NOVEMBER 7, 2011 CITY COUNCIL ADDENDUM CERTIFICATION

Transcription

1 NOVEMBER 7, 2011 CITY COUNCIL ADDENDUM CERTIFICATION This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Addendum dated November 7, We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose. VrMt -' L'-->--i 112I-:... \,- - - Mary K. Suhm Date City Manager Edward Scott City Controller \\ 1'5 l \ Date

2

3

4

5 ADDENDUM CITY COUNCIL MEETING NOVEMBER 7, 2011 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS :00 A. M. ADDITIONS: CONSENT ADDENDUM Business Development & Procurement Services 1. Authorize a three-year service contract and policy, with two one-year renewal options, to provide basic and supplemental group term life, voluntary dependent life and accidental death and dismemberment insurance coverage - Standard Insurance Company, most advantageous proposer of six - Not to exceed $2.00 per month per employee - Financing: Current Funds (subject to annual appropriations) 2. Authorize the purchase and installation of furniture for the Landfill Operations Center - Workplace Resource of Dallas through the U.S. Communities Government Purchasing Alliance - Not to exceed $83,504 - Financing: 2006 Bond Funds Code Compliance 3. An ordinance amending Chapter 17 of the Dallas City Code to: (1) allow a retrofitted or converted vehicle to be used as a mobile food preparation vehicle upon meeting certain standards and requirements; (2) provide standards and procedures for a variance to allow the preparation and service of raw poultry, raw seafood, and non-fast-cooked food items on a mobile food preparation vehicle; (3) require certified food handlers at a mobile food establishment where non-prepackaged potentially hazardous food is prepared or served; and (4) make certain non-substantive changes - Financing: No cost consideration to the City Fire 4. Authorize (1) an application for and acceptance of a grant from The Heritage Program by Fireman s Fund for the purchase of smoke detectors for distribution to citizens; and (2) execution of the grant agreement - Not to exceed $19,793 - Financing: FY12 Fireman s Funds Human Resources 5. Authorize a contract with Dallas Area Rapid Transit for the purchase of 375 annual passes in support of the City's clean air initiative - Not to exceed $154,008 - Financing: Current Funds (to be reimbursed by participating employees)

6 ADDENDUM CITY COUNCIL MEETING NOVEMBER 7, 2011 ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Sustainable Development and Construction 6. Authorize the City Manager to provide a Notice of Establishment for a Quiet Zone along the Union Pacific Railroad encompassing the Jim Miller Road, Urban Avenue and Buckner Boulevard crossings as required by the Federal Railroad Administration (FRA) Final Train Horn Rule 49 CFR Parts 222 and 229, with the intent to establish a Quiet Zone - Financing: No cost consideration to the City Water Utilities 7. Authorize an increase in the contract with Oscar Renda Contracting, Inc. for the removal of concrete basin walls and associated equipment at the Eastside Water Treatment Plant - $800,000, from $45,070,450 to $45,870,450 - Financing: Water Utilities Capital Improvement Funds ITEMS FOR INDIVIDUAL CONSIDERATION City Secretary s Office 8. A resolution designating absences by Councilmember Angela Hunt as being for "official city business" - Financing: No cost consideration to the City DESIGNATED PUBLIC SUBSIDY MATTERS Housing/Community Services 9. Authorize (1) a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 4% low-income housing tax credit (LIHTC) allocation for Buckeye Trail Commons located at 6707 Buckeye Commons Way for the new construction of the proposed 207-unit multifamily residential development for families and seniors; and (2) the issuance of tax-exempt Multifamily Housing Mortgage Revenue Bonds Series 2011 by the Dallas Housing Authority (DHA), as Housing Options, Inc., in an amount not to exceed $15,000,000 to finance the construction of Buckeye Trail Commons - Financing: No cost consideration to the City Recommendation of Staff: Approval 2

7 ADDENDUM CITY COUNCIL MEETING NOVEMBER 7, 2011 ADDITIONS: (Continued) ITEMS FOR INDIVIDUAL CONSIDERATION (Continued) DESIGNATED PUBLIC SUBSIDY MATTERS (Continued) Housing/Community Services (Continued) 10. Authorize (1) a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 4% low-income housing tax credit (LIHTC) allocation for Buckeye Trail Commons II located at 6717 Bexar Street for the new construction of the proposed 116-unit multifamily residential development for families; and (2) the issuance of tax-exempt Multifamily Housing Mortgage Revenue Bonds Series 2011 by the Dallas Housing Authority (DHA), as Housing Options, Inc., in an amount not to exceed $10,000,000 to finance the construction of Buckeye Trail Commons II - Financing: No cost consideration to the City Recommendation of Staff: Approval 11. Authorize (1) a public hearing to be held on December 14, 2011 to receive comments on the proposed City of Dallas submission of an application to the U.S. Department of Housing and Urban Development (HUD) for a Community Development Block Grant (CDBG) Section 108 Guarantee Loan Program loan in an amount not to exceed $4,800,000 for eligible activities, which may include acquisition, demolition of existing buildings, sitework and public improvements, relocation assistance, loan interest reserve and financing costs related to public offering to aid Chicory Court IX, LP, in the development of Champion Homes at Copperridge multi-family residential project for mixed-income families located at 5522 Maple Avenue including construction of 252 apartment units with 153 units deed restricted for 15 years for persons with incomes at 80% or less of Area Median Family Income as established by HUD; and at the close of the public hearing, (2) consideration of submission of an application to HUD for a CDBG Section 108 Guarantee Loan Program loan to aid Chicory Court IX, LP, in an amount not to exceed $4,800,000 - Financing: No cost consideration to the City PUBLIC HEARINGS AND RELATED ACTIONS MISCELLANEOUS HEARINGS Sustainable Development and Construction 12. A public hearing to receive comments regarding an application for and a resolution granting a variance to the alcohol spacing requirements from the St. Mark's School of Texas required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer's off-premise permit for a general merchandise or food store greater than 30,000 square feet on property on the southeast corner of Preston Road and Royal Lane - Financing: No cost consideration to the City 3

8 ADDENDUM CITY COUNCIL MEETING NOVEMBER 7, 2011 DELETION: Sustainable Development and Construction 72. A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development Subdistrict for GR General Retail Subdistrict Uses on property zoned a GR General Retail Subdistrict with a D-1 Liquor Control Overlay on a portion of the site within Planned Development District No. 193, the Oak Lawn Special Purpose District, on property on the northwest line of Carlisle Street between Fairmont Street and Routh Street Recommendation of Staff and CPC: Approval, subject to a development plan and conditions and retention of the D-1 Liquor Control Overlay Z (DC) 4

9 ADDENDUM DATE November 7, 2011 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION PBD, Authorize a three-year service contract and policy, with two one-year renewal options, to provide basic and supplemental group term life, voluntary dependent life and accidental death and dismemberment insurance 1 All C HRD $ % 0.00% coverage 2 8 C PBD, PBW, SAN $83, NA NA Authorize the purchase and installation of furniture for the Landfill Operations Center 3 All C CCS NC NA NA An ordinance amending Chapter 17 of the Dallas City Code to: allow a retrofitted or converted vehicle to be used as a mobile food preparation vehicle upon meeting certain standards and requirements; provide standards and procedures for a variance to allow the preparation and service of raw poultry, raw seafood, and non-fast-cooked food items on a mobile food preparation vehicle; require certified food handlers at a mobile food establishment where non-prepackaged potentially hazardous food is prepared or served; and make certain non-substantive changes 4 All C FIR GT NA NA Authorize an application for and acceptance of a grant from The Heritage Program by Fireman s Fund for the purchase of smoke detectors for distribution to citizens; and execution of the grant agreement 5 N/A C HRD $154, NA NA Authorize a contract with Dallas Area Rapid Transit for the purchase of 375 annual passes in support of the City's clean air initiative 6 4 C DEV NC NA NA Authorize the City Manager to provide a Notice of Establishment for a Quiet Zone along the Union Pacific Railroad encompassing the Jim Miller Road, Urban Avenue and Buckner Boulevard crossings as required by the Federal Railroad Administration (FRA) Final Train Horn Rule 49 CFR Parts 222 and 229, with the intent to establish a Quiet Zone Authorize an increase in the contract with Oscar Renda Contracting, Inc. for the removal of concrete basin 7 Outside C WTR $800, % 17.58% walls and associated equipment at the Eastside Water Treatment Plant 8 All I SEC NC NA NA A resolution designating absences by Councilmember Angela Hunt as being for "official city business" 9 4 I HOU NC NA NA 10 4 I HOU NC NA NA 11 2 I HOU NC NA NA Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 4% low-income housing tax credit (LIHTC) allocation for Buckeye Trail Commons located at 6707 Buckeye Commons Way for the new construction of the proposed 207-unit multifamily residential development for families and seniors; and the issuance of tax-exempt Multifamily Housing Mortgage Revenue Bonds Series 2011 by the Dallas Housing Authority (DHA), as Housing Options, Inc., in an amount not to exceed $15,000,000 to finance the construction of Buckeye Trail Commons Authorize a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 4% low-income housing tax credit (LIHTC) allocation for Buckeye Trail Commons II located at 6717 Bexar Street for the new construction of the proposed 116-unit multifamily residential development for families; and the issuance of tax-exempt Multifamily Housing Mortgage Revenue Bonds Series 2011 by the Dallas Housing Authority (DHA), as Housing Options, Inc., in an amount not to exceed $10,000,000 to finance the construction of Buckeye Trail Commons II Authorize a public hearing to be held on December 14, 2011, to receive comments on the proposed City of Dallas submission of an application to the U.S. Department of Housing and Urban Development (HUD) for a Community Development Block Grant (CDBG) Section 108 Guarantee Loan Program loan in an amount not to exceed $4,800,000 for eligible activities, which may include acquisition, demolition of existing buildings, sitework and public improvements, relocation assistance, loan interest reserve and financing costs related to public offering to aid Chicory Court IX, LP, in the development of Champion Homes at Copperridge multi-family residential project for mixed-income families located at 5522 Maple Avenue including construction of 252 apartment units with 153 units deed restricted for 15 years for persons with incomes at 80% or less of Area Median Family Income as established by HUD; and at the close of the public hearing, consideration of submission of an application to HUD for a CDBG Section 108 Guarantee Loan Program loan to aid Chicory Court IX, LP, in an amount not to exceed $4,800,000 Page 1

10 ADDENDUM DATE November 7, 2011 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION A public hearing to receive comments regarding an application for and a resolution granting a variance to the alcohol spacing requirements from the St. Mark's School of Texas required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer's off-premise permit for a general merchandise or food store greater than 30,000 square feet on property on the southeast corner of Preston Road and Royal Lane PH DEV NC NA NA (Requires 2 Seconds) TOTAL $1,037, Page 2

11 KEY FOCUS AREA: ADDENDUM ITEM # 1 Make Government More Efficient, Effective and Economical AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): DEPARTMENT: All Business Development & Procurement Services Human Resources CMO: Jeanne Chipperfield, Mary K. Suhm, MAPSCO: SUBJECT N/A Authorize a three-year service contract and policy, with two one-year renewal options, to provide basic and supplemental group term life, voluntary dependent life and accidental death and dismemberment insurance coverage Standard Insurance Company, most advantageous proposer of six - Not to exceed $2.00 per month per employee - Financing: Current Funds (subject to annual appropriations) BACKGROUND This service contract and policy will provide group basic term life, voluntary dependent life, and accidental death and dismemberment insurance. The City currently offers $50,000 basic life insurance coverage to full-time employees at a cost of $1.45 per month per employee at no cost to the employee. Full-time employees can voluntarily purchase additional group (supplemental) life coverage up to three times their annual base salary not to exceed $500,000, as well as dependent life and accidental death and dismemberment coverage via payroll deduction. The City is currently contracting with Unimerica Insurance Company to provide group basic term life, voluntary dependent life and accidental death and dismemberment benefits for employees. The contract with Unimerica Insurance Company will expire December 31, A six member evaluation committee was selected from the following departments: Aviation (1) City Controller's Office (1) Police Department (1) Human Resources (1) Business Development and Procurement Services (2) *Business Development and Procurement Services evaluated the cost and the Business Inclusion and Development Plan.

