Sep 01, 2020 City Council on 2020-09-01 12:00 PM

Welcome, everybody, to this meeting of the Denton City Council on September 1, 2020. The time is 12.04. Good afternoon. We do have a quorum, so I'll call this meeting to order. Our first item on the agenda is an item for individual consideration. It's item A, consider adoption of an ordinance of the City of Denton, a Texas home rural municipal corporation extending the effective period of the Declaration of Disaster executed by the mayor on September 1, 2020, regarding the inactive private water system which served Green Tree Estates. Now, I understand, my understanding is we do have an interpreter for this agenda item, and we do have two public speakers. So what we'll do is have a staff presentation, and then we will take the public comment, and then we will move forward with any deliberation. Mayor and council, Ryan Adams, customer service and public affairs, I'll get our presentation queued up shortly. Excellent. This is a brief presentation on this item. And as a reminder, we do have an interpreter, so I will speak a little bit slowly and deliberately with pauses so that he can do his job in translating or interpreting to Spanish. Just to give a brief reminder of the status of Green Tree Estates, on July 28, the city extended the declaration disaster that was in effect to August 31 of 2020. This allowed temporary water service to continue until it ended on September 1, which would be today. Seven properties at this point in time have paid fees to connect. One has facilitated that connection. It's staff's understanding that residents are working to establish private easements, and the city does not anticipate any additional properties paying fees in the near future to connect. We actually provided this update a week or two ago at a previous meeting, and at that time, it was on the 25th at that time, as of August 19, the city had expended $69,000 out of the $100,000 allocated for Green Tree Estates. After we presented on the 25th, we received an update from a neighborhood advocate on August 27. They notified the city that the private easements had been completed. However, due to delays acquiring the signatures, two additional weeks were anticipated to be required to install private water lines to connect to the city. We are bringing this item forward on behalf of the neighborhood so that council can consider extending the provision of temporary water services. This says through Monday, September 14, however, we have in the ordinance listed as the date that it would continue through as Tuesday, September 15. As a reminder for the council, we provided an update in last week's Friday report. Because the previous declaration of disaster ended on August 31, we would not be able to extend that disaster as it would have been completed. However, this morning, the mayor executed a mayoral declaration of disaster that the council can consider extending today. And again, that date that we have prescribed for extension would be September 15. That's the end of my presentation, and I'm happy to answer any questions that the council may have. Mayor I believe you're on mute. Councilmember Davis. Ryan, by your rough estimate, how many deadlines is this now that the council has set for the end of the water service to this neighborhood and has extended past? This is a very rough estimate, but this may be the third or fourth request for extension that they have communicated to the council. Thank you. Anyone else? Yes, did you mention that there were some public comments? There are. Yeah, we're going to take those. We're going to take those after if council has no more questions, we'll hear the public comment and then we'll if there's other comments and questions, we'll continue to deliberate. Councilmember Meltzer, I think I saw your hand up, is that correct? Yeah, you did, Mayor, but I'll happily hear the comments first and then. Okay. All right. Okay, we will go ahead and then take public comments so we will have the caller join us. And because of the translation, they will have eight minutes. And I'll get the phone in just a moment. Okay. Is the caller joined? Has the caller joined us? Is the caller there? Yes. Okay. All right. Yes. Caller, thank you for joining us on this meeting with the Denton City Council. Once you state your name and address, you will have eight minutes due to the translation. Okay. Thank you. Okay. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. My name is Elva Hernandez. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. My name is Elva Hernandez. I live in Green Tree State. Good afternoon, caller. Are you there? Thank you. You are on with the Denton City Council and the public portion comment. This agenda item. Once you state your name and address, you will have eight minutes to complete your public comment. Once you state your name and address, you will have eight minutes to complete your public comment. Thank you. Can I start? Yes. Okay. My name is Beatriz Martinez. My address is 4055 Ash Lane, Denton, Texas, 76208. My name is Bernice Martinez. My address is 4055 Ash Lane, Denton, Texas, 76208. My name is Bernice Martinez. My address is 4055 Ash Lane, Denton, Texas, 76208. My name is Bernice Martinez. My address is 4055 Ash Lane, Denton, Texas, 76208. My name is Bernice Martinez. My address is 4055 Ash Lane, Denton, Texas, 76208. My name is Bernice Martinez. My address is 4055 Ash Lane, Denton, Texas, 76208. My name is Bernice Martinez. My address is 4055 Ash Lane, Denton, Texas, 76208. My name is Bernice Martinez. My address is 4055 Ash Lane, Denton, Texas, 76208. My address is 4055 Ash Lane, Denton, Texas, 76208. My address is 4055 Ash Lane, Denton, Texas, 76208. I just want to thank each one of you and the whole employees of the City of Denton for the good job that you have done. I also want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. I just want to ask for an extension on behalf of my community and myself, at least two weeks to one month more, because there are some more families that still need this. My question is, is this extension that they're asking for, the one that has been in place for the seven homeowners that are going through the process to connect, or for all individuals who are set up, or for the ones who are paying and have set up an account, just for seeking some clarification on that? This extension, or this would apply to the entire neighborhood, so the temporary water services would apply to all the residences that have so far received those temporary water services. Okay. So I think, was it 14? Yes, 14. And do we have information on those individuals paying their water bill? At the last time we checked, there was, I believe, one residence that was not current with their bill, although I will admit that that is a couple weeks old, and we have not checked since then, since this agenda item did come up rather quickly. So I personally am in favor of extending it a little bit, with the rain and the weather, and I do understand, Councilmember Davis, that you asked how many times we have done this, but with any project that anyone does, whether it be construction of roads or homes or anything, there's always some unforeseeable, something that could happen, that could push it out. And I believe when we discuss this on Council several months back, we decided, or I know that I asked, as long as individuals are showing good faith action towards completing the process and doing all they can as far as payments, and at this point I think it's the plumber. I mean, we have reached the agreement so far that we asked for since last time, so it seems that things are progressing, and at this point it's the plumber, the weather, the environment that we're looking for to help here with the extension, so I'm in favor of it. Thank you, Councilmember Briggs. Councilmember Meltzer. Mayor, I'm a little unclear on what is it that you personally authorized and what is sort of left to be decided? Well, I think what I authorized was just simply an extension or a new declaration that was patterned in template based upon the old extension. Is that correct? The old order, is that correct, Ryan? That is correct, although this extension that you signed and what's within the draft ordinance that we provided to Council, the funding authorization has changed, whereas anticipating a, say, a two week or there about span of time, the allowable funding, I believe, is $10,000. That's what we've provided for so far. Is that correct, Larry? That's correct. So, I'm sorry, Mr. Mayor, do you have your order already extended it to two weeks? Yeah, Mr. City Attorney. The Mayor signed a declaration immediately before the meeting, which would be in effect for seven days that the Council would have to extend, and so we're just going back to back. Okay, that answered my question. It was seven days, and so the request from the advocate is for an additional seven days beyond that. Am I getting that right? Yes, which would have to be approved by the body, by the Council. The Mayor's power expires after seven days. In a way, I would refer to just do that for those who are in the process and, you know, just not done yet, but I think it would kind of create an absurdity to have some people in the community getting water and some people not, so I'm fine with the extension for the additional one week. And on the trash question, I think it's off-posting, but I would like to hear from staff in a Friday report, just what service is being provided to the neighborhood, and is it different from what anyone else gets, and if it is different, why? We can provide that. Thank you. Councilmember Armitter. Thank you, and thank you also, Mayor, for extending or for creating your own declaration for seven days. I really appreciate that. We're still, you know, with this $10,000 for some additional time and whatever else it takes to extend it, if we can get consensus on it, we would still be well within, way under the original budget. I wanted to add, in addition to what was said about circumstances, you know, regarding weather and other unforeseeables that happen in construction projects, including city construction projects. In this case, also, Mr. Roddy, as staff probably knows, you know, created some additional delays, you know, regarding him and dealing with him, and that is something else that's very common, because you're dealing, you know, not just with acts of nature, but with people as well. You know, and in this case, you know, Mr. Roddy was part of the issue. So anyway, I support this, and I, too, thank you for mentioning Councilmember Meltzer requesting a Friday report on the trash issue. I assume also that that is off posting, but since somebody mentioned it, I wanted to just acknowledge that as well. And finally, as far as the duration, I would like it to be at least two weeks, that is an additional week on top of the seven days, but ideally up to a month. The first caller mentioned a month, and I think that provides some nice padding so that we don't have to go through this again in case something comes up. Okay. Councilmember Davis. First, I want to say that the amount of money that's been spent was not under budget. The amount of money authorized was a ceiling for emergency funding. There was no budgeted amount set aside for this project. That was emergency money in a ceiling. The second thing is I'd like to get some clarity on the reason for the delay. We've heard it said by a caller that it was the plumber, and I think Councilmember Briggs repeated that. My understanding was the delay was difficulty in obtaining the legal right to dig the trenches and run the lines, the easements that we've been talking about for the last nine months. That is correct. It took quite a while to get the easements put in place, and that was finally accomplished I think late last week. Councilmember Briggs. Just to clarify when I said plumber, I'm speaking about today, and not being able to work, which is causing the delay for the plumber, the weather. Any other comments? Mayor Pro Tem. Yeah, I want to thank my colleague, Councilmember Davis, because he's spot on. We hear this body give staff an incredibly hard time about not to exceed contracts, but then to hear this discussion, it's almost like it's polar opposite and we're saying the 100,000 not to exceed is a guarantee and somehow we've accomplished something if we stay underneath that amount. That's interesting to me. And to answer the question posed, which staff has articulated a number of times. It's the reason we're here now. Trash trucks, I'm assuming it ties to the fact that the roads are private, but I look forward to the Friday report as confirmation. And then I'll touch on this. And Ryan if you could speak to this I have some other questions mayor but I want to hear Ryan on this. Sure, your statements and staff reports point to conversations with the advocates. Then we have the homeowners call and give us a totally different thing. So advocates say two weeks, homeowners say four weeks. It's a very frustrating process. Is there no way for us to talk to the homeowners directly before these type conversations? How does that work? Why can we not talk to the homeowners? And how do the advocates continue to interject themselves and how are those requests different? I don't know if I can speak to how the requests are different council member or mayor pro tem. What we have found that works and part of it is due to a language barrier between staff and the residents is that the advocates are able to disseminate information that we provide to the residents in addition to other avenues that we communicate with them. We do speak to residents that are aside and apart from those who have called today. And those interactions and those discussions are more direct. But for some of the residents, they have preferred to communicate with the city through their advocates, and so we've accommodated that. Got it. Okay. Well, it's truly frustrating to not have a consistent ask to review. And I think it's frustrating for those that are following along that would want to try to understand what this council is discussing that we would post one thing and then come back and discuss another thing day of. It does not give people enough notice, I would think, to consider those those variances, and it doesn't. It's not transparent. That being said, I do want to echo council member Davis again from day one staff has been. Again, this council has taken a very hard. Very stressed from day one that the easement process is the longest and for that to bear out to be true and not hear that reciprocated I just want to say staff thank you and an emergency situation got it right nine months ago, and that continues to bear out. So, that being said, my issue is, it remains the same. They for this neighborhood, I absolutely get it. I want them to be treated equal and equal means that the rest of the rate payers don't subsidize their rates, so I'm looking for and asking for an amendment I don't know there's no, there's no motion yet. So I'll just make a motion so we can so we can have a record is that what's required mayor emotion in the second. I believe is that correct Mr city attorney. Correct. Okay, then great. I'm going to make a motion to approve, but require that all costs be captured and bore by the recipients of water. So that $400 a week would be no longer subsidized by the rest of the rate payers. Okay, is that is that the correct amount could we before we get it for a call for a second. Could we just confirm what the cost of service is for delivery of that what I believe that's such a I need to talk slower because it's being translated. Okay, so mayor pro tem is that what you're referring to is the cost of service will be paid by the residents, full cost of service for water delivery. That is correct and from staffs earlier statements, I believe it to be 385 to $400. Yes, Ryan, I believe that number was a presupposed 14 different connections. And so that number could be quite higher if we're limiting it to just those who are going to connect with the city. Okay, okay, so let me, let me make sure I understand what you're saying. Because there's two ways that you could approach that you could say that the people who are. Well, let me just ask the movement. Mayor pro tem what was, what is your intention on the cost of service is that to be the cost of service would be born by each resident who's receiving water whether it's part of the ones who are scheduled to be signed up and those who are not scheduled to be connected. The answer is, is no it's it's those. It's everyone. Okay, yes. So, Ryan, does that impact your answer that if we're going to charge cost of service to everyone, which means all 13 I think because we have one that's connected. Is that correct. So we would be dividing that total cost. Now by 13 instead of 14, which would increase that. It would increase it although to be perfectly frank with the council I would like to run those numbers and get a more definite actual number for you now. There's also the possibility that some of that will go unpaid if any, any residents are currently receiving temporary water. Do not pay their bill. Okay. All right. All right, I'm going to go with Councilmember Davis and Councilmember Briggs and Councilmember Armitter. Okay, and just for clarification, Councilmember Davis could you. It seems like that Mayor pro tem has a motion to approve the agenda item with the additional language that the residents would begin to pay the full cost of service. The full cost of service for water delivery. Is that what your understanding of that is. Yes, sir. And I understood that to be from the conversation that ensued every resident that's receiving water that they'd all continue to anybody who's receiving temporary water service now would continue to receive that. And anybody that receives that temporary water service would pay a share of the cost of service. Okay, thank you. Councilmember Briggs. Thank you, Mayor, I believe we had the conversation before and there were others in favor of the full cost of service, which is fine but I would like to request the motion or and second maybe to consider the extension to October 1. Because the requirement to pay full cost of service is there and not burdening the taxpayers, so that whenever we come back or this comes back to us we will not have to look at again go ahead and give them the full month to get everything taken care of since in the beginning there was Roddy who wouldn't sign the paperwork and held up the homeowners in the process, and no fault of their own so I that's, I would like for that to be consideration. Okay, are you asking for a friendly amendment. I am yes sir. Okay. Mayor pro tem. Do you would you accept that friendly amendment. Yes, if they're, if the if under that, as it's described it yes, yes, because yeah the rate payers would capital costs and that point it. It's moved. Councilmember Davis as a seconder. Yes sir I'll accept that. All right. So now we have a amendment on the extension date to October, one, with any resident receiving temporary water to be paying the full cost of service. Councilmember Armitage. Yeah, so I'm, I'm struggling to determine exactly what we're voting on if we don't know what the cost are going to be. Also, I would like to know the implications as far as the mayoral extension that has already been given it came with $10,000 for a week with this. If this motion as amended were passed with with that supplant that or would that be would that cover the remaining seven days outside of that that seven days that has already been decided, I believe that that would be a question for legal to answer. But that is not clear to me as well. So, so Larry city attorney let me try to understand that. So, in the current ordinance or extension there's $10,000 of additional city funding I believe. Is that correct. The ordinance contemplates 10,000 for this new declaration, which is not in addition to anything it's which is will start today. It will continue for 14 days. Well, all right. As, as the ordinance has been moved and seconded, and then a friendly minute accepted that date would then be out to August 1, if it's approved. Correct. Correct as counsel to consider looking at putting that on a Tuesday so you may not want to have to sign another declaration of emergency and go through what we went through this morning. We could get that date for us. And so, I believe Councilmember Armitage question is does that $10,000. Is that still going to be for now, the term either through October 1 or whatever that date is it falls on a Tuesday. Yes, absolutely any further amendments to the action. Okay. Mayor, I'm just clear that up that the average cost of service out there it's it's roughly $70 per toad there's 21 total so it's $1452 a week. And so there's some folks that have one and some that have to sell to your 70 or $140 a week they're paying. Okay, so if there's one if there's one toad, then the monthly would be average about $280. Right. And if there's to the monthly is $560. That's correct. That's the fully loaded cost of delivering the water out there. Okay. Okay, thank you. Councilmember Briggs. I was going to ask if we could pause and get those numbers so that we knew what we were voting on but the city manager just provided those for us so it was helpful. Thank you. Okay, Councilmember Meltzer and then we'll come to Councilmember Armitter. Yeah, can we be reminded what they're currently paying for water and how that compares to what everybody else pays for water. I mean, depending on one toad or two, I believe for one toad it's roughly $20 $26 $26 is that believe that's per month $26 per month and I believe it's $37 for two. And how does that compare to what, what anybody else would pay for water delivered the normal way, you know, normal utility charges. Yeah, well, it's very difficult just because of usage. I, again, I would have to do the math. Is it intended to be is intended to be comparable. Correct. It's intended to be approximate and comparable. Okay. And if there were, say, a water main break that just serves my street. Residents of my street wouldn't have an increase in their utility charge I assume you don't have to answer that. I'm going to be voting against this. Okay. All right. Councilmember Armitter. Yeah, I would strongly encourage that and I'm going to request as a friendly amendment that we postpone this discussion until we can get the feedback from residents and in explaining what I mean by that I'll address what the mayor pro tem expressed earlier about concern about, you know, hearing from advocates are hearing from residents, I myself. And in, in touch with green residents and so I need to. I don't have time to right now. Ask them. They, what they think about this, if they can afford this. This was something again I know to amend it in this way, but I don't know if, if this is something that my constituents can afford I'm concerned also to speak to the question about equality raise. You know, there's also the issue of equity. If you've got a community that is paying disproportionately more to receive water. Then, you know, then that is an equity issue. And then they're at a disadvantage in terms of equity, even, even though they're, you know, getting this getting an extension of water, provided which is not something that applies to people who are already hooked up to water. So anyway, I want to make a friendly amendment that this be postponed that this discussion of this motion be postponed until the next meeting when council members can have the opportunity to hear from residents about this. Okay, Councilmember armature I don't think that would be in the form of a friendly amendment. I think you would need to make a motion to postpone which is a superior motion to the motion on the floor. That motion would have to receive a second. The only question I have before I call for a second if there is one is, I do not believe we have a meeting scheduled for next week is that correct. You're correct. And so therefore, that either we would have to do it on the fifth which was the Monday luncheon. Well, I say we don't have a meeting set I think there was something that went out to the council to determine whether we meet on national night out or the fifth, but in any event, we would have to consider what we're talking about today, either on Monday or Tuesday or my emergency declaration would expire. Is that correct. That's correct. Okay. All right. All right, so we have a motion to postpone until Mr. city attorney do we need a date certain or an event certain on that. No, you don't but you just need to do it consideration of when the declaration will expire would probably be appropriate. Okay, so it could be a motion to postpone to the event certain of expert expiration of the emergency declaration. Correct. All right. Councilmember armature, do you accept that language for that motion. Mayor pro tem discussion, correct. Yes. Okay. So, and then, so now we're looking at next because the dates you're talking about are in October for night out for this month, we're talking about Labor Day being Monday, and you're right, I apologize. No worries just wanted to touch on that. And so we're having staff come in and work on a holiday versus taking care of business today. And so I just want to point that out what what what this, what's been advocated and say that I do not support that we have constantly heard from the residents to say they want to be treated just like everyone else. And that is a fair request. And I understand that there are nuance differences in that, but if we're talking about two weeks, really it's a pro rated amount, and they're up and running. And, and this is a moot issue but I just cannot support having the other ratepayers subsidize this neighborhood for any longer, it just, I understand the paperwork is done. And I understand the statements I don't believe that anyone's authenticated that to say that Mr. Roddy is the approximate cause of any delay, he may be I don't know that's not been captured in any, any presentation. Well, may I put him also remember we're being translated. So yes, yes, I'm sorry. So, I understand that I understand the issues. Again, I'll say this staff has pointed to this very issue for nine months since the very first day at the elementary school. This was a focus. It wasn't the $6,000. It wasn't the cost, it was the easements in the road. And so this is not a surprise, and I understand the complexity of it. Staff understands the complexity of it, and that's why they did their very best to get people to focus on what they knew would be an encumbrance. Okay. Senator Briggs. Just a question of clarification, Mayor pro tem mentioned a pro rated amount. But it would be for the full month of September, if the original amendment was accepted to go to October 1 correct or would that still be a pro rated amount. I'm not sure they're billing cycle. Councilmember was that a question for Mayor pro tem or for staff. And whomever wants to answer it. The comment was made that it would just be a pro rated amount and not that big of a deal so I'm just wondering is it a full monthly payment for everyone out there or would it be a pro rated amount. We would seek to have it only applied at the time period, specified through the disaster declaration so we would find a way to to pro rated to cover only those costs, if that's the direction Council Council provides to staff. Through October 1 through October 1 or whatever that date might be. Okay, thank you. Councilmember Armitter. Yes, I can someone from staff please confirm about the role that Mr Roddy played in the delay because there appears to be some confusion or doubt on that point, but what we can clear up is that it wasn't until late last week when Mr college to receive the actual easements and it was really is taking the initiative to follow up and continue requesting where they were. Who is it, who is it fault between, you know, the residents at Mr Roddy we don't know what all we can confirm right now is that we were, we did receive the easements proof of the easements last week is in a gesture of goodwill to keep trying to acquire a little bit of support to extend this, but from our perspective, we don't know which party and I don't think it matters. You know, but we, the conversations were not being really kicked off in earnest for the last few weeks to Mayor Pro Tem's point so that's what's important we finally got what we need papered up we finally got some clarity that, in fact, the work can be done now. And that's kind of where we are that's really the important point of this discussion. And thank thank you and thank you so much staff for your work on that. You know, I would, I would reiterate and emphasize that the important and the positive part of this discussion is that that we are in a place now where we have that information. We know what is needed. And I would encourage all the members who have any question to reach out to residents directly, and I and they will tell you is anyone by the way from anyone who was there from from planning and development is Scott McDonald able to answer. Councilmember Armitage if you could just a tad for interpretations point just maybe be aware of that. Thank you. Thank you. Sorry, is, is, is Scott McDonald available to answer questions or somebody from that department who is actually been been there and knows about. I believe Scott's on the phone. Oh, excellent. Yeah. So, could, could you speak to more more of the details in Mr. Mr Rodney's involvement and also the work that has been done so far and what remains. Absolutely Scott McDonald director of development services. Scott, Scott we are translating this so if you could just be mindful of that and and speak just a tad slower. They would appreciate that. Absolutely. The. What has occurred over the course of the past month or so was really trying to get an agreement for the plumber to be able to put the trenches in the roadway that was secured tail end of last week. The plumber is working on site. He did connect 4055 Ash Lane, a couple of weeks ago. He has trenched approximately 400 feet of trench. And I believe he has at least one water line in there maybe two. He anticipates that he will dig that 400 feet, secure inspection, bury that pipe, and then continue to move forward. Based upon the weather. He is confident that he could complete this work in the next two weeks. We had the conversations with him today, you know, just preface that with, you know, of course, if we were to have significant weather events over the course of the next two weeks, then may have to come back to council but he has every intention of staying on top of the project and completing the project within the next two weeks. Thank you for asking. Councilmember. Thank you so much that and also if you could speak issue of Mr Roddy's role in in this. Yeah, that came up. That wasn't really in our purview. Mr Roddy and the plumber worked out an agreement to ensure that he, Mr Roddy had some concern with the trees on on the edge where they were proposing to put the water line, rather than in the road. And he had concerned with those trees dying, and the plumber was nervous that he was the only one that would be sued in this process. So, Mr Roddy and the plumber had to come to an agreement for this to occur in the city really was not involved in in that agreement that just a private matter between two private individuals. That that agreement tail end of last week the last part of last week. And I think that that was a good part of his time. And I think that that was a good part of his time. And I think that that was a good part of his time. And getting what he needed from Roddy, the residents having done all the work they that they needed so I would just remind council of that. Thank you so much. Absolutely. I just want to say to my colleagues that what at least was stated was that Mr Roddy was concerned about the trees. And so that a lot of this extra time may have been trying to negotiate how best to preserve those trees which, as you all know, can be quite a. We talked a lot about preserving trees, and we've talked and put things off before about preserving trees so I guess couple of questions we've got a motion to postpone on the table. Any other questions about the motion to postpone or discussion. All right, we're going to go ahead then and pull the council, I believe Councilmember armature you made the motion and Councilmember Briggs seconded, and the motion is until to postpone until the deck, the termination of the mayoral declaration of emergency on green tree estates is that correct. Yeah, pro tem. And what is that date, is that Monday, Labor Day. Is that correct. It would be in effect for seven days so I believe it would be Monday, Monday, but we wouldn't need Labor Day. So we would have to meet before that correct. On Friday, yes. Yeah. Yeah. Okay. All right, so we have a motion in a second Councilmember armature how say you. Yes. Councilmember Briggs. Yes. Councilmember Melzer. I'd like to get the matters off today. I'm voting no to postpone them. Okay. Councilmember Davis. No. Councilmember Ryan. No. Mayor pro tem. Mayor Watts is a name, the motion fails, two to five to postpone. So now we refer back, we refer to our current motion on the table which is a motion to approve agenda item ID 20 dash 175 six with two amendments. One is the date of the ordinance to be extended till has anybody determined what the Tuesday is in October. Mayor the first Tuesday is the sixth. And we are not meeting on that day, or we're still trying to determine if we're meeting on that day. Yeah, we are planning on meeting on the fifth for a lunch meeting for sure. The sixth was supposed to be national night out but it looks like that's getting canceled so we're trying to figure out if there's a meeting that night. Councilmember Briggs you made the family amendment for the date, would you be willing to change that to October the fifth on that Monday. Yes, sir. Okay. Mayor pro tem would you accept that modification. Yes. Second or would you accept that. Yes, sir. Okay, so we've got that friendly amendment, and was there a second one. That was for the full cost of service. Is that correct. That was the second amendment is that anyone receiving temporary water service would would start to pay the full cost of water which was described as $70 a week per tote for a single person. Is that correct. Yes, sir. And the second amendment to it was a 140 a week. Is that correct. Those are our estimates. So at no time during this whole process, has any resident been paying for the full cost of service. Is that correct. That is correct. Mayor mad seek clarification or counsel direction. I'm not sure if that's correct, but I'm not sure if that's correct, but I'm not sure if that's correct. I'm not sure if that's correct, but I'm not sure if that's correct, but I'm not sure if that's correct, but I'm not sure if that's correct, but I'm not sure if that's correct, but I'm not sure if that's correct, but I'm not sure if that's correct. That's a good question. And I think that's the challenge when you're trying to compare this with normal water service to residents within the city, normal water service to residents in the city. If we were delivering to those residents, temporary water, most likely it would be very similar to this cost. So we're not really comparing apples to oranges, you're, you're trying to say, is this what the normal water costs would be trying to assume that all the connections are made. What would the cost be per 1000 gallons of water for a fully developed water system. And, but that's not what we have here. So, in this regard. Do we know how many have two totes, and how many have one. I believe I have that it's roughly half and half. Okay. And so, the amount of money that we've funded in the previous declarations that we had set aside that those funds were primarily used to pay the to supplement the cost of service, if they're paying $26 was that a month and $37 a month. Right. That's right mayor. So that that leaves with one tote, a supplement of about $220 a month, or no $250 a month. And on the double tote leaves about $523 per month so that's where that money was sort of going all this time. Is that correct. That's correct. The question we have not addressed is, we're being asked to extend so that those who have paid can complete the job. What happens if someone comes in within this two weeks and pays and start the job. We've got to find some date certain where. Okay, because we could just keep extending this out for those who still need a little time to connect based upon new accounts coming in during this two week period and I don't believe the motion addresses that other than we would just let it be what it is and if somebody needs to come to us for an extension Councilmember Davis. Mayor, I think you hit the crux of the whole issue right there. This has been the, this has been the issue rolling this forward as time goes on we just keep hitting one more little milestone we didn't expect one more little problem we didn't expect. The only way to look at this fairly, if we're going to include the cost of service is to look at as a total month that if you if they want the month that they've asked for a call us on the phone and asked for a month. If they connect in the middle of that month, then it paid for some water that they are cost of service that they didn't eventually need that buys another month for the folks who are not going to ever connect to city water or whose landlords are not going to ever connect to city water. So there's kind of a something of a windfall for those folks, although they have to pay the cost of service to get it. So I think the only fair way to look at it is in a whole unit of a month or two weeks if that's the deadline we set, but whatever the deadline is I think that's the unit of time that we look at. Okay, so I'm going to my position on this is I'm, I'm okay with the two week extension. I'm not okay with the month, only because, and I'm okay with the two with a two week extension and keeping it at the rate that it