May 01, 2018 City Council on 2018-05-01 12:00 PM

Good afternoon. Wanted to welcome everybody to this meeting of the Denton City Council on Tuesday, May the 1st, 2018. It's 12.03 p.m. and we do have a quorum. Councilmember Briggs will be arriving at a later time. So we'll go on through our agenda here. Agenda item one is citizen comments on consent agenda items . Do we have any blue cards for consent agenda items? Do not see any. Request for clarification of agenda items listed on the agenda for May the 1st, 2018. Any requests for clarification? Seeing none. All right. Oh. Sorry. Okay. You're good. Okay. Let me just make sure that -- okay. All right. Then we will move on -- excuse me -- through our work session reports. Work session 3A is receive a funding recommendation report from the Community Development Advisory Committee. Mayor and members of the council, the Community Development Advisory Committee and the Human Services Advisory Committee have been working very hard on developing recommendations for funding for the 2018-19 program year. Let's see. Actually, I think I went forward one. But let me just point out last fall, both committees were meeting and they reviewed their applications, made the necessary changes. In December, staff provided application trainings to interested organizations. And in January, those organizations submitted their applications. In February and March, both committees held meetings where those requesting funds made presentations to the committee and they were able to discuss the proposed projects and programs and make sure they understood what projects and programs they wanted -- they would consider funding and how that would benefit the Dent on community. This is a funding history of the Community Development Block Grant and the Home Investment Partnership Program and general funds. The general funds are allocated to human services. And I will point out right now that even though the human services funding, the general funds are included in what the committee will be presenting, those will not be approved in the 2018 action plan. They will not be part -- they will be in the action plan as a description of other activities that are going to be funded, but they will not be approved until the regular budget cycle. So also to point out to you that our proposed 2018-19 funding is based on last year's funding. As I'm sure you're aware, Congress took a bit of time to make their budgetary decisions this year and so we do not have our allocation amounts from the U.S. Department of Housing and Urban Development yet. So we're using last year's when we receive the actual alloc ations, which we're hoping will be towards the end of May. Those funds, if there's any additional funds, staff will go ahead and put those into the projects and programs that are being recommended. After the action plan is approved, then we will come back to counsel and the committees and if there's any problem with those revisions, we'll discuss it some more and come back and make revisions to the action plan. Go ahead. Questions? Thank you, Mayor. Could you describe -- there are CDBG funds distributed by the Community Development Advisory Committee and by the Human Services Advisory Committee. The proposed funds are $591,253 for Community Development Advisory Committee and just $132,500 for the other. How do we divide that out? Can you explain that? Yes. Based on our allocation in Community Development Block Grant funds, 15% of that allocation can go to human services activities and on an annual basis, the entire 15% is set aside for the Human Services Advisory Committee to review and for them to review their agency request and allocate that money. Thank you. Excuse me. Quick question. The home funds on Community Development Advisory Committee funding is $529,000 for the proposed. The actual last year was $382,000. That's correct. So when you say we're using what we sort of had last year, what's the -- are you -- have you had some preliminary numbers somewhere reported from the federal budget that this might be what it's more closely related to? We have some reallocated money that organizations that requested money previously are not going to spend it, so that is put in the budget. Louisa Garcia is our numbers person, so if you have any specific questions. But normally that's the case. If we have funds that aren't being used by an organization or even city programs, it is reallocated into the new -- Okay. So that's some of those funds. So it may be that you're using the 382 from last year plus those additional ones that were unallocated. Correct. And the $630,000, that is a little bit more in the same situation. Okay. All right. Thank you. At this time, if there are no other questions, I would like to introduce the Chair of the Community Development Advisory Committee, Larry Varnes, who is going to talk to you about their recommendations. Oops. Okay. Another way. Okay. Thank you. Thank you. Council members and Mr. Mayor, it's a pleasure to be back once again. I think this is about my fourth time before the Council with the pleasure of representing the Committee, Community Development Advisory Committee as their elected Chair. I do see a committee member here in the present. Dean Piper Lunt is sitting in the front row and a very good hard worker of the community. I will recognize other members of the community just because they put in so much hard work, but they couldn't be here today. Michael Redwine, Anne Patterson, Valda Morgan, Fran Witt, Mary Beth Cottingham, Randy Skinner, and Jody Vickers-Nance. An excellent committee. We were blessed this year by having a combination of returning members plus some new members. So we had the advantage of having new thinking brought into the committee discussions, and I think it turned out to be a very, very, very good balance of opinions. I will talk specifically about the community development portion of the funding. The source from CDBG, as you could see on the previous chart, was $591,253. The source from home, $529,915. That totaled $1,121,168, but we had requests of $1,400 and some odd thousand, $1,494,150, which gave us a shortfall of $372,000. So we did have to make some decisions. What we came forward with was what you see here on the screen. The first amount of $56,960 was for the community or the city county daycare facility improvements. Basically, it was refurbishing the playground and some exterior painting on both of the buildings for a total of $56,960 fully funded. The McKinney Street sidewalks, which is $80,870, is a partial funding because we did, as I say, we had more requests than we did have money. After a lot of discussion, we basically funded $80,000 out of the $125,000. And Hudspeth had sent us a question as to, well, why partial funding? Well, it was the project that you could build a partial sidewalk. You could cut it short and not complete it and complete it under a different budget year. That was our thinking. But we've been told since that the streets department will be able to fund it out of other funds. So it will be completed as proposed, but only the $80,000 will come out of the Hud Block grants. Minor repair program, $75,000 totally funded. We feel that this is a tremendous program for the city of Denton, for underdeveloped communities, a low to moderate income families. And so it was fully funded at $75,000. The Martin Luther King playground replacement at $160,500 was also fully funded. And it was built in 1997. The thing is falling apart. And it started to become a safety issue. And so we felt that indeed that should be expedited and paid in full. It does serve a large number of people. Part of the criteria that our committee used when we were discussing the priorities of these various programs, they're all great programs, but you have to make priority decisions, was the number of people served. And obviously a playground in a park serves a large portion of the surrounding community. So we thought that that was worthwhile. $138,740 for the Thomas Street Water and Sewer Project, completely funded. There were actually three requests this year for water and sewer. We fully funded both the Thomas Street and the Wayne Street requests at $138,740 and $179,183 respectively. What we did not do, however, is because it happened to be about the amount of money that we found in our shortfall, that we did not fund the Kearney Sewer and Water Project. And that took a lot of discussion, actually. Which one, I'm sorry, could you repeat that? Which one was not? Yeah, it was the Kearley, K-E-R-L-E-Y, Kearley Street. Kearley, I may have mispronounced it. No, no, you're good. Which was $296,260. As I say, that was an amount of money that allowed us to fully fund a whole lot of other things. But we know that indeed that there is a need. There is a need on that street for those repairs. But after further discussion with the various departments, it was determined that indeed that those repairs could be funded under the bond issue. And so it had an alternative source of funding. It would not necessarily be a priority, and we may have to wait on that one. And so therefore the committee basically put a priority with the good news that the sidewalks were going to be completed, that that is the priority to put any newfound monies into that might come out of additional funding. Councilman Gregory, you got a question? Yes. Thank you, Mayor. The $75,000 for minor repair program, is that the program where it goes to individuals that are trying to do some upgrades to their home? Yes. Broken water heaters, basically household repairs that they 're not able to fund on their own basis. Do you know how much we spent on that last year or the last few years? Is $75,000 sufficient? The $75,000 is new. Maybe staff can help with the history on that. Yeah. I don't know the exact amount that we spent on that last year, but I know we have some funding that's available still under that program, so that will be combined with this from previous years. But we have done several minor repairs this past year. I can get you that number. Okay. The reason I ask is because of the discussion that we just had on the Curly Street project that we could use CDBG funds, but it was also qualified for our capital improvement program to fund that. So my only concern was if the minor repair program has more demand on it than $75,000 can cover, I would want to at least visit the possibility that some of our bond program could cover either Thomas Street or Wayne Street and move a little money from there if we needed more money for minor repairs. I think right now, again, because we have minor repair money in previous years, I think we're okay for the 2018-19 period. We also occasionally get funds back from homeowners who sell their homes, things like that, and some of that money could be moved into a small amount could be moved into that program as well if we had people coming in and the funds were all gone . So part of that program is you have to say that you're going to live there for a while in order to be eligible for that money? Well, not the minor repair program. The home improvement program where we spend quite a bit of money on a single family unit, you have to, of course, commit to live there. Okay. Thank you. I'm sorry to interrupt you, sir. No problem. I'm sorry about the questions as well. And staff may be able to help with these as well. On the infrastructure projects, and sort of a question, a general question, then a specific question. I'll go with the specific first. On the Thomas Street and Wayne Street, when I look at, it talks about the block group and how much percentage is low and moderate income. Do we have a breakdown of what, a further breakdown of what that is? In other words, how much is in the moderate income range and how much is in the low income? Because I think that would be helpful to understand that if the 79.6% of most of that is moderate income, that's just information we need based upon. And I've said this, I think, in previous years. Sometimes I struggle with funding sort of programs that we do that are sort of our core services anyway with these kind of funds when we have other programs that are more suitable to external funding. So on these two projects, the Thomas Street and the Wayne Street, does this include, is this the full amount of the funding? In other words, the city's not going to be contributing anymore out of the general fund? We understand this is 100% of the money. Does that include the patching, the repatching of the street? Because I know when we tear up the water lines and sewer lines, it really messes up the streets. Are these streets ones that are identified for a total rep aving or if we're doing this? My understanding, correct me if I'm wrong, Barbara, but the repaving comes out of a different budget. This is fixing the rapes. Right. And so I guess I'd like a report on, and this is maybe for staff, it didn't for you guys, or for city manager. So that next step of repaving, how much is that? Is it the full street or is it just the patch in the street that we're repairing? So how do you, so these requests are made from these capital improvements. Are they made from staff or are they made from the community? How do these projects get into the mix of funding potential ? They come from the staff of the department that is trying to make the repair. In those kinds of cases. I will say, Mr. Mayor, that in the past, the committee has been a little bit reluctant to do infrastructure grants. But because of the way that the monies came in this year, we thought that it would be appropriate. For example, I could utilize Wayne Street as a sample. It's basically replacement of 774 feet of a water line and replacement of 600 feet of sanitary sewer line. Now you say, okay, how does that fit within low to moderate income? What they then provided to us is that this project is located in a certain block group number, which is 60, over 60% low and moderate income area. So therefore qualifies from a HUD standpoint for reimburse ment. I think in the moving forward, if when we see these percentages, if we could get a further break if there is the capability of doing that, where okay, yeah, of that, let's say use Wayne Street as you mentioned, 60% low and moderate income. If of that number, let's say 75% of that number was low income and the rest were moderate, whereas if Thomas Street was most of it were moderate income and just a small amount low income, I think that would be helpful in just understanding where our dollars are going as far as because low and moderate income can be a big gap. In the case of Thomas Street, Mr. Mayor, it's 79.6 low and moderate income. And just to point out that moderate income is 80% of the area median income button below and for a family of four, that's approximately 54,000 in that range. So moderate is not what we might consider to be middle income. It's still low income. And what's low? What's low? What's the range for low? If you have a family of four, that's probably 30 something and less. Low 30s, I believe. Okay. Thank you for answering those questions. Any other questions? If not, then whoops. I will go on to. I'll go to home. Home we had expenditures of $529,915, 17,833 of which went to Denton Affordable Housing for Cassie Court and $49,000 to-- on Strata Drive. The reason Strata Drive was so low is that Barbara said that we are reallocating monies that were never spent. This is a prime example. There's about $56,000 that came back to us that we're going to put into Strata. So now we don't have to fund any new monies out of that. So again, it is utilization of the funds through the tracking as to how they're spent over time. $108,000 against Fair Oaks Senior Housing Facilities. That's primarily there are 20 new HVAC units being installed for those families. That was-- and we felt that that was a very good program. 355,082 for home improvement. Well, I think that that's reflective and this has been the case for my service on this committee is that we believe that this particular program has a great deal to do with upgrading the image and the pride of Denton. When you fix up a house on one corner, a neighbor down the street says, "Gee, well, maybe I should do the same kind of thing." So we actually approved slightly more money than they asked for. Not by a lot, by about $8,000 because we had it and we didn 't want to lose the total home amount of money because if you don't spend it, you don't get it. And since we then now supported 100% of all of the home requests, we then as a committee voted to give an additional $8,000 and we know that home improvement can use those monies. So that pretty much summarizes our thinking and the hard work of the committee and thank you so much for your contributions. Jane, any other questions? I believe Council Member Hussbett has a question. Well, just a comment. So I just want to-- first, I think anyone that's participated on this board is outstanding because I did as well. I think great minds think alike. But no, I think also if you've never sat in or watched the meetings, it's phenomenal, the process because as the Chairperson pointed out, you have million plus dollars request and substantially less than that to allocate and so that process is really phenomenal how you kind of point, counterpoint and work through those challenges. So I commend the group for the work you do, understanding that there's a lot of tough decisions because they're all great causes, great needs. I'll pass that on to other committee members. Thank you very much. Thank you. Thank you, Council Member Hussbett. Any other questions, comments? Thank you very much. Appreciate your service. Thank you. Thank you so much. Brandi, you want to keep going forward? Yes. Afternoon, Mayor and Council. I'm Danny Shaw, Human Services Coordinator. I serve as the Staff Liaison to the Human Services Advisory Committee and I'd like to introduce our Chair today, Hannah Garcia. She's going to do a presentation on their recommendations and she won't talk about it but she did an amazing job this year leading the group and creating some pretty cool spreadsheets for SDU so she's got a lot to say today. Thanks. Thank you. Well, this is my first time presenting to you all and I am also petrified. So I am glad that he went first. It helped me get warmed up a little bit, I think, a little less nervous. I have one of my Human Services Advisory Board member colleagues here with me. One of us was able to come and that is Roy. I'm going to butcher your last name. So you wrote it out for me phonetically. On you better. Roy, on you better here who served along with us. This is Roy's first year but the rest of our members, for the most part, we've actually served multiple years which has been added to a good dynamic, a group dynamic. We've built upon each other and learned a lot about the different organizations year after year. So the other members who are not able to join us here today , we have Angela Bennett Engel, Ryan Appleton, Stephen Coffey, Rhonda Love, Meredith Bowie, Laura Mel Shagan, Roy, Pamela Barnes, Christy Wood, Jane Upshaw and myself. I believe Councilmember Gregory has a question. Well, I'll tell you, all of those folks are great folks and everyone that has ever served on that committee, Mr. Hudspeth, they've all been outstanding. You hear what I'm getting at? Are you an alum of the committee? Yes. Excellent. Well, I have to say that serving on this committee is truly one of the greatest things that I have the pleasure of doing. I have served on the committee, how many, three years now? Three, this is my third year and I learn more and more about the needs of our city, the different things that are going on in our city. And what actually gives me the greatest hope is knowing that we can wrap our arms around most of it. Whereas in larger cities, I feel like the need may further exceed the demand. So as with the gentleman who presented prior to me, the asks far exceeded the amount we have estimated our funding will be, but we really tried to work hard to come up with amounts, recommendations that are the best decision in our minds, the best decision for the city and able to do the most good for the organizations too. So generally our priorities align with the service needs that were collected from the United Way of Denton County's needs assessment and from public hearings, focus groups that were during the development of our consolidated plan for housing and community development that is going through 2019. So I think that we're nearing the end of what we've committed to. So we have an opportunity, I think, to think about what we want those to be in the future. Currently our priority areas are housing, homelessness, education and early childhood development, health and mental health care. And those are so broad. So thinking about housing and homelessness is not just the low income, providing low income housing, but it's also helping people prevent homelessness and also helping our neighbors get back on their feet more quickly when that does happen. So it's not just shelter. It's the whole range from what we like to think of it. So applications are submitted through the community. They are submitted and reviewed by the staff for complet eness. Then we meet as a group and we review these applications. So the committee reviews applications for the month of March for the most part. Then we also go through that painstaking, we wish we could fund everybody and we're not able to process. So the recommendations that you all have in your appendix items, Exhibit 3, will detail the recommendations we've made this year in more detail. But what we would like to talk about are the CDBG recommendations primarily. Does anyone have any questions about the detail list in your exhibit? Any questions? Nope. So 20 agencies submitted applications for 22 different programs. So two organizations asked for multiple programs. We're recommending funding for 19 of the 20 agencies and 21 of the programs. We received asks, the amount requested was almost 667,000 and based on the calculations that we worked on with staff on both the CDBG funding and the estimates for population growth in 2018 for the per capita on the sort of home, we came up with a grand total of 4,555,000 as our estimate for what our funding allocation would likely be. So we tried to keep our recommendations within that constraint. So of the organizations who did submit applications, six of them have a primary focus of children and youth. We have two programs with one organization that support the needs of other nonprofits, which is I think one of the most important things because they expand the bandwidth of our organizations through volunteer programs and also through a program that we're all huge fans of called VISTAs. We wish we could just get a VISTA for everyone because they 're so wonderful. One organization that program for seniors, four healthcare programs, two in the mental and behavioral health area and six in the housing and homelessness category for lack of a better term. We have two new agencies that we're recommending for funding, eight agencies that were recommending a slight increase, six organizations for whom we're recommending level funding and three with a decrease in funding. I will note that on the decreases there's one, the Denton County Friends of the Family. They did submit their application late, but that is not the reason for the reduction in funding. The reason was really trying to stay within the constraints of the amount we were given. As a group we did note that if additional funds were to be allocated, we would like to fund them at their full amount. So the decrease doesn't have anything to do with the application being received late. For the CDBG funding specific programs, the City of Denton Parks and Rec Summer Day Camp, I think this is one of those items that has been previously discussed as a city program and perhaps further discussion on funding it through these funds versus others. But we really felt that the need of the program, the fact that they are the only full summer, full scholarship program in Denton, that's why we recommended them so highly. Not quite their full amount of ask, but 25,000 is our recommendation. 