CITY OF DENISON CITY COUNCIL MEETING AGENDA. Monday, November 4, 2013

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1 CITY OF DENISON CITY COUNCIL MEETING AGENDA Monday, November 4, 2013 After determining that a quorum is present, the City Council of the City of Denison, Texas will convene in a Regular Meeting on Monday, November 4, 2013 at 6:00 PM. in the Council Chambers at City Hall, 500 West Chestnut St., Denison, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE AND INVOCATION A. Invocation B. Pledge of Allegiance United States Flag I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. 2. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations any prior Board or Council action as the case may be from time to time. Approval of the Consent Agenda authorizes the City Manager to implement each item in accordance with the Staff recommendations. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three (3) minutes. Listed below are bids, purchase orders, contracts, and other times to be approved under the Consent Agenda. This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items 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. Receive a report, hold a discussion and take action on approving the minutes from October 21, B. Receive a report, hold a discussion and approve of the Council Meeting dates for C. Receive a report, hold a discussion and take action on electing a representative to the Grayson Appraisal District Board of Directors. D. Receive a report, hold a discussion, and approve a contract with Grayson County for

2 provision of library services. E. Receive a report, hold a discussion, and take action to authorize purchases of a Side Loader Truck, Dump Truck, Crawler Loader, Backhoe and Dozer, which are built into the budget. F. Receive a report, hold a discussion, and approve resolutions from Chase on our two new lease purchase agreements. G. Receive a report, hold a discussion, and approve the award for bid for the depository contract pursuant to bids opened on October 11, H. Receive a report, hold a discussion, and take action to award a purchase of polyethylene trash bags for FY pursuant to bids opened Friday, October 25, I. Receive a report, hold a discussion, and approve by signature of the mayor the Equitable Sharing Agreement and Certification as required by the Department of Justice and the Department of Treasury, and the FY 2013 Chapter 59 Asset Forfeiture Report by Law Enforcement Agency as required by Office of the Texas Attorney General. J. Receive a report, hold a discussion and authorize the City Manager to renew membership in the Electric Reliability Council of Texas ("ERCOT") for PUBLIC HEARINGS Citizens may speak on items listed on this agenda as Public Hearings. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the item listed under Public Hearings. Citizen comments on public hearings are limited to three (3) minutes. A. Receive a report, hold a public hearing and consider an ordinance for a zone change from Neighborhood Service District to Single Family7.5 District for property out of Millers 2nd Addition, Lot 1, Block 67, 1200 W. Chestnut 4. EXECUTIVE SESSION Pursuant to Chapter 551, Texas Government Code, the Council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting to receive legal advice from its attorney on any posted agenda item as permitted by law or to discuss the following: A. Pending Or Contemplated Litigation Or To Seek Advice Of The City Attorney Pursuant To Section

3 B. Discussion Regarding Possible Purchases, Exchange, Lease, Or Value Of Real Property Pursuant To Section C. Deliberation Regarding Gifts or Donations To The City Pursuant To Section D. Personnel Matters Pursuant To Section (To Deliberate The Appointment, Employment, Evaluation, Reassignment Of Duties, Discipline Or Dismissal Of A Public Officer Or Employee). 1. Receive a report, hold a discussion and take action on the duties, responsibilities and performance of the City Manager. 2. Receive a report, hold a discussion and take action on appointing a member to the Fairview Cemetery Advisory Board to fill an unexpired term. E. Deliberation Regarding Security Pursuant To Section F. Deliberations Regarding Economic Development Negotiations Pursuant To Section Receive a report, hold a discussion and provide Staff direction in regards to TPJ Properties. CERTIFICATION I do hereby certify that a copy of this Notice of Meeting was posted on the City Hall bulletin Board readily accessible to the general public at all times, and posted on the City of Denison website on the 1st day of November, Carrie Hart, City Secretary In compliance with the Americans With Disabilities Act, the City of Denison will provide for reasonable accommodations for persons attending City Council meeting. To better serve you, requests should be received 48 hours prior to the meetings. Please contact the City Secretary s Office at ext: 2441.

4 Announce the presence of a quorum. MINUTES OF REGULAR CITY COUNCIL MEETING CITY OF DENISON MONDAY, OCTOBER 21, 2013 CALL TO ORDER Mayor Jared Johnson called the meeting to order at 6:00 p.m. City Council members present were Mayor Pro Tem David Spindle, Council members Bill Malvern, Michael Baecht, Janet Gott and Ken Brawley. Absent was Council member Matt Hanley. Staff present were Planning & Zoning Director Faye Brockett, Finance Director Renee Waggoner, Public Works Director David Howerton and City Secretary Carrie Hart. Members of the media were also present. INVOCATION & PLEDGE OF ALLEGIANCE Councilmember Ken Brawley gave the Invocation followed by the Pledge of Allegiance. 2. PROCLAMATIONS AND PRESENTATION A. Introduction of the Denison Chamber of Commerce Leadership Institute Class Council Action Mr. Cap Chesser introduce the Denison Chamber of Commerce Leadership Institute Class of Members introduced were Shelly Kisel, Patti Laroche, Justin Scheiner, Debi Davidson, Carrie Hart, Beth Kratochvil, Michael Courtright, Kathy Miller, Stacy Means, John Akers and Larry Adams. 3. CONSENT AGENDA A. Receive a report, hold a discussion, and take action on approving the minutes from the Special Meeting on October 4, 2013 and the Regular Meeting on October 7, B. Receive a report, hold a discussion and give staff approval to move forward with loan documents from Chase based on their proposal for a tax-exempt lease purchase agreement. C. Receive a report, hold a discussion and approve the Investment Policy. D. Receive a report, hold a discussion and approve the resolution for application for participation in TexPool. E. Receive a report, hold a discussion and approve the resolution for application for participation in TexSTAR.

