Date Deadlines Item Captions – September 10 September 25 – 4th Tuesday Session Backup – September 21 Captions – September 17 October 1 – Luncheon Backup – September 27 October 2 – No Meeting National Night Out Captions – September 24 TML, Fort Worth, 10/9-10/12 October 9 – 2nd Tuesday Meeting Backup – October 5 October 16 – Work/Regular Session Captions – October 1 Backup – October 12 Captions – October 8 WS – Stoke annual report October 23 – 4th Tuesday Session Backup – October 19 October 30 – No Meeting Captions – October 22 November 5 – Luncheon Backup – November 1 Captions – October 22 NLC, Los Angeles, 11/7-11/10 November 6 – Work/Regular Session Backup – November 2 IC – Stoke contract renewal Captions – October 29 November 13 – 2nd Tuesday Session Backup – November 9 November 20 – No Meeting Thanksgiving Holiday observed–City Offices Closed 11/22-23 Captions – November 12 November 27 – 4th Tuesday Session Backup – November 21 Tentative-Based on Need Captions – November 19 December 3 – Luncheon Backup – November 29 Captions – November 19 December 4 – Work/Regular Session Backup – November 30 Captions – November 26 December 11 – 2nd Tuesday Session Backup – December 7 Captions – December 3 December 18 – Work/Regular Session Backup – December 14 Tentative-Based on Need December 25 – No Meeting Christmas Holiday observed–City Offices Closed 12/24-25

CA-Consent Agenda IC-Individual Consideration WS-Work Session CM-Closed Meeting PH-Public Hearing Construction Projects Report

Week of Apr 16-22, 2018

Proposed Date of Proposed Date Other Department Street/Intersection From To Construction of Completion Brief Description of Construction Department Letters Communication Contact: CURRENT PROJECTS See Yellow Highlighted for Major Closures Mill/Overlay Auburn Dr. Georgetown Bowling Green 2/19/18 4/30/18 Streets 1/31/18 Door Hangers (940) 349-7160 (Temporary Road Closures) UNT 2018 Residence Hall Project Coordinate with Ave. A Maple Eagle 3/19/18 4/30/18 Engineering N/A (940) 349-8910 (Temporary Lane Closures) UNT Brown Street Widening Bonnie Brae St. Joe Van Way 7/1/17 07/ Engineering N/A (940) 349-8910 Brothers Trl (Phase 1) Building Bonnie Brae St. Hwy 380 Intersection 3/14/18 TBD Commercial Driveway Construction N/A (940) 349-8360 Inspections Street Reconstruction Brandywine Cir. Briarwood Dead End 2/20/18 5/7/18 Streets 2/16/18 Door Hangers (940) 349-7160 (Temporary Lane Closures) Street Reconstruction Brandywine St. Briarwood Brandywine Cr. 2/20/18 5/7/18 Streets 2/16/18 Door Hangers (940) 349-7160 (Temporary Lane Closures) Drainage Improvements Canterbury Ct. Hollyhill I-35 4/9/18 6/15/18 Engineering 3/26/18 Door Hangers (940) 349-8910 (Temporary Lane Closures) Country Home/Eagle Concrete Panel Repairs Clear River Cul de Sac 4/9/18 5/14/18 Streets N/A Door Hangers (940) 349-7160 Wing (No Detours) Mill/Overlay Egan St. Amarillo Malone 2/5/18 5/7/18 Streets 1/24/18 Door Hangers (940) 349-7160 (Temporary Road Closures) Street Resurfacing, Curb and Gutter Gober St. Scripture Panhandle 4/22/18 5/28/18 Streets 4/9/18 Door Hangers (940) 349-7160 (Temporary Lane Closures) Street Reconstruction Door Hangers, Hickory St. Bonnie Brae N Texas 1/2/18 5/11/18 Streets 2/7/18 (940) 349-7160 (Temporary Road Closures) Public Meetings Proposed Date of Proposed Date Other Department Street/Intersection From To Construction of Completion Brief Description of Construction Department Letters Communication Contact: CURRENTHoliday Park Phase 2PROJECTSManhattan Kings Row 11/10/17See Yellow12/1/18 HighlightedWastewater Main Construction for MajorWastewater Closures11/16/18 Door Hangers (940) 349-8489