37,000 to the Denton City County Day School, 30,000 to the Denton County Friends of the Family, and I believe their full ask was 35,000. So that's the one that we did not recommend the full amount , but that's only because we were trying to stay within the number that we had. 25,000 for the special programs for aging needs span and 20 ,000 for the Salvation Army. Does anyone have any questions about any of these? Council Member Hatsbeth and then Council Member Gregory. So if you could walk me through the Boys and Girls Club going, so 6,000 last year, not allocated this year. Just help me. Well, we felt that the need far exceeds the population they 're able to serve. They're only able to serve one school. It's a charter school. They have one location. They do not have a bus. They do not have busing available or any way to get other students to their location. So without more broad reach, we felt that the money could be better allocated in an area that could serve a more wide population versus a fairly narrow focus. We feel that the mission of what they do is theoretically great, but unfortunately right now the span of who they're able to touch is very, very targeted and there are other ways that we could have recommended that funding to be spent with a larger impact. Thank you. Does that help? Yes. Thank you. Council Member Gregory. That was my question. Any other questions? Yes, we would like to see them expand their reach and come up with a strategy for expansion, but at this time they didn't have that available for us. All right. So our committee really takes our job seriously. I'm not sure if anybody builds spreadsheets for fun on the weekends about things like that, but that is really, I got really excited about it, but because we really wanted to see as we were making these recommendations, we didn't want to come up with an arbitrary number. We didn't want to come up with and say, "Well, let's put a round number in there." We wanted to know what would happen if we do decrease that. Where could we reallocate these funds? Hey, what percentage of our organizations are coming back with an increase from last year? So even realigning the way we came up with sort of a least common denominator of a term to boil down what they were asking for and put things into categories so that we were really better to understand how much of this is going towards salaries, how much of this is going towards direct program support, how much of the ask is going towards direct services to individuals, and really where are the demands coming from in the community? And we're also very considerate as a group. I feel that we want to be sure we're doing the right thing, not for what we believe and not for what we all have a passion for, but really what's best for the city, what's best for the organization. If we do reduce funding, what is the impact to the organization? Because we know that these organizations are also receiving reduced funding across the board. They have a higher demand than ever. We are seeing, there was one organization whose demand increased, I think, 300 percent from December to January. And I don't see that stopping anytime soon as our population grows and as people are also made more aware of the services that we have out there . So the work that these organizations do is more valuable than ever. But there were two areas of the 22 applications we received , there are two areas that really stood out to us as patterns. So after reviewing these for three years, and in some cases with my fellow committee members, four or five years they've been reviewing things, there were a couple of patterns that we saw that we would kind of, if it's okay with you all, we would like to point out and perhaps bring up to the group that the needs and problems that are facing these underserved citizens are really common across all of the different groups. Well, we have 20 different groups. We saw a pattern across a lot of them, and so we just wanted to bring that up to you all. Lack of affordable housing, I think that we're all aware of this, but as the population increases, property values are increasing, the low income housing is converted to university or other high rental units. Our workforce population that is earning, as we were talking before about the low to moderate income, really also thinking about the low to very low end of it. They're just not able to afford the rent, or if they are, then they're not able to handle unexpected things that come up. In the other, the minor home repairs and things like that, those are so important because they can actually mean that you're able to stay there longer. I think that the things we are doing as a city are great, but we would like to know what we're considering in terms of what our other cities in the country are doing. For instance, Eagle, Colorado, creative zoning, larger business workforce housing laws, and another consideration potentially to update the development code to encourage developers to build more flexible developments, including smaller footprint houses. If people don't have a good place to live, that's kind of ... If homeless prevention is on our list, then that's a main item. The second thing that I feel is the most important thing, as we look at these applications, we review ... We ask them to tell us, "List your salaries over your employees. Tell us how long people have been there." We do look at an equity of, "Is the leadership top heavy? How is it distributed? How is the program funded?" We look at a lot of the financials, but of the 20 grant applications, 18 listed their lowest wage as $15 an hour or less. $15 an hour, you might think. Okay, well, that's at least double digits, right? The lowest was $7.21 an hour. If we think about the low and very low income guidelines, the staff at most of these organizations, the individuals who are running these organizations, 80% of them, I would estimate, are paid in the low to very low income category. I'm sure there are a lot of reasons for that. I actually worked in nonprofits for a long time, and so I also understand from coming from the grant asking side of things that you want to show that your expenses are low, and you want to be lean, and you want to do as much as you can with as little as possible. There's also the need to pay our employees a livable wage so that we're not perpetuating, sending people from one organization across the street to the other organization because they're not able to actually afford the same services. If we, as a community, don't do something about it, I think , and change the expectations, we're going to continue that cycle. Career retention is also a problem that the organizations are bringing up to us. I think, obviously, those two things likely come together. If an organization commented to us that their, let's see, they called it a ... positions are usually stepping stones, and that their employees could walk across the street to Starbucks and earn more. We can't change the world as the committee. We can't change a lot, but what we have discussed is adjusting our application wording and our training. Let them know that we would give preference to organizations who paid their employees above the head guidelines for a very low income. Drawing a line there would actually currently eliminate some of the applicants. We don't want to do that, but we would like them to understand that it is important to us that they pay their employees a livable wage. We are certainly open to suggestions from you all on how you would recommend we address that, but it's something that really stands out to us as we 're feeding people back into the same system if we continue this way. I will pause and ask if you have any questions. Any questions so far? About any of the organizations, any of the recommendations or process, anything? I'm happy to also set something up separately if anyone wants to dig into more detail and see my spreadsheet. With that, I suppose that the grant recommendations is concluded. Thank you very much. Appreciate it. Thank you. Very good. Thank you. From here, the public comment period on the 2018 Act, the public comment period on the 2018 Action Plan is this month of May. We have advertised it in the newspaper. You may have seen it this past weekend and also it's on the city's website. The public hearing on the plan will be May 22nd. June 5th is when we will, if we've made any changes, we will come to council on June 5th with the Action Plan and then it's required to be submitted to the Department of Housing and Urban Development on the 15th of June. The program year starts August 1. If we find out at the end of this month that we're getting more money, keep your fingers crossed, or we're getting less, then staff will make some revisions to the Action Plan and any revisions you request and bring that to council. Please remember that we can always amend our Action Plan. If we pass it because of the timeframe that we must submit it within, then we can come back and make changes and send amendments to the Department of Housing and Urban Development. But this is our schedule. Any questions? Any questions for staff? We will get you the information that you requested. Okay, great. All right. Thank you. Thank you very much. Appreciate it. Thank you to the presenters, staff. Very good job. Okay. We will move on to Agenda Item 3B, Receive Report and Hold Discussion. Give staff direction regarding policies, procedures, and contractual agreements with nonprofit agencies. Thank you all for coming. Appreciate it. Very good. Thank you so much. Good afternoon. Brian Langley, Deputy City Manager. I wanted to spend a few minutes with you talking about some nonprofit agencies and some recommendations that we have of how to proceed forward with some changes to how we work with these agencies. I'll give you a little bit of background on these in this presentation and then talk to you about three specific nonprofits that we've been taking a look at. Keep Denton Beautiful, KDB, the Denton Animal Support Foundation, and Friends of the Denton Public Library. Basically what we're talking about is looking at from a contract basis and an ordinance basis making sure all these procedures are put in writing and we're following good procedures for these different organizations and that each party knows what the other is doing. So as you may recall back in, excuse me, as you may recall back, whoops, if I can get back now. Sensitive keyboard. Thank you. Back in February of 2018, we did have a audit recommendations that came forward to the Council related to Parks Foundation. As we looked at those globally, there were lots of recommendations which we'll be talking to you about next week and where we are in implementing those. There were some general recommendations regarding defining the relationship between the city and the foundation, establishing financial policies and procedures and outlining reporting requirements between the two agencies. So we believe that those same types of elements apply to these nonprofit agencies and so we began looking proactively at these other nonprofits that we 're working with to see what was some of the common elements that we had there that we also needed to address. And so I'll go through some of that with you. So just in terms of background, KDB, I know many of you are familiar with KDB's work. They're governed by an 11 member board. They're charged with working with the city and the community to essentially beautify the city. They have many different programs that they run including the Great American Cleanup, Cigarette Literal Prevention, Adopt a Spot and Red Bud Fest ivals and others. The programs are partially supported by corporate sponsors hips including the City of Denton. As you guys have seen recently, we had a Solid Waste Department sponsorship of $10,000 that came recently to the city. The city also funds about three and a half FTEs out of the solid waste budget. And in your background, you'll see in this exhibit, we've included a financial expense summary for KDB of all of the city's costs and what their revenues are for both the city and for the KDB. The staff roles and responsibilities frankly really aren't clearly defined in the agreement that we have with KDB. There's some language there, but it's not clear specifically about which party is doing what. And what we'd like to do is take some improvements forward to KDB, work with them, work with their board, come back to the council to make that clear going forward. The Denton Animal Support Foundation is a, I know one that many of you are familiar with as well. They're a fundraising organization. Their mission is to save animals through initiatives that promote adoption and prevent abandonment. Most recently, they provided a lot of support to help us construct the Linda McNatt Animal Adoption Center. They worked on marketing, fundraising, educational programs related to that initiative. There's been a lot of ordinances that have been passed in the past about the DASF. Most recently in 2010, that expired in September of 2010. So right now we don't have an agreement with the DASF. There's, it's not defined, the procedures are not defined by ordinance. And we're looking to try to bring something forward that would clarify that. Is there a question? Mayor Pro Tem has a question. Sorry, it took me a little bit longer than I would have liked to catch up with you. But on the KDB program. Yes ma'am. On slide five, I thought that we also provided rent at the rail yard. That yes, we do allow the office space at the rail yard and that is part of the operational budget that you see on that exhibit three. So that includes that. Thank you. Excuse me, rent of building. There's a rent of building separate line item. That's line item two for $46,800. And that's annual? Yes ma'am. Do we know how long that's for? I don't off the top of my head. We can certainly look to get that for you. I think it may be three, two to three years, four more years. So for the 2014, 2015, there was nothing for rent for the building. And I'm assuming that's because they were in the facility that's over by North Lakes Park. Yes, I believe that's correct. That was the old YMCA building. Right. Yes. Do we know what's in there now? I believe that's vacant. That building is going to be where that's where the tennis center is going to be located. That was funded as part of the 2014 bond program. So that building is going to be looked at as part of that expansion. I see. Okay. Thank you. So the DASF provides financial donations for adoptions, veterinary equipment. They submit funding requests. Staff, city staff, submits funding requests to the DASF. They consider that. They make recommendations and then send those donations back to the city for those programs. They budgeted $55,000 annually for those adoptions, including the DASF support. If you could get back there. So it says current practice is not defined by ordinance. It seems like though really, and so correct me if I'm wrong , it's my perception of what's really happening here. So what will happen is somebody will make a request from the adoption center, request to DASF to cover various sundry things. And the board considers that and they either approve that funding or not. And then they send the money to the city. So fairly simple, fairly basic. So it wouldn't be that difficult to craft something that just memorializes that process. I think that's correct. I don't think it's a complicated agreement, but to make sure it's clear when they send us those funds that they will be used for those specified purposes that they gave us and that we understand kind of what the staff is going to be advocating for in the programs. Okay. Great. So that's relatively simple. So the last organization I'll talk about is the Friends of the Denton Public Library. This is governed by a large board, 17 member board. The director of libraries, Jennifer Becker, serves as a liaison between the board and the city. Their mission, as you might guess, is to promote library programs throughout the community. They have various initiatives that they do on that. They operate a store at North Branch Library and they donate proceeds back to the library itself. They provide financial support for the annual summer reading challenge. But there is no formal agreement at all between the city and the Friends of the Library. And one of the things that we looked at is there's a we eding process that the libraries go through and they take old materials out, materials that may be damaged, materials that are not really being checked out on a routine basis. And they've been providing that to the Friends of the Library and having them sell those materials and then sending the monies back to the city. But there's been no agreement, no formal authorization to do that. I think it's all in the right intentions. But again, we want to do it proactively to make sure that we handle that going forward the right way. >> With Councilmember Gregory. >> Yes, sir. >> It did not indicate in the backup that I saw and it doesn't on this slide. Is the Friends of the Denton Public Library a 501C3? >> Yes, they are. >> Okay. >> That's correct. So the recommendations and I've talked about some of these as we went through the presentation for KDB would be define the roles and responsibilities of city staff, reflect some of the recent organizational changes that we've made, having them report up under sustainability rather than solid waste per se, require financial reporting including donations and the sponsorships received to be clearly described, and report the value of their services and volunteers and programs based on the Keep America Beautiful model. That's currently something that they do, they measure, but it's not in the agreement that that would occur. So again, just trying to make sure everything's properly authorized and documented. Same thing for the DASF, has established a formal agreement , basically establishing all the roles and responsibilities. Again, as we talked about a moment ago, I think that would be a fairly straightforward agreement but we really think we need to have one. And then the Friends of the Library also establish a formal agreement, the sale of the assets, the books that I was talking to you about a moment ago, to make sure that's clearly described, it's consistent with our disposition of property policy, and that there's financial reporting between both entities. So what I'm looking for today is direction to proceed with working on those policies, those procedures, those ordinances, and coming back to the council at a future time and asking you to adopt those. We'll go with Council Member Gregory then Mayor Pro Tem. I think that we should proceed forward, but unfortunately I 'm going to have to say with some cautionary notes. I hope that we do this in a way that builds and confirms the relationships that we have with these organizations and that it does not damage the relationship that we have with these organizations. And I say that because during my time on council I've seen a couple of cases where we have done some revisions in some of our written agreements with some of our volunteer groups that have damaged relationships. And I'm thinking back to an effort to when, I don't know if it was risk management or the legal department wanted to revise our volunteer agreement with Master Naturalist that we're working on at Clear Creek Natural Heritage Center. And the wording was so offensive to a lot of those volunteers that we lost about 80% of the people that were volunteering. That represents a lot of value to the city. We have a more recent incident with our friends at the Parks Board Foundation, the Parks Foundation. So I would just say staff alone looking at these agreements and looking at this wording, you're looking at it from the point of view of a business person watching out for the assets and the accountability issues that you need to for the city. But maybe get someone else to read it that doesn't come from the same background that might be more sensitive to some of the language that's being used to see if it's, while it's crafted to protect the city, it's also crafted in a way that's respectful and appreciative of these great groups that provide a really, really good service. And I'm sorry to have to offer that cautionary note, but history suggests that caution is required. Well, I appreciate that. And I think the way we're approaching it from a staff perspective is a very partnership approach. We really want to work with all these agencies to achieve their mission and also achieve our goals through this process. So we would be drafting the language jointly is what I would propose with each of these groups to make sure it didn't feel as if we were imposing something unreasonable upon them. I actually have met with several members of the KDB board last week, they weren't sure really what was what was happening in this process and want to understand better what we were looking for. And after I explained to them really our goals, they were very much on board with helping and being part of that process. And so I think I've gotten a good start with that group. And I'm sure I'll be able to do the same thing with the other two groups as well. I'm really pleased to hear that. I do have a question about the KDB board, because at one time, we changed the name of the Parks and Recreation Advisory Board to the Parks and Recreation and Beautification Advisory Board. And that was because they became sort of an intermediary between the city and KDB. Does the parks board still serve that function? No, they haven't in some time. Certainly not. Have we changed the parks board authorization to reflect that they're no longer responsible for that? I'll have to look at that, sir. I'm not sure. Because we might need to look at that and look at it also in terms of they're having some oversight over public art. Because if they're not doing those things, we might need to look at revising that and maybe revising the name to be more reflective of their limited scope. I can certainly do that. Thank you. Is there another question? Mayor Pro Tem. Well, I'm also in favor of the direction that staff is proposing, and I appreciate you getting ahead of this as opposed to being reactive. I think it's a good approach to be proactive and solidify our relationship so that we don't get into a situation like we did with the Parks Foundation where we don't really have a clear understanding of what our obligations are, what their obligations are. So that's great. I did want to mention with the KDB rent again, I know that the city is doing everything it can to get out of leases, because it's not really good use of taxpayer money. So I would just I would like some discussion among council if there's a direction as far as you know, looking forward when that lease is up, where is KDB going to be be and should that be in a city owned facility because that $45,000 a year that's going to you know, the Martinez could be actually going towards murals or trees or the actual mission of KDB as opposed to rent. And if we have a space right now, even that's something to consider because that's just money that could be redirected for public purpose. So that's my offer to the rest of council to consider, you know, going forward what we're doing with the rent situation because it is very high rent, that's class A office space. So we can certainly look at that and bring back some options for the council to consider as we go through that process. If that would be acceptable, we can do that for you. Any other questions, comments? I want to echo the sentiments of my colleagues that, you know, good to get out front of it's also to be inclusive and collaborate with the organizations during the drafting of these changes to ensure that we're all sort of moving in the same direction. Okay. Yeah. Well, thank you very much for your time. I appreciate that. Thank you, Brian. Appreciate it. All right. All right. Let's move on to agenda item 3C, receive report and hold discussion give staff direction regarding the construction of the G roll and veil athletic complex capital project. Mayor city council, Gary pack and director parks and recreation. I wanted to provide you a follow up to last week's meeting in regards to the proposed velo soccer complex and hopefully answer some questions that we we had during that time. Some of the questions that came up during the presentation were, can we look at apples to apples comparisons for our restrooms from actual units per facility? Some options, some additional options that that could provide for that as well. Assumption of electrical space as well as a discussion that came up assumption of number of restrooms. If you recall, there is no quote unquote standard for number of restrooms per field within the parks and recreation industry. The net cost between the options and also considering what the total cost of the project would be and then provide a general funding update where nothing has technically changed to date, but just to give you a reminder in that aspect. Again, we're talking about the area in yellow, which is the center of the four field complex at North Lakes Park. Just as a refresher in regards to the existing structure, we have eight units in total for for men's and for for women's as well as a concession area and maintenance storage area as well. And that's a total of about 1000 square feet per per structure. And then the breezeway itself is a little over 1300 square feet and that is everything within the blue rectangle except for the actual buildings, including the overhang, the breezeway itself. And that is a total of 3300 square feet. The first two options are the same as they were presented last week. And then the last two are new options with an updated number of units per structure. Again, option one is proceed as designed with a total of 33 00 square feet moving forward with North Rock Construction Company out of Denton deadline for that contract and that bid is May 18. And again, this building would serve as the gateway and control point as designed for the entire complex. $889,000 in total project again, that's restroom, con cession and breezeway total 3300 square feet at approximately $269 per square foot. In summary, the lowest bid was $5.6 