is, because if you keep it at the rate that it is. You're looking at maybe 12 or 1300 $1400 over those two weeks, because there's going to come some point where we have to decide that the seven who have signed up one is, is it seven who signed up one has an actual water connection. And then the other six. My understanding is there's already progress started on those other six that that's really the individuals where we're trying to accommodate, because people who come in after the fact. We could keep rolling this out until everybody get it gets a chance to put it in and nobody else has signed up correct. That's correct we just have the seven that that have paid their fees. And are those all the owner occupied properties. I believe they are they constitute all the owner occupied properties. And so the rest of the part the remaining properties may be a landlord owned and leased out to residents. That's great. Okay. Well, we have a motion on the table with the two amendments specified for October the fifth and full cost of water service. And we have a second. Is that my understanding, does anybody see that differently. All right, we'll go ahead and take a vote. Mayor pro tem how say you. All right. Councilmember Davis. Aye. Councilmember Ryan. Aye. Councilmember Briggs. No. Councilmember Armitter. Sorry, I'm trying to communicate with residents. Okay, we need your we need your vote Councilmember Armitter. No. Councilmember Meltzer. Aye. I've still got to say, say, say my say my vote. I've learned I should never wait till the end. But I'm going to let me ask for clarification from the city attorney. If the motion fails, we can still consider other motions. Let's say after considering other motions, can this motion be brought back up in its identical form and revoted or is this particular motion off the table for good for the rest of this discussion. You can bring it back up. I'm going to vote against this. So the motion fails to three to four. Councilmember Meltzer. Yeah, I move extension for the additional week beyond the mayor's declaration at the current rates. Okay. All right. Councilmember Armitter. Yes, I second that. All right. Any discussion. Mayor what day would that be. Okay. What date would that be? Correct. Well, the 14th is Monday 15th is Tuesday. So do we need to extend it to the fifth to the 15th. That would be advisable. I accept that. All right. And Councilmember Armitter, you second it. Is that correct? Yes. Mayor Pro Tem. Yeah, just want to say it's a little perplexing. I started out at the two weeks and then I accepted a friendly amendment. And then that's what caused it to fail. But all's well that ends well. Thank you. Okay. Any other discussion. What. Well, that motion's done. Nevermind. Councilmember Armitter has say you. Yes. Councilmember Briggs. Yes. Okay. You seconded that correct as well. Is that right? Who seconded Councilmember Armitter? Was it Meltzer? That's right. I was not. I was not a second. No, no. Yes. I understand. I apologize. Councilmember Meltzer for that. Councilmember Meltzer. How say you. Hi. Let me interrupt. Does this include the cost of service component. No, I explicitly said at the current rate. Is that correct? Yes. Okay. Councilmember Armitter has say you. Yes. Councilmember Briggs. Two weeks. Is that correct? That's correct. So it would just be one week. Because there's already one week in your declaration. That's correct. So we're just extending one week. Yes. Okay. Councilmember Briggs. Quick, quick lead up to my, to my vote. I'm supporting this only in because I did my own independent research to understand the documents assigned. Filed with the camp with the proper entities. And. This is a hard one week. Very. I just want to be very clear. For me one week extension. At this rate. And then we're, we're moving forward. Okay. Okay. Councilmember Davis. Aye. Councilmember Ryan. Mayor. Mayor Watts is an eye. So the motion carries. Six to one. Let's go ahead and take a quick break and we'll come back. In about five minutes to presume the agenda. Okay. Welcome back everyone to this meeting of the Denton city council on September 1st, 2020. We're reconvening. With our work session reports, it is one 22 PM. We'll move through citizen comments on consent agenda items. We did have one for this side for item O. On the consent agenda. Which is. Consent agenda item O. Consent agenda item O. Consent agenda item. Expenditures of 300,000. As previously discussed in closed session. We've got one person who made a comment using our online form. There were zero in support of this item and one against. Consent agenda item. Oh, so. Wanted to read that. Into the record. And I believe we did receive an email. For that as well. All right. Next agenda item is request for clarification of agendas on consent agenda item. Okay. Yeah, I'd like to pull out C and D for brief presentations. And I have a question on M. Okay. My question is, is there a timeline? If there is, I may have missed it. Is there a timeline for coming back to council on creating the sustainability committee? Okay. Council member. This is Tony Puente. Our plan is to. Go back to the COE. At the next meeting. I think it's scheduled for. The next meeting. The next meeting. And then we'll just have. Preliminary discussion. But we are currently working on doing some research to see what other cities are doing and then come back with a more comprehensive. Staff recommendations. Thank you very much. Yes, sir. All right. So, and council member. You were saying C and D, is that correct? Pulling. Yes, that's right. Thank you. Okay. All right. Anyone else? Council member. Briggs. Thank you. Thank you. Mike, I have two more questions on item H, which is just one of five, I think different mowing contracts. With different companies. I just wanted clarification of why it was done that if it makes it easier. And if all of these, I think we had a discussion, they were all moving under. Parks. So is that. I think that's true. I just want to confirm that that doesn't make it too difficult. I think drew happens on the line or Gary. You're one. What's that? It's true online. Drew. Yes, this is drew. Okay. This is Drew. Assistant director of parks and recreation. Thank you. Thank you. Plus we had two other contracts that aren't with this. We also, like you said, parks and recreation is taking over all of citywide mowing and that'll start October 1st. Code enforcement CIS. As a contract also in all, and it makes it, it does seem cumbersome, but it does make it easier for us to have all these contractors. I believe in April. We had some contractors that were not meeting our requirements. They weren't really performing to our standards. So they were let go. We had some other contractors that couldn't adhere to our standards. So they left us last year. Also back in December timeframe. We had a contract. Excuse me. It allows us, if a contractor drops to be able to add one of these other contractors that bid on those areas. And we went through an extensive research on all these contractors. Most of them we have worked with. In the past. And we feel very comfortable with them. Okay. Thank you. All right. Thank you. I think I had that same question, but since it was answered. I'm just seeking clarification that the passage of the sustainability plan is the first step to the implementation committee. Correct. So. It's included. The passage of this plan. That's correct. Okay. Thank you. Okay. Thank you. Yes, my, I have some additional questions about H through L, which are all the. External mowing contracts. They call for mowing and maintenance. And could you explain? So my first question is, you know, if you're going to take care of the landscape bed maintenance. And isn't that the purview of our parks. Maintenance staff. Or is that something different? Yes, ma'am. The maintenance entails the landscape bed maintenance. So they're going to take care of the landscape bed maintenance at the flowerbed. For the flower beds at the fire stations. So they're going to take care of that. And then they're going to take care of the water. So they're going to take care of that. And then they're going to take care of that. And then they're going to take care of that. So that's what we're talking about. We're talking about the park. We are short. Due to. You know, the VSP and other reasons on staffing. And so we added that landscape maintenance. To relieve some of our. Our burden on, on that effort. On those efforts. Okay. And it has an assessment been done. On. You know, to compare. You know, we've done a lot of work on this. We've done a lot of work on this. We've done a lot of work on these outside contracts. I assume that it has, but this is part of my. My thinking. What I need to know and considering these items. Yes, ma'am. Sorry. Go ahead, sir. Go ahead. Yes, ma'am. We did bring that back in April. We did an extensive study on exactly how much that was going to cost us. And it was almost double. What it cost us to. Double the cost. That, you know, we're not, we're not paying our contractors for. And we don't know. What kind of benefits these contractors have for their. Employees, correct. No, ma'am, we don't, we do have their hourly wage, but we do not have their benefits. Nope. Okay, thank you. And did that cost and include. That was determined to double the cost. Yeah. In the case of additional RFPs in the case of, as you mentioned that there are contractors who. You know, don't live up to our expectations. It did not factor that in. However, In terms of the staff time to do an RFP or RFQ, what it did factor in was the cost of labor. The fact that I was trying to get staffed up on the equipment was several hundreds of thousands of dollars. So I was trying to get staffed up. I was trying to get staffed up. I was trying to get staffed up. I was trying to get staffed up directly. Put, you know, try to get a little bit higher contractor. Higher grade contractor. They have confidence in. In order to deal with that. The other thing that we have done, I guess to your point. You know that we've had a couple, we've had some complaints and some of our more sensitive and environmental sensitive areas. And so drew is actually, that was a decision we made to bring that work back in house. So that was a decision that we made to bring that work back in house. And that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so that was a decision that we made to bring that work back in house. And so we're bringing all these contracts to you as one year contract so that as we pull all the mowing into parks, those can be consolidated and all go at one time. So the next time that these contracts go back, you will see the entire mowing for the city as they do that evaluation. So this is a short-term solution. So that we can consolidate all of that and bring it back to you as one program. Okay. Thank you. So I will approve of this as a short-term solution. I don't, I don't think we're. I don't think we're taking a vote on it right now. But by that, I mean, I'm not going to pull it because I was considering pulling it. So I would vote no. But yeah, so I'm, I should say I'm not going to pull it because I'm okay with it. As a short-term solution. But I really do appreciate. You know, what the city manager just said about the, the, the special care. Taken. You know, by our, our in-house staff. You know, by our, our city manager. I know exactly what you mean. And. I would love to see that. A city wide, but these are unusual times. So it is a temporary measure. I'm okay with this. Okay. Great. Any other. Mayor Pro Tem. Yes. I'd like to pull O and my, and short presentation, but I want an individual vote. On it. And then I would like to see. The differences associated with this matter and the cost. So just to align item of each. Of the other times we've voted on, on this particular matter. Okay. All right. So anybody else? So what I've got for pulling is consent agenda items, C. D. And O. All right. Okay. Seeing none, we'll move forward with our work session reports. Work session report three, a ID 20 dash 17 17. Receive a report and hold a discussion and give staff direction. Okay. Okay. Good afternoon, mayor and council members, Jessica Rogers, director of economic development. We'll start the presentation. So today I'm going to be presenting two incentive applications from two separate companies. And I'll go through why we're presenting them. And simultaneously a little bit further, and then we'll go over the terms of the proposed economic development agreements. So to begin with. We asked two local tech companies to understand future expansions that they were discussing and how we could provide assistance to them. We began by researching similar entrepreneurship technology and innovation based incentives and attended training on development of entrepreneurial ecosystems. The first company that we worked with was team of defenders. It's not a typo. That's the actual name of the company, as you see it on your screen. And team of defenders is an IT platform and technology company, focused on the internet of things development. And I will let them explain that to you. If you have further questions, they can do a much better job than me. And the company was founded in 2018 and they currently office out of spoke or excuse me, out of stoke. They are a hub and spoke company. And that team of defenders is the central hub. And that company is like storage defenders or offshoots of spoke companies. And there's information on those in your backup team of defenders uses existing talent pipelines, such as NCTC and UNT, for their staffing needs. And they are projecting rapid growth in value, revenue, customers, and employees. The second company that applied for an incentive was from the future from the future is a VR virtual reality training company that was founded in 2009. They're based in downtown Denton, but are rapidly outgrowing their space. They also use existing pipelines and Denton students from NCTC, UNT for their staffing needs. And they're also projecting rapid growth in their value, revenue, customers, and employees. So in discussions with both companies, we found that they needed to or they desired to reduce their funding needed from investors and they could keep a higher percentage of their company local. And they're seeking expansion grants to reimburse costs related to relocating their offices and moving to larger facilities, recruiting additional staff, purchasing furniture, fixtures, equipment, and any type of technological additions that might be needed for their new facilities and staff, and then make any necessary fiber infrastructure and upgrades that may be needed at new facilities. So before I go into details on what we're proposing, I want to go over quickly and our existing policy and how these applications comply with our policies. So the first section is our general provisions policy under that these two applications create quality jobs. Those are jobs that are higher wage and knowledge based jobs. And also they meet two of our target sectors, research and development and information technology. Under our incentive policy, we have priority considerations and of the priority considerations you see on the screen, they meet seven of 10. And primarily you will be looking at the higher skilled and knowledge based knowledge based jobs and the higher wage jobs that you see a significant number of jobs being proposed or over $75,000 per year. In terms of how we are proposing to design these grants, we are proposing a chapter three 80 agreement. And so we need to make sure that the applications comply with the incentive policy related around our chapter three 80 agreements. So the city's policy list five goals under its chapter three 80 program. And this application meets four out of the five goals, including targeted sector startup, small business support grants to offset any type of infrastructure improvements and to increase the percentage of jobs paying $75,000 a year. Under the chapter three 80 section, we also have what we call other considerations. We have three that these applications meet and that is they're adding a number, a net excuse me, they're adding jobs that are net going to have wages over Denton County's median wage. And then these are also expansion of existing businesses that are creating higher wage and knowledge based jobs. And this is a job based grant purely because they're not making a significant physical capital investments. So we're looking again at higher wage knowledge based job growth to determine how we would fund a proposed incentive. We looked at our investment fund to be eligible for any type of grant under our investment fund. You must meet two out of the three criteria identified on the screen right now. And they meet the two identified in blue higher wage or knowledge based jobs and the recruitment of an industry sector targets. So the information I have is an abbreviated and consolidated version of the very detailed applications you have in your backup. But for team of defenders, they're looking at adding 54 new positions over the course of the grant. That would include 30 jobs paying $65,000 or more. And if those 13 would pay $75,000 or more for a total estimated average payroll of close to $4 million and a weighted average annual wage of $70,607 from the future is looking to add 138 new jobs of those 82 paying $65,000 or more and 67 of those paying $75,000 or more for a total estimated payroll at conclusion of the grant to be $10.1 million with a weighted average annual wage of all jobs at $67,700. For reference, the Denton County average wage is $48,277 and the median wage is $42,650. With all of that information in hand, we developed incentive proposals for your consideration. For both entities, we are proposing performance-based expansions grant that will be made up of three components. The first is an expansion grant that's designed to reimburse each company for relocation costs, fund the additional equipment needed, make necessary site upgrades or finish out a particular site or to help offset increases in rent costs. That expansion grant is based on demonstrated actual costs, it is a reimbursement grant. The second component is a stratified job-based incentive and I'll show a detail of how we calculated that on the next slide. And then the third component is we know that we have a strong desire from council to increase residents of Denton having higher wage or knowledge-based jobs and so we included an additional incentive or what we call a residency bonus for those jobs that establish residency in the city of Denton. As I mentioned before, this does require a chapter 380 agreement with the economic development investment fund serving as the source of funds and staff does propose a term and cap on funding amounts. We're proposing a five-year term and I'll go over the cap on the grant amounts on the next slide. So this table outlines the term or excuse me, the cap amounts and the three individual grant amounts for each company. So the one-time expansion grant for both companies would be $50,000 to offset their site costs. The job-based grant, as I mentioned, was a stratified-based grant. So the higher the wage of the job being added, the higher the grant amount is per job. So for example, if one job was added at $5,000 -- excuse me, if one job was at $100,000 a year, you would see a $5,000 grant under that. So for Team of Defenders, for that first column that you see there, that $10,000, that's because they're proposing to add two jobs with over $100,000 a year salary. And so we totaled all those over their five-year term and so for Team of Defenders, we're proposing a cap of $29,500 for their job-based grant and for From the Future, a cap of $124,500 for their job-based grant. For each company, we established an additional residency bonus. That's $500 per new job added that establishes residency in Denton. So if every single employee in Job Added resided in Denton, for Team of Defenders, it would be $27,000 and for From the Future, it would be $69,000. And so the total incentive value for Team of Defenders would be $106,500 and for From the Future, it's $243,500. So I'll quickly go over the benefits for each grant being proposed. So for -- excuse me. So for both projects, the economic impacts, we're seeing a significant increase in the quality of jobs being created, a significant investment in human capital. We're also proud to say that both companies hire local. They use our university training programs and are hiring students coming out of UNT and NCTC and TWU, so we're seeing a reduction in brain drain by encouraging these businesses to stay in Denton. We're also keeping two Denton startups local. They're not having to relocate to any other community. We're encouraging the retention and expansion of two local companies and fostering entrepreneurship. This also increases and diversifies our tax base by encouraging the growth of higher wage and knowledge-based positions, and it's also starting the development of our economic ecosystem that supports entrepreneurship and locally owned business. And then in terms of a fiscal impact, the growth in these companies, we'll see a less demand on utility services and infrastructure versus what we would see in a typical capital heavy project. So the quantitative benefits for Team of Defenders, so this is based off of our economic impact analysis modeling that we do with any application. So the direct impact represents the actual job creation and revenue creation from the company itself, so 54 new jobs at an average wage of $70,607. The ripple effects, which include the induced and indirect impact, so those are the results of business-to-business transactions or increased personal income caused by the direct and indirect effects. We would see an increase of 81.8 jobs with an average wage of $36,254. We also are going to see property tax, sales tax, utility system revenue generated by the project, and one point that we'd like to bring up with this one is the attraction of venture capital investors, which is a little bit different than what we've seen in our capital heavy projects. And in terms of our fiscal impacts, the cost to provide services to these companies remains low, and the return on investment calculated by our economic impact model was 22.2%. For from the future, very similar, 138 new jobs with an average annual wage of $67,700. The ripple effects would induce, or excuse me, indirect and induced impact create 65.8 additional jobs with an average wage of $29,661. And the return on investment on this project is 7.3%. So a quick summary before I'll take down the screen and allow for counsel questions. So five-year performance-based grants for both entities. Both would include an expansion grant of $50,000. Both include stratified job-based grants based on the annual wages of new employees. As a reminder, that's $29,500 for Team of Defenders, $124,500 for from the future, and then also the residency bonus of $500 per employee who demonstrates a debt in residence. The total not to exceed amounts on the grants would be Team of Defenders, $106,500, and from the future, $243,500. And just to sum it up again, these would be Chapter 380 agreements to be funded by the Investment Fund, and the Economic Development Partnership Board did review both grants and recommend approval. And so for counsel direction today, we want direction on proposed terms and incentive packages. And then following direction from City Council, we'll negotiate the final terms of the agreements and bring back those agreements for counsel consideration. And with that, I will stop sharing and let counsel know that on the phone with us today is Mark Cieri and Nathan Wright of Team of Defenders, and Mike Christian and Mark Talkington of From the Future if counsel has any question for the companies. >> Okay. All right. Councilmember Meltzer. >> Yeah, first of all, how exciting to get this kind of proposal brought to us. I think it's very much aligned with the best intentions of people who were interested in Stoke years back. How did these opportunities come to us? So interestingly, we met with Team of Defenders related to a number of tech related support items back in late 2019, and we started discussing their need to grow and what type of support they might need to do that. And they were actually instrumental in helping us understand what might be needed or what flexibility we might need to support tech companies and how those might be different than our traditional economic development incentive packages. And then we met with From the Future as they were looking for additional space needs and discovered how substantial their growth was going to be and how much they wanted to stay indebted. And so we were able to work with both companies to develop a program around their needs. >> Mayor, I have several questions. If I could just ask one more and then I'll kind of wait. >> Sure. You bet. I mean, the sort of toughest one for me is that while the ROI, as calculated, looks very high with Team of Defenders, from what I can tell, there's no revenue now or even confirmed purchase orders. So my inclination is to say it's too early and that they maybe ought to come back when they're kind of at that stage. I don't know if you can make a question out of this, but I'm willing to listen as to why that point of view, you know, wouldn't be right. >> Okay. Do we -- would the person representing Team of Defenders like to address that comment and/or question? >> I believe we have Mark and Nathan on the line with us. We'll give them a second to unmute and join us. >> Okay. >> Hi. Can you all hear me now? >> Yes. >> Okay. Thank you. This is Mark Seary, the CEO of both Storage Defender and Team of Defenders. I want to thank you all for your time. In particular, I want to thank Jessica and Erica. They've been phenomenal to work with. Partial answer to her earlier question was Jessica's well known over at Stoke where we're planted and we've been for two years. And in all the business work that we've done, not only in our own companies with angel investment, we sought Jessica in the economic development partner with some of the partnerships we had with Stoke. So that's a kudos for this whole entire council because it's through your investments in the Stoke and in the economic development that we've been sitting here today talking about this. So thank you again. With respect to the question, we are a revenue bearing business. As you see, we have an IT development company and service company called Team of Defenders and we do spin off companies, for example, like Storage Defender. Storage Defender is currently in four states. We service self-storage facilities in Texas, Louisiana. By the way, our facilities, all that we're in, our services continued enduring through the hurricane, I'm happy to say. So our service has been tested over the last year and a half in some pretty tough situations. We're in Oklahoma and we're also now turning on a facility in Ohio. So we are going national. Our facility and our services run almost six million hours in the field and we are a revenue bearing business. So I don't know how to further answer the question. I was asked that offline too. I'm not sure if this was the same question, but we operate both businesses on a zero-based budget and we don't only do it by capital raising, which is normal in an early stage company where we're the biggest two investors in the company, but as Jessica mentioned, we are bringing capital investment and private equity investment into the picture, into the fold as well. Those are ongoing discussions. But even in light of that, with our revenue and our investment, we operate fully with a zero-based budget, which I'm sure is commonly understood among the Council. So that's how we -- that's how we're driving revenue in the business. We are an early-stage venture. We won't hide from that, but we are rapidly growing. We grew our revenue last quarter by 145% from March to the end of -- from March 31st to June 31st, and we're continuing to grow at that rate. Okay. Councilmember Mouser, any follow-up to that? Yeah, I would like to know what are your revenues and do you have a point of view on when you project to hit profitability? I can answer the second. I'm happy to talk to the first in private quarters, but we are a privately -- a private company, and I know it's a reasonable question, but we are not in the position to disclose our financials publicly. This is on a public broadcast. So I don't know what the rules are on this, but I'd be happy to talk privately with anyone that's interested in that. Mayor, I'd have to ask for your guidance on that. I don't really understand the protocol there. No, that would just be handled offline. Yeah. Would you -- after some period of discussion, would you want to go into closed session briefly to discuss that, Mayor? Well, I don't know if that would -- I don't know if we can have the applicant in a closed session. I think that's -- yeah, I don't think we can. So then the question, profitability and break-even, which I think was the second one, first quarter next year will be fully break-even. That helps. Thank you. Okay. Thank you. All right. Councilmember Briggs and Councilmember Armitage. Jessica, could you just go over -- part of a performance-based incentive is that those goals are set, and if they're not reached, then that incentive does not happen, correct? That's correct. So in this incentive, we've designed three separate grants within the grant incentive. So the first is that expansion grant, and I do apologize that it is thundering very loud as I speak. So let me know if something doesn't come through. The first part of that grant is the expansion grant. That's a purely reimbursement grant. So once they have hit the threshold to receive reimbursement, we would reimburse the funds in the amount of not to exceed $50,000. The second is the job-based grant. So we would write into our compliance certificate some way to confirm that jobs had been added and that they had met a salary threshold in that stratified salary chart that you saw in the presentation. Once we had confirmed that, then we would make payment of the grant of that amount. And in terms of the residency bonus, same thing. We would include some compliance certification process each year once we had certified at the staff level that they had met the threshold, we would make payment of the grant in that amount. So it's entirely performance-based with not to exceed amounts. So if they were to perform at 50%, they would be eligible to get 50% of the not to exceed amount. If they were to perform at 100%, they would get 100%. >> Perfect. And so that's one main reason that I'm comfortable going forward. The other one is it ticks a lot of boxes that we've had, startups, small business support, high-skilled, high-knowledge jobs, performance-based, and it also keeps companies in Denton that may otherwise have relocated to a different city. And that's pretty important. >> Okay. All right. Any other questions, comments? Yes, Councilmember Marker, I apologize. Yes. >> So first of all, I want to say how exciting this is for me that, you know, as somebody who's only been on council a short time, but who has been watching council for a number of years, and to see that we're moving towards that now we're considering economic development agreements with tech companies and startups, one of the advantages that was not included in the list of advantages is also there's the smaller physical footprint and the smaller environmental footprint that comes along with the smaller utilities footprint. So I was just really excited to see this. And I know -- and thank you for answering Councilmember Briggs's question. That was part of my question about having to do with the terms. Just to make sure I understand. So after the first year, did you say that, you know, the terms of the agreement will be assessed? If you could just kind of go -- that's a question. If you could kind of go through the timeline, because I'm not sure I thought that exactly, and if I could see that in -- if that was in the backup, I don't know. I don't know if that somehow didn't quite process that. But if you could kind of go through the assessment calendar timeline, you know, one year after two years. >> So these are -- we're proposing a five-year term. So at the completion of year one, we would have a certification process like we do in most of our other agreements where the company would be required to submit the W-2s. And that's actually a document that we would include in the contract itself. And say each year, once you've submitted your W-2s, if we were submitting salary information or whatever we kind of deem to be appropriate in terms of establishing residency, we can also do that through tax documents or utility documents, things like that. We would get that certification, and we would make our grant payment for those W-2s. We would get those W-2s if they were not to exceed amounts. Each year, the grant amount might vary. There's no set amount per year. There's just a total amount for the five years. So they could reach their thresholds early if all of their employees were hired, and we hope that each company grows very quickly and that they're able to reach all of those goals sooner, then they would be eligible to receive those W-2s. They needed to postpone a little bit, and they weren't able to hire everyone in year one, but they were able to make up for that in year two. They would be able to still receive those dollars because it's a not to exceed amount. And so it's just the total and broken down over a five-year term. Thank you. Is it legally possible in a 380 agreement to have specifications about diversity in hiring, you know, gender diversity, diversity of other underrepresented groups in hiring across salaries? This is something that I think of in every economic development agreement, but I've never seen one that is so attractive to me as this. So that's the reason why I'm getting to this point about asking it. I would have to defer to legal as to what we could or could not regulate in terms of hiring practices. So I apologize, and I'm not sure if Aaron's able to answer that. That's a legal issue that we can certainly look into. It's not very common, or actually I've never seen it in an incentive agreement either, but we will definitely take a look at it and have a response before these agreements hit the next agenda. Awesome. Thank you. Thank you. And I would love to -- finally, I would just love to hear from the -- we have the CEO of each business here with us on the phone. Yes, so Mark Seary, who you heard from, from Team of Defenders, as well as Mike Christian from From the Future is on the line as well. Yeah, so since you're here, I would love to hear you speak to, just in your own words briefly, just what you feel you bring to Denton, especially now given that job that -- given the economic situation of Denton and the country right now. So if we could -- Mark, Seary, if you could go first, and then I'll -- Yeah, and if we -- if you could -- if you all could, the callers, if you could turn down the volume on the meeting that you're listening to. We're getting a little feedback, and then that would be very helpful. Thank you. Jessica, did you want me to answer first? This is Mark. Yes, Mark. Go ahead. Okay. So if I understood the question, it was kind of a combination of why Denton and what we offer to Denton. Is that the question? Yes. Yes. Okay, got it. So kind of my answer to that is the same reason we picked Denton is the same way we've been operating in Denton. It's the same reason we want to stay in Denton. It's all the same answer, right? As technologists, both Nathan and I -- Nathan's also on the phone. He's the CTO on the business, the CEO, but also tech. We have tech covered, as I suspect the other company does as well. We're very -- we're very deep on tech. We both have storied careers in tech. What we found in the appeal with Denton is the creative side of Denton. All our products interface with end users. And the magic is not actually the technology. The magic is the technology that goes across a user interface. And we feel that embedding ourselves in the culture and bringing in sort of the creative types and the marketing types and people that see things actually different than we do would actually be impacting the products that we put out and make them more special. Because in the end, it's people using our solutions. So number one, we embrace that creative culture and want to invest in that. Number two, city partnerships like this. You know, we don't only want to be a consumer, you know. I would love to talk and demonstrate to anyone on the council how our technology works. For example, if you ever want to talk about smart city initiatives for Denton, we would be happy to show you how our technology could be part of that solution. So we want to -- we're interested in city partnerships. And, of course, here with Jessica in the economic development is a big one. But let's talk about things like the college universities, right? So we don't only see it as a pipeline. We see it as an investment, right? Right now today we have three UNT grads. We've had people go through the TechHire program at NCTC. We're in discussions with the TEM program, which runs at UNT. And we're looking forward to -- we actually just yielded our office over at Stoke. And I'm happy to say that I've heard that TWEU has got an incubator program for minority-owned, you know, women-based businesses. And I think those programs are awesome, and we'd like to be a part of that, mentor involved in that, and help unleash that in Denton as well. You know, and then lastly, we leverage the local providers, the local service providers. You know, I'll just think of, like, our accounting. We didn't go outside of Denton. We found an accountant that we hired in the area. We engaged a marketing service in the area. So, you know, we want to give as much as we consume. And part of that is why we picked and put ourselves here from day one and why we want to stay here as well. Hope -- any questions on that? Does that