5 F. Receive a report, hold a discussion and consider an Ordinance creating A Joint Airport Zoning Board for the North Texas Regional Airport, between the Cities of Denison, Sherman, Pottsboro and Grayson County. Council Action On motion by Council member Gott, seconded by Council member Malvern, the Council unanimously approved Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENISON, TEXAS AUTHORIZING PARTICIPATION IN THE TEXPOOL INVESTMENT POOLS AND DESIGNATING AUTHORIZED REPRESENTATIVES; AND FINDING AND DETERMINING THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED TO BE OPEN TO THE PUBLIC AS REQUIRED BY LAW., Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENISON, TEXAS AUTHORIZING PARTICIPATION IN THE TEXAS SHORT TERM ASSET RESERVE PROGRAM (TEXSTAR) INVESTMENT POOLS AND APPROVING APPLICATION FOR PARTICIPATION IN TEXSTAR AND AUTHORIZING REPRESENTATIVES; AND FINDING AND DETERMINING THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED TO BE OPEN TO THE PUBLIC AS REQUIRED BY LAW., Ordinance No AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON, TEXAS, REPEALING ORDINANCE NO IN ITS ENTIRETY; CREATING A JOINT AIRPORT ZONING BOARD AND INVESTING SUCH JOINT AIRPORT ZONING BOARD WITH THE POWERS SUCH BOARDS ARE AUTHORIZED TO EXERCISE UNDER THE PROVISIONS OF THE AIRPORT ZONING ACT, TEXAS LOCAL GOVERNMENT CODE, ET SEQ.; DECLARING AN EMERGENCY; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. and the rest of the Consent Agenda as presented. 4. PUBLIC HEARINGS A. Receive a report, hold a discussion and conduct a Public Hearing to receive testimony from the Chief Building Official on the unsafe condition of posted structures at 226 E Nelson, 228 E Nelson, 522 E Acheson, 715 W Texas and 619 W Chestnut and provide staff direction on proceeding with the demolition process. Council Action The Chief Building Official spoke to the 5 properties listed for demolitions. The building at 226 E Nelson has sides that are deteriorating, wood has rotted away and the roof has a hole. 228 E Nelson has broken windows, the porch has fallen and is in danger of collapse. 522 E Acheson is an open building, which is an attractive nuisance, the owner of the building moved out of town and people moved into the building causing damage. The building at 715 W Texas has walls leaning, windows open and water is getting into the building. The chief building official asked if

6 the property owner of 619 W Chestnut could have 6 months to fix the building. Denison Glass owns the building and the current problems are that the porch has a rotted porch, the posts are not supported, the windows are open. The owner has gone in and fixed the windows. The Mayor opened the public hearing. There being no one to speak, the public hearing was closed. On the building located at 619 W Chestnut, the plumbing and the electrical are not being used since it is a storage building. Councilmember Baecht asked about the electrical and plumbing being brought up to code to take it off of the unsafe building list. The Chief Building Official spoke to the lack of requirements for the internal requirements in the Ordinance that was passed while it only addressed the exterior of the building. Once the exterior of the building was brought to code, the building would be taken off of the list. On motion by Council member Spindle, seconded by Council member Brawley, the Council unanimously approved the demolitions with the exception of 619 W Chestnut, giving the property owner ten (10) days to pull the permit and six (6) months to complete the work. B. Receive a report, hold a discussion and take action on a resolution for voluntary annexation of a acres more or less consisting of a 378 acre tract of land, being part of the J.G. Gnase Survey, A-1567, and being a part of Lavina Miller Survey, A-898, and being a part of the A.L. Thompson Survey, A-1275, and being part of the S. Bradley Survey, A-113, and being part of the T. Bradley Survey, A-81 and being a part of the A. Fox Survey, A-429; a acre tract of land, being part of the Daniel C. Shelp Survey, A-1097; and a acre tract, being a part of the J.G.Gnase Survey, A Council Action The Planning and Zoning Director spoke the 427 acres. There will be two public hearings held on December 2 nd and December 4 th with the annexation being held on January 6 th, On motion by Council member Malvern, seconded by Council member Gott, the Council unanimously approved Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENISON, GRAYSON COUNTY, TEXAS, GRANTING A PETITION OF THE OWNER OF AN AREA OF LAND TO ANNEX THE AREA INTO THE CITY OF DENISON and Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENISON, TEXAS, SETTING THE DATES, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION, ON THE VOLUNTARY PETITION OF OWNERS for approximately 427 acres of land described on Exhibit A ; AUTHORIZING THE PREPARATION OF SERVICE PLANS AND NOTIFICATION OF PROPERTY OWNERS, SERVICE PROVIDERS, RAILROADS AND SCHOOL DISTRICTS; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND ESTABLISHING AN EFFECTIVE DATE. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Receive a report, hold a discussion and take action to award the bid for the demolition of the building at 715 West Sears.

