Jun 02, 2020 City Council on 2020-06-02 1:00 PM

All right, welcome everybody to this meeting of the Denton City Council on January 2nd, 2020. It is 2 o' 6 p.m. I apologize for us running late. This is our regular work session and we will move down through the agenda items. The first item on the agenda is citizen comments on consent agenda items. Do we have any comments on consent agenda items? I don't think we have any comments on consent agenda items. So we'll move forward. Request for clarification of agenda items listed on the agenda, it's my understanding Mr. City Manager did on 3A. We are pulling that. That's right. All right. All right, and then were there any requests for clarification on agenda items from the councilmembers? Councilmember Briggs? Well, I'm not sure. I'm trying to find out if Deb had any so that I could pull them forward while she's having technical difficulties, but I haven't heard back so. Well, what we'll do is when she comes aboard, if she wants to pull some of the consent agenda items, we'll certainly pull those or get any questions answered. So yeah, we're not going to do that. Okay. Yes. Councilmember Meltzer? Yeah. I'm just saying I communicated that to her. Oh, okay. Yeah. Okay. All right. Thank you. Okay. Then we'll move on to our work session reports. Work session agenda item three B because we pulled three A. Okay. Good afternoon, mayor, members of the city council. Can everyone hear me? Yes. This is Ethan Cox. I'm the director of public works for the city of Denton. It's my pleasure to walk you through this presentation this afternoon. Just as a little bit of background, as council may recall, we did present MMDs, operating agreements, project agreements, as well as other agreements that were related to the MMDs for the Hunter Cole Ranch master plan communities back in April. Council chose to adopt those, which essentially activated the municipal management districts for each of these communities. And so what we're going to be talking about today is the MMDs are looking to initiate their first meeting, these MMDs are governed by our board of directors, and so the council does have the option to appoint a director to each of these districts. I do have a few slides just in terms of background that I'll go through fairly quickly, and then I'll see council direction on whether the council wishes to appoint at this time a director to each of the boards or wait for a time in the future. So for today's presentation, I'll briefly hit on the MMD board structure, as well as the city of Denton board appointees and their opportunities to appoint, also talk a little bit about qualifications and disqualifications in terms of relationships and qualifications for the board of directors. We'll hit briefly on the powers and responsibilities and then take council direction. In terms of the district, the board of directors is basically charged with the management operation and control of the property belonging to the district. Each district has five directors that are basically elected by duly qualified residents, voters within the district. Because there are not currently residents within the district, there are five temporary directors per each board that were named and appointed as part of the district legislation. The city has the opportunity to appoint one director to each of those boards. Because we're currently dealing with temporary directors and the terms are four years, any appointee that the city identifies will basically serve until the dates that you see here on the screen, June 10th, 2023 for Hunter, June 14th, 2023 for Cole. In terms of the other directors that would be serving on the board once residents are in place that are adequate for voting, those five temporary directors would call an election and they would see to the permanent directors as elected by the residents. Excuse me. I'm getting a message from Councilmember Armitage saying that she's getting the message saying please wait for host. Sure. Okay. If we'll just wait just a moment. I believe our technical staff is online. If the host could let her in, that would be great. We'll wait just a moment. I can't see everybody. So I'm not going to know when she's on. Okay. Yes, apologize for the public, but if Councilmember Armitage could send to, I guess since you've been in contact with Councilmember Meltzer, the number that you're trying to call on so that we can make sure that we've got the right number for you. So let's take a quick five minute break until we can get the technical glitches out and we can get Councilmember Armitage on and we'll come back and reconvene the meeting. Welcome everybody to this meeting of the Denton City Council on Tuesday, June 2nd, 2020. I apologize for the delay, it is 2.43. Councilmember Armitage is attempting to join us and we thought it might have been on this end, but it determined it may be an internet connection or something, so I believe she's en route to try to obtain a better signal and as soon as she comes on, we'll certainly welcome her into the meeting. Councilmember Briggs, I think you had an item she wanted to pull. Yes, item E, please. On the consent agenda? Uh-huh. Okay. All right, do you know if there's wanting to be a presentation on that or we'll deal with it when we get there. It'll be an item for individual consideration. She should join us by then. Yeah, she said she had some questions, that's all I know. Okay, fair enough. All right. So, any other clarifications of agenda items? All right. We'll resume with agenda item 3B, which we started to receive a report, hold discussion of staff direction regarding the City of Denton appointees to district boards for the Hunter Ranch and Coal Ranch municipal management districts. Thank you, Mayor. Ethan Cox, Director of Public Works here again. I'm just going to take it from the top. So again, the City Council approved in April the formation of both the Hunter and Coal Ranch municipal management districts. So the item we'll be taking up today is just council considering whether to appoint someone to the Board of Directors for each of those districts. In terms of the responsibilities of the Board of Directors, they are responsible for the management, operation, and control of the property belonging to the district. As I stated previously, there are five directors currently serving as temporary directors in each of the districts as appointed by the state legislation. As residents begin living in that area, they do have the opportunity to elect five permanent directors. The city does not have to wait for permanent directors. The city has the option today to basically make nominees as well as appoint two directors, one for each district. If the city chooses to do that, the term for our initial appointments will be June 10th, 2023, and June 14th of 2023, respectively, for Hunter and Coal. Then thereafter, each director would be serving a four-year term. In terms of the City of Denton appointees, there are a couple of restrictions that council needs to be aware of. It cannot be an elected official, and it's also my understanding that it cannot be someone that's appointed to a board or commission. That would be dual office holding, and that's prohibited. The council does have the opportunity to appoint a City of Denton employee, but we would caution council against that, because that employee would be restricted from voting on most matters due to conflicts of interest. The other directors serving on the board have a number of qualifications in Local Government Code Section 375.063. Those qualifications do not necessarily apply to a City of Denton employee. Just as an example, the City of Denton appointee does not have to own property in the district, whereas some other members of the board do have to have some type of interest in the property to serve. There are disqualifying relationships outlined in Section 49052 of the Water Code, and that does apply to all board members. I'm not going to go through those disqualifications in detail, but again, a lot of this is related to conflict of interest. For instance, a City of Denton appointee cannot be three degrees separation by the blood or marriage or employed by a developer of the property or one of the folks that are providing professional services like an attorney, engineer, manager. So all that really is pretty much conflict of interest in nature. Those are restrictions that the Council would need to keep in mind when making a nominee or appointee. In terms of powers and responsibilities, I think we hit most of this whenever we were visiting about the Hunter Coal Ranch MMDs over the last six months, so I'm just going to hit the highlights. Again, the board may only undertake certain improvement projects and services. The Council will recall a number of the improvement projects related to water, drainage streets, park improvements. There are some improvements that are considered city off-sites, which is basically extending infrastructure to the development. There are also some services that the board will have some powers and responsibilities over, most notably maintenance of the district, such as landscaping and park improvements. As we highlighted in presentations in the past, the MMD has a few powers that are unique. They are a governmental entity. The developers of the district will be fronting money for a number of the improvements mentioned up above to reimburse the developers. The board may issue general obligation bonds for those reimbursements, and the board may also levy taxes and assessments for both debt service as well as maintenance and operation of the district. It's also important to understand that because it is a governmental entity, the MMDs are required to follow the public bidding requirements as outlined in Chapter 94 of the Water Code. And speaking with the developers, their intention is to take up the first meeting of the MMDs in early June. I believe the dates are June 10th and June 11th respectively. This is just kind of a broad overview of what that agenda would entail. We do know that this is a short timeline for council to get nominees and vote on appointees. So today really we wanted to provide council with one of two options. Option one would be to go ahead and nominate and vote to appoint one director to each of the two districts. If we choose to do that prior to that first meeting, appointments would then be considered on the June 9th council meeting. And option two would be to wait to allow additional time to seek out those nominees and appoint a director at a later date. If council chooses to go with option two, those dates that I outlined in that first term earlier in the presentation would still apply. With that, we'll be happy to take council questions and/or direction. Yeah, if we could pull the slide down. Councilmember Armatrow, I'm told that you are online. Is that correct? Yes. Yes, I am. I have, and it's complicated, I went to a new computer and then iPad, but I've got 15% power on it. So anyway, I'm here for now. Okay. So I don't see you. Go ahead. Yeah. No, I'll turn it on. There. Okay. All right. Thank you. Okay. So questions for this agenda item? This work session? Councilmember Briggs? If someone was to be appointed at a later date, what types of issues or discussions would they miss out on? I think it really just depends on the timing, councilmember Briggs. The June agenda is really about as far as the boards have planned out so far. I believe Clay Crawford is the legal counsel for both of the districts. He can certainly chime in if there's some additional things that would come up. But typically, aside from that June agenda, the first year is really basically just going to be waiting for residents to establish or to set up residency out there. That would really be critical for appointing the permanent board, as well as potentially separating the district out from two districts up to eight. Aside from that, most of this June agenda is really just going to be administrative in nature. Okay. Anybody else? What were the other options again? Ethan? Give me just a moment. I'll pull it back up for you. So option one is to go ahead and proceed with nominations and vote to appoint directors on June 9th, and option two would be just to take up the matter of nominations and appointments at a later date. And staff really doesn't have a position on whichever date council chooses to do that if you go with option two. Okay. All right. Thank you. All right. Council members, option one. Option two. Do you feel comfortable with making nominations? I saw some council member Meltzer and then council member Briggs. Well, you know, I reached out to somebody who I thought might be a good nominee who declined. So I'm personally, without hearing from others at this moment, I'd prefer, you know, a little time. Okay. It doesn't have to be a lot, but I have no objection to hearing whatever nominees are kind of already ready. One question I have, Aaron, for clarification. If someone is serving, let's say, on a true City of Denton board or commission, all right, let's pick one. And are they unable to serve as the council representative on this, on one of these MMD boards? For most of them, no, but there are some boards that have some special provisions that I can't recall off the top of my head, but BUB and EDPB being those boards. There may be something in those enabling charter provision in one or ordinance provisions that may limit that ability. Okay. What's our council meeting after the ninth? We have one on the 16th, one on the 23rd, and then you've got a three week hiatus, I believe. And just for the council's edification, I did ask both the Cole and Hunter Ranch folks to postpone their meetings that were scheduled for June 4th and 8th to give you the ability to have this discussion. So if you wanted to appoint somebody on those initial meetings, you could do so after the ninth. They've agreed, I've heard back from one of the two who's agreed to move their meeting back to June 10th I think it was. So it's really more of a matter that I don't think there's anything real groundbreaking this first time. They're going to be basically seeing the same kind of agreements that you've already adopted. But if you wanted to have appointees on each one of those boards before they get started, I just asked them to provide you the respect or at least giving you a week to kick that around for you. So beyond that, I don't know that they're going to be meeting again probably for another six to 12 months is my guess. Okay. All right. Yes, Councilmember Briggs. I would like to have individuals in those seats at the meetings, but I do not have a nomination today. Is there a way that we can send in those like we do in the past to staff and they could send them out to Council so that those nominations could be ready for us to talk about in the next meeting or the meeting that was proposed? Sure. I mean, is that on the ninth, are you talking about submit nominations for the Council meeting on the ninth and consider those or are you talking about the next one? Whatever option one was. I think that was the ninth. That's right. Was it not? That's correct. Okay. Any objections from anybody on that on the ninth to consider Councilmember Armitage? I'm fine with that. I'll just say that I'm because I'm not for the MMD in general, I don't think that I'll have anybody to nominate, but if someone has a good case to make that they want to be on it and it makes me change my mind, that's fine. But just so you know. Okay. All right. Anybody else? So then what we will do is if you could submit your nominations to the City Manager's office if that's okay and we will take those up on June the ninth. Oh, Councilmember Davis, do you have a nomination? No, sir, I was going to ask Aaron if maybe in the Friday Legal Report we could get some clarification on which boards are off limits which folks aren't able to serve because there may be somebody on one of those existing city boards that maybe doesn't meet very often that might be interested in serving in this position as well. Okay. Anyone else? All right. Seeing none. Thank you very much. Okay, let's move on to Agenda Item 3C, Receive Report, Hold Discussion of Staff Direction Regarding an Internal Audit of Facilities Maintenance. Hello, Marion City Council. This is Madison Gorshaw, the staff auditor for the city. I'm here to present our audit of Facilities Maintenance. Can you hear me? Yes, we can, Madison. Go ahead. Excellent. So before we get started, I just wanted to thank the facility staff who were involved in the audit. They were very helpful and open. So I just wanted to thank them. So now let's start. So this audit report reviewed the city's Facilities Maintenance Program, including workload management, equipment monitoring, and security of facilities. In general, we reviewed the following three areas. One, the management of the Facilities Maintenance Program; two, the security of facilities tools inventory; and three, the administration of the Facility Security Access Program. So I'll begin by discussing the Facility Maintenance Program. Okay. In general, we found that the Facilities Maintenance Program is adequate. Only about 30% of Facilities Maintenance activities are reactive, and the established preventative maintenance activities effectively monitor the condition of the city's buildings and equipment. In addition, Facilities has adequate staff to perform needed maintenance activities and has executed several service agreements to take care of any work that cannot be completed in-house. Facilities is also invested in a work order system that ensures work is completed effectively and facilitates supervision. We did recommend that the department continue to explore the capabilities of this work order system to further enhance monitoring capabilities over maintenance activities, and based on their management response, they've begun looking into these types of activities and monitoring capabilities. So next, I'll discuss security over facility tools. Due to the nature of the Facilities Maintenance Division, the city purchases and stores several specialized tools which are used to maintain building equipment. We found that the department had no record of the tools it owns and stores. In addition, some tools are stored in the facility shop, which is accessible to all facility employees, even those who are not involved in maintenance activities. So without a record of tools, we could not verify that all of the tools that the city owns were available, which leaves the tools vulnerable to being lost or misplaced or stolen. The division has established a process to manually monitor and authorize tool purchases. However, we found that this process is not always followed. In addition, having a manual monitoring process may make it more difficult for the facility supervisor to recognize unusual purchasing trends, such as purchasing the same screwdriver or other types of tools over and over again. Facilities Management is planning to use the Work Order System to address these security issues and to ensure that tools are not being misused or stolen. So finally, I'll cover facility security access. For most of the city's buildings, access is granted via identification badges and administered by facilities management staff. The figure illustrates the different changes that may be made to an employee's access during their employment. For adding and removing employees to the system, the department has established procedures that ensure only actual employees are allowed access to city facilities. While these procedures are appropriate, creating an SOP or a process manual would help retain institutional knowledge, navigate emergencies, and help people in emergency situations when they're trying to navigate these, when they're trying to add access and things like that. For access changes, we found that city policy requires requests to be submitted in writing via email. However, this has resulted in requests being stored in individual employees' inboxes, meaning that they may be easily lost or difficult to access. Similarly, the city's practices require the employee's supervisor to approve access request changes and requires the department director to be notified. Several of the access changes we reviewed did not have adequate approval, and many did not notify the department director. Facilities is planning to address these retention issues using the work order system. In addition, they're in the process of developing a security request form, which will formalize the approval process. So in summary, we made a total of seven recommendations, all of which the department concurred with, and based on management's responses, we believe all recommendations will be addressed appropriately, and we will verify this in a follow-up report. Okay. Any questions for the staff? Councilmember Briggs? Yeah, so this is for facilities, and I know that we approve separate contracts for outside contractors to come in to work in our facilities. Did you look at any of that, or was this just internally? We looked at the service agreements to ensure that they were procured appropriately, and also that they covered areas where we might not have had the in-house staff available. In plumbing, we have a plumbing agreement that covers areas since we don't have a licensed plumber, so things like that. Okay. All right. And so like same with electric and all of the HVAC? Correct. Okay, all right, thank you. Anybody else? Questions? Comments? Okay. All right, thank you very much, Madison. I appreciate that. Thank you. Agenda item 3D, receive a report, hold discussion, and give staff direction regarding funding recommendations from the Community Development Advisory Committee and the Human Services Advisory Committee for the proposed activities to be included in the 2020-2022 Consolidated Plan for Housing and Community Development. Just a moment while I load the presentation there. Afternoon, Mayor and Council, Danny Shaw, Community Services. Today I'm doing a presentation regarding our CDBG and Home and Human Services funding. The purpose for today is a couple of things. We want to provide notification to the public that we are having a public hearing regarding the use of our federal funds on June 16th in front of Council. In addition, we're going to review the committee recommendations for