Public Utilities Board

City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda Public Utilities Board Monday, July 10, 2023 9:00 AM Council Work Session Room REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD Citizens will be able to participate in the following way: • eComment – The agenda was posted online at https://tx-denton.civicplus.com/242/ Public-Meetings-Agendas. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Using eComment, Individuals may indicate support or opposition and submit a brief comment about a specific agenda item. eComments may be submitted up until the start of the meeting at which time the ability to make an eComment will be closed. eComments will be sent directly to members of the Public Utilities Board immediately upon submission and recorded by the Secretary into the Minutes of the Meeting. After determining that a quorum is present, the Public Utilities Board of the City of Denton, Texas will convene in a Regular Meeting on Monday, July 10, 2023, at 9:00 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PRESENTATIONS FROM MEMBERS OF THE PUBLIC This section of the agenda permits a person to make comments regarding public business on items as listed on the agenda. Each speaker will be allowed a maximum of four (4) minutes. Such person(s) shall have registered under the REGISTRATION GUIDELINES FOR ADDRESSING THE PUBLIC UTILITIES BOARD detailed at the beginning of this agenda. Registration is required prior to the time this agenda item is read into the record. 2. CONSENT AGENDA Each of the items on the Consent Agenda 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 designee to implement each item in accordance with the Staff recommendations. The Public Utilities Board has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved for payment or other action under the Consent Agenda (Agenda Item A). This listing is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. PUB23-119 Consider recommending adoption of an ordinance of the City of Denton, Texas approving a joint funding agreement (“AGREEMENT”) for water resource investigations by and Page 1 Printed on 7/7/2023 Public Utilities Board Meeting Agenda July 10, 2023 between the City of Denton and the United States Geological Survey, Oklahoma-Texas Water Science Center, United States Department of the Interior (USGS) related to continued support of the Hickory Creek streamflow station in the amount of $5,100.00 (Agreement Number 24SJJFATX161000); authorizing the City Manager to execute and deliver the agreement; authorizing the expenditure of funds therefor; and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Ordinance Exhibit 3. Agreement 3. ITEMS FOR INDIVIDUAL CONSIDERATION A. PUB23-125 Consider approval of the June 26, 2023, minutes. Attachments: 6.26.23 PUB Minutes B. PUB23-039 Consider recommending adoption of an ordinance of the City of Denton replacing Chapter 24 - Solid Waste of the Code of Ordinances in its entirety and the addition of a Commercial Diversion Article and providing an effective date. Attachments: Exhibit 1. Agenda Information Sheet Exhibit 2. Redlined Chapter 24 Exhibit 3. Clean Version of Chapter 24 (rewrite) Exhibit 4 Ordinance and Exhibit A C. PUB23-122 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Service Agreement with Kimley-Horn and Associates, Inc., for the design of Neighborhood 1B for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7599-012 - Professional Services Agreement for design services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $3,076,300.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Ordinance and Contract D. PUB23-123 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Construction Manager at Risk contract with Sundt Construction, Inc., for pre-construction services of Neighborhood 1B Improvements for the Capital Projects Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 8225 - awarded to Sundt Construction, Inc., in the not-to-exceed amount of $267,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Pricing Evaluation Exhibit 3 - Presentation Exhibit 4 - Ordinance and Contract Page 2 Printed on 7/7/2023 Public Utilities Board Meeting Agenda July 10, 2023 E. PUB23-124 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with POWER Engineers, Inc., for engineering services associated with capital improvement projects for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8031-003 - Professional Services Agreement for engineering services awarded to POWER Engineers, Inc., in the not-to-exceed amount of $2,700,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Presentation Exhibit 3 - Ordinance and Contract F. PUB23-127 Consider recommending adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Techline, Inc., for the supply of precast concrete pull boxes for Denton Municipal Electric to be stocked in the Warehouse; providing for the expenditure of funds therefor; and providing an effective date (IFB 8251 - awarded to Techline, Inc., in the three (3) year, with the option for two (2) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $4,250,000.00). Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Bid Tabulation Exhibit 3 - Presentation Exhibit 4 - Ordinance and Contract G. PUB23-126 Management Reports 1. ERCOT Credit Policy Changes 2. Future Agenda Items 3. New Business Action Items Attachments: 1. ERCOT Credit Policy Changes 2. Future Agenda Items 3. New Business Action Items 4. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Public Utilities Board 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. Page 3 Printed on 7/7/2023 Public Utilities Board Meeting Agenda July 10, 2023 Following the completion of the Regular Meeting, the Public Utilities Board will convene in a Work Session at which the following items will be considered: WORK SESSION A. PUB23-024 Receive a report, hold a discussion, and give staff direction regarding the FY 2023-24 Capital Improvement Program. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Capital Improvement Program Presentation Exhibit 3 - Preliminary Capital Improvement Plan (CIP) Book B. PUB23-027 Receive a report, hold a discussion, and give staff direction on the proposed Solid Waste, Water, and Wastewater (Drainage) rates for FY 2023-2024. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - FY 2023-24 Proposed Rate Presentation C. PUB23-129 Receive a report, hold a discussion, and give staff direction regarding the Wastewater (Drainage) FY 2023-24 Preliminary Budget. Attachments: Exhibit 1 - Agenda Information Sheet Exhibit 2 - Wastewater (Drainage) Presentation Exhibit 3 - Supplemental Request White Papers Following the completion of the Work Session, the Public Utilities Board (PUB) will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The Public Utilities Board (PUB) 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. CLOSED MEETING A. PUB23-128 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff regarding financial matters regarding the Denton Municipal Electric FY 2023-24 capital budget to the extent such projects are confidential under Texas Government Code Section 551.086; discuss, deliberate, and provide direction to staff regarding same. Consultation with City’s attorneys regarding legal issues associated the above matter where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under Texas Disciplinary Rules of Professional Conduct of State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceeding or potential litigation. Page 4 Printed on 7/7/2023 Public Utilities Board Meeting Agenda July 10, 2023 Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final action, decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (The ‘Public Power Exception’). The Public Utilities Board reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its Open Meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act, including, without limitation Section 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://tx-denton.civicplus.com/242/Public-Meetings-Agendas) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on July 7, 2023, in advance of the 72-hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. __________________________________________ OFFICE OF THE CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 5 Printed on 7/7/2023