7 Council Action The item was tabled until the November 4 th, 2013 Regular Council Meeting. 6. EXECUTIVE SESSION The Council then adjourned into Executive Session at 6:16 p.m. pursuant the Chapter 551, Texas Government Code, in accordance with the Authority: A. Pending or contemplated litigation or to seek advice of the City Attorney pursuant to Section Receive a report, hold a discussion and provide Staff direction regarding 715 W Sears. B. Discussion regarding possible purchases, exchange, lease, or value of real property pursuant to Section C. Deliberation regarding gifts or donations to the City pursuant to Section D. Personnel matters pursuant to section (To deliberate the appointment, employment, evaluation, reassignment of duties, discipline, or dismissal of a public officer or employee). E. Deliberation regarding security pursuant to Section F. Deliberation regarding economic development negotiations pursuant to Section Receive a report, hold a discussion and provide Staff direction regarding TPJ Properties. 2. Receive a report, hold a discussion and provide Staff direction regarding Preston Harbour, LP and Preston Harbour Homeplace, LP. RECONVENE INTO REGULAR SESSION The Council then reconvened into Regular Session and took the following action: A. Pending or Contemplated Litigation or to Seek Advice of the City Attorney pursuant to Section Receive a report, hold a discussion and provide Staff direction regarding 715 W Sears. Council Action No Action Taken.

8 F. Deliberations regarding Economic Development Negotiations pursuant to Section Receive a report, hold a discussion and provide Staff direction regarding TPJ Properties. Council Action No Action Taken. 2. Receive a report, hold a discussion and provide Staff direction regarding Preston Harbour, LP and Preston Harbour, LP. Council Action No Action Taken. There being no further business to come before the Council, the meeting adjourned at 6:34 p.m. Attest: JARED JOHNSON, MAYOR Carrie Hart, City Secretary

9 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion and approve of the Council Meeting dates for Background Information and Analysis Every year the meeting dates for the following year are presented to the Council. Traditionally, the Council only meets once in January, July and December. This year, however, due to the annexation timeline, there are two meeting schedules in January. Financial Considerations None Prior Board or Council Action None. Staff Recommendation Staff recommends approval. Alternatives Meet twice a month, every month of the year. Attachments 1. Proposed Meeting Dates COUNCIL MEETING DATES FOR 2014.docx Staff Contact Carrie Hart, City Secretary ext chart@cityofdenison.com

10 COUNCIL MEETING DATES FOR 2014 January February March 6 th 3 rd 3 rd 21 st Tuesday 17 th 17 th April May June 7 th 5 th 2 nd 21 st 19 th 16 th July August September 21 st 4 th 2 nd Tuesday 18 th 15 th October November December 6 th 3 rd 15 th 20 th 17 th

11 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion and take action on electing a representative to the Grayson Appraisal District Board of Directors. Background Information and Analysis Tom Akins was nominated as the representative for the City of Denison. This will be the first year for him to serve. Previously Norman Gordan has served as the representative for the City of Denison. Financial Considerations None. Prior Board or Council Action On October 7, 2013 the Council nominated Tom Akins as the City of Denison's nominee. Staff Recommendation Staff recommends casting the City of Denison's vote for Tom Akins. Alternatives Choose another candidate from the list. Attachments 1. Nominees Grayson County Appraisal District Board of Directors.pdf 2. Resolution GCAD Voting Resolution.docx Staff Contact Robert Hanna, City Manager rhanna@cityofdenison.com

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24 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENISON, TEXAS CASTING VOTES TO ELECT CANDIDATES TO SERVE AS MEMBERS OF THE GRAYSON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS, the quality of the property tax system depends on the appraisal district s board of directors. Individuals serving on the board of directors bring to the board knowledge, judgment and expertise in establishing policies and procedures for the district s organization and operation. WHEREAS, the members of the board of directors are nominated and selected by the governing bodies of voting taxing units in the appraisal district. WHEREAS, the county, county college, cities and towns and school districts participating in the district nominate and select directors. WHEREAS, the chief appraiser has notified the voting taxing units of the number of votes it may cast. WHEREAS, the voting taxing units have nominated candidates. WHEREAS, the chief appraiser has prepared a ballot listing the nominees alphabetically by each candidate s last name. WHEREAS, the chief appraiser has delivered a copy of this ballot to the presiding officer of the governing body of each voting unit. WHEREAS, each voting unit must cast its vote by written resolution and submit it to the chief appraiser before December 15. WHEREAS, this unit may cast all its votes for one candidate or may distribute the votes among any number of candidates. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENISON, TEXAS: that on this date, in a properly noticed public meeting, by the City of Denison, Texas, in accordance with the statutory requirements set out in Texas Property Tax Code section 6.03, that the votes of this body are cast for the candidate(s) for the position of director of the Grayson Central Appraisal District as follows: NAME # OF VOTES

25 On motion by Councilman, seconded by Councilman, the above and foregoing Resolution was passed and approved at a Regular Meeting of the City Council of the City of Denison, Texas, on this the 4 th day of November, Ayes: Nays: Abstentions: ATTEST: Carrie Hart, City Secretary CITY OF DENISON, TEXAS JARED JOHNSON, MAYOR

