Also on Tuesday August the 2nd 2016 at 1 0 7 p.m. I
apologize for the late start.
Moving on to our first item on the agenda, citizens
comments on consent
agenda items. I see we have one card to speak on consent
agenda item 4B. Brian
Bentley if you'll come and state your name and address and
your time will
begin.
Council my name is Brian Bentley 2528 Jamestown Lane, Dent
on, Texas 76209.
You'll have to excuse me I'm on a new medication and I have
a very dry mouth.
That's okay. Is the mic on? You might pull it. There you go
. There you go.
Thank you Brian. I'm gonna ask council to pull item 16902
off the consent
agenda and I'm going to be specific on two reasons for that
. I'm a member I got
an email actually from the Denton Beekeepers Association
because I have
four beehives and then I noticed there's a change in this
code according to dogs
and the first problem is is the notice the public notice is
not correct for the
actual ordinance itself. The notice says it's going to be a
30 day change to 30
30 days but the ordinance is 30 business days. Well if it's
30 days on the notice
but business days when I count up business days that ends
up being about
42 plus days give or take holidays. So 42 days don't match
30 days in the notice
and if if they really intended for 30 days in the notice
then they should have
posted it for 20 business days. So the notice is not
correct on the amount of
days that this change in the ordinance affects. The next
thing is the definition.
They're changing the definition of enclosures. When I read
it I read it three
or four times I'm college-educated I thought what in the
world is this saying
and then I thought well are they trying to say that you now
have to have a fence
inside of a fence like we do with swimming pools where you
know your
backyard fence is not good enough and now you've got to
have a fence for the
swimming pool. Couldn't understand that it doesn't say
whether it has to have a
roof and then I noticed it only refers to the only animal
that is controlled by
this enclosure is a dog and I'm like it says keep children
out well keep dogs
out that's what it says and I'm like well what about cats
other animals what
what's the purpose here why is this ordinance specific on
just dogs only and
then it says no adult can enter the enclosure and I'm like
how in the world
am I going to take care of the dog how am I going to clean
the kennel what's so
this definition is so vague you might know what you're
talking about today
about this definition but five years from now will people
know what it was
intended to say because it to me it says a bunch of mush so
I've always been
taught that people read on a ninth grade reading level that
's that's what our
society reads on well therefore we need to keep the
definition simple because if
you want people to adhere to city ordinances the average
citizen has to be
able to understand what that ordinance means and what it
says so what the
definition is trying to say and what it should be rewritten
to say is that
electric wireless invisible fences are not permitted under
this ordinance keep
it simple that's all I have to say thank you thank you
thank you okay moving on
to agenda item number two which is request for
clarification of agenda
items listed on the agenda for August the second 2016
councilmember Gary I
had previously sent a request to pull consent or doing are
pulling consent
agenda items right now yes yes I had previously sent a
request to pull item
C and item G and I realize now after hearing the speaker
that I got that
wrong I wanted to pull item B regarding the beekeeping
ordinance and I'd like to
pull item G as well and when you and when you say pull you
mean to have those
for individual consideration thank you no B and G yeah B is
in boy the staff
would also like to pull consent item for day as a dog okay
we've had enough
public input that that's going to force that issue to a
public hearing and so we
need to move that off based on notification also consent
item 5c as in
cat council heard that particular issue yesterday and we no
longer need that on
the agenda okay and then also on public hearing 6a is an
apple the applicant has
requested to move that to August 16 okay now is that an
attorney can we do that
sort of here or do we go out and open the I think it was a
public hearing do
we open it the continued public hearing and then continue
it or how do we do
that what's the process what we would need to do is pull up
this item as it
appears on the agenda in the open meeting the public
hearing is open yes I
don't know if there will be any speakers who might want to
speak there could be
and I would encourage that we allow them to speak if they
are present but the
applicant has requests that we continue this until the 16th
so I would encourage
that as well okay all right thank you yes customer was me
hold on this is under
our closed session work session item F and with the city
attorney explain why
this is under closed and not open yes ma'am I will be glad
to address this we
have posted this item as consultation with the city's
attorneys and with
particularity we've posted it to address ethics matters as
they concern
particularly provisions of the Denton City Charter it is my
opinion that this
is a proper posting that is properly discussed in closed
session and that it
meets the requirements of the open meetings act certainly
it's the
discretion of the council if you choose to waive attorney-
client privilege
anything that I might tell you but that's your prerogative
I believe the
posting is accurate thank you
councilmember Gregory thank you mayor I was wondering I don
't want to pull it
for individual consideration but but consent agenda item a
if we could have
someone on staff just highlight the the decision for refund
ing from four point
three five percent interest down to two point zero eight
percent interest how
much money we're going to be saving and the early payoff
would you like for us
to do that now sure okay like to call on Chuck Springer our
director of finance
thank you in terms of this refunding we're saving about
three hundred and
seventy thousand a year over about twelve years it goes out
to about five
point two million in terms of total savings and again with
this we're also
in addition to the savings from the lower interest rates on
the refunding
we're taking out the remainder of the existing revenue
bonds of the city that
are currently outstanding and by doing that we're freeing
up some reserve funds
we'll free up in the electric fund about five point nine
million seven point five
from the water utility and four point four million from the
wastewater fund
reserve funds and construction funds that are required to
be cons required
liabilities of the city that are freed up by the refunding
of all the
outstanding revenue bonds so the refinancing here is not an
effort to
extend our debt for an extended period of time to push out
the application but
simply to save money by refinancing at a lower interest
rate. The debt is at the same term that it is now we're
just we're
refunding to the same term it matures at the same time it's
just lower debt
service payments each year during that term. Well thank you
very much for the
continued effort of your department to find ways to to
refinance on a regular
basis in a way that saves the taxpayers money and that fre
es up some of our
ratepayers money and that frees up some of those funds that
are that are in the
utilities departments. Thanks a lot. Yes, Councilmember Br
iggs. Oh no not. Oh right.
So back on the consent agenda item B the beekeeper
ordinance so the gentleman
spoke and he had a couple of suggestions on the 30 days 30
business days and a
definition I don't I don't know if the definition was about
dogs with or bees
is there any way that that ordinance can be changed by the
time we have meeting
tonight so we can or if those do need to be corrected. Let
us address that if we
might I do have Stephanie Barry who has assisted in the
drafting of the ordinance
along with the police chief. Okay. And Stephanie if you
would assume the
microphone please ma'am and address those two points. I
agree with Mr. Bentley
that the original dangerous dog ordinance was a two-day
time period two
business days and that's what it said and that is just
leaving business in
there as a typo that absolutely needs to be taken out. We
had a situation where a
little boy that was ten years old was walking home from
Woodrow Wilson he was
attacked by a pit bull on the public street and the father
of the little boy
didn't get the the incident followed in time because it was
an attack on a
person state law also addresses that so we were able to
address the attack of
the little boy under state law had that been say that pit
bull had gotten out
and killed someone's dog while they were walking down the
street there's not a
provision if another animal kills another domestic animal
while it's at
large so a person had been walking their dog on a leash
down the street near
Woodrow Wilson Elementary School and that dog had killed
the person's dog they
would have been without remedy so in the situation of a
person there's also a
health and safety code provision but I actually think it
would be clear I agree
with them that the business needs to be removed and it
should just be 30 days as
far as the definition we are trying to address the the
issue of invisible
fences and and mr. Drake and I went back and forth about
what that should say
Plano and Irving also have a similar definition it's worded
different they
don't say invisible fences are illegal it just basically
gets the message across
that offense has to be physical and so I don't know whether
you all think that's
clear or not but the problem with invisible fences is of
course it doesn't
offer protection for your own animal for another animal
coming in and attacking
it but it also doesn't offer protection for say a small
child or another animal
going in to the area and sometimes it's hard to tell where
the property lines
are and for you know a child was cutting through an area
whether there's an
invisible fence but that is trying to address that issue so
obviously we could
change that definition if you all feel like that's unclear
the bottom line on
the definition is this this particular provision and this
change to our
ordinance is as a result of a situation that occurred in Ro
bson Ranch and there
was a dog that was killed by another dog that entered into
an area that was not
otherwise enclosed by physical enclosure it was only restra
ined by an electronic
enclosure resulting in the death of this dog so this is our
attempt to address
that particular provision certainly as it concerns the
change in the days we
can we can do with a struggle with Penn we can make that
change so that change
can be made tonight the enclosure definition is something
that relates to
the situation I've described with particularity and so that
's what we're
trying to address but as far as the second part of it about
the bees
everything is okay and that part that's being added is that
well I requested
that it be pulled the whole thing yeah the whole thing
because it's included in
that item okay and I'm back to councilmember was nice
question about the
closed session there's a we've had a few emails requesting
that the agenda item F
be removed from closed and into open so I'm just clarifying
here that council is
an agreement that it stay enclosed is that what
Councilmember was I'd recommend kind of a two-step two-part
that if we feel a need
to discuss enclosed and if there is an opportunity to move
into open it's at
council's pleasure I might just make a suggestion I do have
and it is strictly
legal advice that I want to give to the council with regard
to this matter that's
posted after providing that legal advice it may be that the
council desires to
bring forward an open work session and so if that does ens
ue we could post a
work session for a later council meeting but certainly
councils call I will need
to see a waiver of attorney-client privilege if you want
this an open
session I can't say if I would prefer this to be open or
closed you know when
I when I read it and it says discussing policy it appears
that we ought to have
that in an open session but I don't know why it's on here I
don't know what it is
that we're going to be discussing so always policy
decisions need to be
discussed in an open session decisions need to be made in
an open session but
it's also best to get our legal advice in the closed
session so it's hard for
me to say if I wanted in an open session or not I don't
even know what we're
talking about in here specifically what advice we're being
given but if we have
the option of coming back into open session and having a
policy discussion
after we get our advice I think that would be fine that
works with that I
mean is that I think you had cast it as coming back at a
separate date but do
closed session postings let's say for instance on this
example if you give
your legal advice and counsel wants to discuss that are we
unable to go into
open session today about that because of the the posting
two things one I will
need a waiver of attorney-client privilege because this is
your
privilege not mine to go into open session secondarily any
discussion would
need to be strictly within the parameters of the posting in
order to
meet the Open Meetings Act so we could not exceed if I can
the cartilage of the
of the posting itself and so that's all we could discuss we
would not be able to
go into wider latitude than what you see in this very
posting that's why I
suggest to you that after you receive your attorney
briefing it may be that
you want a more broad posting so that you have some
latitude under the Open
Meetings Act to discuss whatsoever you choose under a
proper posting because
otherwise you're going to be strictly constrained by this
particular posting
so all right so then my understanding is if this council
decides to forego the
closed posting and discuss in open session what your the
legal advice you're
wanting to give us you would need a waiver of privilege by
all of us and
four of you four of us okay and then we would be excluded
from going
beyond the posting as far as discussing if they were policy
issues even in open
session just going beyond the bounds of the posting even as
it regarded policy
correct you're still constrained by this posting all right
okay there yes then on
that also I would just like to say if we were to have an
open session I would
like to see what we're going to be discussing see some
backup on it so I
so I can be prepared rather than having to go search out my
notebook with all
of the ethics stuff and not having any idea of what's going
to be discussed I
think it would be fair for folks to know okay and I'm and I
'm open to having any
discussion we want to have I just like to know what we're
going to be talking
about so I can be prepared for that discussion well I guess
the question at
hand then is do we proceed with the closed posting as it's
presented simply
under legal advice as explained by the city attorney is
that yes councilmember
here first of all I would like to acknowledge that attorney
Burgess just
use the word curtilage which is I have not heard in
probably 15 years I'm very
impressed with that use I've been practicing law for almost
40 so that's
amazing the second thing is that I'm actually comfortable
with a waiver in
this situation just because I think we are going to be
receiving legal advice
regarding the ethics policy I understand that at the same
time I think probably
the public should know where the City Council stands in
terms of what we can
and can't do with an ethics ordinance because otherwise I
don't know how they
would know that if there's a way around I mean if there's a
way to get that
information out there without you giving us legal advice on
this particular
matter publicly then let's do that but I just don't see how
the city how the city
population would know about it if it wasn't held publicly
that's my concern
there's there's one other possibility you can hear my
advice my legal advice
to you this evening weigh it and then choose whether or not
you want to come
back in an open session and have me disclose that legal
advice to the public
so that's the other possibility
may I pretend I'm sorry yeah not to recent application of
that is when we
went through several iterations of our gas drilling
policies in which there
were similar concerns public interest in understanding the
context the legal
context within which the city could act and so we met with
our attorney to get
the feedback and even had some real directives to our
attorney saying these
are the sorts of things we'd like to provide to the public
thank you we even
had a whole session on the legal framework of that so that
they can
understand so I I think that's a good point and I think we
have avenues for
that okay so then it's my understanding that we will
proceed with the closed
session for legal advice only and we'll post it for a later
work session if the
council so chooses to disclose that legal advice in the
context of policy
discussions then we have the latitude to do that is that my
understanding all
right okay yes councilman Wasney just clarification on the
closed session I
don't know not closed session consent agenda on the D the
international energy
conservation code that we're moving into a public hearing
so just
clarification I know we've got to post public hearings so
that it won't be
tonight it will be at a later date when it's posted just so
the public is clear
because I know we have several members of the public who do
want to come in
and speak on this item and why we have that scheduled I
believe is for August
16th okay good August 16th thank you all right any other
questions or
clarification for the consent agenda or the agenda in
general seeing none all
right thank you moving on to agenda item three which is
work session reports work
session three a's receive report hold discussion give staff
direction
regarding nominations to the city boards and commissions
thank you mayor our city
secretary Jennifer Walters will be handling this item of
course good
evening mayor and council or it's not really evening yet is
it all right we'll
say afternoon it's better than saying good morning in your
packets today or
over the weekend you had a board and commissions nomination
sheet we've had
some additions to that so at your places today you have a
sheet that says
revision one in the right hand corner and unless you have a
different way you'd
like to do this I would suggest we maybe go board by board
and see if anyone
would like to add anyone else as we go along and I will
attempt to read these
names some of them I might not do so well on so if you're
listening and I
mess up your name I apologize ahead of time so for the
airport advisory board
we have excuse me councilmember Wasney is renominating our
Weinstein
councilmember Hawkins is renominating Martin is that manja
manja manja like it
looks councilmember Gregory is renominating Pete Lane and
mayor Watts
you have a nomination yes that will be forthcoming forth
coming okay he's
everywhere yeah we have lots of work to do in the shelter
advisory committee
mayor pro tem Broden yeah I have a nominee Naomi wood Naomi
would okay
thank you councilmember Briggs has nominated Jessica
Jackson councilmember
Gregory has renominated Nancy Kimmy and councilmember Bagg
ierre has nominated
Anne Sullivan community development advisory committee
mayor pro tem rodent
I'm nominating Kayla Stewart okay thank you councilmember
Wasney is renominating
Scott Roselle councilmember Gregory is renominating Val
Morgan mayor Watts
yeah I've reached out to the incumbent haven't heard back
yet so I won't say
forthcoming okay and there are two all positions which
anyone can make a
nomination yes well I noticed in our backup material that
both of those were
returning and willing to be renominate we put forward so my
suggestion unless
there's any others is I think I'd like them to continue
serving if the
pleasure of the council okay it's a
Randy Skinner and Jody Vickers Nance thank you yes health
and building
standards councilmember Briggs has nominated David David M
ullen moving up
from an alternate position councilmember Wasney is nom
inating Matthew Jen Dusa
did I get that right councilmember Hawkins still looking
okay and then
councilmember Briggs is also nominated an alternate Curtis
Millett and there's
one other alternate position if anyone has a suggestion
historic landmark
Commission councilmember Briggs is renominating Daniel Bus
sell close not
even close mayor Watts
okay and then there's an all position does anyone have
anyone for the all
position is that a returning there is Scott Campbell is
historic landmark
Commission is that way yes we're a historic landmark yeah
Scott
okay all right human services councilmember Briggs has ren
ominated
Pamela Barnes councilmember Hawkins probably the incumbent
but we have a
scheduled conversation to be had here and then we have two
all positions
councilmember Briggs has nominated Ryan Appleton and then
there's one other all
position no yeah I would put forth the name of Sam Ortiz
all right yes I'm sorry they put him in and again just for
the sake of with
these all positions can we clarify it whether those are
folks are there
returning folks in those spots that are interested in
continuing to serve I just
hate to replace someone who's never had a conversation I
haven't looked into the
notebook it sounds like councilmember Briggs has that whole
list yeah I I do
but I have why I the names on here are Jane Upshaw and
Hannah Garcia are they
eligible for reappointment they are oh well I would I would
rather leave them
in and then okay well then that's gonna move my nomination
to my seat okay so
you want to take out Pamela if they do not allow yeah okay
take out Pamela and
we'll move Ryan to your spot so we still have the two all
positions you want you
want to just put those in the incumbent I would come but
okay I hope Jane can
read this when I get done library board councilmember Was
ney is renominating
Barbara Hallbert councilmember Hawkins is nominating Sarah
Gamblin new and then
mayor Watts
parks recreation and beautification board councilmember Br
iggs oh I'm sorry
just had a question I didn't see Sarah Gamblin's
application in here did I miss
it or did everybody else see it did she come in City Hall
and apply you know
we've been getting a lot of them in I can't say for certain
without digging
around through my book but what we do councilmember Viguer
re is that if we go
through the nominations and they're not for some reason
eligible then we'll let
you know but most of the time there they're okay we
research it before we
finalize it thank you okay back to parks board council
member Briggs I'm not quite
ready okay councilmember Wasney has reappointed Maria Ren
ner councilmember
Hawkins is reappointed Paul Leslie and then councilmember
Gregory not ready
okay planning and zoning Commission councilmember Wasney
has nominated
Steve Sullivan councilmember Gregory has renominated Jim
strange and councilmember
but Gary has nominated Marjorie Ellis public art committee
mayor pro tem
rodent nominating Susan Vaughn Vaughn as in V Vaughn she
has an application so I
make sure I heard you right councilmember Briggs is nom
inating Joe
Duncan councilmember Roz what Rosny was knee is nominating
Aaron clique
councilmember Hawkins is renominating Frank Mayhew and
Mayor Watts Jerry
Peter obviously Jerry Peter she's your turn yes public
utilities board
councilmember Wasney is nominating Alan Bishop traffic
safety Commission mayor
pro tem rodent Daniel Krick is currently on that board and
and I'm going to
renominate him okay councilmember Briggs is nominating
Cody Robinson councilmember but Gary is nominating Michael
Hennan zoning board
of adjustment councilmember break okay councilmember Briggs
is nominating Amber
Brighill councilmember Gregory are either of those two
alternate positions
eligible alternate yes Marshall Oh Marshall Sir it would
love to move on
let's move let's move Marshall into my spot please
okay so then we'll probably have three alternate anybody
have an alternate I
have a suggestion Don Markey murky murky on murky okay he
has an application and
requested this position okay and that's as an alternate mm-
hmm okay all right so
what we'll do is um if chain can read my handwriting up
hopefully she said she's
going to be watching so she'll know she'll have it all
written down but we
will revise this and have this at your seats up in the
council chambers and we
get to that item then you can vote on these nominations and
then if for some
reason someone doesn't pass their initial qualifications we
'll let you
know this will be on your agenda again on the August 16th
where I know that all
these blanks will be completed all righty any other
questions on that agenda item
seeing none thank you thank you Jennifer moving on to
agenda item 3b receive
report and hold discussion give staff direction regarding
the community event
center project Jessica Rogers our assistant to the manager
be doing this
particular item before we get started I wanted to ask
everybody it seems in light
of some things that have you know different correspondence
will receive I
know the last slide is for the I guess someone from the
police department to
address some concerns is there any problem with hearing
that slide first
just so that we can sort of have a context of that I mean I
've been asking
for this for about five months I think and so if y'all
would rather not do that
we'll keep it in line and then also I think we had a
request to speak as well
is if I'm not is that correct yes and so that's okay with
me I think we've been
giving people is it three minutes or four minutes Jennifer
and so council's
pleasure whether that is before Jessica's presentation or
at the end any
any particular the presentation by the community market any
particular thoughts
on that I'd like it at the end okay okay okay any other
thoughts Councilman
Gregory what I asked for is thoughts and observations about
the police
department questions or concerns are the last slide in the
presentation and given
that there's been some discussion about that recently via
email and all these
kind of things if that was something that I mean I would
like to hear that
probably first just because I asked for but that I don't
have a whole lot of
heartburn if we don't but so I put it out there for some
input okay we have one
that would rather be sure okay then I'll just let the chief
yeah and then you'll
just yes that's right and then we'll skip right over his or
his slide chief
are you presenting okay
did you want me to just present our statement of our
position on it or did
you want to ask me some questions well probably both I mean
whatever you would
have presented at that slide okay slide came up and then I
'm sure there may be
some questions and things such as that yeah okay great well
