welcome to this meeting of the Denton City Council it is Tuesday April 5th at
2 p.m. and we do have a quorum technically it's 201 we do have a quorum
so I'll call the meeting to order the see first step is do we have any
citizens comments
see none okay then that takes us to questions and if someone does we'll come
back to it questions from on the consent agenda from Council Councilor Davis
thank you mayor I need to pull item F for recusal and then on item G I just
wondered if somebody could give just the public's benefit at just a real quick
synopsis of the conversations that were had between the event host the police
department and then the gazebo apartments that are right there okay
all right there they're on the line or okay come across okay great I forgot
they got a walk across
yeah no problem um well while we're waiting I'm also going to be recusing on
F so thank you Sasseness assistant director of Parks and Recreation there
is a question on item G the ashes 420 event the the event organizers have
notified the apartment complex management group the management group is
not happy about it but they have been notified the group has worked with the
special events team to go through the rest of the permit process PD is is
aware and they've met all the requirements from PD sorry I'm a lot of
breath from run from the other side thanks that's what I need to know okay
okay thank you very much anyone else any other questions
customer answer yes so I don't have a question but I wanted to pull item D for
individual consideration and a brief presentation doesn't have to be a
PowerPoint just a little presentation and discussion that's the one on issuing
criminal trespass warnings on public property it's it's a matter of a great
great public interest so I think it's important that we discuss it and vote on
it separately in the public
okay is everything you need for that or okay okay great okay any other anyone
else any other questions seeing none that'll conclude questions in the so for
the record that's items F and D that will be pulled F or separate vote only
two recusals and then D would be presentation and then a separate vote
okay and okay let's get that so then go into our work session first items item a
I'll call that it's a is ID two one two seven eight six receive report hold
discussion give staff direction regarding the FY 2020 20 from 2020 2021
annual comp comprehensive financial report and annual audit afternoon
counsel my name is Perla Tibera I am the city controller and before I introduce
Weaver our partner I wanted to kind of give an overall view although the audit
is six months it does take the accounting department the entire full
year to go over it so absolute kudos to the accounting department as they're
diligently working throughout the year so I'm going to introduce John DeBoro he
is audit partner for Weaver thank you thank you Perla and good afternoon mr.
mayor and members of the council as pro mentioned my name is John DeBoro I'm
the audit partner with Weaver and thank you for inviting me to meet with you
this afternoon to go through the results of the fiscal year 2021 audit I have a
presentation here that I'd like to go through and before I do that I'd like to
thank Perla and Cassie and the rest of the finance department for all their
hard work and making this a very successful audit and I have have a
number of things to go over with you today I want to start with a little
introduction to both the the audit team and the audit process then go through
the audit results and some required communications and if it needs oops I
apologize about that better
thanks sorry about that and at any time if anyone has any questions please feel
free to ask as I mentioned I served as the engagement partner again this year
this our second year auditing in the city and joining me was Bryant Sanchez one
of our audit managers as well as other staff and managers that helped along the
way and we began this process last summer I like this slide because it lets
you know that we're not just your audit firm for a day or week we're with you
throughout the year to help out and we started our planning process last summer
doing our risk assessment and performing interim fieldwork last August which I'll
elaborate on a little bit of pawn in just a moment we came back in January to
perform our final fieldwork and issued our audit opinion last week on the
financial statements and anytime between now and next year's audit I always make
myself and my staff available to your staff because sometimes you have
questions while transactions are occurring where you need that help and
we always tell our clients to call us or email us because we want to give you the
help when you need it we performed our audit in accordance with generally
accepted auditing standards as well as generally accepted government auditing
standards we performed single audits both a federal and a state single audit
again this year the federal audit was performed in accordance with what's known
as the uniform guidance and the state single audit in accordance with the
uniform grant management standards of the state of Texas we also performed
tests of the city's compliance with various provisions of laws grant
agreements such as the Public Funds Investment Act and we use what's known as
a risk-based approach to our audit obviously we can't look at every single
transaction of the city for the entire year so we use a risk-based approach
where we try to identify areas that could be of higher risk of material
misstatement of the financial statements and tailor our resources and our
staffing more heavily in those areas and I've listed some of those here for you
things such as revenue recognition and related receivable balances capital
projects purchasing and compliance with bid procedures looking for unrecorded
liabilities evaluating significant estimates that are embodied within the
financial statements and then also obviously testing of federal and state
revenues and expenditures as well as compliance with the related grant
agreements grant requirements for those agreements and I mentioned that we came
out last summer and when we did so obviously the books aren't closed
because it wasn't the end of the fiscal year yet so we concentrate at that point
in time on looking at internal controls and we perform what are known as
walk-throughs of the significant accounting transaction cycles where we
get an understanding of the processes within those cycles we identify internal
controls and if we had seen any control deficiencies we would have brought those
to management's attention at the time but thankfully we did not find any
control deficiencies when doing our observation of controls we also tested
internal controls over payroll and cash disbursements where we look at samples
of transactions and again testing the controls that we've identified during our
walk-throughs we perform tests of journal entries where we identify
journal entries that are in areas that may be of higher risk and test to make
sure that they're properly approved that they're for business purposes and
and the like this particular slide also lists some of the other audit procedures
that we performed during our audit we conduct fraud and non-compliance
inquiries with people of various levels throughout the organization during our
planning and during the fieldwork portion of our audit I mentioned that we
performed testing of the city's compliance with both federal and state
single audit and for the federal single audit this year we had to test four
major programs because of the dollar amount that was expended those four
programs were the CDBG or the community development block grant the coronavirus
relief fund program which was also tested in the previous year the emergency
solutions grant and the home investment partnership program grant all four of
those were tested as major programs and for the state single audit it was once
again the regional toll revenue projects and I'm happy to report that there were
no findings on either the federal or the state single audit so it was great news
some of the other areas we tested involved information technology we had
some of our IT auditors review both the processes and controls in the IT
environment we did recalculations of utility bill to make sure that the rates
were proper in accordance with authorized rates we looked at the
adequacy of footnote disclosures in the annual comprehensive financial report
tested long-term debt including new issuances this year to make sure that
they were recorded properly we looked at various areas like tax revenues property
taxes sales taxes and collections we assessed allowances for adult full
accounts for various receivable balances we tested capital assets both purchases
of capital assets as well as construction and progress projects and we tested
investments I mentioned before we also looked at the compliance with public
funds investment act and found that the city was in compliance with the
requirements there we looked at employee compensation from a reasonable
standpoint with the various payroll tests we tested enterprise funds both
operating revenues and expenses and looked at the city's landfill closure and
post closure estimate for reasonableness and as I mentioned or actually I
haven't mentioned yet with the audit results we've issued three different
reports the first one is our independent auditors report on the city's financial
statements and in this report we've issued what's known as an unmodified
opinion which means that we feel that the city's financial statements for the
year ended September 30th 2021 a fairly stated in all material respects in
accordance with gap there were also a report on internal control of a
financial reporting compliance and in that report we noted that there were no
material weaknesses in internal control no significant deficiencies and no
non-compliance material to the financial statement so a very clean opinion and
finally we issued the report on the state and federal awards the expenditures
of state and federal awards in that report we also issued an unmodified
opinion which means that we feel that the city handled the the grants both
federal and state grants in accordance with the grant requirements the city
was considered a low-risk oddity because you had not had any findings in the past
two years and had both state and federal single audits conducted in each of those
years there were no material weaknesses in internal control over compliance no
significant deficiencies in internal control over compliance with either the
federal or the state major programs so again a very clean audit some required
communications that we have to have with you as those charged with governance
includes our responsibilities under generally accepted auditing standards
which really to paraphrase is we have to express an opinion based on our audit
procedures and as I mentioned we've expressed an unmodified opinion on the
financial statements we also have responsibilities under generally
accepted government auditing standards in addition to those I just described we
also have to issue a written report on our consideration of the city's fine
internal control of a financial reporting and on compliance and that's
the report that I mentioned had no no findings and then finally we have
responsibilities under the uniform guidance and uniform grant management
standards for the federal and state grant and that is to express an opinion
based on our audit procedures to show whether or not the city was in compliance
with the requirements of those grants and we've issued unmodified opinions on
both of them some other areas that we required to communicate to you are
whether there were any unusual transactions or adoption of new
accounting principles there were no unusual transactions that noted during
our testing of the city balances and activity there was one new accounting
pronouncement that was implemented this year known as GASB 84 or fiduciary
activities but this really didn't have a significant effect on on the city it
just had a change in reporting for fiduciary activities such that what
used to be agent fee funds for the city and now report as part of the general
fund next year there will be a pronouncement known as GASB 87 or the
lease standard that the city will have to implement that will have more
significant impact on the financial statements as leases will be reported
both as assets and liabilities for the first time and I know that the finance
department is very well versed in this standard and will will help them with
the implementation as needed there were no difficulties in conducting our audit
no disagreements over the application of gap we received certain
representations from management prior to the release of our audit opinion again
we looked at various estimates that are embodied in the financial statements
things such as the useful life of capital assets the allowance for
uncollectible accounts receivable the city's pension and OPEB liabilities the
landfill closure and post closure liability and we looked at the
underlying assumptions that make up those estimates and felt that they were
reasonable and finally in the area of audit adjustments were required to
communicate to you whether there were any significant audit adjustments that
had to be made in arriving at the numbers in the financial statements as
well as any what are called uncorrected misstatements which are ones that were
less significant not material but we passed on and I'm happy to report that
there were none of either type no adjustments at all that were made and
again I'd just like to summarize that obviously you can tell based on results
it was a very successful audit there were no findings and unmodified opinions
issued with that I'd be happy to answer any questions okay questions for staff
may I pretend thank you mayor first congratulations to staff on another
extremely clean audit I'm just curious regarding the Gatsby 84 what is it that
might look funny to someone if they didn't know that there was the
reclassification what agency might look different once said take this sorry
perl it's very again controller it was just so the agency fund what we had was
some assets in the forfeiture that we moved into general fund it's still there
it just is not in the agency as a separate table you just have to look into
the general fund as a forfeiture it's still on its own line item though for
what kind of forfeiture seized assets that we keep from the police they were
considered yeah understood that's a rolled up in a general fund any other
questions Sina thank you very much appreciate it
great presentation thank you thank you okay that takes us to item B which is ID
two one two seven seven nine receive report hold discussion give staff
direction regarding the audit project zero one zero capital projects
administration property administration follow-up review hello mayor and council
Madison Russia didn't city auditor I'm here to present our findings from this
follow-up review all right so just as a reminder follow-up reviews are intended
to provide information on what changes have been made in response to an issued
audit and this review was based on the recommendations and management responses
originally compiled in phase two of our audit of capital projects
administration which was focused on property acquisition and was originally
issued in May of 2020 this follow-up review found significant improvements to
procedures however some critical documentation was still missing so to
begin I've just illustrated the real estate divisions property acquisition
process on the slide here and highlighted the documentation produced
within each phase of that process that we kind of checked for basically so as
you can see the process begins with the initiation phase during which the
division should receive a formal request from the department to acquire the
needed property in addition it's considered best practice for a project
introduction form to be sent sorry introduction letter to be sent to all
city residents who may be impacted by the project so that they may be better
prepared if the city approaches them to acquire rights to their property during
the due diligence phase the real estate division has the needed land parcel
appraised in order to determine the value of the property real estate also
obtains a title commitment report to ensure that the property can be acquired
without issue once due diligence is complete real estate enters the
negotiation phase during which they may make an initial offer to the property
owner which is typically based on the appraised value the property owner can
then negotiate with the real estate division and present a counter offer
during the initial audit we found that there was not a clear justification or
approval process for real estate division staff to accept those counter
offers which increase the risk of fraud or abuse and then finally real estate
may send a final offer letter to the property owner if needed if they've
accepted the counter offer and if the property acquisition cannot be settled
between the city during this process they may move into imminent domain which
was not really covered as part of this follow-up review so since the original
audit real estate has implemented a standard operating procedure that
formalizes the processes used during the negotiation phase of the property
acquisition process specifically it defines the negotiation authority limits
of the real real estate division staff and requires that staff document
justification for why the city should pay a negotiated price for a property
beyond its appraised value in addition the SOP defines management's authority
levels to approve negotiated offers the original audit also found that the
division did not always retain the documentation required for each phase of
the property acquisition process in particular and so as part of this
follow-up review as we reviewed a sample of 30 acquired parcels and found that
some project request forms and project introduction letters were missing in
addition we found that there were occasional instances where a title
commitment final offer letter and counter offer justification memo for the
acquisition could not be produced as detailed in the table on the slide so
while there's really low risk associated with the missing project request forms
and project introduction letters so these two appear documents such as the
title commitment offer letters and counter offer justifications are
critical in the process and should be retained according to real estate staff
they believe these documents may be available in storage and are
currently working to locate them so as of today actually we received or actually
yesterday we received documentation on the two missing title commitments so
that should be zero but we can't change what was posted on the agenda and so
based on that information the recommendation still appears to be in
progress so if we receive additional documentation from real estate this will
be communicated to council in a future Friday report and the published report
will be amended as as appropriate next at the time of the original audit the
division did not have a clear process to report donated assets to the finance
department so so that they could be appropriately recorded in the city's
financials since then real estate has begun providing a report to finance
about every six months of all acquired parcels including those that are donated
indicating that the recommendation was implemented finally the original audit
found that there was no established qualification requirements for the
vendors hired to appraise the properties that real estate was working
to acquire in addition the division did not have any formal training requirements
for its staff so since that since those findings the division has implemented a
has established a list of pre-qualified appraisers through a request for
qualifications process in addition the division has implemented a standard
operating procedure that requires all division staff to attend training and we
also verified that all tenured staff real estate staff appeared to have
received training in the last two years which is typical for licensed real
estate people in that industry so in summary we found that four of the five
recommendations issued as part of the original property acquisition audit were
implemented with the remaining one being in progress and based on these results we
plan to conduct an informal follow-up review in the next month or so to
determine if the outstanding recommendation has been implemented and
communicate that in a Friday report so that's the end thank you very much
appreciate it questions for staff
cancer altar
thank you so much for another really excellent and important audit you found
some really interesting really important problems that are working to be resolved
resolved so that's great I had a question about the appraisal process so
now that there is now that there is a process in place for qualifications for
appraisers has there been any kind of effort to look back on the appraisals
that have been done recently to see that the appraisers we've used meet these new
guidelines and again I understand that these new guidelines were not in place
at that time I'm just curious to know you know do do our new do our old do the
old appraisers we've used past muster under the new guidelines we did not do
any sort of evaluation of that as part of our review and I'm not sure if the
department has done anything like that thank you I hope the I hope the answer
is yes thank you Deanna Cody deputy director of real estate just to answer
your question the RFQ was to establish a list of qualified appraisers staff has
always used licensed real estate appraisers to appraise any land
acquisition interest for the city okay so so the so the answer then in other
words is yes okay awesome that's what I wanted to make sure that we had a list
established so that we would have several to choose from that were already
ready to do work for the city yeah okay excellent thank you so much any other
questions see none thank you very much appreciate it man thank you takes us to
item C just ID 2 1 2 6 3 3 receive report whole discussion give staff army
hold this discussion regarding updates to the up adopted standards for
construction fire and health food safety codes for the city
excellent thank you Vanna McDonald here Scott McDonald director
of development services I want to thank you for the opportunity we're very
excited to be here today yes provided you a stack of publications so that you
can get somewhat the gravity of these specific codes that we're talking about
today this does not actually reference the the health and and food safety code
as well as some of the commercial swimming pool operations we have all of
these items on consent because again the gravity of the amount of code text that
you have before you that's approximately for 2,700 pages of text we have your in
your backup roughly 71 pages of ordinances previously paired down to 41
pages of of ordinance amendments so minimizing the local amendments we've
got a cadre of staff that's here to support we'll start off with Emily she'll
kind of walk through the construction codes fire codes Kevin as our chief
health inspector he will be doing some of our food safety and then we have
staff available to be able to answer any of the technical questions that you may
have on any of the topics related to the items today good afternoon mayor City
Council members my name is Emily Lois L. I'm the deputy building official for the
city of Denton today I'm bringing you the proposal to adopt the 2021
international family of building codes which includes building fire residential
energy conservation existing building fuel gas plumbing mechanical swimming
pool and spa and the 2020 national electrical code so why are we here codes
established minimum standards to ensure newly constructed or remodeled buildings
are safe the most recent editions of the code books afford more materials and
construction methods which help keep construction more affordable complexity
of the project and use of the structure determines which code books to use a
simpler type of construction such as your house uses the residential code
alternatively if you're constructing an auto repair shop or a nail salon
additional safety requirements are addressed in the plumbing and mechanical
codes using the newest version of the codes provides us an avenue to implement
best practices which affect not only construction costs but also affects
insurance rates across the city new construction in the city of Denton is
regulated today by the 2012 family of building codes the 2015 energy code and
the 2011 electrical code the proposal is to adopt the most recent publication of
the 2021 international family of codes and the 2020 electrical code with minimal
amendments these publications are updated every three years it's important
to note that the building code is the parent code to all codes and provides
the guidelines to construct a structurally sound and safe building
construction address in this code is primarily commercial but does include
some residential uses such as multi-family and assisted living
facilities the existing building code not to be confused with the currently
adopted code is a standalone code that provides guidance for existing and
historic buildings this code was previously contained in the building
code but since has been removed to its own separate code book existing building
code allows for flexibility when remodeling an existing building in and
then even more flexibility when we're your remodeling historic buildings this
codebook also recognizes the need to preserve such structures and keep
construction costs at a minimum ultimately safety is the priority if
there are life safety items they will be addressed here the residential code is
the code that guides the construction of new houses it also addresses duplexes
and townhomes so detached and attached housing covers the foundation the
framing walls roof plumbing gas lines private water and sewer lines energy
conservation and more all the components of building a house so if you were a
builder I could give you one of these books and that would be your construction
guide from the foundation everything in between to the roof the fire code is a
complementary code to the building code along with operations and maintenance it
addresses fire alarms fire sprinklers and more to keep businesses and the
public safe all other codes cover the different trade or construction types
each referring to the other as appropriate so codes are written to be
the first line of defense in preventing accidents illness and death they provide
sufficient time to escape fires provide for escape paths they're intended to
reduce or prevent mold accumulation they protect us from sewer and natural gas
poisoning they prevent drowning in pools and they protect us from preventable
preventable cross-contamination building codes also regulate energy efficiency
which protects businesses and home operational costs updated codes are
necessary to ensure these costs continue to be protected the state of Texas
mandates some building codes as a minimum across the state it's up to up to
the local jurisdictions to adopt and enforce building codes during the code
review process staffers received to guidance and directions from a number of
groups and individuals we reviewed codes with subject matter experts such as
contractors architects engineers we met with city staff we met with the North
Central Texas Council of Governments we've met with the Dallas Home Builders
Association and outreach within the community we worked especially diligent
with the Health and Building Standards Commission this group of folks
volunteered countless hours reviewing and discussing this massive stack of
codebooks the proposed amendments and they created consistencies with local
amendments and evaluated the overall impact that the adoption of these codes
may have on the city the next big step is to adopt the most recent published
codes I'm happy to answer any questions but first let's hear from Kevin he's our
chief health inspector to speak to the changes with the health and pool safety
code which directly correlates with the building codes thank you for your time
and consideration of this vital step to afford a more safe and sustainable
didn't thank you well done
good afternoon mayor council members my name is Kevin Cummings I am the chief
health inspector for the city of Denton we have three other health inspectors
that work with me in the division of health and food safety and their names
are Jackie Acosta Sarah Losh and Jessica Griffin okay I'm here to talk to you
about two changes to ordinances chapter 13 and chapter 14 and there's only 33
pages that we have to deal with this afternoon so hopefully it would be a
little bit quicker than then what you had to see for all the building codes and
why am I here to begin with at all well quite frankly I'm here because the state
legislature passed two laws this past session that deal with our ordinances so
therefore we need to update our ordinance to come into compliance with
state law now the first ordinance is chapter 13 food and food establishments
as you can imagine as a health inspector I spend a lot of time in restaurants and
you can kind of tell that if you look at me but at the same time we're there to
make sure that the food that is served to the citizens of Denton is as healthy
and as wholesome as it possibly can be what happened this year was the state
legislature adopted the 2017 USDA food code as the law of the land for
restaurants in the state of Texas now that's a great code and I'm glad that
they passed it it's really what everybody's been using for the past five
years anyway so it's good that the state legislature brought that up but at the
same time it deals primarily with restaurants we also deal with food
trucks food trailers and temporary events here in Denton as you may know
Denton was one of the first cities that allowed food trucks to operate well with
that back then the City Council passed a good set of ordinances to deal with
those individual operations we want to keep that that is the primary majority
of the ordinance wording that you see before you that we want to keep that we
had beforehand again chapter 13 the reason we're here is because the state
legislature adopted the 2017 food code we want to be in compliance with that
and ask that you pass that this evening the second code is chapter 14 health and
human services and primarily what we're looking at there is article 5 which
deals with swimming pools as was brought to you earlier the international spa and
pool code was adopted by the state legislature this year as the design
manual for pools and spas we want to keep that it's a good document we we'd
like it we'd like for we're glad that the building officials are looking at
passing it as well but what it doesn't do it doesn't really talk about operation
of swimming pools so we want to keep that wording that we had beforehand in
the ordinance so that we can make sure that the pools and spas that are
operating in the city of Dinden are as healthy as they possibly can be with
that I'm happy to answer any questions that I may have great thank you any
questions for Sam yeah thank you so much I wonder if you could just give a
general idea of what the impact would be on Denton food trucks if we didn't take
the actions that you know are being recommended tonight what how would they
be affected okay well the state law really talks about that you can have
food trucks but it doesn't talk about the operations in other words food
trucks would be left to their own devices as far as what kind of materials
they could be built out of what kind of equipment that they could have on their
trucks the time frames that they could serve food and those kind of things this
ordinance wording that we have gives a little bit better playing field for
everybody so that they know we're really looking for a food truck to be built
just as well as a food restaurant as far as the construction items go that the
equipment that they use is going to be food grade or restaurant grade equipment
that the temperatures and everything else that they deal with is going to be
just like at a restaurant it's just going to be on their food truck any other
questions counselor Archer yes my questions are also about the food truck
ordinance and I'm so glad we have a food truck ordinance me too as our food truck
vendors who want to you know ensure that they that you know their competition
doesn't give them a bad name by using unsafe practices so they're very very
proud of you know how clean and safe they are so anyway it is a good thing
that said you know I have heard from some food truck owners about certain
problems they have not with the idea of a food truck ordinance in general but
with a few issues in it namely the approved commissary registration that's
a real obstacle for a number of food truck owners for some it's not but for
others they need to move their truck you know far away on that kind of a regular
basis and you know these these trucks they're not made for of course their
vehicles you know not made for going great distances the last I heard we
didn't have any commissary that was at least able to be in locally in the city
of Denton that may have changed but I just know that that has been prohibitive
also you know the prohibition on storing a vehicle at home just kind of across the
board that is problematic for some people I don't I don't see you know what
that has to do with health and safety and then I'm pleased about the restrooms
within 500 feet requirement first of all I absolutely agree there should be an
accessible restroom close by that's really important for health and safety
and quality of life everyone can agree on it what I'm wondering is about the 500
feet you know I wonder you know is that number you know required by the state
that 500 feet or can that be if there's some wiggle room there so that we could
ensure that there's a bathroom close by even if it's not that is easily
accessible say you know where you don't have to cross the highway by foot for
instance but it's so that that 500 feet is not prohibitive and then people have
to end up putting a bathroom on their truck right okay and if I could speak to
the commissary portion first a commissary is a base of operations for
those who may not know exactly what a commissary is it's where the food truck
is going to store their food that they they don't have on the truck constantly
it may be where they're going to do some prep cooking before they go out into the
field and actually serve their food it's a base of operations and the commissary
is required under state law and it is something that I hear a lot about from
the food truck industry it is difficult to find those locations that have that
there is one in the city of Denton that we currently have that is an operating
commissary and quite a few of the trucks utilize their services now that plays
into why not parking at a residence and quite frankly having a commissary is is
a place that can be inspected so that we make sure that the food is the highest
quality that the equipment is going well that they're following all the food
safety guidelines that they need to if we are allowed to park trucks at
residences the fear is that they would use their residents as a commissary as a
health inspector cannot go into somebody's home and do an inspection
therefore I can't make sure that all the food and the equipment and all those
sort of things that may be inside of a residence is up to speed as far as food
safety goes the restroom agreement it used to be that state law said that it
had to be 500 feet the ordinance there the state laws just been changed as I
said they adopted the 2017 USDA food code it doesn't speak to how close that
the restroom has to be that was just a portion of the ordinance that was
carried over from back when we had state law I can tell you as a matter of
operations we asked that they have a restroom agreement in place do we go out
and actually measure that it's 500 feet or less we don't we just want to make
sure that they have a restroom and that they can utilize it as they as they
should it's up to council if you would like to change to where it doesn't
recognize the 500 feet or more or less that's perfectly fine with us well thank
you so much for answering those questions really informative and
helpful um I have just you know a few direction items related to this one and
be curious to know if there is you know any consensus on this from my colleagues
in in no particular order one I think that the that 500 feet requirement
should be struck since it's not I'm happy and I'm happy to hear that it's
not practiced anyway that you're looking at it from a pragmatic perspective is
there a restroom agreement and is it close by which is extremely important so
because I know that food truck owners they have a checklist right that they
have to check off and one of the things is this 500 feet I can be real
stressful and they don't know that just be the most transparent solution I and
you know I would like to see also struck the requirement that the prohibition on
storing vehicles at home if a commissary is already required by state law and if
the fear is that you know people are going to use their home as a commissary
you know there's already if it turns out that someone is using their home as a
commissary that already is a violation so there already is you know because of
the state law something in place to prevent that so I think that it's best
you know for our small business owners in that community that we you know have
that trust in them that is backed up by inspections right and so I think we
should get get rid of that also the the next and this is more for a city manager
the next time this comes to us I guess it'll be too for us to to vote on maybe
not maybe there's gonna be another work session but I would like to see a red
lined copy of the ordinance there wasn't you know included in the backup and
maybe because there wasn't time for that but certainly if we're gonna vote on it
you know I would need to see the new you know the new word the new ordinance and
the old ordinance right now all I can look at is the old ordinance and this
the the presentation and and I would like to and I'm glad to see that