12 BACKGROUND (Continued) The proposer's responses were evaluated and recommended on the basis of their demonstrated competence and qualifications under the following criteria: Coverage and Limits Provided Fees/Cost Business Inclusion and Development Plan Insurer Qualifications Services Rendered 35 points 30 points 15 points 10 points 10 points The basic life insurance benefit of eligible employees will remain in the amount of $50, Voluntary dependent life insurance coverage will increase for spouses from $15,000 to $25,000 and dependent children from $5,000 to $10,000 at a cost of $2.85 per month to the employee. The awarded contract will commence on January 1, 2012 and will be in effect for three years, with two one-year renewal options. As part of the solicitation process and in an effort to increase competition, Business Development and Procurement Services (BDPS) used its procurement system to send out 247 bid notifications to vendors registered under respective commodities. To further increase competition, BDPS uses historical solicitation information, the internet, and vendor contact information obtained from user departments to contact additional vendors by phone. Additionally, in an effort to secure more bids, notifications were sent by the BDPS ResourceLINK Team (RLT) to 25 chambers of commerce, the DFW Minority Business Council and the Women s Business Council Southwest, to ensure maximum vendor outreach. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 12, 2007, the City Council authorized a forty-eight-month contract, with two twelve-month renewal options, to provide group term life (basic and supplemental), voluntary dependent life, and accidental death and dismemberment insurance coverage by Resolution No On September 10, 2007, the Finance, Audit and Accountability Committee was briefed on Life/AD&D Insurance Benefits. FISCAL INFORMATION $2.00 per month per employee - Current Funds (subject to annual appropriations) Agenda Date 11/07/ page 2

13 M/WBE INFORMATION 63 - Vendors Contacted 63 - No Response 0 - Response (Bid) 0 - Response (No Bid) 0 - Successful 247 M/WBE and Non-M/WBE vendors were contacted The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No as amended. ETHNIC COMPOSITION Standard Insurance Company White Male 618 White Female 784 Black Male 20 Black Female 70 Hispanic Male 30 Hispanic Female 43 Other Male 100 Other Female 152 PROPOSAL INFORMATION The following proposals were received from solicitation number BSZ1123 and were opened on September 28, This contract is being awarded in its entirety to the most advantageous proposer. *Denotes successful proposer Proposers Address Score Cost *Standard Insurance 920 SW Sixth Avenue 83.8 $296, Company Portland, OR Minnesota Life 400 Robert Street North 76.6 $570, Insurance Company St. Paul, MN United HealthCare 6300 Olson Memorial Highway 72.9 $496, Golden Valley, MN Metropolitan Life 5400 LBJ Freeway 67.0 $807, Insurance Company Suite 1100 Dallas, TX Agenda Date 11/07/ page 3

14 PROPOSAL INFORMATION (Continued) Proposers Address Score Cost The Life Insurance 900 Cottage Grove Road 66.7 $778, Company of North Bloomfield, CT America, a CIGNA Company Hartford Life and 200 Hopmeadow Street 66.1 $703, Accident Insurance Simsbury, CT Company OWNER Standard Insurance Company Greg Ness, Chief Executive Officer Jim Harbolt, Vice President Holley Franklin, Vice President Corporate Secretary Floyd Chadee, Chief Financial Officer Agenda Date 11/07/ page 4

15 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a three-year service contract and policy, with two one-year renewal options, to provide basic and supplemental group term life, voluntary dependent life and accidental death and dismemberment insurance coverage Standard Insurance Company, most advantageous proposer of six - Not to exceed $2.00 per month per employee - Financing: Current Funds (subject to annual appropriations) Standard Insurance Company is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce. PROJECT CATEGORY: Other Services LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $ % Total non-local contracts $ % TOTAL CONTRACT $ % LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors None Non-Local Contractors / Sub-Contractors None TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $ % $ % Hispanic American $ % $ % Asian American $ % $ % Native American $ % $ % WBE $ % $ % Total $ % $ %

16

17 COUNCIL CHAMBER November 7, 2011 WHEREAS, on September 12, 2007, the City Council authorized a forty-eight-month contract, with two twelve-month renewal options, to provide group term life (basic and supplemental), voluntary dependent life, and accidental death and dismemberment insurance coverage by Resolution No ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is authorized to execute a service contract and policy with Standard Insurance Company (VS ) for group life, employee supplemental life, voluntary dependent life and accidental death and dismemberment insurance for a term of three years, with two one-year renewal options, in an amount not to exceed $2.00 per employee per month, upon approval as to form by the City Attorney. If the service was bid or proposed on an as needed, unit price basis for performance of specified tasks, payment to Standard Insurance Company shall be based only on the amount of the services directed to be performed by the City and properly performed by Standard Insurance Company under the contract. Section 2. That the City Controller is authorized to disburse funds from Fund 0265, Dept PER, Unit 7915, Object 3539 in the amount not to exceed $2.00 per month per employee for group basic term life insurance coverage. (subject to annual appropriations) Section 3. That the City Controller be authorized to remit the employee premiums collected via payroll deduction from the appropriate funding sources for coverage as listed: Fund Dept Unit Object Type of Coverage 0265 PER Supplemental Life Insurance 0265 PER Dependent Life Insurance 0265 PER Accidental Death & Dismemberment Section 4. That this resolution shall take effect immediately from and after its passage in accordance with provisions of the Charter of the City of Dallas and it is accordingly so resolved.

18

19 KEY FOCUS AREA: ADDENDUM ITEM # 2 Make Government More Efficient, Effective and Economical AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): 8 DEPARTMENT: Business Development & Procurement Services Public Works Department Sanitation Services CMO: Jeanne Chipperfield, Jill A. Jordan, P.E., Ryan S. Evans, MAPSCO: SUBJECT 67K Authorize the purchase and installation of furniture for the Landfill Operations Center - Workplace Resource of Dallas through the U.S. Communities Government Purchasing Alliance Not to exceed $83,504 Financing: 2006 Bond Funds BACKGROUND This purchase is for furniture for new offices at the Landfill Operations Center. The Sanitation Services Department is finishing out the new 7,600 square feet Landfill Operations Center, located at 5555 Youngblood to house the Sanitation Department s Landfill Management staff, which will accommodate 60 to 70 personnel. There will be 12 offices, a conference room, crew dispatch room, locker rooms, break rooms, multi-purpose research lab and records storage room furnished. U.S. Communities conforms to the requirements of Texas statutes that are applicable for competitive bids and proposals, in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In addition, they receive bids from manufacturers and dealers throughout the United States. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $83, Bond Funds

20 ETHNIC COMPOSITION Workplace Resource of Dallas White Male 17 White Female 29 Black Male 4 Black Female 0 Hispanic Male 4 Hispanic Female 1 Other Male 2 Other Female 3 OWNER Workplace Resource of Dallas Mark Bauer, President Lori Bauer, Chief Executive Officer Charlie Palmisano, Chief Financial Officer Agenda Date 11/07/ page 2

21 COUNCIL CHAMBER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: November 7, 2011 Section 1. That the purchase and installation of furniture for the Landfill Operations Center is authorized with Workplace Resource of Dallas (345920) through the U.S. Communities Government Purchasing Alliance in an amount not to exceed $83, Section 2. That the Purchasing Agent is authorized, upon appropriate requisition, to issue a purchase order for the purchase and installation of furniture for the Landfill Operations Center. If a formal contract is required for this purchase instead of a purchase order, the City Manager is authorized to execute the contract upon approval as to form by the City Attorney. Section 3. That the City Controller is authorized to disburse funds from the following appropriation in an amount not to exceed $83,503.18: Fund Dept Unit Obj Amount FY Program No. Encumbrance 7T60 PBW T $83, DC090 PBW06T752B1 Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.

22

23 KEY FOCUS AREA: A Cleaner, Healthier City Environment ADDENDUM ITEM # 3 AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): DEPARTMENT: All Code Compliance CMO: Joey Zapata, MAPSCO: SUBJECT N/A An ordinance amending Chapter 17 of the Dallas City Code to: (1) allow a retrofitted or converted vehicle to be used as a mobile food preparation vehicle upon meeting certain standards and requirements; (2) provide standards and procedures for a variance to allow the preparation and service of raw poultry, raw seafood, and non-fast-cooked food items on a mobile food preparation vehicle; (3) require certified food handlers at a mobile food establishment where non-prepackaged potentially hazardous food is prepared or served; and (4) make certain nonsubstantive changes - Financing: No cost consideration to the City BACKGROUND Chapter 17, "Food Establishments," of the Dallas City Code establishes rules to safeguard public health and provide consumers with food that is safe. Mobile food preparation vehicles (MFPV) are motorized food establishments in which ready-to-eat food is cooked, wrapped, purchased, processed or portioned for sale, service or distribution. The proposed ordinance would amend Sections , , , and of the Dallas City Code to: (1) allow a professionally retrofitted or converted motorized vehicle to be used as a mobile food preparation vehicle upon meeting certain structural standards and other requirements (currently only motorized vehicles originally manufactured as MFPVs may be used); (2) authorize the director to grant a variance to allow the preparation, cooking, and service of raw poultry, raw seafood, and non-fast-cooked food items on a mobile food preparation vehicle if certain conditions are met, which include a plan review of the proposed preparation, cooking, service, and storage of those food items (currently those food items are prohibited on an MFPV); (3) require employees at any mobile food establishment where non-prepackaged potentially hazardous food is prepared or served to have valid food handler certificates from the city if they will handle food, utensils, or food service equipment (currently food handler certificates are only mandated for food establishments determined to have food safety issues); and (4) make semantic, grammatical, and structural changes.

24 PRIOR ACTION/ REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed to the Quality of Life Committee on Monday, October 24, 2011 FISCAL INFORMATION No cost consideration to the City. Agenda Date 11/07/ page 2

25 10/31/11 ORDINANCE NO. An ordinance amending Sections , , , and of CHAPTER 17, FOOD ESTABLISHMENTS, of the Dallas City Code, as amended; defining terms; allowing a retrofitted or converted vehicle to be used as a mobile food preparation vehicle upon meeting certain standards and requirements; providing standards and procedures for a variance to allow the preparation and service of raw poultry, raw seafood, and non-fast-cooked food items on a mobile food preparation vehicle; requiring certified food handlers at a mobile food establishment where non-prepackaged potentially hazardous food is prepared or served; making certain semantic, grammatical, and structural changes; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Subsection (d) of Section , Additional Requirements, of Article II, Management and Personnel, of CHAPTER 17, FOOD ESTABLISHMENTS, of the Dallas City Code, as amended, is amended to read as follows: (d) Food handlers. (1) Food establishments for which food handler certification is mandatory. Section (d) is only mandatory for the following food establishments: (A) Any food establishment scoring 70 or below, out of a possible 100 points, on an inspection conducted under this chapter. (B) Any food establishment scoring from 71 to 79, out of a possible 100 points, on a reinspection conducted under this chapter during which a critical violation is found. (C) Any food establishment in which the same critical violation is found twice within any 12-month period during inspections conducted under this chapter. 1

26 illness. (D) Any food establishment that has had a confirmed foodborne (E) Any mobile food establishment described in Section (b) of this chapter that prepares or serves non-prepackaged potentially hazardous food. SECTION 2. That Article VIII, Mobile Food Establishments, of CHAPTER 17, FOOD ESTABLISHMENTS, of the Dallas City Code, as amended, is amended to read as follows: ARTICLE VIII. MOBILE FOOD ESTABLISHMENTS. SEC ADOPTION OF SECTION , TEXAS FOOD ESTABLISHMENT RULES. Section of the Texas Food Establishment Rules is hereby adopted and made a part of this chapter by reference, except that Subsections (a), (b), and (c)(2) of Section are not adopted. SEC ADDITIONAL REQUIREMENTS. (a) In addition to the requirements adopted in Section of this chapter, the requirements contained in this section govern mobile food establishments. (b) Categories of mobile food establishments. Mobile food establishments in the city are divided into the following categories: (1) Limited service. A limited service mobile food establishment is a mobile food establishment from which only the following foods and beverages are served, sold, or distributed: individual servings. (A) Food that is prewrapped, bottled, or otherwise packaged in (B) Beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment. (2) Vegetable and fruit vendor. A vegetable and fruit vendor is a mobile food establishment from which only raw vegetables and fruits are served, sold, or distributed. 2

27 (3) Mobile food preparation vehicle. A mobile food preparation vehicle is a commercially-manufactured, motorized mobile food establishment in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution. "Commercially-manufactured" means the vehicle was [originally] manufactured, converted, or retrofitted for use as a mobile food preparation vehicle by a person regularly in the business of manufacturing, converting, or retrofitting motorized vehicles as mobile food preparation vehicles for sale or compensation [and does not include any vehicle that is converted or retrofitted as a mobile food preparation vehicle]. (4) General service. Any mobile food establishment that is not a limited service mobile food establishment, a vegetable and fruit vendor, or a mobile food preparation vehicle is a general service mobile food establishment. (c) Vehicles. (1) A food establishment that uses a vehicle in the operation of a mobile food establishment shall: (A) identify the vehicle with characters three inches high on both exterior sides of the vehicle stating the following: included in the name; and (i) (ii) (iii) the name of the food establishment; a brief description of the nature of the business if not the permit number of the vehicle; (B) designated by the director; secure an inspection of the vehicle by the director on the date (C) maintain the vehicle in a clean, undamaged condition, both inside and outside, and in good working order; (D) keep the permit or a copy of the permit on the vehicle at all times; (E) display on the vehicle, in a manner and location approved by the director, a city telephone number provided by the director through which complaints about the mobile food establishment may be reported; (F) display on the vehicle current license plates and a current vehicle safety inspection sticker issued by the State of Texas, when required by state law; and (G) not equip the vehicle with any sound amplification device that, when operated, violates Section 30-2[(k)] of this code. 3

28 (2) In addition to other vehicle requirements of Section (c), a mobile food preparation vehicle must: (A) be equipped with four-way hazard lights; and (B) in addition to the left and right outside rearview mirrors, be equipped with two outside wide-angle mirrors, one located on the front of the vehicle and one located on the rear of the vehicle. (3) In addition to other vehicle requirements of Section (c), a general service mobile food establishment must: (A) durable stainless steel); be constructed of 18 gauge stainless steel (equivalent to.05 inches (B) not exceed six feet in length (including any handles measuring six inches or more in length and any permanently attached trailer hitches), three feet in width (exclusive of wheels), or four feet in height (exclusive of wheels); (C) inches above the ground; have the bottom of the food service or storage unit at least six (D) be equipped with an electrical oven or refrigeration system to maintain proper food temperature; and (E) not contain a grill. (4) In addition to other vehicle requirements of Section (c), a limited service mobile food establishment must not exceed three feet in length, two feet in width (exclusive of wheels), or two feet in height (exclusive of wheels), except for frozen dessert stationary pushcarts, which must not exceed six feet in length, three feet in width (exclusive of wheels), or four feet in height (exclusive of wheels). (d) Site of operation of general service pushcarts. (1) All food products, supplies, and equipment necessary for the operation of a pushcart must be contained on the vehicle or at a permitted facility. prohibited. (2) Slicing, dicing, and chopping of vegetables and other food items are (3) No cooking, including but not limited to grilling, baking, and frying, is allowed on a pushcart. Only the reheating of cooked food by boiling or steaming is allowed. (4) An operator of a pushcart must have access to restroom facilities during the hours the pushcart is in operation. 4

29 (5) The fixed site from which a pushcart is operated must have a valid food establishment permit issued under Article X of this chapter, unless otherwise approved by the director. (e) Food served or distributed from a mobile food establishment. A person may not serve or distribute from a mobile food establishment any food not specified in the food establishment permit issued under Article X of this chapter. (f) Ice. (1) Ice used in a beverage served by either a limited service mobile food establishment, a mobile food preparation vehicle, or a general service mobile food establishment must be: (A) (B) from an approved source; stored in a stainless steel container that; surfaces; and waste retention tank; and (i) (ii) (iii) is covered; is not installed above food equipment or food contact drains [drained] into the mobile food establishment's liquid (C) dispensed with an approved scoop by an employee of the mobile food establishment or from automatic self-service ice dispensing equipment. (2) All ice used to keep food cold must be drained into the mobile food establishment's liquid waste retention tank and properly disposed of at the mobile food establishment's designated commissary or servicing area. (g) Central preparation facility or commissary. (1) Supplies, cleaning, and servicing operations. A mobile food establishment must operate from a central preparation area, commissary, or other fixed food establishment and must report to the location for supplies and for cleaning and servicing operations at the end of each day. (2) Construction. The central preparation facility, commissary, or other fixed food service establishment, used as a base of operation for a mobile food establishment, must be constructed and operated in compliance with this chapter. 5