I don't really have
a formal presentation to add to Jessica's slide or anything
or any pictures I
I'm sure the reason I'm up here is that we have voiced some
concerns about the
whole project being located on the exposition lot and let
me say it up
front that I'm not I'm not at all opposed to the community
market thriving
in Denton I just don't feel like the exposition lot is the
best place for it
and certainly the plan to go forward as an event center
really complicates it
for us on a number of fronts so to outline those and one is
parking issues
we're already obviously City Hall East generally is already
feeling the impact
of parking issues around the building DCTA I think is
ridership has exploded
to the point that you know it takes up almost the entire
railroad lot railroad
street lot and spills over into our lots down toward the
east and also on to the
exposition lot itself during the day I understand the
ridership is low on
Saturdays and so that alleviates some of that concern but
parking is generally is
all is always I think going to be a growing concern for a
number of reasons
we we still have 10,000 square feet with under the roof of
the City Hall East
that is designated for police facilities that's completely
undeveloped so you know
as we continue to grow through the years we're going to
need more and more
parking spaces and that's just a given with the city growth
there's a lot of
other future pending development surrounding us that we're
not unsure of
we have yet really to see the full impact of the rail yard
project on
parking and then there's another there's been some
discussion concerning the
variance there that was given on the D tip stipulations
there's the the mini
warehouse property that's to the immediate east of us don't
know I know
that's recently sold that could become another multi-use
development the Austin
Baker business building has been vacant and understand up
for sale for for quite
a while now so we're not sure really what all is going into
there so I think
parking and the second point which is sort of related is
traffic congestion
generally our concerns that are going to continue to get
worse and around that
neighborhood the traffic congestion I haven't really had
the opportunity to
detail this one and I want to say to I brought up these
concerns a couple of
times already once in the in the event consent the event
center committee
meeting in late May and then outlined them briefly in the
council meeting that
we hosted at the Police Department on June the second and
the concerns today
are relatively the same but they're a little bit different
now touch that on
the last one but the traffic congestion you know bringing
crowds of people for
any reason into the area again in an into a an area that is
going to continue
to develop is just going to compound that again and I know
everybody all over
the city is experiencing traffic congestion and issues and
we're not even
under construction right at the moment but you know for
when you put that in
terms of the business that we that we conduct there at the
police station in
terms of emergency vehicles coming and going not only our
vehicles but EMS
responding to the city jail for at time to time to our
lobby from time to time
the the traffic congestion right there on Hickory and the
access and egress to
City Hall East is already a little congested for a number
of reasons when
you think about going westbound on Hickory Street we have
to cross two
railroad tracks and in a red light at Belle Avenue with the
DCTA traffic and
other vehicles during the day and sometimes at night you
gotta understand
those DCTA buses stop at both railroad tracks if there's a
train across there
we could be delayed and completely blocked from from
exiting that area for
several minutes so sometimes just to go from the building
to Belle Avenue can
take several minutes itself so that leaves the alternatives
of going out the
north side which is frame Street to McKinney that that exit
there is
somewhat dangerous if especially during high traffic times
on McKinney
Street if you're trying to turn left or or to the west on
McKinney so it's not
always the best way to go either so then if you try to exit
that area going
eastbound on Hickory we have the the obstacle of getting
around the county
facility which is just six blocks down the road which means
you have to go back
out to McKinney or go around that on the Woodrow which
takes some some time and
then if you try to exit to the immediate south and go to
Mulberry you have to
navigate around Fred Moore Park or you have to then cross
the railroad tracks
again and hit another red light at Mulberry and Belle
Avenue so the
location itself of City Hall East presents a lot of
navigation issues just
coming and going and why is that important obviously we
have to our
officers have to come and go from the police department all
day and all night
long a number of times during the day and so oftentimes we
're responding
directly from the police station we try to keep units in
service all over the
city all the time but there are also a lot of reasons why
the officers are
having to respond from that area. Building security is the
third issue
third major issue. Employee safety, fleet integrity, access
to the jail I've already
mentioned a little bit you know the police station is
supposed to be a safe
haven for people there are victims of crimes and witnesses
who sometimes are
reluctant to to even talk to the police much less come to
the police station and
inviting crowds of people into the neighborhood is going to
inhibit that a
little bit as well there's no there's no safe secure
entrance anywhere around
City Hall East for employees or the citizenry you know
other there's other
things that occur there child custody exchanges number of
things that draw
people into the police department where they can they would
they would like it
to be more of a private issue rather than something that's
that's witnessed by
a bunch of people or have people out milling around the
street so you know
we're in a congested area already and to address some of
those concerns I did
submit in the budget this time I this for this for next
year a proposal to
improve parking lot security surrounding the the the police
department in
particular the north or the what we call the back lot which
is where all or the
majority of our fleet vehicles are parked and stored and
the patrol
officers come and go many of our other about two-thirds of
our employees during
the day come and go from the backside and all the employees
who work on there
are about those same two-thirds parked their personal
vehicles back there a lot
of the time as well if you look at modern police
departments that have been
built or designed in the last 10 to 12 years you will
generally see that
employee and fleet parking lots are controlled and secured
with some sort of
fence and closure and gate and it's just a matter of modern
-day security and then
the last the last issue really is the idea of just
engineering a place
directly crossing the police department where mass
gatherings can can occur and
there's a number of reasons why why in the best case
scenario a police
department wouldn't be in a neighborhood where you where
you have
incorporated that into the neighborhood it's not that we're
opposed to those
things but it does it does you know concern us the issues
of noise of
crowds you know coming out into the street you know I'm not
sure we fully
address the idea of what kind of events might come to this
location but there
are you know the idea of amplified sound on that parking
lot is a problem for us
not only if we're conducting something in the training
center but the 911
communication center is directly in the corner of City Hall
East on the building
that faces that side of the parking lot we've done a few
few really rough tests
on sound and coming from that location and you can hear it
inside it depends
on how loud it would be as to whether it would
significantly interfere with
anything but that that is still an issue again if events
were to come in there
where alcohol was served or consumed you know that
certainly is an issue
directly crossing the police station and I and I can't I'm
not certainly not
trying to take advantage of the recent events but you know
say in Dallas and
otherwise and in the scrutiny and violence and that's been
directed toward
police but and police stations but police and police
stations have become
targets so and there's no disputing that so just the idea
of bringing in the
potential of uncontrolled crowds for whatever the event
might be directly
crossing the police station is a concern for us so you know
I think I think just
you know let me I'll sum it up because I know this wasn't
really planned as part
of the presentation but you know I think I think we have
found ourselves in the
path of a lot of growth which is a great thing for the city
but from my
standpoint and looking out for my employees safety and well
-being and the
operations police department I have to concern myself with
managing that growth
and being able to make sure that we have not created a
situation that's going to
cause us problems because I understand you know the plan
that I've heard
mentioned many times is that as some departments vacate
City Hall East that
it will become the police courts facility and that we're
probably going to
be there realistically for 15 to 20 years now that may get
interrupted
because the the property may become more valuable for the
city to sell it to a
private entity and we move but you know we're we're being
we're being surrounded
now through through that growth and that's a good thing for
the growth but
it's a bad thing in terms of location the proximity to the
police department
and so I think we may just find ourselves that you know in
a in a good
good and bad scenario at the same time and and if we were
to continue to lose
control of parking lots and parking spaces and and building
security and
that sort of thing without further enhancements then I
would probably be
coming back to you suggesting that we'd start looking for
an alternative
location for the police department which would be in a very
expensive endeavor
so I'll stop there and be glad to ask ask her an answering
question it cuts my
mayor pro tem wrote thank you chief I appreciate your
candidness with us and I
know we've talked offline as well and I appreciate that and
your last point is
something I want to get on talk about a little bit more and
when we worry about
inviting crowds into that neighborhood and additional
parking issues and
additional traffic my particular kind of wish for that area
is that that
industrial space that's underutilized in some cases just
plain vacant turns into
a very vibrant area for redevelopment which means this is
only getting worse in
terms of those issues parking congestion traffic gobs of
people I mean if it's
successful that's what we want to see there's a lot of
people walking into
that area in and out so as we think about this long term
and not just this
because we're talking about really if we're just talking
about the market
we're talking about a few hours on Saturdays when most
things are closed
down there City Hall except for the police department's
closed down no one's
taking the train really on Saturday in the same way from
commuters so it makes
me wonder from a longer term perspective from the police
department's
perspective is the real issue here that the police
department's in the wrong
spot because I again to say we're gonna halt all
development in that area
because of these concerns concerns me as well has there
been live
conversations in the city thinking about a new spot for the
police department
because of these concerns no I have not been involved in
those since I've been
here for almost five years now we have discussed we have
discussed building
security number times and some other issues in the imp
ending growth I have
been asked many times about the railroad tracks and that is
an issue and has been
an issue since day one obviously but and but I have not
been involved in any
discussions about relocating the police department until
now.
Thanks.
Councilmember Weisen.
Is it true that you have an additional 10,000 square feet
to
expand and grow in that present location?
Yes.
And what is a monetary investment in the current police
training facility to date?
It's been a little over three and a half million dollars
invested in the
development and equipping of the training center.
So we've invested a lot of money and time in this present
facility.
The landscape has changed in the last 12 months from the
time this came to
council.
We didn't change it but it was changed for us and our
officers are now targets.
They are being murdered.
Nobody wants to use that word but that's the
hardcore truth.
Our police stations are targets.
I think long term an event center attracting large crowds,
yes or no, would
put officers at risk and put our police station at risk.
Your job is to protect our men and women in uniform.
Does that compromise their safety?
That's one of the issues that if not the largest issue that
we're concerned with
is just the assemblage of crowds regardless of what reason
in proximity to the
police department.
So my point is we didn't have a lot of this in the news and
it wasn't happening
a year ago.
It is happening now and it has to be part of the
conversation because it's a
very real threat that law enforcement has right now and it
has to be a part of
our conversation as we move forward.
>> Councilmember Hawkinson.
>> Thank you, Mayor.
Thank you, chief.
I know safety is definitely the number one concern but then
I wanted to talk
about parking a little bit and I know in June you had spoke
a little bit about
the training program that's going on there and how that is
starting to grow.
So can you speak a little bit about that and where I guess
they're not customers
but other police officers are coming in to train.
Just that happens on the weekend or the number of people
when it happens, that
kind of thing.
>> Yeah, essentially we're training thousands of people
there over the course
of the year and it's still growing.
It's still really in its second complete year by the end of
this year.
We are conducting our own basic peace officer academy which
runs twice a year so
that takes up a lot of space there and we're having a
growing number of people
participating in that.
We're able to conduct that and put our own folks through it
for a big cost savings
because we do charge other agencies to come to that.
We also charge other agencies to attend other classes there
and so we're
in operation in the training facility.
This right now is sort of a downtime during the summer but
we're in operation
there with anywhere from 50 to 200 people on any given day
during the week,
almost year round and then there are classes and events
that occur on
Saturdays.
We do have a couple of classes that occur on Sundays also.
But there are few and far between.
There's a lot of meetings there, public meetings at night
times throughout the
week.
So it's a very vibrant place itself and we're a big
consumer of the parking around
that area.
Not only the exposition lot but both of our parking lots
and all up and down on
the on street parking as well.
>> So is parking an issue already right now?
>> Yes, sir, it is.
Yes.
>> Okay.
Thank you.
>> Thank you for advocating for the people that work in
your department.
That's important and it's important for us to hear.
When we had our first ad hoc council committee meeting on
this back, I think it
was December 11th, it seemed like the main discussion at
that time was staff
talking to us, you were there, talking to us about the
parking issue and that you
needed to have a minimum of 80 parking spots.
And we heard an inventory of all of the parking in the area
and the kind of events
and the kind of growth that we're expecting to see.
So we've gone from the plan from 80 spots to I think about
133.
If this did not come to pass, the having the community
market and the event center
there, there might even be room for maybe 10 more parking
spots.
So from 133 to 143.
Is that going to be enough parking for you?
If you're talking about being there 10, 15 more years, is
that going to be enough
parking?
For 10 or 15 years I would doubt it, to be honest with you.
It's hard to predict again the impact of what's coming in
around us anyway.
We do have to rely on some of those spaces for our occup
ancy certificate for the
training center and that's mainly the handicap spots or the
ones that can't go
away.
Any additional parking in the short run would certainly be
appreciated and could
accommodate what we're doing there on a daily basis, but I
don't know how long that
would last with the growth.
When I heard your presentation, you were talking about item
number two, which is
basically the mobility issues of getting to and from the
police station, dealing
with the traffic on McKinney Street and the issue with the
railroad track.
It seems to me that all of that was saying this is probably
not the best place for our
police department.
When I hear you talking about the whole security issue, the
back parking lot, the
fact that there's actually a through street that runs right
through the middle of it,
I'm thinking maybe this isn't the best place and while we
've invested some money
in this, do we need to continue to invest money?
What I hate to see is that we make a decision to move the
community market and
the event center to another location only to have the
police department come back
in a couple of months and say we really need to move.
We've really got to move.
That's the only choice that we have.
Do you see a way forward to operate the police station
where it is for the next 10 to 15
years, anticipating that there's going to be, most
certainly there's going to be more
development, whether it's apartments or more businesses or
some other type of enterprise
that goes on down there.
Is that a viable location given all of the issues that you
've already pointed out?
Without being able to look into the future any farther than
I can, that's a real difficult
question to answer.
I think we were prepared to do that and make the best of it
.
But I think that idea hinges considerably on not enhancing
or encouraging more parking
issues and more traffic congestion as the years go by.
I think the growth is coming that way anyway.
Like I say, there's no telling what's going to happen
between on Hickory or McKinney,
especially Hickory Street.
I mean McKinney doesn't really affect us so much, but what
happens right there within
about a two or three block area of the police station from
Bell and really all the way down
to the courthouse in the future, that could considerably
change the traffic flow and all
that.
So to say in the absence of, I mean with just additional
parking spaces, I don't know that
that, I think that's a short-term answer at best for me to
say that we could make it work.
I think space-wise and existing potential parking
immediately around the police station,
if we could sort of plant a flag in that at our disposal
indefinitely, and I think there
would be, it would be a workable location.
But if we're going to, if we encourage the growth to come
and we start giving up real
estate, then I can't make that, I mean I can't say that we
could be able to stay there for
indefinitely, for the 15 to 20 years as it might be planned
.
- Councilmember Wiseman pointed out the fact that we've
already invested some money into
that and that there's certainly more money that can be
invested into that facility because
there's room to grow.
But I would just be concerned that that may not be the best
place to grow.
I don't think that anybody in the community is interested
in asking Denton's Finest to
just get by in the current location, you know, in one sense
.
You guys, the men and women of the police department, lay
their lives on the line for
us.
We could do something in return.
A couple of years ago, we had not had anything on our radar
screen regarding the condition
of our fire stations.
We hadn't had any discussions in any bond elections and any
long-term planning, and
then we go on a tour and we see those.
And very quickly, we figure out a way to put money in to
start rebuilding some immediately
and then have a bond election that the citizens
overwhelmingly passed to upgrade all of our
fire stations.
All I'm saying is everything I'm hearing from you suggests
that as we're doing a long-range
facility plan that we're going to hear from in October,
that we're going to have to look
very carefully at the location for the police department.
And that's probably barely in the posting.
Because we're talking about the convention -- we're talking
about developing a piece
of property across from it and how it would impact the --
yeah, how it would impact the
police department.
But I really want to seriously hear, because I personally
feel like that we were fairly
deep into the process of planning this particular facility
for the community market and for
other events before we really got the full impact of the
concerns that the police department
had.
Why that took a while is not the issue for discussion today
.
The issue is where do we go from here, how can we learn
from that so that we can not
get caught up short again.
So to you and to our city management, I think we need to
look very carefully at as to whether
or not in the long run we need to think about a whole new
police facility in a different
location to address the concerns of safety, to address the
concerns of growth, and to
certainly allow that neighborhood around there to grow as
we expect that it would be growing,
as we would hope that it would be growing.
So I learned some new information today with your speaking.
So I was aware about the parking issues that had been
brought up a year ago and kind of
had been taken care of from what I understood.
And then at the police training parking came up again.
So I heard about some different issues today.
And when I look at all of these, I still think as far as
Councilmember Gregory says, if the
market doesn't go here, these issues are still going to be
here.
These issues are going to remain.
So I am also in that we may need to be looking at a
different spot, but that's in the future.
So we need to see what we can do now.
For the parking, is it possible to make that area a
designated lot only to allege some
of those concerns of others parking in that?
Would that help?
That would help, yes.
I mean, you know, there's, well, yes, that would help.
Okay.
I don't want to.
All right.
You're at your time.
All right.
So that's just my one question.
I have a lot of other things going through my mind right
now, but I just wanted to ask.
Okay.
Thanks.
Yes.
Councilmember Rood.
A couple other questions.
Again, I'm trying to get us into a solutions-oriented
posture as we think about them.
We made a decision as a body a year ago.
We appointed a council committee to move this thing forward
.
The markets kind of had this in their sights for a while,
so we're going to have to deal
with that by the end of our discussion as to what we're
doing, because I think we've
made some commitments.
So I'm trying to understand what we can alleviate through
if this is going to exist as a site.
Because if you remember back to the original discussion, I
mean, this was, we were getting
a --
If what is to exist as a site?
You said what we need to alleviate to if this exists as a
site.
The exposition parking lot.
Okay.
Exists as a site as the presentation.
As an event center.
Okay.
I got you.
Yeah.
So, you know, the great synergy about this project is we
were kind of having a concern
coming from -- or I guess it was transportation saying this
parking lot needs improvement,
and we knew a bunch of parking lots that needed improvement
.
We had a request from some folks looking for a spot to
support the community market.
We saw an opportunity to invest in something where you got
two things at once.
And as Councilmember Gregory and I think Jessica's
presentation will show, I think the ultimate
design went well above and beyond what anyone was asking
for, which was 80 spots.
So all that to say, if we were to -- I've heard some
concerns relating to these other
potential hypothetical types of events.
Large gatherings of people.
People with alcohol in their hands.
Loud music.
You know, at the advent of some of this conversation with
the community, once that got out last
year that we were expanding this beyond community market to
an event center, a lot of those
other entities, 35 Denton, Oktopia, some of these other
spots, weren't terribly interested
in that site.
They'd prefer to be more directly downtown.
So if there was a pulling back of the scope of this project
so that it really was a few
hours on a Saturday and that any other event could be
approved by the police department
or something like that, that we put decibel limits on
anything that could come out of
there in order to avoid any conflict with internal
operations or your call center.
Would doing some things like that bring more comfort to you
and your team in terms of really
having a real defined, predictable situation out there in
terms of what we'd see on the
ground that you wouldn't have to worry about in two months
all of a sudden you've got a
10,000 person till two in the morning loud concert?
You know, I'd like to be involved in those discussions if
we can go there.
You know, when the project was first presented to us, the
money had been already approved
by council and it was kind of presented as, you know, this
is a council approved initiative
and we're going forward with it as a temporary site for the
community market until they find
a better location that they can expand into with the vision
that they have.
And it's evolved over time into the event center and a lot
of unknowns for us.
And that kind of explains one of the reasons why parking
issues were just one of the things
that came up early on and that there's more now.
So you know, I'd love to be involved in discussions about
that if we can go there.
A couple things, oh, I'm sorry, Councilmember Gary, I
apologize.
Chief Powell, thank you for presenting to us today.
Actually, I really appreciate you bringing up some issues
that I had not considered,
for instance, victims coming there to make statements.
You're right, there are a lot of custody trades at the
police station, quite a few, and those
are usually the worst type of custody cases that trade at
the police station.
One thing, as I'm thinking while you're speaking, the
Children's Advocacy Center takes victim
statements for children, correct?
So we're not going to have any children victims going there
, is that right?
That would be the general rule, yes.
They should be, if they're victims of sexual abuse or just
abuse in the home, they're going
to be interviewed in the police station.
Okay, so I want to be sure, absolutely sure about that.