stakeholders and not surprised that that stakeholders have been met with and
talked to I think it's important that the community of food truck owners and
food cart owners that everybody who's licensed will be great if they could be
sent an anonymous survey just to get input and so that they would know that
you know their anonymity would be guaranteed just to see you know what
suggestions they have maybe some of their suggestions might not be possible
but a lot of them are really familiar with certainly more so than I am you
know food truck ordinances in other cities ours are much better than I mean
there are other kinds of obstacles and in other cities you know but so they're
they're pretty savvy on these issues and I would really like to know what they
think what I found is that they're you know willing to come forward to a
council person to make suggestions but then when I suggest that you know can
you can you write a letter can you you know council be really interested too and
that they're worried because they don't want to sound like complainers and I
know that y'all are gonna retaliate again you know I know that but I also
understand that need for anonymity okay any mayor if I could just address a
couple of items one within the the commissary within when we adopted the
2019 development code we added food truck courts trying to accommodate for
food trucks the requirement for a commissary and state laws is a critical
component because again they have to have food storage where they're able to
maintain for us to be able to inspect the two ordinances happy we can we can
email the redline versions directly we have those there were no substantive
changes to the two ordinances it was really the consolidation with state law
and then where we had maybe title changes within the department where it
was consumer health previously now it's health and food safety so we made those
changes and only the changes that would be reflective of state law we
certainly can we ask that you would approve the changes today so we can be
consistent with state law and we certainly can come back if it's the
council's will to talk through food trucks and maybe the changes that we
would need to make in order to be at least more accommodating or different
when we start getting into really that commissary conversation I just offer
that sure there thank you very much any other questions
councillor McGuire yeah I just want to you know first of all I'm absolutely open
to the the the path of approving it now and then revisiting some of these
smaller details but I do want to just voice support for for councilmember
Armitage suggestions I think that if state law isn't strict about the 500
foot requirement for restrooms and if in your professional opinion a restroom
agreement is adequate I think that that that would be adequate for our code and
would remove some some barriers and some unnecessary restrictions and yeah I mean
if if it's all it's state law that that food trucks must work with a registered
commons commissary and it obviously would be health code violation for them
to be using a home kitchen as a commons commissary I don't see any reason to add
another layer to that and say well you also can't park it at home because you
might use the home kitchen as a commissary I think that's that is another
kind of unnecessary restriction it's just if the health code says you can't
use a home kitchen as commissary then that's I think that's good enough all
right any other questions comes from Bert just a couple of things there and
just to kind of start backwards on the parking situation I'm just not
envisioning neighbors being okay with food trucks sitting out in front of you
know people's homes where they have their small businesses I think that
there's already some ordinances out there in regards to parking work
vehicles I kind of went through something like that on my own street
where some people were parking improperly their work vehicles on our
streets so we have to get that taken care of and I think this may fall in
line with that so we'll have to make sure we have that connection there the
other thing is that I I'm just not in agreement with a whole lot of it that
we then councilmember Armitage brought forth because I am you know my
background is health and safety and of course I want to look at the stringent
those stringent possibilities of keeping food health in healthy and safe have my
own small business in that regard so I know what it takes to make sure that
you're putting out a great product but you're also doing it in the safest
manner possible so 500 feet you know to a restroom that sounds like that's a
pretty extensive amount of space between hand washing sanitation you know and the
type of restrooms that we have out at festivals and things like that having to
use restrooms that at restaurants and in that kind of thing I just seem like it
needs to be tight like that I would prefer to have that to stay there but you
know I don't want to stop anybody from being successful you know when they're
small business of food trucks I eat out of food trucks myself periodically but I
also would like to make sure that we just don't collapse you know some of
those rules because they're there to make sure that we're taking care of
ourselves in the best manner thank you okay it was councilmember back thank you
mr. mayor I'm gonna try to thread the needle in this I'd like to like say that
you know I'd like to move forward for today on this but if we could get an ISR
on the relationships of these issues that we're hearing and and get you know
a deeper dive a better take on what we need to do to what's redundant what's
not what can we do to help businesses what versus safety I think that would
give us the start of a conversation that and I'm not sure that we have the time
for with two minutes left so that that would be my recommendation is to start
with an ISR on these issues so that we're better informed yeah I would align
with that and with the expectation that we would eventually have a you know
session to evaluate how we can encourage the great food truck aspect of Denton
which is a real addition and and do it in a way that's safe I would like staff
to have the opportunity to think about it to say you know if we were to change
any of these restrictions what would we have to do to still feel good about what
is provided to the public so yep I agree. Councilor Davis. Thank You Mayor I agree
going forward today with the items on the consent agenda all of them but zero
and on this because as you said we led the way it was a big contentious issue
at the time with our brick-and-mortar restaurateurs and our folks who had been
complying with all the health inspections and for years and years and
they wondered if the new the new game in town was going to be able to comply with
health and safety concerns they worried if we were going to capture sales tax
in the way that we needed to all of those things and I feel like we've been
active in this space a lot longer than maybe most people sitting here at the
dais are aware I'm very comfortable with the staff recommendations I feel like we
are proactive in finding best practices and we're never always going to be happy
we're never always going to have each individual restaurateur or food truck
operator happy but I feel like we've struck the right balance in this and
that we did that on purpose because we've been studying this issue for a
long time okay yes sir mayor and thank you all for your feedback in your in
your comments absolutely there were no substantive changes to what we were
looking at today happy to to take some of the suggestions and ultimately create
a white paper a brief and ISR kind of some of the rationale of where we're at
today we'll also survey and try to do some collaborating with the food truck
vendors that we have out there and then we'll look to come back to council with
the work session specifically on food trucks just to talk about where we're at
what best practices may be and what changes we may or may not want to make
to the future thank you and I don't know if there are any other codes but I don't
see any yeah no we're all good thank you very much appreciate it thank you takes
us to item D ID 2 1 2 6 7 6 receive report hold discussion and give staff
direction regarding prioritizing area plans
no thanks already this is your dessert so while Ron is handing out a present
for the council and for the latter part of our discussion this afternoon Tina
Bergens W director of development services so I'm happy to be here with
you this afternoon to talk about implementing our conference of plan as
you know we worked hard on getting the conference of plan across the finish
line the Denton 2040 conference of plan one of the key components and
recommendations coming out of that was working on area plans and so that's why
I'm delighted to be able to have this conversation today I feel like I feel
like we've been talking about this for quite some time now given the last
several months so I'm not going to go through all of the reasons why we should
do area plans you're well aware of that because of all the discussion that we
had particularly January February in and leading up to the adoption in March so
really what the whole focus of our discussion is today is to have council
prioritize five areas that you're interested in us working on and then
ideally we will narrow that down to the the top two areas so one then you want
us to immediately start moving forward on or if you would rather us delay this
effort until this upcoming fiscal year so again conference of plan supports
the creation of the area plans a couple of action items both within the land
use element and the community character and urban design that give us the basis
for moving forward and justification for these projects as we move on as I
mentioned the we you know we've been working on this for quite some time we've
had councils already given us some feedback in the past I know you told us
throughout some of our discussions a couple of you weighed in and said hey I
really think we need to do an area plan in Northeast Denton some of you said we
should do one in Southeast Denton but what we did is as we shared with you when
we were going through the adoption phase on the comp plan that we were going to
have a conversation with the Planning and Zoning Commission and have the
Planning and Zoning Commission prioritize areas within the community
that they felt that we should work on and so what we did is we proposed 10
areas for their consideration consistent with areas that were recommended in the
Denton 2040 plan what was interesting in the Planning and Zoning Commission's
discussion is their top five which I've shown in bold here matched our top five
from staffs recommendation perspective so that was kind of nice to know that we
were locked up in alignment with the Planning and Zoning Commission we
shared with them the reasons for why we should focus on these areas and and I'll
get into that momentarily in a moment but really what I would like to
encourage council do today is focus your efforts on prioritizing of these top
five that we've noted here that we move forward with you identifying to see you
know do you concur with those recommendations do you think that
something else should be moved to the top and in something else moved to the
number five slot or what that might be in addition to your taken into
consideration you know the Planning and Zoning Commission and staffs
recommendation you know other reasons why we whittled down to these top five
areas were because of the development pressures that are happening within
these various areas of the community also given some of our past conversations
about land preservation opportunities there may be some opportunities let's
say in the northeast part of town for land preservation compared to some of
the other areas within the community also we have community partnership and
community feedback coming into play which is really important I know we've
talked about Southeast Denton the public engagement efforts that are going to be
necessary in Southeast Denton are going to be able to help drive forward
establishing a vision for this area and that's another key thing for each of
these five areas they could use a more concise clear refined vision being
provided so again hence why we believe we should focus our prioritizing our
efforts within these five areas of the community I know you're fairly area are
you're very familiar with some of these areas so I'm just going to quickly go
through them obviously Northeast Denton this has had tremendous amount of
discussion we've had residents in the past actually put forth their own area
plan and their initial attempt one of the things that we that we believe is
important is that the stakeholder engagement engagement that occurs
within this area that is also reflective of all the property owners that could
potentially be within the area the other challenge we have is that portions of
this area within the city summer are not within the city it's all part in the EGJ
but we know we're having development pressures in this area given the
development applications we have come up for land preservation has come up in the
past as well infrastructure challenges but also community interest and council's
interest so I believe that was why it was number one on our list and number
one coming out of the planning and zoning Commission Southeast Denton I know
we've talked much about in the past obviously we've got strong community
interest in identifying a vision moving forward for this area we need to have
conversations about what if the existing portions of the city in this area where
we need to maintain the existing character are there offers opportunities
for change but most importantly we need to have that community engagement and we
really need to have the residents of this area of town being part of that
conversation and discussion to help us identify what needs to be the appropriate
vision for this area of our community moving forward downtown this item and as
well as the next one being the northern portion of the I-35 quarter I'd like to
think really this came in as a tie with the planning and zoning Commission but
technically on the scoring this one scored higher by one point compared to
the next area and that's really the update of and consolidation of all the
downtown area plans we've got a jewel in downtown if you saw in the in the Friday
report we just received from the the Texas American Planning Association
chapter recognition of downtown being a great neighborhood within within the
state and so we have the opportunity to build upon that but really we need to do
some update work we need to consolidate some of those existing plans to help us
with moving forward with our downtown area of our community the northern
portion of the community along I-35 both the east and west sides also where the
loop will come into play with the extension of it we're seeing a lot of
development interest in this area and so you know this one again rose to the top
in terms of our top five list but really because of the development pressures
that we're seeing within that area opportunities to really identify this as
a gateway so how best do we move forward with prioritizing this portion of our
community and then lastly this was one that came about really the Dallas Drive
quarter from I-35 to Eagle Drive we really see this as an opportunity where
we could really establish in a new vision for this quarter we've got some
underperforming properties that are in that area when we say underperforming
properties you know their second third fourth fifth generation businesses that
could potentially be there or just are reusing of space and what have you
there's opportunities for improving walkability this could also be a strong
quarter within our community so hence why it ranked in the top five that we have for
consideration so now I'd like to turn your attention really on to the next
steps so following our discussion this afternoon and receiving from council
what you believe to be the the top five areas and in terms of prioritization and
presuming council is interested in moving forward with us initiating the
preparation of plans in two of those areas and on the top two of your list
then we will move forward with initiating the preparation of those area
plans realistically and my apologies should have pointed this out previously
from a staff level we can we can take on two of these simultaneously the two area
plans they're not going to be dependent upon each other we believe we can do
them simultaneously one may work at a faster schedule than area than the other
depending upon how the scope of services plays out for each of the project areas
additionally there's budget considerations associated with that as
well given the the areas that are involved you know we anticipate that
these plans will cost us somewhere in the neighborhood of 200 to 250,000 if
there's one thing that's that drives up cuts on these projects is really the the
process that it goes through it's essential that we have a strong public
engagement process associated with this if we were to compare Northeast Denton
and Southeast Denton two completely different areas of town right two
completely different sets of issues when when you're comparing those two areas
Northeast Denton you know we're looking at an area of 7,000 plus acres an area a
lot of undeveloped properties a lot of residents that are interested in the
future of that area infrastructure considerations that's all different
compared to Southeast Denton which is a much smaller area but we have many more
parcels we have many more residents and property owners within that area we're
dealing with issues that stem over generations of time in past actions that
have come into play that still influence discussions that we have today so two
completely different set of issues so it's but yet because of the complexity
of the of their their issues the process that's going to be in necessary from a
public engagement standpoint hence why they're going to potentially have a
similar price tag associated with it the other thing I'll point out in and we
believe in having the opportunity to talk with Christine Taylor our
assistant city manager and former director of procurement talked about
what is the best process that we use for identifying the right partner as we work
on these projects because we know we're going to need consultant assistants I've
got great talent on my team they will be involved in this effort but given all of
the other activity that we have happening we need the extension of staff
and that's through the consultant assistants so it's really imperative that
we have the right consultant that partners with us on each of these
projects the consultant that we use in one area of town may not necessarily be
the same consultant that we use in another area of town we want to make
sure that we partner with the right consultant depending upon whatever areas
that we land on following our conversation today with you giving us a
direction on those areas you want us to focus on so from a timeline perspective
you know we can go ahead and initiate doing work on whichever areas that we
land on if Council is interested in moving forward right now then we'll bring
back a budget amendment in May to be able to move forward with going through
the process of selecting a consultant ideally we would try to get these
projects kicked off kicked off by September October of this calendar year
if this is something that council wants to move forward with we've put together
what we believe it to be a reasonable but somewhat aggressive schedule I'll be
able to get a consultant under board or underway I should say for these projects
if council would rather as have take a pause and wait and go through the fiscal
year 2023 adoption process happy to do that some of this work we can start
working on but we want to make sure we've got some assurances through the
budget process before we invest a lot of staff time on this so hence why you've
got two calendars shown there the the middle column again is is the immediate
aggressive let's move forward now the far right column is the one takes into
consideration waiting as we go through the budget adoption process for fiscal
year 2023 so with that what I'd like to do is is move forward into engaging in
that conversation about what council believes that we should be ranking the
areas I know Ron had given you a handout which is comparable to this slide that
we have here mayor I don't know if you just want to go around the room and
figure out what folks interest lie or if there needs to be any discussion we're
happy answer any questions thank you very much and so yeah it's it's really
when do you want to move and rankings and we'll just go around council member
Davis yeah I have kind of some preliminary questions I think they're
going to inform your choices sure and the first thing I want to preface this
with is I'm all in favor small area plans I think they're an excellent tool
I think I'm glad they're a council priority I think the way that we
address some of these pressures that you're talking about so I don't want to
sound like I'm pushing back on the idea of small area plans but I have a couple
kind of process questions the first one is I think I'm pretty comfortable at the
P&Z ranking and the staff ranking can you address on a more specific level how
we handle large swaths of property that are not within the city limits and that
we could kind of sketch out a regional plan for and how we communicate to the
stakeholders you know one stakeholder holder over here is a city of Denton
resident and taxpayer and property owner stakeholder over here is a neighbor and
someone whose interest we need to kind of look out for but does not have maybe
the same stake as a taxpayer and then two stakeholders who are not city of
Denton residents communicating to them that we have no control whatsoever over
how the pasture land next to them develops or how the street that's in
county control gets yeah it's widened or something like that so that would all be
communicated through the area plan process so one of the things that we
would have so let's talk about much of what you're describing is Northeast
Denton if we were to move forward with an area plan on Northeast Denton as
part of the scope of work that we would have with the consultant team we would
lay out you know these are some of the challenges and issues that we have to
work through and so as we work through public engagement efforts and we
identify feedback that we're receiving many consultant teams will use an
engagement tool that allows us to identify where our participants are
coming from in and what we're hearing from those participants so that we can
then communicate that back and forth to the planning and zoning Commission and
Council so then it becomes up to you as the elected officials for the area
to determine where you want to place the weight of the feedback that you're
receiving and how that formulates any recommendations moving forward but also
with that you know we would also communicate to the residents through our
engagement efforts of you know folks that do not live within the city here
the limitations that the city has when development happens in that area so
there's an education component associated with it as well but we would
build all of that into the scope of services associated with that particular
project area if we were to move forward with Northeast Dunton other than time
and workflow capacity what do it does a consultant do that we cannot do in-house
and I don't mean you have an excellent team but they're under a lot of pressure
and they have a lot of other projects and there's always growing by leaps and
bounds what is it that consultant brings to the table that a staff planner let's
say a tip-top $250,000 a year $500,000 a year kind of professional could not do
in-house so several things that they would provide to us so they bring that
additional technical analysis for an area they bring an additional level of
expertise in working with other communities and successes that they've
seen in those communities and whether or not those would be applicable to Denton
and something to learn from when you're doing plans of this nature there's the
writing aspect associated with it there's the development of all the maps
and the graphics associated with it so they bring that additional skill level
to be able to bring forth and prepare all of those documents and maps that are
part of that also one of the significant things that they help us with is the
public engagement aspect associated with it when we have one single zoning case
of significance where we get a lot of public feedback that consumes a lot of
my staff time just on that one particular project a project of this
nature especially if we're looking at an area that say that 7,000 acres and in
larger with the number of property owners involved or Southeast Denton
given the number of property owners involved even though that's a smaller
area helping manage the public engagement process that's where the
consultant team can be extremely effective in that area they are also able
to allow us to employ a variety of different engagement techniques that
they've used on other projects that have been successful for for similar type
projects so they bring an additional wealth of manpower to the project for us
but also some additional technical level of expertise so hopefully that addresses
your question it does and it doesn't I mean my concern is this I want to kind
of place small air plant plans in the hierarchy of of the the tools that we
use I mean they do not have the force of law they're not a zoning ordinance they
are not a they're not even a comp plan their vision their go-buy their tool
for stakeholders you know when somebody wants to rezone something the
stakeholders can come in to us and say well that's not in the small area plan
that's not what we all got together and agreed is best for this area but I have
doubts about the bang for our buck that if what we're getting is a vision and a
plan and a go-buy is that and it's not having the force of law is it in its
hierarchy of placement on all of those different documents and things we
consider in a zoning case or in the different decisions we make is it worth
$250,000 a pop I mean if we're gonna do two of these if we're talking about a
$500,000 budget amendment I think the last time we looked at council
priorities a million dollars was a penny on the tax rate so we're talking about a
project that is a quarter penny on the tax rate I'm not seeing why we don't
spend that half million dollars building that team you're talking about if we're
if we're gonna do ten of these if we're gonna be doing this for two a year for
five years why not build an in-house team of community engagement all the
graphics you can handle I just don't know if we get a quarter million
dollars worth of use out of a small area plan for as much utility as they have so
if if if a senior level planner or principal lever level planner makes
roughly a hundred thousand dollars a year and then you add the benefits
associated with that that might get me one and a half to two planners right to
be able to do this whereas if I bring a consultant team on board I get the
entire team so I get experts not only in land use planning I get experts in
branding transportation infrastructure needs within that area in addition to
some of the other expertise in terms of the graphics and document preparation so
I have them for a limited amount of time and then I don't have to continue paying
them a salary and benefits beyond that so I realized that $250,000 is a large
price tag when we're talking about a planning area document that allows us to
put a vision a refined vision in place but allows us to be able to do that more
in-depth analysis and gives me that team of individuals where I may have ten
people working on that project behind the scenes compared to one and a half to
two staff planners being able to try and do all of the work of ten people also
the consultant team allows me to accomplish this in a shorter amount of
time compared to if I only have one and a half to two people working on this
project so when when we're comparing you know the potential for building a team
internally versus what a consultant team can bring to me then I get a bigger bang
for the buck for a shorter period of time to get the product from the
consultant team the other thing I'll add is you're talking about in terms of
where the ranking of priority on the area plans and how that influences future
decisions an area plan is a refined comprehensive plan for the area right so
it the area plan would essentially amend the comprehensive plan for that area so
it gives us a more refined vision for the area it gives us a more refined set
of actions for moving forward it also may further prioritize those actions and
next steps that we need to take so it is it is still a policy document it is not
an ordinance but it does give us that refined vision for moving area that
we've talked about in the past I want to push back just a little bit more sure
and I'm really not disparaging these consultants that do good work but in a
city our size these this planning activities small area plans this is
something we are going to be doing I mean if we have ten plans we're gonna do
it for five years right but this level of planning and this kind of work I mean
you're gonna be coming in front of us in the next couple of years need more
planners as it is I mean just to get the job done so and you can buy data you can
pay engineers you can pay engineers for a specific little bit of analysis do
some engineering in this part of town for this scope that we're looking at
right now I think there's more utility to the city to have a bigger department
that is a few more folks who are focused on Denton needs and and go they do the
legwork they do the research they do the planning activities and then we pay the
consultants for just a little piece that we need we can be our own contractor we
don't need a branding house to put together a public engagement outreach
thing we know the folks in Northeast Denton they've already told us who they
are we know how to find them we know the folks in Sedna we don't need a
consultant to brand us a thing and at the end of the day we get the same plan
we would have had to begin with we paid two hundred fifty thousand dollars for it
but it has a cool logo and has some maps that we probably could either done
without or made ourselves I'm sounding a little bit I don't mean to sound
facetious but I'm just not seeing how our bright people and maybe some more
bright people in your department can't give us the same work product or
something that's even better fit for Denton than a consulting firm council
member thank you and I don't know that I disagree in some elements of that that
that we could build a bigger team I will tell you it's not uncommon or it's very
or it is uncommon for for even large cities to have that experience on their
on their staff not to say that we can't evaluate this and look and see what the
strategy might look like keep in mind today we're really just looking at what
those areas are trying to focus on how we pare this down and then when we get
to the areas and I'll just use you know that the two north corridors that we're
talking about it's thousands of acres and likely we're going to pair that down
again when we start looking at scope and really what we want to do staff hasn't
had an opportunity really other than just to talk about the general areas
listening to what council had to say for us to focus on what we're going to have
to do and and truly trying to be realistic and say that it is 200 250
thousand it may be that we could do this for less on some of these areas and we
will certainly get some some duality out of you know when we talk about sudden
we talk about downtown and where we have some of that overlap rather than having
these larger areas that that just have so many different constraints of whether
it's in the city in the ATJ so I think we're a little bit premature with how we
get there so we can evaluate those we hear that and think about staff I will
tell you we have as of maybe in another week or two weeks we will be fully
staffed for the first time in the five years that I've been here it is a
challenge to find planning staff in particular with with changes in
legislative law it is it has just made it a very tough market out there so for
us to recruit the talent certainly if we offer a quarter million dollars we can
get as many heads as we want but being realistic it would be very hard to get
that that that expertise in the particular areas that we would need it
but we can certainly evaluate whether there's a balance between hiring some
consultants to do part of the work augmenting the staff that we have in
place today with a greater focus on some of that long-range planning and and
building that team so I certainly don't want to say that we wouldn't but I think
we can I just think we need to really focus on where we want to go as far as
the areas and then we can start getting into the strategy and how we need to
fund it and where that's going to come from or who's going to do it I understand
I bring this up because we had a slide that said next steps and that the next
thing to come before us was once we decided these priorities the next thing
to come before us was going to be potentially a budget amendment and I
don't want to have this conversation on the in the context of a budget amendment
where you know I'm the guy one of seven saying well I don't like this this item
at all we really should have thought about this differently months ago I want
to put a pin in it now and say I think that we can be our own contractor I
don't want to pay $250,000 for a cool logo and a survey app on a website I'm
being a little facetious now on purpose but that is exactly how it appears to a
lot of our citizens that the bang for the buck what we get for these
consultancies on these projects oh kicker gateway plan fantastic engagement
community a good final product what is it doing for us today not a whole heck
of a lot other than we had a big long conversation and we pay the consultants
some good money to have that conversation I don't want us to go down
that route again I would much rather zero in on exactly what we need figure
out exactly who we need to be paying outside and get some as much top-notch
talent on the city payroll as we can because we're gonna be doing this for
years and years and years that makes good sense and I guess just if I can add
one more piece to that is just that for us we have to recognize whether the
immediacy of this do we want to start tackling this this fiscal year and that
was the purpose and whether we needed a budget amendment and how many
area plans because we've had this conversation we've paired 10 down to 5
and really looking at 1 to 2 and then what does that timing look like the
reality is by the time we went through RFP and everything else we probably be
in the next budget year but we weren't going to make the determination of
whether or not we were going to act on something immediately or if we were
looking at October so that that's the purpose in whether we needed a to modify
the budget or amendment and I would just say I think we can always share with
council sort of a looking at both sides of it what it would take to have a team
and it will be a team of employees to do this kind of work having experience
working in other cities it's usually a team of employees that do smaller plans
or area plans which has someone with expertise in transportation someone has
expertise in public engagement and setting meetings and getting those
meetings agendas posted and everything someone who's an extensive planner who
has worked in other cities and has seen the different size of cities and areas
and plans that are developed so you're looking at probably at least three
full-time people that would do that kind of a job coming from a if you were go
in for consulting I mean honestly we would need to just make sure we are
being very honest about what that would cost from a city employee perspective
but we if that's the desire of council it's probably going to be more than
two hundred and fifty thousand but it may be as you say a one-time cost we'll
have to look at where we house them and all the other things but we can provide
that information well and if I can also add to this conversation so one of the
reasons why staff is recommending the use of consultants is so and I'm going
to use Southeast Denton as an excellent area of town so I had an opportunity to
be further enlightened as I attended a conference here recently and this drove
this point home numerous times Southeast Denton comes with a lot of challenges
associated with it we're talking about generations of challenges associated with
it if we want to be successful and influential in that particular area of
our community we need to make sure that we have the right folks that are helping
us in that effort I've got wonderful people on my team but we are not trained
in some of the challenges and issues that we will be facing in that part of
the community in order to be able to move forward and I'm being fully
transparent with you on this as I always am you know me I'm never a loss for words
many times so but but this is why if it's important to this community to
establish vision in place and have a story to tell and how we want these
areas of our community to be able to flourish over the longer term time it's
important that we partner with the right folks the ability for me to be able to
assemble a team of right planners to be able to deal with some of the challenges
and issues that we will have in Southeast Denton is going to be very
difficult compared to me trying to find the right consultant team to partner
with if we're going to invest within our community and invest in an area plan in
my opinion we put that investment in Southeast Denton so that we have a clear
vision moving forward of what we want this area of our community to be that's
based upon extensive community engagement and feedback associated with
it so that we're not guessing as to what we think the vision needs to be but that