those city grant programs and for funding for our action plan that would be submitted to HUD along with that feedback from the public hearing, and then to receive any direction or feedback from Council today. As you might be aware or might remember, the city is required to submit a plan to HUD called our Consolidated Plan, and we do this in two ways. Every three to five years we submit the Consolidated Plan, and every year we also include the action plan that proposes the activities for that year. We do have the choice of doing it through three years or five years. Typically the city has done it in a five-year increments, but for this Consolidated Planning cycle we elected to do a three-year, and this is really just as a result of our ability to use 2020 census information later in a more useful way rather than waiting five years for that. And also because we are engaged in the Affordable Housing Assessment, which should give us additional data that will help us better plan for our future funding needs. And then the plan itself describes what our needs are in the community, what resources we do have available. It prioritizes how we want to utilize those funds and includes strategies and goals for the use of those funds, both in the three-year period and in our annual period with the action plan. This particular planning process requires citizen engagement, and so a part of this plan includes a citizen participation plan. If you've had a chance to look at the plan, we do have a sample of it attached as exhibit to you. The structure of the plan looks like this. We have an executive summary that just goes through what our intent is for it. It does overview our participation process, so that's a part of a summary of the citizen's participation plan. It does include a needs assessment that looks at the data that HUD provides to us, so we utilize the data that's available as provided by HUD for this particular plan, and that needs assessment encapsulates that, as well as the same information for our market assessment, so what the market looks like in the community. These particular assessments both include the HUD data that is pretty consistently about three or four years behind. The strategies and goals is the section where we outlay what our intent is for the funds for the period, and then again, the annual action plan tells us how we want to utilize the funds for the next year. Included in this particular consolidated plan, we could do it separately, but we just include it within the consolidated planning process every three to five years, is the citizen's participation plan and what is required by HUD, which is a fair housing plan and analysis of impediments to fair housing. As a reminder, the eligible activities for these particular federal funds, the city is an entitlement community that receives CDBG and home funds. We can participate in acquisition, do public facility improvements, demo and clear. There is a social services cap on the CDBG funds, which maximizes the amount we can use. We can only use 15% of our allocation for public services. We can implement housing programs, economic development activities, preservation, code enforcement under certain considerations, and removal of architectural barriers. Within home funds, we are able, as it sounds, to do projects that are related to affordable housing. So affordable rental housing, home ownership, tenant-based rental assistance to acquire land and also create new housing construction. The citizen's participation process, as we have laid it out, includes public hearings. So we do public hearings with our neighborhood associations. We did this in December and January this year. We will do the public hearing with city council on June 16th. We also implement online surveys. This year, we received 170 surveys back, which is a record for us, and we have opportunity to hear from folks on what their interests are for the use of the federal funds. We can do focus groups. We accept public comments by email and phone. In the city of Denton, we also benefit from a number of agencies that do community needs assessments. So we do incorporate the information that we learn from those groups, from the needs that they have identified for the community. Community development staff is also very active in community coalitions and advocacy groups so that we're able to pull information about community needs when we are participating with those groups and building those relationships with our community partners. And then we also include our citizen-appointed committees, the Community Development Advisory Committee and the Human Services Advisory Committee, as they provide information about what community needs are as well. This is an overview of the timeline that we employ. It's been adjusted slightly because of the effects of COVID this year, but is pretty consistent with where we are. We're only about a month behind where we typically would be. So as it goes currently with our timeline that has been incorporated into the action plan, this October and November of 2019, we did approve the application process for both grant programs. In December and January, as I mentioned earlier, we held public hearings. In December, we provided application trainings for both grants to anyone who was interested and promoted those. And then in January and March, the committees both received those funding applications and then applicants were allowed to do presentations in front of the committees for consideration for funding. Typically, we would have finalized those presentations and the recommendations in March. This is pushed back to May. So on May 8th, both committees did meet to finalize the recommendations. And this is the presentation to council that we're doing today with the public hearing coming on June 16th. We expect to have this approval in front of city council on July 21st. If all that goes well, we would submit it to HUD and then we would wait for them to approve our consolidated plan and our action plan and release the funds to us sometime in August or September based on their approval process. And then the last box here is really just a reminder to council that council also in this presentation looks at human services grant, which includes general funds. So some of the funding that's approved here gets approved when council approves its budget in September. Just a quick slide to introduce you to the committees if you're not always, if the public's not already aware of who they are. Our community development advisory committee is a nine member committee and these folks are listed by who appointed them, as well as those who were nominated by and voted on by the entire council. The human services advisory committee is 11 members and same process appointed by each council member and then also nominated by the entire council for positions on this committee. Each committee has a different function. The community development advisory committee looks at what we call our bricks and sticks. So these are the larger community public facility projects in the community and then the human services advisory committee looks at our public services. So those social service grants that go out to nonprofits who are providing direct services to people in the community. This year, the recommendations are as follows. The CDAC had a total amount available to them of $1.3 million, $717,239 was available for CDBG and then our home funds were $641.15. Now these do include additional monies that were left over from previous years as well as our allocation for our expected allocation for this year. We did receive nine grant applications totaling $1.4 million. And on May 8th when the CDAC reviewed, they did recommend $1.38 million in CDBG and home funds. So that was detailed in your exhibits as well as a future slide. And they allocated those funds to eight of the nine projects. At the end of that conversation, there was $49,000 left over that we are currently leaving as unprogrammed at this time to make it available for any new identified needs during the program year. The human services advisory committee had available $500,000. This comes from the 15% cap of the federal CDBG funds for total of $157,769. And the general fund allocation is an estimate that community development works on with finance. It is a baseline budget that allows us to give some guidance to the committee about how much money might be available for this funding cycle. The committee does have the ability to recommend higher amounts based on community needs, but we give them these parameters to help them in their decision making for funding. There were 19 total applications received. The requests were a total of $857,806. There were four new applicants in this application cycle for the human services grant. The committee did stay within the $500,000 recommended budget and allocated to 18 agencies. And we'll go through that in the future slides as well. This slide here shows you what the CDAC recommendations were. It does outlay each of the different projects. The community development does provide four housing programs to the community, three housing programs, our home improvement program, the home buyer assistance program, and minor repair. The funding that has been recommended for them is listed here. In addition, there were three projects applied for from the Parks and Recreation Department for parks improvements. And then we are required with our home funds to allocate a certain percentage to our CHODO. If we don't allocate those funds, those funds are not available to us. We do have a CHODO in the city of Denton, Denton Affordable Housing Corp, and they did apply for a project. That funding is recommended here. And then we had two nonprofits who have some public facility projects that they wanted to seek funding for. City of Denton for ADA-accessible sidewalks, and then improvements to Denton City County Day School. At the top of this slide, you'll see the unprogrammed funds, the 49,000. It also includes the CDBG-CV funds that we have discussed previously in both the CDAC and HSAC, as well as council discussion. That money is also right now set aside as unprogrammed until we receive further direction from council at 618,726. The Human Services Grant. These are the applications and how they were funded. I won't go into all the detail for these. I just want to kind of go through an overview briefly, but if there's any questions afterwards, I'll answer those as well from the different projects. Most of our projects were previous applicants and were funded fairly consistently with their previous funding years. Some with increases, a couple had some slight decreases of our four new agencies. You can see on this slide, Grace Like Rain is one of those listed here. And then on to the next slide, through this slide, additional funding for projects, again, the same consistency, the majority of the projects were funded at their funding from previous years. In this slide, you'll see their new agencies as well. RISE, which is a legal service organization. And then North Texas Solutions for Recovery is first-time applicant, that's Solutions of North Texas. And then Trinity Methodist Church did apply and was not funded, recommended for funding by the committee. So for now, our next steps look like this. We are in the process of our public comment period. We have submitted information to the public that they are able to now participate in that period and give us comments on our draft consolidated and action plan. And then we will hold a public hearing on June 16th to have additional comments from the public on our plan with the anticipation that we will come to city council on July 21st for approval. And then submit that to HUD by August 1st, and then await their approval before they release the funds. So with that, my presentation is concluded. Any questions? Councilmember Armitter. Yeah. I'm sure that staff has probably thought of this already, but when it comes time for the public input period, what's going to happen so that, or where will the public input be staged? How will it be publicized to make sure that we have people who are actually either living in affordable housing or on the waiting list or in need of it, that they're in on the conversation and not just people who care about affordable housing. I'm going to be doing my part to spread the word, but do y'all have ideas about say staging something or having hosted by a Denton Housing Authority or giving hope for something at or by our daily bread? Just curious to hear if you're doing brainstorming on that yet. Much of that particular comment period was done prior to in advance so we could inform and educate the committees on what the public needs were. So we did that in December and January. We are, however, promoting that we are in the 30 day comment period and we have promoted that through email, through social media to make sure that folks know that they're able to make public comments on our particular plan as it's drafted. That's the stage we're in now. Okay. So it's only written comments? No. We will have the public hearing at council where folks can call in and make their comments as well. We can receive comments by email or phone. We also included this year with an opportunity for folks to schedule with us to sit down and meet with us to make a scheduled appointment. Normally they would be able to come in and comment with us with because our buildings are open, but right now we're by appointment only, but we have made arrangements to schedule that if someone's interested in meeting with us one-on-one to provide that comment. Okay. Great. And is there some sort of a mass email to go out to these agencies or nonprofits that serve people who use or want to use affordable housing to let them know? Yes. That email already went out and it's been shared with our community development list. Again, public affairs is going to be helping promote it through social media as well. And then we provided in a couple of different ways to our nonprofit partners as well. Great. Well, thanks so much and let us know what we can do ourselves to promote that on council. I'm really looking forward to this and have enjoyed it so far. Thanks. Thank you. Mayor Pro Tem. I think you're on mute, sir. Are you on mute? Well, it doesn't, it shows, is your headset plugged in? Is the button on the headset off mute? Okay, well, let's take a quick, can you, yeah, I can't, I can't hear you. We have some help headed this way. Okay. All right. Let me see if there's any other questions on this and maybe we can get some help before we have to take a quick break here. Any other questions? All right, oh, I thought I heard you say something council member or Mayor Pro Tem. How's that? That's it. That's it. Yep. There you go. I just had to put another quarter in the machine. Okay. So my question was, Grace Lake Rain, did they apply last year and then there was someone that applied and then gave the money back. Is that, who was that? No, that Interfaith and Giving Hope applied in the Human Services Grant and did, and were recommended for funding, but decided not to accept those funds. Grace Lake Rain is an, was an applicant last year for another project and received funding for that, but not for the Human Services Grant. So they're receiving CDBG funding in support of a development project. Perfect. And then I looked on the backup and forgive me if I missed it, but I didn't see what, and it's great information, so thank you very much for that, but Trinity Methodist, I didn't see what they, what their application requested. Like everyone else, even if they received zero, it listed what the request was, but I don't think Trinity Methodist was listed or I missed it. Yeah. Trinity Methodist requested funding for multiple benevolent projects that they do. So some of it was for food packaging for a meal program for kids in school. Some of it was for rental assistance and there were a couple of other items that they were asking for. I think the committee at that time just felt like it was duplicative of other services that were being provided and recommended to that agency or that group, you know, look to collaborate instead of using this grant. Okay, great. Thank you. Anybody else? Okay, seeing none. Do you have your direction there, Dani? Yes, sir. I think we'll look for additional direction about the CDBGCV. Okay. Thank you. Okay. You bet. All right. Agenda item three E, receive, report, hold discussion of staff direction regarding a request for resolution of support from a developer applying for a 4% housing tax credit with Texas Department of Housing and Community Affairs. That will be me as well, sir, so we'll get that set up. Again, Mayor and Council, Dani Shaw, Community Services. This presentation is a continuation of a presentation that we did on May 19th. There's a developer group that's seeking a resolution of support from City Council for a 4% housing tax credit project. Michael's organization did present an application to us. We presented it to Council on May 19th, and at that time, Council asked for some additional clarifications on the unit mix and the pro forma. So developer did come back with some revisions that we wanted to discuss with you today. I did want to let you know that they are on the call and are available to answer questions if necessary as well. Okay. And it really just is a quick summation. We won't go through the full presentation as it was before, but just as a reminder, this is a property at 1900 South May Hill. It's a 33-acre property. They're proposing to put 360 units on this, and it is currently zoned mixed-use neighborhood. This is a site plan from the original presentation, 12 three-story buildings, and the proposed unit mix is listed. As a revision to the proposed project, the developer did provide this revised format, increasing their 30, 40, 50% units and their 70 and 80, and reducing their 60% units, still maintaining the 60% income averaging at 59.39. In the backup for the exhibit, they also included a pro forma for Council to review that updated that. So at this point, we're still looking for Council direction on whether or not they are interested in approving the resolution of support. It is on the agenda for June 16th for your approval or if we have other direction. >> Danny, before you take down the presentation, could you put up the unit mix one more time? >> Yes. >> All right. So this is the revised. >> Yes. >> And did I see one that was the original? >> No, it did not include it in this particular one. There was an email in response to questions Council received separately. >> So if I'm not incorrect, I think under the 30%, 40%, and 50% of the original, there were 36 units in each one, each one of those categories. Am I off on that just a little bit? >> No, that's correct. So there's an increase of four units in the 30%, an increase of four units at 40%, an increase of 29 units at the 50%. >> Okay. >> There's a reduction of 57 units in the 60, and then an increase of 10 in each of the 70 and 80% units. >> Okay. All right. Okay. So I think you mentioned it, yeah, overall project income average is 59, and I think they increased it like 10% or 15% at the 30, 40, and 50% or something like that, I think you'd mention that. >> Yeah. Plus, yeah, units, yes. >> Yes. Okay. All right. Questions? >> Do you want me to stop sharing? >> Yes, please. I'm sorry. >> That's okay. >> Okay. Questions on this Councilmember Briggs? >> I think someone sent in a question about the unit mix and if it has to stay that way, and I think we had discussions before about if when we vote that this unit mix gets attached to the ordinance, is that the case here or no? >> From a staff perspective, we don't remember having that direction. >> Is the applicant on the phone? >> There's Ryan Watt, and Ryan should be on the phone. >> Yes. >> Yes, sir. >> Did you hear Councilmember Briggs' question? >> I did. Hi. This is Ryan Watt from the Michael's Organization. To answer your question, the specific unit mix is not tied to the resolution. The unit mix will be determined and governed by the land use restriction agreement that is recorded against the property at closing, and it's a document that is governed by the Texas Department of Housing and Community Affairs. Having said that, we understand that this unit mix is very meaningful to Council, especially as it pertains to those units at the lower AMI set-asides, and should it help Council get comfortable with supporting this resolution, we'd be open to signing a memorandum of understanding that would commit to this specific unit mix as is presented to you today. >> Okay. Does that answer your question, Councilmember Briggs? >> Yeah. Thank you. >> Okay. Any other comments? Then I'll weigh in. I appreciate the developer listening to the feedback of Council and trying to add more units to the 30%, 40%, and 50% level, although they had to offset that with an increase in the 70% or 80% level. And Danny, correct me if I'm wrong on this, but if you really look at our "affordable housing stock," we have a great need and a big hole in the areas that are 30%, 40%, and 50%. The property that was voted on, I guess, is a year and a half ago, which was a 9% program, which was with a private developer and the Denton Housing Authority. They didn't even come close to that. There certainly was no commitment to that. And so I understand that some of the concern is half, that it's exempt from half of the property taxes. But given that right now we have this need in this community and in this city for that type of affordable housing for all our citizens, I'm going to support this, and my direction is to bring that resolution forward at the earliest council agenda, which is, I guess, next week. All right. Anybody else? Mayor Pro Tem? I'd like to echo what you said, that I appreciate their fast work in getting back and providing not only the mix, the pro forma, those sort of things, to hit on the questions or provide the transparency that was requested. And so now, yes, it sits at about 40%, 50 and below. So I appreciate that, because my comment before was 33%. So I was happy to see that. I agree that it touches an audience that is rarely addressed with the other products we have, other options. So I appreciate them, the work they did. All right. Thank you. Thank you, Mayor Pro Tem and then