make sense? Yes, thank you. And now I'll introduce Mike Christian with From the Future. Hi, this is Mike Christian from the Future. Can you all hear me okay? Yes, we can hear you guys. Okay, awesome, awesome. Thank you very much. It's a real privilege to be here today and talk to you all. And a lot of what Mark said is true for us as well. We've been here since -- well, we've been in business since 2008. We've been in -- we've been officeing in Denton since probably eight going on nine years now. And it's always -- it's always been our -- as far as I'm concerned, it's been our home. It's a -- it's a source of intelligence, diversity, and creativity that we always feel when we walk out on the square, our office is right on the square. And every time I walk out that door, I soak it up. And we've had -- we've had people from UNT, some just fantastic people work for us. And as we've been in this bootstrap process, we've also lost some fantastic people. We recently lost people to California and Seattle, Washington. One of them went to work for Amazon, and another one went to work for Apple. So I mention that just to tell you the kind of quality people that do go through Denton. And personally, I'd like to see stay in Denton and working for us. And I feel like our current business direction with virtual reality and training is a real growth opportunity worldwide. And I would love to see Denton become a hub for that sort of technology. I would like to grow that. We currently are targeting heavy industry, energy, construction. That's how we see where the revenue is currently. But we've also got a track with autism therapy. We currently applied for a grant with some local businesses and some local researchers to further pursue virtual reality and autism. And so that's our way of giving back. In the past, we've been involved with TechMill and Stoke and some of the tech-oriented community initiatives. And I want to make one more point just to comment on the diversity question earlier. We feel like tech in general has always felt a little short when it comes to diversity. But what I found out is that when you're in a creative business -- and we're in a creative business. Before that, we were in video games, but virtual reality is just as creatively intense. I found out that having diverse viewpoints not only makes for a well-rounded workplace, it feeds that creativity because you really need people from different walks of life, different backgrounds, different genders, skin colors, nationalities. That kind of diversity when it comes to people pursuing a common goal in a creative endeavor is priceless. I welcome any kind of initiatives you guys might have that I can help with to encourage that. I just want to make that as a side point because that's definitely one of my passions. Thank you. Anyway, that's it in a nutshell. I just really see that there's huge potential for growth. And I think based on what I've seen from the artists and the musicians and even the comedians, and of course the tech talent, we've utilized all those people at one time or another. I just see this being a really -- especially with the universities feeding into it, I just see it being a real growth point for us. And we'd love to stay and we'd love -- any help we can get is appreciated. It's an expensive endeavor. Certainly there's risks, but the potential is pretty huge right now. And I think we're sitting in a good position to take advantage of it. So thank you. Okay, anything else from the council? So you need direction, Jessica, on moving forward with the proposed incentive as presented? Yes. Or if there's an alternative that a council member has to propose. So council, it's not a vote, but do you want to move forward with the incentive as it's Councilmember Davis? I think as usual, staff's done the heavy lifting for us. They've done a huge amount of research here, and I appreciate everything that has gone into that. Like Councilmember Briggs said, this is a good proposal. It's a good way forward, and I'd like to go forward with it as presented. All right. Any objection to that from any council members? Okay, seeing none. Jessica, you have your direction. Thank you. Appreciate it. Thank you, gentlemen, for joining us on the phone. Thank you. All right, we'll move on to then our agenda item 3B, which is ID 20-1488. Receive a report, hold a discussion, and give staff direction regarding an audit follow-up of the procurement card process audit. Hello, Mayor, City Council members. I'm Madison Rocha, the City Auditor. Can you hear me? Yes. Can you see my presentation? I can. Awesome. I'm the City Auditor of Denton. I'm going to present our follow-up findings for the procurement card process audit. So as you all know, follow-up reports are intended to provide information on what changes have been made in response to a previously issued audit. This review was based on the recommendations and management responses originally compiled in the procurement card process audit issued in August of 2019. In general, we found that the purchasing division has implemented a number of new systems and processes that have greatly improved the reporting and monitoring of about $5 million in P card purchases. So I'll detail these major improvements over the next couple slides. So to begin, the original audit found several instances where purchases were not approved or did not have adequate documentation. Purchasing has since implemented a new P card expense reporting system along with a process that provides adequate review and approval of P card expense transactions. So we verified that all P card expenses in May of 2020 were recorded in the P card expense reporting system, that all cardholders had an associated approver and a sample of 30 transactions were appropriately approved, and that all transactions between October of 2019 and May of 2020, which is how long the system has been online, had an attached receipt. So while this new process requires all cardholders to upload a receipt for each purchase they make, we found that about 9% of transactions did not have an adequately detailed receipt, which means they were either not itemized or were missing necessary vendor or date information. So this 9% translates to an estimated $600,000 of inadequately documented and therefore riskier purchases. So based on this review, the recommendation to require employees to upload receipts has been implemented. That being said, we suggest that purchasing consider providing additional training or communication to cardholders and approvers on the importance of providing detailed and itemized receipts. So next, the original audit found several instances where procurement regulations had not been considered and that procurement had difficulty enforcing P card policy. These issues generally appeared to stem from a lack of monitoring P card transactions. Since the audit, the city has contracted with card integrity to monitor P card purchases. This contractor identifies potential exceptions based on procurement regulation thresholds, procurement policy, and identifies consolidation opportunities. So these potential exceptions are reviewed by the compliance officer. If a P card policy violation is identified, the compliance officer issues a misuse warning. And after the third warning, the cardholder may lose their P card and face disciplinary action. So we found evidence that this disciplinary process has been used, though no cardholders have been suspended. In addition, procurement meets annually with department representatives to review spending trends and discuss consolidation and bidding opportunities. This new practice has greatly increased the amount that the city monitors its P card purchases and has seemingly resulted in several new contracts being executed. Similarly, the original audit found that the city had a relatively large number of P card holders, many of whom rarely used their card. So the more cardholders the city has, the greater its financial risk exposure, as cardholders can unilaterally make purchases using city funds without prior approval. The follow-up review found that the number of city P cards has decreased by about 18%, as you can kind of see in the slide. In addition, the percentage of underutilized cards has also greatly decreased to about 5% of active cards. So annually, procurement staff meet with department representatives and review card usage to determine if cards can be deactivated or consolidated. However, the number of active cards is ultimately up to the department director. In addition, the original audit found that the administrators of the P card program had P cards, meaning it was possible for them to make inappropriate purchases undetected. The follow-up review found that no current cardholders had administrative access to any P card systems, which eliminates this risk. Still, this prohibition has not been clearly stated in the P card manual. Therefore, we determined that the associated recommendation was in progress and not yet fully implemented. In addition, we found that the purchasing division has been offering P card training to cardholders and supervisors monthly prior to the pandemic, and they're currently looking for an online training solution to continue this practice. Both cardholders and supervisors are required to take P card training every 24 months. We also found that the department had evaluated Texas' travel management program as recommended in the audit. So in summary, these new systems and process changes have resulted in significant improvement to the P card program. We found that all but one of the 14 recommendations issued as part of the original audit was fully implemented. The remaining recommendation is in progress, as we previously discussed. And when this has been fully implemented, we will communicate this to council, probably in a Friday report or something like that. So based on this assessment, I believe that a future follow-up review will not be needed for this audit. So stop sharing. There you go. I believe you're on mute, Mayor. Thank you. Appreciate it. Councilmember Armitage. Yeah, I just wanted to thank you, Madison, for your work on this and to thank staff, procurement staff for their cooperation. This is really excellent work. And I just wanted to just to say that, you know, how much I appreciate, you know, your acknowledgement about that people overseeing the P cards should not have P cards themselves. And my understanding that, you know, of course, by that, that you're not casting any suspicion on anyone. It's just about risk mitigation and I know that the staff who that applies to completely understands as well. So I just wanted to thank you for that. And just I really appreciate the whole the spirit behind it. And thanks for everyone's cooperation. Any other questions or comments? I've just got something. Madison, I believe this is your first presentation as officially the internal auditor for the city of Denton. Is that correct? Yes, I think so. Yeah. Congratulations. Thank you so much. Appreciate it. Wonderful. You always have done great work. So thank you very much. You bet. All right. Thank you, Madison. We'll move on then to agenda item 3C, which is received report. Hold the discussion to give staff direction regarding an interlocal agreement whereby the city of Denton provides public safety communication services to the town of Little Elm for an annual fee. Good afternoon, council. I'm Melissa Craft. I'm the chief technology officer with me today. I also have Suzanne Colletter, our public safety communications division manager. So public safety communication services. We provide kind of a wide array of services. We answer 911 calls. We also dispatch for police, fire, emergency medical services, in addition to answering non-emergency calls to. Some public safety communications statistics. Here you can see, you know, it's also demonstrated as part of our budget presentations. You can see our call answer time in seconds. So you can see from 2018 to 2020. So it's been kind of relatively the same on our call answer time with the same as our called hold time. Our call hold time of those calls that are put on hold. This is the average wait time the call is placed on hold. Our non-emergency calls. You can see here they have decreased, you know, over the past three years, you can see it go from 81 seconds down to 68. In addition to our call answer time for non-emergency. I did want to take a pause here too. I know there were recent reports on our police 8181 non-emergency call. I think we were able to identify a configuration issue with the phone system. So what was happening previously, anytime someone would call 8181, option five or six would just go into a queue. So it was set up like it was when records was at work from eight to five. So we were able to make that configuration change. So if someone calls 8181 and press option five or six now, it'll encourage them to either submit a non-emergency report through email or press one for dispatch. So we were able to identify that issue and we did see some issues with that. As far as our dispatch processing time for priority one's calls, we'll start off with police. You can see here over the past quarters. Just keep in mind, we just upgraded to new cat system. So, you know, the information we have, it's just based on our new cat system. You can see us go from 238 seconds down to 159 on the priority one for fire. You can definitely see from 69 down to less than a minute. This was one of our key goals over the past fiscal year, specifically for Chief Hedges was to get it down under a minute. While that might not seem like a lot of time, it really takes our staff a lot of effort to do kind of the pre-arrival medical instructions too. You can also see our calls for service entered by dispatch. So on the police, you can see it steadily kind of increase and kind of what we're projected based on our call volume for the previous quarters. Also is fire as well. You can even see animal services almost double. We thought that was interesting as well. As far as some of the big public safety communication upgrades and improvements. We did do a mini remodel which included replacing all of the consoles and equipment. As you know, we implemented a new cat system and RMS. We implemented a new radio P 25 system that's currently integrated into Denton County's regional radio system. We've updated lots of policies and procedures to meet industry best practices to include kind of APCO guidelines. We also reclassified our public safety communication supervisor duties to give them, you know, a little more authority, you know, as part of covering the shift work and also implementation of a new employee performance management software. This is part of kind of how we evaluate employees. Also early warning intervention so we can identify some of those needs so we can kind of really specifically target training in dispatch. There's quite a wide array of policies and procedures that they kind of have to appear to. So training is really key and also reorganization that resulted in 24 hour supervision. We did as part of the restructure created a new quality assurance supervisor and training corning coordinator and also streamline our hiring processes. I know previously would take us anywhere between 70 to 90 days. Now we have that down to less than around 30 days to kind of process those employees to our candidates. We are in the process of implementing a new customer service survey software. This will assist as part of, you know, gauging, you know, for police for animal services and for dispatch so it's going to be dependent on. So, for instance, if someone is in a traffic incident and they want to know when someone's going to be on site, these would be some of the new things will be implementing as well. So I thought that was neat to kind of talk about. As far as the Little Elm in Denton in our local agreement, Little Elm did approach us regarding the opportunity to see if City of Denton would be interested in dispatching for them. Right now, the Denton County Sheriff's Office serves 21 different agencies, which also includes Pilot Point, Aubrey, Sanger Crumb, Oak Point and Northeast. Little Elm is the largest agency served by the Denton County Sheriff's Office as well. So here's kind of what that proposed model would look like. We'll get kind of those emergency calls in for Denton and Little Elm. We'll have City of Denton public safety dispatchers will also have an additional eight public safety dispatchers to support the new Little Elm dispatch function. Some of the staffing advantages as part of this agreement, it will give us the ability to cross train our resources. So all of those employees, in addition to the eight new ones for Little Elm, will be cross trained in Denton policies and procedures. The team can share the load and prioritize incidents while maintaining high availability. One of the key takeaways would be able to support a dedicated fire medical position for some of those long and complex incidents. That's really what we would say would be kind of the biggest advantage. We did look at the call volume comparing Little Elm to the City of Denton, and the City of Denton is three times the call load of Little Elm, so we'll definitely be able to leverage those FTEs at least 50% of the time, if not greater. They can also assist with some of the administrative causes we've discussed previously. We have seen an increase as part of our non-emergency calls, which would definitely help supplement that as we'll use all of those positions to kind of initiate kind of the call taking as well so that there's some benefit to that. In addition, the structure will offer kind of a career option for a dispatcher so they can kind of grow into the various position and get different exposure to those different types of calls. Some of the possible financial advantages to also include our shared capital costs, you know, whether it's part of new consoles, radio systems, new technology, they would be able to kind of cross share some of that as well. As far as the impact for Denton, there really should not be a change to our 911 and non-emergency call taking procedures. There should be no change as far as how that structure and how that's assigned. There will be more personnel on duty in the communication center to handle incoming call and other tasks during major incidents. This is where we see the benefit. It's not necessarily as far as just the revenue, but just the time that we'll be able to leverage between all of the dispatchers as well. Some of the benefits for Little Elm, they will get a dedicated police dispatcher, dedicated fire dispatcher, reduced radio time as they'll have kind of their own radio channels as well, so this should not conflict with City of Denton police at all. We can also alternate channels for use when major incident occupies main channel. They also have a dedicated channel for NCIC inquiries, something that they don't currently have now and it's being shared amongst all of those different agencies we mentioned earlier, which enables us to keep the main channel clear for some of those more urgent transmission and those priority one calls. Some of the key points of the interlocal agreement, we did look at the staffing projection based on calculations for volume based staffing. This is how we were able to determine that they're roughly around 35% of the call load of what the City of Denton is. Call answering, processing, and dispatching for emergency and non-emergency. That's one of those things we would provide that as a service. We will set up an advisory board established for feedback and input as part of that process and also the processes and standard operating procedures will be similar to Denton. That was kind of a key thing for us and really what differentiates kind of what we're proposing as opposed to what set up with Denton County Sheriff's Office. They currently have a different structure where, you know, all these cities have a different level of voting authority. That's not what we're proposing here. We really want to minimize change to our current policies and procedures and hope others could adopt to kind of how we're doing doing it as well. In addition, we'll be able to do performance measure reporting against industry best practices. Some of the other key points continued. So if staffing usage, for instance, if Little Elm, right now they'll have two dispatchers. If we start to see the call load where maybe they're tapping into City of Denton, kind of allotted FTEs, the Little Elm shall reimburse City of Denton and vice versa. So, for instance, we can't keep up with minimum staffing for those two dedicated Little Elm personnel. The city will reimburse Little Elm as a result of that. In addition, we'll put in TLETs and let's entry into the system provided by Little Elm. We'll maintain a call logging and recording system of all Little Elm emergency and non-emergency for up to three years, the same thing we're doing now for Denton PD and Denton Fire, and we'll also participate in periodic training exercises and scenarios by Little Elm. This contract will be proposed for five years. Here's kind of the financial information we did have input from finance, you know, as part of this process, the staffing for eight FTEs are subject to a 3% yearly. This is assuming someone's coming in with roughly P50 at around 10 years of experience so that might flex a little bit in addition to the staffing over time, but you can see overall to include some of those capital expenses. The first year proposed would be $1.1 million, and you can see so forth for years two through five for a five-year grand estimate total of $4.8 million. As far as our proposed implementation plan, we are planning to break it out in three different phases. The first phase would begin really providing Little Elm SOPs for operations and procedures, which include CAD and radio. We also need for a Little Elm, they are looking for a new RMS system and mobile software, so part of that would be ensuring that software and technology is implemented prior to integrating into our CAD system as well, and begin to interview and hire FTEs. Phase two, training this does take a long time, depending on if the dispatcher had previous experiences as well that can range anywhere from four to eight months. We'll also need to locate integration and testing into Denton's CAD system and work with our 911 provider in addition to Motorola on the equipment order. Phase three would be preparing to reroute those emergency calls, go live and initiate ongoing improvement tasks. There is a big dependency there. Again, we would need kind of those eight FTEs as part of this proposal in addition to the new police department remodel, which includes a public safety communications model as well. As far as next steps, we would like to finalize the interlocal agreement with Little Elm if that is an option that Council wants us to take today, and also present the ILA to City Council if that's something you want us to proceed through either a consent agenda item or individual consideration. All right. Questions, Council Member Armitter? Yes, so thank you. So anyway about the first part of the presentation. Thank you for those updates. That's wonderful. About this, the agenda came out on Friday and I've had over the weekend to process this. I have not been able to get all the input that I would need from, you know, members of the community. To me, this is a really big change and I have a number of questions and concerns. I could possibly be brought on board, but I don't think I could be brought on board today. So my concerns, which, and I'm hoping you can, somebody can speak to some of them, I'm concerned about taking on such an additional load. And in the case that those additional FTEs would not be enough, and by not be enough, I mean, I would not want to burden current staff anymore, you know, from the level of dispatch and extending throughout, you know, everybody who would be impacted by this change would not, would not to, I would not want to increase the workload without extra pay. And I would also not want this to come and I know nobody else would too, you know, at the expense of any reduction of safety of people of Denton. And I'm wondering if someone from staff could speak to this, these, you know, these, these concerns. I definitely agree with your sentiment. We would not want to burden our dispatchers or put any of our first responders at risk, especially with the workload. Little Elm does realize that really they'll have to kind of pay for those FTEs a year ahead before they currently leverage them or they'll be kind of answering those phone calls. That's why, you know, it's important to make sure we have the funding, we kind of set up the training program. You know, let them get used to kind of the Denton policies and procedures as we're getting ready to kind of shift that over. So there's going to be, I would say, a year of almost up to a year of prep time before they would even fully answer little Elm 911 calls and everything else. That, that would have to be the process in place before at least our staff would feel comfortable taking that on. I think there's some safeguards built into that as well. Councilmember Armitage in terms of your concerns. If we in fact saw any bleed over of Denton staff in a little Elm, they've agreed that they will pay us to add additional staff so we're somewhat insulated. Part of the deal that we see here with this partnership though is there's downtime on the little Elm side. We also benefit not only their management fees involved in those sorts of things to help reduce our costs in this particular area. However, we've also got some additional capacity that benefits our residents. That seems to be getting lost in the questions here. So I think we've got a very good middle ground here in terms of them not impacting our service level at all. We probably stand to gain a little bit more than they do at this point. The bottom line is their service. It's a huge kudos to Melissa and Suzanne and the team that's been working so hard over the dispatch center that they're they're viewing our dispatch is so positive they're willing to over double their costs just to come in and get that service level. So, I think we've been slated our residents insulated our service levels, and they will they've agreed to stand alone. Okay, and thank you and talking, would you mind elaborating a little more on just to follow up on what you mean by the kind of remember your wording now as you put it but the, the increase in what you said public safety or service for the city of Denton. Could you elaborate. Sure, anytime there's additional downtime to be the beauty of when you when you're working on a joint dispatch center is there's always going to be downtime you can't. I can't predict when you're going to call 911 you can't predict what I'm going to call it so there's going to be periods of time where you've got idle time at those times where the little elm dispatchers for instance, are down there's going to be sharing of those resources so it helps them avoid costs and it helps us avoid costs down the road and it's a nice way for us to to control operating costs moving forward and actually add a little bit more buffer to our staffing which is what she's trying to point out to you. During those down times but they have, they have agreed that they will pay their own way, and are, we should not see any disruption in our service level in our budget more importantly this is a total net benefit to us. And from their perspective it's a huge benefit in terms of technology and being able to come in and kind of order the service that they want which they're currently not able to do. Thank you. And one more for now, is little Elm a home real municipality I should have looked that up but they not believe that I believe they are I need to double check that. Okay, thank you. I'll be curious to hear other people's questions. Councilmember breaks. Thank you, Mayor. I believe that the city manager answered my question about our response being harmed and the answer was no that that we wouldn't find that I want to thank you Melissa for your presentation of in the update you gave for the non emergency 8181, I know that I had heard some issues and so I appreciate you looking into that and figuring that out. I do have a few questions about this agreement. I know that the dispatchers are little Elm and didn't but do they will they dispatch other, like so little and will dispatch didn't and didn't will dispatch little on. Yes, everyone would be cross train that that's kind of advantage when we talk about leveraging now instead of let's say five seven people now you have nine on the shift that understands that and policies and procedures and that in little own policies and procedures there's a definite advantage for continuity for training and for progression for dispatchers. Yes, for clarification so will dispatcher dispatch a Denton police officer to little Elm. No, no, they'll have so this the technology in the way cat works. You would have pre configured operations for city Denton and then little Elm will have its own kind of pre configured operations so there's going to be clear distinction between both. Now, on the non emergency side as we're getting some of those calls it's going to come from one facility, but then as they're getting it to those police or the fire dispatchers it'll kind of get transferred appropriately. Okay, that helps me because I knew that on the dispatcher side that would be the crossover but I wasn't sure on the response side how frequently that would be, you know, say if a little Elm police department responded to Denton and so that was one of the things I wanted to ask about. And so will this contract help offset the cost of the software. Absolutely. And that's the point of kind of that cross sharing efforts. So like right now we're looking at a new customer service integration into our CAD for police animal services and for dispatch is that if that's something little wants to join, they'll have to pay a portion of that maintenance as well so you can kind of spread some of those costs. So that that would be the goal. Okay, Mayor have two more. Do you mind. Okay, that's fine. I'm just looking at the creek out here next to city hall it's almost out of its bank so very interesting. Go ahead. Well everyone share the same location. Yes. Yes. Okay. I guess I'm concerned a little bit because I know that the current location was already tight. So we'll, can you explain that a little bit on timing with with our remodel or new public safety communications remodel I think it'll house up to 20 consoles. Okay, 18 consoles correction. So it'll house up to 18 consoles so definitely room for expansion for growth, and for space, or in the remodel in that that's the other caveat, we would need a FTE so we can kind of train them up get them used to our policies and procedures, in addition to having kind of the facility in place as well we would not do that currently. Okay, and the last one and I guess most important is, if there was an issue, or something happened, who, who would be who would be in charge what if something bad happens how, how would a situation like that be handled. So, as far as responding to priority one priority twos, we would handle it the same way as Denton, and you know there's kind of a clear delineation of where Denton is responsible and then where little is responsible to legal has taken a look at the preliminary contract, I would have to really defer to them on the specifics. Okay, well I just want to make sure that that's ironed out really carefully so that there's no issues there but that's, that's the main concern so thank you. Any other quick matter pro tem. I just want to pick up on the cost recovery that you touched on, which, if I look at the financial information slide, which line item does that fall under. So it would be under our management fees. That would be a big portion and some of the portion that's where it kind of that trade off that I think our city manager kind of expressed is kind of the time and how the time spent so you know as far as how we're able to leverage kind of little dispatchers to take some of the non emergency calls and kind of the backup to some of our priority calls as well. And then, do we have a specific buy in cost you talked about future iterations and if they bought, do we have a specific percentage that they have to buy into or is that pre negotiated. My, that's part of the software if it fits to and they want part of it, they should pay. All right. If I if I could just here for a moment. I just want to send out to the citizens and Mr city attorney I don't see you on the line but I think this would be sort of in the realm of sort of an emergency statement. The fire department is having to conduct many many swift water rescues, as we can see outside the creek here so I'm just imploring all residents not to drive through the water. It's paramount and the safety of the first responders is paramount so please be safe and and don't drive through high water because apparently there's there's quite a few high water rescues being performed at this time so really want everybody to stay safe so I apologize for interrupting the meeting but I felt that that was necessary to get out so thank you all so much. Sure, you bet. So, Mayor pro tem you've got the floor. Thank you, appreciate that announcement. And then, help me understand Melissa, the five year contract. How does that coincide with employees are they didn't employees full time that if the contracts not renewed in five years we have to then manage that or what does that look like if they don't renew after five years with respect to employees. So these will be city of employees so let's say they they sign up, and they would not want to renew they would have to give us at least a budget cycle in advance notification for that. So, you know, as part of you know our growth to, you know, we're anticipating a higher call volume and at some point, even a different district for PDs at the substation so I don't see those dispatchers not being leveraged if that answer your question it does. And then lastly, just a question obviously little Elm is in a little different situation, as far as the lake, being there, and there's obviously inherent risks that comes with that. Do we feel this enhances that service. I think that's what I take away from you that they'll have spat faster. Do we feel this enhances that service that would allow those to be addressed. Yes, because because right now they're sharing a radio channel with many other cities. So you can imagine a priority one calls come in and you're sharing with 10 other cities the same radio channel that definitely poses a public safety risk for them. They'll have their own radio channels it shouldn't impact city of debt and radio channels so so they'll be able to have a little more kind of dedicated support something of which they're needing. Great. Thank you. Anybody up. Anybody else. Yes, Councilmember Melcher. I'm really, you know, kind of two minds on this on the one hand, kind of like is this, is this really our job to do and where, you know, should we take on other cities to you know it feels a little like a stretch although I hear, you know, the reasons for all benefit debt, and our management is very talented and inclined to, you know, support, something they want to try, but I could, I can imagine that even in less than five years you know when you try to do this kind of a marriage may or may not work. And I wonder if they're, if we have the ability to disentangle if it doesn't really work out the way we hope now. Absolutely and that that would be part of kind of that inner local agreement making sure we're minimizing our risk and we're keeping in mind, you know the employees were bringing on board as well. So, I don't think our goals to take over what the county sheriff's doing it's really trying to find kind of help another city but also have it be advantageous to us as well, without adding to add additional stuff. If we wanted to completely undo the deal because of unforeseen complexities or whatever, you know, in a year and a half or two years, we would have the ability to do that. I think it would have to defer to to leave you on that I think you would have to give definitely advanced notification of that and that's kind of, you know, it's a big change for a city to switch 911 operations, so want to make sure they have plenty of time in the same way we have advanced notification. I would say a year would be too, too, too little time. Does anyone want to add anything to that. That's correct and these types of agreements where you're sharing radio operations that's what you described there's typically a lag time to allow the city that's being benefited some time to find an alternate system to to hook up to, especially when it's public safety related. We will negotiate. But I mean, obviously you know you go into these things, everybody's hoping for the best and I would, too, of course, we see all the benefits but, you know, if it doesn't turn out that way. With all that due consideration involved, would we be able to disengage in your view. Attorney, we would definitely be able to disengage. The question is going to be, how much time do we have to allow them to be able to get up to speed with their own public safety communication system or to tag back on to the county. Sure, makes perfect sense. Thank you very much. And I would just tag on I mean, given the professionalism on both sides, I don't see that being an issue the last city I managed we had 10 cities that we dispatched for and it paid most of our dispatch center costs by itself so part of the deal with this, we would not have brought you this deal unless we feel like our residents were completely insulated. There was money coming in to offset our operating costs that we had some benefits in terms of ancillary staffing so it's just kind of good government helping both of us sort of manage our staffing needs moving forward. I think that quite frankly selfishly though, the