30 (h) Operating requirements for mobile food establishments. (1) General operating requirements for mobile food establishments. A food establishment that serves, sells, or distributes any food or beverage from a mobile food establishment shall comply with the following operating requirements: (A) Any person operating a motor vehicle as a mobile food establishment must have a current driver's license issued by the State of Texas. (B) Garbage storage containers must be maintained on each mobile food establishment in a number sufficient to contain all trash and garbage generated by the establishment. Every garbage container must have a tight-fitting lid. Before a mobile food establishment leaves a vending site, all trash and garbage must be removed from the site. Excessive trash and garbage may not be allowed to accumulate inside or around the mobile food establishment. All trash and garbage must be disposed of in an approved garbage receptacle. (2) Mobile food preparation vehicles. In addition to other operating requirements of Section (h), a food establishment that serves, sells, or distributes any food or beverage from a mobile food preparation vehicle must comply with the following requirements. (A) A mobile food preparation vehicle must have written authorization from the owner or person in control of each premises from which the mobile food preparation vehicle will sell or serve food. The authorization must include the specific dates and times during which the mobile food preparation vehicle is authorized to be present on the premises. A separate written agreement granting permission to use the toilet facilities and garbage receptacles must be obtained from the owner or person in control of the premises on which the mobile food preparation vehicle will sell or serve food or from the owner or person in control of a nearby premises. Toilet facilities may not be located more than 600 feet from the mobile food preparation vehicle and must be accessible during all times that the mobile food preparation vehicle is present on the premises. A current copy of each authorization must be maintained on file with the director and also in the vehicle for inspection by the director or a peace officer upon request. (B) Before a permit is issued or renewed to a mobile food preparation vehicle under this chapter, an itinerary for the mobile food preparation vehicle must be filed with the director. The director must be given written notice at least two business days before implementation of any changes to the filed itinerary. The itinerary must include: (i) the address of each premises to be serviced and the name and telephone number of the owner or person in control of those premises; (ii) the scheduled times of arrival at and departure from each premises to be serviced, which times must be accurate to within 30 minutes; and premises. (iii) a description of the food to be sold or served at each 6

31 (C) Only fast-cooked food items may be prepared on a mobile food preparation vehicle. No raw poultry or seafood [shellfish] may be prepared on the vehicle, except for frozen, breaded poultry or seafood [shellfish] products that are directly placed from the freezer into a fryer. (D) No cooking may be conducted while the vehicle is in motion. (E) All cooking equipment and hot holding units must be located at the rear of a mobile food preparation vehicle. All cooking equipment must be properly vented. An approved automatic fire extinguishing system must be provided over cooking surfaces that require exhaust ventilation. Covers with secure latches for deep fryers, steam tables, and similar equipment must be provided and installed [over fryer units] while the vehicle is in motion. (F) A mobile food preparation vehicle must: (i) be operated only in a location where such operation is allowed by the Dallas Development Code; other public right-of-way; (ii) (iii) not sell or serve food on any public street, sidewalk, or park only on an improved surface to sell or serve food; (iv) not stop or remain at any location to sell or serve food during any time other than the dates and times specified in: (aa) mobile food preparation vehicle; and the current itinerary on file with the director for the (bb) the current authorization agreement on file with the director for the use of the premises to sell or serve food; or (v) be parked overnight (for at least five consecutive hours) only at its commissary or at another location approved by the director that does not violate any applicable city ordinance or state or federal law. (G) It is a defense to prosecution under Section (h)(2)(F) that a mobile food preparation vehicle was being operated in compliance with all terms and conditions of a valid special event permit issued by the city. (i) Structural requirements for mobile food preparation vehicles and general service mobile food establishments. (1) A mobile food preparation vehicle and a general service mobile food establishment must have a potable water system under pressure that [is]: 7

32 (A) is equipped with a permanently installed water supply tank of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing; the water supply tank must have a minimum capacity of: (i) (ii) five gallons for a general service pushcart; and 30 gallons for a mobile food preparation vehicle; (B) is equipped with a water inlet that is: (i) located where it will not be contaminated by waste discharge, road dust, oil, or grease; and (ii) provided with a connection of a size or type that will prevent its use for any other service; [and] (C) is constructed and installed in accordance with the Rules on Food Service Sanitation, as adopted and amended by the Texas Department of State Health Services, which include National Sanitation Foundation standards, Underwriter Laboratory standards, and equivalent standards; [and] (D) is equipped with a propane tank installed in accordance with applicable fire department regulations pursuant to a valid liquid propane gas (LPG) permit issued by the fire department; (E) is equipped with a water heater, if the vehicle is a mobile food preparation vehicle; the water heater must be capable of heating water to at least 110 degrees Fahrenheit, and any tank of the water heater must have a minimum capacity of three gallons; and (F) provides a minimum water pressure of one gallon per minute. (2) In lieu of the potable water system under pressure required in Section (i)(1), a general service mobile food establishment may have a potable water system that is gravity fed with a mixing faucet if the water tanks: (A) are vented for escape or intake of air of sufficient volume to allow for water flow, and the vent openings are protected; (B) (C) have a smooth interior with no recesses and crevices; and have a combined water capacity of not less than five gallons. (3) If liquid waste results from the operation of a mobile food preparation vehicle or a general service mobile food establishment, the vehicle or establishment must have a liquid waste retention system that is [equipped with]: 8

33 (A) equipped with a permanently installed retention tank of at least 50 [15] percent larger capacity than the potable water supply tank; [and] (B) equipped with servicing connections that are: (i) of the potable water system; and located lower than the water inlet to prevent contamination (ii) of a different size or type than the connection used for supplying potable water to the unit; and (C) properly sloped to drain and collect all potential liquid waste. (4) In addition to other structural requirements of Section (i), a mobile food preparation vehicle must meet the following requirements: (A) Floors must be constructed of durable, easily cleanable material, including, but not limited to, anodized aluminum, stainless steel, or tile. All junctures must be properly sealed. All service lines and pipes must be installed off the floor to allow for easy cleaning. (B) Walls must be durable, easily cleanable, nonabsorbent, and light in color. Minimum wall covering materials include, but are not limited to, aluminum or fiberglassreinforced paneling. Walls at vent hood and grill areas must be covered with stainless steel panels. Wall covering must be installed to cover the entire height of each wall. Studs and utility lines may not be unnecessarily exposed on the wall or prevent cleaning. (C) Ceilings must be light in color, nonabsorbent, and easily cleanable. The height over the aisle-way portion of the vehicle must be at least 74 inches and unobstructed. Joists and rafters may not be exposed. (D) The cab of the vehicle must be physically separated from the food preparation area, and the seats designated for the cook and any passengers must be located outside of the food preparation area. Aisle space must be unobstructed and at least 30 inches wide. (E) Construction joints must be tightly fitted and sealed with no gaps or voids, and all sealant, solder, and weld joints located in the food contact areas must be smooth and approved for food contact surfaces. (F) The vehicle must be equipped with a built-in hose that may be used to wash the interior of the vehicle. (G) All equipment and utensils must meet or exceed the standards published by the National Sanitation Foundation (NSF). 9

34 (H) All equipment must be placed, installed, stored, and secured on the vehicle in a manner that allows for thorough cleaning and sanitizing around the equipment and prevents movement of the equipment when the vehicle is in motion. Counter-mounted equipment must be sealed directly to the countertop or securely installed to provide a four-inch clearance under the equipment. Floor-mounted equipment must be sealed directly to the floor or securely installed to provide a six-inch clearance under the equipment. (I) The vehicle must be equipped with a stainless steel, threecompartment sink measuring at least 12 inches long, 12 inches wide, and 10 inches deep to be used for warewashing. The sink must be equipped with: all sink compartments; and (i) a mixing faucet with a swivel spigot capable of servicing (ii) an integral stainless steal drainboard at least 12 inches long, which must be installed with a minimum one-half inch lip or rim to prevent the draining liquid from spilling onto the floor. (J) The vehicle must be equipped with a stainless steel sink measuring at least nine inches long, nine inches wide, and four inches deep to be used for handwashing. The sink must be: level; (i) located in an area that is fully accessible and at counter (ii) separated from the warewashing sink by a metal splashguard at least six inches high; and (iii) equipped with a soap dispenser and paper towel dispenser. (K) The vehicle must contain at least 20 inches of linear counter space for each piece of food equipment. Additional counter space must be provided that is sufficient to allow for safe food preparation. (L) The vehicle must contain at least 15 cubic feet of storage space for dry food and utensil storage. No food or utensil storage is allowed in any plumbing compartment. (M) The vehicle must be equipped with mechanical refrigeration equipment if potentially hazardous food is stored, prepared, or served on the vehicle. The mechanical refrigeration equipment must have at least 15 cubic feet of usable storage space and be capable of ensuring proper food temperature control during transportation and operation. (N) The vehicle must be equipped with an air conditioning system with a minimum capacity of 10,000 BTU. 10

35 (O) Outer openings of the vehicle, including but not limited to service windows, doors, pop-up vents, and sunroofs, must be insect and rodent proof and meet the following requirements: (i) Screens must be tightly fitted and in good repair, with a maximum of 16 mesh per square inch. (ii) Service windows must not be larger than 216 square inches. The distance between two service windows must not be less than 18 inches. Each service window must have an overhead protection cover extending at least 12 inches from the vehicle. (iii) Entrance doors and service windows to the food preparation area must be self-closing and must be kept closed when not in use. (P) The vehicle must be equipped with a power source, approved by the director, that is capable of handling the power demands of the vehicle and equipment while the vehicle is stopped or in motion. The power source must be permanently installed in an area that is completely separated from food preparation and food storage areas and must be accessible for proper cleaning and maintenance. (Q) Light bulbs and tubes must be covered and completely enclosed in plastic safety shields or the equivalent. (5) A food establishment may not serve, sell, or distribute any food or beverage from a mobile food preparation vehicle or a general service mobile food establishment that does not comply with the requirements of Section (i). (j) Servicing requirements for mobile food preparation vehicles and general service mobile food establishments. (1) A food establishment that serves, sells, or distributes any food or beverage from a mobile food preparation vehicle or a general service mobile food establishment shall comply with the following regulations: (A) Servicing area. The food establishment shall provide a servicing area where every mobile food preparation vehicle and general service mobile food establishment must report at least once daily for servicing operations. The servicing area must include: servicing operation; (i) overhead protection for any supplying, cleaning, or (ii) a location for the flushing and draining of liquid waste separate from the location provided for water service and the loading and unloading of food and related supplies; and (iii) a surface constructed of a smooth nonabsorbent material, including, but not limited to, concrete or machine-laid asphalt, that is maintained in good repair, kept clean, and graded to drain. 11

36 (B) Servicing methods and equipment. (i) Potable water servicing equipment must be installed according to all applicable city ordinances and state and federal law and stored and handled in a way that protects the water and equipment from contamination. (ii) The liquid waste retention tank for a mobile food preparation vehicle or a general service mobile food establishment must be thoroughly flushed and drained during the servicing operation. (iii) All liquid waste must be discharged to a sanitary sewerage disposal system constructed and operated according to all applicable city ordinances and state and federal law. (iv) Liquid waste may not be discharged from a mobile food preparation vehicle or a general service mobile food establishment while it is in motion. condition. (C) Site cleanup. A service site must be left in a clean, waste-free (D) Food preparation and service. Food may not be prepared or served while the vehicle is in motion or in an area that exposes any person present to a health or safety hazard. (2) A food establishment may not serve, sell, or distribute any food or beverage from a mobile food preparation vehicle or a general service mobile food establishment if the food establishment does not supply, clean, or service the mobile food preparation vehicle or general service mobile food establishment in accordance with Section (j). SECTION 3. That Subsection (e) of Section , Additional Requirements, of Article X, Compliance and Enforcement, of CHAPTER 17, "FOOD ESTABLISHMENTS," of the Dallas City Code, as amended, is amended to read as follows: (e) Plans and specifications. (1) A person shall not begin constructing a fixed facility or constructing a mobile food preparation vehicle (whether by manufacturing, retrofitting, or converting), or extensively remodeling a fixed facility, intended for use in the operation of a food establishment (other than a temporary food service establishment) before a copy of plans and specifications of the construction or remodeling are approved, in writing, by the director. A request for approval of plans and specifications must be accompanied by a nonrefundable plans review fee of $250 for a fixed facility or $250 for a mobile food preparation vehicle. (2) The director's written approval of plans and specifications is valid until whichever of the following dates or events occurs first: 12

37 (A) 18 months after the date of approval, for new construction of a fixed facility or construction of a mobile food preparation vehicle; (B) an existing facility; or six months after the date of approval, for extensive remodeling of permit. [;] (C) completion of construction and issuance of a food establishment (3) Before construction or remodeling may be continued or recommenced after an approval of plans and specifications lapses: (A) a new permit application must be made, and an application fee paid, in accordance with Section (d); and (B) the plans and specifications must be resubmitted to and approved by the director and a new plans review fee must be paid. (4) Approval of the plans and specifications by the director does not prevent the director from enforcing an ordinance or other law applicable to the construction or remodeling. (5) Plans and specifications submitted under this section for a fixed facility must conform to the requirements for plans and specifications in the Dallas Building Code. (6) If plans and specifications are approved by all affected departments of the city and construction has been in accordance with the plans and specifications, before an inspecting officer from any department may require a change, written notice must be served to the food establishment in accordance with Section (n). The notice must state: (A) (B) (C) the required change in the plans and specifications; the reason for the change; and the establishment's right to appeal the order of change. (7) A food establishment may appeal a change ordered under this section following the procedures of Section (q). SECTION 4. That Subsection (s) of Section , Additional Requirements, of Article X, Compliance and Enforcement, of CHAPTER 17, "FOOD ESTABLISHMENTS," of the Dallas City Code, as amended, is amended to read as follows: 13

