Good afternoon, good noon, actually it's good noon.
It's 12 o'clock, welcome to this meeting of the Denton City
Council.
Tuesday October the 18th, 2016, we do have a quorum.
We'll move on through our agenda.
Agenda item number one is citizen comments on consent
agenda items.
Do we have any cards for citizen comments?
Seeing none.
Oh.
Okay.
All right.
Okay, Mr. Willie Hutsbeth, if you'll come and state your
name and address, your time
will begin and as clarified last time, it's three minutes
for any of the consent agenda
items.
Yes sir.
The 12 o'clock meeting is for people who don't work.
There are not very many citizens who don't work.
This is ridiculous for you to have this meeting at 12 o'
clock.
That's the consent agenda item.
The consent agenda items, you have too many.
Why don't you pull some of those off so that we can talk to
them?
I don't have enough time in three minutes to talk about all
the agenda items that I
want to talk about.
So for the next year, I'm going to be talking about you
making these sit on the floor.
What is wrong with you?
And to have these meetings at 12 o'clock, sit on the floor.
I hope somebody takes my picture on the floor as I pretend
to fall out.
Thank you, sir.
All right.
We'll move on to agenda item two for request for
clarification of agenda items listed on
agenda item.
Yes, Council Member Briggs.
I would like to request to pull item F, please, for a
presentation in the regular session.
Is that on consent?
Yes.
Okay.
In regards to the 90 million in bonds.
Okay.
Okay.
Any other clarifications on any agenda items?
Yes, Mayor, staff would like to pull closed meeting item 1B
.
Okay.
And the individual consideration item 5A.
All right.
1B and 5A.
Okay.
Any others?
Yes, Council Member Hawkins.
Thank you, Mayor.
It's on the last consent agenda item.
It's on R. It has to do with the airport.
I don't know if this is Quinton or Chuck, but I was just
kind of reading the backup
and, you know, I'm not alarmed or anything, but it had said
that 99% of the work had been
completed and we still were probably trying to get out of
the construction agreement that
we have.
And, you know, maybe just at a high level just kind of
speak on that a little bit, please.
Well, I can either get Quinton or Eldon.
And I believe Eldon Brock, our purchasing manager, can
answer those questions.
All right.
Just at a high level.
Yeah.
Ninety-five percent of the work has been completed.
There were some issues with whether our warranty was going
to be able to be extended for the
amount of time once we terminate the contract.
So in a way to effectuate the bonding company, we had to
terminate.
So the bond would actually - the bonding company would
actually take care of the city's two-year
warranty under the bond.
Okay.
That's all I needed to know.
It's pretty much complete.
We still have about $55,000 in their funds that we'll be
able to finish up the project
with.
Okay.
Thanks.
Yes, Councilmember Wasney.
A point of courtesy.
If we could have any staff in the seating behind me to give
up a seat so that citizens can
have a seat, please.
Sure.
Well, I think we're all fixing - most of them are fixing.
Yeah, y'all can do that.
Any other clarifications on agendas?
No more clarifications?
Oh, yes.
Plus, there's an empty chair right over there as well that
's been empty since it started.
He actually moved it over there.
Agenda item B - or consent agenda item B.
Okay.
Yes.
I'd like to pull it.
Okay.
Consent agenda item B.
Yes, please.
All right.
Fantastic.
You want a presentation on that then?
Just very briefly.
I intend to vote for it.
I just wanted the public to be aware.
Okay.
You bet.
All right.
Any other clarifications?
Fantastic.
We'll move on to agenda item three, work session reports.
We'll give staff a chance to clear out if it's going to
clear out.
Okay.
We'll go on to agenda item 3A, receive report, hold
discussion, give staff direction regarding
the establishment of periphery development annexation
criteria in the Denton Development
Code.
Thank you, Mayor.
I'll pass it over to the Chair of the Board of Trustees, Dr
. Gata, our long-range planning
administrator will be doing this particular item.
Thank you, Howard.
Mayor, members of the Council, this item is brought forward
to you as a request to look
at some of our annexation criteria moving forward.
I know several of the Council members have expressed some
concerns about how or why we're
annexing property that are not developing while there are
some properties that are being
developed in our ETJ and what our policies are with those
particular projects.
So this is an attempt to give you all some information on
what we currently have and
what we propose on doing as part of a code amendment moving
forward in the near future.
So there are projects that are being proposed in our ETJ
just outside our city limits, some
that are large, some of them are not as big.
We've got multifamily in the areas south, close to Geyer.
I don't know if you all remember that particular project.
I don't think it came to you all, but that's a project that
was about a year, a year and
a half ago.
We've got projects to the north.
North of Long Road, there was an application for a project
there where they were proposing
single family.
Again, all in the ETJ and also to the east and west,
developments that are occurring
just outside our city limits in the form of single family,
multifamily, as well as non-residential
commercial retail developments as well.
Now the question is, do those fit in with the area?
Do they fit in within the character of the area?
Is the land use appropriate?
Does it meet the comprehensive plan, future land use plan?
What is the intensity?
I know some of the areas around the city are lower intense
uses, rural development.
We are seeing higher intense uses such as multifamily being
proposed adjacent to these
developments.
And other considerations, infrastructure, as well as public
services that we are required
to provide if they are able to connect to our services.
So all of this is something that we need to consider moving
forward and what we can put
together as some criteria in how we address these proposed
developments.
One big component of public services is our CCN, our
certificate of convenience and necessity.
We've got three areas or three subject services that we
provide.
One is our water.
And I apologize if this is hard to see, the area in blue is
where our city CCN lies within
not just the city but within our ETJ outside our city.
Also wastewater covers a little bit further north in more
area.
Again, this area is within the city as well as the areas
outside the city.
And lastly electric, this area here is made up of not just
DME but there are dual and
triple certified services provided by Encore and CoastServe
.
So we extend services outside the city limits and that's
again one of the considerations
we need to address.
Question?
Yeah.
Just real quick, how are the boundaries of the CCN
established?
That's a good question.
And I'm going to turn it over to Howard.
The water and wastewater CCN were established a number of
years ago through the state organization.
Okay.
It's changed names several times but it's primarily through
the TCEQ.
Okay, thanks.
Yes Councilman Waffley.
If you could go back please to, we have two maps, water
sewer.
So let's start with wastewater because it's the first one
that came up.
And you stated that we have service extended out to all
these areas.
Does that mean that these areas are totally served or that
there are some wastewater lines
that extend out into those areas?
We don't extend service, let me rephrase that.
We don't extend the infrastructure but if the developer
were to extend their lines to
where we have current means, we are able to provide them
services in those areas.
We don't extend anything out to the development but rather
if they extend their lines to where
we have existing lines, we are able to provide them in
those areas and we are the only ones
that are able to provide them water and wastewater.
That's what these maps represent.
I think that's important for both these maps, wastewater
and water, for everyone to understand
that these services are not just blanket and available,
that lines are out there but it's
very sporadic in these outline areas and that the developer
still has to provide and come
and hook up to wherever we happen to be and that can often
be a great distance.
Thank you.
So just a quick background.
We have annexation criteria, however, just really quickly,
prior to 2002, our municipal
code ordinances had sections 34, 35, 36 and 37 that spoke
to annexation policies, procedures
and fees.
However, in 2002, when our code was updated and we created
the Denton Development Code,
those sections were repealed.
In doing so, there was a section in section 35, 16 in the
development code that talks
about where we follow our annexation requirements and that
refers to our Texas local government
code.
So in essence, we had policies regarding annexation
procedures prior to 2002 that since 2002 with
the creation of the DDC had been repealed.
So we really don't have any in the books currently.
Further, in 1999, our Den plan at the time stressed that we
should annex property to
identify some areas where we're going to see growth and
pursue annexation, not just within
the same that had, you know, donut holes, but areas outside
the city.
As part of that, then plan 2030, in 2009, our staff
prepared a strategic annexation
report or plan.
That was the beginning of what we started as far as annex
ing property in the city.
As you all know, in 2010, we started annexing properties in
several areas within the city
as well as donut holes in the city.
And that is still continuing.
We've annexed some properties.
However, we also have non annexation agreements with some
properties.
The annexation agreements that we still have on the books
will expire in 2020.
And in 2020, August 1st, to be exact, we will be revisiting
these areas again for further
consideration for annexation.
This all leads up to where we are today.
What is our direction?
Our Den plan 2030 plan states that we are large enough, we
have enough land area in
the city that we don't need to annex any more property
outside of already what we've
already contemplated with the 2010 and 2015 annexation.
So with all those proposed annexation and what we currently
have in the city, our projected
growth can accommodate the growth of the city with the
areas that we currently have.
That being said, we know that we have areas in our ETJ that
are going to impact our city.
In the form of utilities, drainage, traffic and other
impacts that could potentially impose
onto the city.
So that being said, we and the Council per Council
direction, we put together some criteria
to address how we want to address those situations where
developments are encroaching in our
ETJ, our city limits.
Staff is recommending that we expressly repeal the sections
that I mentioned and create a
new section in the Denzen Development Code that streamlines
but also clears up the annexation
criteria that we need as well as establish the procedures
that we will use towards moving
forward with annexating properties that we feel requires
annexation.
The following are areas that we feel that should be
considered for annexation.
These are developments that require connections to public
utilities.
We know that areas in the ETJ, if they are to develop, they
're going to need water, they're
going to need sewer, they're going to need electric.
If they're required to connect to our utilities, then we're
going to consider annexing those
properties.
Of course, they have to also be within our CCN.
Also within our city that have property boundaries that are
both in the city and in the ETJ.
We have several of those examples where we have large parc
els that half of it is in the
city and half of it is in the ETJ.
If a development were to be proposed on said parcel, that's
something we should consider
because half of it is already in our city limits.
We want to make sure we consider those.
Lastly, this is almost a catch-all.
Any significant impact to the city, any development that we
feel that would generate a significant
impact, again, traffic, drainage, and any safety or health
hazard would be another consideration
for future annexation.
How and when does the annexation begin?
Well, we in the planning division, through our current
planning, receive applications,
pre-development meetings, plan applications, any other
applications that we see in our
ETJ because our Texas ... I'm sorry.
Our interlocal agreement with the county is we review plans
in the county as part of our
interlocal agreement.
We see these applications come in.
This gives us an opportunity to assess each application.
At the time of comments, we can inform the applicant that
the city is contemplating or
considering annexing said property because of the following
.
If we have this established criteria, it would help us make
those comments to the applicants.
If and when we make a determination to annex said property,
we will let the applicant know
or the property you know through notification that we are
going to be annexing.
We encourage them to submit an application or petition to
be annexed into the city.
However, if that does not happen within a set time, we've
listed 10 business days.
Council?
Finish.
Go ahead.
10 business days.
Then we should consider an involuntary annexation for that
subject property.
Of course, we will follow all Texas local government code
requirements with regards
to public hearing process as well as continued use
provisions that's in our local code, Texas
local government code.
Yes, Councilman Hawley.
This is the only part that I was struggling with.
Is there any benefit to the property owner to voluntarily
annex him or herself, I guess,
or just let the city do it?
Because if you're -- we're going to give you an opportunity
to do this, but if you don't,
we're doing it.
That's how I read it.
So I was just -- There's some timing that we can -- and
some
notices that we can avoid if they came in voluntarily.
Otherwise, if it's involuntary, there's certain
requirements and timing that we have to follow
per the Texas local government code.
Is there any cost benefit?
If we do involuntary, then obviously they would not be
required to pay notification,
but it doesn't -- it won't be a lot to be nominal.
Okay.
Another question, Councilmember Wasney.
And how does this impact Council's involvement with the
annexation process that we now have?
It will not.
Any involuntary annexing, we will come to the Council to
let you know that we will be
starting some -- the two required public hearings, and that
is approved by Council through an
ordinance.
Okay.
So does -- do you all have any questions regarding the
criteria of when we should consider annexing?
If not, we will be bringing forward a code amendment, again
, to add a section in our
dental development code that addresses the stuff that I
presented to you this afternoon.
We just went through an annexation exercise here at Council
, and there were multiple properties
and property owners who very strongly did not want to be
annexed.
And those non-annexation agreements went out.
Does any of this impact any of those non-annexation
agreements that were signed?
No, they are good until August 1, 2020.
Thank you.
So Councilmember Hawkins, I don't know if this addresses
your question.
So I'm actually understanding the process.
So somebody voluntarily annexes -- it's just almost a --
not contractual agreement, but
it's -- you're saying we're going to -- yeah, it's
simplified.
But if we want to involuntarily annex, by law, we have to
-- if they are ag-exempt,
we have to offer them a non-annexation agreement.
Is that correct by state law?
Correct.
State law requires on the ag-exempt properties for us to
make an offer of non-annexation.
And the process by which we would move forward on an annex
ation is dependent on a number
of different things, including the number of residences on
the proposed piece of property
to be annexed.
There is a simplified version even under the involuntary
provisions if there's a certain
limited number of households within that particular area.
Otherwise, we have to go with a more complicated process
involving putting together a service
plan and having it on the shelf for approximately three
years.
So Madam City Attorney, on -- let's say if someone -- you
've got two options -- to voluntarily
be annexed or to go through this process depending on the
criteria of number of residents, ag-exempt,
and so forth.
Are there -- if someone is going to be -- desires to be
voluntarily annexed, is the city -- I
just forgot how to phrase this.
Are they able to negotiate in, for better lack of word,
contract for things that they
may -- that the parties can agree to for the voluntary
annexation that is above and beyond
what we would be required to provide if it was an involunt
ary annexation?
Mayor, I hesitate to answer that question because there
could be a wide variety of particular
issues we might consider, and it may depend on the
particular issue on the table.
Even these voluntary annexations come to the City Council,
and there are public hearings
involved and whatnot, so there are a number of different
opportunities to look at various
issues, but certainly the property owners do have rights
associated with these annexations,
even in a voluntary annexation.
Thank you.
Council Member Briggs.
So this is coming to us now because you mentioned the
development applications that you have
received.