other thing we're looking at is if something like that ever happened. We've got the ability to increase our training ground here and our pool of talent, which has been something that's always a challenge with dispatch. Those, those folks have a lot of knowledge that they need to gain, and we invest a lot of time in them so having having a staff trained up like that is a huge benefit to our residents. I appreciate knowing that you've done multiples of these kind of deals. Thank you, Davis. Yeah, kind of tangential what the city manager just said I don't want to, I don't want us to underestimate the benefit of having adding additional dispatchers when little elm just by the numbers we've seen is going to have much more downtime than we have the ability to keep one dispatcher on a critical incident, you know, by nature our population and the fact that we have an interstate running through to interstates running through our city, we're going to have more long drawn out critical incidents where you need one dispatcher running the show from dispatch and keeping things together for a long period of time. That's a staff person that's a dispatcher that's down from handling any other calls. So the addition of that, those four FTS to cover a little elm I think we're going to see some pretty clear benefit from that I think this is a great deal. Councilmember breaks. I want to echo Councilmember Davis comment there on having the availability of a dispatcher to stay on a call. So they're not feeling rushed to answer another emergency call is going to be a great benefit. I'm just curious, because I'm surprised I don't know I guess you've already discussed it with both chiefs. I'm just wanting to hear their opinions the chief hedges and Chief Dixon. I don't necessarily I just need to make sure they're you know absolutely they were part of kind of the committee so as we were looking at the proposal and pros and cons you know our governance committee kind of really set together and it was really between the chiefs as public safety communications were just merely the facilitator as part of that so there's there's definite mutual benefits be between police and fire on both ends, and they kind of interact with each other, you know through their associations as well so they were definitely on board for this. Okay, thank you. All right, any other Councilmember armature. Yes, were there were dispatchers on that committee and evolves in the decision. So our manager was on the kind of that committee as well. So, you know, as we were kind of going through kind of the processes and procedures, and we did talk to not all of supervisors but we did talk to our training coordinator and our supervisor as well. Okay, and what about like actual like the dispatchers. I think they're, they're biggest as we were kind of talking about that their biggest concern is like, are you adding more without more staff it's like no no we're going to add 80 FTS, and it's going to be in the new facility because right now it's a pretty tight space we would not do it currently. So, I think as long as they feel like there's more staff coming. I think they'll be okay. And that eight and what did you say is the percentage of load increase. And can you compare that to the percentage of staffing increase from our current staffing with the editing. We anticipate adding eight FTS, one for police one for fire for each of our shifts. So based on the call volume that we saw a little one cost for service was around roughly 35% of what dentin is if you kind of just take that model and try to see kind of the time it was clearly, you know, we'll anticipate over 50% of downtime for each of those a little more for the fire dispatcher than police but you know we definitely anticipate kind of leveraging them during that downtime as well. Okay, thank you and currently how many people in dispatch do we have a 26. Okay, and how many in the answering calls at the same time. So that's kind of a shared duty so what happens we rotate each of the dispatchers per shift. So one will just be call taking one will be on the police channel, while we'll be on the fire channel and then one will do NCIC channel as well. So they rotate per shift just to make sure they're gaining that experience and they don't get kind of you know, not stuck with one channel because you want to make sure they're cross trained and as part of that as well. Give me a second as far as. So we have a four dispatchers and a supervisor on each of the shifts. So we'll be able to add two more. So it'll be six dispatchers and one supervisor on the shift. Okay, and so that that's how that eight will be distributed among the shifts that correct. No, the eight would be two per shift. So to ease to per shift one for police one for fire for little per shift, and we have four dispatchers per shift, city of them. So if you do city of Denton and little will have six dispatchers per shift in a supervisor as well, and the supervisor is also cross trained to take calls as well. And we also provide on call previously if there's any large scale incidents or big events will call in our uncle person is needed as well. Okay, thank you and that's good to know that that will be the distribution. Thank you. Yes. Only question I have is viability. Where's the city attorney. So, I mean obviously we are contracting with them. And if something occurs through a dispatcher that obviously supposed to handle the lamb calls or handles the lamb calls as well city of didn't calls. What happens if there's a dispute or a case that's filed based upon that. Dispatch call the handling of the call, because we have the contract with them or do they have a duty to defend or indemnify or what's what's the liability portion of the interlocal agreement going to look like. And Aaron this is Mac if you want me to weigh in on that. Oh, yes. Okay, maybe great since he's the one drafting the agreement. Yeah, I hear a voice from, from the. Yeah, mayor council this is Mac Ryan one with the city attorney's office. Yeah, as currently drafted little element identifies the city holds us harmless. In addition, the interlocal act actually has a provision in there that we've invoked, which says that if we do any, if there's any civil liability that arises from the services that we're offering to them that little elm will be responsible for those civil liabilities. So that has been put in the agreement as well. Okay. Alright, so we would share those liabilities. So, to the extent that they are in our service to little elm, little elm would have the entire civil liability. Got you. Okay. All right. So they're going to identify if it, if we're if there's a case filed against us for a claim, and it was due to a dispatch that was filed for little elm, then little elm handles that correct. Okay, good. All right. Any other questions comments. So any objections to moving forward with this interlocal agreement Councilmember armature. So I'll say, so I'm okay with moving forward with it I'm, I'm nervous about whether or not I should say I'm nervous that there's a about whether the addition of new staff will alleviate our current dispatch staffing issues which would be wonderful to alleviate that, or if it would exacerbate it. I feel hopeful that it will alleviate the problem. And, like I said, you know, I haven't had enough time to kind of fully survey everybody I need to survey on this. But I'm, I'm approving and nervously approving moving forward, but will be watching closely and hoping for input from from everybody on this. Okay. Okay, so any other comments, staff direction moving forward. Okay, I don't see any other major objections so thank you, Melissa, for that comprehensive presentation. Let's go ahead and take a break it's 256 we'll take about a five or 10 minute break come back to our next session. Welcome everyone back to this meeting of the data and cities council excuse me on September the first 2020. It is 310 310pm we're moving through our work session reports we will move on to work session, item three D, which is received report, hold a discussion and give give staff direction regarding an update of the all walk crosswalk pilot program at the Dent downtown intersections at Oak and Elm, Oak and Locust, Hickory and Elm, and Hickory and Locust. Good afternoon mayor and members of the council Brian John city traffic engineer here to talk about the all walk crosswalk. Let me share my screen. Can everyone see that. Yes, we can. Okay, so a little bit of background. If you'll remember last November we came before council and propose, and all walk crosswalk program around the square. This is the signal operation by which the pedestrians get their own face so the pedestrians and cyclists do not move the same time as the vehicles. We proposed at that time six month trial where we would let the public learn how to operate the crosswalk we would get some feedback. And after that trial period we'd bring it back to counsel with that feedback and ask for guidance on whether or not we wanted to make this a permanent operation, or we wanted to revert to the previous signal operations. So, part of our outreach was a online survey and most of this. Most of the results you'll see today are based on that we did, we did two surveys, the original survey had about 40 respondents. We did some in tune some of the questions and put it out again. We had about 5554 respondents on the second online survey we also did some infield interviews had signal operations staff standing at each location and helping people determine how to make it work and what they had to do because we do require a button activation with this, this particular operation. So we have this is the basically a summary of the feedback. And I was going to go through these very quickly as a pedestrian how safe, or is it as safe or safer, and roughly 95% of the people polled said it was as safe or safer than the previous operation when the vehicles and pedestrians go together. 83%, a little bit different because from a from a driver standpoint. They didn't have as much safety concern as a pedestrian obviously so but again still significant number said, as safe or safer. All modes of transportation cyclists pedestrians and drivers 78% said it was better than before. And then one of the trade offs if you'll remember, in order to provide that separate separate pedestrian phase, we did have to extend the walk times and this does add a little bit of time to the vehicular mode. And because you had to push the button and you can only cross the street when you have the walk sign up and add a little bit of time to the pedestrian mode as well so basically still a three to one in favor of that little bit of extra delay is worth the extra safety that is provided. We also submitted this information to the committee on persons with disabilities in July of the commission of the committee members that were present unanimously in favor, all supported. We also submitted this information presented it to the Traffic Safety Commission in July, and all but one of the commissioners present supported it as well so we then sent out in late August, we sent out a survey to some of our downtown partner agencies responses to date we've got 34 and 33 in favor, one opposed. So again, pretty overwhelming support for the all walk crosswalk. So, I'm going to pause here we did have a, we had a request from the chair of the committee on persons with disability to to maybe tweak the name and call it the all way crosswalk because, as he pointed out, not everybody making that maneuvers is walking. So, we may rebrand that as the all way crosswalk, and in future. So, next steps we have three options. We'll leave the all walk all way crosswalk excuse me all way crosswalk signal timing in place as is option two is the same and add the diagonal crosswalk markings if you'll remember we did not put the extra ramps in or the diagonal markings on the street the road surface because this was a pilot program and we want to spend a lot of capital dollars. So, option three is to reverse the old signal timing, which allows the vehicles and pedestrians to move together because of the responses we received staff recommends retaining the separate pedestrian phase the hallway crosswalk timing and putting together a capital project to go back and add the extra ramps and markings for the diagonal crossings. And that's all I had any questions. So, your staff's recommendation is option to correct. All right. All right, if you. Okay, questions comments. Councilmember Riggs. Hi, Brian, my, my question is and I think someone else asked it before and we've gone back and forth with the, the crosswalks downtown as far as the push button. We didn't have it, and then we had it and then we took it away and now it's, you know, so can you can you speak to that a little bit, and if there is an option to add it back or take it away, what we're thinking about in the future with this all way crosswalk. Right, so for the hallway crosswalk because it's such a significant amount of time. We don't have it. What we call recall so we don't want that we don't want the signal to think that there's somebody waiting there when there's not. So we don't want to, we don't want to run it automated because then as a fixed time mode that's going to take 2627 cycles seconds out of every cycle to give to pedestrian phase when there may not be any pedestrians there so one of the technologies that we are looking at I think briefly before is a passive detection we have to have something that tells the signal that there's somebody waiting to cross. So, there's technology out there and we've talked about this again but the, the passive detection will allow somebody just to walk up to that landing area and it'll automatically detect them if they stay there long enough. So we've got it we're working with a vendor right now to run a test pilot intersection we were going to use Riddell at university, because it's a fairly high pedestrian crossing of university and it's a and it's a big area. We're going to use that there but we, we may consider using that pilot program that will that test intersection and put it at one of the corners of the square to see how that technology works and is it as flawless as the push button. Anytime I say that I still see quite a few people who don't wait they don't push a button they don't wait for a walk they just they come up there's no cars and they cross. So we're always going to have that. But for the signal to display that walk signal. We have to have some kind of an activation so that's what we're looking for this other technology. That's what we use on some of our pedestrian crossings that are the solar powered with the LEDs, and we have some that are push button we have some that are that are passive so we're trying that technology on a traffic signal. It does add some expense. Our rough numbers right now are about $20,000 per intersection to retrofit. That's rack rate so we could probably negotiate a better deal but we don't have a price agreement on these right now so if we want to go out and buy some, it would be about $20,000 expense per location. Okay. All right. Castleman breaks. I want to get my direction. Okay, sure. Yeah, I'm good with going ahead and upgrading and making the ramps accessible and doing the diagonal painting, I think that will help a lot of people realize that they can cross diagonal when those markings are there, and it will just help even make the process that much better. Okay, so option to. Is that correct. Yeah. All right. Okay. Anybody opposed to option to councilmember armature. Okay, anybody opposed. All right, then we'll go ahead and give direction of option to, to move forward with the consistent with the feedback councilmember armature. Yeah, I just wanted to thank staff for that and also to say that I like the idea of calling it the off the all way crosswalk. I don't know how the committee disabilities would like the idea of calling it a cross way. You know, whatever their input is on that. I do want to say that I didn't know I was nervous to open this backup item to see how the results turned out because I was hoping it would work. I was really excited about it but I didn't know, you know, until actually seeing the results are, I'm really thrilled. And just for the record, y'all poo poo this when I originally brought it up till Todd went on vacation. He saw it. Now we all like it. Okay. All right. Fantastic. Okay. Any other questions comments. All right, thank you. We'll move on then to agenda item three E receive report hold the discussion and give staff direction regarding looking forward a master facilities plan for the Denton Public Library. Okay. Okay. Mayor and Council This is Jennifer Becker with the Denton Public Library. And I am here to talk about our master facilities plan. Our facilities plan is a long range 10 year plan for library facilities and building needs to support library services and community needs over a long period of time, it is a different plan from a strategic plan which is our shorter three to five year plan which that that one is focused on our mission priorities and goals in terms of a services and operations. A little bit of history, we are previous library master facilities plan was done in 1999. That was a 20 year growth plan for the library system. That plan was developed before the north branch library was open in 2000. The facility needs assessment was done was developed in 2007 to help the library determine building requirements to accommodate library services and technology and potential facility locations for future branches. That plan was developed prior to the 2009 renovation and expansion of the south branch library. As Denton continues to grow at a rapid pace, we recognized a need for an updated master plan to provide a guideline for our growth and future facility needs. Our library facilities had been expanded or added in the last decade, despite both previous plans recommending a fourth and even a fifth library facility to be built by 2020 to meet growing community needs. As we reviewed benchmarks to determine the need for growth. One of the things we realized was that the state and across the country there's not a national library facility size standard or requirement. Our best practices and recommendations, focus on each that each community is different, and each community should analyze the individual library systems, and what the community community needs the standards for Texas public libraries, developed in 2003, and last revised in 2014, only have one mention of specifics for space, and it's pretty broad it's just have adequate space to meet service operation and storage needs for the facility. So based on that we knew that we needed to develop a new master plan. When we went through, we selected a consultant Godfrey's associates. We met with that consultant to determine the master plan scope and needs gathered peer library comparisons which are included in the master plan. We gathered public input. There's information about that on the right side of the screen, including focus groups community meetings and online survey with almost 350 responses that was up for a month. We also staff input meetings. The focus groups completed an index called I want my library to to help pick their top five service areas and service areas that Denton should not focus on with its library services, and that helped guide the plan. If you wanted to take a look at that index it is found in Appendix three of the master plan. We evaluated Denton's 2030 plan for future growth projections and evolving community needs. And then the master plan was created. So a summary of the recommendations are 35 breaks didn't into three district distinct regions and service areas. This map on the right side has four circles which are 2.5 mile radius service areas. The red circle is North Branch Library, the yellow is Emily Fowler central library, and the green is the current location of South Branch Library. The blue is the recommended fourth branch, which would be in that coal hunter development area on the southwest side of town. The recommendations for this master plan are to have a regional branch based library system with the historical central library, the Emily Fowler central library. They don't recommend a need for a large central library. Those are slowly being phased out across the country as library services and communities have changed for their expectations. Instead, they they recommend regional size branches focused on neighborhood services and those branches would be about thirty three thousand five hundred to four thousand square feet. The specific recommendations were for North Branch just to have some maintenance and technology upgrades. They determined that the facility was sound and large enough to serve that service area that facility is thirty three thousand five hundred square feet. The Emily Fowler central library, the recommendation for that branch was to rebalance our collections. We found that the majority of the materials that check out that are live at that branch actually check out at North and South branches. So we're rebalancing the collections to move them where people are actually using them and move special collections to the second floor. This is a very timely discussion. Emily Fowler central library is in a floodplain and our special collections unit, which has all of the rare and unique items is on the first floor, which we are currently moving. So we always worry about that creek. So that is in our plans to move that to the second floor. The recommendation was also also to move all computers downstairs into one centralized area and create a public conference room that we could use for programming as well as coordinating with local nonprofits and service agencies to provide services. The South branch library was deemed to be too small and difficult to access in the location. It has outgrown its site. This site is less than twenty two thousand square feet. The recommendation was to find another site in the south area of town, but about two miles west somewhere around there and build a larger facility at about forty thousand square feet. There is fire station six right behind South Branch Library. Chief Hedges has said that the department is interested in that facility. If it were to be vacated, this facility and the site could also be sold to recoup some costs if needed. And then a future fourth library location, the southwest branch library that would coincide with the development of that coal hunter ranch. There is land set aside for a large park area, and it would be a co located library and recreation center partnering with Parks Department. We just received some updated projected costs and the costs projected costs in the master plan are now out of date. These are much more current as of this morning. We received these from peak program value LLC. The estimated South Branch cost in today's dollars would be twenty nine. Twenty nine million and projected in about five years would be forty million. And then the southwest branch and in the far, far future, which, of course, we would have a further updated master plan. By that time, there was a long term planning recommendation for a branch in the east side of town. In addition to facility recommendations, there were also some service and staffing recommendations in this master plan. Some of those we have already started on and a few are complete. I've highlighted those with a check mark. The outsourcing cataloging and processing for new library materials. We started earlier this spring, and so we are towards the end of that project, working with our vendors so that items come. We just open the box. We check them in and then they're distributed to the branch where they go. Moving to a single point of service model. This is a staffing efficiency and an improvement in customer service. We are working towards that right now, and the branches are doing some rearranging of furniture for that project. The master plan also recommends a maker space at each regional branch. We currently have a maker space at the north branch, the forge, which we recently received a large grant to expand and refurbish the Emily Fowler central library also has a maker space. The legacy lab currently the south branch does not have 1, but that is a space issue. There's just nowhere to put any additional area at that location. The plan also recommends mobile circulation technology, which is basically an app you could download on your phone so that while you're browsing materials, you can check them out right away. And just on your way out, you place them on the desensitizing pad to remove the security option for those materials. So you just check out while you're browsing. A drive up service window at each regional branch is also recommended. We currently have one at the north branch and it is very popular. We hear from patrons today that they will drive from the south side of town to north branch because they enjoy that convenience. Automated materials handling system. This is a system where items are returned and then they are put on a conveyor belt for automated sorting and bins, which reduces staff time and effort and sorting to prep materials to go back on the shelves. OpenPlus, which is an after hours service system as libraries are being designed and built and is recommended to have an area that can be closed off so that there can be expanded service hours at locations that don't require staffing for service. So you can open a library even earlier for basic things like to use a computer or just to pick up holds. As well as storage room. None of our facilities at this time, all three branches have any storage. So we have things and all sorts of nooks and crannies and we definitely need storage. Staffing recommendations include creating an outreach librarian. The library has made major inroads to reach out to local entities, organizations and schools. And we did that. We created that position from an existing vacancy last year. There was also a recommendation to get some help for our technology librarian as the technology needs for the library have grown. He is one person who is liaising who is our liaison with the technical services department in the city and also helps us with public housing, facing technology assistance. And so we need an assistant year round page staffing pages are our shelters. Normally we just get two pages per branch for eight weeks during the summer. And then eventually a project manager that will assist with large scale system wide projects and help help with those types of activities. We have a plan to you counsel for your review and to discuss your approval of that. Future steps include we are working with the parks department there at the parks is looking at land from a 2014 bond election. That would be green space. They are trying to determine if they will be adding a rec center and if so we could locate a library with that. That is part of their master plan and they are working on that right now to determine the needs. And then future facilities would be recommended as any future bond elections, according to those timelines. And that is all I had for the presentation. Any questions, questions. Sure. Yes, thank you for the presentation. There's a lot here that is that is really exciting and though I'm nervous about the idea of South Branch Library going away. I'm not against the idea of an additional library but I know that it is such a useful location to the people who live there and also people who can just walk from school to the library at the end of the day. So I'd be curious to know what the community feedback has been on that. South Branch is not going away. We just it's recommended to move over a little bit to get it off of that busy road that has accessibility issues and to find a larger site so it would actually be bigger. So, so I should say so would it still be within walking distance of that same the same area. I agree that easily is that's a horrible. That's a street with a lot of pedestrian issues but you know we've already got a school there. So, you know how far away are we looking we're looking at it going. So the recommendation is somewhere within a two within two miles of the current location libraries we love one of our prime things we look for when we're looking for a location is next to a school. So that is a priority on our location list. We don't have a set site right now. So this is all just a plan for the future. But yes, being next to a school is a high priority for us. And thank you and I'm just, I'm still I remain nervous about the idea of the library no longer being right near the schools right there I guess it's that Sam Houston that's right there right. Yeah, yeah, we are looking at other schools and other sites that would be next to other schools. Councilmember breaks. A few questions, as I really like the the north branch how we repurposed an old building. Have we looked into that the cost of repurposing an old building versus building from, from scratch is that something that that we are doing for the libraries. So that is something we would also be interested in so let's say there was a site in the south branch area that we could use that would be so much easier. We do have a few foundation things so grocery stores are perfect for us because they're used to holding heavy steel shelves full of things. So, but yes, that is something we are totally open to. And on the coal hunter library I saw that land was allocated and I can't remember did the developers also contribute any funding to help with that or just land allocations. It's just land allocations. Okay, and then my last question, Mayor if I may on the 2014 bond funds as it is it earmarks for parks and library purchases so either or is that how that's written or is it. If you could kind of clarify that a little bit. The language from the bond election was land for parks acquisition. The intent that what I understand is that there was always a discussion that if there was an opportunity to put a library on that land, depending on how large it was. So, but that is at Council's discretion how that would work. Okay, thank you. Okay. Any other comments questions. Councilmember Meltzer than Mayor Pro Tem. Always love the vision. And, you know, either. We're gonna have to find a new word that means something like literacy and lifelong Learning Center, or just have to understand libraries all different thing that it was, you know, 30 years ago. As far as the bond, but I think if this is something that we want to support moving the library to another location. I would suggest that the sale of that property, that's a pretty good location for something commercial, you know, ought to fund the lion share of that. When I look at that, that parkland acquisition money. I think we should buy that. And you know that that the appropriate space for that is, is rapidly evaporating. So I don't think we ought to confuse those two. Those are my comments. Mayor Pro Tem. You're on mute Mayor Pro Tem. I can't hear you. Okay. Let's see. I'm curious that the plan didn't touch on it. And I don't know if this is the right place for to go with respect to the upcoming day center, and I've been advocating for computers, etc to go in there and and some library functions kind of baked into that center. Is that something that would go in this plan, or is that is that captured somewhere else. If that was agreed upon. Are you talking about the property that we just purchased on the loop for to relocate homelessness initiatives. Yes, sir. It would be something that is we're working through a build out plan on that, getting our architects, ready to go that that would be the time to discuss that. Okay, thank you. And then, I'm curious about Jennifer. Have you seen libraries that have gone to a delivery model that that are have you looked into that at all. Like a home delivery. Correct. I haven't heard. We have, we have a program like that we have several individuals who live in nursing home facilities, and we deliver materials and pick them up there. But I haven't heard of any libraries are doing just straight up delivery type service. One option that I am seeing is almost like a vending machine type kiosk, or unlockers that you can put somewhere in a neighborhood that would be unmanned and just maintained by the library. And, and it would have to be a covered area so inclement weather wouldn't affect it. But that would be a way to get further services closer to specific neighborhoods. Okay, got it. Thank you. And then one last thing I'll point out I'll take your point the two mile radius and I'll point out a couple of things. One, there's an ER center right across the street just up the street from where we're currently located that I'm sure the neighbors would would welcome a conversation to have a library versus the ER, and I'll point out. Using Apple Maps from the current location to the Golden Triangle Mall is 2.1 miles, and there's lots of space in there, lots of parking. And I think that the traffic would would do good so just for what it's worth. All right. Thank you. Councilmember Briggs and Councilmember Armitage. Last question, I had on here, a mobile library because I remember when we talked about this before. And one of our updates it was going to be something that you were, it was a new initiative. Is that still going, do we still have a mobile library. So what we have is it's not so much a bookmobile where we carry materials that you could check out. It's called DPL to go Denton Public Library to go and it's more focused on services. And we, well, during COVID we haven't been. But normally we go out. So for example, we'll go to a rec center and some of the after school kids and we'll do science and literacy based program and activity there, or we go to various nursing homes and we do read alongs or craft activities, or we have one called armchair travel, where we talk about travel and countries and geography. So we have that kind of service. We usually bring along books our friends of the library organization has been fabulous they purchase children's and teen new books, and we give those out. And then if there are additional like new donations that we aren't able to add to the collection because we already have those titles, we bring those for adults, and so we do give out books, but they aren't library books we don't check them out. Okay, thank you for that update. Councilmember Armitage. Yes, I just want to briefly second Councilmember Meltzer's point I wholeheartedly agree that that parks fund parks acquisition funds should be for acquiring parks and libraries are extremely important need. And, you know, shouldn't be, you know, competing with with parks so we definitely need. I definitely support funding our library expansion to meet our needs, but not at the expense of our acquisition so just want to reiterate that. Okay, Councilmember Davis want to chime in and say I like everything I see in the report I think there's some really good observations in there. You know the branch library model as opposed to putting a lot of time and money into a big, big central library. And also, you know, I don't really see the confusion others do between park bond money and library bond money if we buy enough land for a big old park, and there's room on that big old park for a library and some parking. That's the problem that we spent bond money to buy parkland there happens to be a library there as well. Okay. All right, what I'm hearing is to move forward with the plan. And until if I see, I don't see any objections to that. Appreciate everybody's comments. Thank you so much, Jennifer for the presentation and just for the thought, the thoughtfulness and intentionality in which you all have put together, put together your plan. Thank you so much for that. Thank you. All right. We'll move on to our next agenda item which is agenda item three F, receive a report hold the discussion and give staff direction regarding risk level five of the mosquito serve surveillance and response plan of the city of Denton. What is it? Yes. Okay. Good afternoon. Council Commission Deborah Vera with environmental services. Before you there is a consideration for a resolution that will allow the ground based application mosquitoes for controlling. Was that virus the resolution if approved, I will enable staff to spread as needed based on human cases for the entirety of the season. I just to give you an overview of where we are where we have been. At the start of this season that was at the beginning of June, we started at enhanced level response that means our risk level to a two weeks after, because we have our first positive mosquito trap, we increased to level three of public health concerns. Almost a week later, we got multiple mosquito traps in that prompt us to reach level for a month or so after reaching level for we got our first positive human case that the Denton County Public Health Department notified the city about in a week or so after that, we got our second human case. Within a week or so interval that second human case have prompt the city to actually increase the level to reach level five and that's where we are. The risk level five is the highest risk level in our program and that's where we will stay until the end of this season. Just to give you a brief summary of what the mosquito surveillance response plan is, it was first enacted back in 2002 because it was a response to West Nile virus among the residents, and it was a way to try to prevent or control the spread of the West Nile virus. That means that the plan was very specific for West Nile virus and not as a means to control mosquito nuisances. The plan was and still is very specific on targeting to mosquito species we are known for being vectors of carrier of the West Nile virus to the human population. The plan have five levels. Each one having specific conditions triggers recommended responses and control measures, and all those we use the activity that we see on our mosquito traps and the positive human cases as a way to know if we have reached any of the triggers and move from one risk level to the other. Just