we have a truly robust public engagement effort where they are at the table and
helping us being able to identify that but we will be having to work through
issues that have stemmed in this community for generations moving forward
I would rather have a qualified consultant team helping in that effort
and then if I was going to do something in-house then I would focus then on the
North Denton corridor along I-35 I honestly think that area would cost less
money I think there's some things that we could put in place and to try and be
able to address in-house but when it comes to establishing a vision for a
community having a story to tell identifying where we have future public
investments within those areas of the community this is where these area plans
become essential and being able to help us move forward we will have more
opportunity to influence what happens in Southeast Denton compared to what
happens in Northeast Denton as a result of at least all of the land within
Southeast Denton is within the city limits compared to what we're dealing
with in Northeast Denton where I have a lot of land in the ETJ and one other
piece that I might add to that as far as the point that they're they're not
useful documents truly they can be the document to create an overlay district
so it can have a purpose and should have a purpose it will be that document that
should help to again looking at amendment to the comprehensive plan and
then if we have to create other design standards within the development code so
there there are more it's multi-pronged it's just a deeper dive into what our
comp plan steps were thank you okay you have a rank before I move on yeah I'm
fine with the PNZ ranking thank you counselor Burke thank you all for your
hard work I'm just so excited about this part I've been wanting to work with the
members of the Southeast Denton neighborhood that is at the absolute core
of the city and we I'm looking forward to it being strengthened along with the
downtown area I know that the city of Denton has a wonderful brand it's so
much so that folks want to live here and there's some things that we have to to
do to make sure that they're comfortable when they get here so with that being
said I'm also just looking forward to some of these food desert issues being
addressed there I'm just I'm excited I do hope that we in I don't know if this
is possible or not but I like to see that Southeast Denton area be expanded
over to loop 288 we have a lot of properties between Woodrow and 288 along
Spencer Road and back on up to McKinney Street that is still out there that
needs to be developed appropriately to connect with Southeast Denton so
speaking of Southeast Denton of course I would definitely want them to be number
one on this list and the downtown area and connecting thank you for bringing
that forward that we might be able to connect those two areas especially going
up around Sycamore Street industrial all of that I'm looking forward to that
growth through there the third one would definitely be the Dallas Drive Corridor
we have so many people that are coming up from the southern part coming up from
Dallas and just driving in on Dallas Drive I think we can do a much better
job with how we present that area there's and the other one would be the
288 Sherman Drive area I appreciate all of the vibrancy of that community they
speak with us all the time they show up and they show out but I think that they
would go next there in the last one would be the north 35 North Highway 77
focus it because it's so still growing and so brand new out that way I think we
can give it a little bit more time so that would be my ranking okay so just to
make sure I got your rankings correctly so Southeast Denton was number one the
downtown master plan or the downtown area number two number three was the
Dallas Drive Corridor yes number four was the Northeast end and then number
five was the the I-35 loop 77 Northwest what we're calling the Northwest
Quadrant yes thank you thank you yeah this is really kind of
torturous because these are really good ideas and actually you know I'd like to
have them all as soon as possible that my concern is that time is absolutely not
on our side in particular in relationship to the Northeast and
Southeast where you know in the time that it would take to get to you know
other small area plans if they were to come first there there are natural
resources in the case of one and and cultural resources in the case of the
other that are at risk of really disappearing and all you know just
having the these the fundamental character of these areas change before
you have a chance to to work on it so given that we have the capacity the work
capacity to do too I think this is a very appropriate use of consulting
because you can move fast and so if there is a way to do two together it
would be I agree with the sequence of the PNZ gave us but I would do those two
this year and also in part because you know we have a historical debt in
Southeast end must not always be last I think it's time that's at these then be
first counselor monitor let's see okay so then thank you to staff and to my
colleagues for your interesting and important ideas let's see so first I'll
say kind of from a broader perspective you know I appreciate and understand
councilmember Davis's concerns about you know this question of consultants versus
in-house staff as I do appreciate and understand you know staff's response to
it I feel that you know Mayor Pro Tem Melzer encapsulated you know my feeling
on this issue and and I'm reluctant to put my motives in your mouth but
definitely we arrive at the same place and that is you know I would ideally
like to see a some I would ideally like to see us have in-house staff who whose
job it is to deal precisely with these kind of community planning issues that
is he would be kind of at the day-to-day level less you know spending less time
with developers more time with members of the community although there would be
some of both this is a little bit like what in fact I think a lot like what
what Randy Hunt is has written to us about and written at least one maybe two
op-eds in the paper about this idea of a community services department that would
deal with these kind of issues so I do think there's a great need for that
however because as Mayor Pro Tem Melzer said time is of the essence particularly
with Southeast Denton and this the Northeast area I agree that these two
these are there they're my top two as well I also like Councilmember Byrd and
what I think I heard from Mayor Pro Tem Melzer you know I would put Southeast
Denton first and then loop 288 and Sherman Drive because of that that
historical debt and what is owed to Southeast Denton however I'm I'm really
pleased to know that these could be worked on simultaneously and that that's
the plan so that difference between one and two it sounds like won't end up
making all that much of a difference but if you know forced to to rank then not
then I would say yes Southeast Denton first loop 288 and Sherman Drive
Northeast second but very very pleased that they can both be done
simultaneously because they're both really essential and time is of the
essence because time is of the essence and I think it's important that we get
moving now I think that you know unfortunately if we're don't have this
in-house expertise to do this then it looks like to make the best use of time
that we should have have a out-of-house out-of-house help on this however for
these these two top parties you know however I can't underscore enough just
how strongly I agree with you know Councilmember Davis is saying about you
know how good it would be to have this expertise in-house and the feeling in
the public which really resonates strongly with me that that we should be
having people in Denton people who are already in Denton helping us with these
issues and in who are more likely to know about the the issues in Denton so
again I think this is city manager Hensley mentioned you know it would be a
question of kind of if there is consensus on council to have to hire
these in-house staff where would they be housed I you know I'm open to just about
anything but I but I think this idea of community services department would and
maybe not even a department maybe a community services division of another
department but is really something that's needed I feel like it's kind of
crystallizing in that so anyway as I also want to say that agreeing with
Scott's you know comment that you know even though small area plans are not law
they don't have legislative authority they can't they can lead to that they
create a framework that can lead to overlays and don't including zoning in
zoning changes of which overlays is one that really do have teeth so I do think
that they're crucial importance and I do connect them with these kind of real
changes although I agree with what you know your your kind of comments about
the Oak Street area you know and the consultants and all the people who
worked hard on that and you know it's not clear entirely you know exactly what
came of that or maybe that has yet to come but so anyway as for the last three
you know I'm curious to know you know if if the top two are going to be the ones
that would be prioritized and that would take a while you know how important is
it to have because I can give you right now I have the last three all as they're
all number three and I would have a number of questions about would this
involve this would this involve this that would help me decide how to rank
them three four and five I don't want to waste you know y'all's time on this if
the important thing is just to get my top two but if it's if it's important to
get my you know to hear how I would prioritize the next three I would have
to ask some questions first if I might just I heard a couple of things and I
just want to get some clarity councilmember armature you you said
similar to councilmember bird and to mayor pro tem Meltzer and they did not
rank the same way okay that's a lot I wasn't sure about how mayor pro tem
ranked ranked them but that I agree with councilmember Berg that I clearly heard
she ranked she ranked Southeast Denton as number one yes the downtown master
plan is number two it's the number one that I agree with her on okay and then
number two you changed yeah number two is 288 and Sherman Drive okay and then
number three and then number three for right now my the downtown the I-35 and
77 and the Dallas Drive Eagle are all tied for number three and to break the
tie I would have to ask a number of questions which I can but I don't know
how important it is for you to get just a valid a valid number three would be
ideal because we don't have everybody voting for one two and three yeah that
makes sense so I just need a third yeah um so you know for the third gosh I mean
I okay so for the third then I'll just ask this one question so the I-35 North
and 77 is this is what the staff considered this to be more time
sensitive than a downtown master plan update or Dallas Drive in Eagle Drive
or is that a call you'd rather not make no I would I would not put I would put
downtown I would treat the downtown as a hub and and and all the spokes go from
the hub and I think the importance on downtown redevelopment infill
development and how that translates and relates to Southeast Denton in
particular and then 77 and all the all the directions we're going to go no I
wouldn't see I-35 is that then that's been that focal point because it's one
of our gateways but we have many gateways that we should be focusing on
whether that's an area plan or just some strategies okay yeah so and so that
makes sense to me that was I because that answers you kind of I think so
where I was going with that that so that settles for me that my number three
would be the downtown master plan update so in other words you know my rankings
for the top three are the same as P&Z except one and two are switched and but
they're both extremely important if I could have a tie for number one they'd
be tied for number one for me and I'm glad they're simultaneous thank you
thank you that's where thank you yeah question so um there's been you know
kind of some vague conversations about transit oriented development around the
DDTC is that you know part of what we're talking about when we say
infrastructure and mobility challenges around downtown yes it can be so if we
were working on downtown area plan updates and consolidating those then
transit oriented element would be part of that conversation the proximity of
the rail station it's essential that it's part of that conversation okay and
councilmember bird brought up the issue of food deserts is an SAP an effective
tool to address that issue so it can be and one of the things that is not
uncommon that's done as part of an area plan is to have a market analysis
component associated with it so if that particular area of the community is
having difficulty with certain businesses locating within that area then a market
analysis will help us in identifying that effort so that that's one of the
additional components that's part of the consultant team that gets brought to the
to the table is the ability to do the market analysis for that area to
determine where the buying power is and how does that attract certain businesses
okay great and my last question before I provide some direction so I've I've kind
of you know I like to ring the bell about freight rail connectivity every
chance I get and there's you know a little piece of the Kansas City
southern line that's included in the proposed boundary map for the I-35 north
and loop 288 area you know would freight rail connectivity and opportunities be
part of this conversation or are there maybe other tools that would be more
appropriate for like an industrial shape it shaping the direction that that
industrial development takes yes and yes so with respect to the area plan
conversation especially in the northwest part of town with the rail access that's
available there as we evaluate transportation opportunities just not you
know pedestrians bicyclists and in vehicles but there but also the freight
component associated with it so if if improvements are being done or the
frequency of trains and in the type of commerce that's being those traversing
those rail quarters is significantly going to influence that area then yes
it needs to be part of that conversation it you know if we are interested in
having a larger transportation conversation throughout the community
then that's the to me the second part of your your question there then it could
be evaluated as part of that but but I would see it more of relation in relation
to the area plan you know right now that part of town on our Denton 2040 future
land use map we've identified that area as being industrial in nature and there
were birds yeah but as part of that area plan you know we've identified that area
is industrial land uses and so the the rail quarters there could influence
which businesses decide to to locate along through that area and in the
interest of not getting them confused I was just having a conversation with
someone last week about the frequency of trains that are along the rail quarter
and BNSF I believe is in that area as well and one of them is looking at plans
for greater expansion of moving freight along through that area compared to the
other one so it's it's all of that goes into that conversation and that's where
we bring the transportation experts to the table to be able to assist us in
having that conversation and their connections that they may have at KCS
and in BNSF okay yeah I guess if you know a northwest SAP would include
enough of that Kansas City southern line to really have an impact on freight rail
connectivity then I'm I'm good with having that at number four but if I
don't know I mean if we need to maybe expand those boundaries or expand the
boundaries of West Park to have an impact on that I mean I don't I just I
don't know what the best and I'll be honest with you we haven't looked at it
to that level of detail yeah we looked at general areas you know we had a
conversation gosh back in September about possibly doing an area plan for
just that general area I think the original boundary we drew ended up being
like over 6,000 acres so we tried to pair it back yeah to see where the most
influence would be you know to me those kind of conversations about what lands
we include within here that's when we start that that's after we get past the
step of okay which area plans have we decided to do and we funded and then we
get into the internally having discussion about what properties do we
believe need to be included within the area so you're a little further down in
the process on how we would go about identifying what properties we include
what we don't and and how does that influence and target certain areas so so
I'm gonna draw you back a little higher yeah I'm just trying to make sure that
my personal like pet issues are being included in this conversation well and
I might also add there are some other conversations that are occurring with
rail and light rail that that are separate and apart from this and I know
specifically that the Kansas City Alliance for they're looking at bringing
passenger rail yeah is gonna be funding a feasibility study for doing passenger
rail so some of that will occur with or without an area plan in the area so
we'll be we'll be looking at all of those okay okay so so for for my
direction I agree with several of my colleagues that I would like to see
Southeast Denton as a number one priority I also think that you know be
because I really want to prioritize transit oriented development and I mean
in the I know that these are just sort of preliminary ideas but you know that
the yellow dotted lines that you gave us the DDTC is included in both the
downtown area and the southeast end area and I think that it it we might want to
explore yeah using the same consultant for both of those area plans having them
be performed in conjunction so that we can have the the dense multi use mixed
use development that we want to see around the DDTC but also be sensitive to
the needs of Southeast Denton and having that that development be compatible with
the much lower density residential area that's you know immediately abutting the
area that we would be probably doing that transit oriented development so that
would be kind of number one and two and I would love to see them linked maybe
this is like too high in the sky but I wonder if I could have my top two like
expanded to a top three because you know I want to see that Southeast Denton
downtown master plan in conjunction but loop 288 and Sherman Drive is is a real
close third that's also another one where time is of the essence and I'm
complete I would be comfortable with hiring a consultant to do with those
three this year and then once we get into you know I already said number my
number four is the northwest area my number five would be the Dallas Drive
area you know if we if we need to push this back a little bit more utilize more
in-house resources so that we're not relying quite as heavily on consultants
for those projects I would be comfortable with that but on that my top
three Southeast Denton downtown master plan and 288 and Sherman Drive I would
love to see us moving fast on those three and utilizing consultants to allow
us to move fast on those three did I have other direction no that's it that
was it okay so I got Southeast Denton is number one downtown number two
Northeast Denton is number three the northwest quadrant I-35 as number four
and then Dallas Drive is number five and then moving forward with utilizing
consultants at least on the top three yeah I do want to mention I know that
I've talked to every councilmember about the need to really look at the economic
vitality of our downtown area what I'll do is get with the staff and see if
there's a way to do the downtown plan in addition to looking at that economic
vitality piece that ties in Quaker Town Park also looks at Southeast Denton you
know walkability you know that kind of thing and also from a looking at it as a
kind of an economic impact analysis so I'll get with them and we'll get back
with you to time to see how we tie that in thank you mr. mayor I think we've had
a I'll try to just briefly touch on my concurrence with a couple points as I'm
so I'm going last or next to last of all all of us and and and I think that you
know just for to go straight to the punchline I'm good with the P&Z rankings
I actually really take councillor Davis's point and the council armature
mentioned is that that you know we've we've got a lot of these but as mayor
Pro Tem said speed and land pressures are ridiculous right now and we have the
two different kinds of infill cultural pressures in Southeast Denton and then
the long history of that and then the Northeast we had what two three major
developments that we've really had to put our fingers on the scale enough that
then citizens took it upon themselves to say we're done with you guys we're going
to make our own small area plan because that's one of the avenues that you could
do and submit it to the city because it's not getting done and we you know
we've we've identified needs in these various corridors and there's historical
needs but I think if we're prioritizing speed because it's directly correlating
with land values and it is there's no argument there then the consultants give
us speed for whatever we pick for our top two so I'm for the consultants at
least for the first two if we can revise later down the pike and bring in house
some expertise I think that would be ideal but for the speed issue the top
two I also think there's a little bit of less demand for the for the the downtown
master plan and I mean I'm I'm following the P&Z rankings those those jive with
myself but and the northwest simply because we already have Terz's Terz's is
that a plural Terz I I don't know what it is but we already have Terz for those
regions and they already are focusing on these kinds of development issues
because we have recognized them in the past to be really really important
whereas the 288 and southeast are kind of lagging indicators of of our cultural
impacts and environmental impacts here in the city so I think those don't they
they should stay three and four in my opinion and and they already have those
kinds of priorities so so you know my general direction is one two three four
as presented I think we should go for speed because lands not getting any
cheaper if we have the opportunity to in house in the future I'd love that and I
really it really spoke to me a lot I don't know if Tina meant it this way but
it spoke to me a lot that the right sizing and and right communication
education outreach and training is is what I do for a living and getting that
piece really spot-on for whatever neighborhoods we choose is is really
really critical and and I think that really spoke to me in addition to the
needs of speed you know having that that connectivity with the stakeholders is
really really critical so I mean I wish I could triple down on a combination of
staff and the consultants making sure that this EOT piece is is like you know
honestly priority number one yes we have to prioritize the economics I understand
that's the whole point of an SAP but getting those fundamental
understandings into the the hearts and minds of the community and and actually
let's flip it getting the hearts and minds of the community into the economic
piece because this is their home and they need to be the drivers of this so I
if we could if we could really emphasize those components but you know I try to
make that quick as I could being along with a person is team and I will share
that together all right and and sorry I am not as I would like to basically just
see a plan from from staff on the FTEs and kind of your analysis of it long
term right I think that's important and then just to note kind of I see some
different components to that I see the a role kind of pardon me tasks that also
would be assigned to that that department if you will would be kind of
like the sign topper discussions around neighborhoods then community calendar
etc type events to capture which you rightfully so touched on some of the
cultural aspects of that and that's just going to take time right that's just
someone showing up and attending all those things and beginning to kind of
download that information but at the same time send out that information so
that people can be aware and then you talk about really this is a big one and
it's again right on target with what you touched on kind of an equity component
I'm beginning to get more understand that better it's it's not really from a
from a amenity standpoint that's where you see kind of that fracturing
potentially of the city it's like hey this park has that this neighborhood has
that so kind of that equity component looking at it from a smaller plan
looking at it from deficiencies and how do we bring it all kind of more
equitable I think that's that's a another noble goal that could be kind of
communicated throughout the organization if we had someone on staff that could
harvest that information and then something that may seem disconnected but
I think it connects and again I think you're you're spot-on with your analysis
and I've had some conversations with neighbors and it's really especially in
southeast Denton it's that senior component right I had a neighbor that
said I had called the designated line for XYZ and I didn't get through and then
I took your card and called the office number and got right through and got
patched over right and so I just think to your point there's some there's some
differences in culture and that sort of thing that that we need to be sensitive
to so that we can get that information we have that rapport we have the the
method which they best communicate and that helps us then guide decisions
whereas a consultant comes in and may not understand some of those nuances
again that's long term right I think it's a longer kind of phased approach
but and so I think it's that I think there is I bifurcated to say yeah
there's certain stuff we move forward with but then there's a budget look at
it to say hey if we're if we're committed to this here's how we can phase into it
and grow into bringing something in-house and then I so I was I was back
and forth on priority but just to Scott thank you very much for your point and I
think this is maybe there's a map in the future that captures that overlay but I
think you're exactly right when I went back and looked after you said it so
southeast Denton Dallas Drive and downtown cross a lot right it kind of in
the center there and so I think to economies of scale or whatever that
looks like you know as we're kind of rolling those things out I think we can
kind of so maybe there's a third or maybe there's a sixth map that kind of
says hey these intersect here and and that's a different look maybe and that's
again and I think that's appropriate maybe kind of a you're passing from this
part of town this part of town and we're in we make that kind of by design and
incorporate features to that or signage or whatever we do so I did change kind
of my approach based on conversations and kind of processing through it I do
lead with the get there that's not right so Kings Row area what is that what do
you have that is yet Luke 28 north and Sherman that that's first for sure
obviously with the neighborhood and we've already heard from them that
development is pending the ETJ components are going to take a lot of
time and I think it guides our decisions going forward as how we manage and
message to the ETJ I think that's an important messaging component so I like
that as as first obviously talked about it I'm biased but southeast didn't being
that one too that we go go ahead with I like that approach and then yeah taking
PNZ's it's interesting I thought I would have ranked I 35 North that Northwest
component earlier but I think there's there's one person to negotiate with by
and large right and the other side of the highway is doing what it's doing
already and so I thank you for your insight and my colleagues conversation
around that because that helped change the priority priority of that and in the
and I think the Dallas Drive quarter is just kind of a nice to have but but not
as pressing you know type thing I agree the traffic there is significant and
having that appealing but it's not as pressing as some of the others so so I
think that as PNZ has them outlined and then that's why but it was it did strike
me that I because I initially when I kind of made my notes I had that
Northwest component higher but but then talked myself out of it okay very good I
I think it's it's somewhat clear we have we have some some direction I will say
and based on the city manager's comments we're gonna put together a plan on how
it is that we may be able to tackle downtown Southeast Denton somewhat
together and really look at what that area is what that should look like and
then we would look at loop eight loop 288 Sherman Drive so the possibility of
doing all three that may cost the city you know this year wherever it is we we
we find those funds somewhere in the neighborhood of five hundred six hundred
thousand dollars and perhaps adding a staff person so we can maybe start to
manage some of that more long-range planning but we can have the speed and
efficiency to be able to start at least getting something going and then we'll
refine the scope of what that looks like as far as what we're doing with a
consultant but being realistic just saying what I'll be asking the city
manager's office for is is some funding as well as a staff person and trying to
tackle the top three that were identified because that there is overlap
and then just what we heard here today so I appreciate your your input and the
guidance that we've been given today and we'll come back we'll obviously be
moving on this somewhat rapidly and certainly be back we'll get with the
city manager's office immediately and then have something back to counsel in
the next couple of weeks I have one follow-up and then councilmember Davis
but I do want to make sure whatever we're doing here is not gonna hold up
those on the so I know there's some developments we said hey you have to
wait till the small area plan I just want to make sure that we're gonna with
this understanding that the north wheat no let me make sure I get that right yes
that that that northwest component is I thought there was a applicant or two that
said we had told him hey we're gonna wait on a small area plan there there
were some conversations but there's been no moratorium we're not holding any
thing up or any one up we're just we're gonna we're gonna proceed business as
usual okay great we will also though provide you with the analysis of what
it would be like for staffing purposes if we went all staff on it okay great
counselor Davis thank you Mary when this comes back there's been kind of this
assertion made that a consultant gets us there faster and we've all kind of bought
into that I'd like to see the I'd like to see that demonstrated because I agree
that time is of the essence and all these top priority areas that we're
talking about I'd like to see it demonstrated that a consultant gets us
there and and I'm willing to put a lot of trust and staff's expertise on that
but just intuitively I don't agree intuitively I think we get there faster
getting some top-level folks in your department and building that
neighborhood planning department and and getting rubber on the road that way
tell please tell me where I'm wrong and how I can and that can help me get on
board with this consultant idea the other piece is I definitively push back
against the notion that community engagement is important and it is
particular to each little area I do not agree that we cannot properly engage our
own citizens and our folks in ways that we understand more intuitively and more
generally generationally and relationally than any consultant I don't
think we need a special consultant to come in and tell us how to engage with
Southeast Denton or Northeast Denton or Dallas Drive it's a family conversation
we've been having it for generations and sometimes you need the family counselor
to come and tell you how to talk to each other and sometimes the family just has
to sit down and work some stuff out I think we have a much better opportunity
and properly engaging that then bring in a consultant who's got no idea really
what those generational challenges are they can make a lot of assumptions they
can read a lot of background materials and they will not have an intuitive feel
for what the real issues are in this town so that is my push back on
consultants absolutely and we'll bring back all the supporting information pro
and con just as to where we're at again it's that matter of efficiency truly
just the hiring process alone would be would be very challenging in this
environment just have to know that and I have to say that knowing what it's taken
to get staff and yeah I'll leave it at that well and also think I do want to
because this was I mean I did it did resonate with me when when you're
talking about I think it's goes beyond that I think to spin up someone that's
the right for me because I took your point but I think it's really how do you
process through that the right candidate for what that has the expertise on the
building side on the marketing side that's bilingual that has a diverse
background that that has a cultural asset or a cultural focus right so you
have like eight different things that are important at once in finding one
candidate that checks all those boxes expeditiously is hard versus you'll need
I think that's that's what I took from it is just the team you would need to
build up that kind of understands all those things because there's just some
you know just the the language barriers alone if what you know and I don't want
to steal from another staff department and say hey this person can translate
now I got to stop what they're doing and bring them over here to this community
meeting versus tell a consultant hey when you go to all these meetings you
need to have someone that does sign language someone that speaks multiple
languages someone that does and they go you know bring that whole package to the
meeting and and so I think there's just some some things that can be done all at
once around culture not to say that they understand didn't better I agree with
you I think that's that's critical that we get better about that ourselves but I
think there's there's a skill set there but I think it's a great point you raised
so and I think that we can build upon that truly if we start somewhere and we
start augmenting staff and we start building that and at least learning some
process and people challenge some of our more challenging ones up front might
make some easier we have as was pointed out if we have 10 area plans that we're
looking at if we have a consultant help us through two or three and we start
augmenting staff then they can ultimately learn process and methodology
and and again just capitalize upon that and build that long-range planning team
yeah it's good thank you mr. Mayor I'm going to point out two things one it's
it's all of our duties to help interface with the staff with our constituency and
and to their credit Scott and Tina have been with the city five and two years
so you know if there was never a time to rely on this body not that body I think
that's that's where it's on us to be frank thank you mr. mayor sure yeah okay
oh I can't see the question yeah counselor Burke listening to my fellow
council member here to my right I just in my head I'm thinking that we're
bringing in consultants to do a specific body of work and then those
consultants move on and I appreciate you know what you were saying but I just
want to be careful that we're bringing them in for something and then they go
on and consult other cities to do what they do that's what they do but I again
with the the amount of talking we just keep talking it out I can appreciate the
fact also that if we're going to be looking at a long term then this is a
time to start augmenting the the staff to go along with that to to think about a
long-term staff at some point we're going to stop growing I don't know how
long it's going to be 10 15 years a lot of ways you know you know but people are
going to be coming and going that's what my concern is is that we're we're
already losing staff you know there's a turnover rate here where they're going
somewhere else to make their mark so I don't want to get hung up on that
particular part where we're going to keep losing and getting in and slowing
things down I thought I just put that out there thank you thank you okay thank
you very much appreciate it it is just about 415 we'll take a 15 minute break
come back at 430 pick up the last few work sessions and then we have to hustle
to get to closed session after that be a break to 430 thanks and welcome back to
this meeting of the Denton City Council it is 427 we do are we're back and have
a quorum so we will call the next item I'll remind those staff that let me know
during the break those with masks you'll need to get closer to the mic there's
some trouble hearing you that someone reported that to them so just passing
that along takes us to our fifth work session item item e which is ID two to
four six nine receive report hold discussion give staff direction
regarding the proposal proposed street sign topper program for the city of
Denton good afternoon mayor and City Council members Cameron Robertson
historic preservation officer and principal planner for the city of Denton
oh my apologies so tonight or this afternoon's presentation is pretty
brief well staff will take you all through the background of the program
staffs proposed annual budget as well as a general overview of the design
standards so as you all know this is a result of a one-minute pitch from
councilmember bird in September 2021 we presented to City Council on February
1st and from that president presentation City Council gave us
direction regarding the primary funding source as well as providing a sign
allowance for eligible neighborhoods so the proposed annual budget will be
overseen by traffic and operations department this will allow a maximum of