And then regarding the training, I went through this
presentation that Patty Hayworth made
and it had a list of, I don't know if you had a chance to
review it, but it had a list
of all of the training dates.
And I only saw one Saturday on there, so are there some
other Saturday trainings that weren't
in here?
I mean, I realize this is not a comprehensive report and
frankly, I had a lot of errors,
so I'd like to hear from you.
Yes, there was a number.
I think I provided some information a few months ago in
response to a question on that,
so I don't know if you've had the opportunity to see that,
but there are probably at least
12 or 13 conflicting events that occur right now as within
the last year on Saturdays,
during the time that the community market would be in
operation.
In addition to that, again, there's a number of things that
occur there in the evenings
and at night that could potentially be conflicted with the
events outside the community market.
And then the last thing I was going to just kind of mention
, well, two things.
First, I'm glad we're having this discussion because really
the trend nationally is for
commuter rail-oriented development.
I think you see that in a lot of different cities and I
mean, frankly, I don't think
there's any getting around the fact that that area will be
heavily and densely developed
probably sooner than we think, regardless of what decisions
we make here today.
And so I just want to impress upon everybody that that is
the trend nationally, that you
go to these areas, there's a commuter station, and there's
tons of development.
So I very much appreciate Council Member Gregory's point
that maybe, and Mayor Pro Tem's point
that maybe this is a larger discussion that we have not
posted for.
So final note, I want to thank you for making it very clear
to everybody that this is not
really a discussion about are we in favor of the market or
are we not in favor of the
market.
And likewise, it's definitely not a conversation about are
we supporting the police or not
supporting the police.
I mean, I like to think that's a given, but just from very
sincerely, I want to let you
know that I support the police more than I can probably
articulate well.
So thank you.
Thank you.
Thank you, Chief, for coming and giving us your
presentation and your candid communication.
I appreciate that.
I think there's some things that I'm going to try to say
some things with as much professional
candor as I can that I think are being asked among my
colleagues, among some of the people
in this room, and that is how did we get here?
Mayor Pro Tem, you had mentioned that we voted on something
a year ago and charged the Council
Committee with sort of vetting this out.
Well, I'll be truthful.
I mean, the presentation that we're going to see in a few
minutes, that was not anything
that I had envisioned when I voted a year ago that we were
going to have the vision
of a $1.7 million overtime phased in event center across
from the police station.
You and I had a conversation about when I heard about the $
80,000 spent on the consultant
that I didn't remember us giving that charge and we hadn't
as a council body, but that
that was determined to be in the Council Committee, that
subcommittee that we needed to have an
architect to design this facility.
Fair enough.
But my concern was I hadn't heard about that, and so that's
when I asked the question of
the police, of the chief about what are the concerns here.
So as far as this long-term discussion, yeah, we need to
have that discussion, but we've
got to look at some things right now.
I mean, we've invested a lot of money.
That has been identified as the Justice Center not only on
the 2001 or 2002 space study,
but it certainly has been that now.
I don't know how we got to this place.
There's no sense trying to figure, we need to figure that
out to make sure we don't have
some breakdown in communication or maybe we need to have
more updates regularly on certain
situations like this.
But what I heard, and so you can correct me if I'm wrong,
all right.
What I heard was your biggest concern was, well, let me
back up.
When I first considered this issue, I said I couldn't spend
that much money on just the
community market.
I couldn't justify spending a half a million dollars, no
offense to the community market,
but that was the solution.
We've got the parking lot we're going to redo.
We've got the space.
This is very synergistic.
We can provide a place for an important part of our
community because they needed some
additional space.
So this is my question.
It's like the biggest issue is this enlargement of it goes
from a one Saturday a month or
what is it, every Saturday, every Saturday week for nine
months or 35 weeks.
It goes from that to any day of the week.
And I don't know the legalities of saying how do we take a
public space and how do we
limit it to one group but not the other based upon certain
things.
So eventually we'll have to have that conversation.
So my question is this, if for instance that parking lot
was transitioned to police department
or justice center use only, all right, we did the
improvements.
We did the improvements.
And is there an objection?
And I would want you to maybe look at this, but is there a
way we can accommodate both?
I know there's been some concern about if only the
community market is there, you know,
one Saturday week for 35 weeks, that that will still
disrupt training and offer a sort
of a downward pressure on the full utilization of our
training center.
I would like to explore that because I cannot get my arms
around converting that space to
the full-fledged, full-blown event center that I see, you
know, in the presentation.
I mean, and we're going to go through the presentation, but
I just, that's not what
I had envisioned when I voted a year ago.
Of course, everybody else has their own ideas about that.
But I will tell you unequivocally that if this has been
couched as a either or between
the police department and the community market, I can tell
you unequivocally from my perspective,
that's not how I see it.
That yes, we decided we would help take on this cause to
find the community market a
place where they could feel comfortable, where they could
grow, where they could expand,
where they could make sure that they provide the same
attraction to where they are now.
We didn't find the first choices.
We don't know how this is going to work out, but I'm
committed to continuing that.
This isn't about, and if there's a way to do it here with
some limitations, some major
limitations, possibly.
I just don't know the answers to those questions.
But I hope that we can take this experience and dissect it
a little bit to understand
how are we having this particular conversation at this late
stage in the game because, yeah,
we got to find a solution now, but we also part of the goal
is to make sure we don't
put ourselves in this situation again because it's not fair
to the police chief.
It's not fair to management.
It's not fair to staff.
It's not fair to the community market.
And I don't think it's because of anybody's fault.
It's just unfortunately that's just where we are because of
the reasons we need to discover.
So if you could say this is what I want, let me see if I
can sum it up and then you can
tell me if I'm right or not, that you don't want to have
large gatherings across from
the police station with all the accompanying potential nuis
ances, that you want to be able
to have adequate parking now and in the foreseeable future
specifically dedicated to justice center
use albeit either the police department or the court system
unless you want to narrow
it down to the police department, and that you want counsel
to be considerate as we look
at the development of that area not to say shut it down but
to make sure that we take
into consideration all the factors that have been enumer
ated here and will be enumerated
in the future as these projects come forward.
I don't hear you saying we don't want development.
I don't hear you saying we can't live with development.
I don't hear you saying you guys stop development.
What you're specifically addressing it from my perspective
and if I'm wrong somebody will
probably most likely correct me, that the concern is this
specific plan and its scope
in that parking lot and some required additional purchases
that are going to be required to
make this into a realized vision.
That seems to me what I'm hearing.
Is that anywhere close or?
Yes, I think that sums it up pretty well from our
standpoint.
We can't and don't intend to stand in the way of growth.
I think that's going to happen.
I would just like to see us manage that as best we can in
the short run and the long
run right in our own neighborhood.
Okay.
All right.
Any other questions for the chief before we move on to our
presentation?
Thank you chief.
I appreciate it.
Thank you very much.
Thank you.
Ms. Jessica.
It's a great introduction.
I will cover some of the questions that were brought up.
I was making notes back there so I'll try and answer them
as I can.
And I was making changes on the fly so I apologize.
All right, so today what I'm going to go over is just give
you a brief overview of the Community
Event Center project and give you a status update regarding
the work of the council committee.
And this came about as we sort of reached, I'm not going to
call it a stopping place,
but a good pause place with the committee that we could
bring forward the work that
we've done as well as mayor you had requested some
additional information.
So I'll try and cover a good portion of that but not keep
us here too long.
And then we've already gone over the Public Safety Training
Center but if anything that
I say brings something back up, I've kept the chief here so
he can answer those questions.
All right.
So the Community Event Center was a priority item discussed
as part of the current year's
budget discussions.
It was a product of the market requesting a permanent space
at a city facility and involved
into a broader project as part of those budget discussions.
And the three major themes of those discussions and those
are summarized in your backup in
the sort of timeline document that I provided and those are
adding additional parking for
downtown events by improving the exposition lot, adding
additional space for the community
that could be used by festivals or other community groups
beyond the market and providing a neighborhood
amenity in a rapidly redeveloping area.
Council discussion pointed to this being a catalyst project
that would encourage more
relocation and redevelopment in the area.
As part of the budget discussions, Council approved $653,
000 for the Event Center project.
$405,000 were in certificates of obligation and that was
specifically for the parking
lot reconstruction.
$253,000 which was a combination of both Hot Funds and
General Fund dollars were set aside
for site amenities.
And then I know there have been questions about how we got
to $253,000 since that's
kind of an odd number that actually came based on a memo
that was provided by Denton Community
Market last year as part of those budget discussions.
They actually had requested about $268,000 and I believe
that memo came about as Council
kind of started discussing phasing in of the construction
of certain items and so we asked
them to provide what they wanted in phase one.
Yes, Mayor.
Oh no, no, I'm sorry.
On the certificates of obligation for the demolition and
reconstruction, do we have a
timeline or do you have a slide on the timeline of that
those issuances or that repair to
the parking lot?
Do we have any?
I'm not sure.
I thought they were already issued or nope.
Brian's here.
I'm sorry, yes.
Now the COs have been issued.
If we decided to not proceed with this, there's other
facility improvements that we could
make with those COs for other types of programs down the
road.
We have issued those COs as part of our bond program this
year.
For the parking lot demolition and reconstruction, which I
believe that, okay.
Thank you.
We appreciate that.
Thank you.
Sorry, Jessica.
Okay, are there any more questions on this?
I think I read them.
On the budget.
I wanted to show you sort of a timeline evolution of the
project.
Like I mentioned, there's a very more comprehensive
background document in your agenda backup,
but this sort of just summarizes the highlights.
We've been working on this sort of iteration of the project
since late 2014 when the market
came and expressed a desire for a permanent site following
the bonds committee.
And in late, or sorry, in 2015, the council discussed
moving the project forward in earnest
as part of those budget discussions.
And the discussion changed from talking specifically about
the market to becoming the community
event center.
By late 2015, the council committee was approved and the
committee discussed numerous items
that I'm going to detail sort of over the next few slides.
But I would add that the committee has met frequently and
has continued to sort of move
the project forward since about December of 2015 through
this summer.
And the timeline of the project has been really important.
We've been trying to meet having a phase one complete for
the market by April 2017, and
in our discussions with the market, that's become a bit of
a challenge as we've kind
of hit some roadblocks moving forward.
So we'll discuss a little bit more detail about the project
timeline later in the presentation.
Council Member Gary had a question.
Yes.
Can you go back to the last slide, please?
Sure.
I'm new here.
I'm trying to piece together the timeline of what happened.
And I seem to recall that the original request was for the
Civic Center, I think.
And then the second request was for 300 McKinney Street.
Is that right?
There were multiple sites that were examined.
Quaker Town Park, the Civic Center, the McKinney Street
site were all considered as part of
this.
As late as, I believe, May of 2015 was when, I believe,
Mark Nelson, at the time, who was
still serving as the project manager over this, presented
specifically about the McKinney
site.
And that was when it sort of changed from the McKinney site
to the exposition site.
And then, so was there ever a discussion about the Civic
Center or the park area?
Yes.
There was?
Yes.
Okay.
I'm sorry.
I only watched the May 2015 video, so I didn't...
I watched them all.
I wasn't here either.
You were.
Thank you.
Don't worry.
I've got it.
Any other questions about the timeline?
Yes.
Oh, yes.
May I approach him?
I'm sorry.
I was just going to...
I think it's a good question.
And just to give you some historical background on that,
too, because we had an extensive presentation
by Emerson as part of that, looking at various sites.
And the Parks Department raised a number of concerns about
just the existing events in
the Civic Center that would cause conflict with the market,
given that it's every Saturday.
And also some of the stress on the park, given some of the
large events that are there as
well.
So I don't remember that date of part, but that's kind of
all of what led to this site
as what was initially their last choice and kind of the
last thing the city kind of put
its hands out and said, "Here's the final city site we can
think of."
And that's when all this discussion started happening.
So the Council Committee is comprised of Mayor Pro Tem Rod
en, who is the chair of the committee,
along with Councilmembers Gregory and Begarry, formerly
Councilmember Johnson, sat on the
committee.
At the direction of Council, the committee was created to
facilitate the development
of the event center and create any necessary policies to
consider the naming of the center.
And to date, the committee has had extensive discussions
related to the project goals and
what they want to accomplish by developing a full community
event center.
They've also looked at possible lease terms and return on
investment with the community
market, the design process, the project timeline, the
impact of additional events and vehicles
in the area.
And upon request of the committee, the community market
prepared a strategic plan that included
a competitive market analysis and analysis of their
operations, which was also included
in your backup.
One item that's kind of noted in the presentation is that
the lease term that we had initially
talked about was kind of put on pause.
And that was done strategically because once we started
moving forward with the project,
we had discussions about how we were going to settle lease
rate.
And one idea that the committee discussed was on recuper
ating some operations and maintenance
costs related to the operation of the market on the site.
And when we started trying to estimate what those O&M costs
would be, we realized we couldn't
make those estimates until we had a better understanding of
what amenities were going
to be on the site.
Now that we sort of have a design concept, it is a very
broad concept at this time, we
can start going back to that and saying, okay, we expect
this amount in landscaping and irrigation
and those types of things, so we can better evaluate those.
So I would expect those discussions to start back very soon
.
You'll also see return of investment noted up there.
I highlighted that simply because that's addressed by the
market in their strategic plan.
Okay, one item that the committee has not discussed was
something I'd called rental
guidelines.
And we have these documents for other sites that the city
manages, particularly our parking
lots that we rent out for festivals.
And you think about the Williams Square lot or even the McK
inney lot.
The guidelines lay out what are the allowable activities on
the site and provide for the
short term lease rates.
It would be a separate document from what we would
negotiate with the community market.
That would be a long term lease.
But one thing that we can do through these rental
guidelines is that we could look at
restrictions for certain times and days of the week types
of events.
And as the chief was discussing whether or not we would be
granting noise variances,
whether or not we would have to get any specific department
al approval for booking events.
So that's just a consideration that the committee hasn't
really discussed this.
It came up sort of since our last committee meeting, but it
's something that we want to
look at moving forward.
And as the chief mentioned and maybe the mayor, maybe McKee
ley getting some legal opinion
on what we could regulate through that document as opposed
to a lease agreement.
All right, so if no one has any other questions, we'll move
on to the fun part, the design
process that we've been going through.
I guess real quick, well, it's a legal question.
I'll save it for later.
Go ahead.
Okay.
Sorry.
So the committee moved forward by engaging a design firm.
And the firm that we selected was Pacheco Coke.
And they're also the firm that is working on the Cedar
Street or Old Central Fire Station
lot and they have been working with both staff and the
community market to create a design
and a concept that would accommodate the needs of the city,
primarily being the need for
parking and the community market, which they provided their
sort of list of items that
they'd like to see that would enhance their operation.
And the funding for that came from?
The funding for the architect is being paid out of the $253
,000 that was originally designated
for site amenities.
Mayor?
Yes, I'm sorry.
On that previous slide, it said external stakeholders.
What's an example of that and how involved?
We involved Sedna.
We involved a few of downtown merchants.
We involved some festival organizers in the community just
to kind of ask them what they
want to see at that site, how they would use that site,
what their vision was for the area.
And we had invited them to attend any of our design
meetings.
So at this point, they were involved in a way where they
were going to possibly be using
the site?
When we met with them originally, they communicated that
the site for them would serve probably
not a lot more than parking because the market functions on
Saturday mornings.
And many of the events, they were talking about 35 Denton
and Oktopia being some multi-day
events, that they wouldn't be able to have something on
Friday night, have to clean up
their site.
Then the market would operate on Saturday, and then they'd
come back and set up again
on Sunday.
So they saw it as additional parking.
But they liked the idea of having another space that
smaller events could happen on,
maybe Friday night events or Sunday events that they didn't
see it fully incorporating
into the larger scale events.
I'm still just trying to understand how we got here.
I know that's not the ultimate point, and I get that.
It's how we move forward.
But anyway.
So thank you.
All right.
So this is concept A. The committee was presented with
three concepts, and this was the unanimous
selection of the committee.
And the design includes 0.35 acres of green space and
expands the parking count to 138.
It's currently 80.
This also includes a custom pavilion structure that's
designed to provide protection for
market operations in all weather conditions, which the
market noted was a primary concern,
specifically because they lost a number of market days in
2015 during the rain events.
It also provides a covered parking structure when the
market's not in operation and a covered
outdoor facility that could be used by other city
operations.
The design also has a permanent restroom facility.
That's what is right there.
It doesn't look like a restroom, but it is.
It looks like a rectangle.
And that was another priority concern for the market.
At this time, we haven't started parsing what elements of
this design would be included
in phase one.
But that's definitely something that would be under
consideration as we move forward
in the design process.
Quick question.
Yes.
You had mentioned, well, if you have it in an upcoming
slide, just let me know.
The acreage here was 3.35.
So that means we've got a, this requires an additional
purchase or no?
No.
This is completely on the site as it stands now.
Thank you.
Yes, Council Member Bray.
We might, if you go back to that last slide, we might
mention that the police department
had representatives at these meetings and had commented
that of the three concepts that
we saw, that they found this to be the most acceptable
because it allowed for the most
parking spaces and it also allowed for a parking during the
week under the shade structure
and it would also provide for them to do some of their
training under that structure if
they needed to do training outdoors but out of the glare of
the sun or the wetness of
the rain.
Yes.
Okay.
And the architect did provide this sort of additional
layout look, particularly so we
could address the market's growing needs.
I believe, and Vicki, you can correct me if I'm wrong, you
have about 80 vendors each
Saturday now plus more, approximately 70 to 80 vendors.
And so we wanted to make sure that we provided a space that
could accommodate them growing
in the future.
So this layout just under the pavilion and in the green
space could accommodate 144 vendors.
Yes, Council Member Begher.
Can you go back to the last slide?
Yes.
Okay, the second one, how many vendors, well, I guess the
third picture, how many vendors
are under pavilion and how many vendors are in green space?
I think I missed that part of the committee meeting.
I believe it's 48.
Under the pavilion.
Okay.
Thank you.
Okay.
Do you want to go back?
No, I just wanted to mention something because I think some
of the concern I heard from the
community as this was kind of made public, this discussion
was, and folks started seeing
some of these concepts.
And just to be clear, the only money anyone has to play
with for this construction is
the, what was it, 253?
Minus 80.
Sure, yeah.
And so understanding from a design perspective, the
question was, do we design just for that
irrespective of what might be going in later or do we kind
of look at some ultimate possibilities
so that when we make decisions on year one, understanding
there may not be any further
money being issued to this project, we were still able to
kind of have that plan in place.
But I just want to point out, the other real important
value of ours was how can this be
of value to the city even absent the community market or
anyone else using it, which is why
it kind of really started thinking, what are the multiple
uses of shade structure and whatnot?
So I just wanted to put that out there because that was of
concern as people saw this.
Like Councilmember Rhoads said, this was a master plan
design and we specifically discussed
that with the architect in that we wanted to go ahead and
design to completion so that
if there were utilities or any sort of underground work
that needed to be done, we didn't have
to come back and reconstruct that in a year, five years,
whenever that was, and completely
destroy work that had been put down.
So that was a very intentional decision to design to
completion.
We also asked that the design reflect the industrial feel
of the area and Joey actually
back, excuse me, Councilmember Hawkins, back to your point
on meeting with the outside
organizations, that was one specific request that they had
is they wanted this to be a
sort of signature piece in that area and to really match
the industrial feel of that neighborhood.
And as I mentioned before, the design includes 138 parking
spaces, the covered parking structure,
flex parking for food trucks, the custom market pavilion,
permanent restrooms, a welcome monument
and space for 144 vendors.
So as I mentioned, the timeline of this project was
extraordinarily important to the committee
and so we kind of put this slide up every time the
committee meets and kind of to check
where we are in the progress.
And our goal was to have phase one complete by April 1st,
2017.
As I noted in the AIS that this has been sort of a
challenge as we've moved forward in this
process and the market has indicated that it might be a
little too close for comfort
for them since where we are right now is we're still at the
design development phase.
We haven't moved forward within the construction document
phase.
We haven't moved forward into development review.
And so they've indicated that they might be considering
staying at the county site full
time through 2017 and doing transitional markets at this
site over the next year and then making
the full permanent move in 2018.
And of course, if they can address that more specifically,
I would let them do that.
But that's all I really have on the status update portion
of the presentation.
The next section, I'll be addressing some of the parking
concerns.
So if you have questions related to this section, I'd be
happy to answer them now.
>> Any questions?
>> All right.
So parking has sort of been the theme of this committee as
a byproduct of sort of the early
conversations like Council Member Gregory said at our very
first meeting.