So that's part of the property is in the city, and it's ad
joining in the county.
So this ordinance, will that take care of that issue?
We would address that one particular, but that's just one
of several instances.
And just to clarify, there was a question by the council, a
council member, regarding
why are we annexing property that's not being developed,
and why are we not annexing property
that are being developed, and this is to address that
question.
Okay, thanks.
Well, and I know that we've talked about that sometimes a
developer who is not in the city
that's outside the city limits, just adjacent to it, may
want to enter into a pre-annexation
development agreement.
This has nothing to do with that conversation.
This is just one picture.
Correct, correct.
This is just straight annexation.
Yes, all right.
Any other questions for Mr. Megide?
So I'm just looking for direction just to move forward with
the code.
Are we okay with moving forward with these code changes?
Okay.
Great, thank you.
Thank you.
Agenda item 3B is receive a report and hold a discussion on
the review of the housing
programs and other activities carried out by the Denton
Housing Authority.
I believe Barbara Ross, our community development manager,
will be doing some introductions
here and making comments.
Thank you.
Well, before you -- I think everybody knows there was a box
lunch in there, so okay.
Just wanted -- I forgot to make that announcement.
I'm sorry, Barbara.
Go ahead.
Mayor and members of the council, I just wanted to very
quickly mention that the city of Denton
has had a very close relationship with the Denton Housing
Authority.
During my tenure, when the city began -- and I won't say
how long that is, but during my
tenure, when the city began receiving community development
block grant funds, some of our
early projects like renovation of apartments at the Phoenix
Apartments, which was a Denton
Housing Authority property, as well as a renovation of
Heritage Oaks Senior Housing carried out
with community development block grant funds.
During the mid-90s, when we -- the city began to receive
the Home Investment Partnership
Program funding, we provided and worked with the Denton
Housing Authority to renovate the
old Southern Hotel, which is now Pecan Place Senior Housing
.
Along with that, support for tax credit applications, the
Renaissance Courts, where the Phoenix
used to be, but the Renaissance Courts is there now, and of
course the project that
is ongoing now on McKinney Street.
So we've had this strong relationship, and I think it's
been very helpful in producing
affordable housing for residents of our community.
So at this time, I am going to introduce the chair of the
Denton Housing Authority Board
of Directors, Dr. Catherine Strean.
Thank you, Mr. Mayor and Council Members.
I appreciate very much the opportunity to discuss with you
and give information to you
about an issue confronting our city for quite some time,
but now surfacing as more relative
to more and more citizens, and that is low-income housing.
Our board is small, but works very hard.
Dr. Bill Geese is past chair of our board.
Cheryl English, who is here, is vice chair of our board.
And Salty Rochelle, also present with us, is the head of
all of our construction projects
for the board.
We thank you so much for the opportunity to present this.
I'm going to ask Sherry McDade, our executive director, to
come and also say thank you to
Christian English, her assistant, who is not only Sherry's
right hand, but we all turn
to her.
Sherry will introduce the consultants that we have with her
.
We look forward to their presentation.
Thank you so much.
Good afternoon.
I'm Sherry McDade.
I'm the CEO for the Housing Authority.
I wanted to come to you this afternoon to give you a little
bit of information about
the Housing Authority and give you an update on where we
are on some projects and some
programs that we're working on.
I do have my development consultant here with Rimmel
Consulting, and he'll do a little bit
of the presentation with me also.
So I'll just get started first talking about the Housing
Authority and our programs.
The purpose of - oops, that's me.
I need to click on it.
The purpose of the presentation is to provide the City
Council with an update on the Housing
Authority and information regarding our community
development housing needs, information about
the low income housing tax credit program.
We'll give you a little bit of background on that too, and
the strategy to address the
needs for more workforce housing and affordable housing
here in the city.
Sorry, y'all.
The Housing Authority was created in 1970 by the City
Council.
The state laws that govern the Housing Authority programs
is the Local Government Code Chapter
392.
As Dr. Stream mentioned, the board for the Housing
Authority are five commissioners that
are appointed by the mayor only.
So the mayor appoints all the members for our board, and
that is a list of our board
members.
And one position on our five member board is a resident
commissioner, and so that person
is a participant of our Section 8 voucher program, and
right now it's empty.
The Housing Authority, the main program that we operate is
the Section 8 Housing Choice
Voucher Program.
We currently have 1,526 of those vouchers, and we also
recently just received 10 HUD
VASH vouchers, which are for veterans.
And we work that program in cooperation and participation
with the VA, so the VA refers
those families to us, but we can also make referrals to
them.
And right now we have nine of those vouchers out, and we
only have one more to issue, and
four of them have already leased up.
The veterans have already leased up.
Sheri, on that particular program, and correct me if I'm
wrong, but it's my understanding
that with those VASH vouchers, there's also a sort of wra
paround service component, or
additional service component to that.
I mean, I know you all provide the housing, but there is a
requirement that some other
social agencies, or some provide some type of other
services.
Is that correct?
Yes.
The VA comes into town, and they meet with those families
on a regular basis, and they're
required to participate in case management services, which
are provided by the VA.
Okay.
Thank you.
The waiting list for the Housing Choice Voucher Program is
pretty long.
Right now we have about 3,200 families on that waiting list
now.
And with that being said, our waiting list is closed
because it is so long.
One thing that we, the board has implemented as part of our
policy is that we have preferences
for particular populations.
Mainly our number one preference are City of Denton
residents.
That would be our number one preference.
And then also the other preference is for homeless.
But like I said, the waiting list is closed now, so nobody
's able to apply because it's
so long.
Council Member Briggs.
And how long has that been closed?
It was opened up in 2015, June 2015.
And we only opened it for one week, and we got over 5,000
applications.
So then it closed right after that?
Yes.
After one week?
Yeah.
Thank you.
The Housing Choice Voucher Program works because the
landlords that are in the community that
are willing to participate with the housing authority and
to accept our families.
One problem that we have is that we just don't have enough
units for our families here in
town.
And so mainly because a lot of it is that we are competing
with the college student
population.
And of course, other people that don't even have a section
named voucher, they're looking
for affordable housing also.
One other problem may be the fact that the fair market rent
s, the landlords are restricted
by the fair markets rents, which those are set by HUD.
And so that kind of, that slows us down a little bit too.
But I'll just say a little bit about the issue with the
landlords.
We get new landlords every day, but it's a unit here and
there.
But our main issue and our main problems is affordable
housing.
And so that's one reason why the housing authority is
working so hard to try to expand our housing
stock so that even the section eight families would be able
to move into those units, but
also people that don't have a section named voucher, they
would also be able to move into
those units too.
Quick question.
On the 1,526 housing choice vouchers, are those vouchers
available to be used in the
workforce housing, like the units that you're building on
McKinney Street?
Simplify my question.
How many of those are those needs met by landlord sponsored
units or are all those units from
a landlord who's on the program that's providing a unit or
are some of those used in some apartment
complexes that the housing authority administers?
Some of the units we have about 113 voucher holders and DHA
-owned units.
So we own Heritage Oaks and Parkown Place and Renaissance
Core.
So other 15, 26, about 113 of them right now are being used
by section eight voucher holders
in our department.
Yes.
So the rest, almost 1,400 or so, are scattered through
private landlords participating in
the program.
Correct.
Correct.
And also outside of the City of Dane, we do allow our
families to move outside into Dane
County.
Yes, Councilmember Hawkins.
When a private landlord turns over a unit for the program,
who manages that property?
The landlord maintains.
The landlord still does.
Yes.
Yes.
We don't do any management of the private units.
One other item that comes up, I know we're talking about
homeless and we've been working
with United Way with the Homeless Task Force.
The housing authority has the preference for the homeless,
but the waiting list is closed.
And so we're looking right now at opening up the waiting
list and specifically targeting
allowing homeless people to be able to apply.
One area, we're also trying to train and teach our families
who have a voucher to give them
some education, some training, and some more knowledge so
that when they're going out looking
for a unit, they can maybe look a little better and present
themselves a little bit better.
We have a program called Ready to Rent, and as new people
come onto the program and they
get a voucher, we'll take them through that program and
train them and teach them on how
to look for a unit and how to be better renters.
And we're thinking, we're hoping that that program will
help us maintain the landlords
we have and possibly bring some new landlords on the
program.
So we'll be educating our families that are the voucher
holders, but we'll also be educating
landlords too so they can look out for those families who
've been through that specific
program.
And we'll be coordinating with the agency and the city to
do that program.
As I said, the fair market renters are set by HUD, so we're
limited on that.
And then the housing assistance payments are the payments
that we pay to the landlord for
the subsidy for the families that live in the units.
We have a question, Councilmember.
Go ahead, Councilmember.
Well, that just kind of answered my question in more detail
about the voucher.
So the families that are using the vouchers, does that make
up for the full rent or do
they also have to pay on top of that?
The families pay about 30% of their adjusted income toward
the renting utilities, and then
the housing assistance payment would pay the rest of it.
We'll fill that in.
Yes.
As the Housing Authority leases a unit each month, we earn
what we call an administrative
fee from HUD, and that's the funds that we use to operate
the Section 8 voucher program.
We also - the Housing Authority also earns income from the
rental income from the properties
that we own, and we use that to operate also.
We also have management fees that we're able to charge to
some of those programs.
Our income comes in that way.
And then a big source of income, the Housing Authority,
which is recently, is developer
fees.
And so when we build an - we partner with the developer to
build an affordable housing
development, we earn developer fees.
And so with those developer fees, we're able to put that
money into our operations, expand
our operations, but also to create other programs that will
help homeless populations and other
programs for our clients that we serve.
And also along with that, we would earn bond fees too.
Chair, on that - so then on the HUD voucher program, so you
're getting money from - in
addition to those revenue sources that you just listed, but
- so you're getting federal
funds to pay for the voucher program that you're administer
ing?
To operate that program.
And that's a way to supplement and to diversify your
funding, because if we totally depended
on HUD or the government for our programs and for our
operation, we would be in a lot
of trouble.
So a way for us to diversify that is to have the rental
income, own property, and do more
development for properties.
As I mentioned, the Housing Authority does own Pecan Place
Apartments, and it's 24 units.
It's a renovated hotel downtown Denton, and that is a tax
credit property.
We also own Heritage Oaks that's on North Bell, and that's
114 units that are up and
operating on that site.
And it is senior housing, it's considered market rate, and
some of the families that
live there do have a Section 8 voucher.
And I'll go back and mention that at Pecan Place, which is
seniors, there's a voucher
attached to each of the families that live there, or the
seniors that are there.
And then we also have Renaissance Courts, which is 150
units of multifamily housing,
and that's a tax credit property, and that's the property
that we built to replace the
old Phoenix Apartments that was there.
One item that we're looking at right now, the Board is, and
we're working through, is
that we have some proposals in to redevelop the Heritage O
aks site.
That's one of our oldest properties that we still have, and
we do.
We know that there's a lot of work that needs to be done
there, so that is a priority for
our Board.
We're looking at proposals now.
We're meeting with developers on redeveloping that site
there.
I'll go ahead, I'm sorry.
Oh, no, I know probably on Renaissance Court you have debt
obligations on that, or the
developer does.
Yes, still.
On Heritage and Pecan Place, what about those two?
No debt on any of those.
We own them outright.
So we're looking at proposals now to redevelop Heritage O
aks.
Ramon?
And I'll let my developer come up and talk to you a little
bit about some of our development,
and then also talk to you about the tax rates.
And I'll be here to answer any questions, too.
Okay.
Mayor, members of the City Council, City Manager, good
afternoon.
My name is Ramon Guajardo, and I am a consultant to the
Denton Housing Authority in their program.
I want to share some information.
Obviously I won't get too deep in details, but answering
the questions that you may have.
Recently the Denton Housing Authority partnered with a
private developer to have a groundbreaking
of the RONDA, which is a 322-unit residential development.
It is a workforce development that's available for
households that make 60% or less of their
median income adjusted for family size, and I'll share what
that means in a little bit.
This project was financed primarily with a tax credit
equity contribution, the issuance
of tax-exempt bonds, and private financing.
The RONDA is expected to be ready for occupancy in about 12
months.
At this development, various residential services will
provide it.
These are mandated by the state, and also supported and
provided in conjunction with
the Housing Authority.
We talked about the area of median income.
I'm going to use that term quite a bit.
For Denton, the median income is $71,700, but we've
adjusted to 60% of median income
and adjusted for family size.
If you look at the second row there, for a family of four,
$43,012 is the median income
at 60% adjusted for family size.
We use 60% because that is what the upper limit of a
household income to occupy a tax
credit unit.
Anyone that lives at the RONDA will have to have an income
at this level or less.
The reason why it's discounted is because, as I mentioned,
the project receives a tax
credit equity into the project.
I'll talk a little bit more about tax credits later.
Ramon, real quick question.
You said that the 60% is at the upper limit.
You're saying that there's other programs that may, or
different parts of a program
that may limit the number of units to be leased at someone
at 40% or 30% or 20%.
That's correct.
On a 9% tax credit, and I'll go into the differential in a
little bit, but on a 9% tax credit, many
times the state will require that 30% of the units be set
aside for those that make it.
30% of AMI are less, so the rents are adjusted lower for
those.
4% is usually 60% across the board.
But if a person decides to move, say, into the RONDA and
has a voucher, with a voucher
program, the resident is required only to pay 30% of their
income, and the difference
between what they're paying and the rent is covered by the
voucher.
So someone moving into the RONDA that has, does not have a
voucher, they're going to
have to pay that rent that's set by the state, and their
income cannot be any larger than
that 60% of AMI adjusted for family size.
One other question, and so correct me if I'm wrong, but it
's my understanding that, as
you mentioned, workforce housing, is that the term that is
sort of being, I mean, when
somebody says affordable housing and workforce housing, are
those two different terms, or
they sort of represent the same approach?
It represents the same, obviously, because your tax credit
developments are not subsidized,
say, like a voucher.
The rents are set, and the individual household that moves
there has to pay that rent.
There's no other subsidy unless they have a voucher.