10 neighborhoods per year with a maximum of 20 signs per neighborhood with the
opportunity to hold over extra signs with the operations team in case of
future theft or accident of those signs so the breakdown of the material and
labor costs as well as annual budget costs are shown the signs would be
fabricated by Centerline Supply Inc or another third party at approximately
$85 the brackets $20 themselves totaling in a hundred and five dollars for both
sign and bracket and then the labor equipment and equipment would be
approximately 25 the annual budget cost breakdown so if you're looking at 25
signs per neighborhood this would result in $2,650 without the cost of labor with
that additional three thousand seven hundred fifty once you incorporate all
the ten neighborhoods to cover that labor and cost so this would turn out to
be a total annual budget of thirty thousand and as stated as you can see on
this PowerPoint as well if the neighborhood requires and/or wants
additional signage above that maximum of 25 signs it will be paid for by the
neighborhood just to briefly cover the design standards again we have an
example here of our diagram examples the font size would range between two to
three inches and so that it could be completely visible from the street signs
will need to be reflective and assigned background and content must contrast the
graphics the city then will only allow one graphic per neighborhood and then
the background color provided would be dark gray dark red dark green dark blue
light brown dark brown and black and white so staff is looking for City
Council direction regarding the annual budget of 30,000 that maximum of 10
neighborhoods per year allowing them a maximum of 10 25 signs granted a year
per neighborhood and then if the neighborhood wishes to exceed that
maximum 25 signs allotted to them additional signs will be paid for by the
neighborhood and we can stand for any questions questions for staff
customer back thank you mr. mayor I like everything I heard my problem is the the
sort of 25 signs limit because that feels like it's not appropriate to the
neighborhood I'm gonna suggest an alternative direction to see if other
people like that and that is all collectors and larger and however many
that is for a given region and then if you if you want to have greater signed
density than collector you can apply to council or get community funding and
that way for certain neighborhoods that maybe can't come up with a community
funding but there's great will in our community that's a council choice if
there's a but if they have great will and and the ability to raise funds and
they can do they want to do the residential streets or you know then I
think then we can do that but I'm gonna recommend collector and hire simply
because I don't think we should make our name for the same reason we had in
prior discussions I think the majority of us didn't want to make our
neighborhoods necessarily paid for street signs that was the impression I
got I would love to hear everybody's opinion but I'm recommending not 25 but
collector and hire yeah my I had essentially the same question that 25
signs per neighborhood seems a little bit like one size fits all I might be
open to councilmember backs suggested of doing all collectors would it be
feasible with the way that this application process is going to be
structured to just say we will make a total of 250 signs this year if one
neighborhood needs 50 and the other needs 10 and you know like because
different neighborhoods are of different sizes and have different numbers of
streets that they might want to mark perhaps that would allow you know kind of
keep the budget the same but allow more flexibility for some neighborhoods to
have more and some neighborhoods to have less so regarding the budget they would
be able to staff didn't obviously go into that in the presentation but they
would be able to have up to a maximum of 25 so say if they only needed 15 then
they could just get the 15 maybe get five additional leftover and then they
could store at the operations department so they're not held to that 25 if they
don't need the 25 that's just if the neighborhood chooses okay to get that
maximum out can we then say okay if this neighborhood only wants 15 can the other
10 go into a bank that could be used by another neighborhood that maybe wants 35
I would direct that question I'm not sure
Daniel Kramer deputy director operations I don't see an issue with that we just
have to look at different ways where we could track it and put that in the way
we looked at this is setting up as the majority of the neighborhoods that we did
look at around the city were anywhere from you know 10 to 15 signs upwards of
2025 there wasn't too many that were over there probably are some that we
missed but it was just trying to make it consistent on just putting a budget
number together and where we're at so that is something we can look at it'll
just take a little bit more stuff on our side to be able to track that and keep
track of how many signs we have okay yeah I mean if there aren't any
neighborhoods that would want more than 25 then maybe that's it that's a moot
point but I just just a thought that I had okay anyone else
mayor pro tem thank you I think that's a perfectly reasonable way to arrive at a
budget but given that maybe I have a different view of this you know then
some others might or I view this as a thing the city is doing in collaboration
with the neighborhood that it's I really don't care about you know will you have
to pay for two more signs and or you didn't use less I don't see it as being
about that what I would suggest is okay that's the budget along the lines of a
councilmember McGuire said we can make 250 this year here's a neighborhood
that we want to focus on you can make a thoughtful recommendation to the
neighborhood maybe it's collectors or whatever here's you know our
recommendation to you that what would mark this space well and you obviously
will have dialogue maybe you know there'll be something you'll learn in the
dialogue and then you know kind of go from there go to the next one it's not
this idea that you know it's like kind of people waiting in line and you're
portioning out soup or something it's just not it to me you're more you know
it's no no different in my mind than the historic districts that we have you know
I never got asked once how many signs need to be in the historic district or
I never got asked to pay for anything that got stolen it's part of the city's
marking of space and you know thank goodness the neighbors are interested in
contributing their identity it was just wrong - yeah so I think Mayor Pro Tem
articulated it really well I agree you know I'm totally okay with the budget
and you know also the around 25 signs granted per year per neighborhood is for
me sounds like a really good figure for staff to have in mind and I think on the
public's end that it should just come forward each request is you know here's
you know what what did you the neighborhood have in mind you know you
might want to consider you know having all your collectors for instance or just
a kind of conversation that y'all know how to do that you don't know need you
know council to explain to you you know how to have organically with the
neighborhood just kind of keeping in mind that figure of yeah that's a mess
about how much we could do within this but set budget per year but not limiting
you know not not telling the the neighborhoods that they couldn't that
they can't have any more than that I'm guessing probably most and it sounds
like that fits with with your prediction to you that most will not request it'll
probably be rare if there never if anyone requests more than 25 signs okay
anyone else comes over
yeah I would agree with Councilman Beck on the idea of you know the collectors
as we probably move into those larger neighborhoods but we do have a lot of
little boutique type neighborhoods which is a few streets some neighborhoods may
have a just a need of eight to ten signs so we would definitely want to make sure
that all of those points were hit in those for sure smaller neighborhoods but
when you get out into the big GJ situation that we have you know maybe it
might be appropriate at that time so I think that we need to give ourselves
some flexibility there anyone else I think the idea here is this is a pilot
program we have some recommendations of what we're doing I certainly as Danny
said we probably will not exceed 25 but we'll work with those individual
neighborhoods to ask them where would you like to see the signs where would you
like to see the placements and and if we see that there's need for more signs you
know we'll come back if we need to and say we're seeing a need for more signs
we'll ask for assistance and go from there okay very good thank you thank you
very much I appreciate it all right concludes that item to get there takes
us to so if is ID two two seven zero four hold a discussion give staff
direction regarding board commission and committee appointee relationships
there is no formal presentation on this this item was placed on the agenda at
your request at the last meeting wait to hear from you excellent thank you very
much appreciate it just to start the conversation and then so the goal is to
give staff direction regarding how we want to manage relationships when it
comes to our council appointees specifically the going through the ethics
training recently it asked and we decided that we were going to work to
have a standard of avoid avoiding the appearance of impropriety and it came I
place this on the agenda looking forward trying to understand how we want to
address a policy it came to mind because of a vote on a P&Z member that was not
disclosed so there was a payment to a P&Z member on a Monday let's say we
voted on a Tuesday and there was only one council member that I think had that
information and the city manager has been good and staffs been good about
making sure we all have the same information all answers are provided at
the same time before a vote and had I known that I would have pulled the that
vote for discussion so that brings me to today's discussion and it's simply to
give staff direction I don't know what other options are out there it is
really for me my intent is carte blanche just the staff get direction to because
I think it's going to take more than an hour whatever the hourly limit is to
come back build something come back to us and make a suggestion I don't have a
suggestion don't have a ordinance I like I've purposefully not read anything to
make sure I am as unbiased as humanly possible so I put that before the
council just to say when it comes to disclosure making sure we all have the
same information we don't have a provision we have family member
protections if we pay them then that's an issue but we don't have an issue when
it comes to our boards and commissions so I make a suggestion and I'm gonna I'm
one looking for three others to say yes this the appearance of this could be
problematic obviously there's some in the public that have found it to be
problematic and I want to make sure as a body we adopt our goal of transparency
and make sure we stay above though just address those issues as they come up so
it's just a loophole that we need to in my opinion address so that's where we
are I'll take from others cancer amateur yeah so I would like to hear from a city
auditor who is overseas the ethics ordinance you know what your sense is
and I could tell you and I could ask it as a question and say here's how I
understand it am I correct but I think it would be better for everyone you know
to just hear it from you to what extent the our ethics ordinance as it stands
now does or doesn't cover such fiduciary relationships kind of both in in the
example you mentioned which I think I'm not sure exactly I understand that
example but I think I understand and just kind of generally and because I know
that it's clear that we have rules about if a council member or board member gets
six hundred dollars or more I've always thought it should be just a dollar you
know I don't know where you know wife how 599 is okay and 600 is a problem but
not so much that it goes the other way as far as fiduciary relationships go so
if you could just kind of just speak to that to give some background yes so the
ethics I'm sorry Madison Russia a city auditor I'm also the staff liaison to
the Board of Ethics so the ethics ordinance does prohibit a council member
from deliberating on a pending matter which is the which has its own
definition if they have a conflicting interest which includes a number of
things I think most potentially most relevant here is receipt of more than
six hundred dollars I think to your question it does not prohibit payment
if there's a if you've made payments of six hundred dollars or more does that
answer your question I can read the definition of pending matter you know
that yeah that does that that that meets with my end and that kind of brings me
back to you a conversation that was had way back in the day before I was on
council but when I was involved in attending his discussions about ethics
the ethics ordinance in there was were some who supported and I was one of them
as a member of the public and I'm having fiduciary relationships just more broadly
covered by this ethics ordinance you know doesn't matter if money's going one
way or both ways why not have it either way you know that is I'm not sure you
know if that is off posting to discuss that because I think it I feel like it
to to kind of pinpoint just one example where you've got if as I think I
understand you mayor so are you saying there was so if a situation where a
council member appoints a nominate or council votes on a board or committee
appointment where that person or that appointee has a fiduciary relationship
with a council member but that's not that's not disclosed or did that there's
a fiduciary relationship come after I was a little unclear on kind of the
timeline of that or how much that the timeline even makes a difference no I
don't think the timeline makes a difference I think just a disclosure
right so I think it's either before or after right you know either way just the
disclosure of that that financial relationship so and thank you so again I
don't know if this is off posting or not but I mean I think that this just speaks
to why our ethics ordinance really needs a in my opinion a instead of kind of
improving it by picking it apart piecemeal repeal and replace with a
standard you know one of these template ethics ordinances that already has in
there that already addresses fiduciary interests more broadly otherwise every
time a little issue comes up we're gonna put something in there and then there's
something out some other kind of fiduciary relationship is gonna pop up
we've got an orphan in ordinance it doesn't address fiduciary relationships
from both sides only from just one side okay
Councilman Davis yeah in a nutshell I mean I wonder if people are tuning in
and kind of wondering what in the world we're talking about the situation as I
understand it is that we have a member of the planning and zoning commission who
was appointed to that to that position by this council because that's how we do
those things typically appointments are most often by consent we all voted for
that persons that person to be appointed but it was unknown to almost all of the
council at the time that that person was at least a paid contractor had received
large sums of money to work on a council members political campaign it is not
uncommon at all for council members to nominate someone to a board who they
have personal relationships with or even there might be there they might be
political supporters they might have worked on their campaign they might have
worked knocked on doors for him it might have been their kindergarten teacher
that's how we find these folks to be on these boards to nominate is that we have
personal relationships with them or we know they have expertise in the
community or we know that they're engaged in the community the particular
person who is appointed to planning and zoning who I voted for I I've said
before I've said to them publicly publicly one-on-one I would vote for
them citizen again I supported their their appointment to PNC the thing that
surprised me that's different from what I just described is that they were a
paid political consultant that there was a not a little bit not just a dollar
there was a substantial financial relationship between that person in
councilmember Melzer and a lesser to lesser extent councilmember McGuire and
I was aware that that person had worked on councilmember McGuire's campaign I
don't think I was aware that they were paid if I if I was it didn't really hit
home and I didn't really process it and I certainly was not aware at the time
that we voted that that person was a paid contractor to the extent that he
was for councilmember Melzer I think it would be advantageous to us as a group
to have a rule that if you have any financial relationship with someone
who's being appointed to a city position that that has to be disclosed it could
go as far as recusal if we wanted it to I don't know that that's necessary like
I said we have personal relationships with lots of people in this community
not all of them rise to the level of a financial relationship but I think it
has to be disclosed it's one thing that it shows up on a campaign disclosure but
those happen at far intervals that you could go if you're not on the ballot
that year you can go many months without anybody having any idea what kind of
money a campaign spent so I think it's important that the disclosure is part of
our standing rules part of our ethics ordinance that any financial
relationship between us any city official and any appointee that we're
going to be putting on these boards is disclosed
may I pretend yeah I'm totally fine with that you know what we have are
situations where we're talking about people who are you know whose
relationships are disclosed according to what the rules currently are but I
would say let's not be selective if we're going to talk about a financial
relationship let's not have it only be this one narrow case that you might want
to talk about now but you have somebody well okay we have for instance a
transfer of funds from Jason Cole to Don Duff then Don Duff turns around and
appoints Jason to PNZ we had a transfer if I think it was $2,000 from former
Mayor Watts to former Mayor Watts from former Councilmember Joe Mulroy and then
former Mayor Watts appoints I mean you can do this all day the points former
councilmember Mulroy to Denton Housing Authority so I would just say don't be
selective I'm more than happy to go by a sort of universal rule that at the time
of appointments anything whether it's been previously disclosed or not it's
not that people have to go digging to find it it's like what are the
relationships where has the money moved I have no problem with that whatsoever
it was Councilor McGuire yeah I agree I think that you know I don't know if I
would go so far as recusal but I think that I think that pardon me
disclosures is perfectly reasonable you know in in the case of Commissioner
Villarreal's relationship with me that those financial reports were had already
been made public before I nominated him to PNZ so that that was public knowledge
that he worked on my campaign and that I paid him a little bit for his time but
but yeah I mean I thought you have an excellent point that you know given the
timing of committee nominations and the release of campaign finance reports that
there can be situations where something like that might fall through the cracks
and I think it's it's I think a disclosure form particularly if it's in
between financial reporting deadlines would be I would be comfortable with
that. Councilman Bet. Thank you Mr. Mayor I think you're you're not going to find
people on this council that are I hope you won't find people in this council
they're against you know really you know making sure that the public is aware of
what the relationships are I think that's ideal for the government that we
have here in Denton. I do think you know there's gonna have to be some nuance you
know if I if I you know appoint a car dealer and I bought a car for more than
six hundred dollars from him is you know are we gonna call that financial
relationship fiduciary relationship I think there's some gonna be some sort of
silly points that we'll run into that are different than you know some of the
arguments that we've heard about you know campaign finance donations and
things like that I will also caution the council to remember who has the power we
have the power in this relationship so the people that we are appointing are
advising us it is our votes that are you know so the directionality of power is
not from the commissioners or the Board and Commission to this direction that
is the direction of advice but the direction of power is is we have the
power all right so in terms of like ethical considerations I think you need
to be you know mindful of where is the directionality of the abuse of power but
you know if you want to if we want to have all those relationships over our
ethical standards whatever those are I think that would be wise I just think
that we need to be careful that it is it is you know evenly applied and and
designed to curtail behaviors that we want without chilling participation in
boards and commissions because you know you know you happen to buy a car from
someone or you bought a boat from someone or you know you whatever so I
think you know those sort of incidental fiduciary relationships we'll have to
carefully define you know if you're just going to set a dollar amount and I still
think most of those are completely inconsequential because the power
structure comes from us not the other way around. Okay Councilman Barrett and
then Councilmember Amateur. So then the question becomes you know ethically what
difference does it make when the public is aware if we're talking about
disclosure so we've disclosed there it is now what that's the part that I guess
we'll need to you know come to so what is the consequence of this type of
action also with me it resonates with the timing whether or not this person
was already on the seat and then they were you know chose to work with a
councilmember or whether or not the councilmember was here and chose to
utilize the service of this individual how is that all connected how are we
going to look at those things differently thanks. Councilmember Amateur.
Yeah so I think in my opinion we're getting too in the weeds on this to
focus on just the issue of board and committee appointees and then to kind of
pick it apart you know respectfully and to look at well what kind of fiduciary
relationships matter and which you know so hiring for a campaign versus buying
a car or a boat to use councilmember Beck's example it's important that we
remember that the whole purpose of an ethics ordinance is about public trust
and the appearance of public trust and I don't think it matters what we think
about who has the power in certain relationships it is to you know the idea
is to be as transparent as possible on any and all fiduciary relationships
which which I understand our current ethics ordinance doesn't require and
that's part of the problem I have with our current ethics ordinance and then to
let the public decide what they think about that it's it's really up to the
public I do think that it should be you know more than just disclosure you know
I think recusal and but it doesn't mean that a person can't get appointed to a
board or committee so I don't think it would have a chilling factor it just
means that a certain person you know on council who's got a fiduciary
relationship can't vote but I also you know I would I would be opposed to
putting in something in there adding yet another detail to our what I think is a
messy ethics ordinance that singles out this issue of board and commission so
for instance imagine you know a planning and a case of planning and zoning type
case that comes before council where say I have say there's an architect who I
pay to design something for my house and that architect is coming but you know
it's also a contractor I'm just making this up sorry it's also contractor and
is is you know coming before council for it with an SUP I think that that that
council member you know if that was me in that situation should recuse if that
again that the definite as you mentioned pending matter is defined and it pending
matter is very important here because it's not you know if this architect just
happened to work with someone there or if this architect came and spoke to
council and said I think it would be really great if you did this you know it
would have to be if that person I had a fiduciary relationship with has that
pending matter before council or is the pending matter on council which is what
we're talking about when we're talking about boarding committee appointments
that person that individual is the pending matter before council their name
so again I can't emphasize enough how we need to make it just about fiduciary
relationships across the board this would be about changing our the way we
define conflicts of interest I personally think the $600 mark is
arbitrary I think it should be anything or at least you know a lot lower than
not and and we need to have it broadly include it all pending matters and not
just be about boards and committees or we're gonna we meaning councils for a
perpetuity keep adding little bits and pieces on to this ethics ordinance it
gets messier and messier again we really need to just repeal and replace with
something much broader okay Councilor Davis councilmember armature I agree
with a lot of what you just had to say I don't agree with the full repeal and
replace you know I've worked a lot with the ethics code I think there's a lot
good to work with there the reason why I'm kind of focused on this one is it's
the one that is that has come up I agree it's generally not a good idea to just
kind of piecemeal but you know sit there and imagine all the different things that
could happen to write a broader rule that's generally better and I think what
we're seeing in this one is that it's kind of a question of degree you know if
I disclose that I bought a car from somebody or about Girl Scout cookies
from somebody's kid that's not a big deal that's I mean probably nobody on
the council is gonna blink at that I'm gonna make my disclosure and then my
appointee is gonna is gonna get appointed or that that person with a
doing a garage addition their house or whatever that I happen to buy Girl Scout
cookies from they're gonna get their project through and nobody's gonna
blink that the difference for this one for me that the thing that is different
about this is I disagree with you councilmember back on this question of
power an appointment to a City Board of Commission it's a volunteer position but
it is a thing of value in some cases those appointments or even property
rights that someone cannot be divested of without due process it is a thing of
value to be appointed to especially our quasi judicial boards and commissions so
I'm got to be I'm really really careful about this idea of the powers just flow
in one direction I disagree there is such a thing as giving out favors and
that is what I'm most concerned about that if someone renders good service then
they they get a favor they get a something they get a they get a cookie
they get a prize the difference for me in this situation is that my vote would
have been different with the disclosure it would not have been different with
the disclosure of Girl Scout cookies or buying a car or whatever de minimis
example my vote in this particular instance would have been different and
it was a material fact in my decision making as a council member still would a
hundred percent vote for that person as a person at this moment or if I'd known
at the proper time if it been properly disclosed I would not have voted that
for that person at that time so that's why I'm I'm focused mostly on this
particular issue even though I recognize that there's probably a broader
conversation to be had I appreciate that we do need to come into de minimis
considerations for ethics community otherwise we we are in the circumstance
of reporting Girl Scout cookies and other things and so I do think that that
is important but I also think it's really really important that we talk
about in these relationships again I don't think you're not hearing anyone
say don't report anything all right that's not what's happening on this
dais what you're hearing is is sort of the rationale and the order and the why
and what you're trying to accomplish what are the goals what are the ethics
goals that you're trying to accomplish and I and I I think one thing to
consider is for say this in this particular case and I don't want to
focus on this too much but that the planning and zoning is about land
development and code and the expertise of the Commissioner Villarreal is his is
is in this case campaign related and organizational related and so you know
at best the there's there's the there's no impact from having Commissioner
Villarreal adjudicate even if you talk about the quasi judicial relationships
of these things because he has no no bearing his his his financial status has
no bearing on those and other ethical ordinances would would kick in if we
were talking about his personal property or or anything else that would be
covered by a conflict of interest now again I'm saying that you know if you we
want to we can have a future discussion about you know what is the absolute
level of transparency that will not bog down everything to a halt while we like
deal with that I do think that we need to consider what we what goals we're
trying to establish and solve with particular ethics ordinances and what
what behaviors are we trying to encourage and discourage and I think
that's that's when I want to respond to councillor Davis on okay anyone else
counselor I'll just say real quick I was debating whether or not to say this but
I'll just throw this in there you know the Girl Scout cookies example you buy
Girl Scout cookies from a kid I know that a lot of parents you know do a lot
of the legwork I don't think that's cool I think it should be the kid doing but
you know I would say if that you know the kids gonna not gonna be coming up
from you but you know if I bought a lot of cookies from you directly from you
you know then I personally think that that could have a conflict of public
appearance of conflict including as far as gifts go to you know who's to say
that's not a gift and and I know that it has to do with the the value of the
monetary value of that gift and we have a clause in the ethics are not for
that but again I think it's just not our job to parcel out these little examples
and really to set to just draw the circle broadly not to make it up on our
own to see what other cities have done and their templates out there and just
to go with that and and then see what happens and let the Ethics Committee do
its job okay thank you yeah I just want to point out that the narrative that
councilmember Davis described of a thing of value being gained in an appointment
follows the examples that I raised of money going to council members and then
the person who gave the money getting the thing of value that's that's the
difference and I would say absolutely include those councilmember Davis I mean
kind of follow along I mean I agree to some extent with what councilmember Beck
was saying about you know the concern that we have the thing we're more
concerned about is the flow of power in one particular direction you know the
flow of money in one particular direction but if I'm the the managing
partner of a law firm and I am on the City Council and I appoint my secretary
and my partner and my so-and-so and all of these people whose livelihoods derived
from my operation everybody's gonna have a problem with that that's an issue you
you can't in one month in one word say or one sentence say what you're
describing is an issue and not recognize that having a paid contractor putting
them on a board without disclosure is not also an issue I think it's fair to
call it an issue I think it's fair to have disclosure and I don't think that
we we do ourselves much good to councilmember Armitage point getting
involved in questions of degrees say it should be disclosed should have been
disclosed and let's going forward disclose it okay anyone else okay so I
see the manage can you have someone help me just cover I purple you know I
purposely wanted to just kind of say introduce and then step back so I need
help kind of finding the common interest and if there's any consensus there so I
guess I would come after the fact yeah you know you can just watch the tape or
something or and just kind of reduce to writing what you heard if that's okay
raised to the Board of Ethics or is it something that you would like staff to
deal with separately developing a disclosure disclosure process there's a
number of options sure I'm gonna defer to my peers see if we can find consensus
there right on next steps that's a great question thank you just going around
counselor Davis we've got a Board of Ethics I mean I don't see a problem with
referring to them if we wanted to it's gonna eventually come back to us if we
wanted to short-circuit that and take it up in a council work session I think
that's fine but we appointed those folks for purposes like that anyone else
can I just add I'm sorry they and they're currently discussing the
conflict of interest ordinance in their meetings that like piece by piece that's
currently what the Board of Ethics is doing okay yeah
counselor Matt in sorry thank you I think in light of that then then just let the
Board of Ethics do their their due diligence let them report back to us
about any issues they will hear of this and they can they can make recommendations
because that's their purview and and then we can vote on those okay anyone else
great thank you thank you okay that takes us to our last work
session item is a series that the pitches so we'll do that it's ID two two
zero five three receive report hold discussion give staff direction on
pending City Council requests
good evening mayor and council I'm Monica Benavides management analyst and
I was present I will present for you tonight the City Council pending request
for information as a reminder of this process up to seven requests will be
heard per meeting and tonight we have two that I'll be introducing staff will
introduce each request the elected official that made the request will have
up to two minutes to describe and justify their request remaining elected
officials will then have up to one minute to provide feedback and indicate
their support for the use of staff time to respond to the request staff will
respond to all requests were a consensus of council is established I won't read
this live verbatim however it's a reminder of the priorities that will be
said the first request comes from councilmember Davis item number one a
work session to consider the creation of an emergency volunteer corps
councilmember you may proceed when you're ready thank you so I trust
everybody has read the the request and the staff response and I want to be
really clear that what I'm asking for is not necessarily to reinvent the wheel if
we had a cert chapter I'd be fine with that but that's not necessarily what I'm
asking for I think that in the staff response we focus a little bit on the
tasks and I'm really more concerned with the people in the workforce during the
winter storm one of the things we found out was there are a lot of people who
wanted to help and they just needed to be pointed in the right direction so
that it resulted in a lot of kind of ad hoc call up the members of your Rotary
Club call up the kids in your scout troop gather up your neighbors and we
were doing welfare checks we were distributing water there was a you know I
don't know if you call them an armada or a fleet of a pickup trucks delivering
water and that kind of stuff a lot of that could have happened faster and even
better with just a simple text message list an app sign up an email list
whatever it is when we were looking for the kid over in the Owsley area who
unfortunately passed away that was a lot of ad hoc everybody just kind of
everybody come out and help if you can knock on doors get neighbors and that
kind of stuff that's a situation where we could have sent out a text message or a
red alert or an app something to get folks to respond to a central location
people who already know to respond to a central kind of chain of command and be
boots on the ground I'm not so much talking about specifically trained tasks
although that's possible and could be useful I'm really talking more about
eyes ears hands and feet that's a missing piece that we don't have right
now and we have a staff member who I think has the capacity to do that level
of stuff if we want a cert chapter fantastic I don't think we need a
specific Denton Medical Reserve Corps we have an excellent County Medical Reserve
Corps but what I'm really talking about is not reinventing what's out there
already but developing a quick response team of folks who I know are out there
because we saw them during the winter storm we saw them during the manhunts
that we've had to do we've seen them when we had the tornado in Northeast
Denton we saw folks respond if we can coordinate them just a little bit better
we can do an even better job of community response okay guess we're back
thank you mr. mayor I think I'd rather take the tact of galvanizing that kind
of will that we saw during Yuri through the auspices of an existing nonprofit or
an existing cert or an existing mechanism because they already have that
infrastructure in place and it would be better for maybe the city's efforts to
to get our citizenry into that system rather than again reinventing the wheel
so that we get the benefits that he he's talking about counselor Davis is talking
about because I completely agree about the benefits but I think it would be
more prudent to and to somehow leverage existing nonprofits and inserts and
things like that then necessarily dedicate staff time to that okay anyone