38 (s) Variances. (1) A food establishment may apply to the director for a variance modifying or waiving the requirements of the Texas Food Establishment Rules or the requirements of this chapter. The food establishment shall apply for the variance on a form provided by the director and shall include in the application all of the information required by Section (c)(2) of the Texas Food Establishment Rules. The application must be accompanied by a nonrefundable application fee of $100. (2) The director may grant a variance by modifying or waiving the requirements of the Texas Food Establishment Rules [as authorized in Section (c) of the Texas Food Establishment Rules] or the requirements of this chapter if, in the opinion of the director, a health hazard or nuisance will not result from the variance. (3) If a variance is granted, the director shall retain in its records for the food establishment the information provided by the applicant under Section (c)(2) of the Texas Food Establishment Rules. A food establishment granted a variance shall comply with Section (c)(3) of the Texas Food Establishment Rules and any conditions or standards for the variance established by the director or this chapter. (4) A variance granted under this section is nontransferable. The variance expires two years after the date it is granted by the director, unless it is sooner revoked by the director or terminated by the food establishment. A variance may be renewed through the application process set forth in Paragraph (1) of this subsection. (5) The director shall deny or revoke a variance under this section if: (A) the food establishment made a false statement as to a material matter on or in connection with the request for the variance or on or in connection with the permit application for the food establishment; this chapter; (B) the food establishment does not hold a valid permit issued under (C) the director determines that a health hazard or nuisance will result or has resulted from the variance; (D) the food establishment failed to pay a fee required under this chapter at the time it was due; or (E) the food establishment is in violation of any term or condition of the variance as established by the director, this chapter, or state law. (6) If the director denies or revokes a variance, the director shall notify the applicant in writing by personal service or regular United States mail. The notice must include the reasons for the denial or revocation and a statement informing the applicant of the right to appeal the decision in accordance with Subsection (q) of this section. 14

39 (7) If, pursuant to this section, the director grants a variance to Section (p)(15) of the Texas Food Establishment Rules (which prohibits animals on the premises of a food establishment) to allow dogs to be present in the outdoor patio area of a food establishment, then the food establishment shall comply with the following conditions and standards in addition to any other conditions and standards established by the director for the variance: (A) Except as allowed under Section (p)(15) of the Texas Food Establishment Rules, no dog may be present inside the food establishment or on any playground area of the food establishment. (B) A separate entrance must be provided from the outside of the food establishment to the outdoor patio so that a dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment. A dog on an outdoor patio may not be allowed within seven feet of any entrance to the interior of the food establishment, except when necessary to enter or exit the patio. (C) A sign must be posted at the front entrance of the food establishment so that it is easily visible to the public. The sign must state: DOG FRIENDLY PATIO - DOG ACCESS ONLY THROUGH OUTDOOR PATIO. (D) Doors equipped with self-closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment. (E) No food preparation, including mixing drinks or serving ice, may be performed in the outdoor patio area, except that a beverage glass may be filled on the patio from a pitcher or other container that has been filled or otherwise prepared inside the food establishment. (F) The outdoor patio must be continuously maintained free of visible dog hair, dog dander, and other dog-related waste or debris. The outdoor patio must be hosed down or mopped with animal friendly chemicals at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner, or late-hours), or, if a food establishment has continuous food or beverage service without designated shifts, then every six hours that the establishment is open for business, except that cleaning under this subparagraph is not required if no dog has been present on the outdoor patio since the last cleaning. Waste created from a dog s bodily functions must be cleaned up with animal friendly chemicals within five minutes after each occurrence. All dog waste must be disposed of outside of the food establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment. (G) While on duty, wait staff or other food handlers at the food establishment may not pet or have contact with any dog. (H) A dog must be kept on a leash and remain in the control of the customer while in the outdoor patio area. The dog must be wearing a collar or harness with a current rabies tag attached to it. 15

40 (I) in the outdoor patio area. A dog is not allowed on a seat, table, countertop, or similar surface (J) A dog is not allowed to have contact with any dishes or utensils used for food service or preparation at the food establishment. (K) A dog may not be given any food (including, but not limited to, dog kibble, biscuits, and edible treats) while in the outdoor patio area, but may be given water in a disposable container. (8) If, pursuant to this section, the director grants a variance to Section (h)(2)(C) of this chapter (which allows only fast-cooked food items to be prepared on a mobile food preparation vehicle and prohibits raw poultry or raw seafood from being prepared or cooked on the vehicle) to allow raw poultry, raw seafood, and non-fast-cooked food items to be prepared, cooked, and served from a mobile food preparation vehicle, then the food establishment shall comply with the following conditions and standards in addition to any other conditions and standards established by the director for the variance: (A) The applicant must submit to the director detailed plans regarding the preparation, cooking, and service of the raw poultry, raw seafood, and non-fast-cooked food items on the mobile food preparation vehicle. The plans must include all of the following information: (i) A description of the raw poultry, raw seafood, and nonfast-cooked food items and how they will be prepared, cooked, and served. (ii) Details of how the raw poultry, raw seafood, and non-fastcooked food items will be stored on the vehicle. (iii) Any other information or documentation the director deems necessary to determine whether or not a health hazard or nuisance will result from granting the variance. (B) The food establishment must not have committed more than a total of three violations of this chapter or the Texas Food Establishment Rules within the preceding 12-month period that involved any mobile food preparation vehicle or fixed food facility operated by the food establishment, regardless of whether such violations were committed by an owner, officer, operator, manager, other person in charge, or employee of the food establishment. (C) The food establishment must not have had any confirmed foodborne illnesses at any of its locations within the preceding 24 months. (D) The food establishment must not have scored less than 80 on two separate graded food inspections within the preceding 24 months. (E) Cutting of raw poultry or raw seafood is prohibited on a mobile food preparation vehicle, except for seafood intended to be consumed raw. 16

41 (9) An owner, officer, manager, or other person in charge of a food establishment commits an offense if he, either personally or through an employee or agent, violates, allows a violation of, or fails to comply with a term or condition of a variance granted under this section. SECTION 5. That any mobile food preparation vehicle legally operating on November 7, 2011, pursuant to a current, valid permit issued under Chapter 17 of the Dallas City Code, is not required to comply with the air conditioning requirements of Section (i)(4)(N) of the Dallas City Code, as set forth in this ordinance, until January 1, SECTION 6. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 7. That CHAPTER 17 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. Any proceeding, civil or criminal, based upon events that occurred prior to the effective date of this ordinance are saved, and the former law is continued in effect for that purpose. SECTION 8. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. SECTION 9. That this ordinance will take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney Passed LC/DCC/00507A 17

42

43 KEY FOCUS AREA: ADDENDUM ITEM # 4 Public Safety Improvements and Crime Reduction AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): DEPARTMENT: All Fire CMO: A. C. Gonzalez, MAPSCO: SUBJECT N/A Authorize (1) an application for and acceptance of a grant from The Heritage Program by Fireman s Fund for the purchase of smoke detectors for distribution to citizens; and (2) execution of the grant agreement - Not to exceed $19,793 - Financing: FY12 Fireman s Funds BACKGROUND On October 21, 2011, Dallas Fire-Rescue Department was notified of being chosen to receive a grant of support from Fireman's Fund for $19,793. The grant may be used for firefighter equipment, firefighter training and/or community education. The Dallas Fire-Rescue Department will use the funds to purchase approximately 1,760 smoke detectors to be provided to the citizens in an on-going life safety education to the community. Smoke detectors will be used to maintain and expand the existing Dallas Fire-Rescue Department's home visit program in which homes identified as high risk for fire are visited. Fire education information is presented and smoke detectors are provided and installed to the residents at no cost to the resident. The smoke detectors are installed by city staff and volunteers of the Dallas Fire-Rescue Department. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION $19,793 FY12 Fireman s Funds

44

45 COUNCIL CHAMBER November 7, 2011 WHEREAS, The Heritage Program by Fireman s Fund has chosen the City of Dallas, Fire-Rescue Department to receive a grant to be used for firefighter equipment, firefighter training and/or community education; and WHEREAS, The Dallas Fire-Rescue Department plans to purchase smoke detectors for the on-going life safety education to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager or her designee is hereby authorized to apply for and accept the grant, in an amount not to exceed $19,793 and execute the grant agreement with Fireman s Fund, upon approval as to form by the City Attorney. Section 2. That the City Controller is hereby authorized to deposit grant funds into Fund 0270, Department DFD, Unit 2087, Revenue Source 8411 in an amount not to exceed $19,793. Section 3. That the City Manager is hereby authorized to establish appropriations in accordance with the grant agreement in Fund 0270, Department DFD, Unit 2087, Object Code 2280 in an amount not to exceed $19,793. Section 4. That the City Controller is hereby authorized to disburse funds from Fund 0270, Department DFD, Unit 2087, Object 2280 in accordance with the grant agreement for the purchase of smoke detectors. Section 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.

46

47 KEY FOCUS AREA: ADDENDUM ITEM # 5 Make Government More Efficient, Effective and Economical AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): DEPARTMENT: N/A Human Resources CMO: Mary K. Suhm, MAPSCO: SUBJECT N/A Authorize a contract with Dallas Area Rapid Transit for the purchase of 375 annual passes in support of the City's clean air initiative - Not to exceed $154,008 - Financing: Current Funds (to be reimbursed by participating employees) BACKGROUND The Dallas Area Rapid Transit (DART) annual pass program is designed to increase DART ridership through a reduced fare to program participants. Passes allow unlimited transportation for a full calendar year (7 days per week) on DART bus, rail and commuter rail routes. It is expected to increase the use of public transportation by City employees, thereby decreasing automobile emissions. Increasing City employees use of mass transportation is part of the City's clean air strategies. The 2012 program will be effective January 1, 2012, through December 31, The DART Pass program is open to permanent civilian and uniformed Fire employees. Uniformed Police employees already ride free of charge on DART transportation routes. The City will purchase approximately 375 annual bus passes which will be reimbursed by participating employees through payroll deductions November 7, PRIOR ACTION/REVIEW (Council, Boards, Commissions) Authorized the DART A-Pass program on January 22, 2003, by Resolution No Authorized the City funded DART A-Pass program as part of the FY budget on September 24, 2003, by Resolution No

48 PRIOR ACTION/REVIEW (Council, Boards, Commissions) (Continued) Authorized a contract with DART to purchase A-Passes on October 22, 2003, by Resolution No Authorized the City funded DART A-Pass program as part of the FY budget on September 22, 2004, by Resolution No Authorized the City funded DART pass program as part of the FY budget on September 28, 2005, by Resolution No Authorized a contract with DART to purchase A-Passes on October 26, 2005, by Resolution No Authorized purchase of 1,700 bus passes from Dallas Area Rapid Transit on behalf of City employees in support of the City s 2007 clean air initiative on October 25, 2006, by Resolution No Authorized purchase of 2,000 bus passes from Dallas Area Rapid Transit on behalf of City employees in support of the City s 2008 clean air initiative on October 24, 2007, by Resolution No Authorized purchase of 4,000 bus passes from Dallas Area Rapid Transit on behalf of City employees in support of the City s 2008 clean air initiative on November 10, 2008, by Resolution No Authorized purchase of 450 bus passes from Dallas Area Rapid Transit on behalf of City employees in support of the City's 2010 clean air initiative on January 27, 2010, by Resolution No Authorized purchase of 384 bus passes from Dallas Area Rapid Transit on behalf of City employees in support of the City's 2011 clean air initiative on December 8, 2010, by Resolution No FISCAL INFORMATION Current Funds - $154,008 (to be reimbursed by participating employees) OWNER Dallas Area Rapid Transit Gary Thomas, President and Executive Director Agenda Date 11/07/ page 2

49 COUNCIL CHAMBER November 7, 2011 WHEREAS, the City Council authorized the Dallas Area Rapid Transit A-Pass program on January 22, 2003, by Resolution No ; and WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit A-Pass program on September 24, 2003, by Resolution No ; and WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit A-Pass program on October 22, 2003, by Resolution No ; and WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit A-Pass program on September 22, 2004, by Resolution No ; and WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on September 28, 2005, by Resolution No ; and WHEREAS, the City Council authorized a contract with Dallas Area Rapid Transit to purchase A-Passes on October 26,2005, by Resolution No ; and WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on October 25, 2006, by Resolution No ; and WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on October 24, 2007, by Resolution No ; and WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on November 10, 2008, by Resolution No ; and WHEREAS, the City Council authorized the City funded Dallas Area Rapid Transit Pass program on January 27, 2010, by Resolution No ; and WHEREAS, the City Council authorized a contract with Dallas Area Rapid Transit for the purchase of 384 annual passes in support of the City's 2011 clean air initiative - on December 8, 2010, by Resolution No ; and WHEREAS, it is the City's desire to execute a one-year contract for the 2012 Calendar year with Dallas Area Rapid Transit to purchase approximately 375 passes, the cost of which will be reimbursed through employee payroll deductions.