million for the $889, 000 restroom component itself. The other bids that are provided in this slide give you an aspect of what the other costs were in the proposal. I know there was a question last meeting in regards to the $250,000 cost for option number two. We did not have a breakdown as part of the bid specs for that $250,000 to provide a line item detail of what that $250,000 makes up. But when I was figuring the average square foot in these components, I did leave that component out because it was an outlier. I did take all of the bids between the line item bids between option one and option two and created a heat map so I could see where the variations were in regards to its extreme highs and extreme lows. So you could see kind of where the differences in the bids were not privy to the exact details in regards to their methods to how they bid on that. But in my perspective, that $250,000 seemed extremely low based on the average cost of all the bids provided. Option two is to remove the concession and breezeway and redesign it and reposition it so it's in a more approachable fashion when you walk into the facility. If we just removed the breezeway and the concession standard, it'd be off to the side. So we could shift that a little bit. It could be left to where it's at if we decided we wanted to re-approach this in another phase and add the restroom at a different date. That space where the concession would be removed could be just sodded with turf or we could put concrete in there and actually cover it up if we decided to move in that direction. The total cost of this option is $530,000. If you recall last meeting, it was about $517,000. That additional money that makes up the $530,000 is for the actual flat work to fill in that vacant space and I'll show you that on the slide here in the next few slides. Option three and four, as I mentioned earlier, they are prefabricated structures. We did change these designs to match a total of eight units so there's more comparable unit to unit aspect from option one, which is the current design. This is a restroom and concession only. It does provide eight units. It's a little over 1,000 square feet. Total cost is $398,000, which averages out to be $386 per square foot and I'll explain how we got to that number here in a future slide. Again, a general redesign cost is about $30,000. We would have to add a storage cube because we'd be eliminating any maintenance space that we had in the original design, which is a minimal cost and also add a utilities box outside of the structure. This gives you a sense of what the building would look like . These are very similar to the existing structures we have within our parks. The size and design's a little bit different, but these are 100% concrete. The roof, the walls are all prefabbed concrete with textures to look like whether it's wood or split face block or even a metal roof. Again we could color them as determined specifically to match Northlake's existing facilities. These do come totally ready to go. They even have toilet paper in the rolls for the structures , so they are completely ready to roll when they set the building down. To give you an idea what the inside of the buildings look like, there's a concession area as well as a general textured facility. Structure number four, which is prefab structure number two , again provides a concession and restroom only. This one has seven units. Councilman Hutzpeth had asked a question earlier a few weeks ago in regards to a family changing area. This one does have that family changing area right here for special needs activity. That cost is $349,000. It's a little bit smaller. It's 780, roughly 800 square feet. Then a redesign cost, additional storage cube for maintenance equipment and supplies, and then as well as a utility box and flat work for that option as well. This is just a similar structure again with concession windows here. This one is the split face block model with textured walls as well as a concrete roof. These are just to give you an idea of some of the options that you can go with a barn wood appearance, horizontal lap siding, a brick look. The field stone, river walk, Napa Valley look here we have on our existing structures within our parks. Again, here this delta option here is to make it look like a standing seam metal roof. A question came up last week about the appropriate number of restrooms for sports facilities. There is no specific code related to sports fields. I went into the IBC and found the amusement park code and used that as kind of a standard and took four fields. If we have eight teams on four fields at one time, you roughly have 16 teams. You have eight playing and eight coming or going. That gives us 16 plus teams. If you have some teams hanging around for future games, roughly 240 minimum players. If you take that times 1.5 family members, that gives you roughly 360 total people on property at one time. Based on the amusement park code, that's one per 75 for men and one unit for women at 40. I just split the 360 in half and came up with three men units and five women units for a standard that we could use as a template. This one has all the breakdown of the details of expenses. Option one is our current design with eight units at $889, 000. We would not need redesign fees, storage cube, utility box, or additional flat work or any rough in infrastructure as we would for the prefab facilities. That total cost is $889,000 with a total project cost of $5 .6 million. That building again is 3,300 square feet. The modified design as presented originally in the earlier presentations was $517,000. We did add the $13,000 for redesign. That's what gets us to the $530,000 total project cost for the modified version where we take out the breezeway as well as the concession stand. The prefab options, again the first one had eight units. The building cost itself was $270,000 plus some additional fees. We have the redesign cost in that as well, a cost for a storage cube, a utility box, which was roughly $27,000. I just rounded it up to $30,000. Additional flat work that would take on that space, a rough in infrastructure for that facility was about $70,000. That includes the foundation, connection of utilities, delivery, those types of components. Total building costs are $398,000. That would bring our total project cost to roughly $5.2 million. At 1,000 square feet, how I determined the $386 per square foot was I took the gross $5.2 million, or I'm sorry, the $398,000 divided by the 1,0 30 square feet. That was the roll up of all the expenses, just not the building cost itself. Then the prefabricated number two option, again has seven units, one less than the other one. That does have the family changing area for a total cost, a building cost of $349,000 and a total project cost of $5.1 million. That obviously is about $500,000 less than the currently designed project, and that is a total of 780 square feet. As a total funding summary, this is the assumption of a total of $6 million in expenses that includes the structure in the entire park as it's currently designed, as well as $188,000 for project management for Freeze and Nichols. That would include construction meetings, reporting, quality control, inspections, site visits, pay apps, et cetera, to help manage that project for the city since we are currently understaffed. At this time, we're prepared to move forward, answer any questions the council may have. - Council Member Hadsworth. - The original design, did you explore the cost to add the, so option one, to add the family restroom? Is there additional cost or is that something that they can do within the current budget? I can't remember if you said they can kind of carve it out and not create too much of a cost. - Right, so on this side of this corner of the building, this central canal right here basically is the plumbing chase. We would remove this wall and create a wall right in this area, so the plumbing chase would extend all the way down to the end of the building, and then turn this section, this athletic storage area that it is right now, into a family changing room. That could be done at a minimal cost, so we would have to do a change order for that. So it is possible. - So if I may, I lean towards option one and here's why. I think it's the better value. One, I think if I wasn't here, but if I understand the legacy of how we got here, the council purchased some property at CH Collins for $1 million to find out it can't be used. I don't understand how you purchase something and then find out it can't be used, but that's a million dollars. Then they purchased another piece of property for a million dollars that the community was not for, so that's two million, and so now we end up here. I think it's disingenuous to fold in those early decisions and then try to come back and save half a million here. Well, if we were interested in saving, we could have saved two million by presumably doing due diligence up front. I don't know those facts, but I understand from the backup material, the best I can, that's how we get to this third location. And so when you look at the value, it brings the extra space for the half a million. Again, I didn't support it, but we spent round numbers, 800 ,000 on a parking lot, so I'm okay with an extra 500,000 for something that is in need that we can get rolling faster and it's customized. So that's how I get there, looking at the legacy of how we get here and hopefully buying back some trust from those that have been waiting for this project that they're assured we'll do what we say we're going to do. We going forward would do it more timely, and if we do get into a situation where we're behind, we won't then take it out on their project. We'll do something internally to right shape things. So that's how I get there, and my preference is option one and start moving dirt. - Council Member Deff. - My position hasn't changed on this because the way I look at this, this is something that's going to be there for a long time, and I think we get a whole lot better value out of it with option one. And I'm totally in in doing that. Let's do it right. - Okay. I just have a couple of questions. So we got a couple of emails about some cost breakdowns. And so I'm a little confused on something. So when I look at this is the actual North Rock construction, I think it's - I hate to get in and out of this because I can't find my place. Oh, I knew it would happen. I think this is - received an email from Mr. Langley and had three PDFs. One of them is this North Rock construction, which is an itemized list of costs for the restroom only restroom concession stand with breezeway and breezeway deduct. Are you able to pull that up? - Yes, I am. - Okay. If you wouldn't mind doing that, please. So I'll just state right off the bat that, I mean, I think we need what option one is providing as far as the design. My question is trying to understand some of these costs, which - okay, it would be - and we'll need that one that you just looked at. - Okay. - Let's see, is this it? - This is the restroom and concession breezeway, the total cost. - Okay. Well, the email I'm looking at or the exhibit I'm looking at shows restroom only restroom concession stand with breezeway and then breezeway deduct. - Okay. - It's a little bit shorter. - Yeah, this is the summary for the restroom only. Let's see. I thought I put everything in here. I don't have that file. - Okay. - I do have this one, though. - Okay. - This is the restroom only, the roll-up, the $517,000. - Yeah, and that's fine. We can sort of work on that a little bit. So when I see slab on grade, you'll get it, okay. I'm assuming that that means the slab for that particular structure. In other words, the grade beams, everything associated with getting that slab on the ground to support the restroom. So when I look at the - and that's $13,402. When I look at restroom concession stand with breezeway, and of course down at the bottom you see five inch pedestrian paving in lieu of - what column is that? Let me look. Okay, what did you just switch to? - This is everything. - Oh yeah, go back to the other one. You look at column 13, I don't know why it doesn't - but it 's five inch pedestrian paving in lieu of breezeway/concession. - Right. - And that's $13,000. That's just paving over that space with five inches of concrete. Whereas the slab on grade, I'm assuming, is probably going to be five inches thick with exterior and interior grade beams. So then when you look at the restroom concession stand with breezeway, which is that total cost, the slab on grade goes to $48,495, which includes the additional grade. I can understand that if that's 33 - because you've got about 2,000 square feet of slab that needs to be with grade beams. You've got the restroom and the concession stand. The breezeway doesn't need to be unless they want to put - but when I look at the email, remember that one that had the blue - it was the other exhibit that had the blue - yes, that one. - Pre-construction services? - Yes. If you'll go down - and does this add up to the same amount that the north - - This was a third-party estimator that looked at the same construction drawings but actually came in higher than what North Rock had in their bid. - And what is that - go down and tell me what that total is . - It's 900 and change. So it's total of $913,000. So about $30,000 off. That was $889, was it not? - Yes, sir. - Okay. A little less than $30,000. If you'll go back up to the top, there's one that says concrete. Go down from general conditions. Cast in place concrete. Footings, grade beams, slab on grade, concrete benches, reinforced steel. To me, this is the slab. This is the whole concrete required for that site. That is double what the contractor has. Contractor has $48,000. This is $95,000. And the reason I bring that up is if we're basing some of these things on these cost estimators, they're all over the board. And when I look at now on the email that we got sent, the breezeway deduction, which Brian said, it's $92,000. So help me understand exactly what that means. So we've got these two structures. We had these supporting posts, there's four of them, that hold up the roof structure for the breezeway roof. - Correct. - All right? Which that square footage is, I don't even know what that is. It's probably about 1,000 square feet. I mean, 1,500 square feet. I have no idea why that is costing so much. Because you're basically just putting a roof over a open space, which, you know, and now if you're gonna build it with high grade beam steel and all this, I mean, the point is you can build these to last and you can make them look really nice and they can last. But I can't imagine how a roof over that space with four supporting posts is almost $100,000, which is 10% of the total cost of this project. So I have no problem with the design. It is just hard for me to say that to approve this means I 'm accepting that we're going to spend this kind of money on these kinds of projects without really having a clear understanding. And this isn't a criticism of staff. It's not a criticism of management. It's just understanding that how in the world, like the difference between the restroom, the restroom plumbing is $93,000. If you add the concession stand, it goes to $129,000. That's an additional $35,000. What do you have in the concession stand that is a plumbing fixture? Probably got a couple of sinks. I don't even know if you got a grease trap. You may have a grease trap. I don't know. I don't know if I don't know what we're really producing in there, quite honestly. How is adding that when you've already got the plumbing there? So I've got to really think about what direction I want to give on this given these costs. I mean, I agree the facility is needed. I agree that the other options, to me, the costs are just as outrageous because we have to find a way to better analyze these things or I mean, is it just because we're a city that when people bid on municipal projects, they know that, well, you know what, we'll be able to upcharge a little bit because I mean, if these were our projects that the money's coming out of our own personal pockets, we're going to be looking at these numbers a lot harder. And that's what I'm really trying to do is go, how is it? So if you go back to the cost breakdown of the restroom and then the entire site. The PowerPoint version? No, no, the one that the email, the exhibit that you pulled up. Yeah, that one right there. Like let's say, for instance, thermal and moisture protection. I know what moisture protection is when you build a building, you put tie back around it and then you break over it. I don't know what thermal means. I mean, you're going to have a roof so you might spray some foam or you might put a radiant barrier on it. So I don't have any clue why that is so high. And I don't really have a clue on why the masonry is so high either. So it just, it really just astounds me that we've got to figure out a way to do this differently. HVAC is $18,000. You've basically got a restroom component that's a thousand square feet. You've got a concession stand, which if the concession stand is open, how are you going to, I don't guess you're HVAC in the concession stand. There is AC in the concession stand. If you could go to the restroom, what was the AC amount on the restroom? Restroom only? See, no, it's the same. Same, yeah. So it's the same. So they're not putting any. It must be, yeah. So they're saying it's going to cost us $17,000 for HVAC in a thousand square foot structure. Mayor, if I could. Yeah, I mean, Mr. City Manager, I'm really struggling with this. I mean, I agree with the concept, but this is just, I mean, you can get, I mean, HVAC is HVAC, whether it's commercial structure, whether it's residential structure. We totally understand the frustration. I think the issue is this is a hard bid. We don't get the privilege of going through and negotiating line by line in a bid process. We have to take the best and final offer, and it's how this process works. I think moving forward, probably one of the suggestions we 're going to have for you is starting to, I've used construction management at risk contracts in the past for this, because then we can put an estimator together with the contractor and go head to head on these costs as you're doing and have better answers. And in fact, we can even bring them in to talk through what kind of value engineering we've done through that process in order to try to get the building costs as reasonable, as leaned out as possible. With this particular type of a purchasing mechanism with a bid, we don't have that ability. So staff has been forced to sort of try to interpret and explain how the contractor bid, but the bottom line is what we found at least in a couple of these contracts we've looked at is they've allocated costs in different areas. They've allocated costs differently. There's not a standardization. So I think moving forward, what we're going to, and maybe the American Legion project's a good one to take a look at this at, is just changing the method in which we procure so we can have those value engineering discussions with them on an ongoing basis and be a little bit more ready to answer your questions. But in terms of trying to interpret how they put their bids together, we are really at a loss because of the state law and how these best and final offers work. So I think moving forward, that's probably what we're going to recommend to try to address some of that frustration. We get it, we understand it, but there is not continuity necessarily in where these folks have been allocating their costs and distributing them. So we're doing our best to try to get some clarification and answer it, but if we set two contractors down, you would get two very different answers and approaches. And that's sort of the frustration of this bidding process. Okay, and these are based on construction drawings? They are. All right, so if we, like, so then the breezeway is a metal roof or whatever. I mean, so I did ask a question last time. What would it, if we said, take the restroom off of your bid, totally, what would they take off of the bid? I know they took the breezeway off dollar for dollar, but what would they, and I'm not saying suggesting that, but I'm just wanting to know if we got down to that, what is it that they're saying that they would do? So if we took the option one completely out of the total project, we would be able to be free and clear of that, but we would have to add in some additional expenses associated with that component. So in essence, if we wanted to go to option number three, this would be the total cost of the project, $5.2 million, based off of these additional assumptions that we'd have to add back in to that cost. So we could deduct the $889,000, and then we could serve as the general contractor for the installation of the prefabbed construction, and we would work directly with North Rock Construction. Okay. I think he just, North Rock just walked in. Yes, he did. Could I ask him a couple questions, would the council indul ge me in that? I'd just like to ask the contractor a couple questions. Yeah, if you could come on up. Have you been listening to our presentation? No? Okay, okay, good. So it's no surprise that, or no shock that people know that I'm a little frustrated with, has nothing to do with anything about the contracting, but having done some construction, I'm surprised and sort of confused on some of these costs, such as, for example, one of the minor ones was the HVAC in the restroom area. I know you've got to have exhaust fans. I know you've got to have heat and air. It's about a thousand square foot facility, the two rest rooms combined, and it's at $17,000. So help me understand, and I'm just going to use that as one question, and I'll figure there's probably some other answers, but help me understand . Now, we self-perform about 90% of what we do, with the exception of plumbing, electrical. We're basically a civil construction company. Say that statement one more time. You do what? We self-perform about 80 to 90% of all our projects in- house. So that means you do it. But no, what I'm saying is, with the exception on these bathrooms, we do not do plumbing, electrical, and stuff. The bathroom's a small part of what we're going to do on the project ourselves. But we're working with Lynx Construction on this project to put that bathroom together. And so I've seen the numbers that have come in, and they've all been consistent. Like I said, with the plumbing, plumbing number was, I think we were 114, 116, and 150 of the three submitted plumbing bids. I don't remember off the top of my head which HVAC was, but everything was pretty well consistent. We usually had one that was really high, but. So then help me understand the process. So let's just use the bathroom, for example. So it sounds like what you're saying is, when it comes to constructing structures, I mean, you can do the grading and all that kind of stuff, but when it comes to building structures, you might sub that out to somebody who's a little bit more specialized. So then they're going to bid, you give them a set of plans, hey, I need to know what this bathroom's going to cost. They give you a bid. Of course, built into that bid is their overhead profit and things such as that. Of course, you guys then will, in the whole project grand scheme of things, add. So those subbed out components, in essence, are getting, you know, it's the sub profit involved and then also the contractor profit involved. Right. Is what I'm understanding. Okay. Well, you just gave me a piece of information that was very helpful, and I won't say what it was, but it was very helpful. Well, I understand what you're saying. I will say this, that Lien's Construction is one of our sister companies. Yes. And so we didn't. What does that mean? We're all under one, the Orson Holdings Group, and so basically they're my partner's own part of Lien's Construction. Okay. And so what we do is in a situation like this when we come to these projects is we do not take a profit on, like Lienks will build the building with their own profit. It's almost like a joint venture type. Okay. Because we're all still in house, same partners. Okay. And that's how we were actually able to keep the cost lower than if I was to put another percent on it. No, I understand. I mean, you see our numbers are pretty consistent with the other companies with the exception of one a little bit. And then the Breezeway Roof, I'm struggling with $92,000 just for the roof structure. Is that again what you would sub out that's still built into that whole subbed out? Yeah, that's in there, but now we do several pavilions a year ourselves. I mean, that is something that we do on our own. And that price is pretty consistent with what we've been installing everywhere in other cities. Okay. I mean, pre-manufactured buildings like that are... Okay. All right. I'm through. Thank you. All right. I'm through. Council Member Briggs and then Council Member Gregory, do you have a question? Yeah. Council Member Pro Tem. All right. Hello. Just forgive my voice, please. Oh, okay. I'm going to try really