26 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion, and approve a contract with Grayson County for provision of library services. Background Information and Analysis The County provides financial support for municipal libraries to avoid the costly duplication of services required to establish a County library system. These funds insure the access of all County citizens to all the public libraries in Grayson County. Financial Considerations The County proposes to pay $2280 for FY 2013/14 to compensate the City for providing library services to non municipal residents. Prior Board or Council Action Council has accepted funding from Grayson County for the last five years to provide library services to non Denison residents. Staff Recommendation Staff recommends approval. Alternatives None Attachments 1. Grayson County contract Library Contract.pdf Staff Contact Alvin Bailey abailey@cityofdenison.com x 2055

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29 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion, and take action to authorize purchases of a Side Loader Truck, Dump Truck, Crawler Loader, Backhoe and Dozer, which are built into the budget. Background Information and Analysis FY Budget includes funds for the purchase of certain major equipment items for Santitation, Streets, Demolitions, and Distribution/Collection Divisions. The details of these purchases are listed on the attachments provided. Financial Considerations Funds for these items are being coordinated through lease purchase arrangements for General Fund items or with cash for Water and Sewer Fund items. Purchase prices for each item are within budgeted amounts and are listed on the attachment. Prior Board or Council Action Approval of FY Budget. Staff Recommendation Approval of purchases as presented. Alternatives None recommended. Attachments Major Capital 2013 Major Capital.pdf Staff Contact David Howerton, Public Works/Parks & Rec Director dhowerton@cityofdenison.com , Extension 2455

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36 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion, and approve resolutions from Chase on our two new lease purchase agreements. Background Information and Analysis During the FY2014 budget process, capital equipment was approved and discussion was made to purchase the capital equipment through a tax-exempt lease-purchase agreement. Two separate leases will be issued for the purchase of capital equipment. Financial Considerations The total amount of funding is $582,000 with yearly payments of $89, This amount is within budget for FY2014. Prior Board or Council Action Council gave approval to move forward wih the loan documents with Chase at the October 21, 2013 council meeting. We are now requesting approval of the resolutions. Staff Recommendation Staff recommends approval of the resolutions as presented. Alternatives Council could choose not to approve the resolutions. As a result, we would not have the funding to purchase the capital equipment. Attachments 1. Chase Lease Resolutions 2013 Chase Lease Resolutions 2013.pdf Staff Contact Renee' Waggoner, Finance Director rwaggoner@cityofdenison.com EXT 2444

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43 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion, and approve the award for bid for the depository contract pursuant to bids opened on October 11, Background Information and Analysis Our current depository contract expires December 31, The bid for depository contract services was duly advertised as required. Bid opening was held on October 11, 2013 at 10 AM. We had 4 financial institutions respond with timely applications. These bids have been reviewed by both Mr. Hanna, City Manager and Renee' Waggoner, Finance Director. Based on our review, we are recommending Independent Bank as the next depository for the City of Denison. Independent Bank has been serving the North Texas communities since 1913 and has a reputation of being a leading independent, community-oriented, responsive and solid local financial institution. Independent Bank proposes depository services to the City to be free from service charges and all depository accounts to be interest-bearing accounts(current NOW account rate plus 30 basis points). Independent Bank offers a full array of services such as online banking, ACH debit block, positive pay, check imaging, balance reporting, remote deposit capture, payroll cards, merchant services, CDARS participation and City employee bank benefits. They also offer lockbox services and purchasing cards through third party vendors. Financial Considerations There will be no setup fees or software fees with Independent Bank. Independent Bank proposes depository services to the City to be free from service charges and all depository accounts to be interest-bearing accounts. Prior Board or Council Action The previous depository bid contract was approved during the October 20, 2008 council meeting. Staff Recommendation Staff recommends approval of the award of bid for depository contract for the period of January 1, December 31, 2016 to Independent Bank. Alternatives Council could choose not to approve the recommended depository and choose their own.

44 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Attachments Staff Contact Renee Waggoner, Finance Director EXT 2444

45 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion, and take action to award a purchase of polyethylene trash bags for FY pursuant to bids opened Friday, October 25, Background Information and Analysis Staff opened bids for the purchase of 20,000 rolls of polyethylene trash bags for FY The results of the bid opening are attached. The lowest responsive bidder is Dyna Pak Corporation of Lawrenceburg, TN, with a bid or $5.34 per roll. Dyna Pak won the contract last year, and we have worked with them five or six years successfully. In contrast, we have never had a contract with Houston Poly Bag, and they did have one small exception to our specs. Financial Considerations FY includes $118,000 for the purchase rolls of trash bags. At the lowest unit price bid per roll of $5.34, staff will be able to purchase the needed 20,000 rolls of bags within budget. The winning bid this year is $0.15 per roll cheaper than last year. Prior Board or Council Action None. Staff Recommendation Approve low bid as presented. Alternatives None recommended. Attachments 1. Trash Bags trashbags1314bids.doc Staff Contact David Howerton, Public Works/Parks & Rec Director dhowerton@cityofdenison.com , Extension 2455

46 New Polyethylene Trash Bags Bid Opening Results -- FY Friday October 25, 2013 Bid for 20,000 Rolls Company Name/ Address Unit Price per Roll, $ Total Price, $ Dyna Pak Corporation $ 5.34 $106,800 Lawrenceburg, TN Houston Poly Bag I, LTD. $ 5.34 $106,800 Tomball, TX Interboro Packaging $ 4.84 (Doesn t meet specifications.) (*) Montgomery, NY Central Poly Corp. $ 5.59 $111,800 Linden, NJ Jadcore, Inc. $ 6.11 $122,200 Terre Haute, IN Waste Zero, Inc. $ 6.55 $131,000 Raleigh, NC All American Poly $10.15 $203,000 Piscataway, NJ (*) Sample bag provided does not meet minimum thickness requirement.