Council Member Meltzer. Just to say thank you to everybody and to the developer, I'm just really happy that we're getting this done. So thanks to everybody. Council Member Meltzer? Yeah, I had expressed reservations last time based on the fact that we see projects that are completely tax exempt, too, but I am appreciating how rare it is to see projects that address that far into the lower income end to the spectrum. And the revisions clearly tip the pluses of the project considerably, so I support it as well. Okay. Let's see, anybody else besides Mayor Pro Tem? He's coming back around. Council Member Briggs? Yeah, so I appreciate the developers listening to our concerns last time and putting more in the mix of those who are in need. And I will be supporting it, but I would also like to ask that they issue that Morandum of Understanding so that the mix stays the way that we are voting for it. Yes. You're wanting them to commit to that, even though there's nothing that we can officially legally tie them to, just trust them that their commitment based upon their good faith of coming back and revising this from the feedback of the Council. Yes, when it comes back to us, yes. Gentlemen, so you've heard that, and I think anybody, Council Member Davis? Hold on, gentlemen. I'm sorry. I just want to make sure I understand the MOU that's being offered, because I also appreciate the movement we saw that's very meaningful, but the MOU guides the project that we will ultimately see as a council, not necessarily the mix going forward in future years as they continue to offer these units. I think that the state monitors that they stay under the 60%, as they told us. But I just want to make sure that they, you know, in future years, we may not need quite the mix. The market may be different, and that's what we need right now and what the Council's discussed right now. But I just want to make sure that MOU is not going to be, that we understand that. I don't think that MOU is going to be binding on the property into perpetuity. Yeah, a question for the applicant. Ryan, are you there? Yes, sir. This is actually Ryan Zent this time with Michael's Development. To answer the question on both, we absolutely can draft that MOU and work with staff to make sure it's in an acceptable form to the attorney if necessary. But we could promote some flexibility in that and maintaining a certain number of units below 50% AMI. Well, it certainly is our intention to follow this AMI mix, and our application to TDHCA will reflect this unit mix. Councilmember Davis, any comment? Okay. So, I want to make sure I understand. When you place the deed restriction on pursuant to the 4% tax credit program, is that deed restriction, I can't remember, does the deed restriction memorialize the land restriction memorialize the specific unit mix or that it's only under 60% or 50% or does it memorialize the exact unit mix? That's a good question. The income averaging program, how it's written currently with the TDHCA qualified allocation plan, is that the project must maintain an overall income average below 60%. It does not stipulate the specific AMI set aside. So for us, in the case of this project, the purpose of that memorandum of understanding would be to specifically define the number of units that each set aside to, again, ensure that we're providing the housing that the community of Dennis is in, so is in such that need of. Okay. And question for the city attorney, the memorandum of understanding, because I know we can't tie the unit mix, specific unit mix to the resolution. And if we have a memorandum of understanding with the unit mix designated, how enforceable is that moving forward? Because I don't think this project has to come back to council for any zoning or anything like that, or does it? I'm not aware if it has to come back for a type of zoning or SUP action. Ryan, either Ryan, do y'all have any information on that or do y'all have all the entitlements you need in order to once you get the resolution and you get approval for the project from the state that you can move right into design, development and construction? That's correct. We are able to proceed under the current zoning of the property. The only city processes we need to go through would be a preliminary and final plan process. Okay. All right. And I don't think those those don't come back to council, the plats, and I think they're ministerial when they get to the planning and zoning committee regarding if there's if they meet all the requirements of the preliminary and final plat, it's it's an approval just because it's they've met all the requirements. Is that correct? That is correct. All right. So then as far as the enforceability of the MOU down the line, could you speak to that just for a second? A lot of it would depend on the language specific language that's put inside the MOU. But if if we are okay, yeah, okay, you know what, you're you're absolutely right. So what you need before you can really answer that you need to understand what the language of the MOU is. Yes. Okay. Well, why don't we wait and hold that discussion for when we actually have the language and you can review that so you you're not sort of flying without any any idea of what the language is. Okay. All right. So it sounds like we have, you know, consensus for the direction to move forward with the resolution of support pending the language drafted in the MOU that will be delivered Mayor Potem. Thank you, Mayor. Just wanted to ask either of the Ryan's whichever wanted to speak to it. Did you have an opportunity to discuss the sourcing the materials with respect to sales tax? It's good question. Yes. Yes, sir. Mayor Potem. We we've actually discussed that with our our Texas tax attorneys. And as we understand it, that should be something that we can can meet to to attribute that sales tax to the city of Denver. There are some some more procedural hurdles that we'll need to further understand. But that is our goal. I appreciate that. So obviously that term needs to be included in the memorandum of understanding. Absolutely. Yes. Yes. Okay. Yeah, I'm sorry. I was sort of relaying that to the I know y'all can't see us. Any other questions or comments? Well, gentlemen, thank you so much. And I appreciate that you listened intently with the City Council and their feedback. And I know that it was your intent all along to get as many of those opportunities for 50% and lower. It's just now you had you had some specific guidance from the council to craft it in a way that would meet our specific need here in the city of Denton. So thank you so much. Thank you very much. City Council for your time. Oh, sorry. I appreciate everybody's time. Look forward to working with you on this project in the future. Fantastic. All right. Thank you. Okay, we're going to then go to our agenda item three F, which is receive report hold discussion give staff direction on pending City Council requests for a work session to discuss allowing businesses to utilize public parking spaces and right of way areas to extend their outdoor seating area. Do you want me just to start? Well, staff was just she had to go get there. She is. Yeah. Okay. Good afternoon, Mayor and council. This is Rachel Walter Mendoza assistant to the city manager. I'll be presenting for you the City Council pending requests for information just as a little background. Let me go. This is silly funny looking here. Okay, pardon me just as a little bit of background for everyone that may be listening up to seven requests will be reviewed per meeting. I'll introduce each one. We only have one today and the elected official that made the request will have up to one minute to describe and justify it and the remaining officials will have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request will respond to all requests where a consensus of Council is reached. So the request we have today is from Councilmember Briggs requesting a work session to discuss allowing businesses to utilize public parking spaces and right of way areas to extend their outdoor seating areas. Just as a little bit of information from staff. As you can see there the city's code of ordinances under Chapter 25 does not specifically address using on street parking spaces for outdoor seating or parklet but the creation of parklets on a temporary basis could meet the definition of a special event that's included in Chapter 25 and that's in your backup is exhibit three. If this were to be considered on a permanent basis, we would have to create more specific standards and licensing provisions. And just as a little bit of further information staff from economic development development services capital projects police fire and parks are currently holding internal meetings to discuss the possibility of a parklet program after request was received from a local business staff are currently researching other programs and reviewing applicable codes and statutes. They're also working with the downtown Main Street Association to discuss program challenges and opportunities with local business owners. So with that mayor all right let I'm keeping time so let me pull my mind lose my take this down. I'm gonna lose my time potentially if I do we'll just figure it out. Okay Councilmember Briggs when you start speaking I will start the one minute oh you're on mute okay hold on let me reset okay go ahead. So I'm not going to go into detail about the inlet parking the main thing that you need to know is that this is not my pitch it is a call from the community and our many businesses that we do this we have we became we need to become innovative out of necessity. This is a bottom up request and I seriously hope you all will agree to hear more about what we can do here in our city okay all right I'll go ahead and start I don't know much about this so I don't think I'm opposed to learning about it and having a work session on it because I just don't understand all the implications so to say no would be I think saying no in a sense where I don't have any facts about this whatsoever and I have been getting some emails from the community about this as well so I'm good with moving forward on a work session to describe this. Councilmember Davis. Thank you Mayor yeah this is a really cool idea I'm looking forward to hearing more about it I'd like to hear more about it I'm sure staff already has some of the information that Eric Pruitt and Stronger Denton has shared with council design manuals criteria manuals that kind of stuff I'm sure there will be kinks to work out but I think I'm most at this point most interested in hearing about a program that's kind of like what Dallas is working on with a special event starting temporary starting very temporary and then as things progress we if we want to move to a permanent something permanent then obviously we're making the the parking decision so I like the special event permit to get us started and see how it works out okay councilmember Amater. I'm really excited about this too I think parklets are a really cool idea and one of their greatest advantages being their impermanence even without the special event context but I like that idea I'm excited to have the discussion soon. Councilmember Melzer did you express an interest to speak yeah I did yes go ahead yeah I think it's a very constructive creative approach to the problems we face I support a work session it sounds like staff's already putting the time into it so to a certain extent I wonder you know why are we even doing this it sounds like because we're allocating staff time sounds like it's already allocated but I support okay all right it sounds like we have councilmember Bryan well I think you were just gonna say we have enough and I am also in support of this I'm not sure if I'm I think the work session will help me understand better whether it's a until we get back to 100% occupancy on the buildings or if it is a something that's a longer term sure type thing okay fantastic all right that I believe so the direction is to you know schedule a work session for that particular item and I believe that brings us to the conclusion of our work sessions and we will take a five-minute break let me go ahead and call the closed meeting session we will now convene in closed session at 3 44 p.m. on June the 2nd 2020 to discuss closed meetings consultant consultation with attorneys under Texas government code section 551.071 and deliberate regarding real property under Texas government code 551.072 and I've already called the liberation with attorney so we'll take a five-minute break and we'll be back welcome everybody to this meeting of the Denton City Council on June the 2nd 2020 the time is 636 we do have a quorum I'll call this meeting to order our first item on the agenda is the pledge to the US and the Texas flag so if the council will stand we will I'll go ahead and start it I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God indivisible with liberty and justice for all honor the Texas flag honor the Texas flag I pledge allegiance to the Texas one state under God and one indivisible I appreciate everybody being muted so I was the only one saying that okay all right proclamation do we have any proclamations or presentations all right we'll move on to and what I want to do before we well I would do it when I before we get down to the consent agenda all right proclamations presentations from members of the public I don't believe we have any one who scheduled a report to the council but we do have some open mic oh I need it and we are still waiting for the open mics to get patched in okay caller who am I speaking with this is Emily Warwick okay Emily you are on let me get the stopwatch set you're on with the Dent City Council during open mic once you state your name and your address your time will begin and you'll have four minutes you'll have four minutes okay all right anytime you're ready my name is Emily Warwick my address is 520 Texas Street in Denton Texas 76209 I would like to know why a curfew of certain downtown areas was put in place on Sunday May 31 continuing through Sunday June 7th I was present on the courthouse square from approximately 6 p.m. to 1030 p.m. last night and witnessed only peaceful protests and professional policing did anything occur last night to justify the continuation of said curfew and or have any new concerns arisen to justify its continuation from my observation it seems to have been more provocative than effective also as a taxpayer is the cost of additional police presence along with lost tax revenue from our downtown businesses that were just beginning to open justified by this extended curfew thank you very much thank you so much Emily for calling in you're welcome thank you thank you I'm sorry yes thank you Emily Emily are you still on the line oh she there she goes oh okay a welcome caller and what's your name is Stephen Dillon bird Stephen you're on with the Denton City Council under presentations from member of the public open mic under that we won't be able to respond to you except with factual policies and the like as pursuant to our agenda so once you state your name again in your address I will start your time certainly my name is Stephen Dillon bird 1004 Abbott plane and didn't 76205 my main concern is the meeting that was had this morning ID 2010 73 deliberate or deliberate regarding security these are things that were that seem to be pertinent to the public awareness obviously we want to be secure also we want to know what public officials are doing to protect us as opposed to orders that are being decided upon behind closed doors without our knowledge or consent and doing so because governor Abbott is a tyrant and says that Toma doesn't have to be in place when we're under a fake pandemic you guys all know now and if you didn't before you do now that this whole thing is not what it was and that is what created the civil unrest in people and then we saw someone murdered in cold blood on live video and we can't seem to get law enforcement to hold these people accountable for that that is the outrage you guys are seeing that is the despair you guys are seeing in our people that are scared and especially if they're minorities they're scared of police okay they are not protected by us right now and I get lumped in with you guys because of the way I look and that's not fair and I'm tired of it can you guys please start doing your jobs that's all we're asking is for y'all to do your jobs and it doesn't involve giving us unlawful orders and giving us unlawful curfews and putting restrictions upon our rights to life liberty and the pursuit of happiness okay you guys are taking that from us and it's a constitutional takings claim that's headed your way if you guys don't do something about it if you say the word pandemic again I'm gonna put a lawsuit in the public record with your names on it I'm tired of it we are tired of it our community is fractured right now because the public servants will not serve the public do something about it speak out against this crap and I know you guys are have your hands tied in some ways but figure it out we need your help okay we're not going away thank you for your time okay thank you Stephen appreciate that thank you for your call caller identify yourself please hi this is Charlie Nolette okay Charlie you're on with the Denton City Council under the public mic portion of our agenda once you state your name and address your four minutes will begin okay thank you mayor my name is Charlie Nolette I own the loophole on the square at 119 West Hickory Street I am speaking on the agenda today that was 2671 once again all city council members thank you for speaking on this matter as a business owner of Denton Square of almost 20 years now I am full support of the parklets and that's what we're talking about the parklets my wife and I are well traveled and have seen the impact of an extended patio parklets will do for a city so we've seen that actually implemented in so many different places it has been huge impacts it encourages walking bringing foot traffic and the use of public transportation it will provide us safe useful and comfortable spaces within the public right of way it supplies new spaces for community interactions supports local businesses promotes economic vitality and commercial districts it will create a more pedestrian friendly environment especially in places where sidewalks are narrow especially down on the square in particular it also will provide a beautification of the square which will increase dramatically it will provide activity and eye on the street creating a greater sense of community and safety I believe the parklets will also allow pet owners and to frequent and enjoy more establishments that way we have done some research and reports indicate in Austin Texas in particular an increase of 30 percent percent of sales due to the parklets and in other certain research cases we've seen they've seen up to 100 percent increase in revenue sales once again thanks for listening to us on behalf of this parklet petition we believe this will provide in this aesthetically pleasing safe environment for businesses to promote and present their business as well as provide safe paths for pedestrians city council members and everybody else involved behind the scenes again thank you again this is Charlie and all with the loophole thank you Charlie I appreciate it caller please identify yourself my name is George Ferry okay George when you state your name and address I will start your time you're in the with the density council on the open mic portion of presentation from members of the public mm-hmm thank you yeah you can start anytime oh I'm just wanting to listen to the rest of okay the person who was speaking before me okay hi my name is George before before I start your time if you are listening to the meeting if you could maybe turn that down because we will get some feedback when you're when you're speaking so yeah got it thank you okay can yes sir sure can cool my name is George Ferry my address is 2932 Stockton Street I'm calling for a multitude of reasons first as a small business owner downtown I also advocate for what Charlie know that from the loophole was talking about I'd love to see a presentation drawn up about how this could be affected enacted on the downtown square making walkability and business growth happen especially coming off kovat with my business being so small inside it's not financially feasible to open at 25% capacity because of our CO can restrictions so we are seeing only delivery and curbside as of right now and then as far as what's going on in the world I am upset and distraught that a curfew is enacted in what I think is an overreach of power and and a lack of understanding of what the community is asking and I wish that City Council would be more vocal to the needs and concerns of the black community and amplify their voices more instead of your own concerns about looting and again this is coming from a business owner on the downtown square it's just stuff and I really feel like we're more concerned with stuff than people and that's not cool as a person who lived in this town and has for 15 years and I am further upset about this pulling of dab out of a meeting today I'm getting real tired of the silencing of voices right now and as someone who marched yesterday and saw the power of community and the turnout of marching together and shutting down a freeway I would want to double down and say that if things don't change soon I don't know what you plan to expect but my hope is things will change because yet again you've not wanted to shut a city down during a global pandemic but you want to shut a city down early when business is just reopened to try and help save some money by making more and furthermore did it because you wanted to protect property over people I'm I'm simply I'm flabbergasted I don't know how you lay your head on your pillow at night and sleep well it is infuriating so I will see you at the November election and I cannot wait to vote some of you out of office thank you so much have a great day thank you a caller if you could identify yourself please my name is Eric Metro okay Eric you're on with the Denton City Council on agenda item three presentations from members of the public in the open mic