hard not to throw up while I'm talking. Would somebody please grab her a trash can or something? Okay. So just about the bathrooms, they make hot dogs and nachos in the concession stands and pre-packaged foods. That's it. There's not a need for like a full kitchen. The restrooms that we have, they have fans and heaters. There's not HVAC in them currently. So this is something that we're doing that we haven't ever done for this one project. So that's weird. I just... I'm not in favor, as you may know. I want to go ahead and say that on record. And I also want you guys to remember that this is a field, a parking lot, and a structure for $6 million. That is a lot of money. I know that we need to do it right. And I think there are other ways that we could do it right that may be more responsible. I would like to see us maybe split the project up and be the general contractor and see what that would look like. I don't think that we need to go forward with the project because we feel like we have to. I think there's other things that we could do. Okay. Councilmember Gregory and then Mayor Pro Tem. I hope that in the very near future, the city does a pilot project with construction management at risk. The Denton Independent School District has been doing that for 18 years. We've been very successful with that. It turns the contractor into a partner with the city. You can go through line by line, Mayor, like you're talking about, and really get into the details on that and find ways to value engineer things and find where you can't because of the need for building a structure that will resist 90 mile an hour winds or what. It just takes more material and more engineering to make it happen. I was involved in the first DISD project with construction management at risk. It was so successful that they've been doing it for 18 years. I think it's important to realize that when we first started talking about this, we weren't sure if we really had the money for the project, but we did . I don't think we ought to spend the money just because we have it. I think the money that we're spending ought to be based on the programming that we've set up in order to accomplish the goals that we're trying to accomplish. It looks like we're doing that. This basic structure doesn't look that dissimilar from what we have at North Lakes Park for our adult softball fields. I've been out there for tournaments. I know the importance of having the concession stands. I know the importance of having the breezeway, a place for people to get in and out of the weather. This is an upgrade, but that facility was built I think in '96 or something. So clearly, we've come a ways since then. Reducing the project will not meet the athletic programming goals and it will cost more money. Reducing the scope of the project will not meet the athletic programming goals. Option one, when you get down to it, for the building, it runs $32,961 per stall. So you look at option two, the cost goes up to $66,000 per stall. That's not a good idea. Option three, the cost is $49,750 per stall. That's 50% more than option one per stall. And you have no concessions, you have no shade, you have no shelter amenities. Option four, the cost is $56,000 per stall. That's 40% more than option one. So option one is the one that meets all of our programming goals. It provides a facility that will allow tournaments, our kids to stay in town for tournaments, our citizens to stay in town for tournaments, and to bring people to town for tournaments. It also, and we've gotten some documentation, that when people come to town for tournaments, so does their money. Because some of those folks come from 50 miles away, some of them come from 100 miles away. And when they come, they end up staying and they spend money. So we need a facility that meets the needs of the athletic program. Option one does that. And when you look at the real cost per stall for restrooms and things like that, it meets it. And you've got food trucks out there, maybe, and maybe not. Food trucks go where they want to go. And they may or may not go there. And having concession stands doesn't eliminate the possibility of food trucks being there. And I am the number one proponent of food trucks here in town. But that allows, option one allows for the most flexibility and for the best amenities for our residents and for visitors to town who would want to use those facilities. So I'm strongly for option one in moving ahead. And then for moving for very soon having our next project with the construction management at risk. I just wanted to clarify option three and four both have concession stands, correct? That is correct. Okay. So the difference between option one, three and four is square feet and a pavilion. Am I understanding that correctly? One has, well, one has a concession stand. Oh, they all have concession stands. And storage space where option three and four do not have storage space. So that's what the cubes are for. Okay. And so the difference then is the pavilion and storage space? That's correct. And the space for the electrical, which would be used in an outside cabinet. Right. Okay. And then flat work, some additional flat work. Well, I'm trying to understand how option three doesn't meet the needs of our sports groups. Am I missing something? Like where, where is it not being met? Are you asking that? Yeah, I just don't, I don't see, I don't know. I actually don't see how it's not meeting the needs of the sporting groups. So I'd like to have more clarification on that. Yes. If it's a question for me, my answer would be there are too few restrooms. The concession standard too small and it provides no storage space for equipment and it provides no shade structure. So it provides a very limited amount of refuge for stormy weather and it provides no amenity for shade or in case of a hail storm, something of that nature. So it's, it's, it's not the full version that was designed to meet the full programming needs. Okay. So I guess question for parks is what are the restroom requirements? Requirements for the actual use? Yeah. Okay. So if you go back to this, there are no specific code for restrooms per soccer field or baseball field or number of people at a complex. So I use the amusement park standard, which is a men's at one unit per 75 men and women one unit per 40 people females to identify what that standard would be. And that's the amusement park standard. And I estimated with four fields, eight teams at approximately 16 teams on property at one time. There could be more with teams coming in and out and sticking around roughly 240 minimum players on property times 1.5 family members is 360 people on property. And I divided that 360 just in half. So 150 men and 150 women. And that gave me three units for the men's side and five for the women's. So option one has how many units then? Eight? Option one has option one. I'll go to this slide. Right? I mean, what I understand is they all have, except for option four, they all have eight units. That's correct. I'm really struggling to find the difference between option three and option one aside from the things that we talked about. I mean, you get to be your own general contractor. I think your needs are met. I agree with you about shade Councilmember Gregory, but that's something that can be addressed perhaps even in a better location for the players and the families elsewhere. And I'm assuming a prefab concrete building has some type of wind resistance. It's 150 miles per hour. And how does that compare to option one? Option one was 115. So has better wind resistance than option one? It's a solid concrete bunker per se. Okay. Well, I'm in favor of option three. Okay. Councilmember Ryan. Okay. Thank you, Mayor. I've struggled with this and a couple of things that I've used in coming to my current decision. One is one having been in the construction business years ago as a project manager and done a lot of estimates. A lot of times things get moved from this point to this point. We're looking at 900,000 out of a $5.6 million bid. So it's quite likely that some things just got shifted onto this. We don't have anything solid that says that these prefabs are going to be the same. But more importantly, I think my decision to prefer option one comes from a standpoint of this is not an area park. It's not a citywide park. This is a regional park and regional facility. And I think that option one, because it's not going to be just the citizens of Denton using this, it's going to be people, as Councilmember Gregory said, coming from out of town and their perception is going to be what they see and to see the concrete restrooms. I'm very good with them and they're very important for sheltering on the wind side, but at the smaller and more local parks. I think that option one is our best bet on this because we do have a hard number on that right now. We don't have an actual hard number on the others. We know how costs tend to go on anything that we're just looking at. We see this roughly that set numbers that they always go up . So I'm in favor of option one. So let me make sure I understand who's where. Councilmember Briggs, you're for just doing it. The whole project you're talking about in-house? I would like to do this, have someone separate build the building. I would hire somebody to do the building. So you're saying the restroom part would just be the separate kind of in-house construction? I'm not in favor of this bid at all. I think it's really high. Okay. All right. Councilmember Ryan, you've expressed option one. Your option three. Mayor Pro Tem, is that correct? Yeah. This is exactly how it broke down last week. I kind of don't know why we're doing this. You don't know why we're doing what? Well, I guess maybe I just forgot, but we had the exact same conversation last week. What changed? Well, I think some of the material that I've seen has changed. I mean, as far as additional material, not this material that was presented in the presentation, but some of the emails with a little bit more breakdown. It's just additional information that I've received. Option three and four have changed because we were comparing apples to apples. So we increased those prefab structures to have a total of eight units, but the other ones had four. Okay. So that's just- I remember now. Okay. So that changed. All right. Well, our vote breakdown is the same. So yeah. Well, this is a good exercise, Mayor Pro Tem. I'm fit. You what? I'm fit enough. I'm good. So you guys are option four? I mean option one. Excuse me. Option one. Yeah. Yes. And one point of, are you familiar with Eureka Park? I know you're, have you, because I've not been out there much, but don't they have heated restrooms there? I'm not sure if they're heated or not. No. Yeah. So it's not, it's not, I know there's a parks in our system that have that feature. So that is not brand new. Right. The heated, heated. And I, and I, I hadn't seen it yet, but once we move forward, I'm trying to tell you, I can go and sell the concession stand. I mean, no one's done it. No one's, I've asked for it a couple of times. I'm trying to tell you, I can find someone to market and put signage on that building and eat up a good portion of this cost. If someone would, it's the only thing out there and I'm trying to tell you, I can get it done by myself. It won't take much to eat up a portion of this cost just by being aggressive and saying, hey, we want to get stuff done here. So I've not seen any numbers. I've mentioned it before, but once, if once we were done, I will do it. I would like to address that because he's, council member, has brought that up a couple, two or three times. We are working on a policy right now. Right now there's no policy to allow you to do that or for the council to even have that discussion. So we are working on a couple of policy revisions to allow the potentially allow food trucks out there and B to potentially sell advertising or that sort of thing in these parks. So we are bringing that discussion so you can have that debate. Thank you. Yes, mayor pro tem. Something that we didn't discuss was the warranties that are involved in the various types of options that we have. So are there different maintenance costs and different warranties associated with, for instance, option one versus the prefab option? I don't have the warranty information offhand. Okay. Great. Thank you. But I can provide that for you. Okay, if we, I mean, we don't have the warranty information for option three, but yeah. Go ahead. I mean, I'm assuming that for the option one and two, there would be some type of warranty of good workmanship or what have you. Yeah. Okay. Yeah. So I guess if council will indulge, I wouldn't, if we could bring the general contractor back up or representative, if they know the answer to that question, is there, is there, if you, if you, yeah, cause nobody can't hear you. This is being broadcast. So I apologize. Sorry. I mean, I don't have it with me, but I mean, normally on city projects, it's a two year warranty on workmanship and materials. I don't know for this specific project. I don't, okay. But that would have been an RFQ, I presume, or RFP, the warranty. Yep. All right. Okay. Oh yes. Yes. I'm sorry. Go ahead. Okay. We do have a two year bond. So once, once the contract's approved, he will provide bonds and it provides a two year warranty bond on all workmanship. Okay. That's standard. Okay. Council member Briggs. Is that the same for the prefab? The prefab, typically when you buy that, you're buying, they'll have a warranty attached to it. I've seen different ones. And we have one the other day. I can't remember the exact timeframe, but sometimes they're a bit longer, but we do require payment performance bonds as well when we're constructing anything. So we have that plus the manufacturer's warranty. And when you say a little longer, like how much? I've seen them for 10. 10 years, right? I don't know what information that they've looked at. So I'm not really sure. Thank you. Oh yes. I have the information with me. I set it up. Yep. For the prefab, this is specifically from a specific company's construction specs and warranty and pre-cast division. The company, I won't mention their name, provides a warranty against defects in material and workmanship for a period of 20 years on all concrete components. The warranty is valid only when the concrete is used within the specific loadings. And then it goes on for a number of things. All other non-crete components will carry a one-year warranty. And that's pretty much the summary. So it sounds like the concrete is 20 and other components within it is one year. Okay. All right. Well, and I mean, I haven't said, I mean, I struggle with this. I mean, when I look at option one, I think just off the top of my head is it 10, 15, 20%, you know, higher than what I would have anticipated. Okay. That's a couple hundred thousand dollars at max. If I look at option three, I thought, well, what if we bought two of those? In other words, we wanted more space. We could maybe prefab instead of having the restroom. You got eight restrooms, you got eight restrooms. Maybe the other prefab could have more storage, have something else that, you know, family changing room or whatever. And that's putting you up to 400 and 400, that's putting you up to basically the same price as option one without the pavilion, without the over the shade. And about a thousand square feet less. Well, it's not about a thousand square feet less. It's about the same because your actual structures are about a thousand each. So you're right back to where you were. I mean, if you tried to get, so if you want to just knock it down to where you don't have as much concession stand space. And I got to tell you, you know, I don't, I don't know if I want a couple of cubes sitting out in a regional park. I mean, I don't know what those cubes look like. They're shipping containers. Maybe we could build something that's a little bit more appropriate. But that I think that would not be reflective of, you know, the city and what we think of our recreational facilities in this city. So reluctantly, I'm going to go ahead and sign on to option one with this very important caveat. I will say unequivocally that I will not be approving these kind of construction costs unless there's some kind of process that is levied that gives us an idea of where they're coming from, how they're determined. Because this has to stop. I mean, we can't keep paying this when I believe you can find that without a justification of it. We went through it with our fire stations. We can bring back these things for us on our fire stations and things such as that. So the only reason I'm going forward on this is we need to get this project finished. The you know, if it's a $200,000 difference, I thought we would have. But by the time we do an option one or something, it's going to become even less. I mean, an option three. So reluctantly, I'm doing that. But I can't, it's going to be difficult for me to do that in the future. So it sounds like it's not unanimous, obviously, but it sounds like there's a consensus to move forward with option one. And my understanding is this is a hard bid. If we don't change anything, and if there's not any unfore seen circumstances during construction, they're not hitting water or rock or anything like that, this is the amount we're going to pay. Yeah, the only thing if Council decided we wanted to move and change this into a family changing or changing room, that would require a change order of some sort. Other than that, we can move forward as I couldn't imagine what that would wind up being, to be honest. But and as that a storage area, this this right here is just a general storage area. That's correct. So what would you do for storage? Well, we do have storage over in here for the maintenance area. So we'd have to just combine that and then this is storage specifically for the concession area. So we do have storage, you know, probably half of the building for the concession area as designed. Okay, all right. Okay. Any other comments, questions? Council Member Hudsbeth. Yeah, no, as the guy that changes the one year old in the stall on the floor, if you don't have the proper stuff, then I'm going to advocate hard for this. And don't worry, once staff comes back, I'll market that too. We'll put a we'll have somebody's logo on the on the table. We'll get it covered. So there's no place where they could put a changing area in the actual existing restrooms like I see in many. We could put changing stations, then they'll drop down on the wall. I think what Councilman referring to is if if I went in there with my daughter, and let's say she's sure, sure, I may feel uncomfortable sending into the women's room. So it's a full it's a full facility with a laboratory, a toilet and a change. You can close the door. Okay, gotcha. All right. Okay, fair enough. Okay. All right. Thank you. Appreciate that. All right. Gosh. I think that includes concludes our work session reports. Let's take a little about a five minute break and then let me call the closed session first. I will convene the closed session at 2 o 2pm. On Tuesday, May 1 2018. We will consider the following items consultation with attorneys under text government code section 551.071 deliberations regarding real property under text government code section 551.072 and deliberations regarding personnel matters under text government code section 551.074. [Silence] [Music] Welcome everybody to this meeting of the Denton City Council. It is May the 1st 2018. It is 6 33pm. If you would stand with me if you're able to join us in the Pledge of Allegiance to the U.S. and Texas flag. [Pledge of Allegiance] [Music] I've got several proclamations I'm going to come down and read but I did want to make a housekeeping announcement on agenda item 5A which is the rezoning for the neighborhood residential NRMU 12 which is the property off of San Jac into. That is an item for individual consideration so if you want to speak we'll need you to fill out a blue card. If you had a public hearing you don't have to but just if you would I wanted to give you a heads up so if you need to fill out a blue card to speak make sure that you you have that information available. Okay the first proclamation is National Day of Prayer. Is Dorothy here? Oh any of y'all come on down. Want you all to introduce yourself and then you'll just sort of share with us just a few moments about the National Day of Prayer and its origin and just some brief background on it. Who wants to pass this down? Yes please yes. Okay I'm Dorothy Smith and I am the Denton Coordinator. I'm John Smith and I'm the gopher. I'm Carolyn Miller. I'm Jim Miller. Beth Fleming. Ruth Adams. Gary Adams. Thank you. Yeah just a little brief. Okay the National Day of Prayer which you may have already heard about many times but anyway it was declared in 1952 by President Truman and he declared a National Day of Prayer and then in in 1988 Reagan President Reagan made it officially the first Thursday in May and that's the way it's been ever since. I don't know that you know it or not but we have two official National Days of Prayer. Did you know that? I think I'm fixing to find out. Okay I'll give you a hint. It's in November. It's the fourth Thursday in November Thanksgiving and it's called the National Day of Thanksgiving officially. Okay well I didn't know that. I thought you did. This year because the weather is not cooperating we have moved the event from the courthouse lawn into Cross Timbers Community Church. It's on West McKinney Street. It was it's Independence Bank I think this right next to now used to be the Old North Star Bank and so we're going to be there. We've got General Attorney General Ken Paxton is coming as our guest this year and we also I don't know you have noticed our theme or not. Is unity and so as an active unity we have invited several nonprofit organizations to set up displays and so they're going to be there and you can find out what's being offered in Denton County and so we invite all of you to come and attend. It's going to be a great event. What time is it? Oh time oh yeah. Our pre event music starts at 1115 and it while people gather and then the main program starts at noon and goes until one o'clock. Thank you thank you thank you so much for what you do every year for that. It's a wonderful gift to our community. This is a proclamation by the mayor of the city of Denton. Whereas the National Day of Prayer was first declared in 17 75 when the Continental Congress appealed to the colonies to pray for wisdom in forming this nation and on May 5th 1988 President Ronald Reagan set forth the first Thursday of May of each year as a National Day of Prayer and where through whereas throughout the history of this great nation many citizens and leaders have and do rely on the power of prayer and their faith in God and whereas there will be a citywide gathering on May 3rd at the courth ouse on the square at noon which we've just heard it will be a cross timbers church on West McKinney at which time people will come together to pray for the seven centers of influence and those being government leaders on all levels our military the media the business community education churches and families. Now therefore I Chris Watts mayor of the city of Denton Texas do hereby proclaim May 3rd 2018 as National Day of Prayer in the city of Denton and encourage all citizens to gather on May 3rd 2018 to pray for our nation. Thank you so much for bringing this to us. Okay the next proclamation is elite material and logistics solution. Who's doing well if you could just introduce yourself. I'm Gene Schindler president and founder of elite material and logistics. You want to tell us a little bit about your company before I read the proclamation. A little bit about our company we started in pondered 1998 with 4000 square foot one employee so we moved to Denton in 2005 we currently have 350,000 square foot 230 something employees we do work for large truck manufacturer down the road here so that's what we do there in their supply base. Fantastic let me read this proclamation on behalf of your company. Whereas elite materials and logistics solutions is celebrating its 20th anniversary and whereas Gene Schneider started Schindler I'm sorry started EMLS as a fabrication business in a 4000 square foot warehouse in Ponder Texas in 1998 with one employee and whereas in 2000 EMLS expanded its services to provide light assembly wareh ousing and logistics to Peter built motors and tier one suppliers and whereas EMLS expanded its warehouse capacity and moved its corporate headquarters to Denton Texas in 2005 and whereas EMLS provides the highest quality to its manufacturing customers and tier one suppliers by its commitment to industry best practices through its zero defect initiative six Sigma and Kaizen 5s practices ISO 2001 2008 industry certification and its in process pursuit of a new industry certification of highest excellence and through dedication to its employees and customers EMLS has grown into a six warehouse 351,000 square foot assembly and logistics business employing 220 wonderful hardworking team members and whereas Gene