50 COUNCIL CHAMBER November 7, 2011 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager be and is hereby authorized to enter into a contract, where a contract is required, after approval as to form by the City Attorney, for the purchase of approximately 375 DART Passes to include Paratransit coupon books on behalf of City employees in support of the City's clean air initiative. Section 2. That the City Controller or designee be and is hereby authorized to disburse funds from Fund 0001, Dept PER, Unit 1436, Object 3532, Encumbrance No. CT PER to Dallas Area Rapid Transit (Vendor #232802) for the purchase of approximately 375 passes, on behalf of City employees at a cost not to exceed $154,008 to be reimbursed through employee payroll deductions. Section 3. That the City Controller or designee be and is hereby authorized to make employee payroll deductions to reimburse the City to Fund 0001, Dept PER, Unit 1436, Object 5011 in the amount of $154,008. Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

51 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 6 AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): 4 DEPARTMENT: Sustainable Development and Construction CMO: Ryan S. Evans, MAPSCO: SUBJECT 48 N P Q Authorize the City Manager to provide a Notice of Establishment for a Quiet Zone along the Union Pacific Railroad encompassing the Jim Miller Road, Urban Avenue and Buckner Boulevard crossings as required by the Federal Railroad Administration (FRA) Final Train Horn Rule 49 CFR Parts 222 and 229, with the intent to establish a Quiet Zone - Financing: No cost consideration to the City BACKGROUND The sounding of locomotive train horns as they approach street grade crossings throughout the day and night negatively impacts the quality of life for those persons residing near the rail line and also for those persons in the larger general area. The Federal Railroad Administration (FRA) issued its Train Horn Rule in response to this concern. The Rule provides a detailed process for a Quiet Zone that includes the issuance of a notice of intent by the City, a multi-agency diagnostic site meeting, installation of any supplemental safety measures deemed necessary, followed by a notice of Quiet Zone establishment by the City to affected agencies including the FRA, railroad operators, State agencies and the owners of the rail corridor. While the routine use of train horns approaching grade crossings within a Quiet Zone will no longer be required, the train operator will continue to utilize the horn as a warning to track workers, trespassers and animals on the tracks or in other potentially dangerous situations. A Notice of Intent to create the new Quiet Zone was issued on September 24, The Diagnostic Team, consisting of representatives from the City of Dallas, TxDOT, Union Pacific Railroad and the FRA met on October 23, The Diagnostic Team identified the closure of Urban Street as a supplemental safety measure as a substitute for the sounding of the locomotive horn. The City of Dallas City Council approved the permanent closure of Urban Avenue at its intersection with the Union Pacific Railroad Tracks on October 26, 2011.

52 BACKGROUND (continued) The action proposed by this item will authorize the distribution of the required Notice of Establishment of a Quiet Zone encompassing the Jim Miller Road, Urban Avenue and Buckner Boulevard crossings to the Federal Railroad Administration (FRA), State Transportation Agency (TxDOT) and the Railroad Owner (Union Pacific) in compliance with the FRA Final Train Horn Rule. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Briefed to the Council Transportation and Environment Committee on February 26, City Council approved the Notice of Intent for establishing a Quiet Zone on September 10, City Council approved the permanent closure of Urban Avenue at its intersection with the Union Pacific Railroad Tracks, a Supplemental Safety Measure required by the FRA Final Train Horn Rule 49 CFR Parts 222 and 229 on October 26, FISCAL INFORMATION No cost consideration to the City. MAP Attached. Agenda Date 11/07/ page 2

53 ( [Railroad Quiet Zone] [Mapsco 48 N P OJ

54

55 COUNCIL CHAMBER November 7, 2011 WHEREAS, the routine sounding of the locomotive train horn approaching street grade crossings has a negative effect on the quality of life for those persons living along the rail line and also for those persons in the larger general area; and WHEREAS, the Federal Railroad Administration (FRA) has issued its Train Horn Rule that requires trains to sound their horns within a quarter-mile of a street grade crossing unless a quiet zone has been established by a public authority; and WHEREAS, the City has provided the required notice of intention of establishing a quiet zone along the Union Pacific railroad encompassing the Jim Miller Road, Urban Avenue, and Buckner Boulevard crossings; and WHEREAS, in order to facilitate the establishment of a quiet zone encompassing the Jim Miller Road, Urban Avenue, and Buckner Boulevard crossings, the City has adopted an ordinance and entered into an agreement with the Union Pacific Railroad Company to close and vacate Urban Avenue at its crossing with the railroad; and WHEREAS, the City desires to proceed with the implementation of a quiet zone along the Union Pacific railroad encompassing the Jim Miller Road, Urban Avenue, and Buckner Boulevard crossings by filing the required notice of establishment; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to provide the required notice to establish a quiet zone along the Union Pacific railroad encompassing the Jim Miller Road, Urban Avenue, and Buckner Boulevard crossings as provided for in the FRA s Final Train Horn Rule. Section 2. That this resolution shall take effect immediately from and after its passage in accordance with the provision of the Charter of the City of Dallas, and it is accordingly so resolved.

56

57 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 7 AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): DEPARTMENT: Outside City Limits Water Utilities CMO: Forest E. Turner, MAPSCO: SUBJECT Outside City Limits Authorize an increase in the contract with Oscar Renda Contracting, Inc. for the removal of concrete basin walls and associated equipment at the Eastside Water Treatment Plant - $800,000, from $45,070,450 to $45,870,450 - Financing: Water Utilities Capital Improvement Funds BACKGROUND The existing treatment basins at the Eastside Water Treatment Plant (ESWTP) were designed for a two-step treatment process using lime as a primary chemical. The Dallas Water Utilities Treated Water System Water Quality Study initiated in 2006 and completed in 2009, recommended changes to the treatment process to increase removal of organics and subsequently reduce corrosion and chlorine residual loss in the distribution system. Several Water Quality Improvement alternatives were evaluated to achieve the recommended process changes at all three water treatment plants. One recommended improvement was to convert the two-step treatment process to a single step process by removing a concrete wall and secondary treatment equipment in the middle of the treatment basins. For ESWTP, the basin wall removal was originally planned for construction in FY On-going construction activities associated with hydraulic and chemical improvements as part of the planned Expansion to 540 Million Gallons per Day (MGD) have placed a restriction on the capacity of the ESWTP beginning September 2011 through September The ESWTP plant will be limited to 260 MGD, which reduces our total treatment capacity (all three treatment plants combined) to 650 MGD. Modeling of historical system demands show this treatment capacity nears the trigger for Stage 2 of our Drought Contingency Plan. As stated above, the removal of the basin walls is a planned construction project scheduled for FY Accelerating the removal of the walls via a change order will result in 30 MGD of additional treated water capacity from ESWTP. This will increase our overall estimated treatment capacity to 680 MGD.

58 BACKGROUND (Continued) The proposed work must be completed by Mid-November 2011 to allow on-going construction activities to continue and begin the transition to the new single stage treatment process. A contractor currently on-site has a demolition subcontractor mobilized at this time for similar work. By authorizing the demolition of the walls at this time, we can utilize the already mobilized subcontractor and reduce the cost of construction. Actual cost will be quantified using time and materials but the contractor has estimated the demolition activities to cost approximately $800,000. The DWU construction team will work with the contractor to develop a detailed itemized cost for the work and negotiate the final amount upon completion of the work. DWU staff estimates the work to come in slightly under $800,000. Authorizing the construction activities associated with this change order is considered added value to the City. The timing is such that the contractor needs to proceed immediately so the work can be completed within the necessary time and avoid delaying the on-going construction schedule related to plant process conversion. The construction demolition activities included in the proposed change order represent demolition activities that would have been performed in the future on a planned contract. Ultimately, this proposed work represents a low risk and relatively low cost option to achieve additional treatment capacity to help meet peak demand periods in PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized a contract with Oscar Renda Contracting, Inc. for the construction of the Eastside Water Treatment Plant expansion to 540 million gallons per day - headworks and chemical improvements, on October 14, 2009, by Resolution No Authorized Supplemental Agreement No. 3, with C P & Y, Inc. for additional engineering services for the design of the Eastside Water Treatment Plant expansion and construction management services for the Eastside Water Treatment Plant and Bachman Water Treatment Plant, on March 28, 2007, by Resolution No Authorized a contract with Cajun Constructors, Inc. for the construction of a new filter complex and additional improvements to the existing filter at the Eastside Water Treatment Plant, on June 14, 2006, by Resolution No Authorized Supplemental Agreement No. 2, with C P & Y, Inc. for additional engineering services in support of the Eastside Water Treatment Plant expansion and construction management services for the Eastside Water Treatment Plant and Bachman Water Treatment Plant, on April 26, 2006, by Resolution No Agenda Date 11/07/ page 2

59 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) (Continued) Authorized Supplemental Agreement No. 1, with C P & Y, Inc. for additional engineering services for the design of the Eastside Water Treatment Plant 540 million gallons per day expansion and construction management services for the Bachman Water Treatment Plant expansion, on October 27, 2004, by Resolution No Authorized a professional services contract with C P & Y, Inc. to provide engineering services for the expansion of the Eastside Water Treatment Plant, on September 11, 2002, by Resolution No FISCAL INFORMATION $800, Water Utilities Capital Improvement Funds M/WBE INFORMATION See attached. ETHNIC COMPOSITION Oscar Renda Contracting, Inc. Hispanic Female 7 Hispanic Male 230 Black Female 0 Black Male 3 Other Female 0 Other Male 0 White Female 12 White Male 33 OWNER Oscar Renda Contracting, Inc. Oscar Renda, President MAP Attached Agenda Date 11/07/ page 3

60 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize an increase in the contract with Oscar Renda Contracting, Inc. for the removal of concrete basin walls and associated equipment at the Eastside Water Treatment Plant - $800,000, from $45,070,450 to $45,870,450 - Financing: Water Utilities Capital Improvement Funds Oscar Renda Contracting, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Construction LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY Amount Percent Local contracts $220, % Non-local contracts $ % TOTAL THIS ACTION $220, % LOCAL/NON-LOCAL M/WBE PARTICIPATION THIS ACTION Local Contractors / Sub-Contractors Local Certification Amount Percent Lindamood Demolition, Inc. WFDB50648Y0912 $220, % Total Minority - Local $220, % Non-Local Contractors / Sub-Contractors None TOTAL M/WBE PARTICIPATION This Action Participation to Date Amount Percent Amount Percent African American $ % $1,012, % Hispanic American $ % $789, % Asian American $ % $60, % Native American $ % $ % WBE $220, % $6,202, % Total $220, % $8,063, %

61 LONG CREEK RD. LARKIN RD. PROJECT AREA PROJECT AREA BERRY RD. EASTSIDE PURIFICATION PLANT Mapsco: 50A N S T Council District: Outside City Limits Project Location«" D1737 B Water Utilities Department Contract No Eastside Water Treatment Plant Expansion to 540 MGD Headworks and Chemical Improvements

62

63 COUNCIL CHAMBER November 7, 2011 WHEREAS, bids were received on July 16, 2009 for the Eastside Water Treatment Plant expansion to 540 million gallons per day - headworks and chemical improvements, Contract No , listed as follows: BIDDERS BID AMOUNT Oscar Renda Contracting, Inc. $45,070, Archer Western Contractors, Ltd. $51,036, McCarthy Building Companies, Inc. $53,117, and, WHEREAS, the bid submitted by Oscar Renda Contracting, Inc., 608 Henrietta Creek Road, Roanoke, Texas, in the amount of $45,070, is the lowest and best of all bids received; WHEREAS, accelerating the removal of the basin walls is projected to increase the treatment capacity at the Eastside Water Treatment Plant by as much as 30 MGD; WHEREAS, Oscar Renda Contracting, Inc. has submitted an acceptable estimated proposal for this additional work; and, WHEREAS, the Water Utilities Department recommends that Contract No be increased by $800,000, from $45,070,450 to $45,870,450.00; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. Authorize change order for removal of concrete basin walls and associated equipment at the Eastside Water Treatment Plant for the purpose of recovering approximately million gallons per day of production capacity - $800,000, from $45,070,450 to $45,870,450, be accepted. Section 2. That the City Controller be and is hereby authorized to pay the amount of $800, from the Water Improvement Fund as follows: FUND DEPT UNIT ACT OBJ PRO REP ENCUMBRANCE VENDOR 0115 DWU PW32 WTPF W2RQ CTDWU709195CP Oscar Renda Contracting, Inc. - (Contract No ) - $800, Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.

64

65 KEY FOCUS AREA: ADDENDUM ITEM # 8 Make Government More Efficient, Effective and Economical AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): DEPARTMENT: All City Secretary CMO: Rosa Rios, MAPSCO: SUBJECT N/A A resolution designating absences by Councilmember Angela Hunt as being for "official city business" - Financing: No cost consideration to the City BACKGROUND Chapter III, Section 4(e) of the Dallas City Charter provides in part, "If any city councilmember, including the mayor, misses more than 10 percent of the total number of regular meetings held by the city council during any compensation year, then the city councilmember's compensation...for that year will be reduced proportionately by the number of meetings missed... Meetings missed by a city councilmember while he or she is on official business of the city and at the direction of the city council will not be counted towards the percentage of meetings missed for which compensation reduction is required... but will be counted as though the member had attended the meetings that are missed while so engaged in city business." Section 4.11(b) of the City Council Rules of Procedure provides that an absence by a councilmember for (1) attending a meeting or conference of a professional organization or association of municipalities or municipal officers, (2) testifying at a legislative hearing at the request of the mayor, the city council, the chair of the council's legislative affairs committee or the city manager, or (3) attending a meeting of a board, commission, or committee to which the councilmember has been appointed by the mayor, or the city council, will automatically be deemed to be for "official city business at the direction of the city council" and will not be counted against a city councilmember for purposes of determining the councilmember's annual compensation.