section you'll have four minutes to speak and that your time will start when you state your name and address okay my name is Eric Metro I live at 2519 Denison Street Denton Texas 76201 and yeah I just want to say that I'm actually at the protest on the square right now and I was at the protest last night and all the protesters have been very peaceful and I just want to say that I hope the protests keep going on nightly and that the police remain peaceful and if y'all haven't checked it out yet then I'd invite all of you to come down in square tonight tomorrow night to check it out and that is it okay thank you Eric for calling yep okay I believe that's all the I believe that's all the callers we have for open mic so we'll move on to the consent agenda and we did have one person call in for agenda item I believe it's 4a it was an online comment I'm sorry excuse me it was an online comment using our online form for agenda item I believe it was 4a and I believe we pulled I think it was agenda item e for councilmember Armitage is that correct yes I had had a hard time getting back onto the meeting after I had had left the closed session and I had originally wanted to just ask some questions about item e but since I wasn't there you could get just a just a quick explanation and or statement of the reason for the for the necessity for this okay yeah what we'll do is well I think we're gonna go ahead and just pull it I thought I heard somebody talking that was me mayor Chief Hedges is on the line oh okay well I guess okay I'll go ahead and let councilmember Armitage if you want to ask your questions and then if you still want to pull it for individual vote or do you know for sure you want to pull it for an individual vote at this time oh yeah I do okay so yeah we'll go ahead and pull it Mr. City Manager and Chief Hedges if you'll just hold the line until we get through the consent agenda we'll take that up as the first item for individual consideration all right so on the consent agenda chair would entertain action on the consent agenda save agenda item e councilmember Meltzer and then councilmember Briggs I move approval of the consent consent agenda except item e councilmember Briggs okay we didn't your mic was muted I'll second okay thank you all right so we'll take we'll poll the council councilmember Meltzer house say you on the consent agenda I we have a motion and second for approval of the consent agenda except for agenda item e which we will pull for individual consideration councilmember Meltzer house say you I councilmember Briggs I say you yes councilmember Armitage yes councilmember Davis aye councilmember Ryan aye mayor pro tem all right mayor Watts is an aye the motion carries unanimously seven zero so now we will take up agenda item e as an item for individual consideration agenda item 40 is I guess that's 40 is considered option of an ordinance of the city of Denton Texas a home rule municipal corporation authorizing the city manager to execute a contract with federal resources supply company for the purchase of bomb suits for the fire department providing for the expenditures of funds thereof Chief Hedges are you with us you'll be on a second this is Chief Hedges can you hear me yes sir councilmember Armitage would you like to ask your questions of Chief Hedges oh yeah just if you could just say a little something more about you know what these are and and what the need for them is have we've ever had these in the city of Denton before yes as that we have to put in the agenda information sheet in your backup it kind of gets the detail about the actual bomb squad team that the fire department has ran for over 10 years so over a decade we've ran a regional bomb squad that is really funded through federal grants and that's exactly what this purchase is it's a hundred percent reimbursed by federal grants the team has had bomb suits that expired actually last year so they're in expired suits operating as of today so we're trying to get these obviously approved we had some manufacturer issues on delay on materials so we're trying to catch up and get these suits ordered and get them in as quick as possible so we have a five-person team that obviously goes through training with the FBI and it's about a six-week program just trying to give you a little bit of history and we actually cover seven counties from Dent up all the way up to the Red River so once again a very established team very well respected through the Metroplex as well we're just trying to get them the right gear excellent so thank you and so all of that what was in the report but I wanted to get the make sure that the public heard that and to be just to be able to ask you to confirm so this has nothing to in case anyone sees this and worries this does not have to do with some recent need this is an ongoing need for you know in the case that that is necessary that that that we're prepared correct correct this is a bit in the works for over 12 months trying to purchase these new suits excellent okay thank you thank you very much yeah chief so what I'm hearing you say is this is simply just something that we need to do to provide safety for our firefighter personnel who respond to suspicious I guess containers or things such like that whether they're explosive or not and you said it's regional does that mean that we respond outside of the city of Denton when requested correct we cover seven counties okay all right okay good all right Mayor Pro Tim move approval all right Councilmember Armater second all right we'll now take a poll the council motion has been made and seconded for approval of agenda item 4e Mayor Pro Tem Houseau aye Councilmember Armater Houseau yes Councilmember Riggs yes Councilmember Davis yes Councilmember Ryan yes Councilmember Meltzer aye and the mayor is an aye so the motion carries unanimously seven to zero we will now move to our agenda items five which is items for individual consideration consideration of the use of eminent domain to condemn real property interests. Thanks Mayor Deanna Cote he's just pulling up the presentation sure good evening mayor and council Deanna Cote deputy director of real estate just one second there we go this evening I'm here to talk about the McKinney Street widening project and a project overview identifies the that the project is for the widening of McKinney Street just west of loop 288 and in October of 2018 council approved an engineering design contract for the East East McKinney Street widening project that includes widening of the street right-of-way and constructing and installing drainage improvements where needed in August and October of 2019 due diligence was conducted on the needed right-of-way parcels and initial offers were made by the third party acquisition firm and negotiations have begun to date about 75 percent of the parcels that are needed have been acquired and negotiations are still underway for the remaining seven parcels which are owned by five property owners. This current action item will authorize the acquisition firm to send final offer letters to the remaining property owners and in the event an agreement is not reached approval of this item also will authorize the city manager and the city attorney or their designees to initiate eminent domain action to acquire the needed interest in the remaining properties. Here you see the exhibit that identifies the remaining parcels to be acquired some of these properties have been acquired the first on the list have actually been acquired since the agenda item was prepared and others are in various stages of negotiation. We've identified not only the parcels that are needed but the owners and the principles for the properties where an LLC is involved and following a motion I will begin identifying and showing the survey exhibits for the parcels that are outstanding. Okay I apologize all right so is this we need to leave this up is that correct Aaron while we I think it's read the motion we need to leave it up on the screen. Yes mayor and just for clarification it's been a while since we've had a condemnation proceeding before you as well as the motion which was usually placed at your individual stations on the dais that was circulated to all council members via email earlier this today by Trey Lansford and so if you have those handy any of you who wish to make a motion you have the language to use. Since we have to leave this up on the screen and it's hard to see people I will go ahead and make the motion and read the motion and then after the reading of the motion and second then we can pull the I believe the survey down is that correct. Yes okay so all right for agenda item 20-065 which is agenda item 5a I move that the city of Denton after having made the offers required by state law use the power of eminent domain if needed to acquire the various fee simple parcels of land permanent drainage easements and temporary construction easements generally located in the MEP and PRR company survey abstract number 927 and the moray or morrow forest survey abstract number 417 city and county of Denton Texas and being more particularly described in exhibit a to the ordinance now under consideration and on the screens overhead as here the screens on our computers and those viewing at home now being displayed for the audience all of which are for a valid public use being necessary to construct and expand the roadway drainage improvements to serve the public and citizens of the city of Denton. Chair would look for a second council member Ryan I'll second all right we have a motion and a second. We will now pull the council I'll have to okay council member Ryan how say you aye council member Meltzer aye council member Davis aye oh they're fixing to mess up my mayor pro Tim aye council member Armitter no and can we get to ask questions first or the motion comes first oh no you can you yeah I'm sorry if you were I'm sorry I wasn't able to see you so what we will do is we will suspend the voting and we will restart the voting after you've asked your questions because I couldn't see you on the limited screen I certainly would have recognized you if I knew you had a question before we started the voting so I apologize okay council member Armitter go ahead so is anybody here to speak about this is what I wanted to oh oh I'm sorry no there's no one I apologize there's no one on the phone no and we've had we've had no one using our online form or anybody's called the three four nine seven eight hundred to register their position so no we've not had any public comment on this no okay and Mayor Watts is an aye so the motion carries I believe six to one oh councilmember Meltzer did I get you yeah I was already voted okay all right oh councilmember Briggs I'm sorry I knew I forgot somebody no all right so I will restate that voting count the vote is five to two in favor of this motion we'll move on to agenda item 6a which is items for individual consideration consider adoption of an ordinance of the city of Denton a Texas Home Rule Municipal Corporation authorizing the approval of a first change order to a design build agreement between the city of Denton and Thomas S. Byrne Inc. amending the agreement approved by city council on March 3rd in the not to exceed amount of two hundred six thousand one hundred fifty dollars and staff is that the is that the change order amount or is that the original agreement so we'll go ahead and take staff presentation that'll they'll answer that question for agenda item 6a Thank you mayor council Scott McDonald director of development services I'm here today to discuss the first change order in the design build contract for the new development services center. As a reminder this this change order is for the pre construction services of the property that's located at 401 North Elm change order is recommended to be approved for the design build contract for Thomas Byrne the original contract which was passed and approved by council on March the 3rd was two hundred six thousand one hundred and fifty dollars the proposed change orders to reconcile the design and pre construction services which were affected by changes from the scoping staff that staff provided to the design build firm the net contract increase is sixty six thousand three oh four the new contract total as proposed would be two hundred and seventy two thousand four hundred and fifty four. Okay all right if we could so renovation estimate actual okay all right okay if we could pull the staff presentation now so we can entertain questions from the council yes councilmember Bometer yeah can you speak to how much we've spent on this so far if anything. It would be that amount so what we've done is all of the pre construction services so that is the design build firm initiating all of the bids and the design work and a set of construction drawings so that amount has actually been spent so that money is has already been paid is that correct that's we're asking for approval to pay that amount okay so it hasn't been paid yet is what I'm saying so none of it has been paid that's what I'm trying to get clear the the no that's the contract amount we've we've made a partial payment I can't tell you what that number is and Cassie Cassie is is on the line as well so so Cassie if you know what the partial payment was I'm curious to know or as well I can answer that this is Chris Squadra with PPV there have been no payments made to the design builder under their contract they've made an application for payment but none of the 206,150 in their original contract has been paid out by the city the current contract of 206 150 is in place based on a three million dollar project okay thank you thank you very much so that's good to know so I will I will say that well I think this is an important project because the the rent at the current location is is very costly for the city and and so I strongly support moving the building I think it's a better moving the location of this department I think it is better ultimately for the taxpayers I'm concerned about spending that money right now so I'm going to support I won't make a motion just now because I want to hear what other colleagues have to say maybe I'll change my mind but right now I'm inclined to to want to postpone this until after the COVID emergency is is over meaning after after the emergency ordinance so that is that is my feeling right now but again I support this project I just just don't support spending that money right now Councilmember Briggs did you have a comment or question just a just well both really it's my recollection that we did get out of the lease so that we could leave that building to stop paying the rent and really are just in limbo right now while the COVID is here we're able to work from home but eventually we'll have to have a building sooner rather than later to to move into is that is that right you're correct okay thanks Mr. City Manager or staff and I and I agree with Councilmember Briggs sentiments I mean we've we've already given I believe our notice we've negotiated an exit deal this is a good opportunity to save the city taxpayers a lot of money over the long haul because we're paying rent right now with this would be the building that we own is is any of this related to additional measures to design the building based upon any of the requirements as presented by the pandemic for the COVID-19 virus yes we have an internal team right now that has set aside about three and a half million dollars partly to be used on this building City Hall City Hall East and service center where the COVID related expenses can be used to help offset some of these building costs I think the other thing is is we were going through our our budget reductions that we shared with council in April we took out a number of building projects that have been contemplated assume that we were going to be working with the zero O&M tax levy increase the debt service side we're still working through right now we contemplated three or four cents but we're trying to get that down quite a bit this building needs to go forward it's going to take about six to eight months to to build out the CEOs have been issued for it and we are trying our best to as the mayor stated bring in additional dollars we are also going to be moving forward and making recommendations with the police department but the the prime and you'll hear more about this on June 30th the primary driver in all this is to make sure we can pull off these building projects with minimal impact little to no impact on the tax levy so it's already been contemplated that these those two were two major projects the other projects that we felt like didn't need to go right away have all been removed from your budget okay councilmember Armitage could you explain it could be for the city manager or staff who can answer how much dollar wise of that is going towards COVID preparedness for for the buildings mentioned and as we can get eligible and if you could it could say whether that's coming from the care money that's coming federally been designated to the county going down to cities or CDB you could just clarify this it will be care dollars that we're trying to get spent on this facility city hall east the loop 288 building we just purchased and city hall itself so we've we've currently got a three to three and a half million dollar number in there to help us offset those building costs this particular project and the police department are really timely because we're going to be able to time those funds in time when we're currently under construction build those dollars into the budgets but this does nothing but help us reduce our initial budget proposal we're hopeful okay well yeah thank you for that you know I well I understand that that's one way one can spend those funds you know I myself feel more comfortable using that money at least that amount of it which is why I asked about the dollar amount for the the relief measures that we've discussed again it is still going we still have there's a lot of that money and it is going to relief so I don't mean to give the false impression but you know considering that that we have that people can can safely work from home as long as COVID is a concern and assuming that we're not going to go back to work until have everybody go back until it's safe to go back I can't quite approve of that now but I want to make it clear and also that I do support this project okay all right any other questions for staff chair would entertain a motion or action on this item mayor pro tem all right move approval councilmember Melcer second all right we have a motion and approval for agenda item 6a mayor pro tem house say you all right councilmember Melcer aye councilmember Armater no councilmember Davis aye councilmember Briggs yes councilmember Ryan aye mayor is an aye the motion carries 6 to 1 moving through agenda item 6b consider adoption of an ordinance of the city of Denton Texas a home rural municipal corporation authorizing the city manager to execute the guaranteed maximum price amendment to design build amendment with Thomas S. Byrne and company for the city's new development center guaranteed maximum price of design build contract and the amount is not to exceed five point five two one seven oh two million dollars mayor council Scott McDonald director of development services here to speak with you about the first amendment to the design build contract for the development services center building as the previous presentation indicated the same property which is at 401 North Elm this is the execution of a first amendment for the contract which was awarded to Thomas S. Byrne this this contract ultimately is amending the contract which was approved by city council it was anticipated the proposed amendment provides additional design engineering renovation for the development services building this first amendment expenditure amount is not to exceed five point five million dollars five five five million five hundred twenty one thousand seven hundred two dollars excuse me which includes a five hundred and sixty seven thousand five hundred and thirty three dollar owner's contingency which is going to take care of any of the unforeseen issues COVID and the alike got a very brief breakdown of ultimately how we were to get to this point the approved budget for this project was eleven million six hundred and fifty thousand dollars the item that was just passed was the design engineering and other pre-construction services to the amount of two hundred and seventy two thousand four fifty four the balance of the breakdown within this category shows each of the prices that we were able to secure in order to complete the build out of the property I will say unfortunately that we're working in the event that we are with COVID and it has been a very competitive environment we've received a lot of responses to our bids and the sub bids and ultimately we've worked well with coming back with a very competitive market we're fortunate in the fact of where we're at as we've worked through this and we have the design builder contract amount which is requested here tonight of five million five hundred and twenty one thousand seven hundred and two dollars over and above that we'll have furnishings for the building IT security and our audio visual costs some other city soft costs which is ultimately the consultants we have several on board and any of the materials testing that we may do any of the unknowns that we have to contend with and then our property acquisition was four and a half million dollars so again takes us back to that project total of eleven million six hundred and fifty thousand dollars you have a series of items in your in your backup in the agenda which provides greater detail to this ultimately we're looking for council approval today what will happen then notice to proceed will be issued effective tomorrow the subcontracts would be let contractors will be mobilized we'd convent can commence the renovation work June of the 11th we would have final inspections which would begin October 7th for staff move in November 13th 2020 the building would be open to the public December 8th it's important for me to remind council that we have actually vacated the space that we we were occupying the lease property we are working largely remotely and in order