We had a very fun conversation about parking and you'll see
those slides again in just a second.
We've been steadfast with both the architect and with the
committee that we needed to maintain or
expand the existing parking in that area and we did not
want any design to create a disparate impact on city
operations.
However, the event center is not the only operation in the
area that's increasing demand.
And there are the multiple operations in close proximity,
including City Hall East, the public safety training
facility.
The Union Rock Transit Center, now the rail yard
development, including the East End Lofts at the rail yard.
All sort of work in this dynamic environment now and they
impact each other.
There are a few other items that have come up as we've
looked at parking, addressing the parking demand in the
area.
And those included the further expansion of the public
safety training center at some time in the future.
The relocation or possible relocation of customer service
to the DOT Q facility.
The finish out of Stoke and the restaurant retail component
of the rail yard.
I know that Stoke opened yesterday.
So as people are moving in and Julie Glover was just
talking about seeing everyone moving into the loft.
So as we see that, we'll be able to more fully evaluate the
impact of those items.
All of these things, I'm just listing to let you know that
we're aware of them and we're taking them into
consideration when we do any kind of evaluation of parking
in the area.
And each of these has a different impact on demand and
supply of parking.
And they're sort of in a moving dynamic system in that we
can't really evaluate the full impact until we see all of
these operations going on at the same time.
But we are going to, in the next few slides,
look at some of the parking evaluations that we did in
relation to the entire area as a whole.
One specific item that I know council has asked questions
about was the rail yard parking.
And this is just a reminder, you've all been provided this
information.
They were granted a 25% variance due to offset parking
demand that was created by the mixed uses in the site.
The reduction was to 194 spaces.
And that 40 spaces are designated for office use.
And just to reiterate, they don't have a shared parking
agreement with the city.
So they don't have an agreement that says that they are
going to use the exposition lot as their backup.
>> Question on that.
Help me understand the distance relative to, there's a
building in between the rail yard apartments and the
parking lot.
I think it's that electrical supply place.
>> Yeah, the dealer's electric, I believe it is.
>> So would people park over there to walk over to their
residence?
I don't know. So I didn't know if it was adjacent to it.
>> The next slide's an aerial image.
>> Fantastic, thank you.
Appreciate that.
>> Can read your mind?
>> Yes, great.
>> This is actually a southward facing orientation, just to
confuse you a little bit.
The exposition lot is here on the left.
This would be the dealer's electric.
This is the rail yard lofts.
So they would have access on this south, this is the south
side of the property.
So they would have a pretty, and our property line would go
to right here.
>> Where are the 194 spots?
>> They're there, I've counted them by hand.
>> They're just there in that, just along the linear, the
parallel line of the property?
>> Here.
>> Okay.
>> As well as parking here and this lot.
>> Okay.
>> Here.
>> Okay. >> And there are some here.
And the 194 did include marked on street spaces that are
immediately in front of their building.
>> So included in that are public parking places?
>> Yes.
>> Okay, is that common?
I mean, I don't want to get off topic, so if I'm off topic,
then rattle your.
>> I'll let Amy handle that.
>> Sure, thank you.
There is a provision in the DDC that will allow you to
count some on street parking spaces within the DTIP area.
With this project, it's a very small number, I want to say
less than ten.
>> Okay.
>> And just to help illustrate where those parking spaces
are, the majority of them are covered parking spaces,
which is why you can't really get a good visual of what's
there.
All of the white buildings, what looks like white to you,
is covered spaces adjacent to the lofts.
>> Okay, so those, I see the little offsets there on the
roof.
I got you, okay, all right, thank you.
>> All right, I'll only do north only from here on out, so
kind of flip your thinking.
As Council Member Gregory mentioned, this is sort of a
slide that was given to the council committee on our first
meeting back in December.
And what we did is we asked all of our City Hall East Apart
ments to report how many staff members they have,
how many fleet vehicles they have, and then their
approximate daily visitors.
So we kind of tried to narrow that down to at a given point
in time.
So we used a half hour period because that was the most
narrow we could get from customer service.
So in a given half hour period, there would be
approximately a need for
about 500 spaces if all operations were sort of at a high
functioning capacity.
We don't have many days that everything is going on at the
same time, but
this was to give the committee a realistic picture of what
it could look like.
Now again, like I mentioned before, there is the
possibility that one of these operations wouldn't be
located here anymore, so that would reduce that demand.
We also looked at what's the count now?
So what was the existing count at City Hall East?
So we looked at, I called it the PD side, so I included all
of the lots, including the private staff lot.
We also looked at the HR side, so the railroad avenue lot
and the on street parking on railroad avenue.
And the street spaces on Hickory and on both sides of Hick
ory at the time,
it was prior to the rail yard development being completed,
so we included those.
And what we found was that there were 367 total spaces
available for use.
Excluding the exposition lot.
With the current total, that current parking and exposition
, we had about 447.
And with the reconstructed lot, we'd have 505.
So we would meet and most likely exceed our demand on most
days for City Hall East.
>> When I'm looking at this aerial.
>> Yes.
>> Is the PD side of City Hall East, is that that open
parking spot right there?
>> It included, this is the staff lot.
And then there's also some fleet vehicles that get parked
along here along the back of the building.
There's park marked spaces here and then there are marked
spaces in this lot.
So I included all of those in the total.
>> Okay, all right.
>> Yes.
>> Thank you.
>> Another thing that we did is we looked at other possible
parking locations.
We looked at other city public lots, private and restricted
lots, on street parking and
alternative modes of transportation.
All right, so starting now back with our northward facing
maps.
We counted city owned lot spaces.
And we wanted to use, and you'll see it when I kind of do a
more comprehensive map in a few slides.
We use what I called sort of the downtown standard in that
when we give people our downtown parking map,
we use a quarter to half mile radius.
So we tried to limit to that area to look at what would be
a walkable distance for
people to make their way over to the community event center
.
And one thing that we did intentionally do is we tried not
to focus too much on shifting parking into the southeast St
anton.
We didn't want to create a burden on a neighborhood if we
could avoid it.
So you'll see that we do address some on street parking,
but they're on wider streets.
>> If you could just hang on that area just for a second.
When I look at the big square parking lot that's the exp
osition parking lot currently.
>> Yes.
>> And we've talked about expansion of growth in that area.
It seems like you've got the storage units across the
street from it.
We got Austin Baker to the south of it.
Is that the Atmos gas center there next to the storage?
Is that Atmos?
Okay, and what's that building directly across from Atmos?
>> I believe it's a mechanical type of business.
>> So really, that's the primary, I mean, other than the
McKinney side of this area,
McKinney Street, because then you start button up against
the neighborhood.
>> Right. >> Then you've got a neighborhood there and
the cemetery is where, is it?
>> Down. >> There it is, okay.
All right.
So that's really what we're talking about is those parcels.
And of course you got Trinity down there, but who knows
what's going to happen with that.
>> Yeah. >> Okay, that's a good area.
I appreciate that.
>> Sure.
>> So we found as we identified just over 1,100 city owned
spaces using those plots.
We also looked at private and restricted lots.
And the reason we did that was we wanted to sort of use
this mentality of the shared
parking experience that we use in downtown and that there
are many times that there are operations
that are not going to be fully operating on Saturday
morning when the market might be operating.
So we wanted to look at lots that could be under
consideration for possible
maybe short term uses or maybe daily uses that the market
could enter into some type of agreement with.
So we looked at the rail yard parking lots, the downtown
transit center lots.
Some of the lots you see here are private business lots
that typically don't have high volumes on weekends.
So those were something that we could look at.
This is actually the Patterson Appleton Art Center.
Again, if there were some kind of conflicting event, we
wouldn't want to encourage parking there.
But if it was available on Saturday mornings, if they weren
't open until noon, that would be a place that parking could
occur.
And then these are actually two lots owned by the Methodist
Church.
We found about 537 spaces on those lots.
We also looked at on street parking using a 24 foot space
requirement as required by the DDC and
using a 15 foot setback from all driveways and
intersections.
We also excluded roads like exposition where the DCTA buses
often frequently go down because we didn't want to
limit their ability to make it to the transit center and
where you see it noted in red is where there's current no
parking.
Along Prairie, there's no parking on one side of the street
near the cemetery.
But we found an additional 500 parking spaces using that
measurement.
>> Councilmember Gregory.
>> Yes.
>> I may be about to steal your thunder, but will you
mention also that we discussed the possibility of people
parking at the Med Park station?
>> Yes.
Thank you.
>> When you're talking about parking, so let's say hypoth
etically that something winds up at that parking lot.
You're saying these are all the places that people would be
able to park to get there?
>> Yes.
>> So I see Crawford, I see Bradshaw, I see Southwood.
I know those are residential areas.
>> Yes.
>> But, and Vicki can probably address this, but I don't
know if, so
you're saying people that are going to the market if it
were there would be parking on the east side of Bell and
then walking that far to.
>> We tried to avoid just saying, well, everyone can just
park in the neighborhood and
that's sort of the solution because we didn't want to
create a burden on Sedna and sort of that area.
>> No, I understand that.
>> So we were intentionally looking at what were wider
streets that already might have marked spaces
where on street parking is currently being utilized and
particularly with like Prairie.
They have the connection with the rail trail access.
So it actually decreases the walking distance.
>> Do we know the distance?
Let's just say the Prairie for instance.
Do we know the distance of that?
>> Yes.
In two slides.
>> Got it. Go for it.
Yep, sorry.
Very, very good.
>> So just summing it up, that's about almost 2200 spaces
that would be available in that area.
So put it all together, we calculated the distances and the
walk times from each of those locations.
Again, we wanted to use that same standard that we use in
the downtown area.
And what we found is that from any of these locations,
for example, in Prairie Street, using the KD Trail would be
less than a half mile walk,
an eight minute walk from the KD Trail intersection at Pra
irie to the event center site.
>> Yes, Councilmember Hawkins.
>> When you were compiling this data, you obviously were
going around taking an inventory.
I mean, you found that people were using these spots
already to-
>> Yes.
>> Okay. >> People already park on these streets fairly
frequently.
>> Okay.
>> Yes.
And I will add that as someone who lives in this area, that
they're being utilized now.
>> Gotcha.
>> Okay.
>> So one of the other-
>> I'm sorry, Mayor Pro Tem.
>> And the other thing that I think is important to point
out is the time of which the market meets.
You go downtown at eight in the morning on Saturdays and it
's not as crowded as it is once you get to about noon on a
Saturday.
In terms of your parking situation and certainly around the
area where the exposition site is.
It's completely different than what you'd see, say, on a
Monday morning.
>> Sure.
>> Which is exactly what our first bullet point is on this
site, the offset parking demand.
>> Okay. >> Yes.
>> I'm sorry, Councilmember.
>> I know it was outside of your picture.
Thank you.
I know it was outside of your picture, but with the courth
ouses just at the end of Hickory and-
>> Right here.
>> Other courthouse.
>> Over here. >> Other courthouse, yeah.
>> Do you know how far the other courthouse parking lot is?
Because they have tons of parking spaces and it is not
utilized on a Saturday.
>> No, we did not measure that.
>> Okay. >> We can do that.
>> But we don't know how far it is.
>> No. >> Okay, thank you.
>> Six, just a few blocks.
So as Councilmember Roden said, we're seeing that there's
really the possibility to take advantage of offset parking
demand at these locations.
The market operates at a time when maybe Hickory Street is
not as busy as it normally is or
the square isn't as busy as it normally is, so that there
is the possibility of having those parking spaces available
when the market operates.
And as Councilmember Gregory mentioned, the proximity to
the Union Brock Transit Center also opens up the ability
for
people to park at different stops along there, particularly
Med Park,
which has a significant number of parking spaces that aren
't fully utilized and then ride the train up.
And this also has the added benefit of having the trail
access, so it gives us access to different streets along
the trail that are very walkable.
It also leads into our bike plan and pedestrian
improvements.
People have access from other neighborhoods to this site
that they wouldn't have.
Excuse me, they have much more improved access at this site
that they don't have at the current site because of the
improvements in the area.
And then also the trail connectivity with Carl Young Park
is something that an added amenity at this site.
Okay, since I won't be turning it back over to Chief Hal
unless he has anything else to add,
that sort of sums up my presentation, but I know that Mayor
Pursem,
you had mentioned that you might want to make some comments
about the project in general.
So I would give it to you if you- >> Well, there's two
points.
I mean, we've just opened up Stoke over there.
And you think about our commitment to investing in small
business development.
Stoke is one angle of that with the tech development.
Community market's been a small business incubator for the
last several years.
There's a synergy in having those kind of geographically
located, even with the Stoke now having event space in it
for use.
And for use with mentors for small business development and
what not.
So I think there's that whole economic development part to
this too that has not yet really been focused on as part of
this discussion.
Because we talk about a lot investing in these large
companies.
Here's a way to invest in the small companies in an area of
town that could use that sort of geographical location.
>> I just want to comment on that really good job with the
committee compiling all that data,
especially that parking space count data there.
>> Not the committee.
>> Sorry, Jessica.
>> You walked every one of them.
>> I walk them all the time, actually.
>> It would take me and a committee to get that done.
Maybe that's what I want to say.
But good job, thank you.
>> Well, that's like I said, all I have, that was when we
were going to move into the public safety.
If you have more general questions or anything.
>> Councilmember Wasley.
>> Is the farmer's market moving from the county location
along with the community market?
>> From everything I've heard, the answer would be no.
That they're not moving, that the farmer's market is
staying at Carroll.
>> We want the community market to be successful.
And I think that needs to be really emphasized because
it is an important part of our community.
The question is, how can we be smart about ensuring their
success?
Ensuring the safety of our police department.
And so that's the quandary that I'm in.
How do we satisfy both of those?
And can I address the issue that Mayor Watts talked about,
that we didn't have the committee?
I know that the community market had an opportunity to
speak.
So you can certainly continue your comments.
I just wanted to make sure that they understood that we
haven't left them off.
Yeah, go ahead, I'm sorry.
>> But that's my quandary.
How do we make it successful?
How do we keep the police department safe?
That's my quandary.
Because we want a thriving, successful community market.
I've been to them all over the country.
And walkability is important.
Parking is important.
My question on the committee, and it may be something in
terms of process moving forward,
that we actually have some kind of really scheduled rhythm
and
flow of committee reports that come forward from council
committees.
And this could, it's not just this committee, it's all of
our committees.
Because some committees, they kind of rest on the back
burner for
a long time and there isn't anything to talk about.
We have other committees that are red hot and lots to talk
about.
And I think it would really help in that communication to
try to solve that problem as well.
>> Great, Councilmember Begay?
>> Second that, I think that's a good idea, maybe to just
start it at the beginning of sessions.
But okay, to your point, I just wanted to mention about the
farmers market,
the actual Denton County farmers market.
>> And correct me if I'm wrong, maybe this is a question
for community market.
As I understand it, there's three or four vendors at the
farmers market.
We have about 40 or 80 vendors at the community market.
And the difference between those two markets, as I
understand it,
is that the farmers market are not required to produce
their own produce.
They can go to the Dallas farmers market and then resale.
And the Denton community market has a geographic
restriction and
they are required to make some portion.
So it's truly to Mayor Pro Tem's point, it is actually
really more of a maker
space than the Denton farmers market, which is a resale
space.
So I think that's correct.
>> That's my understanding as well.
>> Any other questions before we hear from the community
market?
Thank you, Jessica, great presentation.
Thank you so much.
Well, well done.
>> You and your committee.
>> Thank you.
>> If you'll just state your name and address and then your
time will start.
>> Where is the presentation?
I'm Vicki Oppenheim.
You want to get my address too, 600- >> Yeah, but
we'll wait until you get your presentation set up to start
your time.
>> I'm Vicki Oppenheim, the executive director of the Dent
on Community Market,
and my home address is 600 Winfield Street here in Denton.
Thank you very much for taking all this time to review the
plans that are in process for
the new community event center.
We have been very involved with this process all along.
We've attended all the meetings.
We have provided reports as requested.
It was not our first choice, I'll admit that.
But over time, we've grown to really see the possibilities
of this site.
And as the market continues to gain accolades across the DF
W Metroplex,
we feel that it's really important to have a good site that
we can grow in over time
and continue our progress on all different levels.
We, I just want to point out this, we were quite excited
about this.
We were listed first in the Dallas Observer Guide to Mark
ets Across DFW.
We didn't expect this, and we were very, very, very excited
this year.
Our number of vendors are higher than ever.
We have 187 at this point.
Last year, we ended at about 150.
We have between 65 and 100 vendors per week, on average
about 70 to 80.
We have been gaining all sorts of awards, second best in
Denton,
all types of increases in number of visitors.
Numbers of vendors, media presence.
Even our success stories continue to grow over time.
Juice Lab is our latest brick and mortar that started at
the market last year.
We have a long history of promoting and incubating
businesses across the city.
These are some of them.
And this is not the entire list.
This is just the list of brick and mortars and food truck
up in there.
I also want to point out, we just did a survey, 75 vendors
responded.
A lot of them have been at the market only for a short time
.
You can see that.
Many are startups.
And most of them view us as very important to their
business.
Very important for the development of their business, the
success of their business.
Also, we estimate from this survey, we generate about 788,
000
in sales revenue at the market on Saturdays only.
This does not include other days of the week.
There are many markets across the DFW Metroplex that are
being developed.
Many cities, Denton is not the only one by any means.
Many cities are investing in their markets.
They see the real positive impacts that markets have on
cities.
And we are just one of many in the Metroplex.
And most of these that I've listed here are getting real
structures with bathrooms and
permanent facilities and even city staff.
I also want to point out, at this point, our fees are among
the highest in the Metroplex.
We have done the best we can in generating revenues with
fees.
We've really come to the max at this point in being able to
remain competitive.
So I ask when you're thinking about these decisions that we
really are an important part of the community.
And I also want to point to all the supporters that have
been here.
We have our board of directors, if you could raise your
hands, please.
They've been very, very dedicated in helping me through
this transition process that we're in.
I also want to point out the supporters that came, if you
can raise your hands.
There have been some that had to leave for other reasons.
But we just have a very dedicated and
enthusiastic group of people who attend on a regular basis
and
also visitors who come from across the Metroplex and across
Texas and even across the country.
And I ask that you consider this in your decision making
process.
>> I have a question.
>> Okay.
>> And it seemed to come up in the presentation that-
>> Okay. >> It was my understanding that part of
the urgency was that the county was not going to renew
whatever y'all have with them, a lease or agreement or
whatever it is.
And so it was reported that you all are able to stay there
through the 2017 season, is that correct?
>> Well, as of right now, it appears that way.
We don't have an official approval.
We've not yet applied.
We've told them, we've informed them of our situation.
We thought we'd be moving to this new site.
And they said they believe we can get approval for another
year, but it's not official until we go through the
commissioner's court.
There was reports even a couple years ago that they were
saying we're getting too big for that site.
>> I remember that.
>> And we need to be leaving and looking at other sites.
So it's this ongoing uncertainty of where we're going to be
from year to year.
And so we know no promises of any infrastructure investment
by the county of any sort.
>> Sure.
Okay, Council Member Gary.
>> One thing I wanted to note was that you do have a
parking share agreement with DACU right now, correct?
>> With the owner of the DACU lot, it was sold.
>> Okay.
>> And that is another issue that has come up.
We had to get permission from the owner this year to be
able to use that lot.
>> They did not say forever.
It could be that it comes to a point next year they may say
we cannot even use it as vendor parking.
We don't know that yet.
>> Isn't that the city law?
>> It's the same.
>> Yeah.
>> It's the same law.
>> Okay, but does the city not have, so we don't have
rights to lease,
I thought we got leasing rights for that year round all day
all night because that was part of the, so.
>> I believe we did.
>> Okay.
>> Okay. >> Okay, so that's-
>> Okay, I just want to make sure I didn't miss something
pretty important.
>> Okay.
>> Okay.
>> So maybe we'll call up on that.
>> Okay, so for this year, that was the arrangement.
>> And in the past, right?
>> Yes, in the past, yes.
>> Gotcha, okay.
>> Okay. >> Fair enough.
>> And then the other thing I wanted to note is two things.
First of all, are there many people who are pedestrians and
people who bike to the community market?
>> Yes.
>> Have you guys ever done a count of that?
>> Not per se, I have to say.
We do have regular customers that bike, walk.
We do zip code surveys of people who will say I walked here
from near UNT or from the neighborhood.
I biked here.