else councilman McGuire thanks I disagree with
Councilman back I think that that having our own cert chapter would be incredibly
useful I think several of us work with the medical reserve Corps with with
Denton County Public Health and I mean that was a really big part of why the
the the mass vaccination clinics at the Texas Motor Speedway were so incredibly
successful is because there was an army of folks who weren't medical well some
of them are medical professionals and of course with their intake and their
training there's documentation of who is and is not a medical professional so the
medical professionals can be put in medical positions and people like me can
be assigned to you know sanitizing clipboards or whatever and and I think
that yeah I in the event of a local emergency like Yuri having a database of
some sort where we can quickly and easily easily contact people and we know
who is and isn't a medical professional who has various skills that might be
useful in that situation and they can be quickly assigned to to tasks that are
appropriate to their skills I think we would really benefit from that
that's roger yeah I agree with Councilmember McGuire I think a certain
team would be very helpful and I also think it would be helpful to have a way
for people to sign up who maybe don't want to be part of us don't want to
commit to being part of a certain team but just people who we have so many
people who want to help out who say how can I help out and there are more ways
to help out than just being on a board and committee you know that's one obvious
way so sometimes it's just you know I'll have your name for instance when we need
to a community tree survey you know we can just send out the call and I know we
tend to do that anyway but we do it on the website it would be great to have
people boots on the ground including and I'll add to it Councilmember Beck said
we've got nonprofits but we've also got grassroots boots on the ground who are
of course our nonprofits are grassroots but you know who are doing this on their
own get whole teams of them to sign up I just think it would I can only see the
good of this thank you anyone else may pretend I think I made the exact same
proposal after URI and got the exact same response and I would say I'm really
you know unhappy that I didn't raise this again when we're going through you
know gee what did we learn because you know we should have done that so that we
had that in place this time because there was an amazing outpouring you know
of community will to lend a hand and but if we can leverage a search structure so
that you have a kind of tree and branch communication system so you can activate
people in a more organized way I think that's that's great so you know I I
agree with the sentiment and I think there's a smart way to do it and we
should have done it customer bird just simply speaking I think we need to start
on search after Councilwoman armature noted that people just wanted to help how
do they help who's who who are they gonna contact who's gonna contact them
back who's gonna send them the way they need to go all that comes under some
kind of organization some kind of structure rather they want to be a part
of it or not they put themselves in that position to be a part of it so yes I
think that that would be a great way to begin this process is by having an
organized way to do that and if that includes the nonprofits to bring them in
on it and the city oversees it along of course with the nonprofits which is what
we do anyway in in the most in the basic sense of the word I think that we should
just go ahead and look into doing that thank you okay thank you so that that's
consensus but I'll just add I really like the example Councilman McGuire use
having volunteered out there the speedway it truly was plug-and-play and
and I think we're working on that anyway from a notice requirement city managers
doing great work about sending out information and the county does regular
updates just because you know so I think that practice so I think it weaves into
what we're doing I'll leave it to the city manager but I think it weaves in
the kind of what we're doing now and having thank you for the clarity today
kind of understanding your vision that that's helpful so yeah look forward to
what comes back and I think it'll it'll yield great results thank you thank you
okay item number two the requester is mayor Pro Tem Meltzer a work session
exploring required recusals related to campaign donations from industry packs
thank you lately we're seeing a lot of efforts to throw shade create smoke in my
opinion this proposal deals with where the actual fire is this larger project
of trying to control the public affairs of the city for the benefits of private
interests this goes to the heart of public trust in what we actually do on
council and it's high time it gets addressed this is to request a work
session exploring required recusals related to campaign donations from
industry packs in our fast-growing city the public needs confidence the
decisions about development are made with the interests of the community as
a whole in mind it undermines that confidence when we see thousands of
dollars flowing to local office holders from interested parties like Texas
realtors apartment Association of Greater Dallas and Texas Association of Builders
they're fine organizations and are well within their rights to advocate as they
see fit but let's deal with the unseemly business of cash going to council
members who then must weigh cases from members of those very groups I would
like to discuss requiring recusal of council members from cases of members of
groups that have given that council member more than $500 understand this
does not prevent nor attempt to prevent anyone from taking that developer money
it's perfectly legal you want to keep taking it go ahead scoop it up with both
hands but let's at least avoid the appearance to the public of a potential
quid pro quo in the exercise of our powers now as it happens I learned this
morning that completely independently the Board of Ethics has been working on a
similar proposal to bring to council it would be fine with me if council wants
to to take up these proposals at the same time okay
counselor Davis I think that came on a little strong I mean you already got
your DRC article and all that all that good ink you can't pick good guys and
bad guys you can't say a pack in any context is an aggregation of assets and
resources to accomplish a political purpose you can't say with one side of
your mouth well the Denton realtors who contribute to their state pack should
have left less of a voice or an influence or whatever on their city
council then Denton together 500 bucks from the tree pack is the same thing as
$519 and printing and postage from Denton together it's an aggregation of
resources want to talk about disclosure fantastic disclosures good but to say
that well if you take money from the bad guys you have to recuse if that tree
pack member if that local realtor is doing a garage addition you've got a
recuse because somehow that $500 aggregated from across the state or
whatever is influencing your vote interesting price point by the way that
that's how much you think of vote cost on the Denton City Council $500 I'm
offended by this not because I think pack money is fantastic and everybody
ought to take it but because it is clearly picking good guys and bad guys
and clearly taking shots cancer bird let's go ahead and take up these items
together put them together that they were already working on let's add this
along with that and you guys come back to us with something who else
councilor boy yeah you know I on some level agree with councilmember Davis
that there are inherent difficulties in are going to be inherent difficulties
and establishing what exactly we need to recuse from right I mean some members of
this council I believe have taken political donations from the Texas
Associated Association of Builders and here we are about to vote on code
amendments that that that association you know has endorsed and there are
going to be difficulties in gray areas but I think that I would like to see
this come before council in a work session along with what the ethics board
is already working on so that we can have that discussion and work out what
where what exactly we're talking about here and what types of recusals would
be required because I to your point councilmember Davis it we can't paint
with a broad brush in this area it was councilmember Archer yes so you know I
appreciate mayor pro tem Meltzer bringing this issue forward I agree with
councilmember bird that it goes very well with the previous issue that we had a
whole you know work session item on and you know I would like to see these this
problem kicked to back to the ethics committee to then come forward to us to
see how they would propose we resolve it because regardless of what people think
about this so this proposed solution you know and I agree that there are all
kinds of problems including a member of a group you know some group have groups
have thousands of members also the question of a pending matter you know is
the group coming before with the pending matter I'm very proud to have gotten
some support from a civil rights group you know does that mean every time a
civil rights issue you know comes up which I have to you know it raises
questions like that however the problem is a real problem of public trust as far
as you know money from especially from developers packs but I agree that we
can't look at this problem if we want to solve this problem we can't just plug in
developers packs we have to think about it every kind of any kind of pack
including an civil rights pack an environmental pack and to make it work
for public trust okay yeah I sort of think I'm supporting the the the sort of
combined approach that I heard from councillor bird I think that we need to
have a work session but I think that work session needs to be after the
ethics committee combines and puts everything together I think it's really
important that we address all these issues and that we address the goals of
ethics and transparency dig to get at this idea that you know whether with you
know where our conflicts of interest and and how do we how do we limit the the
nature of that so I would support both which is what I heard councillor bird
say okay and then I'll just say I'm gonna try to get this down a rarely read
but I want to make sure I kind of stay as neutral as humanly possible I think
for me truly it is a equality versus equity issue and in ensuring a fair
election process and transparency organizations have a right to
contribute to whomever they want to support that's been stated but not many
candidates can lend themselves fifty thousand two hundred and fifty dollars
versus a donation to yourself differences alone voters will never know
who paid that back because it's after election when you're when you're paid
back that every candidate will have the support of a national candidate
contributing in kind donations what will be the results of that would a person
have to recuse from everything so the equity is allowing people to do exactly
what is being done today and individual loan themselves fifty thousand two
hundred fifty dollars financially supported other candidates that he
agrees with and that's fair 2019 election results prove that who has the
most funding funding doesn't win so I support the work session to find out
how much influence twelve thousand dollars buys so there's consensus for
two together kind of bringing it back with ethics thing yes I mean what my
understanding is mayor this would go together with the previous item that was
mentioned there's four for that which would go through the work of the Ethics
Commission and then come back as a work session that's my understanding great so
dinners here so we'll grab that we're we have an hour to get through a closed
session so chief will take you first and after closed session let's take ten
minutes to grab food that puts us so we'll oh let me do this let me take us
in the closed session first then we can come back and get right to it so we're
going to go in the closed session deliberate consultation with the 20s
under Texas government code five five dot seven five five one dot zero seven
one receipt of information from the city attorneys under Texas government code
five or one regarding legal issues relating to officer involved shooting on
January 29th so we're going we're going oh okay okay and then also deliberations
regarding personnel matters under Texas government code five five one dot zero
seven four and consultation with attorney under Texas government code
section five five one dot zero seven one consultation with the city attorneys
regarding legal issues associated with the North American reliability
corporation NERC regulatory matters so we'll be it's 530 yes 530 now we'll take
a break come back and close session at 545 thank you good afternoon and welcome
to this meeting of the Denton City Council thank you for your patience run
a little bit behind but we were getting lots done so I appreciate that so it's
643 I'll call the meeting order we do have a quorum the first thing on the
agenda is pledges to the United States and Texas flag please stand with me if
you're able I put the legions to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
Honor the Texas flag, I pledge allegiance to the Texas, one state, under God, one indivisible.
I think that I think I am so and just in case I don't think I mentioned it so it
just to hit the date just in case for it's the fifth April 5th and so just in
case so I'm gonna come down for we have one proclamation so I'll come down for
that.
Yeah that's great all right yeah that's fantastic that's a good thing I feel
safer already okay so here's what here's what we'll do let's get everyone's name
because I introduce yourself and kind of what you do or whatever you so I'll pass
around and put y'all on the spot and then I'll go down here and we'll read the proclamation.
David Powell, building inspector. Billy Thompson, building inspector. John
Thomason, building inspector. Rodney Martin, building inspector. Gil Gilbert,
building inspector. Ryan Hartley, building inspector. Billy Uton, assistant building
official for building inspectors. Scott McDonald, director of development
services chief building official for the city. I just want to take a quick moment
to thank this staff this is a very talented staff very ethical staff that
makes Denton the best place to live work play and for people to visit and it's a
result of all the folks that are in the background doing all the hard work
ultimately making some people happy making some people less happy but
ultimately the goal to take care of all of us so I'm grateful to be here and I
certainly am grateful for the staff that works for the city of Denton. Thank you
Scott. Emily Loessel, deputy building official. Amber Rogers, assistant building
official. Angela Adams, plans examiner. Michelle Brown, plans examiner. Hayden
Scarnato, plans examiner. Brad Garrett, building inspector. Josh Hamlin, plans
examiner. David Boots, battalion chief Denton fire department safety and wellness.
David Becker, Denton fire department fire marshal. Tom Roeder, building
inspector. Great thank you very much I have to get a I got to start hanging out
with the building inspectors there's lots of them they're safety and numbers
you really man that's something else we're building a lot of stuff here in
Denton. Excellent okay I have a proclamation so slide on up here Scott
or somebody I don't want to be I get nervous in front of crowds so I need
your help yeah yeah okay here we go a proclamation by the mayor of the city
of Denton Texas to all whom these presence shall come greetings whereas
the building the the buildings where we live learn work worship play and go to
school each day are among the safest in the world and whereas often we cannot
foresee our or prevent dangerous situations such as fires and severe
weather though thoughtfully written building codes and diligence of building
safety professionals we can prevent such events from be becoming tragic and
whereas building safety month is dedicated to reminding the public about
the ethical the the critical role of our communities largely unknown guardians of
public safety our local building code of officials who assure us of safe
efficient and livable buildings and whereas safety for all building codes in
action the theme of the bill for building safety month 2022 encourages
awareness and promotes actions everyone can take to ensure that the places we
live learn work worship play are safe and recognize that countless lives have
been saved due to the implementation of modern building codes and whereas
during the month of May and throughout the year we encourage our citizens to
learn more about building safety and pay tribute to all who work to keep our
building safe throughout our community now therefore I Gerard Hutsworth mayor
of the city of Denton Texas do hereby declare and proclaim the month of May
2022 as building safety month and encourage our community to participate
in the building safety month activities in Denton so give them a hand please
, thank you very much appreciate you thank you appreciate you.
okay okay so that takes us to presentations from members of the public
we will review our process for addressing the City Council the Denton
City Council has adopted rules of procedure including a code of conduct
that applies to the public as well as council members these rules were enacted
to promote an orderly process and to preserve decorum speakers will have four
minutes to give a scheduled report and four minutes to give an open mic report
a bell will ring when time is expired if their marks are not concluded by that
time the speaker will be asked to stop speaking if the speaker does not cease
and a second request is made the mayor may request to have the speaker removed
from the chamber speakers should not approach the dais if a speaker has
materials for the council please notify the city secretary in advance for
scheduled reports the council may initiate discussion or ask questions for
non-scheduled open mic reports the council may listen however because no
notice of the subject of the open mic report has been provided to the public
in advance the Texas Open Meetings Act prohibits discussion or decision by the
council on non-scheduled items as a result the council may only proceed as
follows on non-scheduled items proposed to place the item on a future agenda
make a statement of factual policy or a recitation of existing policy speakers
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
impertinent profane or slanderous remarks anyone who violates the council
rules of procedure may be immediately removed from the chamber thank you in
advance copies of the rules of procedure are available from the city secretary
first speaker tonight is ID two two seven one four it's miss Wanda Bowman if
you can come down to the front and you'll have if you can give your name
and address you have four minutes okay my name is evangelist Wanda Bowman my
address is 3400 George Lane apartment 25 - 2000 Denton Texas okay go right ahead
okay first is an honor to come before the board and you may I'm not from this
area I'm actually from Louisiana I just moved here and my reason for coming
before the board as you can see it's dealing with homeless in December I got
Kobe which led to my homeless situation but because of my homeless situation it
led me into meeting a lot of homeless people in my situation I worked with a
lot of homeless people in my hometown in Louisiana in Baton Rouge under the
bridge so that was part of my ministry anyway but my concern is how homeless
people is being treated here in Denton as far as housing as far as they being
treated with dignity trustworthy and loyalty is one of the reason why I come
before you all because the way I was placed I worked there was some
requirements for me to be able to get housing that I had met way prior to my
homelessness and I have been treated a certain way that a lot of homeless
people that I have came in communication with has been being here I feel like
that it is my duty to make this known I don't know to you all my concerns are
how they are being treated and mishandled so that's why I want to come
before the board I did not do a presentation or get some
documentations together because I've been dealing with some serious issues and
matters as it relates to my own personal being I have family members that also
end up homeless also in this situation you know but I do plan on coming back I
normally have four minutes and preparing some information that will back up what
I'm trying to make known to this particular board that oversees this area
it was funny you know earlier mayor we didn't know what you look like that is
not what you look like we just want our voices to be heard but it was amazing
because I also in my area worked on the vote I know it's the election time and
for stall your homeless people not to know who their leaders are it's very
important for you to know who has your voice who is speaking for you do they
have the heart for you and your concerns I was also I don't know how many minutes
I have so proud to be here to hear the proclamation that was made concerning
even the places on you know our safety or where we live where our kids go to
school and that too has become a issue as it relates to the homeless people so
I just want to thank you and thank you all for giving me an opportunity to at
least do an introduction and I will be coming back to share some more detail
information and I will put it together and present it to everyone so that you
can see or maybe understand where I'm trying to address the matters from thank
you again for being able at least come before you all and thank you all for
welcoming into into Texas yes thank you thank you very much appreciate it yes
what do you feel most needs to be changed about the way unhoused people
are treated you can come back you can come back I'm sorry I didn't see the
questions thank you yeah what do you feel most needs to be changed about the
way unhoused people are treated and then from my experience when they asked me
they made requirements that we had to meet the requirements where you had to
have a job they wanted you for bank account they wanted you to be able to
provide them a plan or how you was gonna if they place you somewhere how you was
going to be able to deal with or pay for your stay okay my position where I was
already stable I had what they was offering I had my job I was making that
at $17 an hour I had my bank account I was already established I fell into what
I fell into because of Coby okay which when that happened over 16 of my family
members in up with Coby okay but I did not want to stay in a hotel that they
was paying right at almost $4,000 for me I didn't want to use the system I just
needed a hand up I didn't want to lay back and just become part of some of the
people that had been there had been there for years but they wanted out and
they were trying to get out but we could not get out because of they not making
the phone calls we was required to go out and look for places went out did
what they asked us to do presented the information to them they never called the
people the people were study called I'm talking apartment people they were study
calling me asking me miss Boehmer are you still interested in the place yes I am I
didn't want to play their role their role you know what I'm saying I just want to
meet what they require to meet to me I could not meet that that led me into
sleeping in my car my family I ended up losing my anyway after that on the 18th
of last month they placed me over in a low-income apartment duplex that as I
said the living established it's below me and I feel like it was God that had me
here even with the proclamation to let me know that he's doing something
already because something was put in place you know to ensure us that you all
are going to make sure that we are living in safe environments because when
I went in that apartment that they did provide to me I was in there for six
days with no heat cold I could still been in my car cold water no hot water
electricity stuff coming out on the electricity all this okay backed up
toilets the even though paperwork that was in there stated that it was like a
big paperwork that he had and with the application that was saying that they
was putting us in a place where there was going to be criminal activities bad
fluids maybe coming through the walls I mean I'm looking at this kind of stuff
and reading this this I've come from a small community that's less than a
thousand people we had a very bad water issue you can go and Google this and
you'll see this nine point eight million dollars me and my husband and seven
other people had to go before the legislators and the governor's for them
to come into my community and put down new pipes because of the bad water and
for me to come and for them to do that to me and my family it was hurtful and
harmful and they said the only reason why they did that was now they tried to
get me off the car when I was stable I had met all of your requirements that
you asked of me and then you belittle me like this and you place me in a place
like this and the furniture that they gave to us was dirty I took pictures of
it filthy dirty that they delivered to my home I say Kobe is here and you all
deliver this kind of stuff to our residents I pushed it out and asked them
to come back and pick that up but we had to sleep in it all night long until
today is when they came and picked it up they brought it yesterday and I
contacted the people that brought it and asked him would you please what do you
want me to do with it I didn't want to throw it away I didn't know what they
was gonna do with it but they did not respond and I again I thank you a lot of
voices is not being heard the young lady told me she said thank you miss
Bowman for giving me the opportunity to come here I said this is where you come
because your voice can be heard a lot of times people that's poor people that are
cast out people they are afraid of you all because they thinking that you're
gonna belittle them in some kind I say no they your voices they care about you
they can't help you until they hear from you first of all thank you so much for
your activism in your former city and in Denton I'm so glad you're in Denton
thank you for your bravery in coming and speaking before us today I know you
speak not just for yourself but for others and that you're a true activist
and I admire that and you and I want to give you my personal cell phone number
and if you have a if you can text or email me whatever I would love to meet
with you one-on-one I represent citywide so anyone who lives in Denton is in my
district there are three citywide at-large members up here and we
represent you we all represent you and thank you for coming to talk I just want
to say there's you know this expression that I heard from the disability rights
community and that is nothing about us without us of course meaning you know no
decision should get made without us being at the table and I believe that is
true for so many issues including homelessness in Denton now I can't do my
job without talking to people who are experiencing homelessness right now in
Denton so thank you so much for your bravery and coming before us and helping
us do our jobs better I hope to be in touch thank you okay so thank you yeah
and staff will be is gonna you can get you yeah that'll be great and then staff
will reach out to you before you leave as well so thank you very much and so
that takes us to our second speaker Pat Smith it's ID 2 2 7 1 5
mayor we are having a problem with the PowerPoint getting it to pull up if
there's someone who can you can take and we'll try to get a new version of this
put back on the computer okay got it let's go with so the staff can you
confirm that mr. Dillenburg didn't call in he didn't he he did call him he can't
okay just wanted to make sure I thought okay great then that takes us to Priscilla
and I don't want to say your last name wrong that's ID 2 2 7 6 8 so if you give
your name and address and then you'll have four minutes thank you my name is
Priscilla you ever you know I am in 115 North Austin so just around the corner
let me know if you are ready for me yes by all means awesome so my name is
Priscilla I'm a Denton resident of seven years I'm a recent graduate of UNT and
today I'll be submitting a Medicare for all resolution and asking you to take
that resolution up at your next work session I'm here tonight to explain why
I think it is important that the set City Council supports and passes this
piece so what are we asking of you and what is Medicare for all we ask that
the Denton City Council hereby endorses and urges legislation to provide
universal comprehensive health coverage with a zero cost sharing for patients by
enacting Medicare for all act of 2021 so why at the local level do I bring this
to you as a recent graduate of the MPA program at UNT the public administration
program I know very very clearly that the local governments must often deal
most directly with the consequences of our unaffordable health insurance
system municipal budgets are strapped and local businesses struggle to make
ends meet due to rising health insurance premiums local governments provide
frontline response when community members face debt related bankruptcies or
become ill or die needlessly because they were uninsured first reason I
believe that we should pass this is that Medicare for all would represent
freedom in health care including but not limited to the freedoms of health
justice include included in that is a freedom to obtain medically necessary
health regardless of personal financial means employment status and to receive
comprehensive care and treatment that includes medical dental mental health
prescription drugs addiction treatment hearing and eye care women's health and
pediatrics and many other forms of care the second is the moral imperative Texas
as you may know has one of the highest rates of uninsurance in the nation and
suffers from the worst racial health disparities in the nation 76 percent of
uninsured Texans are racial minorities 53 percent are low income that make
less than 50,000 in total family income per year one in four Texans struggles
with medical bills and one in three Texans lives in neighborhoods of colors
color that have significant medical debt which impacts access to employment
affordable housing credit and other opportunities the third is common sense
summer statistics statistics for you studies find that approximately 40 percent
of COVID deaths in the U.S. would have been prevented if we had had health care
a health care a health care program similar to other industrialized nations
by closing the coverage gap gap and health sorry that threw me off local
governments will see savings in tens of millions of dollars per year the state
of Texas loses out on 10 billion per year from federal dollars due to it not
expanding Medicaid lastly the u.s. spends a substantially larger share of its GDP
on health care than other high-income nations but has worse health outcomes and
shorter life expectancies in conclusion 70 percent of registered voters support
Medicare for all you'd be hard-pressed to find an issue with that amount of
people that approve it okay we have a couple quick questions councilman
Archer so thank you so much for coming before us I have studied this resolution
I strongly support it and if nobody else from on council asks in concluding
remarks to have it put on the agenda for a work session I definitely will just
want to just reiterate that this is something that would most importantly
save lives but it also saves money the cost the financial cost to cities is
huge and so anyway I am really proud to support this really grateful for you to
come before us today with this thank you thank you thank you very much okay how
we're looking okay great great well she took I think my name got removed yes but
I don't have a question I just wanted to support councilmember Armenters call for
this to be on work session you know of course this this is federal policy and
we don't set federal policy but it's a federal policy that would impact us
significantly a very big chunk of our budget is goes to to health insurance
benefits and that's a lot of taxpayer money that gets spent on health insurance
benefits to private health insurance companies I'd also like to draw a
connection to a few weeks ago chief Dixon briefed us in a work session about
the crisis intervention response team and the challenges that the police
department faces in addressing the needs of people who are in experiencing mental
health crises and one of the barriers that he identified was that UBH Mayhill
our local mental health care providers are at capacity and as long as we have a
market-based health care system where supply you know private companies are
incentivized to keep supply a little bit lower than demand we're always going to
have a shortage of mental health care providers so I support this resolution
okay Pat good evening council I'm Pat Smith 1417 Cambridge Lane this evening
I'm here on behalf of friends of shallow garden which is a nonprofit here in town
that operates the largest community garden in the country I have with me
Mindy white who's a fellow board member 18 months ago I came before you and asked
for a humble request and that was for dirt and I want to say today on behalf of
the board thank you for your support over the last year and a half we have
worked in the arrangement where we purchased 650 cubic yards of dino dirt
and the city contributed 130 cubic yards of dino dirt to what we call a project
cornucopia cornucopia was a funded by the city or the Denton County these are
some of the organizations that have benefited from project cornucopia over
the last 18 months throughout the pandemic and we're just here to say
thank you I don't think that's often done enough and we would not be where we
are today without your tremendous support because of your support we are
able to take our production when I spoke to you in 2020 we were right around
28,000 pounds of production at that time we finished 2020 with 43,000 pounds of
food that we distributed in the city of Denton because of the efforts of Rotary
clubs which I'll show you in a second and the dirt that you all generously
gave us we were able to raise our production to 55,000 pounds in 2021 our
goal was 70 and we were on track for 70 except this little guy named Yuri showed
up and destroyed about a third of our production so we're on track for 70 for
this year and then by 2024 our goal is to hit a hundred thousand pounds of food
and 29,400 eggs is what we produced last year that went out across the community
that's 242,450 dozen eggs our plan started with a humble beginning and we
built 54 raised beds the Rotary clubs of Denton came together and built those
beds between November and January of 2021 and 2022 since that time we've
added what are called field blocks off to the right there a blackberry chalice
and are now those raised beds are in full production and all that is dino
dirt that you all helped us procure and so we're extremely grateful for that we
are right now we have 21,000 onions in the ground about 10,000 potatoes in the
ground and we are we planted 8,000 or 800 plants last Saturday in the future
we have plans to put electricity in and you're gonna see that next council
meeting a grant request for that as well as a truck that we're gonna use to help
distribute and then we're looking to expand to a year-round production in
2023 with two tunnels on one side and two tunnels on the other side of our
shed so many great things have happened but this is all possible because of
volunteerism we have one paid staff person we had 15 just under 14,000
volunteer at man hours last year if you were to put a price tagging on that that
is about four hundred thousand dollars you in us using the IRS guidelines this
is a great place not just to great grow food but it's a great place to build
community and the groups that come out on a daily basis to serve are phenomenal
they love it and we try to make it they're a very great experience for them
so I'm asking for your help I'm asking for your help to come volunteer I'm
asking for your help to in your sphere of influence to ask other people to come
out and volunteer just once a year would be huge especially on Saturdays and so
we're very grateful for the opportunity we have to serve not only Denton now
but also Lewisville and are happy to sign up any large group who wants to
come out and serve a shallow field and we're now working very closely to create
a parks program summer day camp for kids and then to learn gardening starting in
May so thank you for your time and your attention got it can you email me that
presentation sure okay yeah thank you and I'll say this there's you've not
seen a four-year-old at the time small bigger than when Pat let her pull up the
carrots and she pulls up two giant carrots and man it was it's fantastic it's
a it's a really really good experience and so she remembers it to this day so
that's good all right so you know the question thank you very much oh yeah Pat
I just want to say as a as a fellow Rotarian you represented this as as kind
of fun and easy and I would say it was neither it was really hot and it was
hard work but and Councilmember McGuire joined us for an afternoon she might
have her own point of view on that but but it's it was really well worth it
especially when you show us the results thank you so much appreciate it okay
thank you very much and then the last oh no not the last speaker so then there's
miss Joshua hadn't mr. Joshua hadn't sorry
so mayor I believe this is a Colin comments okay he should be being queued
up right now got it yes let me queue him up and I'll patch him through thank you
no and you still have another column right yes we still have one more after
that okay great
you
you
mayor did not did that call not come through no I didn't hear anyone click in
okay let me let me try this again I'm actually I dropped that call so I'm
going to transfer in the next person camion caller and we'll try again okay
, okay.