to get this building completed in a timely fashion it's it's imperative that they follow these timelines and that it works very nicely with the police department renovations as we're going to relocate other departments within the facility and I'll stand for any questions all right if we could pull the presentation down thank you council member Briggs yeah what is included in the exterior envelope because I know that the building on the outside that it's pretty and it's old and I know that that might not be included but I'm the parking lot needs renovations their landscaping needed significantly lighting is any of that included or is this going to be a different item that we look look to there are some dollars that that we have for the parking lot that is not included within the scope of this bid we do have some elements to the building that that on the exterior anything that really is in that framework of within the sidewalk of the structure so the vestibule canopies the glazing but we do have plans for the parking lot resurfacing the parking lot we're going to use some solar lighting and we'll be doing some minimal landscaping until the environment's a little better that we can work through a rebuild of the site okay all right thank you anyone else mayor pro tem move approval council member Ryan I'll second we have a motion and second for agenda item 6b how say you mayor pro tem aye council member Ryan aye council member Melcer aye council member Briggs oh yes council member armature no council member Davis aye mayor watts is an I the motion carries six to one moving on to agenda item C we've got consider adoption of an ordinance of the city of Denton authorizing the city manager to execute the third amendment to the airport lease agreement between the city and Nebrick properties relating to lease premises at the Denton enterprise airport and we do have a public speaker here and we will take staff presentation and any council questions and then we will move to the public comment good evening mayor members of the council Scott Gray director of airport I'm here this evening to present the item before you for an ordinance for the adoption of a third amendment to the Nebrick lease agreement the current lease agreement currently restricts the fuel sales from the existing fuel system to only tenants on the premises you can see by the the graphic these are the areas that include the whole Nebrick facility there's approximately 40 hangers smaller hangers and one large hanger and you can see the the fuel facility right here in the quarter the tenant has desire to have the ability to use this fueling system is permitted by the new airport guiding documents was adopted by council in February this year so the tenant has requested the lease be amendment to include the ability to exercise those new privileges under the chapter three I won't read all of the amendment language here but I did want to point out that the sub items one through four are all of those additional items added that would need to be met in order to meet the new chapter three code and minimum operating standards and our rates and fees schedule and staff does recommend adoption of this ordinance as is provided to the council if we could pull that down and then we'll see if there's any questions and then we'll take public comment any questions on this agenda item before we hear public comment all right if we could go ahead and put the caller through caller if you could just identify yourself please absolutely this is Jeffrey soles 1500 no ridge circle owner of overtop aviation and u.s aircraft appraisals okay yeah you were with us didn't city council on agenda item 6 c so once you you stated your name and address but if you'll state it again so I can start the the clock you'll have four minutes absolutely jeffrey soles 1500 no ridge circle owner of overtop aviation lc and u.s aircraft appraisals and have a vested interest in a business at the dentin airport my call today is is the objection to this change in the lease agreement the original lease agreement for the break was exactly for his tenants as it states here but the concern here is a few different things if you go back to some of the points that you had up on the on the page it'll show the taxiway going down by there that taxiway if you start letting other people from the airport go in there and fuel trucks go down there to be fueled then you're creating a hazard that is not a controlled area it's on the opposite side of the airport controlled area it will it's going to be a hazard and somebody will end up getting her over it and so I would say that this this was set up to be exactly what it is and it shouldn't be allowed to go any further okay are there any questions for the caller for mr souls uh yes we've got a couple are you still on the line yes and okay council member armator yeah so um i'm concerned about the concerns that you mentioned any safety concerns i've never i've flown in a plane i've never flown a plane before if you could i don't know if you're in a position where you could email to all of council some illustrations anything like that uh so i could kind of quickly research the issue i plan to ask staff about that and i understand what you said so far but being able to see the visual or if you have a link to refer us to anything would be would be helpful yeah actually you you had it um right up on the screen and and basically it was showing the area with the taxiway i'm sorry so can staff put that up so he can explain while we've got the visual thanks i understand this is just one person's opinion but i want i want to understand what what he's saying not being you know in in a and so jeff you're able to see the screen you're able to see the state you were able to see the staff presentation i was able to see it and it was on that exhibit workshop the buildings and the taxiway down to the fuel farm okay is this the slide you're talking about that we currently have up on the screen yeah i'm not seeing it yet might be a little bit behind you yeah yeah it's it's called the knee break lease with three bullet points key points right in the first one where it shows it's highlighted the the whole knee break lease and if you see in the red down uh towards the road is uh um it's the uh it's where the fuel farm is and you can see that the fuel farm is right directly close to another building and that fuel farm and the taxiway going down for that is uncontrolled by the airport tower so anybody that anybody can go down through there once they're released onto that taxiway can go down through you see all the hangars that he has with full attendance and a business down there as well there's a business right next to the fuel farm that does avionics work so what what that's going to do is impact and make a huge safety concern in that area if this lease is allowed to go forward and sell to the public you mean explosive is that what you mean well yeah i mean if you're going to have fuel trucks down here you can have other uh you'll have other tenants from all around the other side of the airport coming down in this congested area that just doesn't make sense to me it was built to be exactly what it is and approved under that why it would be changed is i'm sure because of the next agenda item and which i'll be calling back and speaking on that as well okay thank you and can i ask just one more question is so are you of the caller again i understand it's just the caller's opinion but i want to know are you saying that this is you know not up to code or that maybe it's up to to code but still not safe yeah in my opinion it's not up to code either for uh for if you're going to try to which which i believe the next agenda item would would talk about so it's not up a code for that is this is a uh this is a fuel farm that was built directly for putting the fuel into a self-serve if you will that's what it is self-serve so using it for anything else other than that and if for it's his own tenants that's how you know originally structured this so yeah there's a safety concern um with the business down there the amount of traffic that's going in and out of there with his own stuff there now and that little business sits down there as well it's a it's a huge concern and and i see basically i've been hearing that from quite a few okay thank you thank you very much for explaining thanks to staff for putting that slide up okay other questions councilmember briggs do you need to slide up councilmember briggs oh you're not you're on mute councilmember briggs yeah i couldn't see myself so i'm good now um i i don't necessarily need the the slide i just don't have a few questions and it may be from staff and it may be from uh the caller but a few of my questions and so are you saying that the traffic that currently uses that is going to increase significantly if this is approved or the next item yeah absolutely it will i mean there's no doubt about if there are right now nobody else in the field um is allowed to go down there although there are a few that do it um uh this this would open that up as i know the self service fuel thing for the rest of the field and that the taxiway and and that whole area is just not built for that kind of traffic okay my my next question is for the staff um because i i believe we have another fuel farm or something already there similar councilmember briggs are you going to have any more questions for the caller because if not if we don't have any if you could save those unless you want to have staff answers those questions and see if the caller has a response but if if we if you if these are questions just for staff then i can see if anyone else has a question for the caller and if not we can release the caller sure okay anybody else have questions for the caller okay all right uh mr soles thank you so much for calling in mayor if i could uh just make one more point and and it's my uh experience with the fuel farms the the other fuel farm that is mr soles i just wanted for the for the for the public you did have some time left on your clock so i stopped it when we started asking you questions so you do have time left i just wanted to make that clarification so someone doesn't think that uh i would be giving you more time than someone else so i'll go ahead and restart your clock you're at 129 so you have about two and a half minutes left thank you sir yes just just to clarify a little bit of my experience you'll there's a fuel farm just out of there that meets all the today's requirements the containment the uh the fire guard tanks for doing the fueling i was the one that actually built that fuel farm so it was quite a few years ago but i just want to let you know that when it comes to the fuel farms and restrictions and what needs to be done i'm very familiar with it okay all right any any other questions for the caller okay council member armature so now you don't have to answer if you don't feel comfortable but you mentioned you're the builder are you the owner well or just the builder i i am not the owner i was the uh i was at the president of the company uh and uh and actually mayor watch probably remembers me i was the one that went into argued and got the approval to build the fbl and what's the name of the company if you don't mind saying yes it's u.s aviation group we'll see okay thank you is that the current is that the current fbo we have out there it is the u.s jet center is owned by uh over to army i'm sorry uh u.s aviation group that's correct okay all right okay thank you all right uh any more comments or questions you have a couple minutes left mitchell so you you can speak here or you said you're going to be calling in on the next agenda item you can certainly have some opportunity there as well yeah that'll work for me all right thank you sir thank you any questions for staff i've got a couple just uh council member briggs thanks mayor yeah it was the one question i had earlier um it was to address or talk about the safety that was brought up and then i wanted to compare it to the other area where the fuel farm is is there the same amount of traffic is it near buildings as it has that been evaluated are there certain setbacks um that that have been uh looked at or not looked at council member briggs um on the safety issue in the in the items that mr souls brought up regarding the additional traffic down that taxiway the intent of using that fuel farm under the new code requires the use of fuel trucks so it will not increase the traffic going down that taxiway because the tenant would have to use fuel trucks and go to the location of the aircraft they would not have to continue using it as a self-service fuel as it is today so from a safety standpoint it will not increase any traffic down that taxi lane the fuel the fuel trucks as they do today actually um actually it arrived to the fuel tank's land side so they don't tax they usually don't go to the fuel farms via the taxiways anyway they go out on the street and come in the gate it's just adjacent to that fuel farm so they would have no impact on aircraft operations so that's really the safety issues hopefully that answered your question okay all right um anybody else um yes council member davis just so i'm i'm clear you know we had looked at this item we had this item on an earlier agenda it got postponed to this agenda to be taken up in conjunction with um the fbl least stuff that we're talking about the next agenda item is that in part because of what you're talking about that this is moving over from being a self-serve fuel farm basically a gas station for the tenants of this hangar operation nebrig and it's switching over to becoming a truck operated um fuel farm for a future fbo council member davis if if certainly if the this item in the second item are approved then that is the case it would be it would be transitioned to an fbo fuel farm that may or may not be used for self-service that's that's dependent upon the the tenant themselves if at such time the new fbo were to build their own fuel farm at a later date this would revert back to the tenant they could continue to use it just for their tenants or they would have to meet all the requirements to be an fbo as provided in in subsection one through four if they so chose okay so long story short staff does not share the same safety concerns as the the caller we had that's correct thanks i think the mayor is muted you're muted mayor thank you all thank you so much i'm just anyway so when this original fuel station was put in it served only the tenants for nebrig is that correct yes sir that is correct it's not it's not a commercial uh outfit it's not a commercial business where other people can come fuel in i mean they may do it but that doesn't necessarily mean that's how it was set up correct it's the same size tanks as our fbo tanks that exist today we have two sets of those tanks okay it's the same size and when it was constructed it made all it met all of the federal and state um and local regulations it's my understanding that the fire department um and um the entity that might be using this has already confirmed that it continue it will continue to meet the regulations sure for safety sure no no and that's that's that's really i mean i get that uh what you're saying is the actual facilities are sufficient to be an fbo facility that is correct it meets our new minimum standards yes and so um when i hear about traffic that's not regulated at the airport you know in other words i guess taxiways the runway apron space you know there's there's obviously some regulations that the airport can uh employ on those particular uh throughways is that correct yes we have um several of our areas are controlled by the air traffic control tower personnel so no aircraft um taxi in those areas without their permission this area is considered uncontrolled is a lot of our areas that have hangars they're all uncontrolled so the tower um tries to help um control traffic in and out of the areas but again this is not going to increase any traffic that's currently there by the 40 uh hangars that are already there could you put your um could you put that slide up that showed the lease premises and does the cursor work if you're sharing the screen to do oh yes yes yes okay so um the fuel show me where the fuel tanks are again is that in the yellow uh portion it's right here in the red sir oh you know i can't see that because i've got i'm seeing all the council members i apologize okay well there you go people probably thinking what in the world he can't see that it's right there this is the taxi lane that was being referenced right here so this the runway is off to the left of this picture the runway taxiway system um is off to the left of this system and explain to me refresh my memory on what the yellow represents there's actually two parcels that's part of this leasehold so both of these got you blue and the yellow are the full leasehold properties of the nebring so my understanding is the current lease allows all those hangars to have access to the nebring fuel farm both in the yellow and in the purple or blue that is correct all right and um so anybody that's renting from there can get on these uncontrolled aprons and taxiways and get down there and get fuel and then come back into a controlled area get on a taxiway and take off that is correct where is the current fbo in regard i mean do you have a slide showing that i have that on the next presentation that has a little bit bigger view there's a fuel farm right here just south of it and there's another fuel farm that's just off of this picture about right here which is the other those are the other fuel farms that we have on the field they're all three in this same area and which one of those are the current fbo's these two southern ones okay so those are the only ones you've got these and then you have the nebring fuel farm is that correct yep those are the fuel farms there's one self-service fuel island further north on the airfield that's just off of the taxiway okay so for the current fbo's fuel farms um and we can't see it but are the taxiways or aprons controlled in access to those fuel farms neither one of them are accessed by a taxiway um but are they controlled but are they uncontrolled the same as the observation is for the nebring fuel farm the area is uncontrolled but there are no aircraft access to those two fuel farms because they currently are not using for self-service so when the nebring fuel farm were to transition to using trucks it it it won't have any additional traffic coming down here just the same folks could use the fuel fuel facility but everybody else will be fueled via a truck via truck yeah as our existing fbo does okay so what what i'm hearing you say is the i apologize colleagues i'm trying to understand this because it's it's it's important in my determination of how i'm going to vote on this so what i'm hearing you say right now is the way it's currently situated airplanes can taxi from the yellow and orange on that uncontrolled space fuel themselves up at the nebring and then go about their business go on their trip or do whatever yes is that correct or or um okay and so with the new configuration then what they'll do is they'll fuel a truck at the nebring fuel farm move that truck out of that area of those two leasehold interests to somewhere else where they would then fuel aircraft based upon that business is that correct that is correct just like our existing fbo does all right so the existing fbo gets a truck and i and i appreciate that because if there was having to be additional aircraft come down through there to get that fuel farm in other words it's self-service um i would struggle with this with this that is certainly not the intent yeah and and i guess the only other thing which um i mean i understand all this but once they get their fuel facilities up then um this will revert back to its sort of original condition status quo prior to any of us doing any of this today that is correct they would have the opportunity if they chose to be their own fbo but they would have to construct additional apron and meet all of the other minimum standards which they don't have a desire to at this time okay all right um so what i'm hearing you say is the way that they get the fuel from both the current fbo and later on potentially the proposed another proposed fbo they both have trucks that go to the respective fuel farms fill up come out to somewhere else on the airport to fuel the airplanes correct they generally go to wherever the aircraft is stored or okay where it's sitting on the on the airfield on the neighbor okay all right i do appreciate that that's helpful thank you uh okay um if we could clear that slide off so i can see i was wondering somebody said something red and i never did see anything red on there so i had my slides up okay so uh any other questions or comments and then council would uh chair would entertain action council member briggs thanks there just a follow-up to to your question um you asked about more aircraft going through there or not going through there and he said well that's the intent um because that is a concern if there's more aircraft going through that space does intent mean that there there won't be or there can't be or it could be put in the lease or i'm trying to figure out the answer to your the answer that you had for the mayor's question certainly uh council member briggs the the current fuel farm is is used by each of those aircraft owners to taxi down there get their own fuel and then taxi out to the runway system and depart with under the new regulations if it's used as an fbo fuel tank then you're required to use trucks and they'll fill that truck from those tanks just like our other two fuel farms and the trucks then go wherever the aircraft is to fuel them on the airfield if it's such time it's not used in the future as an fbo fuel farm it will revert back to the existing tenants to use that because they won't meet the minimum standards to be an fbo if such time later in in the future they choose to be an fbo and can meet all of those they'll have to go back to using trucks from that site all right thank you so the way that the current proposed fbo they will construct either the apron space or lease or something that as you said meets those minimum