I'd have to say probably the majority do drive to the site
from other zip codes, 76209.
>> Sure.
>> You know, other areas.
And of course, 25% of our visitors are from outside of Dent
on.
>> Okay.
>> And then the third thing I was going to mention was in
one of your slides, you had the number of vendors.
And Denton Community Market by a large number has more
vendors than all of these other places.
>> Yes.
>> Wondering if there have been any discussions about rest
ricting the number of vendors if you were to move to this
community event center,
given the concerns that I think are legitimate that the
police department has raised.
>> Yes, we're aware of that, that we can't have unending
growth, you know, become 500 vendors.
Of course, any one week, we don't have more than 100
vendors at this point.
We're aware that we're going to have to look at different
restrictions on categories perhaps or total number of
vendors.
In fact, in our strategic plan, we did outline that, that
we're aware of that.
>> Would the restriction bring you more into line with the
other community markets or would it just be based on how
many you have?
>> It's probably based on space.
>> Okay.
>> You know, it's a balancing act.
At what point do we restrict what we do as small business
incubation and
also creating a vibrant area for new ideas and so forth.
And same, you know, on the other hand, we have limitations
with infrastructure and the ability to accommodate those
things.
>> Thank you.
>> Anybody else?
Yes, Mayor Pro Tem.
>> Thanks, Vicki, for your presentation and for sticking
with us throughout the year on this.
I just want to say publicly, you know, I invited you all
out to Southeast Dent and
Neighborhood Association meetings to converse with them
because part of my thought in this area is you have
young kids growing up seeing two jails on either sides of
them, an alternative school and cemetery.
That's their hope.
And seeing something that can involve children, that can
inspire small businesses in the area.
That's why this was so visionary, I think, of the potential
here to spark a lot of that.
Can you talk a bit about, I know you've had conversations
with TW,
just started a new, the only one of its kind in Texas,
Center for Women's Entrepreneurship.
And I know we're trying to draw them in in relationship to
the Stokes project as well.
What's been your conversations about partnerships with them
?
>> Well, we already have a partnership.
I mean, maybe it's not official, but it's somewhat official
.
We've had conversations with them.
We, in our application processes here, asked people if they
're interested in receiving assistance from that center.
And some people said yes.
So I forwarded that list to the center and they're outre
aching to those businesses to say, hey,
how can we help you with whatever, DBAs, tax information,
whatever is needed to help those businesses.
Also, they've helped us in some ways already.
They helped us with a, as the board can attest, we had a
strategic plan meeting
where Tina Mims came out and helped us on a Sunday
afternoon, helped us formulate our strategic plan.
And so we really have already developed that partnership
and we hope to expand it.
In fact, Erin Tran, who is now the secretary of the board,
we've had a shift in leadership recently as Katie Trice had
left.
And now I'm president and Erin Tran is secretary.
She is going to be doing training sessions that involve TW
as well.
And we're going to be doing some training sessions for our
vendors.
So already we're developing that.
We don't know where it's going to go, but it's been very
good so far.
>> One last question, I guess, and it relates to the
temporary or permanent nature of this space.
And we've talked a bit about this.
One of the nice things is you're kind of, if we go here,
you're a pioneer in place making, similar to what the rail
yard project is.
I mean, that was a risk for them to go out to a place where
there wasn't other sorts of development.
And you guys would be taking a risk out here, in my mind,
in hopes that it gives vision to otherwise sometimes vision
less developers about the potential of a space.
In the event you guys are here, a year, maybe two,
we invest minimum up to the point that we're investing now
in what we're doing.
Amy gets a call, I don't know if she's still here, from
somebody who is interested in acquiring a lot of the
property around there, Trinity.
And we've talked about this, about the potential of public
private partnerships.
And we're able to look at this and say, hey, when you're
building this multi-use purpose project, can you put the
market as part of this?
Would that be something that you would see as, I want this
space as permanent?
Or would some possibility of something like that coming
down the line,
getting you something ultimately what you need, not
necessarily on the city's back, but part of a partnership.
Would that be something the market would see as a good path
to go down?
>> We're open to all sorts of partnerships.
Many of the other markets, I mean, there are different
models.
There are public, private, there's a combination, a
developer comes in and partners with the market and a city.
They're all different combinations and permutations.
We're open to ideas.
Of course, all has to be reviewed by the board and our
membership and so forth.
But we're always open to new ideas.
>> Thank you.
Councilmember Briggs.
>> I wanted to let you know that I am in support of our
commitment to the community market.
I think it's valuable for small business incubators, makers
, and it's an investment in our citizens and our city.
After learning this new information today, I do look
forward to more discussion,
addressing, and finding a solution on the concerns for
today regarding this location.
But I remain firm in our commitment to the community market
.
>> Thank you.
I really appreciate that.
I wanted to say, of course, we're a part of the community
and the police are very important to the community.
So in this whole process, we thought that these issues were
being addressed.
We hadn't, certainly there are issues we didn't know about.
We didn't know about them.
I thought that plan that was selected, Plan A, was really a
win-win for everyone in terms of certainly had the more
spaces than there are now.
It had area, as I was, as mentioned in the meeting, covered
area for training.
I thought, well, this is a win-win for the police, a win-
win for the market.
They said even the food trucks could be used in the
trainings because they said, oh, that'd be great.
Then when we have trainings, food trucks can be there for
our participants.
So I saw this as a win-win and I just want to say that.
>> Sure.
>> Yes.
>> Yes, Councilmember Gregory.
>> Regarding the location, thank you, Mayor.
It's not a location that you suggested, is it?
>> Right.
>> Well, was it a location that you suggested?
>> No.
>> It was a suggestion of a former council member, I think.
The first one to have the brainstorm was Councilmember Eng
elbrink.
And at times, it's felt like we've been trying to cram our
foot into a shoe that doesn't quite fit.
Has that felt that way to you sometimes?
>> Well, as I said, our first choice was the parking lot
across from City Hall.
And we've gone through so many different, we looked at the
civic center.
We looked at all different ideas and this was not our first
choice.
But then once we started looking at the possibilities, we
thought, okay, we'll go along with this.
There could be some really great things that happened for
also the southeast Denton neighborhood.
I attended meetings there and so as the process went along,
we saw the possible benefits.
But I mean, you're right in some ways.
>> But then when you hear some of the things that Council
member Rodin has said about the synergy and
the value that it could bring to the neighborhood, this
starts to feel like maybe a more comfortable.
>> Yeah.
>> And then when you hear some of the things that Mrs.
Rogers shared with us about,
well, it doesn't look like that it may be the best location
in terms of parking.
Well, indeed, there is a good bit of parking and in fact,
maybe a bigger variety of ways to get to that location
than a lot of other locations because of the mass transit
that's available to transit center.
So then it starts looking a little better, right?
>> Yeah.
>> And then you hear, well, maybe it's not going to be the
best because of the concerns of the police department.
So I guess my question is, it sounds like, am I leading the
witness?
>> Yes, you are.
>> Objection, objection, objection, objection.
>> So I'm gathering from some of the comments and some of
the head nodding that's going on at the table.
And it may be just that some people are tired.
But that there's still an interest on the part of council
to fulfill our commitment to be a partner with you.
I guess my question is, are you still interested in being a
partner with us?
>> Of course.
>> Of course.
>> I mean, we seem a little flaky from time to time.
>> Any other questions for Vicki?
>> Well, I just, I don't know if it's a question.
I want to make a comment to her.
I just, I love the way that just from the roots up, you've
just,
this is just the entrepreneurial spirit of this event.
I feel like I'm partly at fault with this.
I mean, we flat out told you, you know, this is, and then
new information comes to light or we learn new things.
It reminds me of some of the convention center stuff.
I know that's a dirty word to some people, but it just does
.
And I'm on the fence.
I mean, I see that design.
That's a beautiful design.
I mean, that excites me when I see that.
You know, and then thinking about being protected from the
weather and possibilities with the police department.
But it's just really hard for me to get over the fact that
if they really are having concerns at this point.
And I just publicly wanted to say how for I am with the
community market and just we've got to find just maybe a
different spot.
I don't know what, I don't want to speak for everybody, but
you've done such a great job.
And I don't want this to seem in any way like you aren't
deserving or something like that.
It just, it's hard for me just to want to move forward with
this when our police department,
who I feel like when citizens live in a community, their
main concern is to be safe.
And they want to, in the police department, they want to
recruit and work at a place where they feel comfortable.
So I think that's where I'm torn.
I mean, I love everything about this and the spirit of it,
but just wanted to publicly say where I'm at with that.
>> I understand.
You know, board member who's not here, she's in France
right now, she said to me, go with the flow.
And I guess I'm sort of thinking about that in my mind.
You know, we're open to ideas.
But I guess I wanted to do this presentation.
I just wanted to remind you of what we've done.
And I guess many people would agree that we need some
support in the long term.
And we thought it was down this path.
If it's not what the path, if that's not the end of the
road, then we hope there's another road, I guess.
>> Sure.
Well, I can tell you, I think there are many roads.
And just like you need to go with the flow, we do as well.
So if somehow this isn't the place that needs to be because
of the concerns that have been raised, then I think it's
incumbent upon this council.
Even if it means revisiting some things that we may have
originally rejected.
Because what I've heard in this conversation is a couple of
things.
One is the plan looks great.
The problem is that's a plan.
There's nothing permanent about that.
The funding that is available is $400,000, which is to rep
ave the parking lot, which we were going to do already.
And now 170 something thousand for whatever on-site
amenities,
as was in the original presentation, like a stage and
something like that.
So, plan looks great, but we've been down this road with
the police and
fire training center many, many years ago, eight or nine
years ago, where we planned for a $12 million facility.
And because of economics and things that change, we don't
have that.
So I would hate to say this is what you're going to get,
but we have no pathway to get there at this moment.
So I hear two things.
One is you're sort of still in a temporary location mode,
even if you were to go to that site, there's no promises
that it would be what it's going to be.
And second, Mayor Pro Tem, I appreciate the note of vision
and developers moving down there.
This is just the business person in me, but also when
vision is followed by
a couple hundred thousand dollars a year in economic
development incentives and
$80,000 a year lease for the space that we have in the St
oke Center, that sort of helps.
It helps clear the vision a little bit.
So I tell you what I am relieved about, that we're not
under, seemingly, it hasn't beneficial yet.
We're not under yet seemingly the same kind of pressure
that we might have been under before.
And that's nothing due to our, I mean apparently,
we certainly, even if we were to keep moving forward, we
still could make this time deadline.
But to knowing that we've got a little time that if we need
to move to a different plan.
So I guess my question is this.
Because it seems like you're sort of in a, we need a
temporary spot that's more conducive for what we have now.
>> Mm-hm.
>> But we as a city aren't able to, at least at this moment
,
commit to a quote unquote permanent spot as far as the plan
that you saw.
Even if it was that location, if we said, yep, we're there.
We've got to find the funding somewhere else and there's no
guarantee of that.
So then if that shaded area didn't occur.
So then I think, well okay, so is this temporary kind of
slash permanent spot availability without all these
immediate amenities as presented in that plan, is there
something that we have in that regard?
So I struggle with putting it in this spot,
not because of anything with the community market, but
because of the concerns that have surfaced.
And for whatever reason we got to this place, I don't know
if an apology is necessary,
but we need to figure out how we don't get here again with
people who are important in our community,
who rely upon decisions that we make.
And that's really the biggest charge incumbent upon us, is
not only finding,
if it is the charge, it's finding a different place.
Finding one, finding it quickly, finding something that may
hurt us a little bit more.
As a council, that well maybe we don't, we had our bite of
the apple of choosing where we wanted to go ideally for us.
Well maybe we need to compromise that a little bit and say,
well maybe there's some things that if it's a two or
three year time frame, do we have something we can use in
that time frame that we might have rejected in the
beginning?
That's just how it works when you're negotiating and you
make a mistake and you try to accommodate.
So this posting was to give direction.
So I think we need to, any other questions for Vicki while
she's here?
Just because I don't want her standing up here while we're
having this discussion.
>> Any board members want to come up and say anything?
I just wanted to invite you up if there's anything you want
to say at all, if you have an opportunity.
>> [INAUDIBLE]
>> I just want to make sure I'm representing, okay.
>> Thank you.
>> All right.
>> Thank you very much.
Any other questions for Vicki?
Yes, you have some member, Wosney.
If we revisited some other locations in this city, because
I remember this was not your first choice.
If we revisited some other locations in this city, would
you be open to that discussion?
And what I'm hearing is yes.
And can I throw something on the table as well?
We've signed a lease with the old DATCU property.
Has a lot of parking area.
I mentioned the success of the community market because we
always have to keep that in the front of our minds.
It's not just about finding a spot.
It's about continuing your success.
That location, and I'm just going to say it, keeps you a
lot closer
to the synergy that you have in your current location there
on Carroll.
So that it's a hop skip.
It remains close to the UNT people who come by bike.
It's right close to residential neighborhoods.
It has, so I'm just saying I think we have some positive
alternatives to take a look at and
to continue this discussion for long term success for the
community market.
>> Thank you.
>> Thank you.
>> If I'm reading it right that the council is still
interested in committing to being a partner with the
community market.
>> Sure.
>> Then maybe the best thing to do at this time would be to
modify the charge given to the ad hoc committee.
Because the ad hoc committee was really charged with coming
up with a plan for the exposition center site.
And maybe the charge needs to be modified to have this
committee continue.
Maybe with the same membership where somebody wants off,
somebody else wants on.
And be a liaison to the community market for any short term
and then long term partnership that we can have with them.
And then we can explore more.
And I'm gathering that we haven't done any signs or
signals that the majority of folks are wanting to look for
an alternative to exposition.
So I mean that's what I would kind of offer up so that we
could move to some other issues on our agenda today.
>> Yes, Mayor Pro Tem.
>> I'd be forced sticking the course.
I think we've gone down this course for a year and I don't
think we've heard anything that can't be mitigated by some
changes that we talked about.
Restricting it to the market, looking at some noise
variance issues that we wouldn't allow above.
We still think there's a lot of synergy to what's happening
in this area that makes this a really visionary spot for us
.
So I'd hate to throw that out at this point, but if there's
four council members then I'm out bid.
But one thing we could do is look at having a temporary
look at this.
We're talking in hypotheticals about our concern at this
point.
To be able to say let's set a date for the market to go out
here on a time where it might happen.
Kind of like the better block approach, but we can kind of
do this all in house.
Where we can kind of see what does it look like, what does
it feel like, get real metrics on the ground as to what we
're concerned about.
Measure those things, come back and look and see.
Now of course this all would have to be done in conjunction
with you guys if you have the ability to do it and
probably have to be something in the fall when your season
is closing out.
But as a way to kind of say these are nice hypotheticals
that we're concerned about.
Let's get something on the ground and see what this looks
like.
Let's see what it feels like and let's see what we're
worried about and measure that.
That's the thought.
>> Okay, well I'll go, I'm for Council Member Gregory's
proposition simply for
the fact that the community market is but a small part of
this plan.
Even though that's what sort of was the genesis of this
community event center.
It's blossomed into what we saw in plan A, which could be
rented to,
and we still haven't addressed the issue of who can include
, who we cannot.
So I'm for giving the committee a charge to go explore and
research especially given the discussion we've had here
today.
Some alternative sites and both as a temporary nature and
permanent,
because the permanent who knows how long it would have
taken to get to that place.
I mean the shed itself said community market on it.
So I understand about doing sort of like the better block,
but
this is an event center that has been the concept and the
charge.
So that's not limited to the community market.
So I'm for moving in a direction that can find some
alternative sites that continue
to meet the goals and who knows, maybe even improve them.
Maybe even improve them because if we go back and
revisit sites that we might have rejected originally,
it may be sites that are a better alternative for the
community market.
So I'll go on record to say I personally, and I'm not
saying that's what your
position is, I'm saying what you proposed is what I would
concur with.
>> Well, I guess if I may.
>> Sure.
>> Well, what the committee would need to know is, is it
the direction of council
to no longer pursue the exposition site?
Or can that still be in the mix and can we look at
something like what
Councilmember Rodin suggested of doing a test pilot on a
Saturday and
getting a lot of input from the police department, have
them monitoring it closely?
Or is it the desire of council to simply move on from that
site?
We just need to know.
>> I can only speak for myself.
I would like to move on from that site.
I'm sorry, Councilmember Geer.
Yes, I'm sorry.
>> Okay.
>> I'm sorry, I thought I invited her to take, I apologize,
Dickie.
>> All right, I didn't know if there was another question.
>> Yes.
Councilmember Wasney.
>> I'd like to move from this site as well.
And the other, let me add in another big game changer that
was not on the table
last year, we just bought the property next door.
So we haven't decided what to do with that space, the
county building.
And so that space as well, and whether it's short term,
long term,
maybe that's long term possibility for an event center.
Which creates the park, the civic center, the event center,
all right here in downtown, which is where it all happens.
And it abundance the parking.
So I think we have options now that we didn't have a year
ago.
But our key has to be, we want it to be successful.
And I think it comes back to location, location, location.
And I would be more comfortable looking down the road at
another location
that I think really spells success for the community market
.
>> I'll give the same direction that you had just stated
there, so just to be short.
>> Well, I mean, I'm just waiting for somebody else to.
The three committee members, I believe that's Mayor Pro Tem
, Council Member Gary,
and Council Member Gregory, I mean, y'all recommended this
or
y'all basically saying we're still looking to moving
forward on this site?
>> The council recommended this site, so the committee was-
>> Charged with developing this site.
>> Okay, this plan, that's right.
So I guess I'm just asking y'all to weigh in on the
question on the floor.
Yes, Council Member Gray.
>> Yes.
>> I would like the committee to take it back, but
not necessarily get rid of this site completely, but take
the event center out of it,
like you mentioned, and make it just a lower event, just
the market only.
And keep that in the mix as we look at other options.
>> Okay.
>> Because I think the event center was the really big
issue for the most part.
Just to kind of keep that on the table in case nothing else
pans out.
>> Sure, sure.
Okay.
>> That would be my request.
>> Mayor Pro Tem?
>> Well, I think I've given my thoughts on this.
>> So you would concur with Council Member Briggs?
Okay.
>> Okay, well, I'm in favor of the site with some
restrictions that we talked about, decibel.
I actually would like to see vendor restrictions as well if
that's where the site was going to be.
But it looks like we're in the other direction, so I'm
sorry, am I missing count?
>> It seems like the primary question is, does the
committee go back with a charge to find alternative sites,
including this site, with some modifications of it just
being limited to the community market with whatever
restrictions you're talking about?
>> So what I'm struggling with is what sites are available.
We don't know, as a committee, what sites are options for
us.
And without that going through the council first, I don't
want to start talking about site A, B, or C,
without it being absolutely firm here, that that's a site
that is allowed to be a permanent spot.
I mean, I think we might be getting it backwards a little
bit.
I don't want it to come out of the committee, I want it to
come out of the council.
>> Okay, all right.
>> Well, I would like to look at other spots, if that's
what you're asking.
>> You're open to this spot with restrictions in other
spots?
>> Yeah, I'm open to other spots as well.
Obviously, it's my preference because of a lot of the
things that have already been mentioned.
But at the same time, I'm very cognizant that this was the
last choice of the market,
and it was really a council suggestion to put it over there
, so.
>> Well, then I think what I'm hearing is that there are
few people that just don't want it there at that site.
But that the majority would be open to that site, but we
ought to consider some other options.
Council Member Wasney has mentioned an option of a site
that we didn't have available to us when we were talking
about this a year ago that we now own.
So maybe the committee could do some exploring.
With agreement, we could do what Mr. Roden said and maybe
have a test Saturday over there without any kind of
commitment.
And then the committee could bring back a recommendation.
And sharing, giving the council updates as far as other
possibilities.
>> Let me then make a suggestion, a request.
Because I agree with Council Member Begarry that I think
part of,
well, I think if the committee were to meet and first of
all identify some options.
And bring those back to the council with the associated
research.
In other words, we're not doing a test.
We're saying here are the options.
Here's the option that we talked about last year.
And then here's some other options given we've got a couple
of new additions to city assets that may be in play.
And so we're not going down the road too far.
We're just having the committee identify some of those
alternatives and
bringing back not just a recommendation of one, but here
they are that we identified.
Here's the research that we found.
Here are the pros and cons of each one of those.
That could be done fairly quickly, probably within I would
think 60 days, 60 to 90 days.
Is that something that?
Yeah.
Jessica, could you do that in 60 or 90 days?