Holiday Park Phase 2 Yellowstone Sherman 3/6/18 TBD Water Main Construction Water 2/28/18 Door Hangers (940) 349-7181

Cobblestone North Dead Street Reconstruction Linda Ln. 4/23/18 6/8/18 Streets 4/9/18 (940) 349-7160 Row End (Temporary Road Closures) Curb and Gutter Repairs Linden Dr. Malone Ponder 3/19/18 4/27/18 Streets No Door Hangers (940) 349-7160 (Temporary Lane Closures) Street Resurfacing Linden Dr. Malone Ponder 4/18/18 5/7/18 Streets 4/9/18 Door Hangers (940) 349-7160 (Temporary Lane Closures) Base Failure Repairs Contacted through Locust St. Walnut Oak 4/23/18 4/27/18 Streets 4/9/18 (940) 349-7160 (Temporary Lane Closures) Julie Glover

McKinney St. Bolivar Cedar 11/14/17 4/29/18 Parking Lot Reconstruction Engineering 11/2/17 (940) 349-8910

Street Resurfacing, Curb and Gutter Market St. Loop 288 N Blake 4/16/18 5/7/18 Streets 4/9/18 Door Hangers (940) 349-7160 (Temporary Lane Closures) Street Reconstruction 1/3/18, Mayhill Rd. US 380 Edwards 9/1/17 2/1/20 Engineering Door Hangers (940) 349-8910 (Temporary Road Closures) 1/24/18 Street Reconstruction Public Meeting, Mockingbird Ln. McKinney Paisley 10/23/17 4/27/18 Streets 10/10/17 (940) 349-7160 (Temporary Road Closures) Door Hangers Street Resurfacing, Curb and Gutter Panhandle St. Carroll Bolivar 4/18/18 5/7/18 4/9/18 Door Hangers (940) 349-7160 (Temporary Lane Closures) Water and Wastewater Crossing Prominence Pkwy. Mayhill Atlanta 1/31/18 8/31/18 Engineering 1/24/18 (940) 349-8910 (Road Closure) Road Removal and Replacement Riney Rd. N Elm Solana 9/29/17 7/29/18 Engineering Yes (940) 349-8910 (Road Closure) Proposed Date of Proposed Date Other Department Street/Intersection From To Construction of Completion Brief Description of Construction Department Letters Communication Contact:

Kansas City Drainage and Roadway Construction Roselawn Bonnie Brae 3/26/18 TBD Engineering N/A (940) 349-8910 CURRENT PROJECTSSouthern RR See Yellow Highlighted(One Lane traffic control)for Major Closures

Sagebrush Dr. Multiple Multiple 2/15/18 5/1/18 Wastewater Main Construction Wastewater 2/9/18 Door Hangers (940) 349-8489

Sagebrush Dr. Multiple Multiple TBD TBD Streets Construction Streets (940) 349-7160

Right Turn Lane Installation Shady Oaks Dr. Shady Oaks S. Woodrow 3/19/18 4/19/18 Streets 2/28/18 (940) 349-7160 (Closed 8 P.M. to 6 A.M.) Concrete Panel Repairs (Temporary Shiloh Rd. Natchez Trace Shenandoah 3/19/18 4/30/18 Streets 3/7/18 Door Hangers (940) 349-7160 Lane Closures) Lowe's Water Line Replacement Contacted Spencer Rd. Mayhill 4/2/18 9/29/18 Water 3/16/18 (940) 349-7181 Driveway (Road Closure) departments affected Lowe's Drainage Rebuild Contacted Spencer Rd. Mayhill 4/2/18 9/29/18 Drainage 3/16/18 (940) 349-8488 Driveway (Road Closure) departments affected Lowe's Road Reconstruction Contacted Spencer Rd. Mayhill 4/2/18 9/29/18 Engineering 3/16/18 (940) 349-8912 Driveway (Road Closure) departments affected Concrete Panel Repairs (Temporary Unicorn Lake Blvd. Wind River State School 3/12/18 4/30/18 Streets 3/7/18 Door Hangers (940) 349-7160 Lane Closures) UNT 2018 CVAD Project Welch St. Mulberry Chestnut 4/11/18 6/30/18 Drive approach/Sidewalk Engineering 3/19/18 3/30/2018 (940) 349-8910 (Temporary Lane Closures) Parking Lot Construction Wood St Sycamore Dead End 4/18/18 5/25/18 Streets N/A (940) 349-7160 (Complete Closure Parking Area /Park) Utility Construction W. Walnut St. S. Elm Cedar 4/16/18 4/20/18 Engineering N/A (940) 349-8910 (Temporary Road Closures) Proposed Date of Proposed Date Other Department Street/Intersection From To Construction of Completion Brief Description of Construction Department Letters Communication Contact: COMPLETEDCURRENT PROJECTS PROJECTS See Yellow Highlighted for Major Closures