takes pride in the products and services EMLS produces providing a successful and safe work environment for his employees and by an extension their families and our community. Now therefore I Chris Watts mayor of the city of Denton Texas do hereby proclaim May 19th 2018 as elite material and logistics solutions day EMLS day in the city of Denton and encourage all citizens to recognize and honor this business and its service to the Denton community thanks so much and congratulations. Children mental health awareness day. Okay we do that's good we're going to have you introduce yourselves and just tell us a little bit about children's mental health awareness. Teresa McKinney I'm Pam Gutierrez with Denton County MHMR Laura Prillitz with juvenile probation Sarah Merkel with Denton County MHMR I'm Elizabeth Thering just a volunteer retired teacher. Cole Denbow with Denton County MHMR Chris Hummett with Dent on police Gary Henderson with United Way of Denton County. So we are standing here collectively to represent the Dent on County behavioral health leadership team United Way of Denton County behavioral health leadership team and Denton County MHMR and we want to bring awareness to mental health and so we know that one in five adults will be diagnosed with a mental illness in any given year so that is 167,242 residents of Denton County we also are aware that one in five adolescents have or will have a serious mental illness mental health illnesses are common and treat able we are so appreciative of Mayor Watts and the council members for helping us increase awareness of mental health conditions and resources as part of mental health awareness month. Well thank you all for also just your work with the behavioral health leadership team and bringing that awareness community wide because it certainly is an important issue that deserves our attention. This is a proclamation by the mayor of the city Denton whereas addressing the complex mental health needs of children youth and families today is fundamental for the future of the city of Denton I'm going to read that again that's important. Whereas addressing the complex mental health needs of children youth and families today is fundamental to the future of the city of Denton and whereas the need for comprehensive coordinated mental health services for children youth and families places upon our community a critical responsibility whereas only 50 percent of Denton County children and adolescents receive needed mental health treatment and whereas it is appropriate that a day should be set apart each year for the direction of our thoughts towards our children's mental health and well-being and whereas the Denton County behavioral health leadership team in partnership with the United Way of Denton County Denton County MHMR Center and the Wellness Alliance for Total Children's Health of Denton County led by Cook's Children through their prevented based approaches to serving children adolescents are effectively addressing the mental health needs of children youth and families in our community. Now therefore I Chris Watts mayor of the city of Denton Texas do hereby proclaim May 1st 2018 as Children's Mental Health Awareness Day in the city of Denton and encourage all citizens to support these organizations as they promote the mental well-being of children youth and families in our community. Thank you all so much for what you do. Critical. Critical. You bet. Thank you. Thank you. Thank you all so much. Thank you for volunteering. Thank you. Thank you. You bet. You bet. Thank you so much. Thank you. Thank you. You bet. All right Motorcycle Safety and Awareness Month. Whoever is receiving this come on down and we'll get you to introduce yourselves and tell us what we're wanting to become aware of is safety and motorcycles. Okay. Yes sir introduce yourself and if everybody can introduce themselves it would be great. My name is Matt Apple. Brian Florence. Bill Cheney. Darian Foulkes. Greg Clark. Brenda Rosemont. Chris McNeil. Tell us a little bit about Motorcycle Safety and Awareness Month. You know we do this every year and it doesn't seem like there's a year that goes by that we don't wind up going and watching somebody buried because of people not paying attention while they're on the road. Taxing and driving whatever you're doing it's dangerous for other people in cars but on motorcycles we have no protection. I spent 10 days in ICU because a lady that wasn't paying attention to what she was doing and pulled right out in front of me and almost killed me. So this is something that's very close to my heart. So we ask that you put your phone down save it to later pay attention to what you're doing and let everybody get where they're going safely. Thank you what a great message absolutely absolutely. This is a proclamation by the mayor of the city of Denton whereas today's society is finding more citizens involved in motorcycling on the roads of our country and whereas motorcyclists are roughly unprotected and therefore more prone to injury or death in a crash than other vehicle drivers and whereas campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks injuries and most of all fatalities through a comprehensive approach to motorcycle safety and whereas it is a responsibility of all who put themselves behind the wheel to become aware of motorcyclists regarding them with the same respect as any other vehicle traveling the highways of this country and is the responsibility of riders and motors alike to obey all traffic laws and safety rules and whereas urging all citizens of our community to become aware of the inherent danger involved in operating motorcycle and for riders and motors alike to give each other the mutual respect they deserve. Now therefore I Chris Watts mayor of the city of Denton Texas do hereby proclaim May 2018 the month of May this year is Motorcycle Safety Month and Awareness Month in the city of Denton and urge all citizens to do their part to increase safety and awareness in our community and what a great message of don't be distracted pay attention to what's going on thank you all so much for bringing this to us every year thank you so much. Thank you, thanks. Yes, oh here's another one. I know I was going to forget that. Thank you all. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. The next proclamation is the mayor's day of concern for the hungry. I'm going to have everybody introduce themselves and tell us about the mayor's day of concern for the hungry. Okay I'm Tom Newell with the Denton Community Food Center. Diane Bowles, Denton Hunger Coalition. Rachel Weaver, Denton Community Market. Alicia Freudel, United Way of Denton County. Stephanie Aguilar, Denton County Friends of the Family. Kristi Bledsoe, Board Chair of Our Daily Bread. Wendy McGee, I'm the Executive Director at Our Daily Bread. My name is Paul with First Refuge Ministries. Gary Henderson with United Way of Denton County. Tom tell us a little bit about this day. Thank you Mayor. This is the seventh year that we've collaborated with the Mayor's office to put a spotlight on the hunger issue in our community. One in five in Denton County suffers from hunger insecurity . We used to think that it was only people who were unemployed, but today we have many families in our community that struggle due to underemployment or trying to make a living wage to support their families. So a vast majority of the people, and we stand here as a group of the Denton Hunger Coalition member agencies that do different things addressing hunger in the community. As a group, our largest endeavor is the Denton Mobile Food Pantry. On the second Saturday each month, we serve 250 to 300 families in a farmers market style parking lot event in two hours and distribute predominantly fresh produce and vegetables in an effort to increase healthy diets in our community. We do these proclamations to bring awareness not only to the community, but also to recognize those in our community who do this day in and day out who provide these needs and meet the needs of our community . So thank you guys for doing that. This is a proclamation by the Mayor of the City of Denton, whereas the City of Denton recognizes adequate nutrition as a basic goal for each citizen. And whereas no parent should have to send a child to school hungry, no baby should be without the comfort of the feedings needed for mental and physical growth, and no elderly person's health should be jeopardized by lack of appropriate foods, and each day more than 159,257 people in Denton County struggle with food insecurity. That's just a tremendously high number. And whereas in the Denton Independent School District alone , there are 11,362 students who are on free lunches and 1,786 students who are on a reduced price lunches, which means 44.1% of the student population is on free or reduced lunches. I'm going to read that one again too. Which means 44.1% of the student population of DISD is on free or reduced lunches. And whereas organizations such as Our Daily Bread, First Refuge Ministries, the Denton Community Food Center, Fission Ministries, and the Salvation Army are working in partnership with the Tarrant Area Food Bank, United Way of Denton County, and the Denton Hunger Coalition. And whereas every resident in business in Denton can help address hunger by dropping off food donations from May the 7th through May 11th at participating businesses and nonprofit locations throughout the city, which are available online at unitedwaydenton.org/mdoc, or through giving monetary donations on the website. Every dollar donated buys three pounds of food. Whereas today marks the seventh anniversary of a strategic partnership with TAFB and the Denton Community Food Center, now therefore I, Chris Watts, Mayor of the City of Denton, Texas, do hereby declare and proclaim May the 19th, 2018 as the Mayor's Day of Concern for the Hungry here in the City of Denton, and ask the citizens of Denton to join me in donating food or money to, or volunteering for these organizations within our community that are serving those in need. So thank you all very much. [applause] Get the photographer. While the photographer is lining us up here, I want to add to this a little bit. The proclamation had to be limited in listing the number of organizations that participate, so I wanted to give you the full list of agencies in town, just so hopefully you'll recognize some of the names. The Denton Hunger Coalition, the Denton Community Food Center, the Denton Community Market, Denton County Friends of the Family, Denton County MHMR Center, the Denton Hunger Coalition, First Refuge Ministries, Health Services of North Texas, Our Daily Bread, North Central Texas College, the Corinth Campus, the Salvation Army of Denton, Vision Ministries, and United Way, of course, as well. Thank you, sir. What a great list. Thank you so much. [applause] [inaudible] I don't need a mic. I do for the tip. Yes, I'm sorry. Last but not least, Drinking Water Week, which I'm going to celebrate while they're coming down, whoever is accepting this, by asking Mr. Duff to please pour me a cup of water so that I can have a drink before I read the next pro clamation. And then we have some important things to talk about additional to this. Thank you. I appreciate it. Okay. If you'd introduce yourself, and then just tell us a little bit about the proclamation. My name is Randy Markham. I'm the superintendent of water production. And I'm Matthew Hendricks, a stormwater specialist for City Denton. I'm Kathy Gault, and I'm the SCADA and regulatory supervisor for water production. I'm Brian Smith, I'm the water plant manager. I'm Mamoun Youssef, senior engineer, water production. Tell us why we have a Drinking Water Week proclamation. The Drinking Water Week proclamation is to show awareness or give awareness to different topics on water every year. This year it's on source water protection. Protecting our source water is key and vital to making sure that we can treat the water to meet the regulations. This year we are honored with winning the best tasting water contest for the state of Texas. Usually I like to say it's the best water in town, but now it's the best water in the state. We will be going to the national competition in June, and hopefully we can bring home another trophy. Fantastic. Yeah, absolutely. So here's some of the things that have happened in addition to the proclamation. It's just reported Denton won best tasting drinking water in the state last week with water from Lake Ray Roberts. Is that correct? The water from our Lake Louisville plant was ranked third. Ray Roberts has exceptional water quality because it's a relatively undeveloped watershed. And this is very timely as the theme for this year's drinking water is to protect the source, in other words, those watersheds. And then Denton will go on to compete in other states in the American Water Works Association conference in June. And we talked, I guess it was about a month ago we had the Great American Cleanup. The main reason for that is to keep litter off the streets because when it rains, if it rains, if it's on the streets, if it's in our yards, it gets washed right down the drain into our watershed. So we need to protect the source. Thank you so much for that awareness, because that's something that we need to be aware of every day. So this is a proclamation by the mayor of the city of Dent on, whereas water is our most valuable natural resource. And whereas only tap water delivers public health protection, fire protection, support for our economy and the quality of life we enjoy. And whereas any measure of a successful society, low mortality rates, economic growth, diversity, productivity and public safety are in one way or another related by access to safe water. And whereas we are all stewards of the water infrastructure upon which future generations depend. And whereas each citizen of our city is called upon to help protect our sources of water from pollution to practice water conservation and to get involved in local water issues by getting to know their water. Now therefore I Chris Watts mayor of the city of Denton, Texas do hereby proclaim, May the 6th through the 12th, 2018, as drinking water week in the city of Denton and encourage citizens to protect and conserve water and to get involved in local water issues. And to get involved in local water issues in their neighborhoods and in this community. Thank you all so much for what you do for our city. And I will just tell you as a side note because we were talking about water I had a chance to go on a trip to Africa where water, we take we take for granted, our ability for to have clean and safe drinking water so thank them so much for that and what you guys do. Thank you. Good stuff. Good stuff. So with that, if we could, we're going to move on to our agenda item three which is presentation from members of the public. Three A is review of procedures for addressing the city council. The mayor of the city of Denton, Texas, will be asking the city council to remove the citizen from the council chamber . 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 chamber citizens are asked not to approach the dais. If a citizen has papers or other materials to hand out to the council, please let the city secretary know in advance for scheduled citizen reports, the council may initiate discussion or questions following each citizen report for non scheduled open mic citizen reports. The council may listen to citizens speak. However, because no notice of the subject of the open mic report has been provided to the public in advance the Texas Open Meet ings Act limits any deliberation or decision by the council to a proposal to place the item on a future agenda, a statement of factual policy or a recitation of existing policy citizens are asked to direct all remarks and questions to the council as a whole, and not to any individual member, please refrain from making abusive personal or impertinent, profane or slanderous remarks. Anyone who violates this council rule of procedure may be immediately removed from the council chamber. Thank you in advance copies of the rules of procedure are available from the city secretary. Our first speaker is Stephanie Rinkie regarding updated services that children advocacy center for Denton County provides for the community if you'll state your name and address, your time will begin. My name is Stephanie ranky and I reside at 3621 Bentley court here in Denton, Texas. Mayor city council members, city staff and guests, good evening. I consider myself a true didn't night having called it in my home, since I was six years old. It's my privilege to serve on the board of directors of the Children's Advocacy Center of Denton County. My purpose this evening is to thank you for your ongoing support and share with you some updated information about the Children's Advocacy Center. I'm privileged to be accompanied by the CEO of the Children 's Advocacy Center this evening, Mrs. Kristen Howell. It's difficult to talk about the subject of child abuse. Statistically one in six boys and one in four girls will be sexually abused by their 18th birthday. And sadly, Denton County is no exception. 836 children came to the advocacy center in 2017 to tell their story of abuse to a professional interviewer to begin their journey to justice and healing. And if you could take that number into perspective, that number of children would fill every seat in every classroom at Newton razor elementary, the school that I once attended the mission of the Children's Advocacy Center for Denton County is to empower child abuse victims, their families, and our community through education, healing and justice. We work closely with law enforcement. We have worked with chief Lee how and the Denton police department. We work with each of them for their efforts to protect the children of Denton, along with the Denton PD we bring together child protective services, the district attorney's office sexual assault nurse examiners juvenile probation and our own staff. This multidisciplinary team approach under one roof is one of the reasons our communities are safer. In the Children's Advocacy Center in 1997, the conviction rate for abusers was 8%. Last year, 100% of indicted cases resulted in the conviction. We are expanding our presence in Denton growing from 5000 to 12,000 square feet in the new in the served didn't campus. This expansion will allow the Children's Advocacy Center to serve more children and keep up with the growing need. This expanded space will allow the didn't PD and the sheriff's office to co locate their detective units in the building, building as well as CBS unit. This facility is expected to be ready in March 2019. All of these services we provide our offer to families in both English and Spanish, and all are provided free of charge. The city of didn't has always been a supporter of the Children's Advocacy Center, and we appreciate your past and ongoing support. Unfortunately, our need continues to be great didn't county is one of the fastest growing counties in the nation, and we continue to see an increase in the number of child abuse cases. We saw a 30% increase in the number of interviews last year , and we are on pace to handle over 1000 new reports of abuse this year. We helped 337 clients who reside in didn't in 2017, providing 4010 separate services to those clients, including forensic interviews, case reviews, medical exams, therapy sessions, crisis intervention, family advocacy and court preparation. So I'd like to thank again Chief how the entire police department, Mayor, City Council and city staff for your time and attention and supportive Children's Advocacy for didn't County. In closing, I want to let you know that we're elevating our annual breakfast event and didn't, and which I'm the chair and bringing in speakers that will raise awareness on the issue of child abuse and get some important conversations going in the community. Our annual breakfast is on November 1st, and Olympian Allie Razeman will be our keynote speaker. Hopefully we'll see you there. Thank you so much. We got a couple of comments or questions. Mayor pro tempe Gary. I just wanted to take this time to tell you thank you for all the work that Children's Advocacy Center does. It's a lovely facility I'm sure that the served at and facility will be awesome too and if you have a chance to go visit the Louisville spot. The murals are just amazing it's a very safe place for children. And I'll tell you after eight years of representing children on the CPS docket. The work of CAC is so critical to placing them in homes that are forever safe for them. So I just wanted to thank you personally. Thank you so much. Appreciate that Councilmember Gregory. We get a report from the organization every year, a request for funding. It goes to every agency in the county that uses those services. And for the past eight years. I'm wondering if you're aware that for the past eight years, didn't the city of Denton is one of the few communities in the, in the county that gives its full fair share as as requested by the organization. And it's calculated on the percentage of our kids within the city limits that that receive those services. So, so the council and the management has been extremely supportive and tried to help out as much as possible by doing our fair share for a significant period of time. Yes, and we thank you for that fair share and that's why we 're here tonight to express our gratitude. We appreciate your support. Thank you so much. Thank you. The next speaker will be Pat Smith regarding the neighbor helping neighbor program. State your name and address your time will begin. Good morning I'm good afternoon pardon me and Pat Smith, myself with that Bible Church 1417 Cambridge Lane. I'm here to tell you about a program that we've been piloting for the last six months and working very closely with Community Improvement Services Lansing Bentley. It's called neighbor helping neighbor. And the idea is simple as to connect people without resources who need help with home repairs to those who want to help many people in Denton live in substandard housing sweat team, which is the ministry of Denton Bible routinely gets calls from citizens to help with code enforcement issues where they lack the capacity either because they're in poverty or elderly or have a medical issue that prevents them from taking care of that and we go out and do that, usually at no cost. If there is a cost sometimes we'll ask the resident to pay for materials but we'll do the work and no cost. Increasingly, we're running into a situation where our backlog has almost gotten to zero, which actually is a problem for us. Because if I don't have work I have guys like Randy Markham who was in here earlier. They come up every Saturday or every Wednesday and they want to do stuff. So we've started looking at in the past we always focused on homeowners. Now we've started going to landlords and working with Lansing are trying to help landlords be incentivized to either a provide the materials and we'll do the work, or in some cases will negotiate a modification to the lease will fund the materials and do the work at a reduced rent for the person. So the whole idea, that's the problem and kind of the solution. There's folks out there that know they are not meeting city ordinances community improvement does a great job of communicating that, but often if they're elderly as a landlord. They just don't have the resources, either physically or monetarily to make the fix. And so it leaves on none, and we're, our goal is to help fill that gap. What we want to do is, again connect folks who want to help . So we have millennials businesses civic groups, always looking for opportunities to do service to folks that need help, and we do that through the sweat team samples of work that we do are scraping and repainting repairing roots we don't do whole roofs but we do holes or large sections of roof siding minor plumbing electrical repairs, we are approved by Denton County for people who have to do court order community service, they can do with us. So we often get electricians plumbers HVAC installers who are have community service requirements, and they love to do it through us because it's like going to work. So the whole idea, I want to do is give you a tool in your toolbox as leadership that if you have a citizen coming to you with an issue. You can direct them to this. It's, we're not asking you to mandate it. We're not asking for resources. All we're wanting to do is make sure you're aware, as we go out and make presentations to the community that when you hear about it from a constituent, you're cl ued in on what we're doing. We're about to unveil website starting next week where folks can go on to an online form, fill it out, we'll get the request. We process those as we, as they come in. We don't always say yes, if there's a situation where, you know, that's a middle class family and they're just wanting free work, then we'll say no. But there are times when we'll run into families that have a true need. Let me give you a quick example. Have a couple that just are in the hospital, had a tragic accident, car accident, are in rehab. They need handicap