Mayor it appears we're still having some technical difficulties if there's
someone there in person you can take please do so okay great thank you so we
have former mayor Chris Watts he's on making his way up I think yeah hello if
you give your name and address you have four minutes and let me get my yes I'm
not gonna trust y'all's timer yes right so mine and it should pop up on the
podium or electron as well okay I'll see when it comes up okay Chris Watts didn't
Texas I had saved a placeholder for open mic but had decided not to come down
then I heard my name mentioned in one of the work sessions I watched to the work
session so wanted to come down and express some thoughts and viewpoints I
think you mentioned it councilmember Meltzer and don't want to spend time
differentiating those situations but I was curious about the work session on
campaign finance or campaign donation limitations and when I heard you
councilmember Meltzer talking it's like okay five hundred and one dollars will
be what somebody is going to be paid for is going to they can be bought for five
hundred and one dollar and I thought okay if that's your perspective of
influence exist at this level totally get it respect it my only concern is it's
not consistent if it's only leveled towards packs that they're the ones that
are sort of limited there's many individuals that give more than five
hundred dollars so I don't necessarily subscribe to that opinion I don't think
people can be bought for five hundred dollars I can't be and quite frankly I
don't think anybody sitting up there on the desk can be is there a figure never
had to really decide on that but I'm curious because when I hear that
limitation and that it brings about influence with a councilmember or anyone
else that money buys influence I think we can all agree to that principle
pretty well however when I hear that councilmember Meltzer you paid Jordan
Villarreal four thousand dollars on August the 16th and you voted for him on
August 17th one day later on a consent agenda without disclosing that business
relationship and you went on to pay him after that another eight thousand
dollars for a total of twelve thousand dollars I think well how much does
twelve thousand dollars how much influence does twelve thousand dollars
buy it's not just about campaign donations if you think money buys
influence there's really all kinds of directions that that goes
additionally when I see campaign literature that is paid for by you
councilmember Meltzer allegedly with other candidates on those flyers on that
campaign literature I know that there's either in kind contributions or there's
direct benefit to those and that is an actual contribution to a political
candidate so if it's more than five hundred dollars does that mean that
there's influence there I personally don't believe that you would be
influenced or the people that you're talking we're talking about would be
influenced by that I just want to let you I don't believe that but when we
talk about it in terms of outside money when there's so much inside money that
also comes about I mean to pay a political consultant twelve thousand
dollars to be on the Planning and Zoning Commission not to pay him to be
there but to vote on it without disclosing it to me that almost taints
that vote it's almost as if okay we'll do this and we're not without telling
your council members it sort of is not transparent and I think I think we'd all
could agree with this this language that I think you would adopt as well
councilmember Meltzer transparency is necessary to uphold community trust and
so whether it's a legal or illegal or whether there's a rule I heard a lot of
discussion about there's really not an ethics rule on point but I also heard
there was training about avoiding all appearance of impropriety so however you
guys want to do it but I think we all common sensically know that if you're
giving someone within three months twelve thousand dollars and your
colleagues are voting on it I just think it's the respectful thing to do and the
transparent thing to do to just simply disclose it so I look forward to seeing
what solutions are come about because of y'all's discussion but wanted to come
down and and just share my thoughts thank you thank you staff is the collar
able to come be pulled up mayor I'm gonna try one more time all right
, thank you.
Okay well while they're working on that we're going to skip that and so I'm
going to come back to to that if they're if they were to come in Erica Young if
you could we'll give her a minute to make her way out thank you.
Hello my name is Erica Young I'm speaking on behalf of myself as well as
Miss Shaughnessy. Shaughnessy has came here today to address the
poor condition of the homeless she has a 20-month-old who has experienced COVID
and she came here seeking resources but having told that families cannot be
helped upon receiving those resources she was placed in Monsignor King where
the director as well as staff don't make don't make her feel safe she has heart
problems as well as a rare brain disability and was told that can't she
can't be accommodated she's felt unsafe as well as lived in unsanitary
conditions she had to live with feces in the restroom and urine as well on the
walls the dorms as well as drug use outside there are numerous times where
she has addressed the raw and stale food and food shortages there are times that
she had spend nights without food because the food has ran out or the food
has mold on it. I Erica Young has come before today as a homeless disabled
domestic violence survivor I was staying as well as I was staying in Monsignor
King as well at the time I was staying there I have experienced discrimination
upon my sexuality as well as my disability inside the shelter I was
exposed to human waste raw food and fecal matter the lack of security and a
constant threat of black mode has led me to believe that the funding provided to
the shelter is being mismanaged before other home mismanaged and all the
donated items that have been received at shelter has been stolen from by the
staff and when this when the homeless come to ask for clothes there is no
clothes left or towels all the residents that all the residents have witnessed
drug deals alcohol being consumed with the staff I personally have experienced
racism within the shelter this shelter needs to be shut down and the money is
being mismanaged we both have a child that's 20 months old and we haven't been
able to see him due to COVID-19 and the lack of resources our car has been down
and that was our main source of income through door - I myself have a herniated
disk and have faced discrimination because of the lack of accommodation I
as a homeless resident of Denton shouldn't be punished for having back
problems as well as walking problems and I pray that you guys will do something
about it because I've we've been living in deplorable additions for over a month
and we've been bringing these concerns multiple times and there's nothing there
we pray that there is a resolution I haven't been able to see our son because
of the lack of help I may be disabled but I know that God is able and I pray
that we get the help and the resources that we need I had a job for four years
for spousal for COVID hit and I lost everything due to domestic violence and
my injury in my disability and it's been hard for me to get a job and get on my
feet I don't want to use the system I want to be able to do better and be on
my feet and they lack the help and they lack the accommodations to even help me
lay down on a bottom bunk they made me try to climb to the top bunk where I have
a herniated disk where I can barely move my legs and it's hard for me to even
stand and talk right now and as well as this gum right here she she has seizures
and I'll help her every day when she has seizures in her sleep they refuse to
give her medical attention even help her so I'll please beg you guys look into
your hearts and please look into monster your king also known as our daily bread
and please make something happen other homeless people are afraid to step up
because they like they lack the courage please do something change something
okay we have one one question a customer brief as possible so we don't keep her
standing longer than she has to and you're welcome to sit down if you want
to I just wanted to say thank you for your bravery in coming forward it is so
much appreciated I know just to address one of the things that you mentioned I
too have you know heard for a long time about this issue of people with
disabilities you know not being automatically given the bottom bunk if
there's if someone has that bottom bunk reserved I never understood why somebody
who doesn't have as a bottom bunk reserve can't just have to go if they're
able-bodied you know go up to the top bunk to give me medical attention I hit
my head two times and I have a concussion I'm still standing here talk
to you guys and they refuse to even help or even accommodate and not in by the
grace of God my friend right here let me sleep on her couch because they refuse
to help I just want something done we shouldn't be treated like this just
because we're disabled and homeless we shouldn't be punished isn't it's not our
fault thank you and you're you are you're a survivor and thank you for your
bravery and coming and I want to give you I don't have any more cards on me
but I want to give you my number you know I'll come and give it to you and
reach out I would love thank you so much and I know I would love to come meet with
you hear more about what you've experienced and how I can represent you
thank you so much yeah I've asked Danny to reach out to these ladies and then
follow up in regards to their concerns so before you leave Danny one of our
staff members will get with you and I wanted to better understand what the
issues are so we can address them thank you very much for being here mayor we're
going to try this one more time we have tech services on the way so please bear
with us
well we'll pause when I hear the the I'm gonna I'm gonna push forward so we have
the consent agenda I'll I'll take a motion but for items D and F if there's
one counselor Davis I move approval of the consent consent agenda accepting
items D and F okay and it's not a customer wire a second okay motion by
Councilmember Davis second by Councilmember Greger great let's vote on
the screen
that passes 7-0 takes us to item D which was we had a short presentation
requested that ID 2 2 3 9 0 consider approval of a resolution of city of
didn't adopt in policy number five zero zero dot zero eight trespass warning city
property
there we go okay all right good evening mayor and city council I'm president
Poehler with the police department also with me is Courtney doing Dara with
community services and we're going to talk about the trespass warning on city
property policy with that I'll jump into it please thank you so a little bit of
background in 2020 about it's probably around August a group of us within the
city several different departments we began to research and discovered that
the city could benefit from having a formal process with a trespass policy
warnings specifically when we're talking about city property so currently the
police department we do issue trespass warnings on city property if it's
requested by the department that maintains that property such as parks
or the libraries or in some cases response to a violation of law or city
ordinance so and like I mentioned this policy was a group effort with community
services police parks libraries legal and city manager's office I thought I
would present just a little bit of information with y'all just to give some
context for the past couple of years as far as just two things really any calls
for service that we've had related to either a staff member requesting someone
be trespassed from the property or in one case a particular area that we're
having issues with so and briefly in 2020 we had all together with these
properties which there weren't any other city properties that we had any of these
calls these were just the the ones that we had there was nine total calls for
service in 2020 related to anything dealing with a having to issue a
trespass warning and 2021 that bumped up as you can see there was one specific
location that kind of caused that which was the Civic Center and just a little
little context with that property that was a that was directly related to
issues we had at the Civic Center with that back pavilion there that faces
Quaker Town Park we were having a unfortunately a lot of disturbances
there individuals that were setting up tents sleeping bags blocking the doors
that were there as program started back up at the Civic Center there became more
and more issues there unfortunately one issue that led to an individual being
assaulted by a couple others and being stabbed so I say all that is parks
reached out to us and they wanted us to actively try to keep that pavilion
specifically free from any individuals that were attempting to stay there so
that that that's why we had an increase there the next columns where we actually
issued trespass warnings it was a bit lower lower altogether in the past two
years we had 21 and then the last column where it says criminal trespass arrests
in the past two years we had two total one at the Civic Center that I talked
about stemming from the issues unfortunately that we were having and
then the other one at the MLK rec center that one was actually there was an
individual that was staying there during the winter storm in 2021 that was
unfortunately causing a lot of disturbances and issues and they asked us
to have them leave and they refused so that that was specifically what happened
there so I say all that just to kind of give a some context that it's it's not
a really a tool that we use very often but there are occasions where where we
have to and to get into it just a little bit what this policy is for we wanted to
be able to provide guidance and direction to all the city departments on
how to initiate a trespass warning we also because there there isn't one
currently we wanted to provide a appeal process for anyone that receives a
trespass warning to be able to appeal that to our municipal judge office for
review we also wanted to set a time limit right now when we issue out
warning specifically for private property there's no there's really no
deadline or time limit for these so we wanted to make sure we we limit that to
one year and also we wanted to provide a policy if it's needed during any excuse
me any judicial processes and just a little bit more information along with
this there's gonna be thankfully some technology improvements I just added a
little copy of that will essentially be what the the warning will look like
currently we just have a an old big paper copy that we issue out is kind of
the carbon copy version with this we're able to provide them with the
information they need on how to appeal and all that and I say greater
analytics were able to actually keep track of these a lot better with this
with this new system it's it's very difficult right now currently with this
new system will actually be able to search for any trespass warnings so
we're able to if we need to track that over time and there's improved
communication with anyone who's been trespassed it gives them all the
information they need several different ways to appeal if they would like to we
tried to reduce any barriers so they can they can even submit their appeal
through email if they wish and city staff recommend adoption of this policy
great thank you questions counselor armature yes so thank you for the
presentation and I was the one who asked to have it pulled so first I'll say you
know one thing that I like about this is I like the municipal judge review
aspect and I also like the appeal policy and that that that's made clear up front
that people can do that so I like that however everything else about most
everything else about the policy I'm really concerned about because I feel
that it's too broad and risks being as written it has the potential to be too
broadly applied to be potentially selectively enforced against people
experiencing homelessness I know that's not the intention but that's what I'm
concerned about so I have some just some questions along those lines and I don't
know if you're able to put the the policy itself up on the projector but
I'm just kind of going through my own annotations on this the policy so from
the beginning under policy statement says the city developed this policy to
create a uniform poll process for issuing notices to people whose entry
onto city property or continued presence on city property may be illegal
unreasonably disruptive or harmful to city property or to conducting city
business to other persons use of enjoyment of approved activities on city
property so my question to related to that is so we already have laws about
illegal activity obviously which is why they're what makes a legal activity
illegal against the law and so if somebody say in the example you mentioned
stabbing somebody right we already have laws against that how how what is the
argument that says that this is not creating a situation where people would
not be trespassed for simply doing life-sustaining activities that we all
do like sleeping etc can you if you could speak to that why is it written so
broadly sure thank you I think one thing I do want to note on that with the
policy and this was intentional is if any city department needs reaches that
decision that okay we need to trespass someone it has to come from a supervisor
so coupled with that is I certainly appreciate your your question with there
we want to make very clear you know we thought that having it at least at the
supervisor level and as this policy is implemented and we provide training to
the supervisors and clear understanding of of the intent as you as you
mentioned that you know we can overcome some of that because because currently
there's there's none of none of that is in place any any city staff could call
us and if they're you know if they're the ones that we're talking to you know
and that's what they want to do then then we would you know follow what they
request so you know as far as your question about if something is you know
unlawful we obviously have a law for that but what about the other stuff and
it's kind of it's kind of broad you know there could be situations and I've seen
it firsthand before where you know someone is not necessarily breaking the
law or certainly not to the extent that we would take any enforcement action but
it is consistently or severely disrupting maybe something like a camp
that's going on or you know specifically maybe at Quaker Town Park or any other
park where it gets to the point where they are disrupting so much where it
doesn't quite fit you know a violation of law but there's there's enough going
on there what and say they're not listening to city staff because it does
touch on that too how they would be warned first and try to keep those lines
of communication open and how this would be kind of the end of the line the very
last resort that we'd want to try to get to so thank you so in the council
member Danny Shaw community services there's also the situation where each of
the different facilities have different rules of behavior that are already in
place and the criminal trespass might be as a violation of those rules it's not
meant to be arbitrary on behaviors that aren't necessarily addressed by the rules
of that particular building so libraries might have a set of rules parks and
Recreation Centers might have a set of rules those would be the issues where
that person might be trespassed if they're violating those yeah it's not
just for like maintaining activities like sleeping if there were a rule
against that and then it would be addressed through the parks rule so that
that helps me understand but it's still that still concerns me so for instance
you know a library policy just as an example that you should be quiet in the
library if somebody's making noise at a library they should absolutely be
reprimanded by by this by staff but that does not seem to me to be and I'm not
saying that you're making the case that that would be an example of a criminal
trespass but I'm concerned that just the policy as written not talking about the
intent you know has the potential to be used by by somebody and I understand
also what you're saying that that possibility is already there right and
and that concerns me too I actually think that I don't think that that any
city staff should have such authority to do anything more than a member of the
public has which is to call you know call police if there's a concern it just
it concerns me deeply as wondering and I could cite a number of examples of that
but we don't have the time for that so I wanted to ask does this I was trying to
see if this applies in any way to trespass signs on public property I
noticed just earlier today I was over at Bowling Green Park with somebody who
used to live in a small encampment there who had cooperated with police and in an
investigation pertaining to some illegal activity that happened they're not
involving them they were actually endangered by that illegal activity and
glad that that was taken care of but she pointed out to me that there are
trespass no trespass signs there on public property it is that does this
policy meant to cover that or was that already in place the policy that no
trespass signs can be put on public property like a park which park was it
again a Bowling Green so my understanding you know all the parks
okay perfect well counsel drew up an assistant director of parks ma'am
actually those were the park rules signs so they did have the hours of the parks
just like every park that we have have the park hours from 6 a.m. to 10 p.m.
and so therefore just a little example when we were going through all this and
a high school couple was asked to leave years and years ago or at was asked to
leave South Lakes because they were eating ice cream at 11 o'clock at night
so it's just an example that you cannot be in the park after 10 p.m. those are
the or those are ordinances years ago about two years ago we went through all
those park hours we looked at all the other cities on what what their hours
were and everything else but that those signs at Bowling Green only say our park
rules and our ordinances so that doesn't say no trespassing no okay the public is
allowed on public property okay so and thank you thank you for that the signs
were across a kind of a moat there so thank you so um let's see yeah you know
and then of course you know the there's the in the question of public of criminal
trespass on public property in general right the public property belongs to the
public and so if there's one group who's being disrupted by another group there
if that other group is violating the noise ordinance we have policy in place
for that but you know I don't see anything in this ordinance that would
decide that would make clear kind of which group has the greater right to to
be on a group or individual you know on public property than any other group it
just seems to me to be a slippery slope and I and I understand that slippery
slope is already there without this policy what I'm worried about that the
policy will in addition to improving it in some ways with the municipal judge
review and appeal process cement what to me is a kind of a constitutional
problem in a slippery slope about having to do with criminalization of
homelessness okay is City Councilmember armature at bottom line is this is not
directed at people experiencing homelessness this is criminal
trespassing for any individual that might cause a disruption on public
property this is not absolutely not focused on people experiencing
homelessness oh yeah and I completely understand I meant to I hope I made it
clear I'm not saying that's the intent I'm saying that my concern is about the
potential for selective enforcement because of how broadly it's written this
is you know I mean there have been so much written about this issue nationwide
these kinds of laws being used in this way so it's not out of bounds for you
know for me to be asking asking questions about this not to do with
intent but to just do with the potential for for for for abuse in that way okay
counselor bet I have some of the same First Amendment concerns and I feel it's
a little broad I'm willing to personally vote for this because I think we do have
a hole in our policy statements that creates confusion creates an issue for
our municipal courts but I guess in order to thread this needle to find that
that sweet spot between abuse of potential abuse of First Amendment
rights and and not and following a good municipal practice I'm gonna ask that at
least personally that we keep really careful and extra statistics and and I
you know you show those nice tables I'm gonna request that we keep and regularly
review those because I want to see those numbers go down honestly not go up
because if they go up after we implement this policy then that's going to tell us
that we're using this policy perhaps in ways that we didn't intend but yet
Councilor Amateur is is potentially concerned with and I'm potentially
concerned with so I guess I'm I don't know where she's falling I'm falling on
letting this go and implementing it but I really would like to have really tight
statistics on this if we could. Councilmember Davis. Mayor I'm gonna move
approval of the item and then like to speak on the motion. Okay so and then I'll
second just to get that out of the way and then you want to you after the
comment you want to have comments now. I'd just like to speak in favor of the motion
very briefly. Yes by all means. So criminal trespass is a function of state
penal code law it's a function of property law vis-a-vis the penal code it
will exist regardless of whether there's a policy or not there's a greater abuse
for something greater potential for abuse of something when there's not a
policy setting the bounds and limits and appeal structures and due process then
there would be without the policy. I can see why someone would with a particular
concern from the homeless community would look at this and say oh well
they're putting they're codifying criminal trespass and so they must be
coming after folks who have to live outside but this is not just for them
this is for folks who are domestic violence victims and their abuser likes
to show up at the place where they like to work where they work and does not go
away this is for to use the kind of silly example that we used before at the
library this is for the person who will not be quiet in the library and will
never be quiet in the library until they're made to leave and not come back
to the library this is not for the average infraction of city policies and
rules this is just like the statistics showed us this is the extreme case of
the repeat offender who will not comply with the very basic rules that everybody
else has to follow for whatever facility and for safety you know the enjoyment of
the facility by everybody else but by the statistics we saw and the examples
that we were given for the safety of the other patrons of that facility they are
asked not to come back and it's used very sparingly and I am much more
comfortable with its use under a policy that a multidisciplinary team has come
up with together then with just you know whatever policy individual departments
are using so that's why I moved approval. Mayor Pro Tem. Thank you I totally get
the intent of it and I think I think everyone here does and the need for it
do you think that if you had another two weeks that you could sharpen language to
make it clear what we already understand is the case that it's nothing to do
with whether people are housed or not but is that something that could be
buffed up you know and made clear in the language would there be any point to
that? I think honestly no the staff and I mean a multidisciplinary staff have spent
hours working through this to try to pinpoint it that would not focus
specifically on one population or another and I think quite honestly in
reference to Councilmember Davis's comment this is a protection for all of
our folks in City of Denton and that means even people experiencing
homelessness who may be put at at risk by someone else so it's this is hours
and hours of work and honestly I don't think it would help. Okay I very much
appreciate that response. Thank you. Councilmember Burke. Could you go back to
that slide that had the locations and it looked like to me that those were
outdoor okay look like most of them were parks of some sort. Is that the although
the only locations that you all would be is this list going to expand? It's not
all-inclusive this this was the the list where we had any any type of call
activity. It does not include all city property. Okay and I think that Councilman you answered my
question in regards to a trespass warning versus a criminal trespass
signature or something of that sort making it criminal. So it's a warning
different from a criminal trespass. It's a trespass warning you can the criminal
part is it's just it's just a trespass warning no matter what language you use.
So there's not any kind of fees or anything associated with it you're just
on notice as an individual. Correct. You've been notified and we're going to
hold this note if we have to come back and deal with you again. That's correct
and it's not anything that would be on anyone's kind of record. But you are
making sure that if they are you know having difficulty in any other area if
you contact them again we will know as a city that that contact has been made
before. Yes. Okay okay so those were the things that a couple of things that I
had questions about. Thank you. Councilmember McGuire. Thank you I I would
love to see maybe in a in a Friday report a more comprehensive list of
incidents that includes all city property because I'm thinking you know
these are rec centers parks areas where yeah there is perhaps more opportunities
the wrong word but but there there there may be more people experiencing
homelessness in these locations but I was personally involved in a situation
where a gentleman who was not homeless was a pretty wealthy homeowner and
decided that a fenced-in drainage easement near his home could should
should be his personal dog park because it's public property and that's the type
of situation that that this is designed to address as well. Okay any other
questions seeing none let's we got a motion by Councilmember Davis second by
myself. Let's vote on the screen.
Passes 6-1 takes us to item F and please note we have two recusals and quick
question for those that are that are following along while they're while
they're recusing. Mr. City Attorney can you speak to that so recusals that is
that a function of your office is that a function of individual council members
how does that work? Yeah each council member makes their own
decision whether to recuse or not okay and that could be based on any number of
things whether it's an ethics code or something else that prevents them from
acting on it so we're not allowed as the city attorney to advise on the ethics
code that specifically says if there's a council issue you talk to the ethics
code the ethics board about those things so we provide a an abstention form but we
don't advise on the actual abstention itself. Got it and that's filed on the
that's on the city website? Yes it's provided to the city secretary. Okay
great thank you so let the record reflect before I call item F that three
council members have recused themselves Councilmember Armitage, Councilmember
McGuire, Councilmember Davis. Item F ID 22601 there's consider adoption of an
ordinance of the city of Denton authorizing the city manager to execute
an agreement between the city of Denton and Osher Lifelong Learning Institute at
the University of North Texas to offer document discounted membership option to
the Denton Parks and Recreation pass holders 50 years and older so there's no
presentation I'll take a motion. Councilmember Beck. This is one of those
examples of quality of life that we improve here in Denton so I'm happy to
motion approval. Thank you Mayor Pro Tem. Yeah this is great by the way you can't
quite tell from the way it's written but this means that if you're a park and
rec pass holder over 50 you can get a discount on OLLI which is all kinds of
great like adult education opportunities so yeah happy to second. Okay motion by
Councilmember Beck, second by Mayor Pro Tem. Let's vote on the screen.
That passes 4-0 thank you that concludes consent agenda and takes us to
our first public hearing. We'll let the council members rejoin us and the first
item is 5A which is PD 20-0007C hold a public hearing and consider adoption of
ordinance of the City of Denton Texas regarding a request to rezone
approximately 15.9 acres from residential seven to district residential
seven district to plan plan development district. Good evening council, mayor,
Carina Maldonado, transportation principal planner with the City of Denton.
Tonight I'll be giving a very brief presentation most of the information is
in the staff report but I can pull up any additional slides beyond the slides
I'm presenting tonight if needed. So the item tonight is PD 20-0007C and this is
for the love first community village. So the request before you is to rezone
15.9 acres from the R7 district to a plan development district with the base
zoning of MN specifically for a transitional housing use which would be
defined as temporary housing and supportive services. You can strike the
second note but it's currently shown as operated by a nonprofit intended for
at-risk families who are experiencing financial burdens that have led to or may
lead to homelessness. The proposed development or plan development would
also include an accessory amenity center as well as recreational amenities and I
just wanted to note that I said to strike the second bullet as you've seen
in the staff report there were some changes recommended by the Planning and
Zoning Commission related to that language. So the subject site is located
on the south side of East McKinney Street east of Mayhill. You can see it's
Caddy Corner to Ryan High School. The surrounding development as shown on the
screen have kind of made it easier to identify. There are some residential
areas adjacent to the property those are shown in yellow as well as the high
school that I mentioned as well as city-owned property and that would
include our city or government-owned property excuse me that would be the Texas
DPS facility that's newly constructed on the corner of Mayhill McKinney as well
as some FEMA floodplain area that is currently owned by the city of Denton.
There was a specific use permit that was approved back in I believe I would just
say last year for the adjacent property for a multifamily development. That one
is currently in the development review process but is soon to be constructed.