66 BACKGROUND (Continued) Section 4.11 (c) of the City Council Rules of Procedure provides that in addition to those absences automatically considered to be on "official city business at the direction of the city council," under Section 4.11(b) above, the city council may by resolution designate whenever a councilmember's absence is for official city business and not counted as a missed meeting for purposes of determining the councilmember's annual compensation under Chapter III, Section 4 of the Dallas City Charter. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION No cost consideration to the City. Agenda Date 11/07/ page 2

67 COUNCIL CHAMBER November 7, 2011 WHEREAS, Chapter III, Section 4(e) of the Dallas City Charter provides in part: If any city councilmember, including the mayor, misses more than 10 percent of the total number of regular meetings held by the city council during any compensation year, then the city councilmember s compensation for that year will be reduced proportionately by the number of meetings missed. Meetings missed by a city councilmember while he or she is on official business of the city and at the direction of the city council will not be counted towards the percentage of meetings missed for which compensation reduction is required but will be counted as though the member had attended the meetings that are missed while so engaged in city business; and WHEREAS, Section 4.11(b) of the City Council Rules of Procedure provides that an absence by a councilmember for (1) attending a meeting or conference of a professional organization of or association of municipalities or municipal officers, (2) testifying at a legislative hearing at the request of the mayor, the city council, the chair of the council's legislative affairs committee or the city manager, or (3) attending a meeting of a board, commission, or committee to which the councilmember has been appointed by the mayor or the city council, will automatically be deemed to be for "official city business at the direction of the city council" and will not be counted against a city councilmember for purposes of determining the councilmember s annual compensation; and WHEREAS, Section 4.11 (c) of the City Council Rules of Procedure provides that in addition to those absences automatically considered to be on "official city business at the direction of the city council," under Section 4.11(b) above, the city council may by resolution designate whenever a councilmember s absence is for official city business and not counted as a missed meeting for purposes of determining the councilmember s annual compensation under Chapter III, Section 4 of the Dallas City Charter; and WHEREAS, Councilmember Angela Hunt participated in events as noted in Exhibit A attached, which required her to miss a city council meeting and a city council committee meeting; and WHEREAS, the purpose for participating in these events required Councilmember Angela Hunt to miss most of a city council meeting and a city council committee meeting as noted in Exhibit A attached; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DALLAS

68 COUNCIL CHAMBER November 7, 2011 SECTION 1. That, in accordance with Chapter III, Section 4(e) of the Dallas City Charter and Section 4.11(c) of the City Council Rules of Procedure, the purposes for Councilmember Angela Hunt being absent from a city council meeting and a city council committee meeting as noted in Exhibit A attached, are hereby deemed to be for "official city business" and any absences will not be counted against Councilmember Angela Hunt in determining her annual compensation under Chapter III, Section 4 of the Dallas City Charter. SECTION 2. That, in accordance with Section 4.11 of the City Council Rules of Procedure, the City Secretary shall maintain a record of these absences so that such absences will not count against Councilmember Angela Hunt in determining her annual compensation under Chapter III, Section 4 of the Dallas City Charter. SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas and it is accordingly so resolved.

69 Exhibit A CITY COUNCIL MEMBER(S) TRIPS REQUEST ABSENT ON OFFICIAL CITY BUSINESS COUNCILMEMBER TRIP/EVENT LOCATION DATE PURPOSE MEETING(S) MISSED Angela Hunt German Marshall Fund & Washington, 09/12/2011 Attendee/Participant Trinity River Project Urban Land Institute DC Committee Meeting Roundtable Discussion on 09/12/2011 Local Leadership and Innovation During Financial Crisis Angela Hunt Fact-finding tour of bicycle infrastructure Bogotá, Columbia 10/10/2011 Learning about bicycle infrastructure in Bogotá, Columbia City Council Agenda Meeting 10/10/2011 STATUS Complete Complete OFFICE OF THE CITY SECRETARY DALLAS, TEXAS G:\data\B & C\Danny's B&C Folder\Exhibit A (Attendance).doc

70

71 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 9 AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): 4 DEPARTMENT: Housing/Community Services CMO: Ryan S. Evans, MAPSCO: SUBJECT 56L Authorize (1) a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 4% low-income housing tax credit (LIHTC) allocation for Buckeye Trail Commons located at 6707 Buckeye Commons Way for the new construction of the proposed 207-unit multifamily residential development for families and seniors; and (2) the issuance of tax-exempt Multifamily Housing Mortgage Revenue Bonds Series 2011 by the Dallas Housing Authority (DHA), as Housing Options, Inc., in an amount not to exceed $15,000,000 to finance the construction of Buckeye Trail Commons - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND The Dallas Housing Authority (DHA), as Bexar Parc, L.P. has filed an application with TDHCA for an allocation of 4% tax credits for the Buckeye Trail Commons project located at 6707 Buckeye Trail Commons Way and has requested the City s support of the application and authorization to issue tax-exempt mortgage revenue bonds to finance the construction. The Buckeye Trail Commons project is a proposed low income multifamily new construction project. This intergenerational project will have 122 units for families and 85 units for seniors. It will replace the Turner Courts public housing units that have been demolished. The unit mix will include: 105 one-bedroom units, 83 two-bedroom units, 13 three-bedroom units, 5 four-bedroom units, and one management unit. The project will serve households at 60% or less of Area Median Family Income (AMFI).

72 BACKGROUND (continued) The project will be financed with approximately $9,570,000 in Low Income Housing Tax Credits, up to $15,000,000 in tax exempt mortgage revenue bonds, $25,000,000 in HOPE VI funds from the Department of Housing and Urban Development, and $2,500,000 from the City of Dallas approved in November With the project located within the city limits of Dallas, Section 147(f) of the Internal Revenue Code requires that in order for bonds to be tax-exempt the governing body or the chief elected official of the governmental unit in which the project is located approve the issuance of the $15,000,000 in bonds by the Dallas Housing Authority (DHA), as Housing Options, Inc. In accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA), a public hearing was held by DHA/Housing Options, Inc. on October 11, 2011 at the DHA Central Office, 3939 N. Hampton Road. The bonds will not be issued by the City of Dallas nor will they be a liability to the City. As a requirement for City funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is located within one mile of the proposed LIHTC multifamily project Buckeye Trail Commons II that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant support of the application to TDHCA for Buckeye Trail Commons for the 4% LIHTC program and allow DHA, as Housing Options, Inc. to issue up to $15,000,000 in tax exempt bonds for this project. Agenda Date 11/07/ page 2

73 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On November 2, 2009, the Turner Courts Redevelopment project was briefed to the Housing Committee. On November 9, 2009, the City Council approved a resolution for a pre-application waiver for the Turner Courts Redevelopment by Resolution No On November 9, 2009, the City Council approved a resolution authorizing $2,500,000 in General Obligation Bond Funds, Proposition 8, to DHA for the Redevelopment Project by Resolution No On August 17, 2011, the City Council approved an ordinance granting a Planned Development District for mixed use for Phase I and Phase II. FISCAL INFORMATION No cost consideration to the City. OWNERS DHA/Bexar Parc, L.P. Mary Ann Russ, Executive Director DEVELOPER DHA/Bexar Parc, L.P. Mary Ann Russ, Executive Director MAP Attached Agenda Date 11/07/ page 3

74 5 BETHURUM 56F 26 II> ~ SUWOOO ~ v E I ~ ~ 31 ROCHES1Bl 28 ~ C:I MIlIl. I P~! cnce I ~ 26 """" VESPER CD 00 ~ 6L ~ 56 5 C "0 ~ 56P ~6Q 56R cd!' OVERiO <;) " %R S BAlEMAN ~ ~\J\ ~,~...& 43 V' [MAPSCO 56L J

75 COUNCIL CHAMBER November 7, 2011 WHEREAS, on November 2, 2009, the Turner Courts Redevelopment project was briefed to the Housing Committee; and WHEREAS, on November 9, 2009, the City Council approved a resolution for a preapplication waiver for the Turner Courts Redevelopment project; and, WHEREAS, on November 9, 2009, the City Council approved $2,500,000 for the Turner Courts Redevelopment project; and, WHEREAS, the Dallas Housing Authority (DHA) was established to provide affordable housing opportunities, and WHEREAS, DHA organized Housing Options, Inc. as a public facilities corporation pursuant to Chapter 303 of the Local Government Code, as amended (the Act ) and is empowered under the Act to issue its revenue bonds to finance public facilities, including multifamily residential units; and WHEREAS, Housing Options, Inc. proposes to issue $15,000,000 in Mortgage Revenue Bonds Series 2011 to finance the construction of 207 multifamily residential units at 6707 Buckeye Commons Way; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code ) requires that the governing body or the chief elected official of the governmental unit in which the project is located approve the issuance of tax-exempt bonds; and, WHEREAS, the Dallas Housing Authority has requested support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, the TDHCA application calls for the governing body approval in the event that the application may not meet the requirements of 49.8(2) A,B,C, the City Council supports the granting of exceptions referenced in the 2011 Qualified Allocation Plan pursuant to those sections; and WHEREAS, in February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, as a condition for being considered for the award of the 4% tax credit, the Applicant has committed to renting 206 units to tenants with household incomes at 60% or below the area median family income (AMFI); and

76 COUNCIL CHAMBER November 7, 2011 WHEREAS, as with the City of Dallas funding and support of the TDHCA 4% LIHTC application for Buckeye Trail Commons, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the Buckeye Trail Commons project located at 6707 Buckeye Commons Way; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 4% low-income housing tax credit allocation for Dallas Housing Authority/Bexar Parc, L.P. project located at 6707 Buckeye Commons Way for the new construction of the proposed 207 unit multifamily residential development for low income family and senior housing. SECTION 2. That the City of Dallas will allow the issuance of tax-exempt Multifamily Housing Mortgage Revenue Bonds Series 2011 by the Dallas Housing Authority (DHA), as Housing Options, Inc., in an amount not to exceed $15,000,000 to finance the construction of Buckeye Trail Commons. The approval is provided solely for the purpose of satisfying the conditions and requirements of Section 147(f) of the Internal Revenue Service code for tax-exempt bonds. SECTION 3. That the City of Dallas support of the TDHCA LIHTC application for Dallas Housing Authority/Bexar Parc, L.P. will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost, to the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/Community Services Department gives prior approval of the social service plan.

77 COUNCIL CHAMBER November 7, 2011 SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas will waive the preapplication and monitoring review fees of $1,000 and $500/annually. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

78

79 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 10 AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): 4 DEPARTMENT: Housing/Community Services CMO: Ryan S. Evans, MAPSCO: SUBJECT 56L Authorize (1) a resolution in support of the Texas Department of Housing and Community Affair s (TDHCA) 4% low-income housing tax credit (LIHTC) allocation for Buckeye Trail Commons II located at 6717 Bexar Street for the new construction of the proposed 116-unit multifamily residential development for families; and (2) the issuance of tax-exempt Multifamily Housing Mortgage Revenue Bonds Series 2011 by the Dallas Housing Authority (DHA), as Housing Options, Inc., in an amount not to exceed $10,000,000 to finance the construction of Buckeye Trail Commons II - Financing: No cost consideration to the City Recommendation of Staff: Approval BACKGROUND The Dallas Housing Authority (DHA), as Buckeye Trail Commons II, L.P. has filed an application with TDHCA for an allocation of 4% tax credits for the Buckeye Trail Commons project located at 6717 Bexar Street and has requested the City s support of the application and authorization to issue tax-exempt mortgage revenue bonds to finance the construction. The Buckeye Trail Commons II project is a proposed low income multifamily new construction project. This multifamily project will have 116 units for families. It will replace the Turner Courts public housing units that have been demolished. The unit mix will include: 32 one-bedroom units, 48 two-bedroom units, and 36 three-bedroom units. The project will serve households at 60% or less of Area Median Family Income (AMFI) with 106 of the units with 10 units will be offered to households with higher incomes.

80 BACKGROUND (continued) The project will be financed with approximately $5,068,351 in Low Income Housing Tax Credits, up to $10,000,000 in tax exempt mortgage revenue bonds, $25,000,000 in HOPE VI funds from the Department of Housing and Urban Development, and $2,500,000 from the City of Dallas approved in November With the project located within the city limits of Dallas, Section 147(f) of the Internal Revenue Code requires that in order for bonds to be tax-exempt the governing body or the chief elected official of the governmental unit in which the project is located approve the issuance of the $10,000,000 in bonds by the Dallas Housing Authority (DHA), as Housing Options, Inc. In accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA), a public hearing was held by DHA/Housing Options, Inc. on October 11, 2011 at the DHA Central Office, 3939 N. Hampton Road. The bonds will not be issued by the City of Dallas nor will they be a liability to the City. As a requirement for City funding and endorsement of low income housing tax credit projects, the Applicant(s) are required to conduct a survey of the needs of the tenants as each lease is signed and will provide some or all of the following social services at no cost to the tenants, such as: after-school and summer break care for children, health screenings; counseling/domestic crisis intervention; emergency assistance, computer education, adult education programs (such as: ESL, life skills and nutrition classes, etc.); and social and recreational activities. This requirement only applies if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project. This project is located within one mile of the proposed LIHTC multifamily project Buckeye Trail Commons that proposes to serve the same population. State law prohibits approval of new tax credit projects that are located less than a mile from another tax credit project funded within the same year unless the projects are serving different clientele. However, if the project serving the same population was funded between one and three years, then the municipality has the authority to provide a resolution waiving the one mile three year rule. The Housing/Community Services Department is recommending that City Council grant support of the application to TDHCA for Buckeye Trail Commons II for the 4% LIHTC program and allow DHA, as Housing Options, Inc. to issue up to $10,000,000 in tax exempt bonds for this project. Agenda Date 11/07/ page 2

81 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On November 2, 2009, the Turner Courts Redevelopment project was briefed to the Housing Committee On November 9, 2009, the City Council approved a resolution for a pre-application waiver for the Turner Courts Redevelopment by Resolution No On November 9, 2009, the City Council approved a resolution authorizing $2,500,000 in General Obligation Bond Funds, Proposition 8, to DHA for the Redevelopment Project by Resolution No On August 17, 2011, the City Council approved an ordinance granting a Planned Development District for mixed use for Phase I and Phase II. FISCAL INFORMATION No cost consideration to the City. OWNERS DEVELOPER DHA/Buckeye Trail Commons II, L.P. DHA/Buckeye Trail Commons II, L.P. Mary Ann Russ, Executive Director Mary Ann Russ, Executive Director MAP Attached Agenda Date 11/07/ page 3

82 U\ 0 o Mapseo, Inc. ~ 56F 5 """ ~. ~ ~ 26 II> ~ su:wooo ROCHESTBl 28 UJ ~ t! ~ VAWlTINE 31 G fj'l ~. fj'l 56 ~ 56 5 ~ -e fj'l -1\ fj'l c -0 ~ Rochester ParX 56P 11~ 6 Q 56R rd!' o VERiO ~ ~DR s BA "- ~ ~ I18.DEtl ~ 43 V' ~ ~& [MAPSCO 56L J