47 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion, and approve by signature of the mayor the Equitable Sharing Agreement and Certification as required by the Department of Justice and the Department of Treasury, and the FY 2013 Chapter 59 Asset Forfeiture Report by Law Enforcement Agency as required by Office of the Texas Attorney General. Background Information and Analysis These reports are required annual audit reports of our state and federal forfeiture accounts, documenting the activity in these accounts as a result of seizures by our Narcotics Department. Approval by council each year is a routine requirement. Financial Considerations None. Prior Board or Council Action None. Staff Recommendation Staff recommends approval. Alternatives None. Attachments 1. State Narcotics Audit Report State Narcotics Audit Report.pdf 2. Federal Narcotics Audit Report Federal Narcotics Audit Report.pdf Staff Contact Jay Burch Chief of Police jburch@cityofdenison.com

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58 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a discussion and authorize the City Manager to renew membership in the Electric Reliability Council of Texas ("ERCOT") for Background Information and Analysis ERCOT is the entity that is responsible for operating the electric grid in the deregulated portion of Texas. ERCOT maintains the set of complicated rules that frame the way that electricity is bought and sold in the deregulated wholesale market. Through a process of negotiation and deliberation within committees of interested parties, the ERCOT stakeholder process is constantly reviewing and revising these rules, known as the ERCOT protocols. Consumers have a voice in ERCOT's decision-making process. Each segment of the ERCOT market has a vote on issues before ERCOT, through its representatives on the Technical Advisory Committee and the Board of Directors. Financial Considerations The membership fee is $100 per year. Prior Board or Council Action None. Staff Recommendation Staff recommends approval. Alternatives Not participate in ERCOT membership. Attachments 1. ERCOT Memo ERCOT Memo.docx 2. ERCOT Membership Application ERCOT Membership Application and Agreement.doc Staff Contact Robert Hanna, City Manager ext. 2440

59 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting

60 816 Congress Avenue, Suite 1900 Austin, Texas Telephone: (512) Facsimile: (512) Mr. Brewster s Direct Line: (512) cbrewster@lglawfirm.com Fax: (512) M E M O R A N D U M TO: FROM: Recipients of Regular ERCOT memo Chris Brewster DATE: October 28, 2013 RE: ERCOT Membership for 2014 The purpose of this memorandum is to recommend that your city or other political subdivision renew its membership in the Electric Reliability Council of Texas ( ERCOT ) for 2014, or join for the first time if you have not done so previously. For the reasons that we detail below, an ERCOT membership continues to be a straightforward and cost-effective way for your city to influence electric policy in Texas, and we recommend that you submit your ERCOT membership form and fee by November 8, The membership fee is $100 per year. What is ERCOT? ERCOT is the entity that is responsible for operating the electric grid in the deregulated portion of Texas. Furthermore, ERCOT maintains the set of complicated rules that frame the way that electricity is bought and sold in the deregulated wholesale market. Through a process of negotiation and deliberation within committees of interested parties, the ERCOT stakeholder process is constantly reviewing and revising these rules, known as the ERCOT protocols. Most of the issues addressed at ERCOT are addressed nowhere else the Public Utility Commission ( PUC ) has largely delegated these issues to the ERCOT stakeholder process. What role do cities play in the ERCOT process? Consumers, such as cities and other political subdivisions, have a voice in ERCOT s decision-making process. Each segment of the ERCOT market has a vote on issues before ERCOT, through its representatives on the Technical Advisory Committee ( TAC ) and the Board of Directors. TAC and the Board are the bodies responsible for making the most important decisions about the detailed workings of the ERCOT market. These decisions can have bottom-line impacts on electricity prices. A total of 147 cities and other political subdivisions joined ERCOT in With this membership strength, cities successfully elected two city representatives to TAC and one director to ERCOT s Board of Directors for A strong contingent of city members would make continuation of this strong presence likely for