So they're going to have to be working to be able to pay
that rent.
And it's really trying to address those in the workforce
that are at that income.
And I took just a quick survey of two of the public
employers in your community, the Independent
School District and the City of Denton.
Here are just a sampling of positions that these two
employers have and their salaries.
Obviously, these salaries would fall into that 60% of
immediate income.
That's only the public sector.
If you're looking into the service area of private
employers, many of those workers fall
into that salary category, and that's their income.
So they're needing to have affordable housing, workforce
housing, for them to be able to
live somewhere.
A few months ago, a market study was done by apartment
market data about the housing
needs here in Denton.
And you concluded that currently, the rental market in Dent
on is 98.9% occupied.
That's extremely high.
Usually in the low 90s is what you see across.
But here in Denton is 98% or nearly 99% occupied.
That same study showed that the growth in this community is
going to need about 4,000
more new rental units over the next five years based on a 5
% annual growth estimate.
And it's pretty conservative.
So in the next five years, this community is going to need
about 4,000 more rental units.
>> Question.
Council Member Briggs.
>> What percentage, 98.9, is that over the year or was that
just for one month that you
focused in on?
>> That is at the point that the survey was taken.
It was earlier part of this year.
So it was at the time they took the survey, it was at 98.9
%.
>> Probably both schools were in session.
>> It was in spring.
>> Yeah.
>> Yeah.
>> Okay.
>> Schools were in session and, you know, obviously during
the school year, there's
a higher occupancy rate.
>> Right, max, yeah.
Thank you.
>> Question.
On the -- when you talked about the area median income, 71,
000, there's all different kinds
of values.
So is that the -- like the census -- I know that the city
of Denton median's income is
lower than that.
So do these programs -- are they required to take -- I'm
assuming that's the county
median income or what is that area?
Is it always the county?
>> I believe it is the county and is taken straight from
the census data, the most current,
and it's established by the state and HUD as the recognized
level that we would be working
on.
>> Okay.
>> And again, Sherry spoke earlier about their waiting list
of over 3,000 households that
they have on the waiting list.
So everything combined shows that there is a big demand for
this affordable workforce
housing in your community.
Some ways of financing the development of these types of
units.
The most used is the low income housing tax credit program.
It's divided into two different categories.
One, the 9% tax credit, which is highly competitive.
It has a annual cycle of awarding those tax credits.
In the Dallas Fort Worth and Denton region, only eight
awards were given in 2016.
One were awarded in Denton County.
The 4% tax credits are a lot more readily available.
They're pretty much there for the asking.
This is the tax credit program that was used to build
Renaissance Court and also the veranda
that's under construction.
This program is administered by the Texas Department of
Housing and Community Affairs,
and the good thing is that the application for tax credit
requires city council action
in every community.
You're the gatekeeper of the tax credit program in your
community.
Anyone that wants to apply must come to you.
>> Good question, yes.
>> And is that just through resolution or is it an
ordinance?
>> They require that the city council pass a resolution of
non-opposition.
>> Okay.
>> And I think you had one when the housing authority and N
RP, the developer, came to
construct the veranda.
There's another one they're working on, but you're the gate
keeper.
You can decide.
Other sources of funding for this program is the tax exam
program, which was utilizing
the veranda.
The housing authority has the authority and capability to
issue those bonds, and they
do.
Of course, there's private financing that's usually
involved also, and possibly locally
administered federal funds that could be utilized.
>> Yes, Councilmember Freist.
>> So it's my understanding I may be wrong, but when a
developer or someone uses the low
income housing tax credits, those units actually have to be
inspected like every three years,
right, and to comply and make sure that everything is.
>> They may be inspected every year.
>> Every year.
>> The state can come in.
I don't know the city of Denton has a code requirement of
inspecting multifamily units,
but yes, they must be kept up to code.
>> Up to code, yeah.
>> Yes.
>> That's pretty important.
>> Just talk briefly about low income housing tax credits
program.
It is a program really that comes through the internal
revenue code.
It's not a HUD program.
It is a means by which the federal government has attempted
to direct private capital into
the creation of affordable housing.
Tax credits are a dollar for dollar reduction for a 10 year
period for the tax credit investor.
So instead of paying income tax, they can invest in a low
income housing tax credit
program and they will get credit for that amount they
invest in that property against
their liability of their income tax, dollar for dollar.
The tax credit are awarded to the owners of the project who
then in turn sells this credit
to someone that needs or wants to invest in this versus
paying income tax.
Right now those tax credits are being sold anywhere from
about a dollar two to a dollar
eight, which is extremely good.
I can recall as early as five years ago the tax credit were
selling for about 85 cents
on the dollar and now they're between a dollar two to a
dollar eight.
On a 9% tax credit, usually your tax credit investment equ
ates to about 70% of the total
cost of the development of the project.
On a 4% it's about 30% of the total cost that you get in
equity.
So you can see why the 9% is very competitive.
Everyone tries to go after that, but with a 4% it's still
workable.
You can make it work.
Let me make sure I understand what that statement is saying
.
So let's say you've got to make it easy on the math.
Million dollar project.
You're all in, it's a million dollars.
Construction, development costs, everything.
And you're on the 9% program, then you will receive 70% of
that $1,700,000 in some form
of tax credit.
In essence, almost have the entire project, more than half
of it funded.
And then you finance the other $300,000.
Right.
On a 4% you'll get $300,000 of that million and you finance
or get other equity investors
for the $700,000.
I can see why it's competitive.
In exchange for that though, your rents are restricted.
Sure.
You can only charge a specific level of rent equated to
that 60% of area of median income.
Is that, well, that's too much in the weeds.
I was going to say how do they calculate that rental amount
, but we'll talk about that later.
Yes, I'm sorry.
And on that 9% tax credit transaction, is that in an area
that's almost in an emergency
type situation where they need, I mean, when is that
approved?
It is on an annual cycle.
Those applications are, the pre-applications are due to the
state in January.
The final applications are due the 1st of March and those
awards are made in August
of each year.
There is a specific scoring process.
The state will issue a qualified allocation plan, the QAP,
that's the Bible of the 9%
program and there it explains point by point, you know, you
get points for the area that
you're in.
Okay.
Normally, right now.
Geographically.
Geographically, they're pushing these developments to go
into high opportunity areas.
The schools are also considered, whatever rating the school
is, the higher rating the
school has, the more points you're going to get.
And various criteria that's used.
Very competitive, one or two points can knock you out.
Okay.
The 4%, you know, I like to put them out there for the
asking.
The housing tax credit carries a minimum of 30-year afford
ability commitment.
These restricted rents must stay in place for a period of
30 years.
It's a 15-year compliance period that the tax credit
investor says that they will make
sure that it's operating under the rules and then after
that there's an extended 15 years,
an additional 15 years period that you're going to have
those rents restricted.
This agreement is binding on the project owner and his
successors.
It is filed with the deed and the property then has that
mandate for a period of 30 years.
Again, this is in exchange for that tax credit equity that
was invested into the property.
So help me understand, and if this is way outside the scope
, I mean, I'm not trying
to extend this conversation, but that really doesn't make
sense to me.
There's something that happens at the end of the 15-year
period and it may be this last
sentence that says it's a real property record and can be
enforced by the tenants.
Because if they're required to extend it another 15 years,
why does the "compliance period"
end after 15 years?
So --
The compliance period really refers to the possibility of
recapturing the tax credits
if something is not done in compliance with the regulations
and requirements of the tax
credits.
The federal government can recall and make that tax credit
investor repay those tax credits.
So they only have 15 years to comply with that.
But beyond that, it's an additional 15 years that the
current owner has to maintain those
rents.
Or because of what I'm hearing you say, at the end of 15
years, they can claw back the
tax credits after the first initial 15 years when you're in
this extended period.
What's the remedy to whomever if they don't comply?
The tenant can come in and take action against the owner
and the Texas Department of Community
Affairs will back them up to ensure that rent is not higher
than that affordability level.
Okay.
We'll talk about that.
And that's why we said, you know, the tenant can step in.
Sure.
The tax credit investor is out of it.
They don't have any more liability.
But that property owner does have the commitment to
maintain those affordable rents.
Thank you.
Yeah, there's a limited use restriction agreement, the Lora
, that's filed with the deed.
And it is a requirement that they have to meet it.
And they can be, the owner can be taken to court on it.
Okay.
All right.
Thank you.
These are some of the uses that the tenant hasn't authority
had used LIHTC before.
Sherry talked about this, but this is just a list of some
of the things that they've
done in the past.
Again, we talked about the needs in your community for
workforce affordable housing.
We talked about the waiting list.
We talked about the projected need for new rental
properties.
The tax credit program is the program that has produced
more affordable housing across
the country than any other funding source.
So I think that's a tool that has to be considered in your
community to meet this need.
You know, the housing authority has experience in doing
this.
They have the knowledge and have been successful with
Renaissance and now with the Veranda.
And they're currently negotiating with another developer to
do a senior and family development
that will be probably coming to you in short time.
Again, when you look at local control, I mentioned that you
're the gatekeeper of the tax credit
award because they got to have that resolution from you.
But also the housing authority can and does play an
integral part in that selection because
as they look at the projects they've done in the future,
one of the main things they
look at is the market demand.
You know, they got to make sure there's the demand for
something they want to consider.
They're going to look at the site characteristics, the
location, the neighborhood amenities.
They're going to look at the proposed financing, the
experience of the developer and the management
of the development.
One thing is constructing a project.
The other thing is making sure that for the next 20 or 30
years that it's managed properly.
That's what local control can provide for you and that's
what the Denton Housing Authority
has done and prepared to do in the future.
Again, why do we want the housing authority involved?
Because a developer could come to you independently, ask
for a resolution and then go and develop
a project on their own.
Get the tax credit and do it on their own.
Some of the things that I see that's an advantage of having
an entity like the housing authority
be involved because now you have local control of the site
selection.
You have control of the design.
You have oversight and quality control of the construction.
Make sure it has been constructed as was designed, as you
're expecting it.
And then most important, the management of the development
after it's built.
With the housing authority involved, there's local and long
-term ownership of the development.
The way we structured this partnership with the developer,
the housing authority is the
general partner of the partnership.
They share in the developer fee.
They share in the cash flow.
And then they also have the right of first refusal to buy
the property for debt only
after the 15-year compliance period.
So you're going to have local control from the beginning
through construction.
You're going to share in the resources that this
development will create.
And then you're going to have long-term ownership.
The housing authority is controlled by the board of
commissioners that are appointed
by your mayor.
What more local control do you want?
And so this is why I believe it's very, very important to
have this partnership.
Most developers in the tax credit world are outside of Dent
on.
They come in.
They do it alone.
You're going to pocket 100% of the developer fee and 100%
of the cash flow.
When you have a partnership with an entity like the housing
authority, part of that revenue
stays in your community to develop more programs.
I covered a lot of stuff.
You probably have a lot of questions, and we may follow up.
But is there any immediate questions that you may have?
>> Any questions?
Council?
Okay.
>> Thank you for your time, and I'm sure we'll be back with
future projects for your
consideration.
>> I do have one question.
What is typically the development fee?
Is it a percentage of the project?
>> It is a percentage, 15% of certain development costs.
>> Did you say 50 or 15?
>> 15.
>> Okay.
In a 9% project that's about 150 units, I would estimate
that the developer fee is going
to be about $2 million.
The larger the project, the larger the developer fee.
>> I'm sorry.
I should have asked his question.
The veranda.
How much was the development fee on that?
The total fee?
>> About $4 million.
And the housing authority negotiated to get 35% of that and
50% of the cash flow.
>> Okay.
Thank you.
If I had been involved, that developer would have taken all
of that out of it.
>> Okay.
All right.
Thank you.
Appreciate that.
Thank you, Sherry.
Any questions?
All right.
Thanks.
All right.
We'll go on to our next work session item.
Agenda item 3C, receive report and hold discussion
regarding a six-month progress report of the
jointly funded homeless coordinator position, including
local efforts to provide assistance
to the homeless and those at risk of becoming homeless.
Thank you, Mayor.
Barbara Ross will also handle this item.
>> I will introduce Ms. Courtney Cross, who is the
community impact coordinator for homeless
initiatives with the United Way.
Courtney.
>> Well, I'm sitting here not knowing how to do this.
Okay.
I need some help.
You know how to do it better.
>> Thank you, Mayor.
>> Here we go.
>> That's it.
>> Okay.
>> Thank you.
>> Thank you.
>> Thank you.
>> Thank you.
>> Thank you.
>> Thank you.
>> Good afternoon.
>> Good afternoon.
>> Mayor Watts, council members.
Thank you for having me.
I'm glad to be here.
When I asked my boss, Gary Henderson, on the way over if he
'd rather, I channeled my inner
Leslie Knoper, CJ Craig.
He preferred CJ Craig.
So we're going com cool collected today.
>> Are you like that?
>> Huh?
>> Are you like that?
>> As Barbara said, I am the community impact coordinator
for homelessness initiatives.
Usually I just say homelessness or homeless coordinator.
Rolls off the tongue a bit easier.
As you know, I was hired as a result of the mayor's housing
the homeless task force, which
was -- which took place last year.
And my -- the purpose of my role is to really support and
further local initiatives surrounding
homelessness using our collective impact model that we
utilize at the United Way.
Just very briefly, a recent Harvard business review article
stated that collective impact
is based on the idea that social problems arise -- arise
from and persist because of
a complex combination of actions and omissions by all
players in all sectors.
And what's really needed is nothing less than coordinating
the efforts of various players,
businesses, government agencies, charities, and members of
affected populations to really
change how systems function.
So I'm really excited to be here today and share with you
the ways in which the United
Way of Denton County and the City of Denton have partnered
together along with many other
community partners over the last, I should say, eight
months rather than six to tackle
this very complex issue and to be able to measure the
outputs and incomes that are listed
in our joint memorandum of understanding.
I joined the United Way of Denton County team February 8th
of this year.
I spent the first few months familiarizing myself with the
needs of adult and youth homelessness,
homeless populations, the resources and barriers, some
service gaps and successful interventions
by individual organizations.