standards for an fba fbo whereas if nebrig wanted to be an fbo he would have to do something different again provide some apron space or something similar according to our minimum regulations that is correct all right okay uh council member or i'm sorry mayor pro tim hudspeth thank you yeah so just to follow up on that make sure i'm tracking right well first just for my edification understand how do you order a truck so you have a you have a plane you want to get fuel you what's the process to order a truck to come fill up your plane uh mayor pro tem the the aircraft owner would call the fbo and and say i need fuel i'm located at this location on the airport they would dispatch the fuel truck to that location and provide whatever amount of fuel that you would desire got it thank you and then what is the trigger back and forth uh between so it's the same static if you will fuel pump for lack of a better term but obviously it seems like there's a vacillation between a declaration of fbo are not and and just trying to understand is that the document we're looking at or is there some other mechanism for uh making making that declaration certainly the council adopted the new regulations for the airport chapter 3 and all the associated documents which included the minimum operating standards which spelled out all of the specific requirements to be an fbo in that document that was back in february so in order to be an fbo not only do you have to have certain size fuel tanks you have to have fuel trucks you have to have trained personnel to pump that fuel you have to have certain hanger size lobby size etc certain operating hours and be able to accommodate a variety of variety of aircraft from small aircraft to jet right and so if i take that a step further though is it possible to operate in an environment where i have all those accommodations but don't want to be an fbo does that make sense so i i have the lobby i have all the the capabilities of being a fbo but is there a method by which to say i don't want to operate as an fbo even understanding i have the opportunity to yes yes sir i'm following you now um yes if you if any tenant wants to be an fbo they have to submit an airport business permit making that request and indicating how they're going to meet all of those requirements before they will get the approval to conduct that service and what is that document called it's the airport minimum operating standards and that is filed with with your office that is correct okay thank you thank you mayor you're on mute so um my question uh is if they become an fbo are they um are they still able to use this as a self-serve or by becoming an fbo they must only deliver by truck so now the tenants that are there that have been using as a self-serve will have to call the fbo and have it delivered to their to wherever their aircraft is whether it's in their hangar or somewhere else on the airfield they um council member uh ryan they in order to be an fbo you have to use trucks so generally fbos use their trucks to go to wherever the aircraft is because it's more convenient for their customer rather than starting up the aircraft and taxing it to a location um it doesn't prevent them from using it as a self-service fuel island but generally fbos do not do that they usually have a separate location for that to take place which we have on the airfield so it's quite possible it'll actually reduce the amount of traffic going down that that uh taxiway to because some of the tenants would have fuel delivered to them as opposed to actually going down to the tanks they certainly could so the fuel truck is i think as mr uh sules had mentioned a fuel truck may come down that taxiway they certainly may because they need to get to that aircraft to put fuel in the aircraft for the owner rather than the owner doing it himself like like you do with your car okay thank you scott but i guess when you say the fuel truck may go down that taxiway um and i'm assuming you mean the taxiway in front of the two leasehold interests that one taxiway that leads to the fuel farm that's correct it's if somebody on that premises says calls the fbo and says i would like you to come and fill my aircraft it certainly could go down there just like any other location that we have on the airport what it has to go down there to get fuel from the fuel farm the fuel tank the fuel tanks yeah i mean if it's if it's someone else is somewhere else in the airport and they want fuel from that fuel farm they i mean they've got to go down there it's not that they only go down there for the tenants who are currently there to fuel them up but to gain fuel for any customer on the airport they've got to drive down that taxiway and fill up at that fuel farm it's certainly possible they could currently all of the other fuel trucks drive on the street to get to the tank and don't okay you mean you mean on the other side uh on the other side if you could pull that yeah if you could pull that access from the street as well yeah if you could pull that up so if you see my screen here's the tank yeah here's the gate that leads to the tank here's the street hold on let me get my okay go ahead where's the gate the gates right here next to the fuel farm is that a is that a controlled access gate is it locked or is it yes remote control gate it's it's it's prox card entry okay um and that's very helpful because what i'm hearing is that and this is where i may be getting lost that for anybody else but these tenants i mean for these tenants if this all is approved this can either be uh fuel delivered to them by the fuel farm truck all right or they're still able to go do self-serve that is correct okay all right so i'm i'm glad there's a second entryway so for me i i i think i would feel more comfortable and this is just me um number one it seems like they're sort of getting the best of both worlds and i really struggle with this because it seems like it is a fuel farm but it's also still still sort of self-service for the tenants who've always had it as self-service as before so it's sort of a dual uh a dual thing i would feel better are we able to um and i don't know what my colleagues think about this but is it possible within either one of these um agenda items to require the the access to that fuel farm through that gate and in essence restrict the fuel truck from coming down that taxiway we could certainly make that part of the condition of the approval of the airport business permit but where would the city council inject that if that was the wish of the council where would that be done would that be done uh on the uh the sublease uh because these aren't leases the next i'll get well mr city attorney can i can i go ahead and call let me pull my can i just go ahead and call the next agenda item because we're sort of jumping back and forth on this and i think it would be helpful just to and then maybe get a really brief presentation from staff on that agenda item we'll vote on them separately but i think we're they're both sort of together and i think it would be better for the discussion if we can sort of look at them together that's fine mayor okay all right i'm just going to go ahead and call that item uh it's six d consider adoption of an ordinance of the city of denton approving a consent to sublease between nebring and associates for lease of a fuel facility and equipment uh and so scott just real quickly and maybe this will be the jest of the presentation then we'll we'll get mr souls in here after we have some other questions because i know he's on the phone since he told us he was going to be on this call in essence is this this particular agenda item is where the sublease occurs to create uh and satisfy the requirement for the business airport for the business operation airport operation business permit because then they have access to a fuel truck a fuel tank go ahead yeah i was trying to i was trying to uh do the cliff notes on the presentation but go ahead i did a very poor job of that oh staff is muted yes scott you're muted sorry about that i can certainly walk through this very quickly this sure yes go ahead the consent the city's consent to allow a sublease between nebring and u.s trinity aviation okay here's here's the picture i was talking about earlier gives you a perspective um down here's the the nebring fuel facility that we were talking about here's the terminal building give you a perspective airport road along here and then the trinity aviation facility up here the other two fuel farms are right here just south of those other facilities so the nebring lease agreement does require the city consent to subleases of any or all portions of the premises except for storage of aircraft the city may not arbitrarily withhold that consent in accordance with the lease agreement the sub lessee would have all the rights afforded in the master lease as we discussed in the in the previous item this fuel system does meet or it did meet all of the federal state and local environmental and fire code at the time of construction so our understanding that it would meet all of that requirement today if it were used for filling a fuel truck and staff certainly continues to recommend this ordinance as provided okay uh councilmember armature i see your hand yeah so this is a a little late for it but um just a point of procedure don't we need to move or should not shouldn't we have moved to have tabled the previous item until after this item didn't that need to be a motion to table it i mean i support having this discussion i'm just wondering no i mean we've done i didn't as far as point of procedure goes we we've done this before where we've called two items at once that were sort of together oh yeah and we've shared the discussion time but then we have to vote individually on them yeah and that that i understand i just mean because we weren't going to do that originally and by the way i'm fine with us discussing this now i just wonder if we need to do that because we were originally going to do one than the other right well no i think what i said was could we call the other item because our discussion is is jumping from one agenda item to the other understanding that we would have the presentations a joint presentation now but that we would need to vote on them individually oh yeah i hear i hear you i hear you is just anyway i guess maybe a point for the city attorney or question for the city attorney you don't need to move to table no since the two items are very uh interrelated and it's makes it easier for the council to understand the what's before you by talking about both items so that you can jump back and forth okay great i'm all for that so even though we didn't mention that at the beginning that's fine okay uh all right um okay okay if we could pull that down so i can see the council all right any questions on on this council member breaks yeah so i i have some questions and concerns about the the tanks themselves um i do think i heard scott talk about that they're up to code but if you could just uh talk about the connection to the port or um and if that's up to code or if it's just general overall codes could you just talk about that a little bit if there's some concerns councilman briggs i think i missed part of your question but i'll answer in regards to the um the code the the facility was constructed and met all of the requirements for federal state local and epa regulations at the time of construction it's our understanding that the fire department is also um conferred with with the potential new operator of what they intend on doing to that facility and it will still meet all of the the fire regulations as necessary um the whatever they end up doing to the facility would have to be um would have to meet whatever the code is for that particular improvement it wouldn't require the facility to be completely reconstructed and meet um necessarily all the current standards it would have to meet whatever they touched to meet the current standard okay so so there's not any extra leakage or spill or anything like that and if it did become what it probably will it they'll have to go back in and update or fix anything that is that there's issues with certainly if they're with any of our fuel farms if there is any kind of leakage that would be a significant concern for us with our swift and we would require them to make any necessary repairs relevant to any spills i believe all of our tanks at our facilities are double walled tank so they they do have self-contained some of them only one of our fuel farms has a concrete retainment area the the other two do not thank you okay any other questions for either one of these agenda items uh so scott it looks like that if if i were to propose that restriction to address the safety issue of the trucks coming down the taxiway it looks like that that would be under agenda item mr city attorney where would that where would that need to go i guess because we're only putting that i would only want to put that restriction on if it becomes an fbo service so that seems like the agenda item that that would fit more appropriately with his agenda item d is that correct the consent or can we make a can we make that consent conditional upon something am i muted no no i'm calling upon uh deputy city attorney trade landsford to address that question all right mayor yes if you wanted it on one of the council agenda items i think d would be the way to go um as scott gray pointed out a little while ago i think it could be also done in the approval of the conditional approval of the airport business permit and that that would be a way to handle it as well um since the consent item on not or the consent to the sublease item d is approval of of what was the consent between the two of them it doesn't necessarily mean that it has to be used for fbo purposes the the sublease but certainly we believe that's the intent but nothing in the sublease itself so it has to be for fbo services if that makes sense yeah so i i think that what we could do on the sublease is just simply say that if the if the fuel farms are subject to the sublease for this agenda item uh become a fuel farm as permitted by the airport whatever that term is again that then the access would be restricted to uh the street because what what i don't want to have happen is that this sublease occurs and somehow um so before the sublease mayor right sorry if that's the way you're wanting to go i think actually c would be a better place to put it on the amendment to the lease okay all right then it it's going to apply to just whenever it becomes an fbo at all no matter if a sub lessy does it or this tenant himself does it after the fact i think that would really cover more what you're looking for now that you've talked it through yeah now and so my only concern with that is and so i just i'm trying to think through all the possibilities so forgive me but if we put it in the lease amendment agenda item c that doesn't require then if if if mr nebrig or nebrigan associates does not create a fuel farm and it's just self-serve for their tenants only then that requirement would not be activated is that correct they could they could still drive down the taxiway and and um uh and is the is the sublease to us trinity aviation llc if they were how do i put this not knowing how airports work or fbos so if they sell to a third party uh fuel and they get that fuel from the nebrig fuel farm they have to be a permitted fbo at our airport is that correct that would be correct if they're going to if the if us trinity or whatever entity later on is going to use that fuel farm as an fbo then they would use that fuel farm to fill their trucks no what i'm saying is could us trinity say we're not going to be a fuel farm i mean we're not going to be an fbo but we want to be able to sell fuel to aircraft that are on the apron and we'll go and fill up here at the uh at the fuel farm nebrig fuel farm and then go out and deliver fuel to the airplanes that are tarmacked on on our airport uh can they do that without being an fbo permitted fbo okay no sir the only way you can sell fuel in the airport is to be a permitted fbo perfect you you if i if i would that's a very succinct question i could have asked but i could not quite get it out so so to get to your point about the the safety concern in in his tray and i indicated earlier we can certainly do that as a provision within the approval of an airport business permit for fbo services using that fuel farm that the trucks would be required to access the location via land side what it seems like you you prefer that method what's the advantage to doing that in the what's the disadvantage to putting it in agenda item c because the council i don't believe i don't believe sir that there's an advantage one way or the other it is another option if you so choose then the items as presented would not necessarily have to change but it's certainly the council's okay so that's to do it however they'd like we certainly can do it administratively as part of our business permit approval process okay um so the concern is we just got to change the documents basically i mean that's i mean because the ones we have if we were to add that we've got to amend the document and either um uh i'm sorry i was uh smirking at a visitor on one of our screens so so mayor if the council desires to to change that language um to have that provision in there and adopts it that way we could we could get the the um amendment change to include that provision and get it back to the parties for their approval gotcha okay council member davis i appreciate the my colleague's indulgence in my long wait minutes but important questions mayor the other advantage i could see to doing it um in the uh in the i'm sorry the business permit would be that i assume that scott and his staff have been in close negotiation with the new sub lessee and the council now inserting a new new term into lease amendment i we haven't heard from them yet uh i assume that they'll be fine with that scott his staff seemed to assume that they'll be fine with that but um we haven't heard from them yet if the new sub lessee is is on board with that so i'm i'm fine with doing it either way but we have in front of us a couple agenda items that have been well known to everybody out there at the airport for weeks now and if we're going to approve them i kind of rather approve them clean up and down up or down and then if we're concerned about airport operations leave that to the airport operations folks and let them work that into the business permit just my personal preference and mayor if i may council member davis um the new fbo general manager used to operate one of our fbos and they did access their fuel tanks via the street system so i would be surprised that they would not be willing to do that so clarification for council member davis you said that you know to to your preference would be to adopt these two agenda items clean as presented and then leave it up to airport operations to sort of figure out the uh the safety protocol but are you saying that therefore they could say we don't necessarily think you have to fuel it from the street this is this you're restricted this only or are you saying that you're okay with saying if it's an fbo fuel it from the street you're saying you don't want to make that decision to council shouldn't be involved in that decision you know it seems like the sense that that i'm getting is that council wants to be involved in that decision at least some of us want to be have a say in that decision i'm not convinced just based on that one phone call that we've gotten that it is a council level decision um i would be fine leaving that to staff to continue to operate the airport in the safe manner they have if the council desires to do it i mean we can direct staff that we would like to see that in the in the business permit we could do the lease amendment like you've talked about just my personal preference is is really that that we'd be hands off if we're going to get hands on my preference would be that we do it in the at the staff level and not the council sure okay i appreciate that thank you for your input council member armature just to kind of lay my cards on the table so i appreciate the suggestion made by the mayor and also the concern raised by council member davis and i believe i understand and appreciate both of them i myself based on the concerns that the caller introduced i feel like i need to do some more research and that i don't have the time to do right now to find out some some follow-up questions about about those concerns and but but i will say that i might you know if this came back to us i'm not going to necessarily propose that but i i might approve for instance of the amendment that the mayor is suggestion guessing or i might decide as council member davis is saying that you know this might not really be up to us for now i don't feel like i i know enough to be able to dictate that so i i need to do some more research on that based on what the caller said anyway that's why for now i'm going to vote vote no because i i just it raised a number of new questions if that makes sense but i do appreciate both of those concerns and the suggestion from the mayor okay all right any other questions before we take public comment i see one caller might have been waiting for a little bit of time so i appreciate their patience any other questions before we so what we've done is we've discussed both agenda items and one of the callers is a is has already spoken on one of the agenda items so he's speaking on agenda item d and the other caller was he signed up for agenda item d as well okay so both of these callers are on agenda item d and they will get four minutes and then we will vote on agenda item c and d separately all right so we'll take our first caller to speak. Caller if you could identify yourself please. Good evening this is Mike Sykes with U.S. Aviation. Mike welcome to the Denton City Council meeting for agenda item 6d you will have four minutes to speak once you state your name and address and you can begin at any time. All right thank you well good evening Mr. Mayor Watts and council members again Mike Sykes U.S. Aviation at 4850 Spartans Drive in Denton Texas where this is operates out of the Denton