ramps for both the husband and wife to get into their home and to make some adaptations to their house. That's the one thing they're waiting on, and we're going to be able to do that for them quickly. So here's just a quick example of one house we did. This house was covered in vines and trees. We cleared it all and we were teamed up with Radical Hospitality, Barley and Board, LSA, et cetera. They came out, tore off the siding, replaced the siding, and this is for a mom and son whose house had been burned down to the ground. They were homeless living in a car. We fixed up the house. The church put in $2,000 and we used free labor to get it fixed up and they're off the streets in a nice home now. That's it. Did Councilmember Hussbett, I thought I saw you had a request to speak, did you withdraw that? Yes. Well, I just wanted to make sure I made it to the end of the presentation. So I was going to ask the question to then extend the time. Sure. To get to the end of the presentation. So here's the number. Correct. You can call SWEAT Team at this number or go to our website and there will be a link later this week where you can go complete the form and we'll process that. Fantastic. And if people wanted to volunteer, this would be the same contact, is that correct? Yes, sir. Okay, fantastic. Thank you, Pat. I appreciate it. You bet. What a wonderful program. Thank you. All right. The next speaker is Carly Cuban regarding a new service. I'm sorry, a new Serve Denton Center. Hi, I'm Carly Cuban residing at 105 Sheraton Place, Denton, Texas 76209. I'm the executive director for Serve Denton. Thank you for having me. Will the presentation pop up there? It's not. Okay. There we go. This is a view of our master campus plan for the Serve Dent on Center, which is a nonprofit center where up to 20 different social service agencies will be co-located. I'm going to show you an overhead of where this is located. This is over off of Loop 288 and Market Street. It's the old county health building. We purchased this facility in September of 2017, began renovations on the first phase of it, and completed those renovations in March. And we've moved in 10 different nonprofit agencies into that space. Our tagline is the Serve Denton Center caring for individuals and families. We hope for individuals and families in all of Denton County to come and receive the services that they need at the Serve Denton Center. And again, we have capacity for up to 20 nonprofits, and 10 of those are already currently on site. Some of the benefits for agencies that are officing at the Serve Denton Center is that they save over 50 percent on rent. That's money that they no longer have to raise through our local community, and it's saved dollars that they can put towards, they can either save it on rent or they can use those extra dollars to put towards programming. They can have more staff. They can offer more programs and help more people in need. Also, long-term sustainability for nonprofits. That's a huge issue for agencies facing increasing rents in our community, and this ensures long-term sustainability for nonprofits in our community. Also, the ability to work alongside other nonprofits and just increase collaboration. The benefits for clients. For people who are walking in the doors of the Serve Denton Center, our hope is that they have a better overall experience. They have warm handoffs between agencies. They're introduced to other people at the center, and they're not having to cold call all around town to get the help that they need. This is an overhead shot of the all six phases of our Master Campus Plan. Phase one is what's currently built out. Phase two will be a health clinic operated by Health Services of North Texas. Phase three, as I mentioned in their presentation, will be the Children's Advocacy Center for Denton County, their Denton location. Phase four will be the Food Distribution Center for the Denton Community Food Center, who you also just had a pro clamation from. Phase five will be a housing development, and phase six will be additional space for nonprofit agencies. This is a list of the services that will be available, from food to health care, all the way to mental health, to a fatherhood program, youth mentorship, and more. There will be a variety of services available to those in need who enter the doors. We are projecting based on the current number served by the agencies that will be on site, as well as their projected growth. We are anticipating 16,414 individuals being served once phases one through four are built out on an annual basis, and that will just increase after the first year. I also would like to invite you to our open house. We are having our ribbon cutting and open house for phase one this Thursday, May 3rd, from 4 to 7 p.m. And Chris Watts will be participating in that. So we would love to have you all there and have your support and show you around. Any questions, comments? Thank you. So Thursday from 4 to 7 . Correct. Thank you very much. Next speaker. Yes. Next speaker is Nathaniel Johnson regarding parks and recreation fees. Is Nathaniel Johnson here? Okay. Don't see Nathaniel Johnson coming towards the podium . That concludes our scheduled speakers. We do have one open mic speaker, Mr. Willie Hutzpeth. If you'll come down and state your name and address, your time will begin. Mayor and council, my name is Willie Hutzpeth, I live at 6 23 Newton. Shouldn't it be four minutes? Yeah, okay. I've been very patient, as far as I'm concerned, with the lack of African American and now I found Hispanics as well being on the fire department. In the history of Denton, there's only been two firefighters. Now, what changed my attitude about this process that is in place now of trying to do something about that is the way I was treated by the new incoming chief of fire chief. I don't do well when I'm bullied. Definition of bullied. Use your white privilege to what I call put me in my place. Now you have to walk in my shoes to know what I'm talking about. You say to me in a smug, self righteous way, you can't have that. Just your organization, just the African American organization NAACP, you will no longer have that and I'm going to make up a rule that I don't know where he got it from to say you can't have it specifically. For four years I've been we've been able to use the fire department when we needed it. Because I think there's a rule that says community groups can use that that facility for community activities certain groups, and we've used it for four years or not had the ability to use it. He informed me that we can't use it anymore. And here's the bullying part. I could hear him in the background telling his secretary, what to tell me. Well, that's his. He can do that he's the boss over there you guys have selected him. He's going to have a grand induction whatever you're going to do tomorrow for him and that's the person you picked. He is just like the person that to to cheese before him that's exactly how he treated me. Well, your heart's in the right place, but none of you on this council has been working as remedy the fact that there 's no African American Hispanic only to African Americans in the history of Denton. Something's wrong with that. And you tell me what's wrong you tell me why that is why in the world can't you can't you hire African American firefighters. Well, I can tell you, two of them, the chief now, and the union and the rank and file data, they don't say anything, but elect people who keep things the way it is, and the way it was. Well, okay. I'm going to do what I need to do to try to make sure this information gets out. I don't think many people pay much attention to it. I'm saying, if you're not going to have representation, I think, equally to what it is in this community for my race, then reduce my taxes, and I'll put my house out if it's on fire with my own water hose. I don't want to keep paying taxes for a organization that for whatever reason does not hire minorities are black and Hispanic. Right that concludes our agenda item number three, which are public comments, citizen reports will move on now to the consent agenda. Council members. Mayor pro tem move for approval of the consent agenda items . customer husband. Second. We have a motion and a second for approval of the consent agenda items. Let's vote on the board please. Motion carries 60. We move on to our items for individual consideration agenda item five a, which is considered option of the ordinance of the city of Denton Texas regarding a change in zoning class ifications from neighborhood residential in our six to in our immune 12. And again I wanted to emphasize blue cards if you're wanting to speak on this item for individual consideration. Thank you mayor and council Cindy Jackson senior planner with the development services department just for the record. This item was continued from the April 3 council meeting to give staff the opportunity to work with the applicant and the transportation engineer to come up with an alternate access plan for the subject site. The requirement was that the alternate access plan, not involve an access through the villas of piney creek subdiv ision that is adjacent to the site, and not involve the provision of a access gate along Claremont. Just to recap this is a zoning change request for 8.887 acres. The applicant is requesting to rezone from and our six to NRMU 12. The site is located on the southwest side of Colorado Boule vard, just approximately 315 feet northwest of San Jacinto. Working with the applicant and the transportation engineer, two options were identified for access to the site. One option includes an access along the southern portion of the site, aligning with the far driveway of the apartments across the street. Both these options would involve the narrowing of the median to provide a left turn only lane, as well as the dedication of right away to provide right turn lanes into the site. This is option number two. The access right here along that 's closest to the south, the southern point, hasn't changed. However, the far north access has moved further north to align with the driveway across the street right here. Again, the same thing with regards to the narrowing of the median to provide a left turn lane and the provision of right of way. The Planning and Zoning Commission recommends approval of the request. The conditions were that the mixed use overlay that the staff was recommending shall have an emergency access gate along Claremont Lane between the subject site and the vill as of Piney Creek. The installation of an eight foot tall fence along adjacent properties. The overall, excuse me, buildings which are contiguous to the residential neighborhoods shall have a maximum height of two stories. The overall density shall not exceed 10 dwelling units per acre. And there shall be no uses permitted other than single family attached dwelling units, including townhouses, du plexes, or single family detached. That concludes my presentation and I know the applicant is here to speak as well. I have a question. Maybe I misheard you, but on the conditions. Let me go back so I can read it on the screen. But the condition recommendation is excluding condition number. That's correct. It's an emergency access that we don't need that with this with this new access. Just want to make sure I understood. Okay. All right. I believe Councilmember Gregory has a question or comment. I'm assuming that you've gone over the options for two access points, option one and option two for two access points on Colorado Boulevard with the developer. Yes, I have. Is the developer okay with that? Yes, he is. In fact, he's here tonight to discuss that with you. If you have questions. All I need to know that he's okay. Okay. Thank you. Okay. Any other questions or comments? Seeing none. All right. Thank you. This is our public comment portion, so we'll take now public comments from those. I just want to make sure that the blue cards are those wishing to speak and the white cards are registering their sentiment on this either support or oppose, but they're not wishing to speak. So if you filled out a white card, but you wish to speak just when I call your name, just come on down. First speaker is Mr. Husbeth. If you'll come down. Okay. Next speaker is Eric Schmitz. If you'll come down and state your name and address, your time will begin. Thank you, Mayor, Council. We've worked long and hard on this project almost a year, and I think we've reached an amicable solution. It's logical. And it's appropriate for the street and for the community. We have agreed to, in fact, not use Claremont, although it was in fact planned initially as phase two or three of the development, the garden homes. However, we are willing if they need to have access through our new community for emergency purposes, we could make that allowance if needed. But we definitely do not plan on using Claremont as the secondary access point as required by the city. Both of the proposed entrances are under consideration. We are working now with our engineers, GNA Consulting for a lot layout that would align with the configured entrances, both configurations, and we will submit the plan according to either one of those. Are you wanting that to be on the overhead? You're looking at it. Do you want that to be displayed on the overhead? Well, it's the same. Is it the same that was on the? Yes, sir. We can put it on the overhead. Yeah, just so that. Yeah, let's do that. Okay. This is the most preferable configuration, I believe, that would allow both access on Colorado and lot development on the west end or the northwest end so that wouldn't be crowded and would be most practical. And again, we are not going to be accessing Claremont at this point right here. However, we are willing to offer those neighbors access if they need it. Otherwise, we'll fence it, according to our agreement with the community. We feel like we've done everything we can. I have the Jeff ries president, and it's been a long, arduous battle here but we've done everything we can to try to get along with everyone and meet the city requirements at the same time. And we pray that you vote for this tonight. Councilmember Hudson. Yeah, so I just want to thank you for your work. And so we had a chance to visit between then and now and so I appreciate your time in that regard. And, and I'd be remiss if I didn't mention you reached out to me earlier and I missed that so my apologies. But I do appreciate your flexibility and I apologize that, you know, the process has been as long as it has but but I think I think we're better for it. Generally, but I think, obviously your first run at it was probably pretty identical to this so so apologies but I appreciate your your flexibility. Yes, sir. Thank you. So, so again just for clarification. I think it's a good understanding and agreement that there are going to be two accesses off of Colorado and whatever configuration that will be worked out amongst staff and yourselves, and that the end of the street there that currently has a fence across there, that's going to be there's nothing the status quo is in place at that industry yes man that's correct. Okay, if they do decide they would like access for emergency purposes we're willing to accommodate them. Okay. All right. Any other questions or comments. Thank you. Appreciate it. Yes, sir. All right, I'm gonna go ahead and read some cards into the record Rick Adams 805 Juno Lane is well didn't didn't mark either support or opposition so it says do not wish to speak so that will be what goes down the record. Daniel Kettler 925 Canyon Street Denton is in opposition. Maureen Jeffries 9301 Grandview Drive Denton Texas is in support. Goodwin Jeffries 9301 Grandview Drive is in support. Lisa, is that right Kettler yes 925 Canyon Street Denton is in opposition. Mike Lambert to 25 was Hickory Street Denton Texas is in support. Goodwin Jeffries 9301 Grandview Denton Texas is in support. Keith Jeffries 3008 Blake Street in Corinth Texas is in support. Tammy Jeffries 300 Blake Street in Corinth is in support and Colette Brandon 921 Canyon Court in Texas is in opposition. I those are all the cards I have. And those are all the presentations from the public. Council discussion action. Mr. Husbys. I would move approval with with the overlay and with the agreement regarding the entry to the neighborhood in the back there. I would agree with Mr. Smith that the the two entrances the alignment he presented is is preferential to me because it gives a buffer from the neighborhood. Or at least a little further on that north end if you will think that's right. So I think that that that alignment works best. And I make the motion understanding the those that are staying in opposition but I do think it is a good middle point. And so I think it gives the neighborhood some protections they wouldn't ordinarily have by right. Mayor Pro Tem. Second. All right we have a motion to second. Let's vote on the board please. And that is with the overlay recommendations as presented by staff in place. Is that correct. That's part of that motion. Yes. Okay. All right. Thank you . Motion carries six zero. Moving on to agenda item five B consider approval of a resolution of the city council of the city of Texas requesting the state of Texas and Department of Public Safety to take action to resolve significant concerns at the D at the Texas DPS field office located 820 North Luke 28. Thank you all for coming. Good evening Mayor City Council. I'm Sarah Keickler I'm the director of public affairs. I'm here to present tonight a resolution in regards to the Texas Department of Public Safety field office located on Luke 288. So council first inquired about this on March 6 after receiving significant concerns from residents and the community in regards to the office located on Luke 288 so it's along the segment just north of McKinney but south of East University East University Drive. The map is an aerial view of that office. It is one and a half acres in size and has 44 on site parking spaces. The property is owned by the state of Texas so it is not subject to local codes. So just an overview of some of the concerns here that we've received on this site is regards to the undersized facility . The space in this facility is limited to 49 persons, which means in order to maintain compliance with fire code if they get over 49 persons they have to start a waiting line outside of the facility which I've heard happens often. And this can be an extreme heat or cold or rain or other elements as well. There's also a lack of parking on site. So sometimes people actually be parking along this cutout along here on Luke 28 8, which means they're trying to parallel park into this area. There's vehicles that are traveling at speeds of 50 mile per hour on Luke 288 and it is also a six lane highway . There is a property located here with some parking that sometimes pedestrians or guests will park here and they'll actually try to cross the roadway, the six lane highway, which is unsafe. There's also been substantial wait times, recording one to three hours sometimes to have services provided at this facility. So after the inquiry from City Council staff reached out to state representative Lynn Stuckey office to request assistance with this matter since it is a state owned property. We learned from representative Stuckey office that they actually began formal discussions with DPS in October of 2017. They were requesting a plan to provide adequate service to Denton and Denton County in your backup to this item with some correspondence between representative Stuckey office and DPS just want to highlight a few key pieces from that correspondence. DPS does acknowledge that that office is too small. However , they're constrained by the property itself and also not having the appropriate resources for a new facility. They did make reference to the new mega center opened in Carrollton that did open in October of 2017. So the hope there is that increased traffic will go to that mega center in Carrollton and they're starting to track statistics to understand what increased volumes may be going to that center and where they're coming from, as well as mapping that out so representative Stuckey's office has requested all of that data and we'll be looking at that closely to start to understand and build a case going into the next legislative session. Also want to mention that DPS is planning to open a small office in Flower Mound at the Denton County Southwest cour thouse. There's not a date on that but is expected sometime this summer to open. However, it will be a relatively small office there in Flower Mound. And then lastly DPS did encourage for transactions that can be done online or by phone for customers to do so right now of those eligible to be done online or by phone only 27% are done that way. So those things just mentioned those are some interim steps and some interim fixes to help alleviate some of the pressure on the Denton field office. However, we don't feel that's adequate and neither does representative Stuckey's office. So we'll be looking to continue to work with DPS as solutions as we move into the next legislative session. So tonight we have before you consideration of a resolution requesting that the state and DPS take action to identify and fund solutions here in Denton and request support from our state legislators who are already working on this. If approved, we'll include this as part of the city's 2019 legislative program and continue to work on it with our representatives. I'm available for any questions and Lyle D rescher with representative Stuckey's office is here tonight as well. Mayor Pro Tem. Sarah I wanted to thank you and everybody on staff for working so diligently to get this kind of moving. I know that it's a situation where the city doesn't have a lot of leverage but after speaking with representative Stuckey's office I think this is a really good approach to take just to let the state know that we're aware of some significant issues over there. And I wanted to point out that aside from the people crossing loop 288 which I have witnessed and is incredibly dangerous inside of the facility is incredibly overcrowded and because it's a state facility. There are no fire requirements that we can enforce as far as safety and overcrowding inside so I think it's a situation that really needs some addressing so I appreciate both your, your work and staff's work at the city level and representative Stuckey staff for speaking with me. Any other questions for staff before we take public comment . All right, thank you. I have a card Mr. Willis Husband's Would you like to speak on this please come down state your name and address and your time will begin. Thank you, Mr. Councilman and Mr. Willis has to deliver 623 Newton. I'm glad that the city of Denton is doing something or trying to well doing whatever they can do. I just want to echo some of the things that was mentioned about the complaints of the facility. I remember about 10 to 15 years ago. Not only was it difficult to get into it then, and to be served, but they were very rude people just rude and they just, they knew that we didn't have anywhere else to go and they just treated the public like that. They were just rude. What do you, what do you want. You need to go over there, not pleasant at all, then they finally straighten up a little bit in that area. But it's really awful to be in a situation like this I think where you're here, it's our city you're representing the city. There's very little you can do. That has got to be frustrating and you, I think you are aware, maybe you've had experiences with the office itself. I sent my grandkids out there, and they were terrified before they went in to get their, their license or attempt to get them. They were really traumatized by the time they left out of there they thought what did I do wrong they were just scared to death. You try passing one of those drivers test with after being treated the way they were treated. Thank God I paid that $360 I hated paying that to for those drivers classes so they passed okay but that no one should go through that. And I hope that something's done that will improve that and driving the Carolton is no fun. Who in the world wants to drive the Carolton to get the same thing well the lines are shorter you can get in and get out but I don't think we should. We should rely or that should be the solution drive to Carolton. So I again appreciate you at least look at it and trying to do what you can do from your perspective. Thank you, sir. Those are all the public comments we have on agenda item five be Councilmember Gregory. Thank you Mayor I move approval of the resolution and I point out that that the reason that we're having problems here is that we've had leadership in Austin for a long time , and I appreciate by the way what representative Stuckey is doing in his office I very much appreciate it but there's been a pledge for a lot of folks that are running for office at state level of reducing taxes every year, reducing taxes is is taxes are somehow an immoral or sinful thing. And I have a fair recognition of the fact that governmental services come at an expense, they're