During that time, I also began to establish relationships
with key stakeholders from various
homeless and housing service agencies across Denton County.
And I began -- Gary and I began recruiting for our county
wide collective impact initiative
to address homelessness.
And I just want to take a moment to personally thank Dani
Shaw, the Human Services Coordinator
with the City of Denton because she's been absolutely
instrumental with the very rapid
start and early success of this initiative.
So thank you for that, Dani.
May 5th, we launched our Denton County Homelessness
Leadership Team.
And Mayor Watts, you'll be glad to know that's the only
acronym I'm giving you today.
So this is a 21-member appointed body tasked to convene as
a policymaking team to provide
the planning, coordination, oversight and implementation
required to create systems
change for housing and homelessness initiatives in Denton
County.
The intention of launching this group is to really continue
the work of the Mayor's Housing
and Homeless Task Force, to expand it to a county level and
to develop strategies and
solutions that will close the gap that exists -- that we're
, you know, starting to see as
Denton County continues to grow.
All of us at the United Way of Denton County really want to
commend you as the City Council,
the Denton City Council for really championing this
initiative and serving as a catalyst
to engage community leaders in this conversation on a
county-wide level.
On this slide, you'll see the structure for the Denton
County Homelessness Leadership
Team, which was developed in partnership with city staff.
The leadership team consists of appointees from the City of
Denton -- two of them in
this room today -- the City of Lewisville, the City of S
anger, Denton County Commissioner's
Court, board members of homelessness and housing service
agencies, health care providers, including
hospitals and local clinics, and representation from higher
education, workforce development,
and United Way of Denton County Board of Directors.
This collective impact structure mirrors the one that the
United Way of Denton County has
implemented through our behavioral health leadership team,
which was recommended by
the Meadows Mental Health Policy Institute, and it has
demonstrated to be very successful
over the past 18 months in its efforts to facilitate the
data-driven development and
delivery of coordinated continuum of behavioral health
services for every person in Denton
County.
The Denton County Homelessness Leadership Team -- I'm going
to say that as many times
as I can today -- operates as a quasi-governmental,
strategic, policy-making body, and appointees
bring very specific skill sets and backgrounds to this
complex countywide systems issue.
The leadership team is informed by work groups, which are
composed of direct service providers,
so those are the two experts, the folks on the front line,
in their areas, who volunteer
countless hours to research, vet, and ultimately recommend
solutions and strategies which we
believe will help us to achieve our mission of making
homelessness rare, brief, and non-recurring
in Denton County.
And the United Way of Denton County is very proud to work
with these community leaders
who recognize the shared vision to address this complex
issue.
In June of this year, the leadership team approved their by
laws, their charter.
They elected their inaugural 2016 and 2017 officers, and
they established their vision
and mission statements.
And the vision is obviously a long-term goal that every
person in Denton County has a place
to call home that is safe, affordable, accessible, and
supported by community resources.
And the mission is where we really get to the meat of what
we've set out to do, which
is that the Denton County homelessness leadership team f
osters an effective and coordinated
system of homelessness prevention and intervention,
resulting in homelessness that is rare, brief,
and non-recurring through community awareness and
connection, through data-driven evidence-based
fiscally responsible recommendations, through innovative
solutions around affordable housing
and access to primary and behavioral health care services,
adequate incomes and coordinated
services, and by mobilizing, advocating, and empowering
public-private community-wide
collaboration.
I made it through that one.
So just wanted to say thank you to these individuals for
really stepping up and leading the Denton
County homelessness leadership team as officers.
The United Way of Denton County, he's not here today, but
we'd really like to thank
Councilman TJ Gilmour of the City of Louisville for kind of
stepping up, you know, and really
showing, paying some much-needed attention to these type of
needs south of the lake.
This has been, we've seen a lot of success with this effort
thus far in kind of pulling
in partners from around the county, and the City of Louis
ville has been very key in that.
We're on the home stretch here.
The housing work group is composed of direct service
providers and other community leaders.
It focuses on researching and developing low barriers,
supportive housing solutions intended
to house and provide intensive case management for
individuals who are experiencing chronic
homelessness and who are affected by co-occurring
behavioral health disorders.
Additionally, the work group is currently seeking to expand
its roster to complement
the very, you know, the wealth of service provider
perspective that we have in the room.
We'd like to pull in some more real estate professionals.
As you heard today, there is a need for increased
affordable housing, a very pressing need,
and so we want to start pulling in some, you know, more
diverse and experienced skill sets
to really complement the folks that are already in the room
.
One of our greatest challenges is that it's difficult to
quantify in meaningful ways the
current projected homeless, current or projected homeless
populations, and we need that in order
to build effective solutions.
Before we start recommending solutions, we really want to
have our data and our numbers
sufficiently established.
And so the data work group is working to establish baseline
measurements of individuals and families
throughout Denton County who are experiencing or at risk of
homelessness.
Additionally, they are working to -- excuse me -- to look
into the number of current available
units so that we can from there identify some gaps and
really determine some data-driven
recommendations for housing solutions.
And I can't emphasize enough the need for a consumer work
group.
Our other work groups meet at set times in the middle of
the day, and it's folks that
time out of their schedule, whether it be their work or
what have you, to be there.
But the consumer work group we found, you've got to meet
people where they're at because
very key to this entire initiative is the insight and input
of those who are -- who
have previously experienced or are currently experiencing
homelessness.
And the leadership team is partnering with the behavioral
health leadership team to conduct
some community conversations to gain feedback regarding
experiences and concerns that people
have related to housing and mental and behavioral health
care services throughout the county.
To highlight a few of the accomplishments of this
collective impact initiative, in June
the chamber requested an appointment to the leadership team
because they are very interested
in connecting local businesses with agencies that are
working with those experiencing homelessness
to really develop the workforce.
And as our county learned that we would not be receiving $
600,000 worth of crucial emergency
solutions grant or ESG funding, which helps up to 1,500
individuals annually in the form
of homelessness prevention and intervention, the Ditton
County homelessness leadership
team played a pivotal role in securing $199,500 in addition
to the $200,000 that the Ditton
City Council has put in and that additional funding came
from the city of Louisville and
Ditton County Commissioner's Court.
The Ditton County homelessness leadership team has approved
a comprehensive definition
for homelessness and this is really key because a core ten
et of this collective impact model
is to get everyone around a common agenda and to establish
shared measurements.
And so to be able to determine the actual numbers of
homelessness that you have, you
have to be able to clearly define it.
And so the leadership team approved a comprehensive
definition and that is HUD's definition according
to the McKinney-Vento Homelessness Assistance Act and
includes criteria for both chronic
and at-risk homeless individuals and it also includes
provisions for homeless children
and youth and individuals or families fleeing from domestic
violence.
In September, the team approved an ex officio seat for the
Ditton County Homeless Coalition
and this is really just an effort to establish an open line
of communication between the
two entities and really ensure that the efforts of both
groups are as supportive and collaborative
as possible.
Additionally, I work closely with the coalition to support
the ongoing development and implementation
of our coordinated entry system.
We won't get into it too much but it's essentially an
effort to establish a centralized intake
system through an electronic database.
Thank you very much.
In order to really accurately capture the true need for
housing and to also prioritize
and connect clients with the best possible housing
intervention.
It's very client centered and really kind of tries to
include the client and also kind
of objectively prioritize needs.
Coming up for the leadership team, we will begin developing
a strategic plan very soon
to provide increased clarity of purpose and objectives.
We will launch our supportive housing pilot that we've been
planning.
Additionally, we hope to establish a county-wide inventory
of housing options similar to the
Denton Housing System map which came out of the mayor's
task force last year.
I want to expand that to a county level.
Currently, the top priority for the leadership team is to
support efforts to increase resources
available throughout the county and ultimately increase the
real bricks and sticks, affordable
and accessible housing options.
And in an effort to engage even more elected officials,
leaders, real estate professionals,
agencies, faith-based organizations and community members
from throughout the county, the Denton
County homelessness leadership team is hosting a county-
wide homelessness summit on November
12th.
This event is intended to educate and engage as many
community stakeholders as possible
as to what's going on currently, current initiatives and to
increase the number of valuable partnerships
which will lead to necessary solutions to truly meet the
needs of individuals and families
experiencing homelessness.
Again, the United Way of Denton County would really like to
commend the Denton City Council
for being at the forefront of this initiative and
recognizing the need to engage stakeholders
at a truly regional level in order to achieve meaningful
and lasting systems change.
My boss tried to convince me to have you all recite our
phrase, "We're brief and non-recurring"
with me over and over again here.
Not going to make you do that, so you're welcome.
We do have a question.
Go ahead.
So, back on the homelessness summit, that is open for
anyone in the community that wants
to come.
Absolutely.
Yeah.
We're inviting folks from all over.
Yeah.
First off, thank you very much.
You were speaking on prevention and intervention.
I know some of the issues in the past, there's been a lot
of different efforts that go on
in our city and trying to figure out how to get them all
available to somebody, whether
it's transportation or something like that.
What's that been like for you to try to help coordinate
that since you got on the job here
since February?
It's definitely those wraparound services, those
contributors or symptoms, I guess you
could say, that really contribute to someone being homeless
or experiencing homelessness,
like transportation, child care.
Those are definitely huge barriers.
The priority with a lot of what we are implementing is
really securing housing, getting people
... Because the cure for homelessness is what?
Housing.
Yeah.
But there are those contributing factors.
It's a lot of coordination.
You'll hear a lot of people say that agencies are siloed or
not working together.
A lot of the funding they receive and just the traditional
programs that they have don't
always lend themselves to collaboration.
Things are shifting along with the loss of ESG and some
other federal programs and just
in lots of different forms of funding.
We now have the luxury of being able to track specific data
outcome measurements.
That's all contributing to traditional delivery models
shifting a bit as well.
The tides are changing a little bit, but we are fortunate
to have a lot of people at the
table who are ready and willing to tackle some of that.
Thanks for what you're doing.
I know our community really appreciates it too.
Glad to be here.
Yeah.
Any other questions?
Well, I want to thank you Courtney and Danny and Gary and
United Way and Barbara because
we've really, I think, made a lot of headway in a very
short amount of time.
I can tell you that the leadership team is getting really
excited about we're going to
continue to meet, but we want to also make sure we have
some concrete action that we're
taking so that supportive housing pilot is well on its way.
Thank you so much for all the policy direction and
documentation that you all prepared for
that.
Now we're just looking for the partner for the actual
bricks and sticks of the housing.
Thank you all so much for that.
I think we're doing very well in addressing this.
So thank you for what you guys are doing.
Thank you guys.
It was a little Leslie nope, you know.
Just a little.
I can't help it.
I don't even know who you're talking about.
Oh, okay.
Okay.
All right.
We'll move on to our next agenda item, which is agenda item
3D.
Give report and hold discussion give direction to staff and
waters and company on the city
manager interview process.
Yes, sir.
Carla Romine, egg mark, our director of human resources
will kind of lead this discussion
for us.
Good afternoon, Mayor members of the City Council.
Last week, check forward waters and company was here to
seek your direction on the city
manager interview process.
In that discussion, you gave us direction to include some
sort of tour, some sort of
interaction with department heads and a social activity
such as a reception in addition to
the council panel interviews.
Based on that discussion, staff developed a two day
interview process.
And as a reminder, we were looking at Monday, November 14th
and Tuesday, November 15th contingent
upon council being able to select the finalist at the
November 1st council meeting.
So what we'd like to do is this information was presented
as part of your backup as well.
But what we'd like to do is start the day off with a
welcome and orientation with the
city council or as many of you that can be here, this will
be very quick.
Just again, just kind of kick it off and welcome them to
the city.
Then we would move into a meeting with the interim city
manager and the assistant city
managers.
And I'm going to emphasize this as a meeting, not an
interview.
And so this would be about 30 minutes that the candidates
had time with the executive
staff to learn more about the organization or get any
questions that they may have answered
prior to going on to a city tour.
But when they're not meeting with the interim city manager
and assistant city managers, we
would have the department heads here in this council work
session room kind of a meet and
greet.
Again, another opportunity for the candidates to meet the
leadership team and learn more
about the organization, ask any questions they may have,
and then the leadership team
has a chance to interact with them.
And if you'd like, provide some feedback to the council.
Before sending them on a tour, we'd have lunch with them.
The tour would be about four and a half hours.
And then once they got back, we were looking at a reception
with council and community
leaders.
The location would really be dependent upon the direction
from council.
Right now, if you notice, we have community leaders.
Depending on the number of community leaders that the
council would want to invite, it
could be a more intimate group, maybe in this work session
room or maybe even over at Stoke,
we were thinking.
But if the council would like to expand that and include
all citizens, then we would need
a much larger place, maybe like the Center for Visual Arts.
I have confirmed that both Stoke and the Center for Visual
Arts are available on the 14th
in the evening.
On day two, that's when the council panel interviews would
actually happen.
So we're looking at about an hour and a half with each
council, again, in this room.
So today I'm seeking your approval on this agenda, and
specifically some feedback for
you on what type of reception and how inclusive you'd like
that to be.
Council question of Councilmember Begari.
I'd like to see it opened up to the entire community at GD
AC, please.
Yes, Councilmember Briggs.
So is there a reason why the only question I had between
day one and day two, the interviews
don't take place ahead of all the community?
Is that just the way it normally is?
It's the way we've traditionally done it.
It gives them a chance to learn a little bit more about the
community and maybe gives them
some opportunities to think about some questions they may
have for the council, too.
But I mean, it can definitely be switched if that's the
council's desire.
I'm just curious about that.
And I do know that that week is National League of Cities,
so I just wanted to make sure that
there's not any conflicts.
I think that's it.
On the 16th?
Okay.
So, okay.
Yes, Councilmember Wasney.
For the 16th, the reception with the city, do we know if
the Civic Center is available
that evening?
It is not.
They have an indoor soccer league, I believe, because I
called to check to see if we could
use at least the front community room.