Enterprise Airport and have been there since January of 2006. Thank you again for the time i apologize being on hold i've been unable to listen to the commentary that's been going back and forth on this item so i hope i'm not going to be redundant so i will try to expedite my comments not to be uh kind of belaboring this point but wanted to speak on this proposed uh sublease of the fuel farm from Nebrigan Associates to U.S. Trinity Aviation and my first uh point would be or comma would be that this uh sublease would in essence represent a change in the operator of the fuel farm and probably more importantly from at least my perspective is a change in the use of the of the fuel farm or a change in the nature of it how it's going to be used and i think that these two items may require it to be reviewed and brought to current fire and or EPA code but i believe the change in the use is a critical item for consideration that i want to bring forth tonight and so these tanks are built to be for a self-service fuel farm where aircraft can pull up and fuel their own aircraft and now this proposal would change its its use to where it is transferring fuel from the tank into what's called a refueler truck and that's a very different process and as it is currently designed and built the only way to transfer the fuel from the tank into this truck would be by utilizing the same dispensing system kind of like you would fill up your car so taking that same kind of dispensing system and fueling up uh the truck which can be a thousand gallon truck or a three thousand gallon truck so pumping a lot of fuel just over through the uh port opening in the top of the truck and we believe that's a very unsafe uh process and way to transfer fuel in fact the uh at the airline transport association of america where we get a lot of our guidelines from a safety perspective in section 2.10 states top loading of a refueler truck is not permitted so meaning this process which i just described of taking this the normal hand dispensing hose and going to the top of the truck it's the porthole and and fueling the truck that way they say is strictly not permitted that that is an unsafe practice and not permitted the national fire code the national fire protection association nfpa 407 it goes on to describe this as well in chapter 5.1.1 2.1 long edition there it says the loading rack which is their description of the the fuel farm shall be equipped with an automatic shutdown system that stops the tank loading the tank loading being the truck stops the tank loading operation when the fuel servicing vehicle tank is full so it's just one of the other safety measures they're saying it should be present that if you have a proper transfer system out of the from the fuel farm into the truck it should also be equipped with an automatic stopping system that when that truck gets full and so it's if it was designed to be used for this purpose it would be a total different type of pumping system and piping system to allow this transfer fuel from the tank to the truck and again as it is currently designed and in operation the only way to do it would be in a way that we believe is is highly unsafe and against recommendations of many trade associations and then finally the the dent fire code in its section 11.1.1 where it kind of gives the scope it says this provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code when an alteration repair addition change of occupancy or change of ownership occurs or if a proposed use poses an increased hazard based on life and fire risks and i believe that that uh yeah clearly qualifies as an increased uh hazard and therefore would impose these regulations be uh yeah mike your your time is up um uh and you had a little bit more time so i just wanted you to be able to finish that thought but i do want to see if there's any questions for council from council members for you i appreciate your appreciate your comments council member davis thank you mayor hi mike i appreciate you calling i appreciate the communication you've had with the council on these issues and your concerns um and you know we've enjoyed your hospitality out there at the airport a number of times now but i wanted to know i understand your safety concerns with the current configuration and the current setup out there but is there is there any reason really to think that a new sub lessee if they were going to change the operation out there wouldn't also update the fueling system in some way that they would not you know if the industry standard says you're not supposed to just have a a gas nozzle into the open top of a truck maybe they wouldn't find some way to uh to retrofit what's already out there yes mr davis that certainly is is possible that they could retrofit that and address that concern that doesn't address the other fire requirements when when we uh constructed tanks nine years ago it was required that the tanks be set in what's called a secondary containment area which means should the tanks have a catastrophic catastrophic failure and dump all of their fuel that that fuel must be contained in a uh concrete barrier area to keep the tank the fuel from leaking elsewhere as well as a containment area for the fueling process when the trucks come in the field with that also if there's a failure there you got to capture that fuel and so it doesn't have those those capabilities either and that would be very difficult to uh retrofit but probably the the most difficult ones are these tanks are not what are not what's called fire guard tanks which uh again was the code that when we built our tanks nine years ago which means they got to be both double walled tanks with concrete in between the two walls a very stringent requirement and that's impossible to retrofit at this point that would just be purchasing new tanks the only way to meet that requirement thank you those are my questions uh council member armature then council member breaks i'm just wondering have you had a chance to actually to speak to the airport board to actually uh if you're speaking to the advisory airport advisory board uh no uh this issue hasn't gone before them because of kobe 19 i think they've been canceling their meeting so we've not had an opportunity since this has come up to speak with them okay well that's helpful so it hasn't gone through them because i was gonna um one of the things i was going to do for research one was to ask my appointee on the board he's a former pilot just to kind of run it by him so anyway but thank you so i i i do think it would be nice if they could go by the board i would like to know what they would think i'm i'm saying that to my colleagues not asking you this way yeah so mike i have a couple oh yes mr mayor just to the point of clarification the airport advisory board does not hear lease issues that is not in under their purview yeah and i believe this did go before the council airport committee is that correct um the council airport committee has has touched upon some of these subjects over time but um we have not had a meeting and and since the covet issue okay but they could they could meet on zoom right obviously yeah well we i don't know if we've i know we've we've talked about which ones we're going to still allow to meet uh or that can meet on zoom based upon our our limited resources um so the the question i have and and i really appreciate you bringing this up because um what i'm hearing and is and so mr city attorney uh you or trey the the provisions that were quoted both at the national level and then at the fire code national level and at the city level that i do know that there are certain things that even if something was built prior to a certain set of codes that if things change because of the public safety component you still can be required to uh bring things to a certain level because this is my concern well first of all my so your your fuel tanks uh have all meet the code you did nine years ago with the double wall the concrete the the you you fill it up at the however you fill it up not through the top with just a regular dispensable handle you're saying the things that you mentioned is problematic your fuel tanks uh do not have those those issues uh that's correct the fuel farm that we we built nine years ago has all those things i will to be perfect candidate here the the secondary fuel farm that we have access to which is owned by the city has some of these elements but not all of them okay so it's kind of in between these two okay and it is certainly something that you know is is a fair game for discussion as well sure all right so uh when i hear that the fire department went out and examined and inspected uh i'd be interested to know uh first of all how old are these tanks how old are these the nebrig tanks uh mayor these tanks were installed um during the 1997 development i believe okay all right and and i understand about the codes and i guess one observation i have is that it is going from a certain type of use to a commercial use right now it's a private use just servicing the tenants there on the airport that are leasing from this establishment is that correct mayor the that's correct yeah oh i'm sorry you're asking staff oh i'm sorry yeah let me identify who i'm asking yeah i'll be asking staff these questions mike real quick uh and then uh and i'll identify i'm sorry that's my fault i apologize uh so when so these these tanks have been used for sort of private use you've been limited to the aircraft that you're leasing to in those hangars uh now we're in self-service in other words i get the image of like you do at a gas pump you pull it out turn it on you probably have a gas tank uh lid for your airplane and you're on the wing and you fill it up well now we're going to a commercial use which means you're going to have a lot more fuel running through here um to for resale and the city gets you know some of those proceeds is that correct uh scott the city gets a portion of the proceeds that is correct we have that in our airport rates and fees schedule okay um so i'm at a quandary here i'm going to be honest with you it's almost like we're being asked do we do do we say because it's there's there an older set of tanks built under a certain set of codes that none of these other codes apply these these codes that meet greater safety requirements i can tell you if i'm changing out a hot water heater in the 30 or 40 year old house um i can't put it back into the codes that existed at the time i put that hot water heater in it's got to conform to the current codes because of public safety and it's not about and there's some things that you can do uh that um you know you can replace but there's certain things you have to bring it up to code i've got a if i replace an electrical service so that's where i'm stuck i'm just going to be honest with my colleagues and the caller and staff um i don't philosophically have an issue with the assignment of the lease and the use of the fuel farms as a commercial operation what i'm concerned about is converting what's been a self-serve operation to commercial operation without us putting in any additional safety measures i mean now some of them he said you can't do it the double walls between the tanks you might as well just you'd have to tear them down and rebuild them i don't know if i'm necessarily going to go that far because number one our fuel farms apparently the city has don't meet all those those requirements but i'm very hesitant to do it in in a manner or to prove this with no requirement for at least some additional safety measures that may not um be as onerous but that still provides some type of safety because of the change of use so philosophically i have no issue with the sublease if it's restricted to filling up on the on the street side but that's even more important why these safety features are are at least some of them so that those are my thoughts and i certainly am going to open it up to the rest of my colleagues i see a couple asking questions i tell you what we do still have a caller waiting is it okay if i take the caller because i know mike's been on the line for quite some time and he hasn't been listening to the meeting i want him to give him a chance to also listen because i'm sure he's going to hear some things that we've said before and so mike i appreciate you calling and and the information that you're that you conveyed and certainly encourage you to listen to the rest of the meeting jeff souls is the next caller up are you there mike we lost mike okay well hopefully mike can hear me and he heard what i what i said so if we could could you identify yourself please call her yes jeffrey souls okay jeff if you could start to set your name and address your time will begin and you have four minutes all right jeffrey souls 1500 null ridge circle um and uh uh just to point out a couple things they've been talking about with the fuel farm um i almost wish i had open like like the city staff did for the airport staff um as i'm listening to things uh but you know not the other two fuel farms i want to point out does not have access by aircraft in other words there is no way an aircraft can get home only the fuel trucks can that is not the same with knee break knee breaks tanks uh the fuel truck can pull in yes it can come in from the gate side but there's still airplanes out there running around that you know there has been plenty of incidents where you know somebody has an aircraft out there the brakes fail or something like that and that that does lead to a safety concern that they could run into a fuel truck um not saying that's going to happen but it's certainly a possibility and that's what we try to prevent is possibilities have happened um the other thing is um uh the the fire department i talked to them this morning the fire marshal's office about this and they had a brief discussion with the airport they had not been out there looked at this stuff yet uh but they would require them to come up to any kind of codes that they need to have so so where they're saying that it's they they've talked to the fire department they've talked to them basically just about what the permitting process or if they even had to go for a permit if it was changed at least the fire department did tell them or the fire marshal's office did tell them yes um and matter of fact they will be calling tomorrow to check on how things went um now if i can just unload for a minute uh certainly not on council but i'm just kind of the whole thing is i and you have two minutes you have two minutes jeff okay um something stinks i feel like i go to your front as i look at this i feel like you know stepped in dog droppings um somehow conveniently we take the word at a lease agreement because they don't meet the fpo requirement because they don't have enough ramp space but we we go ahead and this and the airport pays off some fa funding they get it so they can go ahead and give the ramp space um that was built by the airport over to them for 31 cents a square foot um where everybody else at the airport is 41 cents a square foot and that's just for dirt that's unapproved so i don't understand the rush in this whole thing uh mayor when we came when i came in front of you uh 10 years ago one of the things that i had to do one of the things i had to do was um you know argue the fact that competition is good so i'm not here to argue that competition is not good i would just say being fair to everybody is good so that's what i'm seeing now it's not being fair they can we we took after we got approved to be an fbo it took us a year and a half to to build a fuel farm um we spent millions of dollars getting up and running and yet everything is getting handed to this new guy that came in i don't understand it okay all right um are there any questions for the caller and if not we'll release the caller and uh take questions from council are there any questions for the caller okay seeing none all right uh thank you mr souls i appreciate it you got thank you thank you all right uh council member briggs and then council member armature thank you mayor just some clarifying questions because in the conversation earlier before um the last two callers i thought that um scott said that this was a double wall and that not many of them out there were not so i may have misunderstood misheard that but i just want clarification on that and the next um the change of use is very concerning for me too for the tanks um so is there at the airport um inspections and will so if this does go through will there be an inspection out there to make sure that all of those changes um have been have been done or is it just it's approved you get your license we trust you to change everything um is that i'm just trying to get familiar with the processes out at the airport um once somebody applies for a permit or gets a gets a permit to do something certainly council member um briggs let me step back a moment and talk about a few things um i do believe that that tank is double walled i think what was talked about on the caller is um new criteria when the new tank was constructed required double wall with additional safety features which the other tanks this one and the city-owned tank does not have at the airport um those weren't required at the time of construction one thing i i want to make uh definitely clear to the council is is i've been doing this business for 30 years and my mantra is always safety so i'm not going to let anything take place at our airport um that is unsafe um that's a given if there's an unsafe condition it will be halted and it'll be corrected um in the best interest of the city and the protection of all of our users so i want to make sure that the council understands that secondly i had um conversations with with the new um sublessy and as i as i mentioned that sublessy um used to run um business air for many many years at our airport knows the provisions of of the fueling requirements fuel tanks um much better than probably all of us um in this meeting right now um he has coordinated with the fuel farm i guess it's a maintenance company if you will it's the same one that pretty much all of our fuel tanks are maintained by and as many of the other airports in the area and coordinated with them on what improvements would not be necessary for that fuel uh farm to be used in the fashion that he was requesting was fueling trucks with the additional um nozzle um or whatnot um those folks are professionals in this area um and we would assume that they would actually make them meet all of those requirements to get to the question that council member Briggs asked all of our fuel trucks and fuel farms are inspected by the fire marshal every year so all of them are inspected to meet all of the requirements hose conditions nozzles any leakage all of that is done and documented through our normal inspection process okay council member Briggs any other questions council member armature just a quick question for the caller what's the name of that company oh the the caller is not on the line which which company you i'm sorry the staff it's that person who was just speaking because i can't see anybody from the airport the name of the company the name of the company that does the fuel farm repairs yeah basco aviation i believe is the name of the company okay thank you thank you they've been maintaining the fuel farms at the airport for as long as i i can go back in the records so uh anybody else i've got a couple questions a couple questions here scott um and this is going to sound is anybody from planning services or development available like scott mcdonald if he's not that's okay okay that's fine because my question is when we have co's for resident for commercial buildings and or something and a use is changing i know that there's certain items that have to be brought up to certain codes so to me the the change of the use is is important um and is it true that uh i guess has the has the fire marshal come out and inspected these fuel tanks to say okay if you change these from private self-service to commercial fuel truck service is there anything these are the things you will not have to change pursuant to our code or these are the things that you will need to change pursuant to our code has that occurred um mayor members of council the city has not requested that the fire marshal come out and inspect it that would be the operator's responsibility to do so when and if they would make changes my understanding however is the new sub lessee has had those conversations with not only the fire department but basco aviation as to what they would need to do we indicated to the sub lessee that whatever they do would have to meet whatever requirements that the um that the fire department said so if they have to do extensive repairs to that fuel farm they are well aware of that but that's their choice okay well i'm i'm struggling with this only because i think i'm dealing with a lot of information that i don't really have any uh clear guidance on because i'm going to be i'm going to be remiss to approve based upon what is required i would like to know what is required so anyway councilmember melzer you've been very patient go ahead yeah you know i um this might not be a fair statement but i feel that usually by the time things come to us there's they're so well baked that we don't have the feeling that we've got to uh have a lot of expertise you know beyond late person expertise and the fact that they're sort of you know dueling understandings is you know it just makes uh makes me comfortable but what i wonder is and this is a question for scott would it be reasonable and uh with or outside the course of you know how we do this to uh to uh postpone this for a period of time such that it could come back to us with with a step-by-step plan laid out that's agreed to you know by the uh by the applicant uh oh we just lost uh councilmember melzer um he'll he'll come back in councilmember davis and we'll recognize uh councilmember melzer when he comes back in councilmember davis sure i might get 30 seconds in before he comes back um i i see where he's going with his comment that maybe we need some some more direction but i feel like what's happening here is a couple of things one council is getting itself involved into a highly regulated and