a quick overview of what the different risk levels are. It goes from one to five, and what is interesting to see is the emphasis because the plan is very progressional. We start with source reduction, that means producing our potential breeding grounds. From that, we start adding larvariciding activities, and we keep emphasizing both source reduction and larvariciding and increasing the level of it throughout risk levels two, three, and four. It is only at level five when we introduce the idea of the option of adult deciding which is commonly known as spraying, and at that level we are required to bring that option to you for guidance on the implementation of it. Just a quick overview of what the West Nile virus transmission cycle looks like. Pretty much birds are the reservoirs of the virus, and they are transmitted and they can pass that virus to the mosquitoes and mosquitoes back to birds back and forth. Through the mosquito is how that gets into humans and large mammals. The goal when we are trying to curtail or control the spread of the virus is just to break that cycle between birds and mosquitoes by knocking off the mosquito population. So, as I mentioned, we use three approaches for reducing mosquitoes. The first one is the source reduction. The second one is larvariciding, which is a target, a stage of the life cycle of the mosquito when it is aquatic, and we apply either chemical or biological, or we could apply biological or chemical agents. The city of Denton chooses to use BTI, which is a bacterium, normally occurring on soil that is very specific to mosquitoes and doesn't affect other aquatic organisms, and we apply those in all public areas, parks included, where we have open channels. We also provide free BTI to any residents of Denton. We have two locations where residents can go and get free BTI from us. The other stage where we target is when the mosquitoes are considered adult and capable of flying, and that's where the spraying comes in. The goal is to, when we're spraying, what we're trying to obtain or attain is the interruption of the viral transmission to humans by reducing the amount of mosquito population. We are very specific. We are looking into the species Culex and Aedes, which are the two common species that are transmitters of West Alvarius. In the past, we have used DUED, which is a synthetic pyrethroid pesticide. The last time that we used that was in 2012. It has been over almost eight years since last time we sprayed. Finally, this year, we are proposing to use Merus 3.0. It is a pyrethrin, and it's derived from chrysanthemum, so it's considered organic and could be used in any organic farming. On the next slide, we will have more information about Merus. We will apply that pesticide through a ultra-low volume equipment. That means that it makes a very fine mist out of the pesticide as droplets, and then put it in the atmosphere. All applications will be done by a licensed applicator and will be subject to applicable state and regulations, including the MSRP. Delving more into what Merus is, Merus meets the standards for the United States Department of Agriculture for natural organic programs and also meets the standard for the Organic Material Review Institute, meaning that they can be used around organic gardens and farming. It also can be used in organic production or processing and does not contain any petroleum distillates. Just a quick overview of risk level five, which is the current level that we are in. At this level, we consider that there is a human outbreak, and it has been confirmed by the two human cases that we have had. And interesting enough, those two cases happen in a very short time frame. It was just one week between the two positive. During that risk level, we will increase our public information and education levels, and we will be increasing more larval siding. The resolution will be brought to council, and that's what we are doing tonight for considering spraying during the remainder of the season. The ultra-low volume applications will be done through close proximity to any future human cases, either the current ones and also anything that happens in the future. We will be notifying any residents within spraying areas prior to the application. We will use, for that purpose, we will use public media, robot calls. We will install signage at the main ingress and egress points of a neighborhood, and we will also notify registered beekeepers and beekeepers association about the spraying. We spray during the night, which is the time that the bees are less active and could be covered. So by doing that, we are adding an additional layer of protection to the bees. I just wanted to point it out that in the event that the county or the state issues a health emergency or declares a health emergency due to West Nile virus, the recommended responses of those declaration will supersede the city of Denton response plan. Just for avoiding any type of over spraying, we are not going to spray in any areas where the onset of the symptoms has been before the spray have happened. Or if through our research through the Denton County Public Health Department is determined that the person acquired the disease before outside Denton. So those are the two conditions that we will be following to try to minimize the spray events as possible. And if the resolution is approved, all the conditions spell out in the MSRP will be followed in regards to temperatures to when to distances and so on. So we have a very detailed roadmap on the map on how to do those applications. Before you is an area that based on the latest human case. The staff is recommending the spring. It is bound along the west, south and east by Teasley Lane and north of I 35 East, it encompasses approximately 463 acres and around 1038 parcels. At this point, staff is recommending the approval of a resolution that will authorize the ground based application of mosquito adulticides throughout the remainder of the season and staff is available to answer any questions that you might have. Mayor, I think that you're muted. Councilmember Briggs and Councilmember Meltzer. Okay, thank you, Mayor. Couple questions. So you did say that the bees owners would be notified to be covered. What about those that that are just natural that are out. I know that I've seen several active lately. What if they aren't in hives that are owned to be covered. What, what can we expect from that type of situation by doing the applications during the night. That's produces the chances for the bees to actually be exposed to the spring. Okay. But they still could be affected. Yeah, the the the label on the pesticide recommends the application to to be done when the bees are are not are not foraging that means that they are in the evening hours and that's what we will be doing. So, we will try to. That's what we do we we spray during the middle of the night. Are there any other health risk to humans, I mean, besides the, the West not mean from the spring. Well, the there, if, if the, if the person is spraying and, you know, is present during the the sprain. It could be. What is the word that they use I'm sorry I'm trying to to to use to pinpoint the word that the label says it could create reactions to humans, especially if they are sensitive to that. So, one of the things that we emphasize is, we emphasize during the notification is to make sure that you are inside during those those hours. We do the spring during the late hour so there's a less amount of people who will be exposed to, even if you have pets to please bring those with you just to minimize any type of reaction so we take all those steps as a part of the notification process that we do. Okay. Does this, I guess, does this comply with our IPM, the spray that we're using, does it fit within that IPM. Well, the, the, the most the spring from mosquito is not covered by the IPM because the IPM is for the management of city property. In this case we will be spraying from the public right away into private property so it's not within the come to the grounds or the come or the umbrella of the IPM. The IPM stresses the use of organic pesticides, and in that, in that regards, the use of mirrors will align with the IPM precepts. Okay. Just one more follow up. Sure. So I, I, so that I saw the section of the city that is going to be sprayed. And in that does that mean that that's where the. The infections occurred. And it will that be the only place sprayed until another infection is discovered and then you will determine what other area, and this approval of the resolution just allows for that to happen without coming back each time. Well, that's a multiple question so I'm going to take one step at a time. Yes, the area that we are proposing is in the one of the human cases were in close proximity, and that's why we are using that area. We are not allowed, we don't even know the exact location of the person. So we, we kind of tried to cast a very broad net to try to encompass as much as possible. In regards to coming back to council, every time these resolution would allow us to do spraying as needed as new human cases happens. So what we have been doing and this is something that we did back in 2012 is, we will notify it will send weekly reports as a part of the Friday report, just giving you an status. If we have got any other new positive what the plans are, what they have been spray, and it will show a location. So in that way you will be kept up to par of how we are working on the on the spring. And I think that I forget the second question so if you can repeat that to me I don't want to not answer your questions. I think that that's pretty much it. My only last question would be just an individual have a right to refuse. What if somebody says I don't want, I don't want spraying in my area. What happens then. Well, in the past, that's the opt in opt out option in the past, we have not done that because it diminishes the effectiveness of the treatment especially when we are trying to do for for for health concerns for the spread of the virus. Basically speaking, we, we could, it will be very logistically cumbersome because you will have to stop, and then you have a possibility where you have one owner who say yes one owners who said no, then to more lots of them say yes and so on so that on and off. It makes the process, less effective when it comes down to reduce the mosquito population that that's what we're trying to attain. Okay, Councilmember armature Meltzer did customer Meltzer were you. Did you have any. Okay, Councilmember armature. Yes, so I'm concerned about West Nile, and I'm also concerned about, you know, as with any, any treatment. You know what what the pros are and what the cons are as far as human health and the environment so I'm weighing all these things. And I'm wondering, can you speak to what time of day, generally, is the most dangerous time to go out for for mosquitoes if one wanted to just one's own behavior I'm trying to assess here and then when is the risk highest. Okay, yes, as a part of our personal protection campaign, we recommend people to stay inside during the dusk and done hours, and the reason is because at those hours is where this two species of mosquitoes that we are most concerned about are more active. So, so if you are reduces your your your exposure and then you're reducing your chances to be bitten. The other thing that we that we emphasize is, if you are outdoor exercising the mosquito sees you through the co2 that you excel. So if you happen to be very active in engage in those hours when they're also very active out there that increases the chances so if you are mindful about the time of the of the of the day that you are exercising. I think that that reduces your chances. The other thing that needs to be considered is the use of spray bath, that it will reduce the chances to be bitten, and also to use long sleeve long pants to reduce those chances as well so it's a combination of techniques techniques and strategies that you can implement yourself to decrease your chances of the bitten, and maybe a half hours that virus. Thank you and so which is more effective. The use of topical self applied mosquito repellent organic or otherwise, versus the mass spraying as far as from an individual level, preventing individuals from being being bitten, and can you also speak about the effectiveness. I just hate to interrupt something's happening with your audio I'm not sure what it is but it's, it's sort of. I'm not sure if you have a good we can hear you but there's a lot of cracking a lot of sort of fading so I don't know if there's anything you can do on that but I just wanted to let you know about that. Okay, okay, thank you. Is this still the same issue is it okay now. Yeah, we'll power through it we can understand you if we could just, you know, get the questions pretty succinct so that she'd get them answered but yeah we can hear you. You can hear me okay thank you. So I'll try to, I don't know hold my computer still and there's a storm has stopped around where I am. But anyway, at least the rain has stopped coming down. And so, with this part of my question was just in turn if you could speak to the effectiveness of spraying. The effect of the population. Does it kill and effectiveness in preventing. Well, I think that at this point is a combination of both techniques. And when you have control over the, the application of spray bugs and things like that. I think that you have a greater control on that, however, that doesn't mean that, for example, if you happen to be outside for a long period of time, and you can reapply, or by any chance you you know you, you forgot to to spray your arm or any other parts, and you get bitten. I think that that's where the spraying and elimination of the mosquito population will help and will complement each other. I don't think that is one or the other. It is just a combination of strategies that will allow for the for the control or reduction of the, of the was our virus in the human population. Okay. All right. Any other comments questions. Councilmember Briggs. Thank you Mayor I apologize I have just a couple more in the discussion. I'm curious because I looked on the map and I see that South Lakes Park is just across the street. I know that's a really large open area park it's not within the boundary. How hard does this break carry over, and will it affect the water quality of the ponds and or any kind of water quality or air quality nearby. The other aspects that that needs to be considered is how long, how long it takes for those chemicals to degrade naturally. Okay, this is not a chemical that is going to be pervasive or will stay in the environment for a long period of time. So, many of those chemicals with the sunlight start degrading, and they have a half life very short. So, what we're trying to do is to spray during the night. Try to reduce people's been exposed and be able to knock off that population. First, in that way we have a break to to recover. The other aspects that we need to consider is, like today, all this rain, hopefully will flush out many of our larvae. So, natural events like today in combination with that. Those are the things that it will help us finish the season with less cases. So, it is hard to tell you what, how effective we are going to be. It is a combination of strategies that we need to apply to implement and to be able to modify according to how the season progresses and how the weather progresses. The other thing that we need to be very mindful is that was not virus is very, very weather dependent is not only dependent on the current weather but also the how winters are. We kind of is a legacy issue that we start kind of building up through the winter, spring, and now summer. So, we, the plan is to be very flexible to be able to adapt, according to how the weather conditions and the season progresses and unfolds. Okay, thank you. So it is your recommendation and the environmental services to spray this area. Correct. Thank you. Okay. Anybody else, Councilmember Armitage, real quick, we'll get out of, we'll take direction. Yeah, finally, so you know I'm inclined to give direction against it because I'm not seeing the effectiveness of this part of the combination that you're talking about. And I'm wondering if you could speak to the, you know, why it's considered safe, if people need to go inside, while it's being applied, and what happens, you know when people, people who don't get that message. And, you know, wildlife that's outside, and also is there a concern about giving a false sense of security, you know that this, this kind of strange. The. Sorry. Yes, the, the, the combination of strategies. It gives you the, the, the most possibilities to be able to control the disease. And if not, by, by the nature of spraying during the night hours late during the night hours, that reduces the chance of people to be exposed. So that, that eliminates that, or at least significantly reduces. Like any other chemicals. It will not be our recommendation to dose yourself or be present while the spray is happening and that's why we give you ample of notifications about the hours that that is going to happen. However, I think that we have to strike a balance between those risks and having the risk of the West now can cases to continue increases. So, at this point we are managing risk. And so I just wanted to bring that to your attention that at this point what we are trying to do is to to control the spread of the of the disease, for the sake of the health of the residence of them. Okay. All right. Okay, outside of county councilmember armature you still not giving direction, you're still saying direction is not to do this is that your position. Okay, I think she's. We've lost I think a temporary connection with her but I think that's what she expressed. So, anyone else objecting to this. Before we give staff direction. Councilmember breaks. Yeah, no, I'm, I'm concerned but I'm not objecting because I know that there's some individuals who are very sick right now. And if this is going to be a little preventive to eliminate anyone else from being really sick. Then I think we should try it but I am concerned about the environmental aspects of it, but I do appreciate going to a, a different form of spraying or different chemicals so one thing I wanted to ask is, because I know it's private information about people who have been exposed or who have contracted West now. Is there any way to within the law to narrow down the scope a little bit I mean that's just a very large area. And so is there any way that we were able, not just in this situation but in situations moving forward to narrow that scope a little bit. And I will defer that question to Kenneth banks. Okay. Afternoon mayor. Good afternoon members. The area that we're looking at is based on the flight distance of the mosquito. And so this mosquito can roughly fly at a maximum area of about one mile. And so that's what we generally look at when we're trying to do the area where we're wanting to be sure that we encompass all of the area in its entirety kind of roughly centered on where the human case occurred. Okay, well I knew you would have an answer and I remember that statistic many years ago when we had a presentation on West Nile and and there is there is a science to the, to the process so okay, I appreciate that that answers my question. Thank you. Thank you, Dr banks. All right, so I'm not seeing any other objections so I think from the purpose of, at least from city council outside of one, the directions move forward, you know we certainly want this to be the last resort we understand also the human risk involved in that people can be very sick and people can die from this disease. And it's just a matter of balancing all those interests and I think we need to move forward with this so thank you so much for that and thank you colleagues for your input on that. All right, we'll move on to our last work session agenda item. And I believe it was Councilmember armature so we're going to need to get her back. So let's take, let's take five minutes and come back and we'll wrap this one up, make sure we can get her back on. All right, so we welcome everyone to this meeting of the Denton City Council coming back from break. We are on our last agenda item of the work session, which is agenda item three G, receive a report and hold a discussion and get staff direction on pending City Council requests, and this is ID 20 dash 1201. Good afternoon Mayor and Council, Stuart bird's eye assistant to the city manager. And just for review for anybody who's watching for the first time, Councilmember can make a request. It takes over two staff hours or as a policy decision, then they have one minute to describe and justify their request here. The remaining elected officials will then have up to one minute to provide feedback and indicate their support for use of staff time to respond to this request and staff will respond to all requests, where a consensus of council is established. We have one that will be reviewing this comes from Councilmember arm and tour, and it's repealing the prohibition on sleeping in cars. Just for background information, these code section that Councilmember arm and tour sites here is part of the property maintenance code and would fall to community improvement services over the to enforce over the past five years. We have not issued any citations or summons for these violations. So I will. So, if we could, I've just got a real quick question about the staff presentation, and I think we need to pull it down but there's a sentence right after the quoting of that ordinance where it says homeless network is that staff's commentary was that submitted by Councilmember arm and tour. That was submitted by Councilmember. Okay, I just want to make sure that we have a clarification. Okay, so we'll, I'm keeping time and Councilmember arm and tour when you start speaking, I will hit start and you will have one minute. Before we start, I'm fixing to lose battery. So if somebody could keep the time for me, that would be great. Somebody could staff maybe keep the time on that. I'm fixing to lose. I can pull that up really quickly. Okay. If I don't lose battery to all right. And we are. Thank you, Stuart. Thank you. So, I understand that people are not receiving citations and being put in jail for sleeping in their cars. However, laws like this, as the Texas homework network acknowledges are used in a way that is oppressive to people experiencing homelessness people are reminded of the law and told to move along. And that is why, especially if we don't enforce it. I am not seeing the use of this law. It states that it is unlawful to use a vehicle for living or sleeping quarters, or for the storage of trash debris or personal property not normally associated with the vehicle that does not have a home that is unfortunately, in many cases the safest alternative under COVID with our shelters. Was that the time that is the time. Yeah. Okay. Thank you. All right. Yeah. Councilmember Meltzer, if you'll wait until Stuart gives you the start. We're good to go. Yeah, I appreciate the spirit in which this is brought forward answers to my questions from staff were that it is not a violation of the Denton City Code to sleep in one's own car. There's nothing in state criminal law that penalizes one for simply sleeping in their car. So, I'm interested to hear if others here. There's something else to address but I think as it was expressed to us. I don't think there's a need for a work session on this. Okay. Anyone else. Councilmember breaks. Yeah, I am. I'm a little concerned because I know that we talked about about codes before and hearing that there wasn't a criminal law or state law that penalizes sleeping in the car. I know it's not a police issue and no one's going to jail and there hasn't been a citation for it. But the reason it's in there is to keep people from living out of RVs and driveways and I know that we had an issue once with people dispersing gray water into our storm systems and and to the streets and so I'm not sure. Okay. All right. Anyone else. Okay, doesn't seem like that the request garnered the necessary support to move to a work session. So if we that will conclude our work session items, we will now convene the closed session at 434 pursuant to Texas Government Code section 551.072, which is deliberations regarding real property and deliberations or consultations with attorneys under Texas Government Code section 551.071. If we could get the room situated for closed session and those that aren't necessary for the discussion if they could please excuse themselves. Thank you. Welcome everyone to this meeting of the Denton City Council on September the 1st 2020. It is 635 p.m. We do have a quorum so I'll call this meeting to order. The item on the agenda is the pledge to the US and Texas flag and stand with me if you're able. 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 will now pledge the Texas flag. I pledge allegiance to the Texas one state under God, one and indivisible. Our next item is proclamations and presentations. We have a Live United Month proclamation for United Way of Denton County. And is Gary going to be on camera here? Mr. Henderson, how are you doing? Thank you so much. Sure. Just to share, take a couple of moments and just share with us a little bit about what Live United Month is here in Denton County. Well, we set aside the month of September to highlight the fact that we want to see the entire county, especially our friends in the city of Denton. Make an effort to Live United, celebrate our nonprofit community, celebrate the great work we all do together with our cities, our nonprofits, and our businesses. This year is awfully special for us, though. It was really this city council back in March that established our relief fund for eviction prevention when we were at the very beginning of COVID-19. I'm so proud to say to this council, your leadership has enabled a partnership with organizations like Packard Foundation, Peterbilt's parent company, as well as Denton County Commissioner's Court and their CARES Act funds. To date, 1,574 households across Denton County have received assistance keeping them in their homes, rent, mortgage, utility assistance. For you all, that's 500, over 500 households here in Denton that have received relief. Our passion, along with yours, is that no one lose their housing, no one become homeless as a result of COVID-19. So from all of us at United Way of Denton County, our board of directors, our donors, our volunteers, interns, and finally our staff, we thank you so much for your partnership and we thank you for this proclamation tonight. Thank you, Gary. I will read the proclamation at this moment and then if there's any comments from council members, we'll take those upon that and then I'll come in there, Gary, and join you for a photo. Whereas United Way of Denton County has been identifying Denton County's needs and responding to them for over 65 years, and whereas United Way of Denton County is unparalleled in the power to convene partners, providers, and resources to address the needs of neighbors in crisis. Whereas United Way of Denton County works with a network of nonprofits across Denton County to address needs, including feeding those who face food insecurity, preparing children for success in school, work, and life, and connecting those in crisis with resources to pay bills and stay in their homes. And whereas United Way of Denton County is committed this year more than ever before to bringing people together to help our communities recover and thrive. Whereas United Way of Denton County continues to improve and transform lives across Denton County. Therefore I, Chris Watts, Mayor of the City of Denton, Texas, do hereby declare and proclaim the month of September 2020 as Live United Month and ask you to join United Way of Denton County Board, donors, volunteers, and partners in calling on all residents of the City of Denton to live united. Thank you, Gary, so much for your leadership over the years, especially during these very challenging times. I think it just goes to show the resiliency of our community and our Denton County family to really help those in need. So thank you. Thank you very much. Councilmember Briggs. Thank you, Mayor. Hi, I just want to say thank you so much for all that you are doing for our community and the surrounding Denton communities. United Way is a very special organization, but I believe you make it even that more special with your advocacy and, and your heart. So I thank you for that. Thank you. Anybody else. All right, if we'll just give me a moment of pause. I'm going to come take a picture with Mr. Henderson and I will be right back. Okay, our next item on the agenda is presentation from members of the public. Review of procedures for addressing the City Council. We have not been doing these. So we'll move right on to pre-registration. We have a caller on the pre-registration, Taisha Scott, regarding Census 2020 count, working together to shape our future. And the caller will join us here soon. Good evening, caller. Are you with us? Yes, I am. Well, good, good evening. This is Chris Watts, Mayor, and you're on the presentation from members of the public portion of our agenda. And once you state your name and your address, we'll start your four minutes. Thank you, Mr. Mayor. This is Taisha Scott. My address is 9121 Waterman Drive, Providence Village. Yes, you can be. I'll go really fast. And I am the Chairwoman of the Denton Counts 2020 Committee. And I wanted to start off by saying thank you, Mr. Mayor, and the council members for your continued support over this long census. And for sure, none of us expected it to be like it was. And at this point, we've been working really hard to make sure that everybody in the City of Denton is counted. But what we wanted to do at this point, we have till September 30th to make sure that everyone is counted. And the response rate for the City of Denton is currently 63.7%. And so as we know, that's $1,500 per individual. So what we know then is that that's just under 40% that we wouldn't get funding for. And that would heavily affect us for the next 10 years. And I feel like it's in the best interest of everybody in the City of Denton to ensure that everyone is counted here. The City did take a major blow with COVID because we lost a large population in the students. They were gone by April 1st. So they weren't counted. But we know that they'll be back because they're back now. And they're going to be there for every year in the future. But we won't get the funding that that would have brought. So we want to make sure that we get an accurate count for everyone that was here on April 1st. So one of the ways that we want to do that is we want to do it a little different and show people how Denton does it. So we actually want to have a census caravan. So on September 12th, the members of the Denton Counts 2020 and a couple of different organizations and churches throughout the community, we're going to come together with the Census Bureau and literally have a traveling census caravan that will be going to the populations that we know are undercounted. So we have four tracts listed. We have Tract 208. I mean, you all can pull this up on the Census Bureau. But Tract 208, Tract 210, Tract 211, and Tract 213 are all at under 50 percent counted right now. And we're all over 50 in the 2010 census. So right now we have with as low as 40.3 percent and 49 percent in Tract 208 and 40.3 in Tract 213. So we just want to go through, make sure that we get absolutely everybody counted. And we also wanted to see if the city council members and the mayor would be willing to show their support. And I believe that our city manager might have it as well. But in your packet, you actually got a "I counted" form there. We were just wondering if you all would be willing to hold that up so we can show that everybody counts, including you all. So honestly, that's what I have. And I just I wish that you all would take it back to your constituents and let them know the importance of being counted. And the message is if you live here, you count here. If you were here on April 1st, you count here. All right. Well, thank you so much. I think we might have a question or two from the council members. So Council Member Briggs, you had a comment or question? I wanted to thank the census chair for all the work that you've done in the community to get the information out. I've seen you at several events speaking, and I appreciate your work to help our community get the funding we need. I at one point saw a list of cities, and Denton was kind of far down on the list as far as responses. You know, did we move up any in that percentage? We actually did. I'm sorry. We actually did move up. We were at, so the state of Texas right now is at 60.4 percent. And right now, Denton did move up to 63.7. So we are moving up. Thank you. Fantastic. Do you know, Tiesha, what the number of people that that percentage may represent that still has not responded approximately? So, Mr. Mayor, I live in Providence Village, but I'm from Georgia. Mass is not my strong suit. But in all honesty, if we look at the population of the city of Denton, and we can see that, you know, 40 percent, and knowing that that doesn't necessarily include everybody that would normally be included in the population. But that's just about what they go by. So the population of the city of Denton. But I'll get those firm numbers to you. Well, doing a quick, I mean, I just estimate the population of the city about 140, 140,000 and 40 percent of that's 56,000 people. So if you're talking about 56,000 people at even just a thousand dollars each person. Oh man, what is that? 56 million, 56 million. So it's imperative that people continue to be counted and to sign up and sign up for the census. So I really appreciate you taking your time to to come speak with us tonight and with the census caravan, because your work is invaluable. I mean, you do great work. And what we need to do is just really continue to get that final push, because that's a lot of money that our state and our city and our county could miss out on. So thank you so much. Any more comments from you before we before we go? Well, I just want to say again, thank you. And that is correct. I think that people need to realize is that an undercount just right now would affect us for the next 10 years and knowing the population growth that the city and the county are expecting that would be detrimental to to to us as a as a region. So it's absolutely beneficial for the growth of the community that we ensure that everybody is counted. Okay, Councilmember Meltzer, did you have a comment? Well, yeah, just to add to the quick math at fifteen hundred a piece, it comes to something like 80 million dollars, which is like two thirds of the city's entire general fund. So that's that's really worth going for. So, you know, by any stretch, you haven't participated and you're hearing this. Come on board. Okay, great. All right. Thank you again. Thank you so much for your work and helping us get the funding that the city is entitled to and making sure that everybody's counted. Thank you. Thank you very much. All right, I believe we have I believe that's the end of our at least registered public speakers. We do have one open mic speaker, I believe. And once the individual gets on the line, we will start the time. Yes, call. Are you on the line? Yes, sir. All right. You're with the Dent City Council on the open mic portion of our citizens report. Once you state your name and address, you will have four minutes to speak. And because it's open mic, the council is unable to enter into dialogue, except for certain exceptions within the state statute. Are we going to know what those exceptions are so we can get the question asked or not or that's just going to well, they're not. They're not questions. They're just statements of policy or fact, and they wouldn't be addressed to you necessarily. They would just be comments. Okay. Okay. So this is John Homan seven six two zero seven. One thing we're focused on right now is our health and a huge lesson we're forced to learn right now is how dependent we are on our environment to keep us healthy. This chemistry will save us attitude has failed and made us more sick. I'm calling tonight to speak about the simply sustainable plan. If I get in and also the spraying of mosquito spray all over didn't well or in the one mile radius, but it could expand. And we're approving it to be sprayed on a bunch of bunch of houses and a bunch of bunch of people and their children. So Dr. David Pimentel, a professor of entomology of Cornell University in the Journal of Agriculture and Environmental Ethics estimates that less than point zero zero zero one percent of ultra low volume pesticide sprays reach target insects. The pesticide remains in the environment where it can have detrimental effects on public health and ecosystem. So we might have better odds. This is unquote and just old home and talking. We might have better odds of hiring a few people to go around swinging Whipple ball bats to get these mosquitoes knocked out. Hey, if it made sense, I'd be behind it. The pesticide that y'all are voting to approve tonight. If you do spraying all over the dentinites, including their children and expectant mothers, expectant mothers are always important is piperonil butoxide, which the official Journal of American Academy of Pediatrics says, quote, prenatal exposure to piperonil butoxide was negatively associated with 36 months neurodevelopment that coincides with the who calling it a neurotoxin. We're basically spraying poisons everywhere and we're getting very little benefit out of it, especially when you consider that less than one percent of those infected with West Nile virus will develop severe illness. According to the CDC, the vast majority of people, about 80 percent who become infected with West Nile virus will show no symptoms and never become