not free. And the way that they're funded is through taxes and, and you can't have it both ways and we have to have reasonable revenue in order to provide the services. And so I hope that this resolution empowers our legislative group to work for us, and to be willing to do what's necessary when it comes budget time to make sure that there 's money in the budget to help cover the cost for the services that our citizens expect. Thank you. We can't remember Gregory made a motion for approval customer Ryan. We have a motion and second, I just want to take a moment to thank Mayor pro tem for your advocacy to your tireless advocacy on this issue I know that you have really gone to bat for the constituents in this community and bringing this to the awareness of just not only this council but our state legislative delegation so I want to thank you for that. All right, we have a motion and second let's vote on the board please. Item three six zero will move on to agenda items, five C consider adoption of an ordinance of the city of Texas of Texas Home Rule Municipal Corporation authorized and city manager execute contract for the supply of emissions system , reducing agent ammonia for the Denton Energy Center with Southern ionics. Mayor council thank you, George Morrow, DME general manager . So we're before you tonight for approval of a contract to purchase ammonia which is an emissions reduction agent for the Denton Energy Center. Chris Lutrick will make a short presentation to you. Chris has been our project manager for construction of the Denton Energy Center and he's doing an outstanding job let me tell you that so Chris. George. Good evening council mayor, as George stated I have a short presentation to cover the ammonia supply for the Denton Energy Center. In this presentation, I'll cover what is ammonia. What is the function of aqua ammonia at the Denton Energy Center. How we store and handle the aqua ammonia, the emergency response of the plant, the bid summary and any questions. The presentation is not very technical but if I say anything that doesn't quite make sense, feel free to stop me and in the end I'll answer any questions. Ammonia, pretty much everybody's heard of ammonia, it's chemical formulas is NH3. It's chemical properties are it's a colorless gas with a characteristic pungent smell. It's naturally occurring compound that is present in nature and the human body. One of its key chemical properties is that it readily dissolves in water. And hydrous is Greek for without water and hydrous ammonia is in its purest form. That's about 99% and that is a gas. Tonight we'll be talking mainly about aqua ammonia and aqua ammonia is a solution of water and ammonia with a concentration that ranges from about 15 to 30%. But particularly for the DEX application we'll be talking about 19%. Ammonia has many industrial and household uses and hydrous ammonia is used worldwide as agricultural fertilizer. And more recently ammonia has become very common as a refrigerant in bulk cold storage units and there are several in Denton that utilize ammonia for refrigerant. Ammonia solutions of a 5 to 10% concentration or widely used in your household cleaners. Ammonia has been around for many years. A lot of you probably have it under your cabinet. Ammonia has a property where it dissolves organic materials so grease, grime, oil, those sorts of things are readily cleaned by ammonia. So therefore it makes a very good household cleaner. In our application there's aqueous ammonia. Again that's about a 19% and urea which is 40% are widely used as reducing ages in selective catalytic reduction systems. So what is a selective catalytic reduction system? So I've come before you a couple times through this project and said the DEX has an SCR. Well an SCR is a system that uses a chemical reaction to reduce in part the nitrogen oxides that are produced by combustion engines. A fact so as of 2010 all diesel vehicles in the United States have SCRs equipped on them. That's a urea based system and they have a capability to reduce about 90% of the NOx that's emitted from vehicles. So they're very good for the environment. Alas most industrial applications, they're all industrial applications that burn fossil fuels have some sort of selective catalytic system on it. The DEX has a very efficient system and when it's online it 'll reduce about 97.5% of the NOx that the engines generate. The three main components of the system are the catalyst, the reducing agent and heat. The aqua ammonia is introduced into the exhaust stream where it is mixed and heated prior to entering the catalyst housing. There the chemical interaction of the three main components effectively reduces the NOx down to elemental nitrogen and water. The DEX SCR system as we talked about utilizes aqua ammonia as a reducing agent. This was a design consideration. Aqua ammonia being at 19% is 81% water. So in this form ammonia is at its most stable and its most safe. So therefore aqua ammonia was selected as the reducing agent for the Denton Energy Center. The aqua ammonia will be consumed at a rate of between 18.5 and 14.5 gallons per engine hour. 18.5 is the guaranteed consumption rate from the manufacturer with 14.5 being the expected consumption rate from the manufacturer. And the plant has an automated system that will ensure that the ammonia is dosed properly. On this picture here is actually the storage tank, the ammonia storage tank at the deck. So just a couple of features here. This is actually the storage tank. As you can see it sets within a concrete containment dike. And right here where this truck is parked that will be the tanker offloading area when it's complete. So this area here will be an impervious surface so as the tankers come in to offload we have total containment capabilities of the tanker and the tank. And just a side note over here is the lube oil side. Those are the two products delivered to the plant. They both utilize the same containment system. The plant's storage is 30,000 gallons. That's 172 plant hours at its guaranteed consumption rate. The ammonia will be stored in the tank that I just showed you on the previous slide that is designed to store ammonia . The ammonia will be delivered to the site by a tanker at about 6,000 gallons a load. And that frequency will depend on the time of year and the hours that the deck is running. The plant has offloading facilities to properly transfer the ammonia. It's a closed loop system so when the tanker pulls up he'll connect both to offload the ammonia and also to vent any vapors that may be in the tank will be captured back in the tank. So it's a closed loop system. Safety is a very big concern at the plant so of course the plant has an emergency response plan. And the plant's emergency response plan does address the ammonia spill prevention and containment countermeasures. The ammonia storage tank, as I showed you, is set wholly within a concrete containment dike. That dike has sufficient capacity to contain all contents of the tank. So if the tank was full and we had a catastrophic failure of the tank, the liquid ammonia would be contained in the containment dike. As I also showed you, the plant has a tanker offloading area which will have an impervious surface so any minor dis charges that would possibly take place during transfer will also be contained. Emergency response in the case of any kind of situation that arises will be provided by the Denton Fire Department with backup by an environmental contractor if warranted. And again, any non-contained discharges greater than 25 gallons by law would be recorded to the TCEQ. So the purchasing method used for this was an invitation for bid for a three year supply of aqua ammonia. Two bids were received. The low bid was about 65 cents, one with the high bid being about 74 cents. So staff recommends awarding the lowest cost bid submitted by Southern Ionics in an amount not to exceed $1.287 million. And again, this budgetary amount was based off the guaranteed consumption rate by the manufacturer, so we feel that our actual cost will come in at about 70% of this number. And the plant's chemical budget will cover the ammonia expense. So with that I'll answer any questions. Any questions for staff before we take public comment? Mayor Pro Tem. Are you aware of what the byproduct is for the ammonia? For the ammonia? Yeah, the ones that's been used by the plant. Yeah, the ammonia reacts in the catalytic converter. The by product is nitrogen and water. Okay, are you aware of the ammonia slip that's a byproduct? Yes, we do have ammonia slips. That's actually not a by product. It's actually ammonia that's not totally consumed within the reaction. Yes, ma'am. So we have a slip limit that the plant must maintain to be in compliance with the standard air permit that has been issued. Okay, and are you aware of what the health consequences of ammonia slip are? Not off the top of my head. Okay, thank you. Okay, any other questions for staff? Thank you. Yes, sir. We have public comment. Mr. Wade Hutspeth. Okay, Mr. Hutsp eth is declining to speak. I have no more public speakers. Chair would entertain action on this item. Council Member Hutspeth. Move approval. Council Member Gregory. Second. Let's vote on the board, please. Motion carries five to one. Moving on to agenda item 6D, consider adoption of an ordinance of the City of Denton authorized the city manager designee to execute a transfer, excuse me, a transaction confirmation for the purchase of natural gas under an existing base contract for sale. George Morrow, DME general manager, before you tonight to approve an ordinance authorizing execution of a natural gas purchase agreement that gas will be acquired from Enterprise Project operating products. And you may recall recently you approved a NAISB, a North American standards board agreement with Enterprise, and this would be a transaction that would be made under those terms and conditions. The time the start of this purchase will be upon commercial operation of the Denton Energy Center, which would begin on or about June 1st. So I'm here to answer any questions you may have on this matter. Any questions for staff before public comment. Any questions for staff. Seeing none. Mr. Husbeth you care to speak on this item, Mr . Husbeth indicates he does not wish to speak. All right. Seeing no questions for staff. We have a presentation chair would entertain motion Council Member Gregory. I second. I've got a motion to second let's put on the board please. Motion carries five to. Thank you. I tell you what, let's go and take about a five or 10 minute break we're moving into our public hearing so ethics is the first public hearing so that might be. Welcome back to this meeting of the Denton City Council on May 1st 2018. It is 805 we are now in our public hearings portion of our agenda agenda item six a public hearing, hold a fourth public hearings and consider adoption of an ordinance of the city of Denton Texas amending the code of ordinances related to Chapter two title administration article 11 title ethics. Thank you Mayor Council Brian Langley Deputy City Manager, have a short presentation on this item and then it is posted as a public hearing is, as you noted. Just, just in terms of background, the Council formed a charter review committee back in late 2016 to review various aspects of the charter and make recommendations for amendments to that as part of that process. To that, the Council hired Alan Borquez began working through the details of putting the ordinance together. Many different discussions on on this topic over the last several months over 20 hours of Council discussion, including just a discussion just this last week. The elements of the code of ethics include the following and apply to the mayor of the city council planning and zoning Commission zoning Board of Adjustment Public Ut ilities Board and Council appointees, and to a limited extent some of the former officials and vendors that we've worked with it pros prohibit gifts over $50 and no more than $200 per fiscal year. It creates a seven member Board of Ethics to hear complaints and alleged violations of the code includes sanctions for the violations of the code of ethics as well. Some of the provisions that we changed just from the last meeting, which was draft version G to the current version that you have in front of you, or are listed here there really four items that are listed one was related to the effective date at one point we had talked about making the ordinance effective on September 1, the council through the discussion last week, wanted to change that and make it effective 14 days from the date of passage so in the draft that's in front of you, that's included there for you. The gift limit for city officials is $200 per fiscal year regardless of any source so it's cumulative of any number of gifts that council may receive over the course of a year . We also changed the definition of a vendor to exclude property owner who were requiring right away for related to public use. Previously that was related to capital improvement project. And we added the information related to subpoena powers in the, the April 24 draft, but in this draft that you have in front of you. We've reserved that only for a majority vote of the Board of Ethics that they can only by majority vote can they issue subpoena, and it must be related reasonably to the actionable complaints so it just can't be for anything it has to be reasonably related to what that complaint is. So those are the changes that we made from last week to this week. One of the thing I wanted to mention to you is at the day as we've given you a new version of the ordinance and incorporate some changes that we had a request from Council member Ryan to make. We batted a whereas statement to identify the requirements set forth in the charter amendment so this is the requirement to actually include the subpoena language as an example, all the things that the voters approved we've incorporated that into the ordinance itself, not the code of ethics ordinance but the ordinance that would be passing to approve that code of ethics. We also clarified in section C which is the effective date the timing related to the filing of complaints. If we did do that 14 days after the effective after this ordinance was passed. There are some time elements related to that that would need to be addressed and so we've changed that in the ordinance that would pass the code of ethics. It's similar to the language that was already there in the draft that you received earlier. We have a clean copy of the day as and again we've only changed the enacting ordinance not the code of ethics itself. So next steps of the council were to adopt the ethics ordinance tonight, we would need to do a number of things we would begin with creating the board of ethics and considering nominations for that board develop and provide training on the ordinance and to the city officials who are covered by this this code and to the board of ethics itself. We would also begin working with the board of ethics to develop the rules and procedures that would be then confirmed by the council approved by the council, and we develop all the internal procedures associated with that . So I know that's a lot of information a lot of things that we've covered over the last several months. Be happy to stand for any questions and again this is a public hearing item if you'd like to take public comments now, we can certainly do that as well. We'll have a few questions for staff before we open the public public hearing and take public comment. Thank you. All right, we will now open the public hearing. The first speaker. We've got some cars but this is a public hearing so if you don't place a card, turn a card and you still obviously able to speak. The next speaker we have is Jennifer Lane if you'll come down state your name and address for the record, your time will begin. Good evening, my name is Jennifer Lane I live at 1526 Will owwood Street I'm in favor of this ordinance, I'd like to see the loophole closed as an average citizen I'm wondering if small businesses means that I could have five gas stations, or just only one. And if I have only one can it have 96 pumps. Please close the loophole and please pass the ordinance. Thank you. Thank you. Next speaker will be Greg Johnson, please come down state your name and address your time will begin. Thank you Mayor members of the council, as always thank you for your service. I want to thank you for the many changes that you have made to this ordinance since the beginning, based on citizen input. It's a great example of being open to the public and their ideas as it relates to the things you're voting on. I want to thank you very much for all the changes that you made. There's one more that I think is very important to address. And that is currently as it's written, in order for a complaint to be vetted to determine if it has any validity at all to go forward to hearing. As you know it's a three member subcommittee who has a meeting that is open to the public. My issue with that is, if that remains, this thing will be used as a political tool to drag people through the mud. You have many state agencies and organizations that have a roadmap to follow the Texas bar for attorneys the Texas real estate commission. Ethics complaint is filed, they have an investigator who investigates it, they don't get to decide whether it goes forward or not. They then present to the board in a closed session, their findings, the board then determines if they want it to go forward or not, and they have a public hearing which is open. Picture two weeks before an election, it says council member so and so accused of ethics violation. Well six months later, once it's proved that it was bogus, it doesn't really matter, the damage is done. Trust me, I'm an expert on that topic. That's not sour grapes by the way. You guys know how hard it is to get people to serve on ZBA and PNZ and those other kind of boards. If people are going to be subject to some group of people that wants to drag them through the mud, they're just not going to serve. Why would they? It's a non-paying volunteer job. So I would strongly consider that you find a way to make sure that when you're only looking to determine whether a complaint is viable enough to have a hearing, that that not be a public meeting. And at a minimum, because I've been told maybe the Open Meetings Act has to apply if it's a meeting of a sub committee, redact the names of the complainant and the accused and look at it on its face. I believe if you don't, this is just going to get used as a political tool. I also think it's important to revisit how we got here. So a few years ago, we had a council member who said we need a stronger ethics ordinance, stronger ethics ordinance . And once people read enough times we need a stronger ethics ordinance, they get to vote. Well, who's going to vote against more ethics, right? So of course we need a stronger ethics ordinance. That's great. What you're going to vote on tonight, it will pass. And I think you guys have done a ton of work and it's so much better than it was. But the stiffest penalty in it is a letter. Well, an uneth ical person already knows they're unethical. They don't need a letter. An ethical person is going to follow whatever rules you pass, regardless. And so, you know, we had an ordinance in the past that had a criminal provision if council members did certain things, and that got removed. And the folks who introduced this also knew that the max penalty that you could levy is something like $500 or whatever. And so I think you have an obligation to do what you can to make sure that this thing isn't used to drag people through the mud or for political reasons. But to be clear, I think you guys have done a fantastic job of molding this thing, given the task that you had at hand. And so I would ask you to figure out a way to make sure that the vetting of a complaint is not done in public. And at a minimum, if you have to have it done in public, that the name of the complainant and the accused are redact ed. Thank you very much. Thank you. Next speaker will be Eric Clark. Please state your name and address and your time will begin. Mayor Watts, members of City Council, I'm Eric Clark and I reside at 3913 Andrew Avenue, Denton, Texas. As you're aware, I currently serve as the chairman of the board for the Denton Chamber of Commerce. As I mentioned during the April 3rd public hearing on our local relations committee, reviewed and discussed the draft ethics ordinance on March 28th. Our executive committee also reviewed again and discussed the draft of April 19th, confirming our support for the spirit and concept of this ordinance. We applaud you for the efforts to prepare a draft that carried out the original intent of a comprehensive ethics ordinance. The Chamber greatly appreciate your adjustments and clarification on the draft on April 3rd. The Chamber's 33rd class of leadership didn't graduated on April 20th. This program is a nonpartisan initiative open to any local citizen who genuinely aspires to learn more about opportunities to for community service and all levels of public office. One does not have to be a member of the didn't chamber to apply or be accepted. Nearly 600 individuals have gone through our program, including three of you. If a member of our community seeks election and is privileged enough to earn the responsibility to serve, we fear that once elected, the language as presently written appears to allow for tactical, slanderous action for the individual by those seeking political gain. We ask that any meeting to determine validity of the claim should be closed or at a minimum, the names of the complaint and accused should be redacted. Open and public vetting to determine the validity of the plane can become a regular occurrence and leading to a fren zy and carnival atmosphere for those serving and giving so much of their time. We respectfully respectfully asked that the complaints be kept private until to determine there's a cause for a hearing. There are many credible associations and organizations that have implemented such policy policies to prevent these unintended consequences. Making decisions as stewards of our municipal resources will rarely meet with the unanimous approval of the elector ate. No one on our board expects any of you to vote lockstep with any of us individually, or in response to the didn't chamber position. We remain willing to provide any additional information and resources. Thank you for your consideration and once again, I thank you for taking on such a noble task as an of as an ethics ordinance. Thank you. Now the remaining cards I have a white cards which typically designate that you're not requesting to speak. So if I call your name and you're wanting to speak, just please get my attention. Matt Farmer, 1809 Redwood Denton is in support. Ed Steele, 321 West Oak Street, Denton, Texas in support. The post a draft with no changes is a comment. And Sullivan to to to five Pembroke place didn't Texas 7620 5 is in support with a comment the post a draft with no changes. Those are all the cards that I have. But this is a public hearing. So anybody wishing to speak, please come down and state your name and address and your time will begin. Anybody wishing to speak on this? Mayor and councilman, I'm really interested in six twenty three Newton. I was just pondering the comment. No one will run. I are maybe is no one qualified or good people would run if this ethics ordinance is passed. I was just thinking about that what would keeps someone who 's ethical and performs that way and and actually lives within their own internal ethics positions that are good. Would wonder would consider not running because this ordinance is ordinance. I've been around for a long time and we've been pushing for this some kind of change to the ordinance and looking at the change that are made and the things that you're suggesting that we do. It's pretty good. It's what we have is what's there now is what we need. Here's some of the key things that's happening for me. This making the having the ability to make money a better your position financially after getting off cancel the council directing funds and situations where family members can can gain funds because of the position of being on council have been addressed. I think what we have now is pretty good. So I'd say let's vote on that tonight and get that this what what is on the table passed. And if I'm just thinking if you're ethical then you just don't worry about that you just do what you're supposed to do. And so I don't think that's an issue at all. So I ask you to vote for the ordinance as it is. Thank you. Thank you. This is a public hearing anybody else wishing to speak. Anybody else wishing to speak one more time. All right, we will now close the public hearing. Questions comments. Staff I mean not staff counsel, Councilmember Ryan. It's a public question for legal as far as the ability to withhold the names during that first session is that something that the board could put in their rules and procedures, if they wish. Nothing prevents the board or this council putting that in an