There are also there's also a religious assembly on the north side as well as a
few parcels of undeveloped land. So as I mentioned most of the information is in
your staff report so I just want to jump to the criteria for approval identified
in the Denton Development Code in subchapter 2. So there's two sections one
is general approval criteria as well as specific approval criteria approval for
for plan developments. So basically in summary the project is consistent with
our future land use map and housing goals of both the denton plan 2030 and
that's because the the project came in under the previous comprehensive plan
but under the new comprehensive plan denton plan or denton 2040 comprehensive
plan excuse me it is also compliant with that that future land use and has housing
goals. Second the development standards proposed do limit uses they create a
community oriented development pattern with residential character and do offer
increased landscape and open space requirements. Third it does minimize the
impact to surrounding residential and serves as a transitional use between low
residential that's existing as well as moderate and high-density residential
commercial. And lastly there is adequate infrastructure and capacity to serve the
existing development. Public notification was issued for this project we did have
two responses in favor one was from the property owner we did have some calls
that didn't have a formal response but they did indicate support for the project
as well. There were no neighborhood meetings held by the applicant but they
did reach out to some individual property owners and with that staff did
recommend approval of this project as it meets the criteria in the Denton
Development Code. Our planning and zoning Commission did take this at their March
23rd meeting did have some further refinement of the definition
specifically of transitional housing as shown on the screen I've highlighted the
changes they've made and just in addition to this staff did include in
the staff report if council wishes a further refinement of the language to
address all of PNC's concerns and with that I can take any questions the
applicant is here to give a presentation and I do have some slides if you do need
additional information on the screen. Thank you so let's take questions for
staff and then we'll have the applicant present so questions for staff. Councilmember
McGuire. Thank you so I think I know the answer to this but for folks who may be
listening and may have concerns I'd like to confirm that there's no relationship
between this project and the tiny home village RFI that we will be discussing
on April 19th is that correct? That's correct there is no connection between
those two projects. Okay thank you. Councilmember Bet. Thank you and and I think you
answered this in email to council but just just for folks here and that are
watching them the as I understand the the P&Z recommendation for the 30-day
minimum and the 24 month maximum was to make this property clearly fall into
particular use categories that were consistent with the neighborhood is that
correct? Yes so and I'll and I'll pull up the roof so that the recommendation by
P&Z is what's on the screen now I'm gonna put up what staff is proposing as
further refined language so to address your concern or P&Z had a specific
concern about the definition relating to the minimum length of stay that someone
could reside within this community so we did make clarification that this was not
a specific homeless shelter however that definition doesn't define a minimum
stay so the proposed language would would include the minimum day of 30 days
and again that's to make the distinction between the new proposed use within the
PD and homeless shelters that they're two separate uses. Okay thank you. Okay any
other questions? Seeing none our okay well I'm gonna have the applicant coming so
Amy Bissett if you come up you have two joint presentations you'll have 20
minutes. Good evening mayor and council. Let me and so before I do that I'll open
the public hearing and and then yeah if you can give your name and address you'll
have 20 minutes total. I promise not to take that long. No worries thank you sorry
about that thank you. Amy Bissett 97 land company 109 North Elm Denton 76201 and I
also have Leanne Kristen with me representing Grace Likerein she'll come
up in just a moment and we're gonna we're gonna take turns with this
presentation. So I'm gonna open very briefly just to make sure that the
purpose statement of the PD the creation of the PD is is made known and then I'm
gonna hand it over to Leanne and then she's going to talk a little bit more
about the programs that are going to be offered in the organization and how this
came about. So the purpose of this PD is to facilitate a primarily residential
development intended to create a sense of place and community for at-risk
families who resided and received support services on site. The development
will provide transitional housing and related services for clients who may be
residents residing at this development or non residents who are receiving
services and I want to elaborate on this very briefly before I turn it over. This
is a new this is a new approach to both case management and nonprofit services
as well as land use. I have been in this in similar industries for all of my
career and when I was in college a location like this would be confidential
and today we expect our community to help protect and help protect the the
residents and the clients of organizations like this and so it's a
very community oriented approach to land use and and to nonprofit services and so
and with that it's my pleasure to introduce Leanne and let her tell you
more about the organization and the programs and then I'll take it back over
from there to discuss the zoning specifically. Thank you. Thank you. Thank
you Amy and thank you for the opportunity to speak with you here this
evening. My name is Leanne Kristen and I am the CEO for Grace Like Rain and
Giving Hope and I'm joined here this evening by the founder of Grace Like
Rain Michelle Connor as well as Alyssa Polly and Matt Ferris who are board
members for Grace Like Rain and Andrew Cousins of Valley Quest and his
colleagues that are in support of our presentation here tonight and so we
appreciate the opportunity to be here. Grace Like Rain was founded in 2016 and
we have been providing services to those families that are at risk of
homelessness since for the last five years and we have a proven model that's
been working and it's a unique model that is designed around community. It's
designed around giving folks that we heard from this evening give a hand up
and not a handout and we treat those and I'll speak about it a little bit more
but with dignity with respect and with empowerment to give them the resources
that they need to do what Miss Bowman had talked about earlier which is she
doesn't want services she just needs some gap help to get her on her feet
and to recover from the circumstances that she was in and so we last year we
served over a thousand families between our house our homelessness prevention
and our great rise with grace program we typically serve those that are mothers
with small children and as most of you know I believe on July 1st Grace Like
Rain is merging with giving hope and between the two organizations we have a
continuum of care that reaches those or goes out to those families again
referencing what you heard this morning or a little earlier about families that
are living in cars and we bring them into the program we do have us permanent
housing opportunities for those that have disabilities we also have programs
that are there to support the prevention of being homeless but specifically what
we want to showcase tonight is our rise with grace program and that is that
unique case management program that helps families through their situation to
get them neck to the next level to break that cycle of poverty and to break that
cycle of being at risk of homelessness the problem as you all know is that
there's there's no shelter for families that are specifically for the community
that we serve with those mothers and those families or those mothers or
fathers that have young children there is no affordable housing or very very
little no really affordable housing in Denton there's very few very little
supportive services for families with very young children and the struggles
that you see families to go through to receive services it's exhausting and we
have seen a rise in the number of families in the streets of the families
that are living in the cars in January our Street Outreach team saw 13 so in
2021 they would typically see about three or four families a month and it
living in cars and in January it shot up to 13 and then in February they saw 14
families that were different than the 13 unduplicated families and in March there
were 31 and those are the families that they spoke to those are the families
that they were able to engage with it doesn't necessarily mean that those they
didn't get to everyone and so the numbers are growing rapidly and the need
and the problem is severe and we only expect it to continue to rise our
solution is left first this is a program as Amy had mentioned it isn't unlike any
other site across the United States it is unique and we do have that 30-day
minimum lease for families to engage in our community and our rents for families
would be half at the market rate we will have breaking those barriers that have
been identified for families providing they've got barriers if they don't it
can't get jobs if they don't have child care we'll have a child care center on
site we'll have transportation transportation partnerships we will
have a community center to help with our life skills classes we provide life
skills help them with education grow their education grow their parenting
skills grow their ability to engage in life to finance to manage their finances
budget all of that will be on site and then as I had mentioned our our signature
kind of rise with grace management program and everyone within the pro with
on that's living on site will engage in that program it's a two-year intensive
seven-step program that does walk along with the families to ensure that they
are no longer at risk of poverty or at risk of being homeless and we have at
least an 85 percent graduation rate for those families that engage with our
organization in this program thank you thank you she got the fun part I get the
boring part just to walk you through quickly the elements of the zoning
change and we are going from our seven to PD with an in-man zoning and one of
the primary reasons for that is the introduction of three new land uses the
transitional housing use the amenity center gets clearly defined here in
terms of who that amenity center is for and then the recreational amenities
associated with the development and the PD standards are do include increased
setbacks and enhanced streetscape in order to pull with this particular
property we want to have a centralized kind of community interior facing
community which is a little bit different than the typical development
standards you would see in mixed use zoning where you want street buildings
pulled right up to the street so we've we've tried to address that consistent
streetscape by pulling some some enhanced landscaping up to the street to
give that sort of closeness feel so that when you walk from one property to
another it doesn't just seem like it just drops way back and there's nothing
back there so we've we've worked closely to address the orientation of the
residential units so that they they're oriented in in a fashion that is
inviting to bring people out and to get to know each other and to have immediate
access to the many site amenities and then we have design standards associated
with what that both the residential uses and the non-residential uses will be
required to comply with very quickly we'll have multifamily units two large
multifamily buildings I say large there I think they have eight 16 it's 16 units
total and then we have duplex units and most of what you see on site are single
family units and you can see here the unit mix is mix of two three and four
bedrooms and then we will have one parking space per per unit as that is a
part of the standard that's set in the PD code the commercial parking spaces do
comply with the base DDC the other land uses that are near the front of the
property would be the child care facility the offices and the amenity
center and just very quickly I want to point out a couple of the site
amenities we do have community garden a mixed sports court area playground with
play equipment and event lawn and that center as well as trails that wind back
through the part though they will connect back through to the Parks
Department and management of the the floodplain area to the south in terms of
landscape and tree plans we have exceeded what would be required with the
immense owning with sixty percent tree canopy coverage and double pervious
coverage versus what would be required fifty three percent tree preservation
the street scalp scape elements that I mentioned previously and then we've left
some options open to explore a development agreement with the Parks
Department to provide trail connectivity to the south both for the residents to
have direct access to that future park system just very quickly you can see
here the the conceptual elevations for the residential uses we've tried hard to
think about things that the residents can that will that will help pull the
residents into the community like covered front porches and orientation
towards the site amenities here's a rendering of what the non-residential
buildings would look like the development will be constructed in
phases with phase one being towards the front of the property meaning closer to
McKinney with a handful of the residential units going in first with
the amenity center and then the non-residential uses would go in to be
able to support the residents and clients and then the future phases would
move to the south of the site and that is really I have happy to answer any
questions for you thank you got it questions for the African staff
Councilman bet yeah I was first want to give a element of praise I've seen this
come at the elements of P&Z and a full disclosure I've talked with the giving
hope and Grace electric rain and and I what I've seen through the combination
of groups is is really an effort to for this particular property to make it a
community approach that blends both with the community and creates community so
I'm I've honestly this is a one of the better developments I've seen for this
region and honestly in East Denton in general I will ask a question and that
is given P&Z's ask to do any of the parties have a problem with what the
planning and zoning Commission have asked absolutely not and I think that
the intent all along was for lease agreement that runs concurrently with
their case management agreement which I think currently is a minimum of three
months however we've we've written it in to be a minimum of 30 days just to
provide future flexibility for the nonprofit if if needs shift without
taking it all the way back to where it would be a homeless shelter that might
just not have a minimum stay requirement and then as it relates to the way the
wording was changed with the 24 months as well as the kind of the definition of
who would operate it in the future that was really our understanding the intent
there is to provide clarity for future councils when there's a PD a proposed
change to ownership and control and and how would that be regulated and so it
has no impact to grace like rains operations and fits perfectly within
their their program plan so whoever ends up getting to the buzzer and it looks
like council armature got to the buzzer first dammit and if they were to a
motion to approve as PNC and staff recommendation you guys would be okay
thank you okay yeah I'll just speak briefly to say I remember when this was
just an inspiration when y'all were over at the first refuge office and hearing
flesh out a little more over at access realty and I'm just delighted to see you
get to this point I'm glad you have this visit helping you help this getting to
this stage helps with the fundraising to get get it constructed also I applaud
that merger with a care provider so it really completes that you know the
approach councilor Davis in the spirit of our conversations earlier I'm proud
to be a donor to this organization and I hope that my colleagues will join me in
in supporting this project financially they need every dollar they can get and
if somebody could please give us the website so folks watching at home know
how they can support it as well well first of all thank you council member
back for drawing attention to the notion of community because that is absolutely
at the core of what this the left first is about because of the inspiration for
it was around community to be successful folks need community to get through life
together everyone here who is successful has community and when you're at risk of
being homeless or are homeless you lose that and so this village in this
community provides that opportunity for those that are needing it most and so
councilmember Davis thank you for supporting us financially as well as
giving us a plug so we are www.gracelightglrtx.org so thank you
www.glrtx.org awesome council member Burke you know I love love and this is
just like you know I'm just all in the neighborhoods and communities and
families growing kids just want to let this young lady know that I I heard you
loud and clear just thinking about my own family and some things that we've
struggled with my my family in Houston growing up in the situation I'm very
proud of you I am I really am are you guys gonna be using any kind of
renewable solar air water renewables or anything like that to help you with some
of the utilities I think that it's probably a little early to answer that
question and may partially be contingent upon the capital campaign and you know
just the ability for the nonprofit to be able to make the funds go as far as
possible I think we've worked hard at looking at native and adapted species
and you know try to try to take a natural approach to the design of the
development as a whole but to my knowledge there have been no direct discussions
about solar or anything like that okay also I just wanted to clarify this the
stay them is there did I hear that there's like a 24-month I was trying to
capture some of your conversation there so there is this a permanent stay 24
months it's a transitional housing so the intent is to help the residents
become stable enough that they can move into permanent housing 24 months was
added as a as a part of the definition by P and Z to just provide some kind of
tightness around what that meant transitional versus permanent okay so I
just want to make the clarification as Amy mentioned at the planning and zoning
Commission there was some wordsmithing at the dais and so that language was
added into the transitional housing definition so it's different it's
different from the staff recommendation so I'm just gonna I'm gonna put it on the
screen just very quickly so it highlighted in red on the screen this is
what P and Z added with their recommendation to have that that that
timeframe included in there so it's a 24 month period or longer depending on how
how the how the operators is trying to serve each individual family and their
needs and then staff had the additional refinement if desired to have the
minimum length of stay added so there's quite a bit of definition changes
there's the original definition proposed the definition proposed by planning and
zoning and then a possible third definition that would have more
refinement so I just wanted to make that clarification
counselor amateur yes so I just want to say just what a beautiful community this
is what a beautiful idea this is and having seen it in the development for so
long I'm just so grateful to grace like rain and to you know private partners
for partnering with you and I'm just really proud to make a motion to
support it so when it's time for that I'm ready okay yeah I'll take that
Councilman McGuire I was a motion-made what I'm sorry sorry did Councilmember
yeah I just you know want to echo my colleagues support for this project this
is so exciting and so wonderful and so beautiful and we we've spoken a lot
because of course homelessness is is a really urgent issue in our community and
we've spoken a lot about the diversity of people who are experiencing
homelessness people experience homelessness for all kinds of different
reasons and they have all kinds of different needs and the junction is
going to do a lot to meet the needs of some of those folks we're going to be
talking in a couple weeks about the potential for a different kind of model
for a different kind of tiny home village that would serve a different
group of people with a different group of needs and I'm so thrilled to see
this project to serve yet another group of people with yet another group of
needs and I think that just that the more different projects that we can have
like this to provide a diversity of services is so wonderful so I if
there's a motion on the floor I second it can I just say so I didn't get to in
making the motion to state that my motion includes the staff
recommendation which is the tweaked planning and zoning recommendation okay
thank you yes I second that thank you Jason can you come down for a second
please I just want to it's my buddy I Jason with Alison engineering group yes
anything you want to add or just I just want to I just I appreciate you being
here I mean from an engineering standpoint yeah I'm a fan of your work
water gets there sewer will go the right direction I'm happy to answer the other
questions but it's been a great team and it's been a great okay great project
very good thank you just wanted to just want them convenience a little bit
because I because I like you all right okay well thank you very much again
great project and I forget the name of the event I went to but it was amazing
there at that on the power corner there it served in just kind of a very
insightful so thank you for continuing to educate the community on on what
you're doing the challenges and thank you very much to your entire team so
with that we have a motion by councilman armatures second by councilman McGuire
I'm gonna close the public hearing and any other discussion seeing none let's
vote on the screen and mayor while you're doing that we're still having
technical difficulties with our call-ins and so the staff will record any caller
that might have had a voice of yes we like it or don't and we'll pass it along
to council thank you great thank you and that passes seven zero
good luck with your project that takes us to our second public hearing that's
so that's item B ID 2 2 2 5 5 hold a public hearing and consider adoption of
ordinance of the city of Denton on adopting standards of care for
recreational care programs administered by Denton's Parks and Recreation
Department and I'll open a public hearing good evening mayor city council
Nikki Sasseness assistant director of Parks and Recreation each year I do not
have a presentation each year we are required to bring the standards of care
to council for review and adoption by adopting the standards of care we are
exempt from state licensing to operate our youth programs our summer camp and
our after-school programs these standards set forth the minimum standards
by which we operate our programs and guide those programs as well there are
no substantive changes this year we did make a change on the suspected abuse
reporting that we are required to report suspected abuse and file a report with
the Department of Health and Human Services PD has requested that anytime
we file a report we also file a report with PD and so that they're aware but
that is really the only change and that is on page 5 if you wanted to reference
it the Parks and Recreation and Beautification Board did review the
standards of care at their meeting on March 7th and did recommend approval and
I'm happy to answer any questions now or during the public hearing okay any
questions for staff let's see see none anyone from the public care to speak you
just need to fill out a card afterwards anyone want to speak on that see none
okay great I'll close the public hearing counselor McGuire I move to adopt the
standards of care is presented thank you counselor Beck I second thank you
motion by counselor McGuire second by councilmember get back any other
discussion okay let's vote on the screen
great thank you thank you Nikki for for all your help takes us to item for it
item for individual consideration first thing is item a which is ID 22559
consider adoption of the ordinance that direct directing the publication of
notice of intention to issue to 20 million five hundred seventy thousand
dollars in principal amount of certificate of obligations of the city
of Denton for general government and solid waste projects good evening Randy
Klingle treasury manager within the city's finance department mayor
husband if you would also call the next one 560 I have one presentation for
both certainly so that's item B which is ID 22560 consider adoption of the
ordinance directing the publication notice of intention to issue 120 million
nine hundred fifty thousand dollars in principal amount of certificates of
obligation of the city of Denton for water works and wastewater systems and
electric systems projects thank you I have a brief presentation about the
notice of intense for our upcoming bond sale occurring this summer the purpose
of the notice of intentions are required by state law subchapter C of the state
code for certificates of obligation act stating that we need to publicly show
our notice of intent to sell CEOs the notice must be published in a newspaper
a general circulation so we'll be doing that in the Denton record Chronicle as
well as on our city's website the publication must be published once a
week for two consecutive weeks so we'll be getting that in about April 14th I
think is the target date later coming back to you in a couple of months will
will be required to execute a bond ordinance or parameter ordinance they're
kind of go hand-in-hand sometimes we call it a bond ordinance sometimes a
parameter in ordinance and that will be authorizing the sale of the CEOs most of
the presentation is of the project list that goes hand-in-hand with the CEOs
those are also in your agenda formation sheet listed out I will not be reading
those by line by line but you can see those there also they were part of the
budget process so there's no new items here that you have not seen before so
the first item is the general government projects which includes internal
services general government items and the solid waste department so the general
government CEO will be a total of twenty point five million dollars from there we
move into our utility CEO program which is the water department their projects
here will total twenty three point four million dollars wastewater has a long
list and they will take up two slides so slide two will give you the total at
forty four point two and lastly for the utilities we have electric which is
fifty two point nine for the CEO cell which gives you a total for the
utilities of a hundred and twenty point six million dollars in all for a notice
of intentions we have the general government at twenty million five and
then the utilities at a hundred and twenty million point six with a total of
CEOs or a hundred forty one million a hundred sixteen thousand five hundred
fifty four dollars so that is in line with your budget again like all these
items we have presented today are in your budget next step is in June to come
back with the parameters ordinance I discussed earlier bond ordinance
parameter ordinance and that that time will bring the geo bond sale and the CEO
bond sale together with a final project list most likely this numbers will
reduce the departments are working feverishly to really fine-tune what
their needs are for the end of the fiscal year and what they can spend and
what they have so most likely this number will be reduced and then in June
we'll have the sale and then we will receive proceeds from the bond sale in
the end of July and if you have any questions and if you have any project
questions I believe we do have staff here as well okay
councilman bett thank you and just to that last point this is the ceiling of
approval if we can come in under that then that's that's what you were
referencing and so that I just making that clear and oh I guess the other
thing I want to make clear and again you stated it but this these are already
items that we debated and the part of the budget and that we're we're seeing
for like the end time honestly okay any other questions for staff seeing none
I'll take a motion council member bett I move approval cancer wire a second okay
we have a motion by councilman Beck second by councilman McGuire any other
discussion and just to be clear this is item a we'll take them one at a time so
this is item a and no questions let's vote on the screen that passes seven zero
takes us to item B I'll take a motion counselor back I move approval of item B
okay and there we go councilor McGuire a second second by councilman McGuire so
a motion by councilman Beck second by councilor McGuire any other questions or
discussion seeing none let's vote on the screen
that also passes seven zero thank you very much I appreciate it takes us to
item C ID two two six zero three consider adoption of ordinance of the
city of Denton Texas the home rule municipal corporation authorizing city
manager execute a contract with Texas materials group ink DBA Texas bit for
construction of the southeast didn't package a project good evening mayor and
council my name is Seth Garcia I'm a program manager with capital projects
I've got a brief presentation for you tonight for the construction contract
award for southeast didn't package a so this package is associated with our
neighborhood rehabilitation program which is funded through the 2019 bond
program and then our utility funds as well so just a quick update on the work
that our groups doing in South East didn't so we have the entirety of
southeast didn't broken up into two packages the first package being the 22
Broadway segments that you're going to see tonight for the construction contract
and then the second package being southeast didn't package B which is the
remaining 51 Street segments we're currently at 30% design on that and
working for our first construction manager at risk project for horizontal
we are taking that overall holistic approach to neighborhood construction so
we're attempting to make multiple improvements including replacement of
the water and wastewater infrastructure as well as sidewalks at the same time so
these segments were associated with the 2019 bond so they're selected based on
condition as well as kind of adjacent water wastewater projects that needed to
happen at the same time I did want to plug our next community meeting for
southeast didn't so this will be for both package a and package B that's going to
be April 28th at 6 p.m. at the MLK Center and of course we will have
additional public meetings as we move through construction with package a and
package B so quickly for the project at hand package a we are proposing full
street reconstruction for these 22 segments as well as replacement of the
aging water and wastewater mains associated with these 22 segments we're
looking at some improved sidewalk connectivity so we do have a few areas
that had sidewalk gaps so we're closing those gaps to provide some more
pedestrian accessibility as well as correcting non-compliant ADA ramps we
are instituting some traffic calming measures so currently on Mill Street
it's about 40 feet wide so we're instituting some bump outs that's going
to make it around 30 feet wide to hopefully decrease speeding there on
that wide roadway so this project was bit as a CSP we did receive five proposals
after evaluations of our team we felt that Texas bit was the best choice for
this project and their total base bid was just over 6.3 million dollars so it's
a very very close scoring there quickly on the schedule so we did make a
commitment to the community and to a few of you to have this project designed in
advertising by the end of 2021 so we did meet that promise it began bidding in
December of last year we are anticipating with the word of the
contract tonight that construction will begin sometime in q2 2022 we have it
within the contract that there will be 365 days for substantial completion so
that would put us at a date of q2 2023 for substantial completion and of course
that's kind of weather dependent so with that staff is recommending approval of
the contract with Texas bit and the amount of 6.6 million and that is the
base bid of 6.3 million plus the 5% contingency okay thank you very much
questions for staff seeing none councilmember Davis oh hold that councilor
bet the two questions really thank you mr. mayor so given the timeframe you're
starting here we're not too awfully far from the end of the second quarter we're
able to break ground this quarter yes so our contracts typically say that we can
issue a notice to proceed within 30 days of execution of the contract so that
allows us time to get bonds and insurance processed we then hold a
pre-construction meeting and from the time that we issue that notice to
proceed essentially time starts so whether or not they're breaking ground
the city does have the option to say we're starting May 30th and that's when
actual contract time begins I mean I think we'd all rather it be earlier for
these folks rather than later because they've waited for their streets for so
long I do have a question in terms of the the integration with the speed
study because you we brought up traffic calming are we gonna have enough lead
time that you can design traffic calming in line with whatever comes out of the
speed study here it's shortly it's soon but I mean I don't want to the I'll give
context while she walks down the reason I'm asking this question is I don't
want them to not be able to take benefit from the speed study as we design their
roads and that's where I'm coming from in this question sure so first thing I
also wanted to talk about on the first question that you had I understand q2
may be a little bit confusing we actually go by calendar years and not by
fiscal so q2 actually hasn't even started yet okay so we're very we're four
days five days into q2 okay so but as far as the speed study goes and there
are certain roadways that are being studied within the entire geographical
area of Sedna but keep in mind that the majority of the roadways that are being
studied are not residential streets so there are quite a few streets in this
area that will not be studied due to the fact their residential streets okay
thank you absolutely there for Tim yeah thank you a couple of questions is the
public meeting on the 28th is it is it purely information out or is that in any
way an opportunity to determine are there going to be whether there's going
to be access in and out possible during all this construction right one of the
things that I feel like I've learned here is people hate streets being fixed
almost as much as streets not being fixed so yeah can you address that yeah
absolutely so it is going to be informational so we are going to have
representatives from Texas bit they're talking specifically about southeast in
package a the things that they're going to see through construction everything
from detours to water shutoffs to just normal construction activities so we're
really wanting to be a partnership with the community so when they see my truck
when they see Texas bit trucks out there they can go up and say hey I need to get
out of my driveway I need to be able to have access what's going on with street
closer so we definitely want to get that information out to the community and
this is going to be kind of the first touch point with the contractor to
encourage that relationship we're also going to have members from our design
team and our C MAR for southeast in package B at this community meeting so
it's going to be a two-fold community meeting we try in our group to do one
community meeting at 30 percent design one at 90 percent design and then one at
construction kickoff so since we had both kind of milestones lining up for
both projects we're going to bring the whole community together because it's
going to kind of impact all of them so we are anticipating to be able to give
that information and of course be there to answer questions anything that we
need to appreciate that in my second question I confess to having a little
bit of difficulty decoding the I'm sure very thorough grid of this block from
this street to the street just to answer the question if you can do it now great
if it's a follow-up that's fine too obviously I'm gonna be supporting this
but but I would like to know if at the end of all this we will have addressed
any kind of traffic coming on Lakey Ruth Morse and Curly like I said you don't
want to you know can't nimbly pick it up now that's that's quite all right we
could do it after so I can say quickly with these two packages we're not
actually touching any of those four street segments other than a small piece
of Morse at Lakey just east of the DCTA track but I'll let miss Becky answer the
rest of that not as a part of this project but you are gonna see another
project come before you here in just a second when Nathan presents that's a
part of the DCTA trip submission that we've added and so when he does that
you'll see one of the projects which will be along more Street that we've
actually are gonna submit as part of the trip application and this is why I was
asking for kind of a holistic look because it's broken up into three things
and so it'll probably be helpful for you to see what's done and what's left to be
done but that have to be done tonight you know the response doesn't have to be
tonight sure thanks do that Councilman Burke I would just say as a
representative of that area and coming to the meetings that you all have held
you all have been very thorough and I appreciate all of that and I just if I
can share that smile that you have on your face I'm very excited about this
prospect of us moving forward in that area and getting these roads done just
a quick comment thank you thank you we're excited to okay any other
questions seeing none I'll just I'll just say this briefly I mean yeah I'll be at
the meeting I'm curious I'm I'm biased I'm really interested to see what y'all
are gonna do with Hill Alley I know yeah yeah that Hill Alley because there's no
out like what do you do half it anyway we'll talk about it that day but I'm
curious how that's gonna work but really excited about it for again for the
neighborhood and just all the things that have come together at the same time
and and I will tell you miss Betty said she was glad we weren't working on Lakey
when I talked to her she's she's miss Betty and miss Cole they're like no we're
we're good so anyway okay well counselor Davis very happy to move approval and