sick. Some 20 percent may experience mild flu like symptoms within three to 15 days. So we're going to risk that our children's neurological health for something like that. I just want this stuff to get weighed a little more. I just think that our environment needs to get a little more priority around here, you know, in the city and in city hall and just take a pause. That's all I'm asking for. Let's look at it again. If it's true, what I said that it's point 0001 percent chance of hitting the target. If you know, if you guys knew that during the work session today, maybe people give it a second thought. The sustainable didn't simply sustainable didn't plan. It doesn't talk much at all about food diversion. Food is the number one input into our landfill. And of course, waste departments wanting to expand our landfill. But yet the city won't allow a business to pick up people's food scraps at their houses. And of course, the city doesn't do it either. So the number one waste we produce is just just going on like normal. And there's no mention of it. It's simply stable plan, which tells you that the plan might need revisiting or more input the air quality section of the plan. There's zero mention of drawdown. That's where your vegetation scrubs your air and cleans it right. That's it can't come up with a machine to clean our air and we can reduce as much as we can. We look at how successful that is. But we have a lot of control over all the vegetation that we could add around here. We could become an example to others like many other cities and clean our own air and actually save ourselves money by increasing vegetative growth and extending the growing season through healthy soils, which I've also spoken about. I'll probably get cut off here in a second. Yeah. And then if you're killing every insect that you come across, which is what the ad for these chemicals that were spraying does, the ad says it'll kill every insect it touches on contact. I hope it doesn't get sprayed by Shiloh Field Garden, who's produced over 30,000 pounds of food. Mr. Holman marginalized people. Yeah, that's your time. Thank you, sir. Any questions? No, no. Thank you, sir. Can't do it. Can't do it. All right. Yep. All right. That was concludes our Yes, Councilmember Briggs. Mayor, I have a process question. The item regarding the spraying is still in the consent agenda item and didn't get pulled earlier. But if we had a question regarding that, is it too late? I don't believe so. Mr. City Attorney, can that can that be pulled just for a question and then taken as a separate vote? I presume we can do that at any time before the items called and voted on. That is correct, Mayor. Okay. Yep. Would you like to pull that Councilmember Briggs? Yes. Yes, sir. I would like staff to address the the pregnant the pregnancy risk to the to the baby from spraying this. Are you talking about the specific chemical pesticide that was referred to as in this spring that would create that type of potential risk is that contained in the insecticide that we're spraying, I guess. Yes, sir. Yeah. Okay. All right. And what what agenda item is that? Anybody know off the top? Here it is. It's P. All right. So we're gonna we're gonna pull P. All right. So, okay. We've concluded our public portion comment will now move on to the consent agenda. What I'm understanding is consent agenda C, D, I believe is O and P are being pulled. So Chair would entertain action on the consent agenda. Councilmember Ryan. Move approval of the consent agenda, with the exceptions of items C, D, O and P. Okay. Do I have a second? Councilmember Meltzer? I will second. All right, we have a motion and a second. Councilmember Ryan, I'm just gonna I've got to just say it because I'm going to keep smiling. I can always tell when you're going to make a motion because you just I just can tell by the look on your face. So don't ever try to not make one and make one. So I'm just I'm just giving you a hard time. Okay, so I didn't appreciate that. Okay, we got a motion by Councilmember Ryan and then I believe it was a second by Councilmember Meltzer. Is that correct? And we're for approval of the consent agenda. Save for we're pulling agenda item C, which is ID 20-1598. Item D, which is 20-1643. Item O, which is ID 20-1734 and P, which is ID 20-1742. We will now pull the council. Councilmember Ryan, how do you say? Aye. Councilmember Meltzer? Aye. Councilmember Riggs? Yes. Councilmember Davis? Aye. Councilmember Armitter? Yes. Mayor Pro Tem? Aye. Mayor Watz has an aye. The motion carries 7-0. We will now take up the pulled consent agenda items for items for individual consideration. Agenda item 4C. Consider adoption of an ordinance of the City of Denton authorizing the city manager or his designee to execute a memorandum of understanding with Denton County Mental Health and Mental Retardation Center related to a grant award to MHMR from the Substance Abuse and Mental Health Services Administration. Do we have a presentation on that? I think somebody was wanting a presentation. Yeah, we have Lisa Hall here, so she's getting set up. Good evening, Mayor and councilmembers. I am Elisa Hall. I'm a sergeant in Denton Police Department. I am over the newly formed mental health division. Tonight I'll be talking about the SAMHSA COVID-19 emergency response for suicide prevention grant. Brittany Waymack from MHMR should be on the line as well. She is the administrator of mental health and crisis services for MHMR. So the purpose of the program is to support communities during the COVID-19 pandemic and advancing efforts to prevent suicide and suicide attempts. According to the program, suicide is the tenth leading cause of death in our nation, and it is believed that the pandemic will contribute to the growth in number of Americans needing urgent care to address mental health needs. The program has several requirements for MHMR, but there are two that are specific in the collaboration with Denton Police Department. The first one is to develop and implement a plan for rapid follow-up of adults who have attempted suicide or experienced a suicidal crisis after discharge from emergency departments and inpatient psych facilities. The second one is to provide or assure provision of suicide prevention training to community and clinical service providers. This training will include assessment of suicide risk, protective factors, use of best practice interventions to ensure safety, treatment of suicide risk, and follow-up to ensure continuity of care. Now, these requirements will be implemented first through MHMR giving the Police Department six iPads. There will be one for each of the four shifts and then two additional that we can utilize as needed, such as in the gel or a supervisor can keep a second one on their shift if it's needed. MCOT, which is the Mobile Crisis Outreach Team for MHMR, will complete the crisis assessment via the iPad, and then follow-up will occur within 24 hours for that individual. The training component, it'll touch on all of those things that I just mentioned about protective factors, best practice interventions, and that will be provided to our patrol officers. This consists of two evidence-based trainings, the Living Works Applied Suicide Intervention Skills Training, which is also called ASSIST, and the National Council for Behavioral Health Mental Health First Aid Training. There are several benefits that this will bring to the city. First and foremost, we're going to have this critical training for our officers, and they'll be trained in the suicide prevention response and have a better understanding of crisis interventions. The individual that is in crisis will have instant access to a crisis counselor for screening. This will help in quicker resolution of crisis calls. The Mobile Crisis Outreach Team for MHMR is servicing the entire county, and with the limited number that they have for the entire county, sometimes there is a delay in response. So having this iPad available will help to resolve these incidents a lot quicker. There will also be improved communication. Sometimes what a person is meaning or communicating can be lost in the phone conversation, but having that video component where they can see them and look at them in their face, that will improve the communication. And then last but not least, this is going to strengthen the partnership between Denton PD and Denton County MHMR, as we look to collaborate on other grants in the future and continue to work as the mental health division grows. Does anyone have any questions for myself or Brittany Weymak? Sure. Questions. Council Member Meltzer. Thank you for the presentation. I asked for this because I thought the public might like to hear about this important work, but also I was hoping you could help me and others understand the difference between what situations the mental health team would respond to versus situations where MHMR would respond. Can you sort that out a little? Yes, sir. So I'm currently our officers when they're out on scene with someone who's in a mental health crisis, they contact MHMR and then the decision is made whether to send MCOT out to the scene to do an assessment. The hope is that as the mental health division grows that not just the team residing in the division, but officers across the department will be able to help in this CIT response and work with MHMR. Now the officers that will be on the crisis intervention response team in the mental health division, they will be trained to go out on the most serious of mental health calls and they'll have a social worker with them that will be embedded in the unit. And so partnering together they can go out and get those assessments done themselves. This will help MHMR as well, because as I said, they have a limited number of people responding to the entire county. Okay, because that was the part that I was frankly still a little unclear on. Debt and PD social workers will go paired with a plainclothes sworn officer, and that's in a very severe case, but there are other cases where MHMR would go. Yes, we still have a partnership with them. And so, we'll still utilize them. Yeah. Okay, great. And, you know, it sounds like this is going to find, you know, very powerful and effective tools and training. Thank you. Councilmember Amater. Yes. So first of all, it's wonderful to see you and hear you, Alyssa. So great to see you. I have a question about follow up with with families of people in cases where suicide has not been prevented and I wanted to share an anecdote I'll try to make it brief. In 2001, and this explains why I'm asking the question, but I know it's not doesn't just apply to me. In 2001 I got a phone call for my aunt that I will never forget. And she told me that my uncle who helped to raise me had committed suicide by jumping off a bridge in the city of Pittsburgh in Pennsylvania. And that was his University of Pittsburgh identification so that he apparently so that he could be identified. But he didn't just was not in the habit of just going around with only that one thing on him. Anyway, but suffice to say you know it was police officers who brought the news to her I know that that is not uncommon. And I'm wondering if on that end and of course, you know, I ideally everything can be prevented but when police are called in to identify somebody will MHMR be involved in that level of the follow up in identifying people. No, ma'am, and I'm, I'm very sorry to hear that. I don't know if you know about your family member, but know they, they will not be involved in that process, we do have victim service counselors that work for the police department, and they are social workers, and that is what they're trained to do. MHMR does have a local outreach to suicide survivors team. So we do partner with the me department and do send a mental health professional and a local survivor suicide out to talk to anyone who was had a relationship or affected by the suicide and provide resources. That's wonderful. And, and by the way, I happen to know the person who does the follow up with the victims in DPD, and he is excellent. So I'm satisfied no knowing that that that he that he would be involved in that so thank you. All right, any other questions, Councilmember Briggs. I wanted to hear about your family member Deb, thank you for sharing that with us. I know that was tough. As far as the, the interviews go for the, for the iPads, is that. So there's someone on scene, they are a little unstable and possibly suicidal. Can you walk me through it so an officer uses the iPad to call or get in touch with a counselor through MHMR, and instead of the officer on the phone talking to that counselor, or the individual talking there's an iPad so there's like a live interview. Am I understanding correctly. Yes ma'am that's correct so we we connect with the iPad MHMR stuff does we usually have one licensed clinician, and a QMHP a qualified mental health professional so we screen in pairs typically. And so they will be on the call where the, the individual in crisis can see their face, and instead of just like Sergeant how mentioned, you know just talking on the phone because a lot of times we can't see their surroundings. So if they're responding to internal stimuli we can't see that over the phone but we can at the iPads being held up if they're looking off to the corner or, you know, scratching at their arm or some, you know, body language signs that we can pick up on for the assessment. But, yes. Thank you. You're welcome. Any other questions. All right, thank you so much for the presentation. Chair would entertain action on this item. Councilmember Meltzer. Yeah, I move approval. Councilmember Briggs. Second. All right, we have a motion and a second house say you Councilmember Meltzer. Hi, Councilmember Briggs. Yes. Councilmember Armitter. Yes. Mayor Pro Tem. Aye. Councilmember Ryan. Aye. Councilmember Davis. Aye. Mayor Watts is an aye the motion carries seven zero thank you all so much for sharing that information with us thank you. We'll move on to agenda item for D which is now an item for individual consideration ID 20 dash 1643. Consider adoption of an ordinance of the city of Denton and Texas Home ruled municipal corporation, authorizing the city manager to execute a contract extension between the city of Denton and Acceleron software LLC through September the 9th 2025. Was there a presentation wanted on this desired somebody request presentation. Yes. Yes, a brief presentation. Okay. Mayor Council Ryan Adams customer service and public affairs we have prepared a brief presentation and I'll pull that up right now. Thank you. The item for you today is the contract extension for Acceleron, which is the platform that the city of Denton uses for its pay as you go service, and we do have a quick summary what pay as you go is essentially it's a prepaid service for utilities where a customer can transfer money into an account receive updates on the status of of their account and their usage, and then they can add funds to that account by phone online or a payment center so it gives them a good bit of control and how they manage their their usage and allows them to to be able to stay current in a lot of different ways on their account. So just a brief overview of the program. These are for residential accounts only and for electric service. It does require a prepayment but the benefits to the customer are numerous, particularly it would not require a deposit does not entail late fees or interest. So, it gives them access daily access to their electric usage information for the organization decreases our financial burden to the customers. It helps customers who want to set up an account and have existing debt, get out of that debt and be able to pay that down, it gives a lot more options for them to do that, because it is prepay and does not rely on a credit or billing and arrears, and there's a zero cost to the city so the cost of the program are recouped from the customers. So just to give a little bit of a background. We provided a soft launch of this program in October of 2018. By that next February we had 50 customers. As of right now we have over 600 customers who utilize the program and we do hope to grow that number considerably. Since the program was put in place. We have placed $192,000 of debt recovery into the program and on that we have collected 106,000 so that is essentially debt that existed out in the world was 192,000, and we have a plan to collect that. And of that number we have collected $106,000 of revenue that we would not have otherwise collected as easily. We have refunded deposits back to our customers in the amount of $102,000, and we've also been able to avoid deposits from customers through the life of this program to the tune of $183,000. We did incur an initial net cost because the program, the service requires a certain level of customers. At the very beginning, we had to grow our customer base up front so we didn't incur a cost initially but now we have a large amount of customers that are part of the program. It is simply a pass through cost we charge the customers, what it costs us to run the program. We are recommending that council extend this contract for five years. The reason we are making this recommendation is that to rebid and potentially go with a new vendor, there would be a two to three year implementation schedule, which could potentially impact the customer and their billing. And we could experience customer loss through the change of a platform. So we would like to continue on with our current vendor, grow the program, make it stronger, and to do that under our current contract extended another five years. That is the end of our presentation. I'm happy to answer any questions and we also have Krista Foster on the line who can answer questions as well. >> Councilmember Meltzer. >> Wonderful program. I wish thousands were on it. Ryan, who should call and ask about this? The customer in what situation should look into pay as you go? >> Truthfully, any customer can benefit from it, but I think the value is for those customers who perhaps experience irregular challenges with making payments or maybe they have an existing balance that they are trying to work down. So customers that have payment challenges should explore the program. There is a lot of benefit to it, although truthfully, any customer could probably find a lot of benefit to it as well with all the options and the ability to manage your account. >> Thank you. >> Anyone else? Chair would entertain action on this item. Councilmember Meltzer? >> I move approval. >> Do we have a second? Councilmember Ryan? >> I second. >> We have a motion and a second. Councilmember Meltzer, how say you? >> I. >> Councilmember Ryan? >> I. >> Councilmember Davis? >> I. >> Mayor Pro Tem? >> I. >> Councilmember Armitter? >> Yes, and I love pay as you go. >> I. >> Councilmember Briggs? >> Yes. >> Mayor Watts is an aye. The motion carries 7-0, carries unanimously. We'll move on to agenda item 4-0. ID 20-1734, consider adoption of an ordinance authorizing expenditures of $300,000 as previously discussed in closed session for outside council and other previously discussed trial and appellate expenses in litigation styled Michael Grimm and Jim Maynard versus City of Dent in Texas. >> Okay. We have a -- this was pulled. Was there a presentation or is it just an individual vote? Councilmember Meltzer? >> I didn't pull it. I don't know if there is a presentation. I'd like to briefly go into closed session before we conclude. >> Before we conclude or before we start? >> If there is a presentation, happy to hear it. If there isn't, we can go straight in but before we vote. >> Okay. Yes. Let's go ahead and if there's a presentation, I believe Mayor Pro Tem, were you the one that pulled this? >> Yes, sir. Staff is aware. There's just a cumulative look for transparency purposes that I wanted. They prepared. >> Okay. All right. And then we will, before we take a vote, go into closed session. >> Mr. Mayor, members of the City Council, Jerry Drake, first assistant city attorney for the litigation division. I just have a little short item to share with you. These are the deposits into our fund for the Grimm and Maynard litigation. As you can see, the first 100,000 or so was authorized as a matter of course with our initial purchase order. Ordinance 18-1994 added 100,000. We went to a second purchase order after that. We have three ordinances that funded 100,000, 300,000, and 442,000 respectively. So the total deposits to date is 1,041,900. Tonight's ordinance proposes to add 300,000 to that making the total funding 1.34 million. >> Okay. All right. Thank you. All right. Mayor Pro Tem, is that just what you're looking for? No further questions on that? >> No, sir. That's it. Thank you, Jerry. Great job. >> Thank you. Councilmember Meltzer, based on that presentation, you still want to convene in closed session? >> Briefly, yes, please. >> All right. Okay. And Mr. City Attorney, we are able to do that, is that correct? >> I just need to ask, are you wanting to go under the attorney client exception? Okay. >> So we're able to do that? >> Yes. >> Okay. >> We will then, I guess, in closed session, determine whether or not it is the questions properly fit. If not, we'll come back out in closed session. >> Okay. All right. Then I will convene the closed session at 719 on September 1st, 2020, pursuant to Texas Government Code Section 551.071, consultation for attorneys regarding Agenda Item 40, ID 20-1734. Let's take about a five-minute break to be able to clear the meeting just for the appropriate personnel. Welcome back to this meeting of the Dent City Council. We're back on Agenda Item 40 after adjourning our closed session on that agenda item. And I believe we've had discussion. And Chair would entertain action on Agenda Item 40. Chair would, Council Member Davis. >> Move approval. >> We have a motion. Council Member Meltzer. >> I'll second. It's 4-0, not 4-0. >> 4-0. Yeah, did I say 4-0? >> Yeah. >> Okay. I apologize for that. 4-0, ID 20-1734. Council Member Davis, how say you? >> Aye. >> Council Member Meltzer? >> Aye. >> Mayor Pro Tem? >> Aye. >> Council Member Armitter? >> Yes. >> Council Member Briggs? >> Yes. >> Council Member Ryan? >> Aye. >> Thank you, Mayor Watson and I. Motion carries, 7-0. Moving on to 4-P, ID 20-1742. Consider approval of a resolution of the City of Denton, a Texas Home Rule Municipal Corporation, authorizing the use of risk Level 5 control measures pursuant to the city's mosquito surveillance and response plan. Hopefully, we just have a brief presentation. We had a question. >> Dr. Banks is on the phone to answer any questions. >> Okay. We'll wait until Dr. Banks joins us. Are we experiencing technical difficulty? >> What's that? Tony's trying to get a hold of him right now. >> Okay. [Pause for responses] >> Do we have any background music? Mayor Pro Tem? >> Yeah. No, I just want to say, I mean, I feel bad for Dr. Banks. We have a process this morning that allows for accounting for this type of thing. I mean, I can only imagine he goes home thinking he's done everything he needs to do and joined time with his family, and then at 7 o'clock he's told, oh, by the way, so anyway, I do feel bad just expressing my thoughts. >> Okay. All right. And you're talking about a citizen's comment on consent agenda items that are able to be spoken to us or reported to us in the work session, before work session. Is that the process? >> Yes. And in full transparency, we all get an email at the last minute that maybe, you know, again -- >> Okay. Yeah, I understand. Councilmember Briggs? >> Yeah. While we're waiting, I just want to say whenever you hear that a baby could be at risk because of something that could or could not happen, I just want to follow up and speak to Dr. Banks and hear what he has to say in regards to that claim. I think it would be helpful. >> Sure. And I presume you mean the claim that -- the claim was that that particular chemical was used or is being used in the chemicals that we're using to spray, and we're wanting to get some type of either verification or of that. >> Yes, sir. >> Okay. Mayor and council, can you hear me now? >> We can hear you, Dr. Banks. Welcome. >> Oh, thank goodness. I'm so happy. Sorry about the technical difficulties. >> No, no. We're live. So, yes, go ahead. >> Good evening, mayor and council. I'm so sorry for the difficulties. Councilwoman Briggs, could you please just repeat the question so I'm sure I have it right? Earlier we had a caller that stated that the Promethean and then he had another chemical after that could be harmful to unborn babies and their mothers. And I wanted clarification if that was the actual chemical we are using and if so, if the claim that it could be harmful to babies, if that's correct. >> Yes, ma'am. I listened to the conversation earlier and the compound that was mentioned was piperoneal butoxide. It is a synergistic compound that is used in conjunction with synthetic pyrethroids. This particular spray that we are using nearest does not contain piperoneal butoxide. So it is not in there. It simply is a pyrethrin-based compound. Usually piperoneal butoxide is used in conjunction with synthetic pyrethroids which are a different category of compounds. They're similar but they're man-made versus natural. >> Perfect. Thank you so much. May I follow up? >> Absolutely. >> Yes, go ahead, Councilmember Briggs. >> Would it be difficult -- I know we heard earlier about having an opt-out and how that may affect the planning but with such a large area and if someone was experiencing medical issues or they were pregnant, would having an opt-out option do you think affect the effectiveness of the spraying? >> I would recommend against it. The exposure is going to be very small. If you're looking at the total amount, I don't think people have an appreciation for how small of an amount of this material is put out. Typically you're looking at about half of an ounce to about 3/4 of an ounce per acre. So it's an incredibly small amount and people are just not going to be exposed to a large amount of that material. I would not recommend handling large quantities of synthetic pyrethroids without precautions by anybody nor would I recommend that with piperoneal butoxide. But in this particular situation we're looking at an extremely low volume applied specifically for the purposes of affecting a very small insect and specifically to minimize if not eliminate the impact to people being exposed. So if you're indoors and are, you know, just not outside, your exposure is going to be virtually nothing. Even if you are outside, the amount of concentration is extremely small. So I simply -- the tradeoff between leaving pockets of mosquitoes that are harboring the West Nile virus versus the idea of exposure, to me it's not a good tradeoff. And I would point out that the compound itself breaks down -- it's photolytic, so it begins to break down as soon as sunlight hits the following morning and its efficacy as a compound is going to be eliminated very quickly by that sunlight energy. >> Okay. Well, thank you very much and I appreciate you getting back on the phone and getting our questions answered as always. Very detailed. Thank you very much. >> Yes. And let me please apologize again for the technical difficulties. >> No, no, we've got a couple more questions or comments to Dr. Banks. Councilmember Armitter? >> Yes, thank you for coming on, Dr. Banks. And thank you, Councilmember Briggs, for pulling this item after our work session. I actually had thought that this had been pulled, so I must have -- when I heard D, I must have thought that was P because P was on my mind, so I thought it had been pulled already. So I'm grateful it was pulled belatedly. Dr. Banks, if you could speak to -- and I had asked earlier at the work session about exactly what is the efficacy of this kind of spraying because I'm not convinced of the efficacy. And all I was told was that it's an essential part of a number of measures. I know that the other measures work that was, you know, staying inside and, you know, applying topical, effective, you know, organic or whatever you want. Bug spray of any kind to the inactual human being. What effectiveness is there of that amount of spray in an area at a time -- at that time of day? What percentage of the mosquito population, you know, does that eradicate? It is going to be dependent on the conditions of the spraying event, and so a person that's a licensed applicator will adjust the application to meet the conditions. For example, this evening, there isn't an applicator out there that would recommend spraying in these conditions. It's simply not going to be effective. So in situations where you do not have a rainfall event going on, where the wind speed is optimal for the deployment of this, you can get a 95-ish percent control. You've got to take into account that these mosquitoes need to be out and actively flying, which is why we target the later periods in the evening, both to impact the mosquito and then also to ensure that we don't have impacts on non-target insects. And if you're looking at a backyard situation in dense bushes and without the mosquitoes flying, your effectiveness is probably going to go down into the 50 to 60 percent range if conditions are good for the deployment. The bottom line is that as long as it is applied in good conditions, there are plenty of papers to suggest that the efficacy is enough to curtail the cycle of West Nile virus. So that's kind of what we're aiming at. Every house is going to be a little bit different, but front yard application is very good. Backyard application is good enough to affect the control. Okay, anything else? Thank you, Dr. Banks. I would love it if you could send those studies you mentioned because I've been looking. Okay, all right. Absolutely, I can send you one. Thank you. Councilmember Meltzer, you had your hand up. Yes, thank you. The same caller replied that there was some claim that this would kill all bugs and that it might affect the ability of Shiloh fields to produce vegetables. Would you care to comment on that? I'm not really sure what the link is with regards to the production of vegetables other than the possible link to pollinators, bees being most specific. We're very cognizant of bees and that's one of the reasons why it's so important to apply this at the right time. We have in the past used what I would consider to be a much less environmentally friendly mosquito spray. It was very good. It was the best one at the time, back in 2012. But we have anecdotal evidence from the beekeepers that basically they had hives that they were not able to get out and cover that were sprayed with this material and the bee hive was fine. And so the intention is to apply it in an amount that is appropriate for the size of the insect. That's why we use such small amounts on a per acre basis. So if an insect like a dragonfly, for example, we want to preserve every adult dragonfly out there because they eat mosquitoes. They're a large insect. The UOV application on a larger insect like that is going to be generally going to be non-effective. In other words, the insect will survive. And so that same paper that I mentioned basically has a statement. I'm looking at it right now that says non-target impacts on non-target insects do not exceed levels of concern. So very small insects that it could affect the larger insects, bees, moths, dragonflies, June bugs, et cetera, very unlikely just because of their size and the dose. Thank you very much. Sure. Dr. Banks, I appreciate it. Thank you for coming back on with us to basically confirm facts that somehow it just it's important to have correct data and correct facts. And so we appreciate the ability to verify those so that the public is informed. Okay, thank you very much, Dr. Banks. You're welcome. Let's move on to, let's see, do we, we hadn't taken a vote on that yet, have we? All right, so let's see who, I forgot who, somebody made a motion in a second, I thought. Anybody motion yet? Nope. Councilmember Davis. Move approval. Looking for a second. Councilmember Ryan. I'll second. All right, we have a motion and a second. Mayor Pro Tem. I just want to echo your sentiments that we have staff and doctors, et cetera, on staff that are professionals that evaluate this, and I'm fine with questions, but it needs to be well documented before we go telling the public that may miss a segment and have somebody call in giving a whole bunch of misinformation. And if someone doesn't catch the correct information, we've now participated in just disseminating bad information to our community and giving people false alarms that we then have to go back and try to clean up best we can. Just, it's critical that we get good information out and support that and support those experts in their particular fields. Thank you. Councilmember Davis, I'll say you on your motion and Councilmember Ryan second. Aye. Councilmember Ryan. Aye. Councilmember Meltzer. Aye. Councilmember Armitter. No. Councilmember Briggs. Yes. Mayor Pro Tem. Aye. Mayor Watts is an aye. Motion carries six to one. Moving on to items for individual consideration. Item 5A, ID 20-751. Consider adoption of an ordinance of the City of Denton, a Texas home rule municipal corporation, authorizing the city manager to execute a professional services agreement with HR Green Inc. for engineering development services. All right. Good evening, Mayor and Councilmembers. I'm Christine Taylor, Director of Procurement, and we're going to talk to you tonight about implementing and adopting a new contract with HR Green for development review engineering. So some background on the project is development review engineering is focused on the review of private development, construction plans, plats, easements, permits, and various other development applications as they pertain to public infrastructure. So the purpose of what HR Green reviewing is they ensure that private development projects that are constructed for new public infrastructure or anything connecting to our public infrastructure is developed, reviewed, constructed, and safely in accordance with our development codes, our design criteria manuals, and minimum specifications. So in 2018, the city entered into a one-year agreement to contract out a portion of private development engineering and plan review to augment city staff. In 2019, it was working so well they expanded the contract to perform all private development engineering plan review and extended services for six months to allow the department to go through proper procurement and do a formal RFQ for a multiple-year agreement. The evaluations were done and HR Green was selected, and at the time, we went into COVID and were kind of unsure what development was going to do. So in March 2020, the RFQ was placed on hold. In April of 2020, a second amendment was brought forward to the existing agreement so that we could continue services while we monitored current levels of development for the remainder of the fiscal year. This program for development review engineering is based on a full cost recovery service model. As of July 2020, development review engineering has been 107% cost for recovery of the contracted services and 90% cost recovery of the total budget. The 2021 budget will reflect a reduction in personnel expenses and staff expects to meet the cost recovery goal. A few highlights of the agreement is this contract is scalable and based on application volume, which will be evaluated annually. The key components include two on-site engineering facilitators that conduct reviews and assist applicants through the process. So that includes our pre-application conferences, plat and plan, review troubleshooting, pre-construction meetings, any field changes, and then alternative material requests for all public infrastructure. And again, it is scalable on the off-site reviews, which means it's going to be based on the number of applications received each submission date. This slide is to kind of capture the interest in development, project applications, the count of reviews by month, and then the average review days. You've likely seen the slide when Scott McDonald and Todd Estes did their budget presentations, which indicates application volume has continued over the last couple months as we were monitoring. So one of the key components of this agreement being successful was us working on a detailed training plan. So we implemented one in 2019 to provide our contracted vendor with the tools necessary for the information to succeed. So that includes review shadowing with the utility departments and other disciplines. We did process overview discussions, developed guidance documents, updated our GIS maps, updated development application checklist to help the applicants and the reviewers, updated the land development website, making it easy to navigate in all documents in one place, and implemented standard operating procedures. So they've continued to have engagement with city liaisons, which include weekly meetings with the city engineer, and weekly meetings with the development assistance team, which is a multi-discipline review. That's the end of our presentation. The agreement is multi-year and again is scalable, and we'll answer any questions we can. Okay. Yeah, if we could. There you go. All right. Thank you. Questions. Councilmember Briggs. If you could help me understand, it feels like we've talked about HR Green contract quite a bit. Was there an interim contract that we approved recently? Yes. So we went through the request for qualifications back early in the fall, and we're ready to bring this multi-year agreement back, but it was right when COVID hit. And so we instead of bringing forward a multi-year contract, we decided to go ahead and just do an amendment while we monitor development activity over the last few months, which has continued to be steady and show the need that we do need to continue the contract. May I? Yes. And so have we received any feedback from the developers in regards to working with HR Green? We have. So we also