Okay, all right.
Because it's clear that those who wanted to move away from
this site altogether are somewhat,
the consensus is to still include it, but then provide some
other options to give council a choice based upon some new
research.
Some new information and certainly we want to make sure we
identify and
continue to ensure that we don't have similar experiences
that we did in this situation.
So is that okay with council as far as the committee, the
committee members?
Is that something that you guys can agree to Mayor Pro Tem?
>> Yeah, is there going to be, I think on the front end, I
mean we know the spots that we all discussed a year ago.
And council was pretty clear about saying no to some of
those spots.
So is there anything that we should hear from council that
we should say this is off the table?
I mean we heard one of their spots was Quaker Town Park.
Should that be on the table?
One of their spots was across the street.
I'm just afraid we're going to get 90 days into this, come
back and have the same conversation we had a year ago with
no options available that we can get consensus on.
With the same objections we heard from certain staff in
different departments last time.
So I don't want to waste everyone's time and I think not
knowing the future of their possibility next year.
Of being able to, in the event council rejects the site
that we've been planning for a year, what's the option for
them come the spring?
So it's a pretty hefty task ahead of us and so I don't want
to go into that, spend 60 days on when you come back and
you guys have already put stuff off the table.
>> Yes, members.
>> Can we add into the committee for them to find a
temporary spot for the community market?
>> Yeah, but that still doesn't answer the question if
there are spots that are off the table from the beginning.
And we had pretty clear conversations about those a year
ago.
So I would just as a part of that committee would like to
have that direction on the front end.
>> Right.
>> Rather than spending a lot of time on the back end.
>> Go ahead.
>> I'm just saying because it is, they may not get the
county again and if they can't, I don't want to be
responsible for them not opening.
So I'm just saying is that possible to have that in the
committee as a charge to find a spot that's temporary?
Temporary, if not, that's fine.
I mean, I'm just bringing that up.
>> I can answer your question.
I was the one, one of the ones that was concerned about
across the street.
I was one of the ones, I don't know if I was so concerned
about Quaker Town and some of that.
So I can tell you for me, if all of a sudden I'm changing
the direction that I gave a year ago based upon new
information,
that also changes maybe what I was thinking a year ago as
far as some of those alternatives.
Number two, this distinction between temporary and
permanent is very critical.
It's very, very, very critical because this we could say it
was a permanent location there across from the police
department.
But the amenities that were presented in the ultimate plan,
that designates more of a permanent, I mean, there's no
telling if or when that would even develop.
So I think there has to be some understanding that what we
choose may not ever get to be what the community market has
envisioned.
And so we may continually be looking for spots to open up
that may meet that permanent criteria.
Like you said, a developer may come in.
We pitch that to them.
Maybe make that part of their criteria.
So as far as I'm concerned, I don't really know of anything
that I can think of off the top of my head and
outside of the city parking lot right out here in front of
City Hall, which it's not even occupied on Saturday.
That would be off the table from a place to give them some,
not temporaries in a year,
but if we're going to use the other side of the parking lot
, the other side of the street on McKinney, the old tax
office,
that's going to be because we're going to build a facility
there. Right now it's a parking lot.
How far away are we from building a facility if we build
one over there?
I mean, I've heard five, six, seven years between design,
bond funding, things such as that.
So if this is the way I do business, if somehow I've made a
mistake or
something's happened that I have to take some
responsibility for that causes somebody to experience
something that they may not have anticipated or they relied
upon.
I think it's incumbent upon me to go that extra mile to
ensure that number one, that doesn't happen again.
And to ensure that I make sure that they're made whole to
some degree.
So I don't have that same kind of sense of what's on the
table and what's off the table.
We all had a reason for that a year ago.
We all had a reason for deciding what we did today.
So that's the answer to that question.
It's a long-winded answer to say, no, I don't have those
same feelings.
I'd say everything's on the table as far as I'm concerned.
Because if we have a list of options and we have the pros
and cons of each one,
then we can choose together with our partner which one will
be the best win-win for all the people involved.
Does that give you at least my direction?
Okay, all right.
Anybody disagree with that direction?
>> Can I make sure I've got it straight?
>> Council member Bagheri's got to disagree.
Here she goes.
>> You're going to have to count every single parking space
in all of downtown.
I'm joking.
>> Yes.
>> I think there's still some lacking of direction given
that we've entered into design for that spot.
I'm assuming we're saying put a pause on it, any further
work on there.
But keep in mind, part of the synergy was we bumped up a
parking lot reconstruction that probably on its own,
probably wouldn't have made budget priority last year, just
from my perspective.
Had that just been on the table, we heard of all sorts of
parking lot issues.
So does that go back into the pot for reconsideration,
whether or not we're going to invest in that?
What are we telling them in terms of doing with the parking
lot, which we've started engaging on already?
>> I think we can do what we've done for a year.
We issued the bonds, we haven't made a decision.
Nobody's screaming to get that money.
It can toll right now the decision on that.
If we come back, we certainly don't spend the money.
We don't spend the money because if we decide that's the
route to go, then we need to have it available.
This has been a year process, we're talking 60 to 90 days.
I think we're not going to have to worry about what to do
with that money.
It's there, we just can't spend it.
Because we may need it.
If we find an alternative site, it may be something that we
could use that will help us improve some city asset and
at the same time accomplish the same result, the same goal.
Is that?
>> Yep. >> Yep, okay.
>> Okay, let me make sure that I understand what the
direction is.
So we'll go back with the committee and look at any number
of sites,
including sites that were eliminated in the previous
process.
Any additional sites that maybe weren't available last year
and
any other sites that maybe we have become aware of.
Come back in 60 to 90 days to council with pros and cons
related to those sites.
>> And we also need to be aware that the community market
has not made a deal yet with the county for next year.
And that we may be on the hook for a super temporary site.
>> And I'll add in consideration of temporary sites for
2017.
>> Yes, Council Member Gary.
>> And definitely an identification of all of the
stakeholders for
each site that would need to be a part of the decision
making process.
>> Okay.
>> Okay, any other questions on that item?
Fantastic, Jessica, thank you so much for a very thorough
and great presentation.
I appreciate that.
And whenever we need parking counts.
>> I'm your girl.
>> You're the person.
Let's take a eight minute break till four o'clock.
>> I gave it to you so I don't have it.
>> All right, wanted to reconvene this meeting of the Dent
on City Council on August the 2nd, 2016 at 4.05.
We will now move into closed session.
Pursuant to Texas Government Code.
Hold on.
I'm just going to go by this.
Pursuant to Texas Government Code Section 551.071, which is
consultation with attorneys.
Pursuant to Texas Government Code Section 551.086,
which is certain public power utility competitive matters.
Under section-
>> Real estate.
>> Real estate, where's that, right here?
Under section 551.072 of the Texas Government Code
regarding real property.
>> We got one more, which is the personal matter on your-
>> Yeah, that's the way.
Right here.
And then under Texas Government Code, section 551.074,
which is deliberation regarding personnel matters.
[BLANK_AUDIO]
Good evening, everyone.
I want to welcome everyone to this meeting of the Denton
City Council on August the 2nd, 2016.
It is 6.32.
If you join me and stand with me if you're able to pledge
allegiance to the American and the Texas flag.
[BLANK_AUDIO]
[BLANK_AUDIO]
>> Are these where the-
>> I'll get this where they are now.
Okay.
All right, we-
Sure.
My table's gone.
Okay.
I hid behind it.
Now it's gone.
We've got a couple of proclamations and presentations.
One, the first one is the Sydney Allison Award from the
Water Environmental Association of Texas,
presented to PS Aurora for significant contributions to
engineering,
operation, and maintenance of wastewater collection and
transportation.
[BLANK_AUDIO]
This is this one right here.
Okay.
All right.
Well, I'm gonna present this to you and then I'm gonna say
a few words and I'm gonna let you say a few words if that's
okay.
First of all, introduce yourself and any staff that you
have here.
>> I'm PS Aurora.
I'm just a director in the Water Department.
I don't see anybody here right now.
>> All right.
Well, this is an award, the Sydney L.
Allison Award, which is presented to PS Aurora from the
Water Environment Association of Texas for
significant contributions for the engineering, operation,
and maintenance of wastewater collection and transportation
,
April the 20th, 2016.
I want to present this to you.
Let's give PS a big round of applause.
[APPLAUSE]
Now, I'm gonna brag a little bit on PS because let's face
it,
wastewater collection is just not the thing that's on
everybody's mind or that everybody thinks about,
but that everybody uses.
All right.
And PS and his crew have done a tremendous job of making
sure that our wastewater collection system,
water system, are up to date, are quite frankly probably as
advanced as any in the state for sure.
In fact, PS, and correct me if I'm wrong, you're used as an
expert on many of these EPA matters and his
contribution to the city and some of the issues that we
faced has just been outstanding and has certainly
saved the city not only a lot of money but also really
propelled us to the forefront of this kind of technology.
So I want to thank you personally for that because I think
it goes sometimes unsaid.
You don't see these pipes.
You don't see these systems.
They're underground.
But what you do for our community and what your staff does
is so greatly appreciated.
And so I want to thank you very much for that.
Thank you.
Would you like to say a few words?
[APPLAUSE]
If Justin is listening in home, I guess, the collection
system manager.
Our sewer system is about 525 miles.
And if you were to put it end to end, it will go from Dent
on and pass Kansas City.
So it is a substantial asset.
If you look at the cost, over $425 million.
So it's a big asset that the city has a lot of investment
in it.
And until a few years back, they really wanted a good way
to do a master plan level work for rehab of existing sewer
lines.
We could do capacity.
We had good models.
But prior to that, there was nothing.
Since 2008, we've spent about four years putting together
asset management program.
And we used some software which was really a first because
we used the first scraps model from VIRF.
We were the first in the country to do that.
We used a full asset management model.
We were the first in the country to do that.
Big cities, Cincinnati, Fort Worth, they bought it.
They hadn't implemented it.
We were the ones to implement it.
So what has happened now since 2012, we have a fully
functioning asset management program.
And that has allowed us to have a full master plan.
We know now what we need to do with every pipe in the city
from manhole to manhole.
Whether it is nothing to do because the pipe is good or
there is something to be done, whatever it needs to be done
.
And as part of that, we have made numerous presentations.
EPA sponsored conference in Austin, Texas Water.
I went to Cincinnati last year in national conference.
We have done two webinars on the program.
We did one just two weeks back where we had over 375 people
signed up, which are really 375 entities,
which are cities and consulting companies around the
country and outside the US who participated in the webinar.
So I did that with one of our staff members, which was very
well received.
We got good comments and good questions out of that.
So we continue to do that.
We are going to Austin in two weeks and we're presenting
two more papers.
So we'll continue to do the work.
Thank you.
Well, absolutely.
Well, P.S. and his staff are a great example of the
employees that we have here at the city of Denton.
Thank you so much for your service and the innovation that
you've brought to our community.
Thank you again.
Thank you, P.S. You bet.
OK, the next proclamation I have is for the participants in
the Mayor's Summer Youth Program.
So if you're a participant, if you will come on down and
stand here beside me and we're going to give you a chance
to introduce yourself.
I'm very proud of this.
Don't be shy now.
Don't everybody hide.
OK, come on.
All right, we're going to go down the line.
And if you would introduce yourself and where you worked
this summer and what school you're from.
My name is Oscar and I go to Billy Ryan High School.
And I worked at Best Western.
My name's Ali Pigman.
I go to Billy Ryan as well.
And I worked in Denton Parks and Rec.
I'm Josefina Corona.
I graduated from Billy Ryan and I work for the fire
department.
I'm Cheyenne and I go to Denton Ryan High School and I work
at the community health clinic.
My name is Noah Bernal.
I graduated from Gaia High School and I work with Denton
Television.
My name is Juliana Robertson.
I graduated from Billy Ryan and I work at City Hall.
My name is Sierra Majors.
I graduated from Billy Ryan and I work in the human
resources.
My name's Josefina Charter.
I attend Billy Ryan and I work at animal services.
My name is Jesse.
I go to DHS and I work at United Way of Denton City.
My name is Georgia Waters.
I worked with Denton Community Improvement Services with my
fellow intern Tyler who could
not make it today.
Well, this is just a small representation of those that
were working in the program.
I believe we had about, was it 30 or around 30?
And this is the second year of the Mayor's Summer Youth
Program, which is a partnership
between the City of Denton, United Way, and the Chamber to
find employment for youth in
the summer.
Our pilot year we had 11.
So this year we had close to 30, almost triple that.
So if you're here with one of these participants, if you
could just raise your hand so we can
recognize you as well.
Thank you all.
Thank you all for being here.
Absolutely.
Well, I'm going to read this proclamation, then we have one
to give to each one of you.
"Greetings, whereas in the summer of 2016, the City of Dent
on, United Way of Denton County,
Denton Chamber of Commerce, and Denton ISD continued their
partnership to support the
Mayor's Summer Youth Jobs Program.
And whereas working a summer job as a young adult is a rite
of passage that provides valuable
experiences to prepare young people for their future
careers.
And whereas providing summer jobs to youth in the community
is important in establishing
professional and personal character for young people and
developing the leaders of tomorrow.
And whereas 30 students were placed in the jobs in the City
of Denton organization and
throughout the community, and whereas these students
committed eight weeks of their time
to performing jobs, learning about various career fields,
and developing professional
skills that will serve them as they enter adulthood.
Now, therefore, I, Chris Watts, Mayor of the City of Denton
, Texas, do hereby proclaim August
2nd, 2016 as the Mayor's Summer Youth Jobs Program Day in
the City of Denton and ask
all residents to honor the 2016 participants of the Mayor's
Summer Youth Jobs Program for
all their accomplishments and admirable representation of
Denton.
Thank you all very much."
[Applause]
And I just want to take a moment to thank Kayla Stewart,
United Way, and Jessica Rogers
with the City of Denton and the Chamber and DISD because
they really worked hard this
year.
This was a resounding success that we just continue to
build on it.
And thank you so much, Gary.
Thank you for your leadership with United Way.
So thank you all very much.
You're the heart and soul of this program and I really do
appreciate that.
So we've got a proclamation for each of you and we'll mail
those who are not here their
certificate as well.
So thank you all very much for participating again.
Good to see you again.
Thank you.
Thank you all.
Did you have fun though?
That's the key.
You had fun.
Good to see you.
Thank you.
Thank you.
Good to see you again.
You bet.
Good to meet you.
Thank you all very much.
Thank you, Jessica.
Thank you all very much.
I appreciate it.
Thank you all very much.
Thank you.
Thank you all very much.
I appreciate it.
Thank you all very much.
Thank you.
Good to see you again.
Good to see you again.
Thank you.
Good to see you all very much.
Thank you.
Good to see you again.
Good to see you again.
Good to see you all very much.
Good to see you all very much.
Good to see you again.
Good to see you all very much.
Good to see you again.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Good to see you all very much.
Okay.
We'll go on to agenda item number three, which is
presentation from the members of the public.
Are we going to play the intro to that?
The Denton City Council has adopted rules of procedure,
including a code of conduct,
which applies to citizens as well as council members.
These rules were enacted to promote an orderly process and
to preserve decorum.
Here is a brief review of the rules that apply to citizens'
reports.
Citizens will have four minutes to give a report.
There will be an electronic beep when time has expired.
If the remarks are not concluded by that time, the citizen
will be asked to stop speaking.
If the citizen does not cease and a second request is made,
the mayor will request to
have the citizen removed from the council chambers.
Citizens are asked to not approach the dais.
If a citizen has papers or other materials to hand out to
the council, please let the
city secretary know, and she will have a staff member
distribute the materials to the council.
The attorney general has ruled that council members may
listen to citizens speak and may
ask questions of citizens for clarification of the issue.
Council members will not engage citizens in discussion of a
topic, because to do so could
potentially be a violation of the Open Meetings Act.
When speaking to the council, citizens are to direct all
remarks and questions to the
council as a whole and not to any individual member.
Citizens refrain from making abusive, personal, impertinent
, profane or slanderous remarks.
Anyone who violates this rule will immediately be removed
from the council chambers.
Citizens' adherence to these rules will help make an
effective presentation and will preserve
the order and decorum of our proceedings.
Copies of the rules of procedure are available from the
city secretary.
We will move on to our agenda item 3C, which is an open mic
.
We just changed the rules on that, I believe, just recently
.
So, Madam City Attorney, if you wouldn't mind reading that,
and then we'll proceed.
Just want to get people familiar with the new process.
Right, Mayor, this particular item relates to our open
microphone.
So for the interest of the citizens, I will read that so
that we can all become familiar
with it.
It reads as follows.
At the beginning of the regular meeting of the city council
, up to two persons who have
not registered to speak, as above described being prior
registration process, may make
comments to the open microphone procedure.
Such persons shall have filed a blue card requesting to
speak during this period prior
to the calling of this agenda item.
At the time the city council calls the open microphone
comment period, a person may present
himself or herself and make public comments regarding
public business.
Provided, however, such persons shall not be allowed to
speak to items on the current
agenda in light of other established procedures for taking
such comments as specified in these
rules.
All right, thank you.
We do have a speaker, Mr. William, is it William?
Is it Frenkel?
Yes, if you'll come on down.
And I understand you're going to speak on the issue that we
talked about in work session.
So I'm going to make an exception just because this is a
new rule.
And for this one time at the beginning of the new rule, I'm
going to go ahead and let
you speak on something that is on the agenda because you
filled out a blue card.
I saw you sitting in there, so I wanted to give you that
accommodation being the first
time that we really implement this rule.
All right.
Well, thank you very much.
Yes, sir, if you'll just state your name and address, your
time will begin.
Thank you.
My name is William Frenkel and I live at 1304 West Hickory,
108.
And I've lived in Denton for about 17 years and I've been
involved with the market since
the beginning.
I went to meetings and helped put together fundraisers to
get the market started and
booked music as I began, volunteered there many ways,
worked in four booths there at
the market, one of which I'm the sole proprietor of this
business.
I'm currently not operating to further my studies and
education to get towards a food
manufacturing license, which I want to operate in Denton.
And so I just wanted to thank you all for your continued
support with the market and
just ask you to fully recognize the value that the market
brings to Denton in so many
ways for us local residents and people abroad.
I think it's other markets just can't compare when it comes
to the quality and diversity
of the products offered and it's an amazing thing.
So I just want to thank you all very much for what you all
do and really consider what
it brings to the city as a whole.
And I look forward to the new location.
And I hope we can find something sooner than later.
But I understand it's a lot of factors to it.
So I hope we can find the best place for everyone.
Great.
All right.
Thank you all very much.
Thank you.
You bet.
And just want to encourage the citizens who want to apply
for Open Mic to just continue
to re-familiarize themselves with the new rules.
So thank you very much.
Appreciate that.
We've got I think that concludes our public portion of the
agenda, public presentation
for members of the public.
We go now to agenda item four, which is consent agenda.
Councilmember Hawkins.
Thank you, Mayor.
I move approval of consent agenda items A, C, E, F, and H.
We're going to be pulling
letters B and G for individual consideration.
And item D, I believe is pulled for August 16th.
Yes, I believe that's correct.
All right.
We have a motion.
Mayor Pro Tem Roden.
Second.
We have a motion and a second for approval of the consent
agenda as enumerated by the
motion.
And we're pulling items B and G for individual
consideration and D, I believe, was being
pulled altogether.
Is that correct?
All right.
All right.
Let's vote on the board, please.
Motion carries 7-0.
We will now circle back around to those items that have
been pulled from the consent agenda
item for items of individual consideration.
The first being agenda item 4B, which is considered option
of ordinance of the City of Denton,
Texas, amending the provision of Chapter 6, annals of the
Code of Ordinances, et cetera.
Do we have a staff presentation?
Actually, we're not -- no, we don't have a staff
presentation, but we do have people
here to answer questions.
And we do have a comment card, so someone wishing to speak.
So I think at this time I will take that public testimony.
And then if there's any discussion on staff, with staff or
the council, we'll proceed after
that.
So we do have a card for agenda item 4B.
Mr. Brian Bentley, if you'll come down, state your name and
address, and your time will
begin.
>> First, can I ask a question?
Has anything changed since the work session?
That's what I don't know what's happened since the work
session.
>> Well, I'm not sure.
I think we're going to have some discussion on that.
But what I would say is if you have comments, even if they
're the same in work session,
go ahead and reiterate that, and then we'll have a
discussion based upon that here shortly.
>> All right.
Great.
Thank you.