ordinance. However, you know, if a public information act request came through those documents with the names would most likely have to be turned over. Any other questions or discussion before chair recognizes the movement. Seconder. For approval of this item. customer breaks. I'll second. So a question clarification, Madam Mayor pro temp, the changes that staff had discussed in their presentation on the effective date and those minor changes that were made to the ordinance to the ordinance not the code of ethics documents that you're you're making a motion to approve those. Yeah, I'm making a motion to approve the ordinance that was placed on our dance. Okay. All right. And that does include those changes from staff. Okay, gotcha. All right. Okay, Councilmember Gregory . Thank you, Mayor. I'm going to move for an amendment, and I think that there were copies of the amendment placed. This is for section to dash to seven seven Board of Ethics. Item, it's paragraph H, and I'm moving for an amendment to replace subpoenas by majority vote to subpoenas, only by an affirmative vote of two thirds of the Board of Ethics that would represent instead of needing four votes to approve it it would require five votes to approve it. So, my, my motion to amend. Okay. Mr City Attorney is that a constant may pretend. Yeah, I was just curious for the reasoning behind it. Because my gravy. Thank you. I, I think that it's important that we have this subpoena power in the rules because it's called for in the charter. I think that that I want to make sure that we have a little higher standard in terms of causing that to happen . I know that that we're certain that, because this is a serious request. It can cause time, it can cause money, it can cause a person to maybe reveal things that they may feel like are not necessary for the investigation. They could call for, you know, five years of tax records or something. And so if if somebody is going to, if the Board of Ethics is going to do that I want, I want a little higher standard than just a majority vote in order to require the production of that kind of material. I want them to have that opportunity to produce it. I'm not saying that I'm against that I just want a little higher standard, a little higher bar to be achieved in order to do so. Okay. You still have a question speak. May I address Councilmember Gregory directly. Sure. So, at our last work session, one of the things that we brought up was the subpoena power, and rightfully it was a concern for everybody here. The language that we included was that it would be narrowly construed just for the purposes of actual investigation. So I'm curious as to why that's insufficient with a simple majority vote to protect people's privacy and their interests. I just tried to answer that question. Can I paraphrase, essentially you just want a higher standard than even to say that it's a limited scope subpo ena. Okay. Okay. And help me with the procedure, Mr. City Attorney, there was amendment made is the motion of to amend is a superior motion to the main motion. It would, it would need a second just like the main motion would. I haven't seen a second come through. Okay, all right, so to the to the motion to amend. All right. So I'm looking at the motion to amend. I see the Councilmember Gregory has moved for that make a motion to that amendment. And I must come customer breaks there's your listed as a seconder on that motion to amend or is that not accurate is that a reflection of the previous motion. So right now we do not have a second. Councilmember Ryan. I will second the motion to amend. Okay. All right, so we have a motion in a second on the motion to amend. I'm just going to take just a moment. Just to share my thoughts on this. I thought I remember last week, we talked about the subpoena power and we also talked about the three quarters or two thirds or supermajor ity concept, I believe I thought that was mentioned, and it was not really decided upon. I also know that the Council ratifies is ratify good word, the rules and procedures of the Board of Ethics when they promulgate their rules and procedures is, I mean, we think the language uses confirm confirm. So I think that there's an opportunity there that as those are getting formed if there's something that the board desires to do differently, then they're able to do that is that correct is if the council confirms that and if the council doesn't confirm it then you've got to move back to a discussion of that is that my understanding of that. That is correct. Okay. So, I'm not going to vote for the motion to amend. At this time, I understand the concerns, and it's it's a hard decision for me because I think that that's a reasonable, reasonable request. However, I think the limiting language in the ordinance currently. First of all, doesn't define reasonable related so there's going to be probably some discussion about the breadth of that and the scope of that so I think there's there's some opportunity to to challenge that, but I fully expect that the Board of Ethics is going to have to create some pretty specific and direct procedures on subpoenas. Are they going to be considered. Are they appealable, if so to whom so I think there's a there's a lot more to do with the rules and procedures for the entire ethics ordinance other than just this particular but it is an important and a powerful tool, and I certainly understand the need to, to , to have some type of higher bar, and I also would like in the meantime, and this has nothing to do with this passage of this ordinance but I just like to see for those other cities. For those other cities who do have that. What exactly is the standard on that so I just wanted to share my thoughts and my deliberations as far as my rationale on that Councilmember has. Thank you, I have a question for legal regarding the city issued cell phones and email. Is there a. What's the right of privacy per se, attest those documents, I mean those those those those items. Generally, I mean, you are issued those to can to have to conduct city business. And so any any emails that are sent from there, using your city extension or texts and all that information would be subject to a public information act request. That's the process I go through because if there's a subpo ena I don't think it's going to jump from what you should be using to your personal information right I think it would organically start where you should be conducting most of your communication, allowing almost an organic buffer between the two. Now if you intermingle those two then then then that's your prerogative. And that that has consequences. But that's kind of how I process it and I also understand the process as a mayor outline that this can be addressed at the next level to fine tune that better and matter of fact give us a body of people that we can train and also kind of get to know each other and have some clear concise communications because no matter what you're going to have to have those conversations so I think that's best placed there, I would ask to start considering next steps as far as we're in paneling the board and how we how we as a as a council going to address issues that may come up during the training so I don't know how we want to establish and I don't know if that's today next week whatever but we need to start saying okay we're laying out the specifics, and out of that came some stuff that we need to fix. What are those fixes what are the public notices for those things, how are we going to communicate those things so I'd like to at least start planning next steps as we nail down the details inevitably there's going to be some other questions. Okay, thank you. Any other comments questions for. We take a vote on the motion to amend. We have a motion and second, Mayor Pro Tem. So from a procedural standpoint, the motion to amend stands alone or it's the entire ordinance. Are we voting just on the amendment or it's just kind of a motion just for the amendment if it passes and it'll be added to the main motion. Thank you. Okay, we have a motion and a second let's vote on the board . Motion to amend motion fails five to two. We are now going to go to the underlying motion, the original motion, which was moved by Mayor Pro Tem. I'm going to preach emotion just for the record. It was a motion to provide him a which is the ordinance, as it was presented to us by staff today and in this clean copy that was in front of us on the dais. Okay. Councilmember rates. I'll second. And Councilmember Gregory. I'm going to vote for the motion. I don't think that the ordinance is a perfect organ ordinance. None of us got everything we wanted. I just didn't get something I wanted. That's an example of it. But each section in each subsection of this has been examined and discussed, debated, edited, sometimes reedited, until at least four members could agree on each one of those sub sections. It's the result of reasonable and respectful deliberations and people making compromises without abandoning principles . We've tried to anticipate unintended consequences, but there will inevitably be some. And I hope that future councils will not shy away from fixing this ordinance. When a fix is needed. The city charter calls for meaningful remedies, and some have argued that letters of sanction are not enough. But this ordinance is not mainly about punishment. In fact, in section 2-266, it explains the purpose that it 's to foster an environment of integrity, that it's to increase public confidence, and that it is to encourage responsible stewardship of the city's resources and assets. And in the ordinance, we've tried to define more clearly than we've ever defined before what we consider ethical behavior to be, and set rigorous standards for our public servants to follow. So I'm happy to vote for it, as I'm assuming that most of my colleagues will, even though none of us were completely satisfied with every aspect of the ordinance. Thanks for allowing me to speak. Yes, sir. Councilmember Hutsbuth. Thank you. Much the same sentiment. There's absolutely some things that I would like to see done different, but I do think it is a great launching point. I think the ultimate power where I believe resides in the voters and the recall feature, if you look at that, the strong support of that level being maintained where it was, is a great indicator. The voters are the only people that can remove or place people in this position. So I think that's where the power should lie with the voters, and I think it remains there. And so I'm encouraged by that. It's one of those things of saying, do your job, and you'll be okay. And if you're not okay, then maybe it'll be okay. But I just think really to leave the power where it belongs , because I too fall in that camp of the ethics ordinance doesn't, as it's currently constituted, doesn't have some of the teeth I wanted, I advocated for, but I think it accomplishes what it's supposed to do. I think the true power is with the voters, and I think that 's, they're able to achieve whatever they can kind of put the petitions together. We've seen them, everything from the gas wells to just different issues that have risen to the need to be addressed by the community, and I think that it's a great thing, and it's great checks and balances for us to sit here. I too will support it, and I look forward to getting this done and fine tuning it and getting it implemented and on to the next thing. Thank you. Thank you, sir. Councilmember Ryan. Thank you, Mayor. I'd like to echo my fellow council members' sentiments that we did not get everything we wanted. I had called for a layered effect to bring the other boards into this as far as the requirement for disclosure, and most of all, this is an ethics ordinance, and the concerns of complaints being filed that are frivolous, we can only hope that the people are ethical when they think about how they're filing them, and they won't be filing those frivol ous lawsuits as well. I'm in support of this. Again, it's not perfect by any means, though we'll eventually down the road be changes as we find things that need to be adjusted, but I'm staying in support of this. Councilmember Briggs. I want to echo the sentiments of that fellow council members, and I want to thank council and the citizens for a great collaboration on this ordinance. This is a really big step for our city, and I'm really excited for our future. Is it perfect? No, but we can fix things later. Okay, any other questions comments. We have a motion and a second on the board. Motion carries seven zero. All right, we'll move on to agenda item six be hold a public hearing consider adoption of an ordinance of the city of Texas regarding a change in the zoning classification from regional center commercial neighborhood to regional center commercial downtown. Thank you, Mayor, Council. Z seven, see 17 days 0034 is a request to rezone on approximately 0.81 acre site from the RCC and zoning district to the RCCC RCCD zoning district. This site is generally located on the north east side of I 35 E, approximately 627 feet southeast of Mayhill Road. And here are two versions of the zoning map. The first one on the top shows the current zoning map with the site zone is RCC and, and should the site be approved this zoning be approved. This is what the zoning map will look like with the RCCD district zoning. The subject site is designated as reason regional mixed use on the future land use map. The regional mixed use designation is actually one that you see mostly along I 35 corridor, as well as along some primary arterials. The intent is to provide a location to have a regional business that would have a regional draw, such as large furniture stores auto dealerships large multifamily developments and things of that nature. The types of uses and the scale of the development permitted in the RCC district conforms to the goals of the regional mixed use designation. With regards to zoning compatibility, the RCC district is combat compatible with probably most of the surround of the surrounding zoning on the northeast side of I 35 with just a couple of exceptions. Here's the subject side and as you can see everything is zone RCCD with the exception of the adjacent parcel which is RCR one. The uses permitted in the RCC district are consistent with the uses that exist today in this location, which are auto sales, as you know, I 35 quarter has quite a few auto dealerships along this part of the quarter both on the northeast side and the southwest side, as well as offices retail and restaurants and hospitality uses. The site will take access from the I 35 quarter. The service road runs a lot right along the front, and as well people can come off of Mayhill Road and access the site as well. Six notices were sent out via certified mail to property owners within 200 feet of the site on April 8 and 14 courtesy notice were sent out to properties within 500 feet of the site. And as of today we have not received any response. The planning and zoning Commission recommends approval of this request with a vote of five to zero, and staff also recommends approval of this request, as it is consistent with the goals and objectives of the dent and plan, and is compatible with the surrounding property in terms of permitted uses. That concludes my presentation. Okay, any questions for staff will take public comment. Thank you. Anyone wishing to speak on this agenda item please come down state your name and address and your time will begin we do not have any cards. This is a public hearing any public comment. Seeing no movement in the room, we will close the public hearing Councilmember Ryan. Thank you, Mayor I will move approval. Council Mayor pro tem but Gary. Second, we have a motion and a second for agenda item six B, let's vote on the board please. Motion carries seven zero. Thank you. Thank you, Mayor and Council members. This is a request to rezone approximately point three acres of land from it's actually not a rezoning it's an initial zoning for point three acres of land that was annexed just last month you might recognize this site you've been seeing it since January. This is a request to rezone this site to CMG and the site is located south of the intersection of Teasley and Alton old Alton road on the east side of old Alton road. This is a before and potential after zoning map as you can see right now the site has a holding zoning of RD five X should this be approved the site will be zoned CMG and just as the rest of this lot if you'll recall this is the southern portion of a lot that covers this entire area right here. And we're trying to rezone it to match the remainder of the lot subject site has a future land use designation of community mixed use the intent of the community mixed use designation is to promote a mix of various commercial uses, but can also provide residential and service uses and other uses that are complimentary. The types of uses in the scale of development development permitted in the CMG district conform to the goals of the community mixed use land use designation. As I mentioned it this will be an extension of the zoning that is located to the north on the remainder of the site, and the uses permitted in the CMG district would be consistent with the uses that are existing in the area today which include vehicle repair offices self storage facilities and other commercial and institutional uses guy or high school is right over here just to give you a point of focus. The site will take access from old Alton road, and the site has water and sewer available. The thin blue lines and red lines are the water and sewer lines and the thick red line here is the designation of cheese Lee as a primary arterial and old Alton road is future secondary arterial and the type of use that is currently in use is for the community mixed use designation. I will give you a few examples of what we have done with the site. We sent five notices within 200 feet via certified mail, and we sent 11 notices via courtesy notice within property within 500 feet, and we actually did not have not received any response at this time. Planning and zoning Commission recommends approval of this request with a vote of seven to zero, and staff also recommends approval of this request as it is can the CMG is consistent with the goals and objectives of the dent plan 2030, and it is compatible with the surrounding property in terms of permitted uses. That concludes my presentation. Any questions for staff before public hearing. Thank you. Thank you. I will now open the public hearing. Anybody wishing to speak on this agenda item, please come down state your name and address your time will begin. It's all empty now the room is empty. All right, anybody else wishing to speak. Okay, one more time. Seeing none we will close the public hearing. Councilmember Ryan, I move approval. Councilmember Gregory. We have a motion in a second let's vote on the board please . Motion carries seven zero. That concludes all of our agenda items except for concluding items which is agenda. First I want to thank you for bearing with me today as I popped in and out of the meetings I appreciate your support wanted me to get better. Second, I have some list of items here but if you can't understand me, I could give it to you but I want to try. I saw a thing today on social media that there is a lack of bike racks downtown and I'm just wondering if we plan to add more. Not necessarily the little D's but just any type of bike rack. I would like to request a work session or a closed session whatever is appropriate on purchasing small stands of trees with the tree fund. Also an informal staff report about first responders and a gap analysis on where we are currently compared to other cities in regards to counseling services. Those are extra counseling services for our first responders. If they're in a tragedy, how frequently they can go to counseling. And here's a really big important one. We continue to have loose dogs in our area. There were just three this morning. A citizen actually suggested that we may be put info into the utility bill or on our residential update on who to call and also suggested that maybe a little sign attached to the other signs in the parks on a number to call. If it's not there would be really handy in case somebody saw or had an incident in a park with a loose dog. Last, I would like for counsel to consider passing a resolution that the city will not turn on and operate the deck at a loss, even if aircott tells us to turn it on this summer. I think that's really important for us to do. Thank you. Okay. Councilmember Gregory. Thank you, Mayor. Just a reminder that a week from tomorrow is the bike event bike ride with the city starts at six o'clock at the parking lot at North Lakes Park directly across Windsor on the north side of Windsor from the North Lakes Recreation Center. Ride with the city and discover a beautiful new bike trail that goes along the upper part of Cooper Creek down towards Evers Park Elementary School. Right, Councilmember Ryan. Thank you, Mayor. I'd like to request a informal staff report on the length of time that it takes to get me any code updates on our website. None of the charter changes that were made six months ago have have made it on there yet. So it obviously is taking a great amount of time. If there are any possibilities of us taking in doing something in house as opposed to using the community code system with the cost difference would be on that. And then also, I believe I brought this up a while back, but just it's been several months back and it kind of fell off the map is a 311 app that citizens could report issues via an app that they could have on their phone. Just to see where we stand on that. Thank you. Okay, Councilmember Hesbeth. Thank you, Mayor. Just a few things here. So the TW Golf Course, I think that last day is Saturday, I think. Is that what I read? I do believe something like that. So I just wanted to put that information out there. But also kind of forward thinking, can we connect Haywood with them or have we already connected to understand what's going to happen with the trees there? Because now you're having a development and you're having rows of trees kind of organized for fairways. And so I think as you're building, you have a chance to wipe out a lot of different trees just because of how it's configured. So I want to kind of get in front of understanding what's next and how that's going to be configured to, if nothing else, disseminate that information, but get in front of that. And then two, Twilight Tunes is Thursday, so everyone go down to the courthouse. That's been great. The weather's been fantastic. And on the fourth, at Fredmore Park, there's the Freedom Town 2.0 that's going to be -- so it's a live screening again, free food, giveaways, that sort of thing at Fredmore Park. So I invite anyone that has a moment to drop by and see that screening once more before it's -- I think they're going to -- I don't know where they're going to store it. But I think this will be the last opportunity, if you've not seen that, to kind of participate in that and just kind of hang out. So those are my things. Thank you. Thank you. Just have a couple. One is if there's a way that -- because this year, in this election coming up on May 5th, we've got additional voting places. And we've got one for each district. We've got two for each district. So -- and it's my understanding that the precincts are assigned a voting location. So I don't know if we have it anywhere on our website or if the county has it on our website. But if we could somehow get that word out that where people can look up their precinct and what polling location that would be, because that would sure save, I believe, a lot of confusion on Saturday. Secondly, wanted to just give a shout out, and we're going to celebrate this later on in the month, but that just as a concluding item that, you know, this is Bike Month and that the city then encourages the use of bicycle as a means of transportation. We've got the Cycle with the City on Wednesday, which is one of those events. So want to certainly encourage everyone to become more aware of cycling and its benefits to our community, its benefits to your health, and encourage motorists to make sure that they understand the Safe Road Users Ordinance, or I believe that's what it's called or something similar. Because that certainly is an ordinance that exists in the city of Denton that provides guidelines and rules and regulations for how we treat each other on the road between motor vehicle traffic and pedestrians and bicyclists or other road users. So wanted to give a shout out to that that it's Bike Month, and that we have some opportunities with Cycle with the City to get out and enjoy some of this beautiful weather and the new trail that we have. And I believe Councilmember Gregory and anybody else who wants to join him will be out there and he will be leading the pack on a breakneck speed. And not wearing spandex shorts. Okay, that was not wearing spandex shorts. All right, well we've already lost control of this meeting so since there are no more concluding items, we will we will now conclude this meeting. Thank you all for coming.