we have meetings where we meet with the development community. We've had the town halls. We've had meetings for feedback. And since HR Green has been implemented, the increase in complaints or problems has gone down. And a lot of that's attributed to the facilitators that are on site. And so they're able to troubleshoot and help applicants through the review process. Okay. Thank you. All right. Any others? Okay. Thank you very much, Christine. Chair would entertain action on this item. Councilmember Davis? Move approval. Councilmember Ryan? Second. We have a motion and a second for agenda item 6B. Nope, that's not right. That's a public hearing. Hold on. It's 5A. I got to quit turning the pages. Good heavens, I get lost. 5A, ID 20-751. All right. So Councilmember Davis, how say you? Aye. Councilmember Ryan? Aye. Councilmember Meltzer? Aye. Mayor Pro Tem? Aye. Councilmember Armitter? Yes. Councilmember Briggs? Yes. Mayor Watts is an aye. The motion carries 7-0. Thank you. Agenda item 5B, which is ID 20-1527. Consider adoption of an ordinance of the City of Denton, Texas, Texas Home Rule Municipal Corporation, granting to Atmos Energy Corporation, Mid-Tex Division, et cetera, supply, franchise, furnish, transport, and supply natural gas to the general public in the City of Denton. Mayor of City Council Tony Puente, Executive Manager of Utilities, I have a very short presentation here for you. So Mayor of City Council, this is the third opportunity that this item has come before you. The previous two times, Council gave unanimous approval. As we mentioned in the past, the related franchise has been expired since 2011. We did extend that back in 2011 through an informal memorandum of understanding between the City Manager and the company. Since that time, we've been basically operating under the old agreement. Atmos has continued to pay franchise fee equal to 5% of gross revenues. They've continued to work diligently with the City in its new or expanded CIP program. This particular proposed franchise agreement has been modeled against the most recent agreements with Plano and Mesquite that have been executed in the last 12 to 24 months. The City receives about $1.1 million in annual gross franchise fees from this particular agreement. The proposed agreement before you does contemplate a 10-year initial term with two optional 5-year terms for a total of 20 years, which is the maximum under the City Charter. It also maintains the 5% franchise fee to be paid to the City on a quarterly basis. The City Charter does require that the Council approve this proposed agreement in three separate regular meetings. The first one was on August 4th. The second one was on August 18th, and as I mentioned earlier, this will be the third and final approval. Staff is recommending approval of this ordinance. Once approved, the company will have 30 days from today to first publish the entire franchise agreement in the local newspaper, which would be the Denmarker Chronicle, one time for three consecutive weeks. Once that is completed, they must provide proof to the City of such publication and also submit an acceptance letter. Once that is completed, the first term will run through October 1, 2030, being effective October 1, 2020. With that, I certainly stand for any questions. We do have John Manganilla with Atmos Energy on the line as well, if the Council has any questions. Council Member Ryan? That's okay. Next time you want to say something, he'll call Meltzer. That's right. I've learned through the course of, you know, this repeated presentations that this is a franchise fee that is collected from Denton residents and that is paid to the City, but that its purpose is to cover expenses that are related to dealing with Atmos. And I've asked that at some point, we do a little reconciling to see, are we over-collecting or under-collecting related to what the actual costs are that are related. But if we were to discover that we're over-collecting, that we don't need to be bringing that much in, and that, you know, where we might see an advantage to reducing the franchise fee just to lower bills, would we have an opportunity to do that, you know, or are the terms set so that we couldn't revisit them? I think I'm going to have to probably defer to the City Attorney. I think my guess would be is that we would probably be locked in for the first initial 10 years until we renegotiate. But I think if there's the opportunity and the Council wish to renegotiate that, I don't think that the company will have an issue with that. But again, I think we may be locked in for the initial first 10-year term. Although they don't really have a stake in that, right? If they're collecting it and giving it to us, they don't get anything out of that. Correct. Other than it's, I mean, it's a pass-through and they're having to collect it. So the burden for them to collect it at 4% versus 5%, it's still the same cost to them. So I'd be interested in hearing the City Attorney's opinion about whether it would conceivably be possible to change the terms during the course of the term of the contract. This is Larry Hollister. I'm on the phone. By agreement, if you'd want to consider doing that, we would end up probably taking it back through the process and they're kind of going what we just went through approving this one. I mean, they go through a rate review every year and are tied in automatically, and I think when we look at the rate review mechanism, would be the time to look at that. I don't think I've answered this probably clearly enough, but that's when that's done, is annually at the rate review mechanism. Okay. All right. You know, I wish I could hear that clearly. Mayor, maybe you could sort of give me the essence of the response. I think what he said was if there was a desire to change it, they would take it back through the whole process again, not necessarily just amending the contract, go through renegotiation, the process of I think it's what two readings or whatever the charter prescribes, is what he would say he's, I believe he was saying is what they. So there's a way to do it. That's what would be involved. Okay. Thank you. All right. Councilmember Briggs. Thank you. So since the rate review mechanism was brought up, my question originally before that was, was just going to clarify that this is not that process, that this what we're doing now is not, will not be an increase to the Atmos rate, per se, correct? Correct. That rate review mechanism is related to their rates that cover their costs. The franchise fee is not part of that rate review mechanism. I think what Larry was trying to say is that any revision of the franchise agreement would have to go through the same step that we're going through now would require, you know, three consecutive approvals and three regular meetings. It would require full publication for one time for three consecutive weeks. So that those are the things of requirements that Larry is kind of referencing. Yeah, thank you. Just to clarify that the franchise fee and the rate review are two separate and the franchise fee has been a certain percentage for a long time and it's staying that percentage. So that is correct. Five percent. Okay. Thank you. Okay. Any other questions? Chair would entertain action on this item. Councilmember Ryan. Maybe you called on me earlier because I had that look on my face. No, I was going to call you Councilmember Meltzer but I wasn't going to do that. I will move approval. All right. Councilmember Meltzer. Sure you mean me? Yes. All right. We've got a motion and a second for agenda item 5B20-1527. Councilmember Ryan, how say you? Aye. Councilmember Meltzer. Aye. Councilmember Briggs. Yes. Councilmember Armitter. Yes. Mayor Pro Tem. Aye. Councilmember Davis. Aye. Mayor Watts is an aye. The motion carries unanimously. We've been going since 630, is that right? Let's take us a quick five minute break on this. Oh, before we break, yeah, on item, oh never mind. Yep, we're good. Let's take a break. Welcome everybody back to this meeting of the Denton City Council. At 8.07 p.m. we are on agenda item 5C, which is considered adoption of an ordinance of the city of Denton authorizing the mayor to execute an interlocal cooperation agreement with the Denton County, with Denton County, Texas, with Denton County, Texas for the construction of a 10-foot sidewalk addition along US 380 between Mayhill Road and Greenbelt Nature Park. Mr. Mayor. Yes. I just want to put on the record. I'm going to recuse from this item and the next one. Okay, and you filled out the proper paperwork? I did. Thank you. Okay. All right. Thank you. So Councilmember Davis will be recusing from agenda item 5C and 5D. All right, staff presentation. Todd. You're muted, Todd. I committed the cardinal sin right from the start. No, that's all right. I do it all the time. Council, thank you again for your time tonight. If it's all right, Mayor, I'd love to do the presentation of both item C and D together. They're really two of the same project. Let me call item D then. Item 5D ID 20-1692 is considered adoption of an ordinance of the city of Denton authorizing the city manager to execute an advanced funding agreement. Amendment number one in the amount of $95,000 by and between the Texas Department of Transportation and the city of Denton. So if you'll recall about three years ago, October of 2017, the city agreed to enter into an advanced funding agreement with the state of Texas to build a 10 foot sidewalk along with improvements to the left turn lane along 380 from Mayhill to the Greenbelt Nature Park. I'll give you an overview what that looks like. This green line, it would run from the Greenbelt Park entrance all the way to Mayhill Road. That's roughly two and a half miles of sidewalk, 10 foot wide sidewalk to be placed and the state would be going through that corridor placing raised medians and left turn lanes to make it a much safer corridor to travel. That original agreement had the city's obligation at $879,000. The two items you have tonight are really twofold. It's the county wanting to partner with us and an advanced funding agreement amendment that would reduce the city's cost from $879,000 to $95,000. Then the county would like to enter into an ICA with the city that would further reduce the city's obligation to $40,000 by the county providing $55,000 toward this improvement. Currently where the project stands, construction project has been awarded to regular construction by the state of Texas. The only thing that's really holding this project up from going forward is this advanced funding agreement amendment and the dollars okay to move forward. So with approval tonight, then that would put into effect of approval both items would put into effect the amendment of the city's obligation to $95,000 and the county's participation to add in $55,000 of our $95,000 match. With that text that would go to construction as early as October, provided that we move all this forward tonight. Very briefly, we just recommend the approval of that advanced funding agreement. Amendment number one, as well as the ICA with the county for the $55,000. And I'm here to answer any questions you might have. Councilmember Briggs. Thank you for that presentation. It's always good to hear that we're going to less money. So has the, has the county already approved their, their portion of this, or was it something that they had to go through in their process to approve. They want to know that we're going to prove it first and then they will approve their part. Okay. All right. And so this is the first step in that. Second or third question, will there need to be, will any row needs to be captured for this for the sidewalk or is it already owned by the state for the state to have let the project to construction all the right away would have to have been in hands of that that part is complete, complete. Okay. And last question, which one will be completed first the green belt will be open or the sidewalk will be complete. That I don't know how to answer. I'm sorry. Okay. All right. I saw another hand. Councilmember Melzer was that you. Yeah, I mean, I was gonna kind of ask also just, this is such a great thing I presume it would also be usable for bicycles to get to the green belt, and it's going to be even greater if green belts open so, but apparently, you know, that's kind of an unknowable thing. And that will be reopened. Okay. Mayor Pro Tem. Are we taking these one at a time approvals. Yes. Yeah, so I move approval item C. Councilmember armator. I second. All right, we do have a. For this item we had one person making comments using our online form, and they were in support. Okay, so we have a motion and second for agenda item five C ID 20 dash 1690. Mayor Pro Tem has say you. All right. Councilmember armator. Yes. Councilmember Melzer. Councilmember Ryan. Councilmember Briggs. Yes. Councilmember Watson and I motion carries six zero. We will now and for agenda item D, which is a five D which is ID 20 dash 1692. For this item we had one person making a comment using our online form, and they were in support. So, Councilmember Melzer. I move approval. Councilmember Briggs. All right, we have a motion a second for agenda item five deep Councilmember Melzer how say you. Hi, Councilmember Briggs. Yes, Councilmember Ryan. Hi, Councilmember armator. Yes, Mayor Pro Tem. All right, Mayor Watson and I motion carries six zero. Councilmember Davis can rejoin the meeting at this time, we'll move on to public hearings agenda item six, a is hold a public hearing and consider adoption of an ordinance of the city of didn't Texas amending the concept plan and approving the detail plan for 7.2 acres of land and sections J and K of plan development district number 132, the preserve. Good evening, Council, let me pull up my presentation. Almost there. All right, here we go. Good evening. I'm Julie Wyatt senior planner with the city of Denton, and I'm presenting PDA 19 dash 00049. The request before you as a concept plan amendment and detail plan approval for PD 132 it's also known as the preserve project. The project is a project that was established prior to the development code in 2002. The project is set in Denton Creek. The intent is to develop 21 single family dwellings and two open space lots. The subject property is located at the southwest corner of Edwards Road and Lakeview Boulevard. It's about 7.2 acres. At the age of the PD as well as when this project was submitted, it actually falls under that 1991 development code in terms of process. And if you recall that that PD process in 1991 was a two step process at first the general concept plan that laid out the permitted uses project boundaries and development standards. It was the first step for the PD. The second step was the detail plan. This was essentially a site plan for the project, or maybe something closer to what you would see looking at like a preliminary plot so detail plans do expire the concept plan does not. So here's a little bit of history about PD 132. The concept plan was established in 1988 and 89. It included 414 acres. This was that first step in that two step process as part of that PD, it included about 300 acres of single family lots or dwellings, 10 acres of ground home cluster development, kind of in the northern portion of PD 132. They're proposed 16 acres of multifamily dwellings there in the brown right there and right there. Six acres of neighborhood service shown in the pink 12 acres of general retail. That's the subject property we're talking about tonight it was at the corner of Lakeview Boulevard and what was at that time thought to be Colorado Boulevard. Three acres of parks three acres of community facilities and then a school site. It also included that central spine within the preserve and that's that Lakeview Boulevard. Because that that concept plan was revised in 1998 it refine that mix of land uses provided phasing for it, as well as reduce the original land area dedicated to that original general retail to 6.2424 acres, and then included that two acres of community facility that property has remained undeveloped. The other thing I want to talk about related to this PD is mobility. So when it was originally approved that that PD included Lakeview Boulevard, and at that time Lakeview Boulevard was intended to be one of those primary corridors in the city on the east side it connected I 35 all the way to 380. You can see here in this graphic there was supposed to be a signal at McKinney and then a signal at Mills and Mags at black. So it was supposed to be a pretty large corridor in 2004 the mobility plan and it really changed the character of Lakeview Boulevard so that it was downgraded to be a collector, really just to serve the preserve neighborhood. It was it terminated there with the preserve so it was cut off it no longer extended all the way to 380. And then it that that mobility plan, then added in post oak. So let's look at the current proposal so first of all for the, for the concept plan amendment they are proposing to change the permitted uses on the site from those that were permitted in general retail, and that community facilities to single family residential. And here we're looking at the detailed plan the proposed detailed plan they are proposing 21 single family dwellings. The minimum lot size is 6600 square feet. There's an asterisk there that 6600 square feet really is to for this one lot here this is the smallest lot within this proposed detail plan. It's a little smaller than the others that the typical lot size is about 7200 square feet. It's got this open space drainage adjacent to it as well as a an HOA lot between the lot and Lakeview Boulevard so it made it a little smaller than the others. And they're also proposing to open space lots, totaling 1.7 acres and a neighborhood street connection to Lakeview Boulevard, I just want to point out one thing. This, this side is actually across from the amenity center that is in the preserve. This shows that that driveway doesn't extend to Lakeview, the amenity center actually has a driveway that does connect to Lakeview, you can kind of see it here in that aerial there so just wanted to point that out to you. They also included a landscape plan that that also had hardscape with it as part of their landscape plan they're proposing three inch caliper street trees along the existing perimeter streets that's Edwards Road as well as Lakeview Boulevard. They're also those street trees are also proposed for the internal street system perimeter fencing along those primary, those existing rights of way, Edwards Road they're proposing a board on board cedar fence with masonry columns. That's to be consistent with the existing fencing along Edwards as you can see right here. And they're also proposing masonry fence along Lakeview Boulevard, which is consistent with the perimeter fencing shown on Lakeview Boulevard. These fences would be in homeowners association lots. Staff is also recommending a condition to the proposal to add an additional lot tree as well as minimum landscaping, just to be consistent with the existing development code. As I said we looked at 1991 ordinance for the approval criteria and and and that process section 35-152 lays out the approval criteria, the concept plan just has one criteria for approval, the detail plan has four, we'll go over these as we talk through the project. So first of all for the for the concept plan criteria for approval. The, it is the proposed amendment must be in harmony with with the plan for the entire district so PD 132 is a residential development with single family distance densities ranging from 1.8 lots per acre to 4.9 lots per acre. The average it averages about 3.4 lots per acre overall that original zoning plan had had this corner designated as general retail and that that community service, those permitted uses could include things like auto laundry or a service station. It could include offices, restaurant, retails, retail stores, the community could include art galleries, church, schools, hospitals, childcare. So those are some more intense uses than what we are what we see in the preserve right now. There have been mobility changes as we as we talked about at one time Lakeview Boulevard was intended to be a much a much bigger road within the city of Denton it was it was intended to be one of those primary north south corridors on the east side. When that was downgraded it really did change the character of Lakeview Boulevard to really just be a neighborhood collector. These permitted uses could be disruptive to traffic generation within the neighborhood that development intensity for those permitted uses are much higher than what we see within the preserve. And there could be difficulty in buffering or screening some of those uses that that would be permitted under current zoning. If you if you can look at the aerial you see there are houses that face Edwards north of the subject site, it would be difficult to buffer screen any signage or, or any lights emanating from a retail use here at this corner. The proposed change for those permitted uses to just single family residential is in harmony with these adjacent uses both in lot size density and that open space. So, so the proposed change and permitted use to single family dwellings only does meet the criteria for approval for a for the concept plan. So the detail plan so the first criteria for approval is, does it comply with the concept plan. The proposed detail plan does conform to the general concept plan as they proposed it. Does it provide for a compatible arrangement of buildings and if and what is the effect of the adjoining properties outside the plan. So the proposed use of single family residential and that proposed density of about three dwelling units per acre is consistent with the adjacent properties and with the development pattern within the preserve this site is centrally located within the PD. So it is anticipated to have minimal minimal impact or effect on those adjoining properties outside of the PD. So, the proposal does meet the criteria for approval on the third adequate safe and adequate and safe circulation of vehicular traffic. So first we'll look on site. The proposal meets the current standards as required by the 2019 development code and transportation criteria manual, and that includes that 55 feet of right of way dedication for neighborhood streets. The proposed 21 dwelling units were generated about 210 trips per day, which I found this this trip generation from from the original plan the original staff report when the plan was was adopted. When they anticipated general retail at this intersection, they anticipated about 3500 trips would be would be generated at this corner. So this would be a net reduction in the number of trips from that 1998 plan that they were anticipating. And then generally we also looked at what the, what the capacity is and in the surrounding roadways so I'm late view Boulevard and Edwards Road are both collectors and as collectors they can accommodate about 5500 trips per day generally. Due to the pandemic it's difficult to get accurate traffic count so we looked to the, the Denton Police Department they did a study in 2017 and determine Lakeview Boulevard has about 2300 trips average per day on that street. And then the North Central Texas Council of Governments has traffic counts for Edwards Road from 2018, and their account was about 1100 trips per day. And then, number four substantial compliance with the landscape sign subdivision and other regulations of the city. So, this plan because because of when it was adopted would fall under that 1998 landscape code that required tree canopy of 15 trees per acre, and that could include preserved implanted, which would be 104 trees for this site. Their proposal with those street trees is 74 three inch caliber trees to be planted. They're also preserving 40 to 42 trees in their conceptual tree preservation plan. So that would, that would be a total of 116 trees staff with their additional condition to add that lot tree would add an additional 21 trees. And then second we just wanted to look at the current standards to just see how this project measured up with what we typically see for new subdivision so first of all the perimeter fencing they're proposing is consistent and does comply with the 2019 debt and development code. They are proposing those street trees to be planted consistent with the, the 2019 code one every 30 feet on that neighborhood street, and then 22 trees planted along Edwards Road and Lakeview Boulevard, and those are fewer trees just to accommodate that tree preservation in those open space lots. And they are. They have submitted a conceptual tree preservation plan for the site. They are showing a 20% minimum preservation with that additional mitigation. However, in order to memorialize compliance with the 2019 code staff is recommending a condition that they do comply with that. Public outreach was was sent out. We, and we've received 33 letters in opposition 23 in favor. I wanted to make sure I gave you those percentages in opposition it's it's about 1% opposition, and then in favor it's about point seven eight in favor, and they did not have a neighborhood meeting. So staff, this, this item was presented to the Planning and Zoning Commission, they did recommend approval. They did have one request to add to that however and that is to provide an enhanced pedestrian crossing into the amenity center at the intersection of that proposed neighborhood street and Lakeview Boulevard just to make sure there's a safe passage for for pedestrians in that location, particularly because the amenity center does connect to Lakeview Boulevard in that area. Staff also recommends approval of the concept general concept plan amendment and the detail plan approval as they're consistent with the criteria for approval. We are proposing the following conditions, they must comply with the 2019 tree preservation requirements. We also added in those requirements for the front yard minimum landscaping of 30%, and then the minimum 20% landscaping in the rear yard, plus one large canopy tree for each lot, and that's consistent with the 2019 residential standards. And then we just want to memorialize those, those street trees of 74 street trees, along not only the, the internal neighborhood street but also the adjacent arterials. And that concludes my presentation and I'll be happy to answer any questions and the applicant also has a presentation as well. Before we open the public hearing, Councilmember Briggs, I can wait till after the public hearing. Okay. Any other questions before we, Mayor Pro Tem. You're on mute, or something. There we go. One quick question for staff. The single drive, the single street in and out. And forgive me if you missed, if I missed you touching on why that's okay but why is that okay. The code doesn't require wouldn't require two ways in and out because of the number of homes, it's pretty limited on the number of homes. In order to require that remote access for fire access, it would require additional homes, over 100. Okay, and let me ask you this the streets can a fire truck. Turn around is, is that the in the cul de sacs on either end, is it able to maneuver in those spaces are, is there any prerequisite for considering fire to get in and out fire has reviewed the proposal and it conforms to their requirements. It will still go through that, if approved, it will still go that through the plotting process and the civil engineering plans, so we can review all that, but the fire has looked at it and it does meet their requirements. Thank you. Any other questions. All right, we will now open the public hearing for agenda item six a which is PDA 19 dash 0004 D, and the applicant is going to make a presentation Is that correct. Yes, sir. And is the applicant ready. Somebody is going to have to time this as well, because I think the applicant gets, is it 10 minutes. Is that right, Mr city attorney. That is correct to 10 minutes or 20 total if there's multiple representatives from the applicant. All right. Do we have multiple representatives from the applicant speaking or presenting. This is Jamie mark who from LGA engineering. Kevin Lazarus is the developer and he is also on the phone but he's just here to answer questions. So I'll be giving the presentation. All right. Okay, Jamie. So then, Mr city attorney is that 10 minutes, if the developers just standing by. Yes, questions. Okay. Okay, Jamie, whenever you start just to state your name and address and will your time will begin and you have 10 minutes and Okay. My name is Jamie mark who from LGA engineering. My address is 350 North Irving Street, Dallas, Texas, and here to talk a little bit more about the preserve the concrete PD amendment that Julie just went through. Okay, you may proceed. Thank you. As Julie mentioned, this is a modification of the zoning that was previously done for this project from general retail to single family residential to approximately 7.2 acres, and it's going to be a cohesive addition to the rest of preserve the concrete with similar density and lot sizes. Location is within any line, then Denton County lines and then the South East Southeast region of city of Den. As Julie mentioned it's across the street from the amenity center along Lakeview Boulevard, which was previously on the master thoroughfare plan and now is just a standard collector road. This is the last undeveloped phase of preserve the concrete. This is the current site plan versus the That was originally done with the previous PD amendment. So as Julie mentioned, there was previously a master thoroughfare plan and it made sense to have a retail service there. Now that that's gone. I believe it makes a lot more sense to replace this with single family homes and a large open space that the HLA and the general community in that area can use, especially with its location across the street from the amenity center. There's also some tree clusters on site and one of those is preserved, along with that open space with some tree plantings and the screening wall. This is just another look at the overall layout in the context of the development. So I just wanted to talk a little bit about the metamorphosis of this site plan. We've worked a lot with both the city of Denton and the HLA to make something that works well for everybody and that the community in the city supports. This is the original site plan that was submitted to the city last fall in this we had 29 single family lots. These were mostly 50 foot wide lots, which does conform with the overall approved zoning and it had several lots that front on Edwards Edwards Road. As you can see that 76 X open space was on the west side of the property, which maintains a large tree cluster that is in that area. City of Denton requested that we relay it and we talked to the developer and redid it to use 60 foot lots, which is a little bit closer to some of the lot sizes that are immediately adjacent to this phase. And we decreased from 29 single family lots to 23 single family lots. We still left those lots fronting on Edwards and the open space in the same spot. The third one, this is getting closer to the beginning of this year, is where we removed the lots that were fronting on Edwards. This was a request from City of Denton. Even though there are lots fronting on Edwards on the other side of the street, they felt it would work better with connecting into that existing street, didn't have services for it and it worked better with drainage to keep those internal. The developer also met with the HOA board and they specifically requested that the open space be moved from the west side of the site to the east side. They were prioritizing having that open space accessible to the rest of the community, as opposed to maintaining that tree cluster and City of Denton approved that as long as we planted those street trees along Edwards and Lakeview, which we've complied with. We are now down to 21 single family lots from that original 29 and increased open space. In this one, we also at the request of City of Denton added in a five foot open space. Actually, I believe it's a 10 foot open space along Lakeview Boulevard and Edwards Road. This adds enough space for the screening wall in those two areas and additional street trees. And just some more pictures of the general development. All of this is being done by the same developer, Four Star. As I mentioned, one large tree cluster is being maintained. Same side lots as all of the adjacent developments or all the adjacent phases in this area. This is a better use for the current configuration of Lakeview Boulevard. We believe that this will be more favorable to adjacent residents than a retail development. And we are maintaining that large open space across the street from the amenity center, which should be accessible to all of the community. And I'm here to answer any other questions. You're on mute, Mayor. Okay, I sort of, I hit the wrong button and I had something really pop up on my screen. So Councilmember Armitter, you had a question? Yes. So question for the applicant. So did you say this is the same developer behind the preserve it, the concrete? Yes, all of these previous phases are the same developer as this proposed phase. Okay. So I have a question about, and this is not my only concern, but it is one that I have not seen much or heard much about regarding that request. And that is about high speed wireless capacity. And I'm wondering if you could talk about that. I mean, I think the city staff has been really helpful in that area. And I'm wondering if you can speak to the city staff. And I'm wondering if you could talk about that. And I'm wondering if you can speak to what the developer plans to do to lay the groundwork for Wi-Fi for high speed wireless internet with these additional homes. And also, in addition to that... Councilmember Armitter, Councilmember Armitter, could you let her just answer a question one at a time? You talked a lot about something that... The next part is related because I'd be happy to let her respond to this first part. I thought I saw Kevin. Who will be answering that question? Hi, Mayor Watt? Yes. Hi, this is Kevin Luzares from Four Star. Yes. Did you hear the question, Kevin? Yes, sir. Councilmember Armitter, to answer your question, it's my understanding that Four Star did not develop that phase of lots. And that at some point, to be candid with you, I joined Four Star in early 2018 and don't have all the history on the preserve of concrete. But it's my understanding that at some point, those lots that do not have telecommunication cable, telecom installed to them, that they were developed by a different developer. And at some point, they requested to be allowed into the preserve of the concrete HOA. And then I think at some point, Four Star allowed that to happen. But that was before my time, and I don't believe we developed those lots. Okay. So Kevin, I guess the question is, the question she posed was on this proposed development. It will have high speed internet capability based upon whatever commercial, private commercial services are offered out there in that subdivision. Is that correct? Yes, sir. That is correct. All right. Okay. Councilmember Armitter, go ahead. Okay. So the groundwork will be laid for that before the foundation. Okay. And again, that's not my main concern, just a tangential concern. But I was also wondering the HOA structure at the preserve at the concrete is limited by, I don't remember the exact details, but I found this out when I was talking to the community about their Wi-Fi problems at some point last year. It's limited in some way by the developer, and I'm not sure if that's Forrester or if you could explain if there are any... Mr. City Manager, could you help me under... I'm trying to... We're talking about one particular plan development here. So if you want to restrict your question to... Yeah. So my question has to do with the fact that it's the same developer. My question is, is there any arrangement in advance? Do you have plans to limit the power of the HOA for this community in the same way that the... Mr. City Attorney, is this a question on posting? Is this a question on posting, Mr. City Attorney? This is going off posting by talking about limiting HOA's power to do certain things. I just need to get back on the posting on the actual PD. On the PD, yes. I want to ask a question about what is the plan for high-speed Internet in this particular PD that's before you? That's a fair question. And he answered that. Yeah, that was asked and answered. Okay. So, okay. Okay. Well, anyway, that's really the least of my concerns, but I was just wondering about that because that was one that I had not seen anything about. So thank you. Okay. Any other questions? And just to give you... Just to answer part of your question, the developer four-star no longer is in any type of control of the HOA. At the annual meeting last year, all control was turned over to the homeowners association. Great. Okay. Thank you, Kevin. Council Member Briggs. Thank you, Mayor. A few questions, some clarification. So, except for the lot that's smaller with the little asterisk, are all the other lots in comparison to the lots around in the neighborhood, except for that one? Are they all similar size? Yes. Right adjacent to us is too cul-de-sac, so it's a little bit hard to see in relation when we're at the very zoomed-in scale, but all of those adjacent phases are 60-foot blocks. Okay. So this would be consistent? Mm-hmm. That's correct. That's one of the updates that we made. Okay. And do you know, from what I understand at first, there were, when the open space was, and the other side where the neighbors are joining up to that open space, there was a tree cluster that was going to be saved, so it was two tree clusters. With the open space moving, that cluster is now going to be taken down. Do you know what type species that tree cluster is in that PD area? Not off the top of my head. I could look into that. I do know that with the new street tree