I'll second and any other discussion this vote on the screen
passes 7-0 thank you very much thank you that takes us to our last individual
item for consideration and then we have a public speaker after that and then
we'll do concluding items so this is ID 22629 consider approval of a resolution
of the city of didn't authorize in the city manager to apply for funding under
the Denton County transportation reinvestment program good evening mayor
and council Nathan George capital projects engineering very pleased to
bring this proposal before council this evening so I'll walk you through a quick
presentation try to keep my remarks brief and give you an opportunity to ask
questions you're my favorite I'm gonna do my best thank you sir all right so
trip this is the second year program application excuse me go back for this
program so this is the same slide effectively that was presented to
council last year when when this program came forward effectively we received back
funding from DCTA as part of a grant program that's a reimbursable program we
get back 15% of their net available fund balance this year the allocation is a
little over three million dollars three million seventy four thousand five
hundred seventy eight a couple items to that will walk through the specific
project recommendations but they need to be located within the city within you
know our areas around our transit served portions of the city and the projects
need to be specifically located nearby our fixed route or our rail station so
there there are some specific location parameters that DCTA looks at to make
sure that we're making these investments around their their transit facilities
and then they also are looking for us to make fiscally responsible decisions with
these funds so that's just a couple items that we have taken into
consideration and I'll walk through a little bit more background on that on
the next slide so the trip application timeline staff started early working on
this process October November last year we we met and screened potential
candidate projects we put together a presentation of our recommendations and
presented that to mobility committee now walk through some considerations from
mobility committee and what we've done since that time on the next slide on
January 27th DCTA issued their call for projects and then staff worked on some
consulting with the CTA to make sure that our project recommendations aligned
with with what they were looking for and also the guidance we've received from
mobility committee then we are here this evening to present to council for
resolution and we'll be submitting on or before May 2nd so a little background on
what's happened since December since we've met with mobility committee one
of the big questions that we received was the applicability of the go-zone or
on-demand transit service as a factor because that outweighs some of the
geographic considerations if we consider everything in goes on to be a potential
applicable project staff did consider two of the projects that were goes on
only served and one had a realignment of transit service and we felt it was it was
best based on some changes in other projects other capital projects that we
have ongoing and also just trying to better align geographically our
recommendations with current fixed route transit service that we would remove two
of the projects that we presented a mobility committee so those were a
sidewalk project on parvin and a sidewalk project on Windsor Drive those
will look at under our sidewalk work plan so the projects not going away it's
just been removed from this call for four projects and then we took that
funding reallocated in into other projects so the first is the Union
Pacific railroad quiet zones projects in downtown so that provides sidewalk
improvements as part of that project and then also it ties in with the the said be
southeast end neighborhood be providing some enhanced sidewalk connectivity as
part of that project so that was one major reallocation of funding the other
was a project that identified as part of the bike lane CIP to do a road diet or
a an on-street trail on Moore Street and I'll walk you through what that will look
like in just a minute then in our communication with DCTA we also
understood that they would like to have fewer project applications and we had a
big sidewalk program that was made up of all these different sidewalk 2018 and
2019 sidewalks which is just how we had them broken out in terms of plans so
we've bundled those because that's a bit easier for them to administer as one
application so here's our recommended funding requests I'm going to walk you
through each of the seven projects we have the estimate for each of the
projects our city committed funding that would make up the difference between the
trip application and what the overall project would cost so a little over 48
million dollars worth of project costs will have that three million dollars
that will supplement the city's funding of a little under 45 million dollars so
these are some pretty big projects and a few that are not so big so to walk you
through really quickly the specific projects the first is Mayhill Road
extension phase two so this is the bridge that will cross over the DCTA it
provides really great sidewalk connectivity improvements in the area
around Edwards Road Colorado and Mayhill so that's a really good enhancement to
the sidewalk network in the area of the Med Park a train station so we felt this
was a very strong project to put forward and it will provide really great
enhanced sidewalk connectivity on the east side of the a train station
primarily due to its connection into the rail trail that runs along along the
rail line it's a five hundred ninety two thousand five hundred dollar
recommended request on a roughly twenty three and a half million dollar project
so it's a very big project and we're recommending a small amount of funding
going towards those sidewalk and trail enhancements in that area southeast
Stanton a is the presentation that you just heard so this is a project where we
had opportunities to do some sidewalk connectivity improvements they also
provide some traffic calming benefits for that that project bundle they're
already included in the design so that's already been completed it's a small
funding allocation over all of that project so seven and a half million
dollar project we're requesting eighty two thousand five hundred and that will
cover the costs of those sidewalk enhancements as part of that project we
thought it was really necessary to include these projects in in the funding
request because it shows that commitment to this neighborhood and also the
commitment to make these sidewalk connectivity improvements in that area
southeast Stanton be likewise we had opportunities to put in curb ramp
sidewalk gap improvements and then with the revisioning of what was going to
happen with the quiet zone project we included some additional sidewalk that
was worked in early this year to this request so that's fifteen and a half
million dollar projects we're requesting two hundred twenty eight thousand seven
hundred fifty for that project the Union Pacific Railroad quiet zones this is the
project that I referred to as the most important project in this application
these are the most significant gaps we have between a train station in downtown
and downtown so this project will significantly enhance bicycle and
pedestrian access across the railroad in downtown projects nearing design
completion a little over two million dollar project and we're requesting a
little over a half million dollars in trip funding project that Becky felt
very strongly we needed to look at making improvements around was where we
had missing sidewalks along loop 288 providing sidewalk connectivity between
the junction our daily bread so this is a project that we felt was necessary to
put forward we did receive a question about text dots acceptance of us going
in and making these improvements and provide a clarification that they have
no intent to do work in this area we're so based on that direction it feels
appropriate to pair this application along with the construction of those
facilities so that's a project that we put in a full request three hundred
sixty thousand dollars to cover design and construction for this specific
project it's a standalone that didn't have any CIP related funding because it
was a text that gap so we felt it was necessary to put that forward in this
application the downtown sidewalks was the project that was a grouping of
different sidewalk designs we've bundled them for this application but it's
effectively a lot of different gaps in downtown that would be constructed as as
part of this portion of the application it's a large percentage of the the
funding we're requesting in this case so 1.2 million dollars a little over that
for design and construction where we'll primarily be using that funding for
construction and it's a little over a million dollars for for that effort then
the final project this is one that we heard a lot from council member bird
about concerns that the communities expressed in this area about speeding on
Moore Street I've experienced it myself I spent a lot of time exploring
opportunities in that corridor and felt we have a good opportunity there to do
an on-street trail something that we could do pretty quickly at a low cost
near the street provide those traffic calming benefits provide improved
connectivity from the neighborhood into the DCTA rail trail so there are a lot
of benefits to this project so as I said relatively low cost about a hundred
ninety two thousand dollars and we're requesting 167,500 for that project so
those are the seven projects happy to answer any questions you may have on
those in terms of what are our next steps we're here to receive any
direction that you have and address that we're requesting resolution to put this
application into DCTA so we can meet the application deadline again that is May
2nd well once we have authorization grants management office will submit
that funding application to DCTA and then as as we start spending those funds
will be submitting for reimbursement and with that I'll also highlight the DCTA
will meet on the 16th to formalize their recommendations and then sometime in
June we should hear back in terms of the resolution of our application that all
stand for any questions Councilmember Guara thanks can you tell us more about
what exactly you mean by on-street trail for Moore Street are we talking about
like a protected bike lane or yeah so that's I'm referring to it as an
on-street trail because it allows us to consider it as a bicycle and pedestrian
facility as opposed to being a bicycle only facility so along Moore Street we
have sidewalks predominantly on the north side of the street and then we
don't really have much on the south side of the street so the idea would be that
we we create an opportunity for people to travel on both sides of the street by
putting probably by putting the facility on the south side of the street and it
gives kind of a bike ped connection that would be separated from traffic with
bollards or some type of vertical material but it would really be just
you know taking that road space and repurposing for travel by people outside
of a car and making sure it's segregated so it feels safe provides good
connectivity it would be continuous from the rail trail to Woodrow so it would
provide a really complete connection we're not talking about anything that's
like at a different grade from the roadway it would be the same surface as
the roadway just separated with bollards correct it would be bollards paints and
potentially other materials but certainly things will be low-cost quick
to implement and then potentially with some painted curb extensions at wide
intersections we did so mayor pro tem we did or I did speak with PD about some
concerns that we had over towards the a train crossing and understood you know
some of what you were referring to there in terms of like safety and
intersection and you know this project intentionally will narrow the street so
it's two lanes to make the street feel more self-reinforcing in terms of speed
but still making sure that we have a wide enough street to accommodate some
parking on the street there's not a lot of evidence of folks parking of it would
be traveling in each direction an ability to park on the street okay
counselor Davis thank you mayor just a couple things big thanks to staff
current and former who are instrumental in developing this program we're going
to DCTA and and getting this program developed so we can kind of claw back
some of the dollars that go go to their coffers but could be put to a better use
make sure people can actually get to bus stops that we have especially folks with
mobility challenged who really need to be able to get to that bus stop and don't
have a way to do so safely and that segues to my plug for the East McKinney
project anything we can do to bump that up the queue I would greatly appreciate
just about every day on my way to work I dodged somebody who has to walk in the
street because they cannot walk through a fire hydrant or telephone pole or we
have not provided facility for them to do that and folks who are mobility
challenged basically can't use that road on that stretch of East McKinney Street
think everybody knows what I'm talking about so my little plug to move that up
if we can you know I can't speak to the first point because that was before I
was here I can't tell you McKinney has been probably one of my most one of the
areas that I feel needs the most focus from a pedestrian accessibility and
safety perspective and you know excited to see our capital projects move forward
in that area this does include some sidewalk construction on McKinney but
closer to downtown. Councilman Beck. Thank you Mr. Mayor so excited to hear about
bollards Becky I'm just teasing Becky a little bit about flexible bollards I
will make the point that I really in addition to his plug but I'm gonna plug
for this exact program I think we've all been a little concerned with the
junction coming online in December I'm super stoked that you guys you know
sort of hopefully we've got all the approvals we need we're gonna put those
sidewalks in because you know people already move it up and down that that
verge up and down 288 so whatever we can do to make that safe for people without
vehicular access I know we're gonna have vans and everything else but they're
still gonna walk to and from the junction so the as much as we can do to
make that safe I'm super stoked you guys are focusing on us that's thank you. Yeah
I'll give all credit to Becky she felt very passionately we needed to include
that project so and I was happy to include it in this submission. Councilor Armitage.
Okay so I'm gonna ask a question that I think I know the answer to but a member
the public messaged me and I just want to make sure that what I told them is
correct my answer so this person expressed concern that that these trip
funds applied in this way might have something to do with enhancing go zone
making go zone more permanent it's my understanding that this has nothing to
do with the go zone and and micro transit is that correct? I would say
that's correct it goes on actually makes this a very challenging grant request to
administer because typically we want to make these investments in a very
targeted fashion around transit assets so bus stops the train station making
connectivity improvements around those facilities with uncertainty with how DCTA
is going to move forward with the operating transit in the city I would
say there were opportunities that we could not take advantage of in this
request because we we just have uncertainty that those investments would
relate to transit enhancement so our focus this year was what improvements
can we make that improve sidewalk connectivity in areas that are you know
good centralized locations for pick up and drop off we did look at their at
their go zone heat map the the utilization that kind of gives us an
idea of what areas they're seeing high go zone activity in clearly downtown is
one of those areas but you know we wanted to see if we saw both our transit
assets and go zone activity as strengthening the recommendations but
in no means does this program have any bearing on go zone strength or weakness
or success excellent and thank you so much and sure because and like you said
with that in the case of downtown you know even without go zone that's a
transit hub anyway so yes so I don't see any of that reflected in their plan I
just wanted to say that for this person and anyone else in the public who might
be concerned about it so then just my own question so these trip funds how how
much is this the last shot that the city had or that any member city has it these
trip funds can you kind of speak to just you know trip fund availability I
remember is of this a limited there's a window on that program I'll confer with
Becky it's I'll refer to our grants office
good evening Laura Barons and Grand Administrator for the city this is a
five-year program and we're in year two of it and so we get a call for projects
every January and we have a set timeline to make the proposal for the projects
within that budget and so the budgets determined based on that funding
allocation that was in the presentation shown here just a little bit ago awesome
but we're two years into a five-year program thank you so thank you so much
so I'm going to going to support this because I like how these funds are being
used you know I I wouldn't support the existence of trip funds after this five
years only because I think that you know we need this money for for public
transportation we also need money to enhance to do what we're doing with
these funds but that's not what's on the table today what's on the table is what
we're going to do with these funds so I think this is excellent allocation of
these funds happy to support it thank you also had a question about the loop
28 sidewalks because I just want to make sure I understand it right it would I
think it's just sort of like a word Oh or a typo it says it's about sidewalks
between the junction facility and our daily bread facility that's the same
thing I think you mean between the junction facility and serve Denton is
that what that means yes okay and but you know it looks like you okay I'll
just like I take that answer thank you thanks alright any other questions see
none I just want to clarify one thing on McKinney just the other side of railroad
track so that's the south side where that telephone pole is now comes up
against the city parking lot so zeros cross a railroad track there's a little
patch of grass I talked to freedom about including that in the sidewalks do we
know if that is included in what you presented it's it's either in the
sidewalks for what we call the downtown sidewalks or it's in the quiet zones
project but that between the combination of those two projects that are both
presented here it will cover all the sidewalk along the south side of McKinney
okay great and you'll have the conversation with Moore Street will that
be at the same meeting on the 28th it's not contemplated as part of that
conversation I'm assuming that will be a separate conversation it will become a
standalone project while you're there on the 28th you may yes you may bring some
you know I like any just word to the wise yes so great okay so I'll move
approval councilman bird okay we have a motion by myself second by councilman
bird any other discussion is that is that you to speak okay just want to make
sure I'm not skipping it okay let's vote on screen
and that passes seven zero thank you very much okay now we'll go back to that
concludes our regular agenda but then we'll come back to the open session and
mr. Haddon you'll have if you can come down give your name and address you'll
have four minutes
good evening my name is Joshua Hatton my address is 1414 Auburn Drive Denton my
thanks to the city workers who have facilitated my participation in tonight's
meeting Karen and Monica and Ryan I'm a member of no bus cuts Denton campaign we
formed last year to fight back against former mayor Denton former mayor of
Denton Chris Watts's scheme to cut the DCTA bus routes layoff bus drivers and
take away low-income people's access to public transportation so that he could
pay tens of millions of dollars of our public funds to the owners of the New
York City based via corporation for its inferior inferior goes on service the
vehicle zone vehicles began circulating in Denton in September and we
immediately began to witness their unsafe driving after the CEO DCTA told
council that via reported that its goes on vehicles had been involved in ten
collisions and received one citation our campaign asked you not to simply take
via's word for it and to conduct independent research to verify via's
information mayor Hudson ignored our request but council member Armenter asked
the city manager ms. Hensley to follow our suggestion ms. Hensley refused
stating this request needs to go to DCTA and not the city of Denton staff because
of this irresponsible stonewalling by mayor Hudson and ms. Hensley we had to
take matters into our own hands and conduct the research ourselves all the
evidence that I describe in this section is available on our website no bus cuts
Denton org we acquired video recordings of 45 via goes on vehicles and their
license plates and then filed open records requests with the Denton UNT
TWU Highland Village and Lewisville police departments and the Denton
County Sheriff's Office for reports of all of their calls for service involving
these vehicles we found that the safety record of via's goes on was much worse
than the DCTA had reported to council during about ten weeks in Denton and
Highland Village and about seven weeks in Lewisville there were a total of 20
calls for service by police involving via goes on vehicles there are nine by
Lewisville seven by Denton two by Highland Village and one each for UNT and
Denton County Sheriff's Office 10 of these 20 calls were for collisions
without injury five were traffic stops there were two each for disabled
vehicles and a disturbance or suspicious activity one call was for a
collision with injury Denton PD's seven calls for service involving via goes on
vehicles occurred at a rate of about one every ten days and break down as
follows four collisions without injury two traffic stops and one collision with
injury two of these reports are particularly shocking the first is a
collision with injury in which a car carrying two female UNT students was
rear-ended by a goes on vehicle the report reads as you can see caller says
she needs ambulance now hit her head once an ambulance the second is a
collision without injury a hit-and-run in which a UNT and a TWU student in a
car were struck by a go-zone van which then fled the scene it was eventually
found after a search by police the report reads is new vehicle with DCTA
they should be able to track it clearly the people of Denton cannot trust
either the DCTA or its goes on contractor via to tell the truth about
safety you must overcome the stonewalling of Mayor Hudspeth and Ms.
Hensley and direct city staff to investigate the safety of vias goes on
immediately we also urge you to pass a resolution directing your appointee to
the DCTA board to advocate strongly for the DCTA doing the same for the whole
system Chris Watts has unleashed the harmful via go zone on our community
Denton City Council must perform its most basic function by taking steps to
protect us from this threat okay councilmember has a question yes so
thank you for coming before us and for all the work that you've done in getting
this data I hope you will be able to send this presentation you know and any
other data that went into this presentation to council and to make it
publicly available I'm assuming the customer is it's on our website www.no
bus cuts Denton org okay it's all there okay thank you thank you so I haven't
had to but you know it might also be a good idea to email it to us I will write
down you know check the website and I will but it's good also to have it on
a public record you know that you've done this to get it to us as many and
the public as many different ways as possible so these figures are alarming
and upsetting to me I must say they're not surprising you know number one it
heard anecdotes even before we implemented goes on about these kind of
situations at other in other cities not it is not a problem with micro transit
in general but with privatized contracted micro transit and I think what
you're we're seeing at no I don't think I know that this problem with the lack
of transparency that how difficult it is to get this information from you know
from goes on from DC to a even from the city is due to the fact that this is a
private contractor so actually these although I do support your this
investigation and resolution I would be happy to just get rid of goes on based
on this all together because this confirms for me why we can't contract
public public transportation which is a huge public safety issue to a private
contractor if it was just DCT effort since if this was a situation with the
buses which it's not but if we had problems with buses getting in
collisions and hit and runs with buses DCT a would provide us that information
you would be able to get it so I don't you know I don't know if I mean it
doesn't doesn't really matter but I'll just say I don't know if you were
stonewalled so much as I think that the you know but by individuals so much as
the and maybe were but that the whole situation is is a big stonewall to
transparency if that makes any sense you know but but thank you for this
information and I will happily put forth that resolution proposed
investigation somebody needs to be doing this investigation I think DCT a should
be doing it I think goes on should be doing it but
they're a private company we can't dictate what they can do but we can
dictate if we want to you know DCT a if we as a city think or at least our rep
can that we should be doing business with them so anyway that's my two cents
member - yes thank you thank you for coming and for the work you've put into
this already as I've said to you privately and as I've said at Mobility
Committee we absolutely need detailed service level agreements with our vendor
to ensure vans arrive quickly with high standards for safety which sounds like
this is like sorely needed now and service level agreements on having
enough vehicles equipped to serve passengers with wheelchairs to serve
them as well as other passengers and the point of a service level agreement is
you know with measures with agreed how we get the information the point of that
is if our vendor they can either meet the service level agreement if they
can't meet the service level agreement then we have to be able to look at other
options including developing in-house capability I don't know that we have
that today but you know we these are the basics of providing the service so thank
you for coming before us Councilor McGuire thank you yeah thanks so much for
for speaking to us today I didn't have all the data that you have but I raised
similar concerns at our most recent DCT a board meeting about safety just my own
personal experiences with riding goes on I have very significant concerns about
driver training in particular there there doesn't appear to be a whole lot
of training happening for drivers what little is happening is completely
inadequate I completely agree that an investigation is called for I'm not sure
whether the city of Denton is the appropriate agency to perform that
investigation but I will follow up with you and I'll follow up with city staff
to discuss what options there may be to make that happen because I think you're
absolutely right that an investigation is called for here
councilman back it's well there wasn't a question that I heard pardon me there
was not a question that I heard so just Councilman back thank you mr. mayor yeah
I appreciate you coming out I've had similar training concerns I think
training might be something to add to to whoever is appropriate I share
council requires concern that that maybe the city isn't this city as a as a body
isn't the right entity but that as a stakeholder is part of the DCTA
community it definitely has pull and to make sure that the training is stepped
up and and made adequate to the needs of the community so I appreciate you coming
out and bringing some of these items to our for clarity
councilman bird thank you so much for being diligent if it hadn't if it's not
people like you that keep these issues in front of all of us as a community we
just don't know where we would be I'm not a big fan of privatizing public
anything if it's public it needs to stay with the public that is my that's just
the way that I appreciate you know all of us working together as a community
be a community and needs to stay on a community level not privatized I had an
opportunity to speak with an employee one day just it just happened to be in
the same space at the same time in the parking lot of the DCTA parking lot and
I got an earful and it was just simply not anything that was positive being
said although this is a very positive individual that of course raises a high
level of concern as to how in this person didn't talk more so about
themselves and what they were experiencing this individual talked
about the lack of care for the rider particularly the elderly people that that
they had to come in contact with so you know beyond saying that there's just so
much to work on on that it's just it's just even on next door app you all do
the next door app they can go all out on the services so much so that I've asked
them to look at why do we have out-of-town license plates on these
vehicles and they're not being served by the state of Texas you know by now just
those kinds of things that's just worrying people so again I appreciate
you bringing that to us and keeping it in the light we need it thank you okay
thank you very much have a great evening that takes us to concluding items and I
want to touch on one thing regarding Friday reports and just making sure we're
digging into those lots of answers there that are because city the six city
secretary staff and the city manager can correct me where I'm wrong is we're
getting several a lot more public information requests and then staff is
then having to answer questions or cut and paste from the Friday report to
answer council questions and it's just it's we're spread a little thin in the
city secretary's office to the it's we're up to 660 requests from beginning
of the year to now so that's only three months and so really really getting hit
hard in that department so any help you can give staff with just searching across
those PDFs on Fridays to see if your answers there would be appreciated and
is there anything I missed miss is there we try to answer a lot of the questions
in the Friday report and it isn't it's important if the council can please take
the time to read it a lot of our information or responses are in there and
then like we've always said any kind of questions that come to us individually
or through the CMO we're gonna put together try to get it back out but it
will always be in Friday's report at the last resort okay thank you
councilman armature yes so concluding remarks I'm going to be requesting making
a two minute pitch for that Medicare for all resolutions so thank you to Priscilla
you ever you know for putting that before us I will also be requesting and
not making another two minute pitch for this resolution and investigation from
no bus cuts with Denton so I hope they'll circle back with with me on that
make sure that I have the information I need and you know finally I just want to
say you know I understand that that as far as our can federal COVID funds
where that United Way is upgrading their system hopefully that will and hopefully
the result will be getting the relief to the people who need it faster and just
want to put in a word for just how how helpful it would be if everybody who has
applied for aid through United Way could get some kind of email just an automatic
email so that everybody has the same messaging because I'm hearing that you
know people are hearing different things from different people and some people
aren't hearing anything at all just to be able to send them an email letting
them know we're upgrading our system letting them know that there's a triage
system and that as I understand it that you know people who have notices to
vacate we've received notices to vacate are down to the top of the list I think
there should be that clear messaging I think it would save most of all the pub
members of the public who need to help but also you know the case workers and
and city staff a lot of time and work so anyway hopefully we can get that relief
into the hands of people who need it as quickly as possible because that that
money is there and we need we need to use it so thanks to everyone working on
that. Councilman Beck. Thank you Mr. Mayor. To this topic of staff
information the staff gave to me and I think they give it to us all but a very
helpful primer on on how to do laser fish searches with some some clear
guidance on a particular topic that I asked them to look up and I think if you
haven't read that I strongly encourage you to do that I don't know if that was
put together by Rosa staff or IT staff but it was it was it's really helped my
searching of both Friday reports and and just general documentation and they've
done a really good job of scanning and getting back a lot of this documentation
that's going back decades before the new system so that's honestly I've you may
have seen there's a lot less questions coming out of me because I've been able
to find those answers in old materials. Then I had two items for the well we often
put congratulations and announcements in the matrix so I want to commend the
environmental services and sustainability department because this
the TCEQ just announced that they are finalists for sustainable Denton and I
don't think they actually ended up winning the top honors but they were
really high up in the whole state of Texas for our sustainable Denton program
so I think there's congratulations to sustainable ability and environmental
services so I'm really really proud that our community is is leading
municipalities in in the in the state of Texas and then I will remind everyone
that the Red Bud Festival is coming up and full disclosure I'll be a judge at
one of the contests so I'm looking forward to to that immensely I think we
all have fun at the Red Bud Festival so thank you. Mayor Procter. Thank you I want
to make people aware that on Thursday at the Civic Center at 830 in the morning
there's going to be an event held by a group called dementia friendly Denton
County almost everybody will eventually have somebody in their family that
suffers from dementia and what this group is focused on is kind of helping
us train our community restaurants and so on how we can do things in a way that
are just more compatible with with you know some the likelihood that some guests
are going to be suffering from dementia I hope we get done with the agenda
committee promptly I'll pop over there yeah so you have there's someone in your
family that suffering from that or if you know others you may want to pop in
and see what they have to say okay anyone else okay I want to ask staff in
light of the technical issues we've had if we need to add just a question not
advocating but maybe a call at your own risk type thing on the agenda like if we
have technical issues or we we have had in the past or if you want to if it's
pressing especially because of with the frequency that we meet now I just don't
want anyone to miss a window because they don't you know it's just not you
know lots of moving parts on the phone system lately your thoughts yes sir so
we did have technical issues tonight and we're gonna be troubleshooting those
tomorrow and I'm gonna bet that we're gonna get those resolved and not have
any issues going forward but we can look at adding some language noting that
calls can be interrupted due to technical issues and make sure that
people are going into that knowing that this is a possible circumstance right
because it's a third-party service right so we don't really we'll have there's
only limited control we have over and so I just don't want I want someone if they
if it's like oh I gotta speak on this date I want to kind of give them fair
warning you know we can do that and we can also remind people that they have
other options including the e-comment and speaking in person as well yes thank
you very much I appreciate that and and then so I don't know that we'll be back
before so there's Easter a resurrection Sunday coming up and so that'll be lots
of stuff going on parks and local churches etc and so and then parks has
like a teen twilight like glow egg hunt thing yeah yeah that's really cool yeah
that's good that's good so lots of great things going on so please check the city
websites for that congratulations to Jalen Wilson the Jayhawks Kansas City
Jayhawks so he's from guy he's a guy kid that and so we're gonna try to see about
a proclamation for him and then unrelated but related my buddy's son big
pat son goes to Kansas he's plays in the band so just shout out to Big Pat's son
and then other things so later this week this is pretty neat that Brent Ryan from
the business school at UNT is receiving an award for the Horatio Alger he's a
Horatio Alger recipient really big deal and so that'll happen this weekend so I
want to congratulate him North Texas taste of North Texas was was really great
that event at Golden Triangle Mall I appreciate them being a great partner in
our community and then also went out to University UNT to read their University
Day proclamation and had a blast on campus a lot of great young adults there
and learned a lot and swagged and surfed love that song if you don't know it look
it up it's really good and then so want to thank the city manager staff parks
for the shade at Fredmore Park I know you've been working on that so thank you
very much for that for the softball fields so the softball fields the guest
area the scores table now have shade over them and so those amenities continue
to kind of again add equity to our city and then development services for the
the parking lot is looking great I mean that's that's really that's that's
really neat but what I want to say is and I meant to talk to the pedestrian so
that development services component if we could ask staff to kind of give us a
feed feedback on where or how we can encourage walking because that that lot
was empty and I'm gonna tie this into the to the community market so it's the
community markets super full right parking and so that development
services lot is pretty big and we can add people to have a walking a way to
walk there either to the square or also work on just different traffic service
around the community market to kind of help but that development service
parking great to walk to downtown just increasing that increasing that
awareness so very good well it's 935 and we'll conclude tonight's meeting thank
you