83 COUNCIL CHAMBER November 7, 2011 WHEREAS, on November 2, 2009, the Turner Courts Redevelopment project was briefed to the Housing Committee; and WHEREAS, on November 9, 2009, the City Council approved a resolution for a preapplication waiver for the Turner Courts Redevelopment project; and, WHEREAS, on November 9, 2009, the City Council approved $2,500,000 for the Turner Courts Redevelopment project; and, WHEREAS, the Dallas Housing Authority (DHA) was established to provide affordable housing opportunities, and WHEREAS, DHA organized Housing Options, Inc. as a public facilities corporation pursuant to Chapter 303 of the Local Government Code, as amended (the Act ) and is empowered under the Act to issue its revenue bonds to finance public facilities, including multifamily residential units; and WHEREAS, Housing Options, Inc. proposes to issue $10,000,000 in Mortgage Revenue Bonds Series 2011 to finance the construction of 116 multifamily residential units at 6717 Bexar Street; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code ) requires that the governing body or the chief elected official of the governmental unit in which the project is located approve the issuance of tax-exempt bonds; and, WHEREAS, the Dallas Housing Authority has requested support of their application to TDHCA for the 2011 Low Income Housing Tax Credit Program; and WHEREAS, the TDHCA application calls for the governing body approval in the event that the application may not meet the requirements of 49.8(2) A,B,C, the City Council supports the granting of exceptions referenced in the 2011 Qualified Allocation Plan pursuant to those sections; and WHEREAS, in February 10, 2010, the City Council approved a modification to the policy for the acceptance of applications seeking City of Dallas support for low income housing tax credit financing, when the State of Texas does not require direct City of Dallas approval by Resolution No ; and WHEREAS, as a condition for being considered for the award of the 4% tax credit, the Applicant has committed to renting 106 units to tenants with household incomes at 60% or below the area median family income (AMFI); and

84 COUNCIL CHAMBER November 7, 2011 WHEREAS, as with the City of Dallas funding and support of the TDHCA 4% LIHTC application for Buckeye Trail Commons II, the owner of the project will provide social services with the project approved by the Housing/Community Services Department, if the Applicant(s) is utilizing City funding in the financing of the low income housing tax credit project; and WHEREAS, the City of Dallas desires to provide approval of the TDHCA LIHTC application for the Buckeye Trail Commons II project located at 6717 Bexar Street; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas supports the Texas Department of Housing and Community Affair s (TDHCA) 4% low-income housing tax credit allocation for Dallas Housing Authority/Buckeye Trail Commons II, L.P. project located at 6717 Bexar Street for the new construction of the proposed 116 unit multifamily residential development for low income family housing. SECTION 2. That the City of Dallas will allow the issuance of tax-exempt Multifamily Housing Mortgage Revenue Bonds Series 2011 by the Dallas Housing Authority (DHA), as Housing Options, Inc., in an amount not to exceed $10,000,000 to finance the construction of Buckeye Trail Commons II. The approval is provided solely for the purpose of satisfying the conditions and requirements of Section 147(f) of the Internal Revenue Service code for tax-exempt bonds. SECTION 3. That the City of Dallas support of the TDHCA LIHTC application for Dallas Housing Authority/Buckeye Trail Commons II, L.P. will be contingent on the following if the owner is utilizing City funding in financing of the low income housing tax credit project: (1) the Project Owner expending a minimum of $40,000 (a minimum of $40,000 or $200 per unit per year, whichever is greater) for social services for, and at no cost, to the residents of the development, based on a survey of residents needs, to be implemented within three months of project completion; (2) inclusion of this requirement in the Land Use Restriction Agreement (LURA) by the Texas Department of Housing and Community Affairs (TDHCA) and the City s Deed Restrictions containing the social services requirement; and, (3) if the LURA does not require the social services expenditures to be made prior to debt service payment, a separate guarantee by an entity or individual acceptable to the City that the social services expenditures will be made. Up to 50% of the social service requirement can be fulfilled with in kind social services provided the Housing/Community Services Department gives prior approval of the social service plan.

85 COUNCIL CHAMBER November 7, 2011 SECTION 4. That prior to receiving a conditional City of Dallas building permit required by TDHCA prior to closing on the tax credits, the Project Developer will consult with the City of Dallas Sustainable Development and Construction Department with regard to security related design standards. SECTION 5. That the City of Dallas will waive the preapplication and monitoring review fees of $1,000 and $500/annually. SECTION 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.

86

87 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 11 AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): 2 DEPARTMENT: Housing/Community Services CMO: Ryan S. Evans, MAPSCO: SUBJECT 34U Authorize (1) a public hearing to be held on December 14, 2011 to receive comments on the proposed City of Dallas submission of an application to the U.S. Department of Housing and Urban Development (HUD) for a Community Development Block Grant (CDBG) Section 108 Guarantee Loan Program loan in an amount not to exceed $4,800,000 for eligible activities, which may include acquisition, demolition of existing buildings, sitework and public improvements, relocation assistance, loan interest reserve and financing costs related to public offering to aid Chicory Court IX, LP, in the development of Champion Homes at Copperridge multi-family residential project for mixed-income families located at 5522 Maple Avenue including construction of 252 apartment units with 153 units deed restricted for 15 years for persons with incomes at 80% or less of Area Median Family Income as established by HUD; and at the close of the public hearing, (2) consideration of submission of an application to HUD for a CDBG Section 108 Guarantee Loan Program loan to aid Chicory Court IX, LP, in an amount not to exceed $4,800,000 - Financing: No cost consideration to the City BACKGROUND In pursuit of programs to help fill the gap in financing for development projects during the economic downturn beginning since the fall of 2008, City staff has researched, and in November 2008 briefed the City Council Economic Development and Housing Committees. The Committees gave preliminary approval for application to U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) Section 108 Guarantee loan funds for individual projects with the total of all applications not to exceed $75,000,000. The City seeks to fund projects that sustain or increase the level of business activity in the project area by expanding economic activities, improving or constructing housing, and providing jobs to low and moderate income persons. It is also important to the City that Section 108 loan repayments from borrowers match the City s required repayments to HUD on the Section 108 Guarantee Loan.

88 BACKGROUND (continued) Annual repayments of Section 108 Guarantee loans should be credit enhanced to eliminate risk of City making payments from annual CDBG allocations. HUD requires the City to pay financing costs related to public offering for projects approved for Section 108 funding. Section 108 applications submitted to HUD can include this cost in addition to the cost submitted in developers proposals for project development. In January 2011, Saleem Jafar, President, submitted an application to the City of Dallas on behalf of Chicory Court IX, LP, for support of their application to the Texas Department of Housing and Community Affairs (TDHCA) for the 2011 Low Income Housing Tax Credit (LIHTC) Program. On February 23, 2011, the City Council granted an approval of the Chicory Court IX, LP application to TDHCA for Champion Homes at Copperridge for the LIHTC Program. On March 7, 2011, the Housing Committee was briefed on the status of the LIHTC application for the Champion Homes at Copperridge project, and staff recommendation to move forward to full City Council with the developer's request for additional financial aid for the project. The Housing Committee voted to recommend moving the developer's request for $4,800,000 in Section 108 Guarantee Loan funds forward to the full City Council. The City has received an amended proposal from Chicory Court IX, LP, for funding in the amount of $4,800,000 from Community Development Block Grant Section 108 Guarantee Loan funds to include $252,000 for interest reserve and $48,000 for financing costs related to public offering. The Section 108 funds will be used for eligible activities, which may include acquisition, demolition of existing buildings, sitework and public improvements, relocation assistance, and loan interest reserve to aid Chicory Court IX, LP in development of Champion Homes at Copperridge, a multi-family residential project for mixed-income families located at 5522 Maple Avenue including construction of 252 apartment units with 153 units deed restricted for 15 years for affordability for persons with incomes at 80% or less of Area Median Family Income as established by HUD. The Champion Homes at Copperridge project is located in CDBG eligible Block Group The Champion Homes at Copperridge project has received a forward commitment from the Texas Department of Housing and Community Affairs for 9% low-income housing tax credits for The Section 108 Guarantee loan application, upon approval by City Council, will be submitted to HUD, but the funding of the Champion Homes project will be contingent upon the receipt of the tax credit funds. Agenda Date 11/07/ page 2

89 BACKGROUND (continued) The Section 108 loan will be repaid with future TIF proceeds available to the project, project cash flow, and City Center TIF Affordable Housing funds. The Housing Committee will be briefed on December 5, 2011, regarding increase in the total Section 108 funds from $4,500,000 to $4,800,000 to be requested in the City s application submitted to HUD for the Champion Homes amended proposal to include interest reserve and financing costs related to public offering. The Council public hearing to be held on December 14, 2011, will comply with HUD regulations and City's Citizen Participation Plan of 30 days comment period. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 17, 2008, the Economic Development Committee and the Housing Committee were briefed and gave favorable approval on CDBG Section 108 Loan Application authorization for the use of Section 108 Guarantee Loan funds to provide project gap financing or mezzanine debt necessary to move projects forward in today s financial market, to minimize, if not eliminate, the risk to the CDBG program revenue and set guidelines by which the funds would be used. On January 5, 2009, the Economic Development Committee and the Housing Committee were briefed and gave favorable approval on CDBG Section 108 Guarantee Loan fund application requirements and proposed Program Guidelines for City to apply for up to a total of $75,000,000 in guarantee loans. On January 28, 2009, the City Council adopted CDBG Section 108 Guarantee Loan Program Statement, setting out the program purpose, description, operations and project criteria by Resolution No On February 22, 2011, the Housing Committee was briefed on and gave support of an application from Champion Homes at Copperridge to Texas Department of Housing and Community Affairs (TDHCA) for approval of a 9% LIHTC allocation. On February 23, 2011, the City Council approved support of the TDHCA 9% LIHTC allocation for Champion Homes at Copperridge by Resolution No On March 7, 2011, the Housing Committee was briefed and gave favorable approval for the developer's request for $4,800,000 in Section 108 Guarantee Loan funds. FISCAL INFORMATION No cost consideration to the City. Agenda Date 11/07/ page 3

90 OWNER(S) Chicory Court IX, LP Saleem Jafar, President DEVELOPER Odyssey Residential Holdings, LP Bill Fisher, President Odyssey Residential Holdings, LP Bill Fisher, President MAP Attached Agenda Date 11/07/ page 4

91 (MAPSCO 34U]

92

93 COUNCIL CHAMBER November 7, 2011 WHEREAS, the City of Dallas seeks to keep momentum going in growth prone areas and stimulate investment in more challenged areas by providing a substitute for declining availability of capital funding while banks are not willing to loan as much against collateral, interest rates for available funding have increased and proceeds from sales of tax credits has declined; and WHEREAS, on November 17, 2008, the Economic Development Committee and the Housing Committee were briefed and gave favorable approval on CDBG Section 108 Loan Application authorization for the use of Section 108 Guarantee Loan funds to provide project gap financing or mezzanine debt necessary to move projects forward in today s financial market, to minimize, if not eliminate, the risk to the CDBG program revenue and set guidelines by which the funds would be used; and WHEREAS, on January 5, 2009, the Economic Development Committee and the Housing Committee were briefed and gave favorable approval on CDBG Section 108 Guarantee Loan fund application requirements and proposed Program Guidelines for the City to apply for up to a total of $75,000,000 in guarantee loans; and WHEREAS, on January 28, 2009, the City Council adopted CDBG Section 108 Guarantee Loan Program Statement, setting out the program purpose, description, operations and project criteria by Resolution No ; and WHEREAS, on February 23, 2011, the City Council approved support of the TDHCA 9% LIHTC allocation for the Champion Homes at Copperridge project by Resolution No ; and WHEREAS, on March 7, 2011, the Housing Committee was briefed and gave favorable approval for the developer's request for $4,800,000 in Section 108 Guarantee Loan funds; and WHEREAS, Champion Homes at Copperridge project has received a forward commitment from the Texas Department of Housing and Community Affairs for 9% low-income housing tax credits for 2012, and WHEREAS, the City of Dallas desires to apply to HUD for Community Development Section 108 Guarantee Loan funds to aid in the development of the Champion Homes at Copperridge project, a multi-family residential project for mixed-income families located at 5522 Maple Avenue for 252 multi-family residential units with 153 units deed restricted for 15 years for persons with incomes at 80% or less of Area Median Family Income as established by HUD, by providing funding for eligible activities, which may include acquisition, demolition of existing buildings, sitework and public improvements, relocation assistance, and loan interest reserve, and

94 COUNCIL CHAMBER November 7, 2011 WHEREAS, Section 108 Guarantee Loan Program funding for the Champion Homes project will be contingent upon the receipt of the Texas Department of Housing and Community Affairs' 9% low-income housing tax credit allocation for the project; and WHEREAS, future TIF proceeds available to the project, project cash flow, and City Center TIF Affordable Housing funds will be used to repay the Section 108 loan for Champion Homes at Copperridge project; and WHEREAS, the City Council of the City of Dallas desires to call a public hearing to receive comments on the application to the U.S. Department of Housing and Urban Development for Community Development Block Grant Section 108 Guarantee Loan funds in an amount not to exceed $4,800,000 for the Champion Homes at Copperridge project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Council hereby authorizes a public hearing to be held on December 14, 2011, to receive citizens comments on the proposed City of Dallas submission of an application to the U.S. Department of Housing and Urban Development (HUD) for a CDBG Section 108 Guarantee Loan Program loan in the amount not to exceed $4,800,000 to aid Chicory Court IX, LP in the development of the Champion Homes at Copperridge project, a proposed multi-family residential project for mixed-income families located at 5522 Maple Avenue for 252 multi-family residential units with 153 units deed restricted for 15 years for persons with incomes at 80% or less of Area Median Family Income as established by HUD. SECTION 2. That funding of the Champion Homes at Copperridge project with Section 108 Guarantee Loan funds shall be contingent upon the receipt of the Texas Department of Housing and Community Affairs' 9% low-income housing tax credit allocation for the project. SECTION 3. That future TIF proceeds available to the project, project cash flow, and City Center TIF Affordable Housing funds will be used to repay the Section 108 loan for Champion Homes at Copperridge project. SECTION 4. That at the close of the December 14, 2011 public hearing, the City Council will consider whether to authorize the submission of an application to HUD for a CDBG Section 108 Guaranteed Loan for Chicory Court IX, LP in an amount not to exceed 4,800,000. SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.