highly technical field and we have scott and his staff out there to navigate these waters for us we have trey and the other lawyers who are trained to navigate the faa regulations before these folks can go from a sublease because all we're talking about today is a real estate transaction an approval for a real estate transaction before they can go from the sublease to pump and fuel into anybody's airplane or anybody's truck they've got to go through other layers of regulation including our own staff approving their business plan and including the faa approving their fbo license so we're really just getting ourselves off in the weeds here i'm not saying that means we've got to vote on it tonight i'm just saying that this council is not uh we are not expert in airport safety we employ people who are and we are not experts in the competitive nature of fpos and who we've heard from tonight the two callers were two people who are not interested in well i don't want to be unfair but they have business interests contrary to a new fbo coming in at the airport so i i don't disbelieve anything they're saying i think we just have to consider the source when we consider what they're telling us so i'm very comfortable giving our consent to these two real estate transactions going forward and let the safety aspects be managed by the people who understand them and know how to navigate them okay mr mayor if i if i may sure um in in regards to council member davis's comments um the minimum operating standards do have a provision that requires them to meet all of those federal state and local codes and epa codes so before they will be permitted to start such activity they would have to show proof that they did that so the fire inspector would have to go out and confirm that whatever they did to the to the facility meets the requirements as the fire inspectors understand it so um again the they would be required to make sure that they meet those requirements and our fire marshal would come out and inspect it at that time okay uh council member armature so i'm not going to deny in fact i agree with council member davis said about uh us not being experts and staff knowing a lot about this and the callers and having a certain point of view i agree with all of that it's precisely because of that that that i need more more time to do some research and have some of these questions answered and would like to hear staff's professional take on some of these issues beyond within and y'all are doing a great job of of answering these concerns now but after having some more time to think about it also i would like it to go before the airport committee uh in addition to giving us some more time so before i i make a uh in maybe paul was going to do that i hope he comes back um but it doesn't have to be me to make the motion i'd be happy to do so uh the before i'm making a motion to table to an event certain i want to have a sense of the timeline one of the callers had mentioned that in in his opinion there's not really a rush on this i wondering if staff could kind of speak to uh the timeline you know for me i was going to guess maybe a month or two but maybe staff has some insight also into kind of when airport committee if that's a condition i would like for me that's a condition you know when they could have a chance to meet so wondering if anyone on staff would like to weigh in on that if we were to table what would be a good a good timeline to get additional staff input and the airport board's committees uh staff before you before you answer that scott could someone reach out to council member melzer and and see uh he must be having difficulty getting back in we just reset him the link okay all right good okay i'm sorry uh go ahead council member i mean uh staff go ahead scott um thank you mayor uh council member armatura i think one of the questions that you had in there was is when is the uh council airport committee um going to meet and and could could take up this item or additional direction from the council um we are scheduled i believe on um the 23rd of this month for our first meeting during covid um so we have a scheduled meeting um towards the end of this month and so and this could go to them right i know that i forget who was maybe the city attorney somebody said this is not usually the kind of thing that goes to them but obviously it's about the airport so no no there's there's let me make a correction to that go ahead yes let me make a correction to that the the airport advisory board we have too we have an airport advisory board and we have a council airport committee the airport advisory board does not hear any lease issues the council airport committee does hear all of our lease issues however since covid we haven't met and and some of those items which have already been to council um lease assignments and so forth have skipped that process and come directly to the council okay thank you so i i would like the input of unless it's outside the purview of the citizens committee yeah i would like their input if it's if it is completely outside their purview in the sense of not appropriate inappropriate then i will just talk to you you know have my appointee to that committee watch this video you know get his input but yeah and i think it i think it is i mean that the i remember when we restructured that at the airport committee the airport advisory committee does not have uh you know any type of advisory role over leases or lease terms at the airport okay well okay so okay so great so but uh so then um a month if that seems okay to people and be curious to see what other timeline people suggest well i know that the airport committee council the the council airport committee is made up of council members so i don't even know why we would take that up there because we've already discussed it all here exactly i just mean so now i need more time so i think more time either way sure and ask me i also want to know staff would be more time to research so uh and council member davis i i really do appreciate your comments and i don't disagree with them on on both of them as far as either getting the weeds or these are real estate transactions and scott in no way are my questions meant to say that uh you know you're you're not involved in the that you're not fully committed to the safety of the airport so i hope that those did not come across that way i think the only reason i struggle with this just being a real estate transaction is because it's always been in the context in fact i'm going to hold my thoughts and i'm going to recognize council member melzer because he just reappeared thanks can you hear me yes we can hear you oh that's great well we're uh left off before we're on concluding items council member melzer so we've are i'm kidding you sir i'm kidding you go go ahead um so uh what i was going to ask was whether it's possible to um uh to postpone for a period of time that i would ask you know scott for you to direct us on that would allow enough time to just lay out what the steps would be uh for the applicant to get from being a self-service facility to being to being a commercial fbo just so that it's it's just more buttoned and explicit council member uh melzer um we can certainly uh find out that information again it's not directly related as councilman davis had indicated these are real estate transactions but if the council would like to understand what improvements that must be done to that fuel farm in order to use it for the intended purpose we can certainly ask that of the fire marshal and contact the uh the fueling um repair company for the lack of exactly what they are um and get some of that additional detail and bring it back to the council about how much time do you think would be required to pull all that together without you know um doing the pressure um well i'd certainly be guessing but um i would be contacting both of them first thing in the morning and asking them for the information as quickly as possible um since they've already had that conversation they've already seen that fuel farm i would assume they have a game plan in place already of what it is that they would need to do in order to um be able to safely pump fuel from that tank so if if uh if i were to move to postpone this uh to next week uh today's the second so you know to the meeting on the ninth um would would that have some unintended consequences but uh in order to allow for what we just discussed discussed to take place um no sir i don't believe that there would be any unintended consequences i mean obviously it wouldn't be approved tonight in in the new fbo would be um waiting till they get this approval so they can continue um on their path of opening their business but i think their intent was to open in two to two weeks or three four weeks anyway so i don't know if that's going to directly impact their ability to move forward so we can certainly get with the fire marshal and basco um and and find out what specific things that they had intended on doing and if that required any additional improvements to the site mayor i moved to postpone this item to june 9 okay so there's two items and so if you would so you're moving to postpone uh let's go ahead and take item c first uh agenda item 6c so go ahead councilmember melzer on your on your motion yeah so i'm i moved to postpone 6c to to june 9th okay uh is there a second for that councilmember armature i can barely see you but go ahead i second just got real real dark in here okay all right so uh we have a motion and a second for postponement to i believe a date certain of next week the next council meeting which is june the ninth is that correct okay all right uh yes yes yes mayor pro tem i'd like to hear you mayor on why you were starting to say why you don't see it as a simple real estate uh transaction and i want to hear you on that sure i appreciate that yeah and and i certainly uh understand um councilmember davis's observations i don't necessarily disagree with them but i don't see it as just a simple real estate transaction in the sense of we've we've seen several assignment of leases out at the airport uh this one in particular as we've moved through this whole process ever since it started to be discussed it's for the intent to create an fbo so if it came before us and just said hey this is just a sublease we're just going to do this but it's all been uh couched in the context of this is going to be an fbo it's going to go from self-service to commercial so those are facts that i can't ignore um and uh i'm just understanding i councilmember davis is right i don't have a clear understanding of all the different codes that are applicable to fueling tanks out at the airport i do have a pretty good understanding of codes that apply to construction in the city of denton and what's necessarily needed sometimes to to revamp and codes that you might have to to uh because for me to go from a handle where you just put it in a wing to filling up at the top of a fuel truck with it'd be like going and filling up the top of a fuel truck at at one of our gas stations that you would put fuel in a car you get up on the top you pop the top open and you just hold the handle you put it on and that's what i'm concerned about so since when i heard that we don't have an idea of what requirements may be required pursuant to our codes our fire codes and such if it's only a week that we're having to wait to determine that okay the fire marshal's been out they've looked at the codes here's what they have to do based upon this code here's what they don't have to do based upon this code man i'm real okay with that because it just helps me understand the process more because the intention of this is a commercial fuel farm or fbo a new one out at the airport and the newness of it isn't is immaterial it's that it is changing substantially the use of these facilities that are 20 something years old uh so it would be like if you're buying a gas station do they do you have to retrofit some of the pumps based upon newer codes for safety measures i don't know the answer to that question but i think uh i would like to know the answers for these particular things because we're proving at least that it's going to create that it's not just they're signing the lease the lease the lease purpose is to create the fbo without the intent of creating the fbo we would not be having these conversations today okay so yeah thank you and then i have a question for scott if that's okay sure so scott i guess my my thought is i i'd like to hear you on uh a few things if this goes forward and gets postponed um can i hear your thoughts on the other so there's three fueling stations we've talked about two uh that third that's city-owned uh we've not really talked about what deficiencies does it have regarding uh code when it was built to code now do we know um mayor pro tem um that facility is probably the oldest facility on the airfield um so it probably doesn't meet any of the codes that were talked about by the caller um because his fuel farm was built approximately nine years ago um i believe most of the tanks above ground tanks that we have are double walled um i can't speak specifically for that tank because of its age but it's being used by the existing fbo so they have two the one that is owned by the city which is leased to the fbo and one that the fbo actually built themselves and they use both of those okay so so they're complaining i i get it here here's the thing i mean i understand where this is it may go and and that's perplexing but so i have a comment in advance because i think this is going to get support to get pushed and so i don't have an opportunity to speak after the vote but so city manager mr city manager if you could here's my notes for next week i want a clear understanding of the relationship with jeff jeffrey soles i understand the relationship with mike sykes i want to know jeffrey soles relationship to u.s aviation uh to what degree that that because that's telling then i'd like a just a chart it's just a spreadsheet that says here's the 2020 code here's what's required if you built these years and kind of and then work that backwards so this was built in 80 and it has two of the five check marks this that and the other uh but and and then that's really telling uh that they're using a pump that has this a similar function uh that they're complaining about if i'm if i'm if i'm am i tracking with you uh scott uh mayor protem the the the oldest fuel tank is used to fill up trucks so by us airway by u.s aviation aviation it was it was never a self-service tank that i'm aware of it so they do load it directly into the truck same with the new one um the one that we're talking about this evening um as far as i know it's never been loaded directly in the truck um but my understanding from the conversations is that's a a hose or connection change that would allow that activity to take place but certainly we understand what you're looking for we can get that information all right thank you so and i do have it and i really appreciate mayor protem your question because um i'm i'm so i'm going to add up and maybe this will be captured in your request but i would like to see uh our fuel tanks and their type of uh infrastructure compared to the ones that are being the ones that have been complained about for safety to see to gauge what's the minimum standard that u.s aviation has been willing to accept in leasing these fuel tanks and see where the knee break tanks um if anything would what it would require to be brought up to that because i want to compare apples to apples and and if and if someone's willing to lease a fuel tank that that lacks the safety requirements that they had to build into their own then that is telling about what's acceptable as a safety hazard or a safety risk so i appreciate i appreciate if i can i'll just clarify the the city's fuel tank was part of the business air leasehold which they purchased um so it was operated by business air for many years and that was that entity was purchased by u.s aviation um three years ago um so they inherited that that fuel tank and continued to use it oh i thought you said it was leased from the city it's the city's and it's part of the lease got you this old business that was transferred got you okay yeah i still would like that i still would absolutely we'll list all of our fuel farms age and all the all the information all right real quick councilman briggs then we're going to take a vote um and when that comes back i know that mayor you mentioned something about um trucks only going through the roads and not through the um taxiways yeah and so is that is that something that when it comes back that can also be in one of the items or no well i've just if we're going to bring it back and we're going to have conversations with the lessee and and the lessor uh potential uh lessee sub lessee i'd just like to run that by them and see what their thoughts are because i agree with scott that i trust their ability to look after the safety of that uh airport and um i want to hear what the lessee and lessor have to say about that and and i'll think about that so just some information on it yes all right okay so we have a motion and a second for agenda item 6c uh to postpone to a date certain of june the ninth which is next week council member metzler how say you hi council member davis nay i think everything you've asked for is baked into the process that already exists okay council member armature aye mayor pro tem nay council member ryan aye council member briggs yes uh mayors and i so that means that the motion to postpone to a date certain passes five to two if my math is correct uh we'll move on to agenda item 6d which we've already had the discussion on 6d council member melzer yes i move supporting that item as well too all right council member armature i second um all right any discussion i just had to ask that uh council member melzer how say you i council member armature yes council member davis nay mayor pro tem nay council member briggs yes council member ryan aye mayor watsons and i motion carries to postpone till next week june the ninth uh five to two uh our next agenda item is 7a public hearings however i've got a note on the agenda as you all may have seen the staff is requesting that this item be postponed to a date certain of june 9 june 16 2020 mr city attorney do we need to take action on this to postpone this since we haven't called it or had any discussion it'll just be put on the next agenda yes okay all right so we'll move on to agenda item eight which is concluding item any concluding items council member briggs my concluding item goes back to the beginning of the meeting when we had a few open mic callers and some of and i think a few of them asked about um the curfew and i just want to ask staff if they could put out a a summary of the past few events um and just kind of a where we are i know there's some more going on um just there's some more events going on the rest of the week and i think we have some road closures just just an update of of how the events have gone and um and what what they can expect uh just any kind of information of summary would be good okay uh anyone else concluding items uh council member davis and then mayor pro tem very very briefly i want to express my thoughts and prayers for the folks uh out and downtown tonight and uh i wish them safety and peace and temperance um i also want to thank uh the following gentlemen who are out on the square i know there are many many people out on the square this morning helping to clean up but specifically i want to thank justin troy chad joel and garrett uh those were the gentlemen you saw on social media scrubbing the world war ii memorial that's on the courthouse lawn thanks all right anyone else customer mayor pro tem i'm sorry yeah no problem no so along those same lines want to thank uh chief dixon didn't police fire etc for uh all their help and and managing a very difficult situation and and and for those that are protesting for any individuals that have been uh treated they feel poorly or by police wherever i'm i'm sensitive to that and and and just want to thank them for demonstrating peacefully and representing their cause and uh yes for those that are volunteering and i saw a lot of people picking up trash people picked up trash this morning so uh grateful for our community and being unique uh that way so uh that's and super excited parks are open it seems like that's going well so i thank gary and his staff for for managing that process i know it's it's difficult anyone else yeah i just like to close it and echo some of those sentiments of first of all thanking those that attended the protest yesterday uh my understanding it was from three to five thousand strong at certain times during the day uh it was a peaceable protest uh i read that some of them walked six miles and uh it was uh it was a long day for many of them so i really number one appreciate just their passion uh for reform and expressing their feelings and their thoughts i appreciate the professionalism of uh our police chief frank dixon and all the officers who served last night and just uh i'm just proud of our community and our professionals in what took place and uh was able to express it was peaceful uh people were safe so thank you so much for that council member armature uh yeah it's just on a similar note um i'm listening uh to the demands for reform coming from the protest i'm going to keep listening uh and i i will be proposing uh us having a work session to discuss some of the uh to discuss all the reforms that protesters are suggesting and including a few that i have brought forward to this council that um it was not seen by a council majority at the time that it was appropriate to move forward wondering if maybe um people feel differently now uh so i'm not in any rush to do that because i'm still listening so for anyone in a public hearing um uh you know please send all your suggestions to council about what's what's needed that goes out to everybody uh activists members of the public anybody thank you so much everybody and good night that's all for me okay any other closing comments concluding items all right we will adjourn this agenda at nine oh six p.m thank you all very much and be safe