And I know that parking, if you have to pick between the
rail yard or the art building,
it's just easier to park at the art building.
Just an observation.
But I'd like to see our citizens to just put up a fence and
say this is for city council
and community leader.
Well, who's a community leader?
So I think that's kind of hard to define.
And if this is going to be the city manager paid with city
tax dollars, then open it up
to the taxpayers.
Thank you.
Yes, Councilmember Rueb.
Yes, I would like it to be opened as well.
Any other comments, questions?
Yeah, that's fine.
I mean, GDAC building, that's good.
We'll set something up and we'll publish it.
So all the citizens know they're invited.
All right, fantastic.
Okay, no more further questions?
Any more further questions?
Okay.
All right.
No, no, I was just making sure if you had a question, you
had an opportunity to ask
it.
All right, thank you.
Moving on to agenda item 3E.
Yeah, receive report and hold discussion, give staff
direction regarding the amendment
chapter 18, use of wireless communication devices while
driving.
Thank you, Mayor.
Our police chief, Lee Howell, will be addressing this issue
.
You're up, chief.
Thank you.
Well, good afternoon.
I am back again to start the discussion here about a
proposed ban for a complete ban on
wireless devices by drivers of motor vehicles.
And just to bring you back up to speed on where this has
been, of course, we adopted
an ordinance several years ago banning texting while
driving.
That's been in effect for about three years.
The idea came back up, was presented to traffic safety
commission, which recommended going
forward with a complete ban of all wireless devices by
drivers.
That vote passed 5-0.
And then came on to council.
We've had this discussion set, I think about three times
since then in work session at
the request of council member Wasney, it was pulled off the
main agenda the last time it
was scheduled and it's been reset again today to see if you
would like to give direction
on any action or to table it again or where to go with it.
I've got --
So just a little background.
This was on the consent agenda, I believe, originally.
That's correct.
And I believe Mayor Pro Tem Roden asked that it be brought
back to a work session and I
shared his same thought was I didn't recall that council
gave specific direction on whether
to adopt the complete ban or just keep it the way it is for
now.
So I think that's really what this meeting is about is to
try to finalize that direction
now.
Mayor Pro Tem Roden is not here at this time.
He got stuck on a plane somewhere.
So I would just -- I have to say and I think I said it last
time, I probably lean towards
not at this time extending it to all cell phone usage, but
that's just me and I don't
know where everybody else is, but that's where I am on that
.
Yes, council member Hawkins.
I've definitely been on the fence on this one.
I think originally when we had this conversation it felt
like we were infringing on a person's
rights, but in my own life I'm using hand free now and it's
not perfect.
You still have some distraction, but it's not as much of a
nuisance as I thought it
would be either.
And I've seen -- there's a lot of videos online and social
media and I have to be honest,
I finally saw one where I decided that I am for this now.
And they were interviewing a bunch of teenager kids who
were kind of laughing about, yeah,
we still text on our phone and that sort of thing.
And then this daughter came in and her parents had been
killed by a teenager who had been
on their phone just even for a second.
And she had been disabled.
And it was amazing once that was in front of them how that
happened.
I know that you can say whatever you want about some online
video and it's sappy or
whatever like that, but it was the realest thing that I had
ever seen.
So after that I just really started making sure that I wasn
't using it on my phone and
it wasn't as big of a deal as I thought.
And I think I just want to make sure that I don't do things
to infringe on people's
rights, but we share the road with others.
And that's when I just -- this is different.
This is a public safety issue.
I feel like technology has advanced enough where even if
you have a car that's not compatible
with a hands-free, you can make it that way now.
And if we were going to go down this road, I'd like us just
to set a date farther like
maybe January 1st of 2018 even so everybody knows that it's
coming.
And it's a tough decision.
I get it.
But I think that I'm ready to vote on it.
And I appreciate Councilwoman Wasney on this one because I
think when she first brought
it up, my internal reaction was to be against it.
And I've really given this one a ton of thought.
It's probably not going to be the most popular thing, but I
really do believe it's a public
safety issue now.
So thank you.
Yes?
Yes.
Government is behind across the board when it comes to
technology.
It's why you're seeing cities, counties, and whole states
approving hands-free.
Instead of using the phrase "cell phone ban," we should
instead be using the phrase "hands
free."
I remember when seat belts were introduced, a lot of people
said, "Oh no, that takes away
some personal liberty."
So it's a governmental responsibility to protect lives.
I lost a brother in a car accident years ago.
It had nothing to do with cell phones.
But what it brings to the forefront is what a wreckage that
brings to an entire family.
A lot of people killed by distracted driving aren't in the
car with a distracted driver,
but they are killed.
They are maimed for life.
If you are a parent who loses a child, if you are a child
who loses a parent, this has
to be a decision made by responsible government.
And I know the council asked for some statistics, and I
think one of the biggest ones comes
out of the state of California because they actually passed
hands-free in 2008.
They have had a 47 percent reduction in deaths attributed
to cell phones.
And if you travel to California, you're watching and people
after eight years are very cognizant
of having the gadgets that you need for hands-free.
But I'm going to repeat that statistic, a 47 percent
reduction in cell phone related
deaths on the highways.
Here's another one.
Everybody wants to talk about the young people in their
cell phones, but it's not just young
people.
Two-thirds of people injured or killed in a crash involving
a teen driver are people
other than the teen.
But adults set a bad example.
According to AAA, 77 percent of drivers age 35 to 55
reported talking on cell phones while
driving compared to only 66 percent of teenagers.
So it's everybody.
And we talked about this the first time around, that it's a
tool that our police department,
our police chief, our boots on the ground are asking for.
Yes, we have a text ban, but it's very hard to enforce
because you can't tell when you're
driving a patrol car and somebody has a phone, you can't
tell what they're doing.
We have a recent phenomena with some new games on cell
phones.
They're popular and they're fun, but they also involve cell
phones and they also involve
cell phones in driving.
So that's where I come back to the technology is in front
of us.
It's developing and people love their games, they love
their gadgets, but if you absolutely
have to talk on a cell phone or you need it for navigation,
your phone will talk to you.
It'll tell you where to go.
You don't have to look at it.
And I come back to the innocent people who either have died
or will die, have been injured
or will be injured because this council didn't have what it
takes to implement a hands-free
law in the city of Denton.
And I understand, oh, it takes away individual rights.
Well, gosh, it takes away the rights of whoever gets killed
.
It takes away the rights of whoever gets pulled out of a
wrecked vehicle and they're maimed
and damaged for life.
This is happening across the country, cities, counties,
whole states.
I would encourage this city council to do the right thing,
to be in front of technology
and not catch up.
What's it going to take for city council to pass this?
How many fatalities in the city of Denton and in our
surrounding area?
You get the emails from our police department that
describes these horrific accidents.
And I'm asking for support on this issue.
And I want to thank Councilman Hawkins for stepping up and
encouraging this hands-free.
Thank you.
Anybody else?
We've got to give direction.
Yes.
Well, I think last time we were here, what I had requested
was an inquiry into the role
of education and publicly informing, well, informing the
public that it is already illegal
to cause injury because of use of cell phones in the car.
So I didn't see anything in our backup about that.
Is there anything to add on that note?
We engaged in a number of different fronts of an
educational campaign.
We started off with bumper stickers that we passed out to a
lot of places.
We had some posters that we distributed to some businesses.
Many of our squad cars have those "don't text and drive"
bumper stickers.
The City's TV channel, DTV, runs a number of PSAs that are
related to the national campaign
that's called Stop the Tex, Stop the Rex.
So it's just about specifically about texting to follow up
on our ordinance.
They do DTV news breaks with some feature stories on it.
And also, most of those videos are available on YouTube.
So we've done all of those things we've done.
And that's available on a number of channels, as you know.
And also there's some links from our website, from the City
website.
I do appreciate those efforts by the police department to
get the word out there.
I would say that there's probably more that we can do that
would actually reach this target
of 18 to 24-year-olds and inform them that, in fact, the
government says it's illegal
for you to cause somebody harm and injury using your
automobile while you're texting and driving.
So I don't really see this as a lapse on the part of the
government's part.
We actually, it's illegal.
It's very illegal and you could go to jail for the rest of
your life
if you harm somebody in your car.
Regarding specifically the idea that this is an issue of
individual rights,
I really actually don't see it that way.
I see this as another layer of government and it's actually
duplicative as well
because it's already illegal to do this.
I would just encourage us instead of going to the most
restrictive means of regulation,
trying to get somewhere where you don't have to enforce
boots on the ground, if you will.
Every single law that exists in terms of public safety is a
reason to pull somebody over.
You name it, it's a reason to pull somebody over.
And the fact of it is, without even bringing Denton Police
Department into it,
there are groups of people that are more readily pulled
over than others.
This is a really good way to pull just about anybody over.
I'm not saying that it's going to be used nefariously.
I'm just saying that it's one more tool to pull anybody
over and it's a duplicative one at that.
I'll just finish by saying this.
I travel outside of the country a lot.
I'm familiar with other cultures.
One thing that's always struck me, I'll get there, okay?
One thing that's always struck me is the medical system in
America
versus the medical system in other countries.
In other countries, it's very preventative.
What is it that's causing your problem?
Let's try to analyze and see what we're doing.
In the United States, we are surgery first.
That is the first course of action here.
When I see things like a cell phone ban or a fill in the
blank ban, it's surgery first again.
That's how we're approaching things here instead of saying,
what is it that we can do creatively to educate our people,
to make them more responsible?
It's a benefit to our public if we can actually reach them
in a way that they,
where they're at, not necessarily a bumper sticker,
but where they're at mentally, emotionally.
That to me is the role of government,
not necessarily enacting laws that are punitive and can
lead to jail time eventually.
I'm against this, still against it.
If I might add, I've left one thing out and you reminded me
that we're,
and I didn't mention it because we're not quite there yet,
but we're engaging in some conversations with a student
group at Ryan High School
to develop a program that we can present in the high
schools also.
Okay. Any questions?
Probably what I'd say, we'll just put it on as a vote.
Next available council agenda,
as far as put the ban in the resolution or hands-free
requirement in the resolution,
and then we'll just take a vote on it, see where it falls
out.
Because we have two members that are absent and I'm not
sure where they stand on that,
but we're going to have to vote on it eventually sometime.
Yes.
Can I ask one more follow-up question on that in a proposal
for the ordinance?
That the current texting ordinance prohibition exempts the
interstate
from enforcement or effectiveness of the ordinance.
So would you like to see that removed in a proposed
ordinance for the hands-free allowance?
Why is it removed in the original ordinance?
I mean, we've got the jurisdiction.
Why was it not included in I-35?
The previous council discussed it and it was suggested that
people traveling through the city
shouldn't be stopped and written tickets unknown to them
and other than the signage that would be on the interstate.
We haven't ever posted signs on the interstate,
obviously for a number of reasons, wouldn't in effect.
And also we couldn't do it yet effectively because of the
construction project.
But it was basically exempted thinking that because there
are different laws in effect
and some jurisdictions, some municipalities have codes in
effect and some do not,
that the interstate would be exempt.
I would remind you that we have had one of the three fat
alities that we've had in the last two years
that occurred on the interstate from wireless device use.
I think if we implement this, it needs to be hands-free as
well.
That's the equivalent of saying, well, we're going to
change the speed limit,
but it's not your fault if you don't know that it's been
changed.
If you're a responsible driver and you're driving, you need
to read.
So we have signs up where it says entering Denton County
hands-free, hands-free zone.
And I remember that accident.
It was a five-year-old girl that was killed on Interstate
35W.
So my call would be to include the whole city.
On the traffic safety recommendation, did they address that
?
I believe they did, and they suggested it should apply to
all streets and highways in the city.
I would probably say just put that in the ordinance, and if
, depending on how the discussion goes,
if it gets taken out based on a majority of the council,
then so be it.
If not, then we'll go with that.
Is that OK with, I mean, we've got to put something down.
Sure. Can I ask the--
Sure.
Chief, in some of our neighboring cities, when they have a
highway that runs through it,
how do they do it?
In my research, I've never seen an exemption like that.
OK.
So it includes all the streets and highways in the city
limits.
OK.
Good.
All right.
That it?
Any more questions?
All right.
Thank you.
All right.
Well, that ends our open session.
We will now convene-- is that right?
Yes.
Yeah.
Now convene the closed session at 1.45.
We will consider the following items-- consultation with
attorneys under text of government code
section 551.071.
Deliberations regarding real property under text of
government code section 551.072.
Deliberations regarding personnel matters under text of
government code section 551.074.
And deliberations regarding economic development
negotiations under text of government code
section 551.087.
[AUDIO OUT]
[MUSIC PLAYING]
Good evening.
I wanted to welcome everyone to this meeting of the Denton
City Council on Tuesday, October
the 18th, 2016.
We do have a quorum.
And if you would, stand with me if you're able to pledge
allegiance to the US and the
Texas flag.
[INAUDIBLE]
I pledge allegiance to the flag of the United States of
America, and to the republic for
which it stands, one nation under God, indivisible, with
liberty and justice for all.
Honor the Texas flag.
I pledge allegiance to the Texas, one state under God, one
nation.
[AUDIO OUT]
OK.
I've got a proclamation.
Fire Prevention Week.
Come on down.
Introduce yourself and tell us a little bit about Fire
Prevention Week.
I'm Megan Shuth.
I'm the community service officer with the Denton Fire
Department.
We celebrate Fire Prevention Week.
And this year, we're focusing on smoke alarms, making sure
that residents know to check the
manufacturer's date on your smoke alarm every 10 years, in
addition to testing it every
month and changing the battery twice a year.
Thank you.
And I didn't know about the 10 years on the manufacturer's
date.
So yeah, great.
Thank you.
All right.
Well, I've got a proclamation.
And that is critically important.
For the person who's had a structure fire--
fortunately, it was a vacant unit, so nobody was hurt.
It's quite an extensive ordeal and the cleanup and so forth
.
So thank you so much for that, because prevention is
certainly the way to go.
So this is a proclamation by the mayor of the city of Dent
on.