Council, my name's Brian Bentley.
I live at 2528 Jamestown, Denton, Texas, 76209.
I'm not going to repeat what I spoke about in work session.
Actually some comments were made later in work session that
I would like to comment
on.
And I'm going to have to paraphrase, because I don't have
the actual ordinance up here
in front of me, but we spoke about the definition earlier
today.
And in that definition, there's a phrase about agricultural
use or non-agricultural use.
I can't remember exactly how it's stated.
But there's an exception to the definition rule in there.
And the problem with that is that animals do not understand
zoning classes.
And they don't know where zoning boundaries are.
And we have residential zoning that might back up to an
agricultural use, just like
it backs up to our gas wells.
So that phrase in the definition is limiting.
And I'm not sure that it really solves the problem and does
anything good.
So I still have problems with the way the whole thing was
defined.
Anita Burgess made comments about a dog-on-dog attack.
And we got lots of lawyers in here.
And I'm sure there's more up here.
So y'all correct me if I'm wrong.
But my understanding is that under state law, whether we
like it or not, a dog is personal
property.
So if it's personal property and we have a dog-on-dog
attack, that's a civil matter
against two parties.
And that's a civil case.
So my question is, if you pass this ordinance, then it
looks like to me the city is involving
itself in civil matters between two other outside parties
and the city's becoming a
third party to the matter.
So the lawyers can work on that question and figure that
one out.
The next comment that was made after I spoke, city attorney
Stephanie Barry made it.
And she told you that they copied the language for the
definition from some other cities.
Well, as I've stated before, I've already objected to the
language used because, one,
it's open to interpretation.
Two, it's not written in the language that the general
public can understand and at the
level of reading level of the general public.
And if you want the general public, the citizens of Denton,
to understand your ordinances, you
have to write them to where the average person can
understand it.
That's the only way they can comply with the ordinance.
So but it also reminds me of the blind leading the blind.
So we say, oh, well, that city did it, so we'll do it too.
Well, what if they got it wrong?
Let's stop.
All I'm asking you to do is pull this from the agenda, stop
, take a look at it, and consider
what the definition is, how it impacts items.
And so I'll stop there.
Thank you.
>> Thank you.
>> Thank you.
Council Member Begari.
>> I have a motion to amend this ordinance that I'd like to
make.
>> Madam City Attorney.
>> Prior to the motion, if I could comment that we did hand
out a new ordinance and we
did take to heart the comments that were made earlier today
in the work session, we did
make some amendments, we did not make others.
The change that we did affect was related to the time
during which the complaint needed
to be filed and the objection was it related to business
days and the suggestion was we
change that to calendar days.
We agreed with that and we've made that change, that change
ordinance is before you and I
passed it out earlier.
We convened a discussion with regard to the definition and
we do not concur with the speaker
and so we stand on the definition that we set forth so no
changes have been made in
that respect.
But we wanted to make sure that the council knew what
ordinance was before them as you
take a look at this and take a motion on it.
>> Thank you.
And we do have a couple of requests to speak so I will take
, if you want me to, I'll take
your motion and then we'll have the discussion with those
who have requested to speak.
Is that okay?
>> [Inaudible]
>> That's right.
Yes.
>> Okay.
So the first amendment that I'd like to make is just to
clarify section 4, item 4, item
A4.
This is the honey bees section and it reads neighbors must
be notified that bees will
be kept on your property, semicolon and, and what I'd like
to amend this is to read immediate
neighbors just to clarify which neighbors because I didn't
see who constitutes neighbors.
>> What was your immediate?
>> Immediate.
>> Immediate.
>> Yeah.
And the second amendment was to modify section 7 and to
include a phrase immediately preceding
this paragraph stating that with the exception of a
violation of section 6-49 sub A sub 5
here and above any person found guilty, et cetera, et
cetera.
And what that would do is remove the honey bee registration
form completion requirement
from the $500 a day penalty.
The penalty would attach to the other items but not to the
registration portion.
>> Okay.
All right.
>> Point of order.
>> Yes.
>> She might want to punch in the motion so that somebody
could second it.
>> Okay.
Councilmember Gregory?
>> Second.
>> All right.
We'll go into discussion.
>> Councilmember Wasney?
>> Just want to emphasize thank you for bringing to our
attention the 30 business days that
we have taken out so that it now reads 30 calendar days
which is, you know, the way
it should read.
So again, thank you for having sharp eyes and bringing that
to our attention.
I appreciate that.
Thank you.
>> Councilmember Gregory?
>> Thank you, Mayor.
I would ask our city attorney to first of all just read the
section in section 1 regarding
the definition of enclosure.
If you would read that first of all without any kind of
interpretation.
>> Yes, sir.
Glad to do that.
That provision relating to definitions reads as follows.
Enclosure means a fenced area or structure that physically
blocks the escape of an animal
contained therein.
Additionally, in non-rural zoning districts an enclosure
must serve as a physical barrier
to the entry of adults, children and dogs.
>> So in a non-rural area does that mean that the enclosure
, and I'm going to use the word
fence, is constructed in such a way that it would not be
easy for a dog to gain entry
into the enclosure?
>> Yes, sir.
That would be accurate.
Children or adults.
>> It would not be easy for a child to gain entry.
>> That would be our reading, yes, sir.
>> Because people can climb over fences and things like
that.
Old people like me can't do that very well, but other
people can.
But it's serving as some type of physical barrier so that
the dog inside is safe from
people coming in and the people that might be inadvertently
wandering in are safe from
the dog that's inside.
>> Yes, sir.
>> Thanks.
>> That all, Councilmember Gregory?
>> That's it.
>> Okay.
Mayor Pro Tem.
>> I'm trying to understand the consequences of the motion.
So I guess I had a question for the motioner and perhaps
our city attorney as to whether
or not she and perhaps other staff concur with those
changes prior to voting.
So can you recite again what you added previous to Section
7 and what the result of that change
is?
>> I added with the exception of a violation of Section 6-
49A5 here and above.
I think I got that right.
And then the rest is the remaining part of the ordinance.
And the effect would be that there couldn't be a penalty
assessed for failure to register
-- complete a registration form and submit it to the City
of Denton.
It's not that it wouldn't be illegal.
It's still illegal.
There wouldn't be up to $500 a day penalty attached to it.
>> So what's the point of having an ordinance?
I'm trying to understand this.
If you have that as a provision of your ordinance yet there
's no penalty associated with it,
what's the value of having that written in there?
Are you saying you don't agree with having to have a
registration?
>> I have no problem with the registration.
I, however, think that a lot of times people fail to
register for reasons that are happenstance,
for lack of a better word.
And I'm not comfortable allowing a fine of up to $500 for
something as simple as failure
to register.
>> I get it.
The question then goes to the City Attorney, and is that a
normal way?
Do we typically write ordinances where we don't have any
penalty provision associated
with the particulars in that ordinance?
And then the follow-up question would be, probably have a
similar provision as it relates
to registering backyard chickens.
Does that also contain this?
And if not, why aren't we being consistent?
>> We typically don't carve out a provision with regard to
the penalty provisions.
What I typically see is that the penalty provisions apply
to the entire ordinance in each part
thereof.
This is not even carving out the entire 6-49 as I heard the
ordinance motioned.
It rather carves out 6-49 and one small provision, which is
the registration fee.
So it's a very small carve-out on the penalty assessment
under this ordinance.
But nonetheless, it is a carve-out.
I did have one issue.
I see Stephanie Berry, and I've got to let her speak, and I
have another issue, and she
may address it.
If you don't mind, let me call on Stephanie Berry with
regard to this issue.
>> Actually, I would have a suggestion about the honeybee
registration.
We have several offenses that are classy level, that are
dismissable without a fee or fine, if they're corrected.
One is, if you get your animal registered and bring it to
court, there's a dismissal without a fee.
If you don't have insurance with you and bring it to court,
that's dismissable without a fee.
So it could either be written in the penalty provision or
in subsection five itself.
Any violations for subsection five shall be dismissable
without a fine if the registration is completed within 30
days.
Something like that would be a suggestion.
That way, you have some way to make sure they actually
follow through with getting them registered.
>> Yes, Councilmember Gary, you bet.
It's kind of like bringing your driver's license or
insurance or your animal registration to the court.
You don't pay anything.
>> I'll modify my motion to amend.
Motion to amend as Ms. Berry indicated regarding the, what
is, how did you call the provision?
>> We could either write it in subsection five itself.
Any violations for this subsection shall be dismissable
without any finer costs with proof of registration.
It might be the cleanest way to do it.
>> Exactly, as she stated.
Also still keeping the clarification of neighbors as being
immediate neighbors.
Thank you.
>> Was there another issue, Madam City Attorney?
>> I think with that correction, it would address my
concern as well.
>> Okay, all right.
>> So I will hold my piece.
>> Okay, Councilmember Gary, you've got signed up to
request to speak.
That was from your previous one, okay.
Councilmember Gregory.
>> As a seconder, I'm okay with the change in the amendment
, but
I do have a question as to why we register Bs anyhow.
And that's more of a curiosity than it is anything else.
Why do we do that?
>> Let me call on Catherine Barnett.
She's been working on the kind of the B part of this
ordinance.
When we were working with the Denton County Beekeepers, we
talked about the registration process.
And we went back and forth with it.
But they were very happy with the registration.
In case we ever do mosquito spraying, we can notify them.
We can put them on the GIS map and notify them and let
people know.
And then if there's loose bees, we know where to look.
>> What a great explanation.
It's not to try to do something bad to people.
It's to try to notify them to give them some heads up if we
're doing something.
>> Yes, sir. >> That's great.
Thank you.
>> Thank you.
One question I have on the amendment to subsection four
about neighbors.
You said immediate neighbors.
I understand what that is.
I mean, are you wanting just those adjacent to the property
?
Or is there so many people, so many feet out from that?
I guess if the idea was adjacent, I would think that that
might be, but
I don't know what your intent was with that particular term
.
>> Just to firm it up so you don't have to notify the whole
neighborhood.
I mean, I think it's really vague the way that it's written
in terms of who
consists of a neighbor and who you're required to notify.
>> Okay, so to use the word immediate,
what did you have in mind as far as who to contact?
>> Next door, front, back.
>> So adjacent?
>> Yes. >> Yeah.
Would you be okay with that, with that particular change
adjacent?
>> Yes, I'll make that change.
>> Okay, all right, thank you.
All right, any other questions on it?
Is that change okay with the second as well?
I guess that's a yes.
Okay, all right, yes.
>> Yes, Mayor, it is because I don't want people to have to
be notifying the good
Samaritan who is also our neighbor.
>> Okay, okay, all right.
>> It's just things we have.
>> It's crickets out there.
Instead of bees, it's crickets.
Okay, so we've got a motion and a second with the
associated amendments.
Does staff have the amendments that have been requested or
do we need to go back over?
You got those?
Okay.
So let's vote on the board, please, for agenda item 4B.
Motion carries 7-0.
We'll go now to agenda item 4G, which was an item for
individual consideration.
Consider adoption of an ordinance of the City of Denton,
Texas granting a three year exception to Section 17-20 of
the Code of Ordinances of the City of Denton, Texas.
With respect to sound levels and hours of operation for the
North Texas State Fair and Rodeo held at 2217 North Carroll
Boulevard.
Do we have a?
>> No, I'm sorry, Mayor, we don't have a staff presentation
, but
we do have Emerson-Varro to answer any questions that you
may have on this item.
>> Okay, Council Member Baguier.
>> I pulled this from the consent agenda for individual
consideration.
The reason being, it's quite personal, it's just loud when
they have the fair and
I'm not comfortable granting a variance, or not a variance,
an exception to go all the way till 11 PM for the noise
variance.
As I understand it, that's what's being requested here is
exception to the noise ordinance on Sunday from 11 AM to 11
PM, not to exceed 70 decibels.
So I'll move to strike that portion with the understanding
that maybe we need to have a discussion, maybe not.
>> Okay, so what you're wanting is to exclude Sunday or, I
'm sorry.
>> The decibel.
>> The decibels.
>> The 70, not to exceed 70 decibels.
>> Two things, the decibels and how late it is.
because as I understand it, they're only asking for an
exception for Sunday on the decibels, I think that's
correct.
>> Is that, I guess we need some clarification on that if
we have staff.
>> That is correct in their letter.
They said that they would not exceed 70 decibels.
>> Are they only asking for that exception on Sunday?
>> They're asking for that exception for all days.
>> Okay, yes, that's what I was saying.
>> Okay.
>> Yeah, Friday.
So that means during the hours of operation on Monday
through Thursday, it's till 10 from 10 to midnight.
>> Till midnight.
>> And Friday and Saturday is till 1 AM and then Sunday is
11.
So they could, the request is to go above that, not to
exceed 70 decibels any time they're in operation, is that
correct?
>> Correct.
>> Okay.
>> I have a question for him.
>> Yes, Council Member McGarry.
>> What is the normal, what are they asking to exceed?
>> Most of the festivals along this line, which is how this
would be classified, have asked for 70 decibels.
That's been pretty much what the council has held the line
at.
>> And then without that exception, what would their deci
bels be at?
>> 65.
>> Okay, and for most of the festivals, do they go until 1
AM or midnight?
>> Typically not quite that late, typically midnight.
>> Okay, thank you.
>> Council Member Briggs.
>> That was my question about the normal decibels.
>> About the what, I'm sorry?
>> The normal, what it is normally, and I think it's 65, is
that what he said?
>> Mayor Pro Tem?
>> I guess to clarify as well, well two things, and this is
a question for you, Emerson.
One is, sorry, I didn't get called on.
There's a time element to this too, beyond the decibel,
right?
I mean, so I guess to clarify, is 65 allowed 24 hours a day
by law?
>> No, it's typically till 10 o'clock at night.
>> Right, okay, so they're asking for both a time and a
decibel change.
>> Yes, sir.
>> Is this any departure from what they've asked the
previous decade or whatever?
>> They've asked for since 1995 and council has.
>> And it's always been approved?
>> Yes, sir.
>> Okay, thank you.
>> Council Member Hawkins?
>> That was my question, so.
>> I guess for me, it's an exception for three years.
Have they come in three year increments or has it been
yearly before?
>> It's been three year increments.
>> All right.
Okay. >> Since, well, since.
>> 2004, three year increments.
>> Council Member Begarry?
>> Okay, so I want to just clarify and maybe change, let me
change up the motion.
I'm really only concerned about the timing of it going till
1 AM, so
I'll move to not have it exceed midnight on any night.
I mean, it's very loud from my house.
This is the reason why, because I can't sleep.
>> Okay, so what you're saying is not to exceed 70 decibels
is okay, but
you're asking for the time limit of midnight, is that
correct?
>> Yes.
>> Okay.
Council Member Hawkins?
>> And they've requested up till 1 AM since 2004.
It's the very uniform request that they make?
>> The request, that request goes back to 1995.
>> '95, okay.
Thank you.
>> Council Member Briggs?
>> Do they have to get any approval from the neighbors or
surrounding?
Do they have to, for this?
Or is that something that we- >> No, ma'am.
>> Ever send out to neighbors to, because I used to live
there as well.
So I'm just curious if it was something that they have to
notify.
>> Just council approval.
>> Okay.
Mayor Pro Tem?
>> I guess my concern for my colleagues at this point is,
perhaps if you have concerns on this moving forward, I
think if the tradition's been over the last decade to allow
this,
this is coming up in a couple weeks, and my guess is they
've got scheduled performers.
There's probably the assumption that council, like we have
for the last decade, would move forward, even though we
have the choice to change that.
I would think there would be a bit of disruption this year
in making that sort of a change this late in the game,
without any signaling ahead of time that we had an intent
to change that standing tradition.
So that's just my thought as we move to vote on this thing.
I won't be supporting this.
>> Councilmember Briggs?
>> May I speak to Councilmember Begheri?
Would you be okay with the one year, and then we can reeval
uate next year with this exception, as Councilmember Rodin
says?
>> I think that's fair.
>> Okay.
>> Okay, so are you saying that?
>> So I will withdraw my motion to strike the time limit,
and I will just ask that I'll move to make this a one year
provision as it's written.
>> Okay.
Councilmember Wasney?
>> When you plan events, you plan events years in advance.
When you book venues to come and play at a state fair, you
're booking events one year, two year.
I think it's the reason why they come in as for three year
increments, so
that it allows them to sign contracts with performers who
come to the fair and
I think we're tying their hands unnecessarily by trying to
limit this to a one year.
I understand the noise.
I also understand the fair is an integral part of this city
.
When I come back to the event planning portion of it, that
you can't
sign contracts moving forward with any certainty
if you only have a one year contract in terms of hours of
operations.
So I feel we should go back to the three year contract,
which is what they've had to allow them to plan their venue
and
performers who come in and allow them to sign those
contracts.
>> Councilmember Hawkins?
>> If the one year motion fails, what happens next?
Are we able to vote on the original?
Okay.
>> Right, you can circle back on another motion if this one
fails.
>> Thank you.
>> I do just have a question of clarification on the
ordinance where it talks about changing
the hours of operation from 10 PM till midnight to 1 AM and
then to 11 on Friday, Saturday, Sunday.
That's always been requested because that's where the 65
decibel cuts off is at 10.
>> At 10 o'clock.
>> Okay, so they've always asked for that.
It's not like they've only been open till 10.
>> The 70 cuts off at 10 o'clock.
>> Okay, 70 cuts off at 10.
Okay.
Okay, we have a motion on the table.
Do we have a second?
We have a motion on the table.
I'll call for a second one more time.
Do we have a second?
Okay, the motion on the table fails for a second.
Chair would entertain any other discussion or motion?
I don't see who's.
>> Yeah, I don't want to clear it.
>> Yeah.
Council, Mayor Pro Tem?
>> Mayor, I move approval of agenda item 4G.
>> Councilmember Wasney?
>> I second the motion.
>> Okay, Councilmember Briggs?
>> I'm going to vote for this this time, but is there any
way that in three years,
the council would be put in the same position if they did
want to make a change?
Is there something we can do to address the future?
I mean, is there a discussion that can start taking place
or?
I mean, I'm just kind of throwing it out there because I
don't want the same discussion to be in.
And if there is an issue with the neighbors, for them,
their concerns not to ever be addressed.
>> Thank you.
Councilmember Begari?
>> Question for Mr. Vorall.
Do you get complaints about the noise or is this really
just me up here?
>> Well, there are always a few complaints.
I mean, it would be better to ask the chief about that.
I don't receive those complaints, but I understand anecdot
ally that there are always a few.
>> Okay, thank you.
>> Would you like for the chief to address that, Council
member Begari?
Okay, all right, thank you.
Well, I think it's a good idea to help us maybe even in to
understand what the nature of the complaints are,
how many there are maybe after one this year, just a brief
informal staff report of hey, we had this.
So we'll have additional data, but I'm in favor of the
current motion on the table as well.
Any other questions before we take a vote?
We've had a motion and a second on agenda item 4G.
Let's vote on the board, please.
Item carries 6 to 1.
We'll go to agenda items 5, which are items for individual
consideration.
We'll go to agenda item 5A.
And I do have an additional nomination there once, I'm
sorry, go ahead, Howard.
>> Well, I was going to ask Jennifer Walters, our city
secretary, to handle this particular item.
>> Well, Mayor and Council, you discussed this in your work
session and
the names that you provided were added to your nomination
list.
And as the mayor said, he has indicated that he does have
another name he would like to add.
>> Yes, would I do that at this time?
>> Yes, please.
>> All right, I believe it's to the Community Development
Advisory Committee.
So if you would verify this name so I just don't appoint
the wrong person to the wrong committee.
It's the current incumbent, Mary Beth Cottingham.
>> Mm-hm.
>> And she contacted me and she wishes to continue to serve
.
>> Thank you.
I've made that note.
And then any new individuals that you are going to be appro
ving,
I assume in the near future.
Those people, if they have not submitted an application, we
will ask them to do so.
And then the approval will be on the basis of that they
pass all of their
preliminary requirements to serve on the board.
>> Okay, any questions for the city secretary on this
agenda item?
Seeing none, Council Member Gregory.
>> I move approval of the revised list with the conditions
as explained by our secretary.
>> Council Member Hawkins?
>> I'll second.
>> I'm sorry, yeah, we got a public speaker, so I apologize
.
Is it Sean?
Is it Treat?
I'm sorry, apologize.
It was sitting up there, was it?
Treat, okay, I'm sorry.
Yes, come on down and state your name and address and your
time.
And we do have some other cards that we'll read into the
record.