61 ERCOT Member Cities October 28, 2013 Page 2 As you know, ERCOT faced many challenges in 2013 including trying to ensure that an adequate energy supply is in place over the next several years. Both ERCOT and the PUC are considering high-level market design changes that could significantly increase customers bills. This will no doubt lead to another challenging year in We expect the PUC and the ERCOT stakeholder process to continue to examine many aspects of Texas s deregulated market design in 2014, making cities presence in the ERCOT process on behalf of consumers of continued importance. What does an ERCOT membership require? It is not difficult to obtain an ERCOT membership. A simple form is required, along with payment of a $100 membership fee. In the pages that follow, you find a guide to completion of the form. We are also available to assist you; please feel welcome to call me (Chris Brewster) at my phone number at the top of this memorandum, or me at cbrewster@lglawfirm.com. In order to vote for candidates for the 2014 Technical Advisory Committee and the Board of Directors, ERCOT must receive your application and $100 fee by Friday, November 8, In completing the attached form, please note the following: Only corporate members may vote in ERCOT matters. In response to Question No. A.2 on the form, we recommend that cities join as Corporate, rather than associate, members. [for your convenience, we have already checked this option] For corporate members in the Small or Large Commercial Consumer Segment, the fee is $100. The form designates how the payment is to be made in paragraph A.3. Question No. A.4 asks that you designate the segment in which you are joining. Cities qualify for membership in the Consumer segment, and within that segment you must choose either the Small or Large Commercial Consumer sub-segments. In the listing of cities on the attached page, we have noted which cities joined in each of these categories for We recommend that current members choose the same segment when renewing your membership for Please call me (Chris Brewster) at (or cbrewster@lglawfirm.com) if you have any questions about this. In response to Question No. A.5, please designate as your authorized representative an employee of your city that can receive notices from ERCOT. ERCOT contacts its members very rarely; this person will not be inundated with s. During the coming year, please feel free to forward anything you receive from ERCOT to me at the address above. There is no need to answer Question No. A.6, as it is not relevant to cities memberships in ERCOT

62 ERCOT Member Cities October 28, 2013 Page 3 Item A.3 on the form states the address at which to mail the form to ERCOT, but this can also be done by membership@ercot.com or fax: (512) Please note that if you submit your application via or fax, you must still send the $100 renewal fee to ERCOT by mail or wire. After you have sent your application to ERCOT, please forward a copy of your application to us at my address or fax number shown above. This will help us track pending applications, and will allow us to follow up with ERCOT if issues arise. Please feel free to call or us if you have any questions in completing the form or about ERCOT in general

63 ERCOT Member Cities October 2, 2013 Page 4 ERCOT Membership List for 2013 (taken from website) Small Commercial Aransas County Municipal Utility District No. 1 City of Belton City of Benbrook City of Bishop City of Breckenridge City of Caddo Mills City of Carrizo Springs City of Cedar Hill City of Celina City of Charlotte City of Cisco City of Clyde City of Comanche City of Commerce City of Coppell City of Copperas Cove City of Corinth City of Crockett City of Crowley City of Decatur City of Deer Park City of DeSoto City of Dilley City of Dublin City of Early City of Eastland City of Falfurrias City of Farmersville City of Frisco City of George West City of Glenn Heights City of Gunter City of Hamilton City of Harker Heights City of Hutto City of Ingleside City of Josephine City of Keller City of Kerens City of Lake Worth City of Little River-Academy City of Lorena City of Los Fresnos City of Malakoff City of Midlothian City of Morgan's Point City of Murchison City of Murphy City of Oak Point City of Ovilla City of Paris City of Piney Point Village City of Point Comfort City of Pottsboro City of Ranger City of River Oaks City of Rotan Large Commercial Aquilla Water Supply District City of Abilene City of Alamo City of Allen City of Aransas Pass City of Arlington City of Big Spring City of Brownwood City of Canton City of Carrollton City of Cleburne City of Corpus Christi City of Dallas City of Euless City of Farmers Branch City of Fort Worth City of Galveston City of Grand Prairie City of Grapevine City of Haltom City City of Harlingen City of Honey Grove City of Houston City of Howe City of Irving City of Killeen City of Kingsville City of La Feria City of Lewisville City of Mansfield City of McAllen City of Mercedes City of Mesquite City of Mission City of Missouri City City of Mont Belvieu City of North Richland Hills City of Odessa City of Pearland City of Port Lavaca City of Portland City of Rio Grande City City of Robinson City of Rockport City of Rosenberg City of Sachse City of San Angelo City of Seadrift City of Sherman City of Snyder City of Stephenville City of Sugar Land City of Sweetwater City of Taylor Lake Village City of Temple City of The Colony City of Tyler

64 ERCOT Member Cities October 28, 2013 Page 5 Small Commercial City of Rowlett City of San Juan City of South Padre Island City of Springtown City of Sulphur Springs City of Texas City City of University Park City of Venus City of Webster City of Weslaco City of Weston Lakes City of Wharton City of White Settlement City of Whitney City of Woodway City of Wylie Town of Argyle Town of Highland Park Town of Laguna Vista Town of Woodsboro Large Commercial City of Vernon City of Victoria City of Waco City of Watauga City of Waxahachie City of Wichita Falls Johnson County Special Utility District South Texas Water Authority Town of Addison Town of Flower Mound Town of Pantego Upper Leon River Municipal Water District