Whereas Denton is committed to ensuring the safety and
security of all those living in
and visiting our city.
And whereas fire is a serious public safety concern, both
locally and nationally, and homes
are the locations where people are at a greatest risk from
fire.
And whereas US fire departments respond to 369,500 home
fires in 2014--370,000 home fires
in 2014.
That's a lot.
According to the National Fire Protection Association.
And whereas US home fires resulted in 2,745 civilian deaths
in 2014, representing the
majority--84%--of all US fire deaths.
And whereas 1/5 of all homes with smoke alarms--the smoke
alarms are not working.
And whereas 3 out of 5 home fire deaths result from fires
and properties without smoke alarms--and
that's 38%--or with no working smoke alarms--and that's 21
%.
And whereas working smoke alarms cut the risk of dying and
reported home fires in half.
And whereas all smoke alarms should be replaced at least
once every 10 years.
And whereas Denton's first responders are dedicating to
reducing the occurrence of home
fires and home fire injuries through prevention and
protection education.
And whereas the 2016 Fire Prevention Week theme, "Don't
Wait, Check the Date," replaced
smoke alarms every 10 years, effectively serves to educate
the public about the vital importance
of replacing the smoke alarms in their homes at least every
10 years and to determine the
age of their smoke alarms by checking the date of the
manufacturer on the back of the
alarms.
Now, therefore, I, Chris Watts, Mayor of the City of Denton
, Texas, do hereby proclaim
the week of October 9th through the 15th, 2016, as Fire
Prevention Week and urge all
the citizens of Denton to find out how old the smoke alarms
are in their homes and to
replace them if they're more than 10 years old and to
participate in the many public
safety activities and efforts of Denton's fire and
emergency services during Fire Prevention
Week.
Thank you so much for bringing this to our attention and
what the first responders do
for our community.
Thank you.
>> Thank you.
[Applause.]
>> Thank you so much.
>> You bet.
Thank you.
[Applause.]
>> We could go ahead and have the citizens report.
>> 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.
Please 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.
For agenda item 3B1 is Mr. Willie Hutzpeth regarding the
city charter and closed sessions.
If you'll state your name and number, your time will begin.
Before the time starts, I have an administrative thing I
need to take care of.
If you wear red, there are three things that apply.
You have a big head, you're soon to be bred at three, you
've been well fed.
So just thought I'd throw that out.
Okay, now.
Thank you.
You bet.
I thought you needed that.
Okay, concerning the closed sessions, as I stated before.
I'm sorry, Mr. Hutzpeth.
You could give us your name and address.
No, I'm sorry.
Thank you.
Thank you.
Willie Hutzpeth, 623 Newton.
Thank you.
Closed session.
Those sessions, from what I understand, my time on the
school board and talking to the
people who administer that and who supervise that, you have
a session that there are things
you need to talk about that you don't, it's not, it wouldn
't be advisable to talk about
someone's personal business, for example.
And if you're trying to negotiate land and things like that
, and you state them before
you've made the purchase, items that you just really want
to be able to handle in a way
where it doesn't affect someone negatively and it doesn't
affect what the city's trying
to do.
Also what we were told is you only bring in staff when they
're needed.
Staff is not to be sitting in there while you're doing all
the discussion.
We didn't even, we weren't even, we were told we didn't
have to have, the attorney shouldn't
be in there unless you have a legal question that was pert
inent to the issue.
And I just think what's happening in your closed sessions
is you're having a public
meeting under the guise of a closed session.
We were doing that in the school district when I first got
on the board and I was told
by my advisors that's something you shouldn't do.
So I told them that I was going to leave that session and
tell in open session what they
talked about.
And it would be pretty obvious that it was a open session
discussion.
They quickly told me you're going to be arrested if you do.
I said, okay, bring on Brian because I'm going to say it.
And sure enough, they stopped having those kind of meetings
.
They started having closed sessions with closed session
discussions instead of having open
session meetings in closed session.
And with the rest of my time, I want to talk about these,
whatever, you call them work
sessions.
That's another way of saying, it appears to me, we don't
want just any ordinary citizen
coming to hear what we're talking about.
We are talking about things that we would be, some of you,
think that you'd be better
able to discuss them if no one knew what you were talking
about.
That's how I view them.
If you want this council to be, and the way we view you, we
, me, view you as open and
honest and forthcoming with information that you deliberate
and then make decisions on,
I think you need to change some of the things that you do.
For example, and the other thing that's happening with
these work sessions like today, I had
to sit on the floor because the thing was so closed, was so
crowded.
On the floor.
I'm 71 years old.
I don't know how in the world I got up off of that floor
three times.
And there was nowhere to sit.
So that's one issue.
Nowhere to sit.
Nowhere to go in that little closed room.
Secondly, why do you have so many closed sessions?
Why don't you have that discussion here, right now?
What are you doing in there?
Well, I sit in through them.
There's nothing you do in there that you couldn't do here.
And get it better organized and you won't take so much time
.
That's my view.
Thank you.
That's all the speakers we have as far as for that agenda
item 3B.
We do have some cards that have been filled out for agenda
items 3C, which is under additional
citizen reports.
And as a reminder to council, because of the nature of
these, we're unable to have any
dialogue with them.
So I'll call the cards now.
Mr. Paul Meltzer, if you'll come state your name and
address and your time will begin.
I'm Paul Meltzer.
I live at 1914 West Oak Street.
I have a seemingly minor suggestion for managerial
oversight related to the homeless coordinator.
I was pleased to hear that report in the working session
earlier today, the six month progress
report.
And I would just simply say that if in fact, as it seems,
this is something we really want
to resolve, that is the homelessness for the existing
homeless population in Denton.
And not just an activity that makes us feel virtuous to
work on, that we would ask two
questions of the coordinator to come back from the alliance
with.
One would be target timing for quantification of the
problem.
And the second would be target timing for presentation of
actionable proposals.
Like I said, it's seemingly minor, but I think it would add
a muscularity to the approach.
And you would then be weighing, are there plans that sens
ibly could meet that timing?
You'll have a little more bias for action.
Thank you.
Thank you.
Appreciate that.
Next speaker will be Mr. Chris Martin.
If you'll come down, state your name and address, your time
will begin.
Hi, my name is Chris Martin.
I live at 313 Oregon Trail in Argyle.
And I'm a retired Army colonel and president of the Denton
County Veterans Coalition and
mayor, council members, thank you for this opportunity to
speak to you today about the
Denton County Veterans Coalition and our second annual
homeless stand down that's happening
this Thursday at the Civic Center next door.
Denton County Veterans Coalition works every day with
veterans.
This year alone, we've helped over 80 veterans with
probably about $30,000 in emergency financial
assistance, most of which came from a grant, but a lot from
just donations from the public
at large.
Every day we work to resolve veterans issues because we
believe that veterans issues are
community issues and we do this by trying to expand
collaboration amongst other veterans
organizations and agencies that work with veterans every
day.
One of our best team players, and we believe that
everything we do is a team effort because
again, these are community things that require us to work
as a team to resolve them.
One of our best teammates by far is the United Way.
We have a great relationship with them and through our
efforts on the veterans work group
of the Denton County Behavioral Health Leadership Team and
through some of the things that you
have done, the United Way was able to secure a grant that
allowed hiring two veteran community
navigators and they're also going to produce a veterans
resource guide for the county here
very soon.
Another great teammate, and again, this is where I'll talk
in a second about some of
the things that you have done, has been the VA themselves.
In conjunction with the VA, we're sponsoring our second
annual stand down on Thursday.
Last year we emphasized making homeless veterans more
comfortable on the street.
Again, due to your efforts, this year we have the
opportunity to hopefully find ways to
get veterans off of the streets once and for all.
I get the opportunity to talk to a lot of organizations
about veterans issues and I
always start in and I've been doing this now for about
three months where I start and end
my talk with it's great to be a veteran in Denton County.
Much of that excitement is due to your efforts again and
the efforts of the county and trying
to make things, trying to, like I said, tackle these as
community issues.
I want to thank you all for your ongoing efforts to expand
the VA behavioral health care, the
mental health facility that we're trying to establish.
As you know, this clinic here sees over 13,000 vets in a
year, probably a minimum of 4,000
need help with post-traumatic stress treatment with one
practitioner at the VA clinic on
Colorado Drive.
Your efforts to get an expanded clinic will help us out
tremendously.
Again, Mayor, thank you all also for your efforts on
helping to secure HUD VASH vouchers
and we got 10 of them several months ago.
Seven were issued on the first day.
Since then, several more have been issued.
And thank you again for your support to our stand down this
Thursday.
Last year, the point in time survey indicated that we had
23 chronically homeless vets in
the county.
At the homeless stand down, our first ever, we had about 60
homeless vets actually sign
in, the majority of whom were from Denton.
This year, the point in time indicated there were 31
homeless vets, chronically homeless
vets in the county.
We have a better marketing campaign this year and a little
more emphasis on trying to get
Louisville veterans involved.
So we're not sure what number we're going to get on
Thursday, but we think it's going
to be substantially larger.
We're expecting, we expect we'll have about 100, hopefully
not, but that's kind of what
we're expecting.
If you have the opportunity on Thursday from 9 a.m. to 2 p.
m., please stop by the Civic
Center to see some of these homeless vets, maybe talk to
them and to thank the various
agents that are there in support and are trying to help us
resolve this issue and to help
us attack this again as a community issue.
So thanks again for your time, your support, and as I tell
people all the time, it is great
to be a veteran in Denton.
So thank you.
- Thank you very much.
Thank you.
All right, we'll move on to our consent agenda.
Council Member Hawkins.
- Thank you, Mayor.
I'll move approval of consent agenda items A through R, but
we're going to be pulling
items B and F for individual consideration.
- Okay, Council Member Wasney.
- I second the motion.
- Okay, so we have a motion to approve the consent agenda
items A through R, save items
B and F, which are being removed for individual
consideration.
Is that correct?
- Yes.
- Okay.
- Yes.
- All right.
So let's vote on the board, please.
- Motion carried, six, zero.
Okay, now we will take up agenda items four B and four F as
items for individual consideration,
and we do have a card for each one of those from the public
wishing to speak.
So we'll take agenda item four B, which is considered
option of ordinance, accepting
competitive bids and awarding a public works contract for
the construction of the Northwest
Denton Park Loop Trail.
- Thank you, Mayor.
I'd like to call on Jim Mays, our Superintendent of Park
Planning.
- Thanks for the opportunity to discuss this with you today
.
Let me pull this up.
I'm very excited that this has had the opportunity to go to
bid, and we've had an successful
bidder.
Again, this is Northwest Denton Loop Trail.
A little bit of background about the project.
In all, it's 15,143 linear feet, or 2.68 miles.
It has two 70-foot pedestrian bridges that are AASHTO
compliant.
It includes one signalized intersection at the intersection
of Highway 77 and Nicosia.
The grant was awarded July 26th of 2013.
It's a federal matching grant with a maximum funding
imbalance of $1,298,958.
Again, it's an 80/20 split match.
The city funds for the match are $324,739 plus engineering
and easement data.
Here's an aerial view that shows the trail overview.
We show a schematic on the next slide.
This one is essentially just for orientation.
Here we have Evers Park, Evers Elementary.
We're going to be supplying a very much needed pedestrian
bridge to link the
McCamey-Evers subdivision to Evers Elementary.
The trail goes along the regional detention pond up through
North Point.
At the fall meadow, there's a bridge.
Goes along North Point Park.
Extends down Hercules to Nicosia.
Here's our fully signalized intersection.
Has a leg that goes up to Discovery Park.
Offices over at the signalized intersection to the end of V
ellis Athletics Complex.
Extends down.
In this original component, I want to show you a few
augmentations that we had.
Let me advance onto that.
Here's the schematic view again.
It's Evers Park, Evers Elementary.
Again, these are the locations that we discussed.
Additionally, there's where it connects North Lakes Park.
It also connects to the Windsor, the existing Windsor Bicy
cle Trails and the Hinkle Bicycle
Trail.
Essentially, this trail segment can link to other
components throughout the community
and get you all the way to Windsor at Old North.
This amendment here, I apologize for the, this should read
the future McNatt, the dog
partner had McNatt instead of animal control.
My apologies for that.
But essentially, instead of taking the original trail that
would have gone down Riney, what
we've done is incorporated the trail segment into various
other components that we're developing
in North Lakes anyway.
This trail component segues through where we'll have an
additional dog park here at
North Lakes Park adjacent to Linda McNatt.
This is where we'll have our parking that we've already
have engineered and ready to
work on.
The trail also extends to the existing Wildflower Trail.
Additionally, it connects to trails that we are in the
middle of building right now.
We've already cut some trails that go throughout the new
nature trails that are north of Windsor
Pond.
This is really, in addition to a very good mobility
component, it links a number of projects
that we'll have.
The trail will terminate where we will move the tennis
center to and where it connects
to Windsor and both Hinkle trails.
The successful bidder was North Rock Construction.
They're a local Denton company located there off the loop.
They have four years experience building similar trails.
They built trails of nearly the same size and width and
length and similar amenities
for the city of Plano, the city of Grand Prairie, and the
city of Irving.
They're the lowest out of six bidders for IFB 1631 in the
amount of $1,723,855.91.
They came well under the engineers estimate of probable
cost and we project that this
project will take them 270 days.
All right, any questions for staff?
Will we hear public comment?
Yes, Councilmember McGarry.
Well, thank you so much for bringing this forward and I
have a question about that future
dog park.
Yes.
Is that scheduled to be open at the same time as the
project is completed or will that be
after the project is completed?
There are some other projects that have taken some preced
ence in order for us to facilitate
that project and we're actively scheduling those.
We're similar to other developers in the fact that if there
are infrastructure, missing
infrastructure needs to be incorporated, we have to supply
that.
Currently there's a water connection that we're having that
we're through the contractors
there at Denton Water Utilities.
They are installing that missing water component and that
has to take place before we can begin
our project.