Ave. C Eagle Ave C 2/20/18 3/29/18 Electric Construction Engineering (940) 349-8910

Manhole Installation Bell St. Bell Prairie 4/5/18 4/6/18 Wastewater (940) 349-7300 (Temporary Lane Closures) Mill/Overlay Belhaven St. Georgetown Bowling Green 2/19/18 4/30/18 Streets 1/31/18 Door Hangers (940) 349-7160 (Temporary Road Closures) Concrete Panel Repairs (Temporary Brinker Rd. Medpark Loop 288 2/12/18 4/27/18 Streets N/A (940) 349-7160 Lane Closures) Mill/Overlay Fordham Ln. Amherst Bowling Green 2/19/18 4/30/18 Streets 2/14/18 Door Hangers (940) 349-7160 (Temporary Road Closures) Mill/Overlay Gober St. Linden Cordell 1/24/18 3/30/18 Streets 1/9/18 Door Hangers (940) 349-7160 (Temporary Road Closures) Base Failure Repairs Hickory Creek Rd. Teasley Riverpass 3/12/18 3/30/18 Streets N/A (940) 349-7160 (Temporary Lane Closures) Street Panel Repair Potomac Pkwy. Shiloh Shenandoah 2/12/18 4/6/18 Streets 2/6/18 Door Hangers (940) 349-7160 (Temporary Lane Closures) UPCOMING PROJECTS Street Widening Bonnie Brae St. US 377 I35W 2018 2020 Engineering (940) 349-8910 (Phase 2) Brown Street Widening Bonnie Brae St. I35E 2019 2021 Engineering (940) 349-8910 Brothers Trl (Phase 1) Street Widening Bonnie Brae St. TBD TBD TBD TBD Engineering (940) 349-8910 (Phase 1) Street Panel Repair Cape Town Desert Willow Bishop Pine Summer 2018 TBD Streets (940) 349-7160 (No detours) Proposed Date of Proposed Date Other Department Street/Intersection From To Construction of Completion Brief Description of Construction Department Letters Communication Contact: CURRENTFulton St. PROJECTS TBDSee YellowTBD HighlightedWater, Wastewater, andfor Streets MajorMultiple Closures Hettie St. TBD TBD Water, Wastewater, and Streets Multiple

Hinkle Dr. TBD TBD Water, Wastewater, Drainage, Streets Multiple

Street Improvements Londonderry Ln. Teasley Westminster 9/1/18 TBD Streets (940) 349-7160 (Temporary Lane Closures)

Malone St. Crescent Westminster Summer 2018 Water Main Construction Water (940) 349-7181

PEC 4 - Engineering In Design Installing Underground Box Culvert Engineering (940) 349-8910

Smith-Johnson Summer 2018 Water, Wastewater, Drainage, Streets Engineering (940) 349-8910

Thomas St. TBD TBD Water, Wastewater, and Streets Multiple

Wayne St. TBD TBD Water, Wastewater, and Streets Multiple

Windsor Dr. TBD TBD Water, Wastewater, Drainage, Streets Engineering (940) 349-8910