95 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 12 AGENDA DATE: November 7, 2011 COUNCIL DISTRICT(S): 13 DEPARTMENT: Sustainable Development and Construction CMO: Ryan S. Evans, MAPSCO: SUBJECT 25 F A public hearing to receive comments regarding an application for and a resolution granting a variance to the alcohol spacing requirements from the St. Mark's School of Texas required by Section 6-4 of the Dallas City Code to allow a wine and beer retailer's off-premise permit for a general merchandise or food store greater than 30,000 square feet on property on the southeast corner of Preston Road and Royal Lane Financing: No cost consideration to the City BACKGROUND On November 9, 2009, the City Council approved an amendment to Section 6-4 of Chapter 6, Alcoholic Beverages, of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school. On October 26, 2011, the City Council further amended Section 6-4 of Chapter 6. The latest amendments allows Council to grant a variance from any protected use; reduces the size of a general merchandise or food store that can request a variance from 50,000 to 30,000 square feet; and adds a restaurant without drive-in or drive-through service with a wine or beer retailer s permit with a food and beverage certificate or a mixed beverage permit with a food and beverage certificate. The standard spacing requirement is 300 feet between the property line of the business and the property line of the school. However under certain circumstances, the City Council may grant a variance to the distance. The standard for approval of the variance is that: A. the application is for a wine and beer retailer s permit pursuant to Chapter 25 of the Texas Alcoholic Beverage Code with a food and beverage certificate; a wine and beer retailer s off-premise permit pursuant to Chapter 26 of the Texas Alcoholic Beverage Code; or a mixed beverage permit pursuant to Chapter 28 of the Texas Alcoholic Beverage Code with a food and beverage certificate;

96 BACKGROUND (continued) B. the application is for a general merchandise or food store use with 30,000 square feet or more of floor area or a restaurant without drive-in or drive-through service; C. the front door of the business where alcoholic beverages will be sold does not face the property of the protected use; D. alcoholic beverages will not be sold by drive-in or drive-through service; and E. enforcement of the spacing requirements in this particular instance: (i) is not in the best interest of the public; (ii) constitutes waste or inefficient use of land or other resources; (iii) creates an undue hardship on an applicant for an alcohol permit; (iv) does not serve its intended purpose; (v) (vi) is effective or necessary; or for any other reason that the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. An application for a waiver of the spacing requirements was submitted on October 26, 2011, by HEB Beverage Company, LLC. The property owner is Southeast Preston Royal, LTD. St. Mark s School of Texas located on the east side of Preston Road, south of Royal Lane and is the school that creates the need for the variance. The applicant has submitted the following information regarding item E above: The location of the proposed Central Market grocery store is within a large shopping center parcel of approximately 8 acres. While the larger shopping center tract is barely within 300 feet of the private school campus, the location of the proposed Central Market grocery store is at the opposite corner of the 8 acres the furthest distance from the school property. The store entrance faces west and would actually be a walking distance of over 1,477.7 feet along the nearest public sidewalks to the closest corner of the school campus which is located to the south of the shopping center tract. In contrast, the first alcohol distance variance was approved by the City Council for the Kroger store under construction at Cityplace with a walking distance of only This sets up an odd situation with regard to distance from the school. There are several commercial buildings along Preston Road that have entrances that are actually much closer to the school property than the entrance to the proposed Central Market. However, solely because those buildings are on separately platted lots rather than one large lot they would not need a variance to sell alcohol under the City s rules. Agenda Date 11/07/ page 2

97 BACKGROUND (continued) In this instance, strict enforcement of the alcohol distance requirements is overly restrictive and is not in the best interest of the public for the following reasons: It would constitute an inefficient use of land because strict enforcement would prevent a grocery store with alcohol sales from occupying a lease space that is suited only for such a larger format retailer and is ideally located for grocery store use. Not only would the inability to sell alcohol represent a hardship to the applicant as it would place it at a disadvantage to competing grocery stores, this result would be achieved solely because the applicants lease space is part of a very large tract whose farthest end is closer to the school property, rather than the business itself being close to the school property. And, this result would occur even though the grocery store entrance would be located much farther from the private school campus than an existing convenience store with alcohol sales when measured along public walking routes. In addition, it would be located farther from a number of other buildings that are permitted alcohol sales without the need to obtain a variance. Accordingly, the restriction would not be effective in serving its intended purpose because it would serve only to restrict alcohol sales from a business that is no closer to the school than from existing alcohol sales. Strict enforcement is not necessary as allowing the variance only for the Central Market lease space would still contain alcohol sales to areas that are far removed from the entrance to the public school. Moreover, it should be noted that the private school in question has a large and sprawling campus. The portion of the campus within 300 feet of the shopping center tract is a very small edge of the school property located at that corner of the campus that is farthest from any building entrance or campus. Moreover, this portion of the campus is not part of the original school site. It is comprised of a block of formerly residential land that was a later addition to the campus. Though intervening City streets have been abandoned, it remains separated from the main portion of the campus by parking areas and private drives. The site is approximately eight acres developed with a multi-tenant shopping center and is located in a CR Community Retail District. The site is surrounded by residential uses to the east and immediately south and retail uses to the north and west. The St. Mark s School of Texas is located further south beyond the residential uses. The site is located at the intersection of two major thoroughfares. Given the distance of the proposed use from the school site, staff can support this request. This item requires two seconds to pass. Agenda Date 11/07/ page 3

98 PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 9, 2009, the City Council approved an amendment to Section 6-4 of Chapter 6, Alcoholic Beverages, of the Dallas City Code to allow a process for a variance to the spacing requirements between a business selling alcohol and a public or private school. On October 26, 2011, the City Council further amended Section 6-4 of Chapter 6. FISCAL INFORMATION No cost consideration to the City. MAP Attached. Agenda Date 11/07/ page 4

99 T T T T " ~»~~.",,~ -,!... ~", \, \ GRAMERGY,PL ".'--PRESTON ROYAL-SG-, R- I I IMF-2(A) i 1(1'4===~ J ~ IL L,,,-,,_,-,''_L-,,-''TLU-L-1- p L.LN-''-', _ / / t'tiy V ;;' I ; i PD 553 Sf Marks School of Texas 1:3,600 AV November 7, 2011

100 * 1 W JACKSON WALKER L.L.P. ATTORNEYS & COUNSELORS Myron D. Domic (214) (Direct Dial) (214) (Direct Fax) mdornic@jw.com VIA HAND DELIVERY October 26, 20II Ms. Neva Dean Department of Sustainable Development and Construction City ofdallas 1500 Marilla Street, Room 5BN Dallas, Texas RECEIVED BY OCT Current Planning Re: Application for Variance from Distance Requirements for Alcohol Sales Dear Ms. Dean: On behalf ofheb Beverage Company, LLC, and pursuant to Section 6-4(g) ofthe City of Dallas Code, please consider this letter as an application for a variance from the distance requirements of Section 6-4(a) for alcohol sales in proximity to a private school. The request is made to allow beer and wine sales for off-premise consumption in conjunction with a proposed Central Market grocery store to be comprised of33,788 square feet located in the former Borders book store space in the retail center located at the southeast comer of Preston Road at Royal Lane (10720 Preston Road, Suite 1018). In support of this request, we offer the following required information: (A) Name ofthe owner of the property where the alcohol business will be located: Southeast Preston Royal, LTD (B) Name and address ofthe applicant for the alcohol permit: HEB Beverage Company, LLC P.O. Box San Antonio, TX (C) Type of alcohol permit being sought: Wine and Beer Retailer's Off-Premise Permit (D) Name and address of the protected use (private school): Saint Mark's School oftexas Preston Road Dallas, TX Main Street, Suite 6000 Dalla<;, Texas (214) fax (214) Austin Dallas Fort Worth Houston San Angelo San Antonio Member of GLOBALAW$M v.l

101 Ms. Neva Dean October 26, 20II Page 2 (E) Statement regarding how the request meets the variance standards ofthe City Code: The location of the proposed Central Market grocery store is within a large shopping center parcel of approximately 8 acres. While the larger shopping center tract is barely within 300 feet ofthe private school campus, the location ofthe proposed Central Market grocery store is at the opposite corner ofthe 8 acres the furthest distance from the school property. (See Exhibit A) The store entrance faces west and would actually be a walking distance ofover 1,477.7 feet along the nearest public sidewalks to the closest corner of the school campus which is located to the south of the shopping center tract. In contrast, the first alcohol distance variance was approved by the City Council for the Kroger store under construction at Cityplace with a walking distance of only 325.8'. This sets up an odd situation with regard to distance from the school. There are several commercial buildings along Preston Road that have entrances that are actually much closer to the school property than the entrance to the proposed Central Market. However, solely because those buildings are on separately platted lots rather than one large lot they would not need a variance to sell alcohol under the City's rules. (See Exhibit B). In this instance, strict enforcement ofthe alcohol distance requirements is overly restrictive and is not in the best interest of the public for the following reasons: It would constitute an inefficient use of land because strict enforcement would prevent a grocery store with alcohol sales from occupying a lease space that is suited only for such a larger format retailer and is ideally located for grocery store use. Not only would the inability to sell alcohol represent a hardship to the applicant as it would place it at a disadvantage to competing grocery stores, this result would be achieved solely because the applicant's lease space is part ofa very large tract whose farthest end is closer to the school property, rather than the business itself being close to the school property. And, this result would occur even though the grocery store entrance would be located much farther from the private school campus than an existing convenience store with alcohol sales when measured along public walking routes. In addition, it would be located farther from a number of other buildings that are permitted alcohol sales without the need to obtain a variance. (See Exhibit B). Accordingly, the restriction would not be effective in serving its intended purpose because it would serve only to restrict alcohol sales from a business that is no closer to the school than from existing alcohol sales. Strict enforcement is not necessary as allowing the variance only for the Central Market lease space would still contain alcohol sales to areas that are far removed from the entrance to the public school. Moreover, it should be noted that the private school in question has a large and sprawling campus. The portion of the campus within 300 feet of the shopping center tract is a very small edge of the school property located at that comer of the campus that is farthest from any building entrance or active student areas. In fact, it appears to include only an area that is outside ofthe perimeter fence ofthe campus. Moreover, this portion ofthe campus is not part of the original school site. It is comprised ofa block offormerly residential land that was a later addition to the campus. Though intervening City streets have been abandoned, it remains separated from the main portion of the campus by parking areas and private drives. (See Exhibit C) For these reasons, the applicant respectfully requests approval of a variance pursuant to Section 6-4(g) of the City Code. In support of the application, enclosed please find the following additional documentation is included: (I) Cashier's checks payable to the City of Dallas totaling $1, representing the application fee; and v.1

102 Ms. Neva Dean October 26, 2011 Page 3 (2) A survey showing the location and distances ofthe subject properties and the front door of the location ofthe proposed store. Please do not hesitate to contact me should you have any questions or if additional information is requested v.1

103 Exhibit A HEB Food Store # Preston Rood. Suite 1018 Dallos, Tx Jock. Martin & Associotes ALCOHOL MEASUREMENT PLAT o. -, '" c " ~ -" ' Restrictive Zone (from property line) o c 4 " o ~ ~.# u. '''" " 5 " '" 6 o..c i.., ~.. 'J.'J 0 " ~ ;. c <; o '" c: r "0 "0 0 -;:;- 1" ;0 ;0 N.s! m m ~ -<.:: '" en.0 0 0,,, - Z; Z Z c 'C'" c, '" "... ;:::: 0- E, e- O ~... Yo /5505 J.511j"5 AC -e 150),.::),~ " e ~ " '" 0 N " c:.,;., m cc " - " ;., N.:: <0 = c 5 0" '" - 'C M c, o ~.;: " " Co M Door -- ~o e, Q.~ "'" c, N 0 c ;::::... :: '" '" 1/5499 '" '" 3 E '- o... ~,"'! c: " " t AC, o, J!I.688 [ AC r~ N ;; 3 C; 4 1-,) 0., 1 u 2 5 ;; ""' 6 N.,.<0 ",.' 1(1:).5 1 :J{) 1~1D 100 1{J{J ORCHID H5 300' Rcstrictive Zone (from property linc) St. Mar-k's School (Private School) SCALE 1" - ::00' I have conducted (or caused to be conducted) a physical inspection of the crec and a diligent search of public records to determine if the place of business is located near any protected uses. This survey mop shows thot the place of business where alcoholic beverages will be sold does not meet the location requirements in Dallas City Code 6-4. The HE8 Food store 1653 located ot Preston Road, Suite 1016 in the City of" Dollos is within 300 feet 01 a church. public or private schopl. day care center. child core facility or a public hcnpitcl cs defined in Dallas City Code Section 6-4../ / //.' /;;1' '. //" /' f' r: r.»,.' /;;4-!-,.." ~../ ).::(:;,!/;t.j:~/'" / 08/10/ '==='---_ 11-4JO This survey was performe<l to- an crccnct-mecscremeot certification. All improyem l"lt:l may not been :lhown as existed at the time of ~r...ey, Research of pecteeted properties included a seorcb 01 approi:;.ol district records, parole evidence of the ownerimonager and a phy.ljcaj Inspection on the 9fOl,md, Reejistered Professi9'ri'ol land Surveyor 16JO SURVEYING ASSOCIATES 1018 S. Bed<ley, Oolh;H). Tx Phone: (214) fa~: (214)

104 Exhibit B A (Corner of private school campus) Commercial buildings with entrances closer to, or approximately the same distance from, the protected use but on which alcohol sales would be permitted without a variance due solely to being part of smaller Dlatted lots Approximate distance from Point A (nearestcornerofprivate school property)' Buildina B 425' Building C 584' Bulldlnq 0 (multiple lease spaces) 700' Buildina E (rnuttiole lease spaces) 787' Bulldlnq F (lias station/convenience store with alcohol sales). 1,043' Basemap from Dallas Central Appraisal District (DeAD) website. Approximate building footprints obtained/overlaid from Google Maps satellite view. Approximate measurements obtained by interacting with 'Measure" feature on DeAD Property Maps. Central Market lease space (G) Survey measurement of entrance to Point A (nearest corner of private I school property) 1,447.7'

105 \ Exhibit C Portion of School Property affected by variance request (w/in 300' of Shopping Center Tract)