So we're getting the necessary utilities and infrastructure
in place and then we'll
be able to give a much more effective timeline.
Mayor Pro Tem.
There was at one time, this was six, five, five years ago
or something, around the Discovery
Park area that there was a trail at some point that folks
that worked out there were taking
biking on and whatnot.
Are you familiar with that and does this tie into that at
all given that it's going over
in that direction?
I've not had any work with the UNT staff on that.
I'd be more than willing to look into that.
The confines of what we have text on, financially obligated
.
Again, it's more of a thing of just taking advantage of
something that might exist.
I'll see what I can find out too in the past month.
I would consider that an additional.
Yeah.
Thank you.
Great project.
Great.
Any other questions for staff?
All right.
Thank you.
We do have a card wishing to speak on this agenda item.
Mr. Willie Hutspeth, if you'll come up, state your name and
address.
Your time will begin.
Yes, sir.
Willie Hutspeth, I live at 623 Newton.
What's the other one before that?
That one?
Okay.
Now, where's Riney Road?
Riney North South or Riney East West?
North South.
Okay.
The Riney North South would be this one right here.
That's where the old YMCA is right there.
When Riney East West is right up here.
One of them connects to Bonney Bray.
Yes, and that's the Riney East West.
Okay.
You find the cursor.
Here it is.
This right there.
All right.
That's it.
Okay.
Now, where's the dog park from there?
Let me show you on the graphic.
Right along 77.
Excuse me.
My eyes focus.
Right here.
The dog park is there.
Now, where's Riney?
Riney is-
On Bonney Bray East West.
Right here.
Okay.
So that's where we are.
All right.
What is the surface made of?
Did you say they're building a trail?
What is it?
What's the surface?
It is, it's concrete trail.
It's concrete.
Okay.
And how wide?
It's this section here.
The majority of the trail is 12 foot and this section here
is eight.
Which is four foot?
No, not four.
No, it's-
Mr. Espin?
Yes.
Do you want to-
Yeah, let the time go.
This is all I want to know.
Okay.
So, you're saying go ahead and start the time?
Is that what you're saying?
Yes, because I just- just questions about this is all I
want to know.
Okay, okay.
Sure.
You bet.
No discussion.
I'm sorry?
Okay.
Okay.
No problem.
Okay.
What's with?
Did you say-
Did you say it- I'm sorry.
Excuse me just a moment.
Did you say it has started or it has started?
Okay.
Okay.
I'm sorry.
Go ahead.
I'm sorry.
I'm sorry.
One minute, ten seconds.
One minute, ten seconds.
Okay.
Yes, sir.
Let me blow this right up.
I'll show you.
The orange is 12 foot and all the red is-
12 foot feet wide?
Yes, sir.
12 foot wide.
And then what's the other- what?
Sir?
40 seconds.
Okay, good.
Thank you.
The area along- the only thing that is narrower is this
area along Hercules and right there
adjacent to Heaver's Elementary School.
What's the width there?
It's eight foot.
Okay.
Thank you.
Thanks.
All right.
Thank you.
Okay.
Council Member Briggs.
Approval of item 4B.
Mayor Pro Tem.
Second.
We have a motion and a second for agenda item 4B.
Please vote on the board, please.
Motion carries 6-0.
We'll now take agenda item 4F, which is consider adoption
of an ordinance of the city of Denton,
Texas to declare the intent to reimburse capital program
expenditures of the electric utility,
solid waste, and general government with tax preferred
obligations.
Thank you, Mayor.
Tony Fuentes, our Assistant Director of Planning, will be
handling this item.
Mayor, city council, good evening today.
I don't have a formal presentation for you, so I'm just
going to go briefly through a
little bit of explanation on this item.
You do have in your backup as part of the ordinance a
detailed description of the projects
for both electric, solid waste, and also general government
.
The purpose of this item is to meet federal and state
requirements in order for the city
to be able to expend funds before the actual bonds are
issued.
We are planning to issue those bonds in the spring of 2017.
These projects are projects that generally have long lead
times, especially when it comes
to vehicles.
Other projects, contracts may be ready to come to the
council and funds may need to
be encumbered, and so there's an expediency need for this
approval.
This only reflects a portion of the total CIP that the
council approved as part of the
2016-17 CIP budget.
And a breakdown, a real quick breakdown for you of this
item, we are planning to utilize
$65 million in certificates of obligation for electric
related projects, the majority
of those being transmission related projects, about 70% of
that total amount is related
to transmission.
$23.5 million in certificates of obligation for solid waste
projects, most of those tend
to be vehicles and other improvements to our solid waste
facility.
$10.2 million in CEOs for general government, and $2.1
million in GOs for general government,
and the latter related to the 2014 bond election projects.
For the CEOs, I just want to quickly remind you that $10
million included $5 million in
public safety related projects, primarily radio upgrades,
as you know, we're upgrading
our radios to digital formats, and also $3 million related
to our CAD system replacement.
So that concludes my presentation.
I'll stand for any questions that you may have.
>> Councilmember Briggs.
>> So I asked to have this pulled for discussion, because
when I saw the full amount for like
$100 million to be passed in the Kitson agenda, I was kind
of shocked.
And then I looked in the backup, and there were some things
that I remember discussing,
and then there's some that I don't remember discussing.
And I wanted to ask a few questions.
I would prefer the general obligation bonds to be a
separate vote than the CEOs, personally.
And then my other question is, how come the $65 million of
utility debt, why is it utility
debt, why is it not utility debt instead of city debt?
Or is it?
>> Well, a couple of things.
The first thing, Councilmember, this is simply just to
document our intent to eventually
reimburse ourselves with the issuance of bonds.
That ordinance to issue the bonds will come back to you
probably in the March, April timeframe,
at which time you'll have the opportunity to specifically
vote on that particular issuance.
>> Okay.
So, if voting yes tonight doesn't mean necessarily that I'm
voting for these specific things
that I will have an option later on?
>> That's correct.
This is simply to document the city's intent to eventually
reimburse itself.
Under federal law, we're required to do that.
But at the same time, it also gives us the authority to
move forward with the list of
these projects to begin to expend funds, unencumbered funds
that the city has, that
we will eventually reimburse ourselves once the bonds are
issued in whatever form those
bonds come.
>> So, like the Denton Energy Center substation is on here,
so voting for this is voting for
like that project?
Is that what you're saying?
>> The RDP plan is not part of this reimbursement ordinance
.
>> Okay.
>> It's part of the CIP, but it's not part of this notice
of this intention to reimburse
ourselves.
>> Okay.
So, if it's on the list, it doesn't necessarily mean that
we're approving that item?
>> Yeah, that's correct.
>> Okay.
Thank you.
>> Yeah.
>> Councilmember Begheeri.
>> I don't know if I understood you, Mr. Puente.
Is this a city debt that's being incurred or is it a
utility site debt that's being incurred?
Which balance sheet is it going to be on?
>> The debt that's issued, the debt that would eventually
be issued for electric will be
paid out of the electric system revenue.
So, that will be on the electric balance sheet.
Same thing for solid waste.
>> Okay.
So, these are coming out of each of the enterprise funds
then?
>> That's correct.
>> Okay.
Thank you.
>> Mayor Pro Tem.
>> There's also a note on here that says each of these
projects were included in the fiscal
year 2016-2017 adopted CIP budget, correct?
>> That's correct.
>> So, at the point of adopting our budget and voting on
that, we gave our consent that
these were projects that we were willing to fund?
>> That's correct.
And this is just simply, again, to document our intent to
reimburse ourselves in the future
once those bonds are actually issued.
>> Great.
Thanks.
>> Any other questions for staff?
Okay.
Thank you.
We do have a public card for public comment.
Mr. Willie Hussbett, if you'll come down and state your
name.
Okay.
All right.
The Chair would entertain a motion.
Action on this item.
Mayor Pro Tem.
>> Thank you, Mayor.
I move approval of Agenda Item 4F.
>> Councilmember Hawkins?
>> I'll second.
>> We have a motion and a second for Agenda Item 4F.
Let's vote on the board, please.
>> Motion carries 6-0.
We have pulled Agenda Item 5A, so we will not be
considering that item at this time.
So therefore, we will move to Agenda Item 6A, which is
consider appointments to a charter
review committee.
>> Yes, sir.
Mayor, our City Secretary, Jennifer Walter, stands ready to
take any appointments that
the Council may have for the charter review committee.
>> Okay.
Councilmember Begheri?
I mean, I'm sorry, Briggs.
Sorry.
>> I would like to nominate Erin Clegg.
Erin Clegg, C-L-E-G-G.
And Annetta Ramsey.
>> Okay.
Was that all for this time?
>> For now, yes.
>> All right.
Councilmember Begheri?
>> And I'm nominating David Zultner and Kyle Eaton right
now.
>> Okay.
Councilmember Wasney?
>> I have three names nominations.
Patrice Lyke, L-Y-K-E, Michael Upshaw, and Steve Sullivan.
>> Okay.
Was that, Councilmember Hawkins?
>> Yeah.
Last week, I nominated Phil Gallivan and Cheryl English,
and I'd like to add Billy Cheek this
week.
>> Mayor Pro Tem.
>> Thank you, Mayor.
I'd like to appoint Jim Alexander, Collette Johnson, and
Stu Moorhead.
>> Okay.
I have a couple.
Monica Glenn and Joe Mulroy.
And so we have, who's got outstanding nominations still?
I do.
Dalton, Councilmember Briggs, and Councilmember Begheri.
Okay.
All right.
Just wanted to double check.
Did you, Madam City Secretary, did you want to repeat those
names, or do you think you've
got them?
>> No, I have the mayor.
I would just ask if any of the council members have
addresses, phone numbers, et cetera,
if they could email me with those so we can get a list of
all that started.
>> Will do.
All right.
Thank you.
Mr. Husband, comment.
State your name and address.
Your time will begin.
>> My name is Willie Husband.
I live at 623 Newton.
This is a very important step in our history to get the
charter some additions and some
clarifications of what's on that charter committee or that
's in the charter.
One of the things that happened at that meeting that I
attended when you decided how the people
will be chosen is part of why people like me who come down
here and has been working
with the city trying to get it to be fair with everybody
that lives in the city, all
ethnic groups, all socioeconomic groups, one of the things
that troubled me is what you
did at that meeting.
As I understand it, it was an attorney driven decision,
meaning the attorney came up with
changing the way the city council members select committee
members for this group.
All of the other committees are chosen by the city council
personnel all throughout
the city, whoever they wanted to put on the agenda, on the
committee.
The argument was the reason why you changed it attorney
driven, meaning the attorney came
up with this, to only being able to choose people in your
area, in the area where you
ran for office was so that here's some of the discussion.
This is what troubles people like me who come to these
meetings all the time.
Supposedly you wanted to get a mixture of people in the
whole city.
The argument was it would taint who would be on the
committee.
It would be just if you, some of you said you looked at who
you would select and it
turns out you would have just, I don't remember how you
said it but it meant, it said, it
seems like geographically the person couldn't vote for the
concerns for the whole city.
I just wondered aloud to myself, how does that make any
sense that just because you
live on one street or the other, your vote would be
different.
It wouldn't reflect the rest of the city.
I know some of those people that were nominated.
In the past, what they've done didn't reflect the group
that I'm most concerned with, which
is Southeast Denton.
I don't see very much representation of the represent for
Southeast Denton or the Hispanic
community and I'll just come back.
Thank you.
All right, so I don't believe we have any further action on
that agenda item.
So we'll move on to agenda item 7A, which are public
hearings.
Hold a public hearing.
Consider adoption of an ordinance of the city of Denton,
Texas regarding a rezoning from
downtown residential DR1 to a downtown residential DR2 and
I will now open the public hearing.
Thank you, Mayor.
Haley Zagurski, our assistant planner, will be addressing
this item for us.
Good evening.
So this is case Z1617, which is for St. John Paul II
University Pastoral Center.
The request is to consider adoption of an ordinance to the
city of Denton regarding
a rezoning from downtown residential 1 district to downtown
residential 2 district on approximately
.87 acres of land, which is generally located on the east
side of McCormick Street, about
100 feet south of Eagle Drive.
So you can see here the property is located, like I said,
just on the east side of McCormick
Street.
It's comprised of three individual lots that are all under
the same ownership and it is
less than 150 feet from the UNT campus.
So this provides a little more recent look.
The three homes that were on those lots have recently been
demolished and the area around
it is a mix of single family, multi family, and other UNT
services.
So currently the three lots are all zoned DR1.
The proposal is to take them to DR2.
You can see from the zoning map the entire area surrounding
this is kind of a mix of
all the downtown residential and commercial districts there
.
And looking at our comprehensive plan, this area is
designated as a neighborhood university
compatibility area.
So it's desired or intended to be a mix of residential and
commercial areas that are
adjacent to the two universities that are affected by that
proximity.
The intent would be to create compatible form and land uses
for these areas that surround
the universities to accommodate the existing neighborhoods
as well as the acknowledged
growth of those universities and the need for more student
housing and student resources
near the campuses.
So the considerations for this case, rezoning to DR2 is a
fairly logical extension.
The property just north of them was rezoned just a few
months ago from DR1 to DR2, in
that case to allow for apartments.
In this case the applicant's intent is to put a pastoral
center there for use by the
students.
DR2 is consistent with that future land use designation.
This would be providing a service to the students on campus
that is easily accessible to them
by walking or biking.
And like I said before, the location is less than 150 feet
from the campus, so it seemed
a logical location for a student service center such as
this.
And I'd also like to point out that any of the other uses
allowed in DR2 versus DR1,
which are outlined in your backup, which would include
multifamily and other small business
type things, would all be a good utility for the students
in that area.
It is a highly renter population area, mostly students.
So any of those other allowed uses would also be logical
for the area should this ever redevelop
as something else.
The applicant's primary intent with this rezoning is to
reduce or increase the lot coverage
and thereby reduce the landscaping area that's required
with their development of these three
lots.
So I've outlined here on this table a comparison of the
standards for DR1 versus DR2.
So you can see the lot coverage would increase from 60% to
75%.