65 ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2014 This Membership Application and Agreement (Agreement) is by and between Electric Reliability Council of Texas Inc. (ERCOT) and City of Denison (Applicant). In consideration of the mutual covenants contained herein, the parties hereby agree that the Applicant shall become an ERCOT Member and receive the ERCOT Member Services and benefits described herein, subject to the terms and conditions of this Agreement. This Agreement shall be effective as of the date signed by the Applicant provided that the Applicant meets all of the qualifications for ERCOT Membership. Capitalized terms that are not defined in this Agreement shall have the meaning as defined in the ERCOT Bylaws or the ERCOT Protocols. A. Membership Application Information 1. Name of Entity applying for Membership: City of Denison 2. Type of Membership: Check ONE type of Membership. Affiliated Entities as defined in the ERCOT Bylaws may hold only one Corporate Membership. Entities applying for additional Memberships, such as an Associate Membership, must use a separate Agreement for each Membership. The applicable fees are listed below and entitle Members to services ERCOT provides such as hosting ERCOT meetings, providing Members with necessary information and such other Member Services as may from time to time be offered. Please note that any Member may request that the Member s Annual Member Service Fees be waived for good cause shown. Corporate. Voting. $2,000 per Membership Year (except Residential and Commercial Consumer Members fees are $100 per year, and there is no charge for an association that qualifies pursuant to the ERCOT Bylaws for Commercial Consumer Membership). Corporate Membership includes the right to vote on matters submitted to the general membership such as election of Board Directors, election of Technical Advisory Committee (TAC) Representatives and TAC subcommittees thereof and amendments to the Articles of Incorporation and the ERCOT Bylaws. Residential Consumer Members do not elect a Director to represent the Residential Consumer interests as the Public Counsel is mandated to represent these interests. Associate. Non-voting. $500 per Membership Year (except Residential and Commercial Consumer Members fees are $50 per year). Associate Membership includes no voting rights. However, an Associate Member may be elected by Corporate Members to serve as a voting member of the Board, TAC or a TAC subcommittee thereof. Adjunct. Non-voting. $500 per Membership Year. Entities not meeting the Segment requirements for Membership may join as Adjunct Members upon Board approval. Adjunct Membership does not include voting rights or the right to be elected to the Board, TAC or a TAC subcommittee thereof. 3. The Applicable Annual Member Services Fee must accompany this Agreement and be delivered to ERCOT by the Record Date in order for the Member to participate in the elections for the Membership Year. Please make checks payable to ERCOT and mail to ERCOT, Attention: Legal Department, 7620 Metro Center Drive, Austin, Texas Please send an to membership@ercot.com for wire instructions.

66 4. Segment Participation: (Check ONE Segment designation.) Consumer. Any Entity representing the interests of end-users of electricity in the ERCOT Region. Check ONE Subsegment designation: Residential Consumer Small Commercial Consumer (Peak demand of 1000 KW or less) Large Commercial Consumer (Peak demand greater than 1000 KW) Industrial Consumer (Average monthly demand greater than 1 megawatt and engaged in an industrial process) Cooperative. An Entity operating in the ERCOT Region that is: (i) a corporation organized under Chapter 161 of the Texas Utilities Code or a predecessor statute to Chapter 161 and operating under that chapter; (ii) a corporation organized as an electric cooperative in a state other than Texas that has obtained a certificate of authority to conduct affairs in the State of Texas; (iii) a cooperative association organized under Tex.Rev.Civ.Stat or a predecessor to that statute and operating under that statute; or (iv) a River Authority as defined in Tex. Water Code Independent Generator. Any Entity that is not a Transmission and Distribution Entity (T&D Entity) or an Affiliate of a T&D Entity and (i) owns or controls generation of at least 10 MW in the ERCOT Region; or (ii) is preparing to operate and control generation of at least 10 MW in the ERCOT Region, and has approval of the appropriate governmental authority, has any necessary real property rights, has given the connecting transmission provider written authorization to proceed with construction and has provided security to the connecting transmission provider. Independent Power Marketer. Any Entity that is not a T&D Entity or an Affiliate of a T&D Entity and is registered at the Public Utility Commission of Texas (PUCT) as a Power Marketer to serve in the ERCOT Region. Independent REP. Any Entity that is certified by the PUCT to serve in the ERCOT Region as a Retail Electric Provider (REP) under PURA and that is not an Affiliate of a T&D Entity operating in the ERCOT Region. Aggregators may register to participate in this Segment if unable to qualify in any other Segment. Investor-Owned Utility. (i) An investor-held, for-profit electric utility as defined in PURA (6) that (a) operates within the ERCOT Region, (b) owns 345 kv interconnected transmission facilities in the ERCOT Region, (c) owns more than 500 pole miles of transmission facilities in the ERCOT Region, or (d) is an Affiliate of an Entity described in (a), (b) or (c); or (ii) a public utility holding company of any such electric utility. Municipal. An Entity operating in the ERCOT Region that owns or controls transmission or distribution facilities, owns or controls dispatchable generating facilities, or provides retail electric service and is either: (i) a municipally owned utility as defined in PURA or (ii) a River Authority as defined in Tex. Water Code