>> Yes, thank you.
>> John Treat, 3508 Pheasant Hollow here in Denton.
Distinguished members of the Denton City Council, this past
Saturday,
Amber Briggle announced on her Facebook page while she was
out of town on vacation
that Councilperson Wasney intends to replace her as chair
of the Planning and Zoning Commission.
For several compelling reasons, I strongly urge my Denton
neighbors and
the elected members here on the City Council to renounce
any attempts to prematurely replace
Amber Briggle as chair of the PNZ.
First and foremost, Amber has served on this commission
with undeniable distinction for
several years as a volunteer commissioner, then as vice
chair.
She has been an exemplary citizen servant, earning
bipartisan respect and
admiration for her willingness to listen, inform, advocate,
and
engage diverse Denton citizen groups and concerns.
Amber has won the trust of her Denton neighbors and civic
groups through her
gregarious public advocacy on issues like bicycle
accommodations, smart municipal
growth, neighborhood protections, engaging civic
organizations, advocating tree canopy
and green space zoning, as well as her work with the Denton
League of Women Voters.
Her numerous civic awards and accomplishments are testament
enough to her
high esteem across diverse Denton communities, even beyond
her district.
Second, Amber's hard earned institutional knowledge and
informed deliberation should not be so quickly dismissed
because these crucial
attributes for PNZ are not so easily replaced.
It was the respect of her fellow commissioners and citizens
, we should recall,
that earned her unanimous bipartisan support when they
elected her to positions of vice chair and
chair of PNZ.
Amber is a rare studious voice who listens first and then
invites civil deliberation to far
reaching decisions of the PNZ upon policies that impacts
all Denton districts.
That this influential voice belongs to a rare woman within
what some Dentonites have
derided as the City Council Boys Club, which actually prior
to recent elections may have been true,
but we're glad to see the mix up.
But I would think it should still require our
representatives to offer some very compelling
reasons indeed for suddenly replacing such a qualified
candidate with an untested novice.
So third and finally, I wish to voice profound skepticism
over the choice of Stephen Sullivan
as the nominator replacement for this very key position
within Denton city government.
Not only has Sullivan failed to demonstrate any prior apt
itude or interest in PNZ,
much less show any active engagement with city council, he
is the father of a highly
controversial political lobbyist and president of Empower
Texas, an extremist free market
political action committee under numerous investigations by
the Texas Ethics Commission
and openly committed to dismantling local control by infilt
rating municipal and state
governance.
This is not tinfoil hat mudslinging, but this is public
record.
I've included this in the comments that I sent you.
Sullivan has publicly served as a treasurer for a Corinth
mayoral candidate whose sparse
campaign website touts basically misspelled promises that
reek of this Empower Texas boilerplate
for these candidates that they fund.
So additionally, Stephen Sullivan is also listed in
required Texas Ethics Commission filings
as a confirmed donor to Empower Texas.
Now, I want to make this point clear.
None of this may formally disqualify Sullivan other
existing conflict of interest regulations
or violate current ethics guidelines, which Empower Texas
has admitted is too vague to
be enforceable on the group.
Nor should political affiliations alone ever disqualify--
Sean, your time is up.
Could you go ahead and wrap it up, please?
One more sentence, sir.
Okay.
Yet, these available facts should be enough, I think, to
give citizens and our representatives
some cause for serious deliberation before offering up to
Sullivan an unqualified appointment
to a powerful position that does indeed champion and
regulate important mechanisms of local
control for the city of Denton.
This is not a library.
This is not a--
Yes, sir.
Thank you.
I appreciate it.
I'm sorry.
Your time is up.
Thank you.
We have two white cards which are indicating that you wish
not to speak, but I will read
your name into the record and any comments that are written
on the card.
Timothy Stoltzoff-- I'm sorry if I didn't pronounce that
correctly-- at 3004 Pecan Tree
Drive, the box is checked opposition with no other comments
.
Melissa Carr, 3508 Pleasant Hollow, I think, Denton, Texas.
She's in support.
I support keeping Amber Brighill on the PNZ and oppose
Stephen Sullivan.
So those are the only two cards that we have.
I thank you all for your comments.
We have a motion and a second on the board.
Let's vote, please.
Motion carries, 7-0.
We'll move on to agenda items 5B, conduct the first two
readings of an ordinance to
annex an approximately 0.375 acres, generally located on
the north side of Crawford Road.
Thank you, Mayor.
Amy Bissett, our Director of Development Services, will be
handling this item.
Thank you, Mayor and Councilmembers.
This is a first reading of an annexation ordinance
regarding a voluntary annexation.
I'll get it pulled up here for you.
The applicant is Ranchview Specialty Hospital.
This will be the first of two readings of an ordinance to
annex approximately 0.375
acres.
The location is on the north side of Crawford Road,
approximately 675 feet east of I-35W
Crawford Road on ramp.
The applicant is proposing a 45,000 square foot specialty
hospital with future medical
offices within phases.
The property currently is on three tracts of land.
Two of them are within the municipal boundaries and a third
is in the ETJ.
In order to facilitate continuity and consistent
regulations, it's been mutually agreed upon
to annex the property.
This is a voluntary annexation.
There is no action tonight.
This is simply the first reading of the ordinance, which I
will now read into the record.
An ordinance of the City of Denton annexing approximately 0
.375 acres of land, generally
located on the north side of Crawford Road, approximately 6
75 feet east of I-35W Crawford
Road on ramp.
More specifically described in Exhibit A and illustrated in
Exhibit B, which area abuts
and is adjacent to the city limits so as to include the
property within the city limits.
Granting to all the inhabitants of the property all the
rights and privileges of other citizens
and binding the inhabitants to all of the ordinances,
resolutions, acts, and regulations
of the city, providing for a correction to the city map to
include the annex lands, providing
for a severability clause, and providing an effective date.
Again, there is no action required tonight.
This is the first reading of the annexation ordinance.
The second reading and potential adoption of the ordinance
is scheduled for September
20th.
And with that, I'll be happy to answer any questions.
Any questions for the staff?
Council Member Gary?
Notice was provided twice, I'm assuming.
We've had public hearings on this previously.
That's correct.
Okay.
I'm sorry.
I'm sorry, green card, mailing, notice that you're going to
be annexed to that part of
notice.
They're voluntarily annexed.
Sorry.
So they have asked to be annexed.
I'm getting my flash across here.
Okay.
Any other questions for staff?
I believe we do have a person wishing to speak on this.
Thank you.
Oh, I'm sorry.
The next one.
That's the next one.
Huh?
What?
We are on 6B.
Yeah.
Oh, no.
That's a public hearing.
Never mind.
I'm sorry, Amy.
It's just been one of those days.
Yeah.
All right.
5B.
So no actions needed.
No one's here to speak on it.
So we will now move on to our public hearings.
The first public hearing is 6A because agenda item 5C was
pulled because we considered that
yesterday.
Yes.
Agenda item 6A is continue public hearing considered option
of ordinance of the City
of Denton, Texas regarding rezoning request for
neighborhood residential three district
to neighborhood residential six.
And this is a continuation of a public hearing.
So the public hearing is currently open.
And if there's anyone who is -- it's my understanding the
applicant wishes to continue this.
But this is a public hearing.
So if there's someone here wishing to speak on this agenda
item, please come down and
state your name and address and your time will begin.
Agenda item 6A.
Anybody wishing to speak on this continued public hearing?
Seeing none, chair would entertain a motion to -- I believe
the applicant's
requested a continuation of this public hearing.
Is that correct?
Yes, sir, to August 16th is my understanding.
Councilmember Hawkins?
I move to continue this item until August 16th's meeting.
Councilmember Gregory?
Second.
We have a motion and a second for continuation to August 16
th on agenda item 6A.
Let's vote on the board, please.
Motion carries 7-0.
Item 6B is hold a public hearing considered option of a
resolution regarding the proposed
site for construction, expansion, and use of an electric
power transmission distribution
substation located in the southwest area of the city of
Denton north of Farmer to Market
Road 2449.
Right.
Brent Heath, our executive manager of energy delivery, will
be making the staff presentation.
And I will open the public hearing.
Thank you, Mr. Martin, mayor, city council, good evening.
Project being discussed tonight is for a new underwood
substation that's located in southwest
Denton off of I-35W and Farmer Market Road 2449 adjacent to
Underwood Road.
The executive summary for this CIP project that we have is
similar to our other CIP projects.
We have aging infrastructure and we have growth.
You may have noticed a lot of growth in southwest Denton
down in the John Payne and Crawford
area there's country lakes north, country lakes west.
There's a water booster station and that provides all the
water to ropes and ranch and also
the fire protection.
Right now we have one substation that serves all of that.
Underwood substation would help that.
We have responsibility to respond to the growth in aging
infrastructure that both affect reliability.
We've had a public involvement process and we consider all
practical options.
Underwood substation is a budgeted CIP project that we have
.
It's located southwest Denton on this map.
It's shown here in the southwest corner.
It's project number 10.
We hope to have this built and online by fiscal year 2020.
We worked with power engineers, one of our engineering
consultants to prepare a constraints
map of where the substation site would be located to see
what might be the best possible
location.
This is a map that power engineers prepared.
This is the original map we took to an open house in
December of 2013.
There were several sites that kind of all overlapped around
Far Market Road 2449 which
is all west of 35W.
This is Underwood Road right here.
We looked at some type of a site somewhere in this property
or possibly over on this
adjacent property or over here.
These were the five sites that we took to the open house.
We immediately ruled out the dark blue site here because of
the steep terrain that slopes
off rapidly to the creek, the stream area.
It has sharp terrain due to some environmental concerns and
also physical accessibility of
equipment.
It's really primarily these four sites that we talked to
the citizens in the open house
in December of 2013.
From that discussion we learned some interesting things.
This next map will kind of zoom in here.
Once again this is 35W and FM 2449.
You'll notice the orange lines show the new proposed west
loop 288 as presented on the
city of Denton approved mobility plan.
We're taking that into account.
We also have some orange lines up here for a city approved
MPC for Coal Ranch master
plan community development.
We have the same original orange site shown at the open
house.
We have the light blue site over here.
We have a new proposed site called the green site north of
the orange site as proposed
by the property owner of this land as a preference.
Each of these sites have pros and cons.
There's no perfect site.
I want to give you a few of the pros and cons for each of
these sites.
The green site is surrounded by three transmission lines.
This transmission line here goes from our Denton west subst
ation to Fort Worth substation.
This line is an encore 138KV line and this line is a 138KV
line from Denton west Artie
Wells.
So this potential property that was identified by the
property owner has transmission lines
all the way around it.
Perfect location for our substation.
However, there is some steep terrain.
You may notice on the northeast corner of the property here
there's a hill identified
by the closed contour lines.
So therefore we would have to build some retaining walls
which would drive up the site preparation
cost.
The other site just south of that and adjacent is the
orange site.
One of the things about the orange site is it would be the
easiest to construct.
It also would have the lowest preparation cost because it
is the smallest site.
But it would set adjacent to the commercial development
that may occur once 288 frontage
is put in.
And the property owner said that this was a site that they
could not get behind because
of the frontage for commercial development.
The blue side option over here was the largest site and it
would fit within the master plan
community plan proposed by the city.
However, it would have to reroute a transmission line
around the west side and the north side
to get around it.
And so it would be physically the largest site we would
have to procure.
And it would potentially have the highest real estate cost
due to the more land.
And the property owner of this site has objected to this
site as well.
We kind of summarized all three of those into a matrix.
Side by side here's a little same map to kind of give you a
key index.
The orange site, the green and the blue.
The physical size of the substation would be either 4.1 for
the orange or 6.5 acres
within the transmission boundary for the green or 9.8 acres
for the blue.
The estimated cost to acquire the land, prepare the site,
build the retaining walls is all
within 800,000 delta here or 100,000 delta here.
So they're all fairly tightly grouped.
And the owner preference is based on the property owner
saying that would be the preferred site,
the green, if it had to go in this area.
Not that they wanted a substation, but if it did, that
would be the preferred site.
So the public involvement steps that we've had is we had an
open house in December 3rd,
2013 at the Civic Center.
We've met with the landowners.
We had a public hearing with the PUB on July the 25th.
And we had a, tonight we're here with the City Council for
the public hearing.
So the recommendation based on the open house, the
conversations with the landowners, the
preliminary site studies, the PUB's public hearing
recommendation that was unanimous
is to go forward with the green substation site.
With that, I'd like to, I'd be happy to answer any
questions now or we can wait until
after you hear from the public.
And one thing I do want to add is after the public hearing
and the council selects the
site that would be your preference, we'll come back for a
resolution with that after
we work with legal and we get the site selected that y'all
pick.
Council Member Gregory, do you have questions for staff?
Yes.
Thank you, Mayor.
Would you go back to the chart?
I think that the chart answered my question that I was
going to ask because my question
had to do with given the fact that the green site was less
expensive, probably less expensive
to buy, did that offset the increased cost of construction?
And it looks like it does to some extent.
Yes.
I think it does have a direct impact with that correlates.
Okay, thank you.
Council Member Hawkins.
Yeah, just a question about the open house and the meetings
.
I'm sure there wasn't a large turnout because there wasn't
a nearby neighborhood or something
like that.
Just the landowners were there.
Am I assuming that correctly?
That is correct.
We didn't have a very large turnout.
That was at the Civic Center.
Okay.
Thanks, Brent.
You're welcome.
Council Member Wasney.
These are the two large landowners that we're talking about
in this neighborhood.
Yes, that is correct.
The blue side is shown on the left-hand side in this area
would be the Coal Ranch property,
which would be from Underwood West, north of 2449, and they
have some land also to the
south of 2449.
And over here would be the Hillwood property that goes all
the way down into the Hunter
Ranch inspiration-type development.
So the green option is the Hillwood property.
Yes, ma'am, that is correct.
Thank you.
And there's not been any preliminary discussion on pricing
or anything like that with the
owners?
No, there has not.
Okay.
Okay, any other questions for staff?
Seeing none, thank you.
Okay, thank you.
And this is a public hearing.
We do have a card.
This is the card I inadvertently tried to call, and I'm
sure he didn't want to speak on the
voluntary annexation.
Craig S. – boy, you're going to have to help me with that.
I'm just going to say Mr. Craig, come up – is it Skade?
Okay, I'm sorry.
I apologize for that.
All right.
Get a little jargon in there.
It's Craig Scotty.
Oh, yeah.
Thank you.
Thank you.
State your name and address as you talk.
Good evening, Council.
My name is Craig Scotty.
I represent Hillwood and Alliance and Petrus Property, the
landowner for both the green
and the orange sites.
A few brief remarks here.
Address 13600 Heritage Parkway, Fort Worth, 76177.
Few remarks.
We've been working with DME for the past two to three years
.
All cordial.
We appreciate everything they've done.
Like the gentleman said, we don't want a substation on our
property, but of the two
choices, we are a proponent of the green, nestled in
infrastructure that's already
there versus the orange site, which has a potential for
development yield and economic
value.
The green site, from I guess the negative aspect of it,
that it's there, is it leads
to remainder tracks.
I don't know if the offer will be to purchase the two
remainder tracks next to it.
Those are the small triangles that we can't put to use that
'd be still within the boundary.
And then you've got zone for residential, the higher crest
to the northeast.
You've got residential lots that will look down on the
substation, which is not a plus.
But all in all, it is a good fit relative to the two sites.
And we have not received any offers, but we'll continue to
evaluate once we do and if we
do.
Any questions for the applicant?
I guess when you talk about the remainder tracks, the
triangles, are you talking about
the ones that are where that blue line is, those two?
What are you talking about?
Yeah.
So just outside the green to the east of the green site,
the little triangle that's created,
to the north of the green where the triangle's created,
doesn't seem like much.
We maximize economic yield and we consider those remainder
tracks.
I don't know if that would be part of the offer or not, but
we'll consider that when
the offer comes in.
Thank you.
Okay.
Any questions?
Any more questions?
All right.
Thank you very much.
Thank you.
Appreciate it.
Thank you for coming.
This is a public hearing.
Anybody wishing to speak on this item?
No card is required.
Anybody wishing to speak?
I will now close the public hearing on agenda item 6B.
Councilmember Gregory.
So I'm a little confused on what is needed from council
tonight.
It says consider adopting a resolution.
Do we have the resolution in the backup?
So then the motion would be to, for staff to bring a
resolution to us for a particular
site?
There is no resolution included.
So if the council could indicate what route or site they
choose, then we'll bring the
resolution back.
Okay.
Councilmember Pro Tem.
Thank you, Mayor.
I make a motion recommending the green site and giving
staff direction to bring back a
resolution towards that end.
Councilmember Gregory.
Second.
Got a question.
I don't want to be too, just a question on the posting and
what we're doing.
It says consider adopting a resolution.
That's really what we're doing.
We're making a motion to adopt a resolution in the future,
which is consider adopting.
So it doesn't have to be present.
We don't have to be adopting the resolution today in order
for this to be a proper posting.
Is that correct?
I think this is a proper posting.
It's direction.
I think this is adequate for the direction.
I believe that you all are going and selecting that green
site.
Mayor Pro Tem.
I would just make a suggestion in the future.
We've had issues where we have public hearings and then act
on the ultimate site later on
for some reason.
We've done this with SUPs relating to substations in the
past.
I think in the future, if we could get a resolution at the
time so that if public wanting to speak
to it, they don't have to come back twice to do that.
It just seems to add confusion.
All right.
Thank you.
Because the resolution would be an item for individual
consideration as it comes back
to us.
Is that correct?
Yeah.
Or we'll put it on consent agenda if it's going the right
direction.
Okay.
All right.
So we have a motion and a second on the board for approval
of adopting or bringing forth
a resolution in the future selecting, I believe, as the
green site for agenda item 6B.
So let's vote on the board, please.
Motion carries 7-0.
We are now to agenda item 7, which is concluding items.
Council Member Gregory.
A question for staff to give us a quick report back maybe
via email.
Now, it might have happened, something might have changed
today because I've been here
since 9 this morning.
So 11 hours, lots of things could have changed out in the
town of Denton.
But for a number of days, a set of train cars have been
sitting on railroad tracks, on the
Union Pacific railroad tracks that are going parallel to M
ingo Road, and they have been
blocking Frame Street for several days.
And I'm concerned about that in terms of convenience for
our citizens.
I'd like some information, especially, I thought that if
they blocked tracks from a
road for more than so many hours, that they could get a
ticket.
So I want to -- it may be gone by now and it may be a moot
point, but still a question
of when they're doing -- and I know that they've been doing
repairs on all of those street
crossings on the railroad, but that seems ridiculous for
them to have been blocking
that street for several days and creating issues for our
first responders and for our
citizens who depend on that particular route to get from
place to place.
>> We'll follow up with the information on that.
>> Thank you.
>> Councilmember Hawkins.
>> Thank you, Mayor.
Once again, I'm just speaking on the high speed Internet
issue at the Good Sam, and
I feel like we're getting closer possibly to a solution
here.
And I just want to encourage anybody in staff, if we can
just -- I know we've lost some key
members with the legal team retiring and that sort of thing
, but they really are pretty
desperate, I would use the word now, for some relief out
there.
This is just pretty much an infrastructure issue now, and
just wanted to publicly say
that.
I thought that this was interesting.
I have a friend in Rotary, and they live in a new
development, and they were having some
address issues with mapping, and I had never heard that
before.
I just assumed you get a new house built, something like
that.
It just automatically gets -- you get an address, you get
mail, you get pizza to your house,
whatever.
And I don't need a real detailed informal staff report, but
I was curious how that kind
of works with the city being involved, or Tech's Dot, or
the state, and possibly -- I
think that this issue is resolved now, but just was curious
about that.
Okay.
Thank you.
Let us follow up on that.
Okay.
Councilmember Wasney.
We revised item 4B several times.
This is the DOG B ordinance.
If you could email a final copy of that ordinance to all
the council, that would be most helpful.
Thank you.
I'm glad to do that.
And I've got one -- you know, I wanted to ask for council
to bring back -- I mean, not
council, for staff to bring back -- for an open session
discussion.
There's been some emails I've received and some discussion
about, you know, the one site
for the RDP, and so wanted to have a work session to see if
there was a desire to have
two.
I mean, revisit that.
I know it might need to be done on a timely basis, so I
believe there was some interest
of that.
Okay.
Thank you.
Any other concluding items?
Wow.
It's not even 8 o'clock yet.
All right.
Seeing none, we will stand adjourned.