The landscaping area would be reduced from a required 40%
to 25%.
In most other ways, they are fairly comparable.
The density is slightly higher because DR2 does allow for
small multifamily development,
whereas DR1 does not.
And the building height would slightly increase.
But overall, the scale of the development between the two
districts would be comparable.
Notification was sent out about this.
We received two responses in favor that were included in
your backup.
And the Planning and Zoning Commission recommended approval
of this request 6-0.
And staff also recommends approval of the request because
of its compatibility with
surrounding properties and land uses, as well as its
consistency with the comprehensive
plan.
And I'll stand for any questions.
Yes, Councilmember Briggs.
Did you say what this was supposed to be, what it was going
to be?
Yes, ma'am.
It's the St. John Paul University Pastoral Center.
Okay, so there's not going to be anyone living there?
No, ma'am.
That's not the intent.
Any other questions for staff at this time?
Seeing none, thank you.
We don't have any cards that have been filled out wishing
to speak, but this is a public
hearing.
Anyone wishing to speak, please come down and state your
name and address, and your
time will begin.
My name is Willie Hutzpeth.
I live at 623 Newton.
This project seems like a worthwhile project that's being
considered.
But just like the selection process of which you decided to
come up with restrictions as
to who could be on this charter committee, it's just hard
to believe that you're being
honest and forthcoming in situations such as this housing
project.
One of the things that troubles me about that whole process
again is you misled us.
You were saying in this selection process and why four of
you decided to vote for this,
that you couldn't make a choice that would be
representative of the city unless each
one of you voted in a specific area.
The other thing that troubles me and why I have difficulty
in believing that even in
this situation you're telling me the truth is when the
charter election was changed or
the charter was changed eight years ago or so, many years,
the rules were each council
person could pick someone on that, a certain number of
people to be on that committee,
irregardless of where they lived.
That's how all committees are chosen.
Then this one, this charter committee formulation was the
same.
You could pick from anywhere in the city.
Why the attorney decided to come up with this different
approach escapes me.
I noticed that the--
>> Mr. Hesped, are you still speaking to this posted agenda
item?
>> Yes, I am.
>> Okay, because I know you're sort of back on the last one
.
>> Because--
>> If you could, yeah.
>> Okay.
>> Sort of--
>> All right.
>> Help me funnel it so I can--
>> I'm going to speak to what I want to speak to.
Tell me the procedure for when Brian leaves his seat and
comes over here and tell me I
have to leave.
Tell me what I have to do to make that happen.
>> If you could just--
>> And I'm going to do it.
>> Okay, if you could just go ahead and wrap up, sir.
>> I'm going to say what I want to say.
>> You've got a minute, 32 seconds left.
>> And you've taken some of my time.
You go ahead and tell me what I have to do to be removed
from this chamber because I'm
speaking what I want to speak and I'm going to do that.
Can you have him come take me out of here or you let me
speak?
>> Please continue, Mr. Hesbeth.
>> The second part of that process was what was given to us
and let me just say so that
when I am arrested and I sure hope I am so I can make my
point, I'm tying this into trust
and reliability up to you of the city council in all areas
and including this one.
And that's how I'm tying it together.
>> Okay.
>> Do I have any more time?
Okay, so would you stop interrupting me, please?
Eight years ago this process took place and you didn't have
these changes.
So I asked myself, why did you change this time?
You know what I figured out?
One of the council members had decided that I was going to
be on that committee.
And when you switched, you knew that my representative in
no way would choose me to be on that committee.
It's fine with me.
It's still will be I think it's still going to be a good
process.
But what upsets me is how it was done and the underhanded
way that it was done, just
like I think this housing proposal is done today.
>> Thank you, sir.
All right.
Anybody else wishing to speak?
This is a public hearing.
Anybody else wishing to speak on this agenda item?
Saying none, we'll close the public hearing.
Mayor Pro Tem.
>> Thank you, mayor.
I move approval of agenda item 7A.
>> Council member Wasney?
>> I second.
>> We have a motion and a second on agenda item 7A.
Let's vote on the board, please.
Most somebody hadn't voted.
>> It didn't.
>> Could we re-vote, please?
>> It didn't.
>> Thank you.
>> Sorry.
It was a yes.
Can you just write?
>> There you go.
>> God, you have to push hard today.
>> Is her vote not registering?
>> I did it.
>> I'm witnessing her.
>> No, it's okay.
We'll take a vote by hand.
I'm sorry?
You have it?
Okay.
Motion carries 6-0.
Moving on to agenda item 7B.
Hold a public hearing.
Consider adoption of an ordinance of the City of Denton,
Texas regarding a rezoning request
to provide initial zoning district designation of regional
center commercial neighborhood
district to an approximate .375 acre property generally
located on the north side of Crawford
Road.
I will now open the public hearing.
>> Thank you, mayor.
Julie Wyatt, our senior planner, will handle this last item
tonight.
>> Good evening.
I'm Julie Wyatt.
The item before you is E1624, ranch view specialty hospital
initial zoning.
The request before you is to consider an initial zoning for
an approximately .375 acre parcel
to RCCN.
The subject property is located north of Crawford Road.
It may look familiar to you.
If it does, it's because it just went through the annex
ation process.
So the annexation was approved in -- the voluntary annex
ation was approved on September 20th
of this year.
When a property is annexed in the City of Denton, it
receives a temporary zoning designation
of RD5X.
The reason for the annexation was the intent for this
property is to develop it with a
specialty hospital.
And so in order to provide consistent guidelines and
requirements throughout the property,
that annexation -- we worked with the applicant and
determined it would be best to go forth
with that annexation in order to have some consistency
throughout it.
This property may also look familiar to you as well because
a recent zoning was approved
on this property right here to extend that RCCN to the
north.
So all of the adjacent properties within the City of Denton
have that RCCN zoning designation.
The future land use of the subject property is low-density
residential.
Low-density residential is intended to have one to four
dwelling units per acre in a suburban
type development.
When staff looked at this property and in this request, we
really determined that probably
suburban type development is not appropriate along the
highway and at the corner of a highway
and an arterial.
So we had to take a little deeper dive into the request.
And we looked at an additional map within the comprehensive
plan, Denton Plan 2030,
and we looked at the pervert growth concept.
This map is actually the basis for the future land use map,
and it was created with public
input during that public input put phase of the Denton Plan
2030.
Within that, the citizens determined where they want the
growth and development, the
commercial type development to go within the city.
And as you can see down here, this is Crawford Road right
here, and this is I-35.
This is schematic, so it's not quite on the subject
property.
But in this general area, the intent is to have a nearby
moderate density.
And this moderate density is supposed to have higher dens
ities, employment uses, commercial
uses, and that makes sense for this area because of the
access and the visibility on I-35.
So we felt like this was a better metric to review and
analyze this case for, analyze
the case instead of the future land use map.
So the considerations we looked at, the future residential
development out in this area for
Robeson Ranch, Hunter Ranch, the country lakes, is going to
induce more demand for retail
and services.
RCCN is a logical extension of that existing zoning pattern
.
And although the RCCN doesn't conform to the future land
use map, it is consistent with
that future growth concept for that growth to be centered
at I-35 and Crawford.
And it's also appropriate for the location, given the
visibility and access to I-35W.
We also felt that commercial and office development should
be clustered in areas of greater access,
like this subject property, and in distinct centers.
Public notification was sent out.
We received no responses.
So based upon the considerations and the dent plan, staff
does recommend approval of this
request.
And the Planning and Zoning Commission also recommend
approval.
And I'll stand for any questions.
Any questions for staff?
Any questions?
Seeing none.
Thank you.
This is a public hearing.
Anybody that hasn't filled out a card, if you want to come
speak, please do so.
State your name and address, and your time will begin.
>> My name is Willie Hatsworth.
I live at 623 Newton.
Again, this is something that is taking place that you're
asking the citizens to trust your
decision in this area.
I can't do that at this point because of the way that you
chose the charter committee members.
It was, again, the attorney came up with this for this
change to take place.
The board members had no idea, the commission, some, well,
they acted like they didn't know
that this was going to take place.
Now you have a charter committee that is made up of people
that supposedly represents the
thinking and the well-being of this city.
But you restricted certain council members who would like
to have picked people that
they wanted to be on this committee by saying that they
have to be, that they have to live
in their particular area.
And what really troubles me is you said to us, those of us
who were at that meeting,
that you were doing it so that you could have a fair
representation and you felt like it
would balance it.
And I wondered to myself, who do you think is going to buy
that conversation about geography
is going to make a better decision for this community?
So it troubles me that you did that.
The committee was, as I said, chosen not by the city
council.
It was chosen by the attorney.
Disagreement was voiced at that planning meeting, not, yeah
, that, yeah, whatever you call it,
work session.
And the majority ruled and you voted for that to take place
.
I think that this charter, being as important as it is,
should have been left up to the
people that we're going to vote for the particular items
that are going to be in that charter,
wherever they live.
Let them vote.
We're going to vote on the whole thing.
We're not going to vote on just your district.
We're going to vote on the whole thing.
So I think that the whole thing should have been that.
Now what I want to see in the future is that you do the
same thing.
When council people select people to be on committees and
represent boards, it should
be in your own district.
This or you should stop fooling around with that and
changing it when you have some ulterior
motive.
And you ask yourself, I ask myself, what was the motive for
saying you have to get someone
from your district?
It certainly didn't have anything to do with being fair and
making the process go well.
That had nothing to do with it.
So I believe you have some ulterior motive.
I don't know that to be a fact.
I just wondered aloud, what in the world could be your
motivation for doing that?
So if you continue doing these kinds of things, it's going
to be very hard for citizens to
believe that you have their best interests at heart.
Any other persons wishing to speak on this item?
Seeing none, we'll close the public hearing.
Councilmember Wasney?
I move approval of item 7B.
Councilmember Begheri?
Second.
We have a motion and a second for 7B.
Let's vote on the board, please.
Motion carries 6-0.
We will now go to concluding items.
Councilmember concluding items.
Councilmember Briggs?
So bear with me.
I have a few here.
First, I would like to request a work session on the City
Council Appointee Performance
Review Committee, also known as the CAPER Committee.
It recently came to my attention through questions to staff
and committee members that the contract
of our city attorney automatically renewed at the beginning
of October.
And I did not recall any council discussion on this matter
or review of the recommendations
of the renewal coming out of this assigned committee.
And looking at the committee, I saw the duties were to make
recommendations regarding employment
agreements, including renewals of council appointee
positions.
So my request for the work session discussion to include a
review of the scope of the council
appointee performance review committee, determine how we
can improve the committee process,
and ensure that the entire council can get a voice in
renewal of appointee contracts,
and to determine if a committee reassignment is necessary.
And this request should in no way be interpreted as my
opinion one way or the other regarding
a city attorney.
It's just a matter specific to the process of council
responsibility and accountability.
I would also like to ask for a staff report updating on the
community market, the event
center.
It's been a while since we've heard anything on that.
And also, we have had complaints in our neighborhood about
drones flying around.
And I remember the mayor bringing that up a while ago, but
I don't remember anything
on that specifically.
So just kind of bringing that back around if we have any
policy or ordinances regarding
that.
Also to add my list to the name of council members that
asked for a review of the severance
package policy and guidelines.
And two more, to thank Julie Anderson and the Bike Walk
Denton team for putting on cycle
with the city historic ride yesterday evening.
My son and I went on it, and it was a lovely ride six miles
through the heart of the city.
And I wanted to thank our historic preservation officer,
Roman McAllen, for guiding us through.
And then finally, I would like to thank staff and
acknowledge the work of the striping project
on Nottingham Drive between University and Windsor.
It's very great, and lots of people have already used it.
So thank you.
Councilmember Wasney.
I want to circle back to my call for a moratorium on SROs,
single resident occupancy buildings.
They're not apartments.
They're SROs.
And I know that staff is working on preparing a
presentation on SROs.
But until we have that discussion, I would like council,
sooner than later, to just have
a discussion and consider a moratorium on SROs until and at
which time the council can
either modify the development code for SROs, leave it the
same, or to come forward with
a whole new classification, because right now they're being
built under apartments.
And so I appreciate that soon.
Thank you.
Councilmember McGarry.
Earlier today in our closed session, I mentioned some of
the problems that exist when we have
policies that are not necessarily clear.
And so what I'd like to do is bring up the discussion of
the resolution that enacted
our ethics policy and have a discussion about clarification
of that particular resolution
as we are allowed to do within the confines of the charter,
clarification regarding procedures,
as well as the scope of the actual application of that
resolution.
Okay.
Councilmember Hawkins.
Yeah, I know National Night Out was a little bit ago, but I
did want to thank the organizers
in my neighborhood, Southridge.
They threw a great event, and we had a big turnout.
And it was a lot of fun.
I got a chance to talk to many neighbors about many of the
issues that are facing Denton.
And I walked away with a few great ideas that, you know,
sometimes people don't have enough
time to come to the meetings on Tuesday night.
Or I don't know, maybe they should email.
But it was great just to have that one-on-one FaceTime with
people.
And I just want to thank my neighbor at Southridge.
So thank you.
Anybody else?
I just have one.
The striping at Hickory and Carroll, the bike lane.
I was not aware of that, and going down Hickory heading, I
guess, east to Carroll, it seemed
very awkward.
So if I could just get a – if Council could get a staff
report on how that came about
and is that a safe configuration, I don't know if you've
driven it, but it's very
interesting.
So if we could just get an idea on that.
And also one more.
I have a gentleman who had brought up – I think it's Wood
land that's off of Bell
that is sort of a – doesn't really go too many places.
There's a really bad speed problem down that street,
apparently.
And if we could look at what are some traffic calming ways
to slow that down.
This individual had suggested a cul-de-sac, but I can't
recall the configuration right
off the top of my head, so I'm not sure if that's possible.
But apparently there's a – I think it's Woodland.
Woodland that tees into Bell Avenue, just north of Bell and
380.
Any others?
Okay.
We'll stand adjourned.
Thank you.
[ Silence ]