67 5. Identify your designated representative for required notices to ERCOT Members and for participation in meetings of the Corporate Members: Name: Robert Hanna Title: City Manager Address: 500 W Chestnut City, State, Zip: Denison, TX Phone: Fax: rhanna@cityofdenison.com 6. List any other ERCOT Memberships held by the Applicant or any Affiliates (attach extra pages if necessary): (a) Entity name: Segment: (b) Entity name: Segment: (c) Entity name: Segment: B. Membership Agreement 1. Membership. Membership in ERCOT is open to any Entity that meets any of the Segment definitions set forth in the Bylaws. Members must be an organization that either operates in the ERCOT Region or represents consumers within the ERCOT Region. Members may join as a Corporate, Associate or Adjunct Member subject to the criteria set forth in the ERCOT Bylaws. Members must apply for Membership through an authorized officer or agent. 2. Fees. Annual Member Services Fees are described in the ERCOT Bylaws and may be changed through the procedure set forth therein. Any change in fees shall automatically become effective as to all ERCOT Members without the necessity of amending this Agreement. All Memberships are year to year and must be renewed annually. Annual Member Services Fee renewals shall be due by the record date for the annual membership meeting. Membership fees may not be prorated. This Agreement shall renew in yearly increments upon ERCOT s receipt of the following (1) Member s Renewal Application and (2) Member s applicable Annual Member Services Fee. Any Member may request that the Member s Annual Member Service Fees be waived for good cause shown. 3. Application for Membership. Members will submit the following items in order to apply for Membership: (i) payment of the Annual Member Services Fee and (ii) a signed copy of this Agreement. Upon approval, ERCOT will promptly notify Member Applicant of the same. 4. Change of Designated Representative. An ERCOT Member may change its representative at any time by written request (signed by a duly authorized representative of the ERCOT Member) submitted to the ERCOT Legal Department at membership@ercot.com. 5. Suspension and Expulsion. All ERCOT Members shall abide by the ERCOT Bylaws, as they may be amended from time to time, and any other rule or regulation duly adopted by the Board of Directors. Any ERCOT Member, who willfully violates any provision of this Agreement, the ERCOT

68 Bylaws, or any other rule or regulation duly adopted by the Board of Directors, may be reprimanded, suspended, and/or expelled in accordance with procedures adopted by the Board of Directors or set forth in the ERCOT Bylaws. Such action will affect all persons deriving Membership privileges through such ERCOT Member. 6. Amendment. This Agreement may be amended, modified, superseded, canceled, renewed, or extended and the terms and conditions hereof may be waived only by a written instrument executed by both parties hereto or, in the case of a waiver, by the party waiving compliance. 7. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Texas that apply to contracts executed in and performed entirely within the State of Texas, without reference to any rules of conflict of laws. Parties consent to the exclusive jurisdiction of Texas. IN WITNESS WHEREOF, the Member certifies that (i) the Member meets the requirements for ERCOT Membership in the Segment designated herein; (ii) all information provided herein is true and correct to the best of the Member s knowledge; and (iii) through its authorized representative the Member agrees to be bound by the terms of this Agreement, the ERCOT Bylaws and any other requirements duly adopted by the Board of Directors. By: Printed Name: Title: Date:

69 City Council Meeting Agenda Information Sheet November 4, 2013 Regular Council Meeting Caption Receive a report, hold a public hearing and consider an ordinance for a zone change from Neighborhood Service District to Single Family7.5 District for property out of Millers 2nd Addition, Lot 1, Block 67, 1200 W. Chestnut Background Information and Analysis Applicants, John & Jason Speer, owners would like to sell building and they have a buyer who wants to utilize it as a Single Family Home. The strucure has had a beauty salaon and living quartes located in it. It contain 1,186 sq. ft. Surrounding zoning is Single Family 7.5 and Commercial. This structure is compatible with the neighborhood. The Land Use Plan recommends residential. Financial Considerations Revenue from water and sewer as a residential home. Current structure is vacant. Prior Board or Council Action Planning and Zoning recommended approval. Staff Recommendation Approval Alternatives Leave zoning as Neighborhood Service District Attachments 1. Staff report, map, property owner list, pictures and ordinance case backup.pdf Staff Contact Faye Brockett

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82 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENISON, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY OF DENISON, TEXAS, GRANTING A SINGLE FAMILY 7.5 DISTRICT FOR PROPERTY OUT OF THE MILLERS 2 ND ADDITION, LOT 1 BLOCK 67 (1200 W. Chestnut), TO THE CITY OF DENISON, GRAYSON COUNTY, TEXAS, WHICH IS PRESENTLY ZONED NEIGHBORHOOD SERVICE DISTRICT; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, John and Jason Speer have made application under the provisions of the Zoning Ordinance of the City of Denison for a Single Family 7.5 District for property out of the Millers 2 nd Addition, Lot 1, Block 67 (1200 W. Chestnut), to the City of Denison, Grayson County, Texas, which is presently zoned Neighborhood Service District; and WHEREAS, public hearings on said application having been held before the Planning and Zoning Commission and the City Council of the City of Denison, after due notice of the public hearings having been mailed and published in all respects as required by law on the property fully described in the body of this ordinance; and WHEREAS, after hearing all parties appearing before the City Council, in person and in writing, and considering the recommendation of the Planning and Zoning Commission relative to the proposed change and considering all written approvals and protests, the City Council finds that the Single Family 7.5, should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENISON, TEXAS: SECTION 1. That the property hereinbelow described is hereby granted, under the provisions of the Zoning Ordinance of the City of Denison, a Single Family 7.5 District; Being property out of Millers 2 nd Addition, Lot 1, Block 67 (1200 W Chestnut), which is presently zoned Neighborhood Service District. SECTION 2. That it is hereby found and determined that the meeting at which this ordinance was passed was open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given, all as required by Article , Texas Government Code. AND IT IS SO ORDERED.