plantings that we're doing, we are meeting the tree preservation requirements associated with removing those trees, but I can look into the exact species and get back to you. Okay. And on the open space, may or may I continue? Yes. Okay. And on the open space that is, now it's moved, so is that accessible to the whole neighborhood, or will there be a fence on the open space? How? I didn't notice very well where the fence location on that open space is going. That screening wall is going to go along the back of the lots, and so it's going to be open to the sidewalk, open to the street, and easily accessible for the rest of the community. Okay. Last question for now, and then I have a couple for staff, is that, I think I already say that you did not do a neighborhood meeting, but you met with the HOA? Yes, that's correct. And at the annual meeting last year when we did the turnover to the homeowners association board, we also discussed this and that we would be moving forward with the rezoning effort. Okay. Thank you. Okay. Thank you. Any other questions for the applicant? All right. Thank you all very much. If you want to just stay tuned in case we have additional questions, we do have one public speaker that we're going to get to at this time. Caller, you're on with the Denton City Council public hearing agenda item A, and you are with the Denton City Council. So once you state your name and address, your time will begin and you have four minutes. Thank you. This is Eric Pruitt, 2111 Westwood Drive. I want to thank staff for including the relevant history of this development back to 1988. Reading through that, it really does show how important maintaining flexibility and adaptability is since the needs and plans are certain to change over time, like in this case. The original plan in this area, it looks like it called for two business zoned areas. The first looks like it was removed when the concrete elementary was built on the northwest side of Lakeview instead of the originally planned southeast side. And now this second area is proposed to be rezoned for only single family detached homes, likely ensuring that the entire area will never have businesses within less than a couple of miles. That increases driving distances and causes more wear and tear on wider roads, which all of our taxes must pay to sustain. I think this is inconsistent with our 2030 plan, which states in order to establish neighborhoods of choice, a range of housing options needs to be complemented by community facilities, including schools and parks and compatible neighborhood oriented commercial uses. For example, coffee shops and neighborhood grocery stores that contribute to neighborhood livability. Staff is recommending this change because the original general retail zoning allowed uses judged too high intensity for a collector street intersection. Fine. Why not rezone to something which could serve this neighborhood in the future? What about the neighborhood service zoning defined in PD-132 that allows such less intense uses like needlework, forests, handicrafts, and small retail shops less than 4,000 square feet? What about our MN or R7 zones in our 2019 DDC specifically meant to allow transformation to neighborhood scale businesses to promote complete neighborhoods? Here are some examples of neighborhood scale businesses at other collector street intersections in Denton. Sidewalk Cafe, Blue Ginger, and Beth Marie's in Wind River. Mr. Chopsticks and Killer Tacos. Clara's Kitchen in Southeast Denton. These are small businesses that transform an area from a collection of homes into a complete neighborhood. If I were to guess, the reason may be that demand exists for homes, but not for retail, and the developers can more easily get financing for constructing homes if they are in a zoning designation that doesn't allow anything else. Welcome to our banking system. The developer's interest is to make money with the land now. The community's interest should be to build complete neighborhoods that we will be proud to live in for decades. Rezoning these areas instead to R7 or MN, which also allows single family uses, could grant this area adaptability so that it can evolve to a complete neighborhood in the future. Understanding it in single family detached zoning layered with an HOA will ensure it cannot. A University of Wisconsin paper estimates that each home in a neighborhood can realistically sustain about 15 square feet of neighborhood retail. That comes out to about 9,000 or somewhere between 9,000 and 16,000 square feet, depending on where you draw that boundary. It could be more in the future. Let's make our town adaptable with complete neighborhoods we are proud of. Thank you for your time. Thank you. All right. I don't believe we have any more callers on the line. Is that correct? Okay. We have no more callers. So since we have no more callers, I will now close the public hearing. Councilmember Riggs. Can I ask my questions to staff now have a yes. Okay, about the, the collector on Lakeview. I guess I'm pretty concerned about the traffic that is there now. I know you said there was an anti cog did a traffic study in 2018. But I don't know how reliable that is on the traffic there at Lakeview and having their only one exit and one entrance on the Lakeview with not a real traffic count analysis. I'm not, I'm a little uncomfortable with that. Is there a reason why there wasn't an exit on Edwards? I'm bringing up Mayor Pro Tem's point. It wasn't a requirement by staff. It may have been a design decision by the applicant. You know, it wasn't proposed to staff. I would have to look and see if it would meet the, the distance separation for that, that street connection to that, that intersection there at, at Lakeview and Edwards to see if it would, if it would meet that spacing. And I had a couple other questions. Someone messaged and said, so do you know if the homes that are going to be butting up the existing homes, if they're going to be two story or one story, is that, is that within our purview to, to discuss? So if there's a one story, will there be a two story right behind it? It wasn't a part of their submittal. It would, any, any development of the lots would have to conform to the maximum height requirements within the preserve. And those are consistent across the preserve. So the adjacent lots would have had to conform to those requirements as well. I suspect there could be two story homes in those locations. It wasn't something that was, was discussed as part of the PD amendment. Okay, thank you. All right, Councilmember Armitage. Oh yeah. So I was wondering if you could, can you show the slide as, or can you show the email that we got, we got a really helpful email council did this morning. Not included in the backup that has the tree survey. And the trees listed, the, the quality trees listed that are, that are being destroyed. I think we need to be careful too, but I don't know if we can display somebody's email address, because I know what, is that right, Councilmember Armitage? It's not, so this is not, this is an email from staff, rather. It doesn't have the email in it. It's just a PDF attachment, just if it's on hand. If it's not easily on hand, then that's okay. I can just read to it, read from it. But this is, this is the tree inventory. Okay, go ahead Councilmember Armitage. Go ahead. Do you have that handy? Is that something you could easily bring up? It's not loaded, but I have it on my laptop next. No, Councilmember Armitage, please make the comments that you'd like to make based upon your data. Yeah, so it is, so Council received this this morning from staff, and you know, really helpful. And it mentioned, so I'm drawing it up now, that there are, let's see, the trees to be removed, 915, quote, protected quality trees. That is classified as protected in our ordinance. And 529 protected quality trees, and another, I'm sorry, that is preserved. So 529 quality trees preserved, 36 secondary trees preserved, and 915 quality trees removed, and five secondary trees removed. Okay, and it's pretty stunning. So hearing the percentages is one thing. But you know, it's pretty stunning looking at that those numbers and very helpful. And then to see the number to see the list, and I appreciate seeing the list of the inventory, but all of these healthy post oaks that are being taken down and yes, some being preserved. But I really see this as a situation where we've got a, you know, is the cup half full or half empty or are the trees being, you know, half, you know, is this large percentage of the trees, not exactly, not quite half, but a significant percentage being destroyed, you know, or are we going to focus on the percentages being preserved? Okay, I would recommend that this ask that this be made part of the public record. It is a big part of my objection to this development. But anyway, I just wanted to call attention to that, and to see if there is time later that you have that you are able to bring it up. That would be great so that the public watching could see this. But I did I did want to say that I also appreciate those I read all the comments of everybody who wrote in and a number of people who live there, who live in the surrounding area, you know, live there because of the green space and the trees. And again, we've got a place we've got the words preserve in the name and pecan in the name. And so it is quite sad to me to see all this that is being lost. All right. Thank you. All right. Anybody else. Any other questions for staff. We've closed the public hearing questions for staff. And if not, the chair would entertain action on this agenda item. Councilmember Davis. Mr. Mayor, I'm going to move approval. I looked at this item just about every which way I looked at the 1989 way and that's not a fit anymore. I looked at it the you know, can we have a opening to Edwards and that's not really a fit. Can we change things around in the open space. No, we're doing what the residents asked us to do with the open space. So I want to move approval of the item with the recommendations of staff and the planning and zoning commission. Okay. Thank you. Councilmember Ryan. I will second. All right, we have a motion and a second for agenda item six, a which is PDA 19 dash 0004 D before we take a vote. There were for this item we had three people making comments using our online form. There was one in support of this item and two against and then we did have one public speaker, and we heard from him. Just shortly before. Mayor Pro Tem. Yeah, just one of the brief comments wanted to say thank you to Eric Pruitt for calling in and always enjoy his comments and analysis. Thank you to the developer to Eric though I say that area obviously he's familiar he's looked at it but that two lane road to then add a commercial use there just does not fit in my estimation, I can be totally wrong. Reasonable reasonable people can disagree but that is my concern trying to plug in any type of commercial fit there. Just, it just doesn't seem to be a good fit for that area one lane each way. So that's my hesitancy to subscribe to his analysis. Okay. All right. Councilmember Briggs. Um, is that road plan to stay that way in a mobility plan as a collector for the two lane, or was there an expanse for it is it the way that it's going to be from now on. It is it shown as a collector in the mobility plan from now on. Okay, thank you. Okay. Councilmember Davis, how say you on your motion and second. Hi, and thank you Mayor pro tem for your shout out to Eric I missed him in my recitation. Councilmember Ryan. Hi. Councilmember Meltzer. No. Mayor pro tem. All right. Councilmember Briggs. No. Councilmember armature. Mayor watts is an eye the motion carries four to three. We'll move on to agenda item six be hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas approving a specific use permit to allow for a multifamily dwelling use on approximately 16.2 acres of land, generally located on the northwest corner of Dutchess Drive and loop 288. Councilmember Wyatt senior planner with the city of Denton and I am presenting s 2000 for a the Grove apartments. The request before us for a specific use permit to permit multifamily dwellings on a 16 acre parcel. The subject property has an SC zoning district suburban corridor which requires a specific use permit for multifamily dwellings. The site may look familiar to you it's at the intersection of Duchess and loop 288. There was a previous SUP s 1912 that came before you earlier this year. It was postponed at that at City Council to for the applicant to work with adjacent property owners that previous SUP was withdrawn. But I did want to highlight four items that were that were discussed at those City Council meetings, a traffic signal at Duchess and loop 288 tree preservation in particular conformance with the 2019 standards. Vehicular access a and that was specific to a north connection that went to McKinney, and then also a sidewalk extension. Two of those items tree preservation and vehicular access are are included in this current submittal so there won't be a condition or anything related to that because those are included with their current submittal. So we'll go through the proposal. So, this current plan is a little different from the one that you saw earlier this year, and this one actually has slid north, so that it allows a 1.52 acre remainder lot here adjacent to Duchess drive. This would have the suburban corridor SC zoning so any of those uses permitted and SC would be permitted to be developed on this lot. This is proposing 12 two and three story buildings arranged in purple as you can see on the site plan 524 parking spaces, this does include a small reduction that the 2019 Denton Development Code provides for a reduction in the minimum parking for affordable housing proposals this this project is is would be an affordable housing project so they've reduced the parking spaces by a few. Now they not the full 25% but they have reduced a few three driveway connections. First of all, we'll talk about the one to the north, this is one that was discussed earlier this year, this would be an exit only that would cut across the adjacent lots through a public access easement and connect to McKinney. An access ease or an access point along loop 288 due to the median opening configuration, it would allow a left in a right in, and then a right out only, and then a full access to Duchess drive to the south. This is proposing sidewalks along the streets and extensions through the subject, or the adjacent properties and adjacent property to the north, and they're they're depicting a sidewalk on the adjacent commercial lot, and those would connect to the existing sidewalk sidewalk facilities on Duchess drive and loop 288. We submitted a landscape plan with the proposal. There are seven areas I just want to call your attention to. Number one, they're proposing a enclosed dog park with a buffer to the adjacent commercial property in this location. Street trees they are proposing street trees in accordance with the 2019 development code along Duchess drive and loop 288. If you recall there is a very large electric easement that runs north south through the property in this location so it does limit development in these sites and development of buildings as well as tree planting so they're proposing a native grass and wildflower area. In the number three area and then a butterfly garden under number four. There's a 1.5 acre central park they're proposing we'll go over that on the next slide, but it'll have amenities like a playground pavilion pool game court taught lot for young children seating areas. They're proposing a cluster tree preservation area that would conform to the 2019 standards for tree preservation and there's a large stand they're preserving here as well and they're also proposing enhanced landscape areas between the parking the parking lot in the building to kind of create a front yard area, create a sense of arrival for residents. We'll zoom in a little bit at that central park design. They're proposing active recreation and gathering spaces distributed throughout that that open space area and that those are highlighted with those blue diamonds. The buildings are oriented you can see they ring that central park area they're oriented to to enclose that open space, and then those patios and balconies would overlook that open space, creating kind of a backyard for the residents. Pedestrian pathways are shown in yellow, and those would connect the buildings to those amenities. They provided concept elevations. These would be the proposed buildings along loop 288. And then these would be the, the concepts for the internal buildings. So with an SUP we not only look at what they're proposing on the site and doesn't meet the development code requirements but we also want to look at what's surrounding the property. Part of that SUP review process is is compatibility. So, so we looked at what was surrounding the subject site. The subject sites out here outlined in yellow here, there's a multifamily development to the west of the subject property commercial development to the north along McKinney. There is an office development to the west of the site as well as a bank to the south. There's quite a bit of undeveloped property around the subject property it has consistent zoning with that SC, however, and then there is also an undeveloped park across loop 288. So the criteria for approval for all applications as well as SUPs is in sub chapter two of the 2019 debt and development code. I won't read these to you, but we'll talk about them as we talk through the project. So, first of all compatibility so we talked about what's surrounding the subject property. This is a suburban commercial corridor, it includes a mix of uses as we just talked about that include office, retail restaurant service multifamily residential uses. So a variety of uses in the area, multifamily uses and those associated activities are compatible with commercial development, and as well as office development so it is compatible with what's surrounding the proposed development is also similar in scale to what you typically find in commercial areas and are on our arterial roadways those two and three story buildings. Those three access points will disperse the vehicular ingress and egress. So all the traffic isn't being funneled to one spot that would potentially impact adjacent property so it's being dispersed across those three, those three access points. And multifamily uses are a vital component for commercial centers. It provides places to live for for to support employment uses. It also provides customers for retail uses so that's that's multifamily is is in residential uses are important component for mixed use centers. So as I said before the the undeveloped property is similarly zone so we can anticipate that future development would be consistent with this existing existing development pattern. We also looked at doing plan 2030 and that future land use designation so this site is actually affected by to future land use designations community mixed use and moderate moderate residential community mixed use is the larger share of that. We also wanted to promote a mix of uses of which various commercial uses remain predominant but where residential service and other uses can be complimentary to support that those commercial uses. And then just to the west clipping the western edge is that moderate residential and, and this is kind of one of our urban infill residential future land use designations, smaller lots four to 12 dwelling units per acre. It's multifamily housing but could include some higher density uses or moderate density uses and and this proposal is consistent with the blended goals of these two designations. It provides that complimentary residential component that is needed to support mixed use districts, but it's at a density that blends in more with the character of the existing development so it provides that transition. At those public facilities when looking at an SUV so one thing we always look at first thing is transportation and and traffic is one of those components so the two of the proposed 276 dwelling units would generate about 2046 trips during a 24 hour weekday. That would be 125 morning peak and the 146 evening peak loop 288 is a primary arterial within the city and Duchess is a collector. They did submit a TIA to the city to review. And as one of those as one of the conclusions of that TIA, they did. It does require a restriping on Duchess to allow for for cars traveling eastbound on Duchess to have a dedicated left turn lane and a dedicated right turn lane to provide that to allow traffic to move more smoothly within that intersection. You might remember from earlier this year the applicant also proffered a deposit of $400,000 for the cost of design and construction of that of a traffic signal with pedestrian crossing at the corner of Duchess Drive and South Loop 288. So it's not not just vehicles. We also want to look at other modes of transportation. So they Loop 288 they're proposing a 12 foot sidewalk along to Loop 288. That would actually extend north across the the undeveloped lot and would connect to the existing sidewalk there on Loop 288. They're also proposing or proposing an eight foot sidewalk along Duchess, which would extend through the adjacent commercial lot and connect to that that existing sidewalk facility so that would really complete that sidewalk facility along that Duchess frontage in front of the site and connect all the way to the intersection of McKinney. And then there's also multimodal transportation in the area. So this is on the DCTA connect stop for they it's about 737 feet that bus stop from the the pedestrian or that that access gate are along Loop 288. And with those pedestrian improvements, there would be an improved sidewalk the entire way. And they also are providing bike parking in accordance with the Denton Development Code. There is wastewater and water available to the site. So an eight foot water line or I'm sorry, an eight inch water line would have to be extended along Loop 288. And there is capacity within the system to serve the proposal. We talked about the nearby Pebblebrook open space earlier this year, as you probably remember it's about 130 feet as the crow flies from the subject property. There's you need to walk the pedestrian route the safe pedestrian route is to actually walk north to that McKinney light, and then across and then down. Pebblebrook open space actually hasn't been developed yet I checked with parks. It's still about two years out it will eventually can contain some trail systems, but it but it's, it's not developed yet. So that's why those on site amenities are so important that those those playgrounds and those other amenities for the residents. We also checked with Denton ISD, the proposal would generate about 83 elementary students 30 middle students and then 44 high school students Rivera elementary Myers middle school half capacity but further residential growth is limited for those schools. Ryan High School has also has limited capacity, but D ISD has indicated the number of schools generated by the proposal could be accommodated at Ryan High School. Public notification was sent out we've received two letters in support. The item was was presented to the planning and zoning Commission and they did recommend approval with staff conditions six to zero and staff staff also recommends approval with the following conditions as it meets the criteria for approval. First condition is that the landscape in the attached plan reflects that intent to comply with the 2019 Denton Development Code. There may be minor alterations that for locations for individual plannings, or those final individual plant selections as as they get with the get through the civil engineering and that full design of the plan. So we are proposing that that would be approved by staff provided that they still maintain that overall mature canopy that they're proposing. The applicant has offered $400,000 for the design and construction of that of a traffic signal with a pedestrian crossing at the corner of Duchess Drive and South Loop 288 a separate agreement to implement this condition must be approved by City Council prior to the submittal of the final plat so you would see that agreement again, if, if approved there they are proposing that that offsite sidewalk to be to extend to the north, off of off of their site plan to connect to that adjacent sidewalk facility on 288 for that the zoning map would reflect that an SUP is is approved for that site which is consistent with the 2019 didn't development code, and not withstanding that limited administrative approval and condition one, the city would still reserve the right to require approval by ordinance of any amendments to this SUP, the site plan and any elements referenced above. And this next section is just really laying out what what they are proposing on their site plan and landscape plan and text form, just to make sure it's very clear. It also shows shows that that typical recommendation that staff has for SUP is that that it would provide staff the limited ability to approve increases up to including 5% of the amount specified and one and four, provided that all applicable requirements for the 2019 development code would be met, any increase increases greater than 5% would require a new application approval by ordinance, and those that number one is that the number of dwelling units, and that that square footage of the building footprint, and then those parking spaces. And I will stand for any questions and the applicant is also available and she has a presentation and can answer questions as well. Okay, we can pull the any questions for staff for the public hearing. Councilmember Briggs in the presentation we saw before was the, the, the cluster of trees that's preserved here that wasn't in the last presentation was it is that I don't remember that area being included. It's because I think they shifted the they shifted the design, they bought some additional land to accommodate some of what and I'm sure the applicant will speak to that we can answer that question. Okay, thank you. Yep. All right, anybody else. Okay, Councilmember Davis. I just wanted to ask for the idea for that fantastic part came from can I claim credit for that somehow that something I asked prompt that somehow. Well, we can ask the applicant that as well. All right, so let's, let's get the applicant on we don't have any other speakers scheduled, but the applicant. At this time, let me pull up the applicants presentation as well before she gets started. Okay, I'm getting Oh, that was that was Jean I think that are. Yeah, it is Jean Are you there. Guess not. I saw a pop up. Okay. She must be having some technical difficulties. Are we able to is her presentation ready to go. Yes, I finally found it. Okay. So, I don't know if y'all can hear me now I have the screen up on my computer but then talking through my phone which I think is part of the problem. No, we can hear you and there's no reverberation so I think we're good for now. Okay. I can't hear you. Okay. My only problem is that I won't be able to hear you so I can see you. Otherwise I get the feedback so if you want to interrupt me I'll try to glance over and see if somebody raises their hand or something. We'll just let you get through your presentation, and then we will see if there's any there's a couple questions for you and we'll figure it out, one way or the other. Great, great, I could, I could just hear that. Great. As Julie mentioned, this development was before you earlier this year, before the pandemic shut everything down we applied under the old code and rezoned CMG and needed an SUP to build a multifamily development without a commercial component. So we're here with our new application under the new code as she said it's zoned SC, which does contemplate multifamily use, but does still require the SUP, and I believe even with the SUP, the underlying zoning doesn't go away so if we were to walk away for years and not develop this, this SUP it doesn't change the underlying zoning and you still are SC. I'd let Julie correct me on that if she needs to but next slide yes. Next slide with the site plan. And this shows an image of the debt and growth site plan overlaid on Google Earth. We actually had to add the Discount Tire and Credit Union to this exhibit but they're showing up on Google Earth now. So this was repaired, prepared. And you can also see the commercial lots on either side of Denton Grove. One is on loop 288 and outlined in red between us in the jack in the box, and the others a lot that we created on Dutchess Drive, you can see it on the rest colored portion of the site, next to the Denton Record Chronicle. If you can visualize kind of being on 288 and looking over that blue detention area, you still have good visibility for the bank and the newspaper and whatever is built on the new commercial lot. And next slide please. That highlights the landscaping. I'm sure Councilman Davis, we can give you some credit for that that central park in there I think some of that came from staff as well and you can see the large amount of open space. Also in those yellow and purple areas which represent the butterfly and wildflower gardens. There's that big central park several amenities for the residents, and the tree preservation area in dark green and I guess Councilman Briggs. That was not there before that is a result of the addition of the land to the north. But we are happy to be able to preserve all of those trees there. The next slide please. And this is what the development will actually look like from the street. This 232 product that will front loop 288 really looks even better in person, we just built this product in San Antonio. It's already proving to be very popular and leasing up really quickly. And behind those street trees. You can kind of tell it's there it's a very nice big 12 foot wide sidewalk so a multi use path there really. Next slide please. What I really like to focus on tonight are the changes that we made from our previous application. We took the comments that we heard from you last year and earlier this year and in response to those have been working over the last six months to make some significant changes to this plan. Next slide please. The most important change is that Mr. Ken Key who owns property adjacent to this development previously objected to the application and actually caused us to be in a position where we would need a super majority in order to be approved. This council then asked us to go back to the drawing board and work with Mr. Key. So that's what we did. The write up stated that we did not hold another meeting since last December, but we did in fact meet with the adjacent landowners in April, and talk through some options, it was very productive and resulted in this letter, which I sent to all of you a couple months ago, I won't read it all, but it states that, I quote, we met with ped core representatives on April 7 2020 to discuss this new proposal, and we truly appreciate their willingness to work with us, we write this letter in support of the new application. Next slide please. This map shows the adjacent landowners who are currently supporting this application. It includes the gentleman in the letter I just quoted, which represents Mr. Key, Mr. Rainey, and the landowners of the Denton record Chronicle. We also have support from Scott Brown and Nancy Cope, and the previous application was supported by Mr. Randy Smith as well and we understand he still supports. Next slide. Thank you. To the specific changes we made in response to comment from council and staff. We have added the tree preservation area in that northeast corner of the site, as well as over 130,000 square feet of landscape area, including a 1.4 acre central park, which includes a swimming pool, game court, pavilion, additional seating area, barbecue grills, and two playgrounds, and I don't think I even mentioned the dog park, but not part of the central park. Next slide please. And two big changes were made to increase connectivity and mitigate traffic concerns, we created a drive that will provide access to East McKinney Street from this development and have also committed to filling the sidewalk gap that would otherwise exist on the vacant lot between our development and the jack-in-the-box. This will also provide safe access to the bus stops that are right there on McKinney Street. Next slide. This development represents a significant investment in the community, $58 million, and before getting to the biggest changes we've made, I want to point out that we also will be paying full property taxes and will not be seeking any property tax exemptions. But the really big change is the creation of a commercial lot on Dutchess Drive that was not in the previous application. This was a direct result of our work with the adjacent landowners and the primary reason for their support. And also, obviously, in direct, in response to your comment. Last but certainly not least, we have committed to giving $400,000 toward the construction of a traffic signal with pedestrian crossing at Dutchess Drive and Loop 288. This is one more way that we are mitigating traffic and was also a factor in gaining the support of Mr. Key, Mr. Rainey, and their business partners. It will undoubtedly be a huge benefit to the newspaper, the bank, and the future businesses along Dutchess Drive, and perhaps more importantly, will make a safe crossing for when the Pebblebrook open space is developed. And one thing I don't know that we pointed out, but if that $400,000 if all of it is not needed for the traffic signal, then that those funds will be dedicated to that Pebblebrook open space I believe that was Councilman Meltzer who wanted that one to happen. Next slide please. I think the changes that we've made in response to comment are sufficient to address the appropriateness of the land use here but I know it's also important that the developer and operator of the property has the ability and experience to stand by the commitments made to the city. We are fully integrated development company, and will be responsible for the construction and long term ownership and management of the property, so we can do just that. Next slide. And with respect to the product itself. This development will have several community and unit amenities, and besides the central park mentioned earlier, we also have the dog park car vacuum station community center fitness room and business center. Next slide. These not only service benefits to our residents but also mitigate traffic since those residents will not have to run down the street to go to the gym or the pool or anything. We've even provided both laundry hookups and a community laundry room. This is just a rendering of another development that we're working on in San Antonio but similar to what we'll have here. Next slide. And I will sum up to sum up the changes that we have made from our previous application. First we improve the site plan with significant landscaping and a tree preservation area. We have created a central park to benefit our residents and mitigate traffic. We've provided connectivity and further mitigated traffic by building additional sidewalks and an access drive to McKinney Street, and by making a significant financial contribution to the construction of a traffic signal. Finally, you've carved out carved out a commercial lot on Dutchess drive. And most importantly, we have gained the support of the adjacent landowners. That's all for me but I'm happy to take any questions. Can you hear us, Jean. I can. Okay, we're going to try to. I've got a question for staff. If she were to call back in on the line where we haven't passed into the meeting with that make it easier. Do you think I might have just figured it out. Okay, good deal. All right. Yeah, we don't hear. Okay. All right. Sorry. No, that's okay. Fantastic. All right. We've got a, we've got a question from Councilmember Davis. I'm going to keep my tongue in my cheek. So, I just wanted to thank you, Jean and your organization for going back to the drawing board on this, I don't think is any secret that I wasn't a big fan of the, the old plan, I had some big issues with it. You've really tightened this up you made it a much more feasible for that space I think and in particular, that commercial lot. I think we'll make it truly, please closer to truly mixed use there in that corridor so I appreciate the work. Councilmember Briggs. Thank you, Jean. This is a great project and I appreciate you being persistent and not giving up and working with everyone. On the, I do want to ask about the, the, the grove, the trees. I'm glad to hear that that's protected because I've seen them for a long time and I didn't know if that was part of the, if that area was part of the business in front. So it's good to know that there's nothing that is going to happen to them from now on. And I, on the parking, 576 spaces seems like a lot for less than 300 units. Does that allow for guest parking? I believe the number was 524. Oh, okay. Right. And that would include guest parking. Okay. All right. Thank you. All right. Who else, Councilmember Armitage. Somehow we can only see about half of you. Sorry, I moved locations having technical difficulties. Okay, thank you so much for your work on this. I just wanted to thank the applicant. I am amazed and would have loved to be, have been a fly on the wall. In the room, physical or virtual as those negotiations were made and agreements because there was such opposition from the landowner and now we've got that letter with their approval. So I don't know what kind of magic everybody pulled, but I'm really thrilled. I like the previous version and I like this too. So thank you so much for still, still wanting to be here. Councilmember Meltzer. Great job. Great listening, great teamwork. Great product. I move approval. Councilmember Briggs. Mr. City attorney. I was waiting for the opportune time, but now that the motions and has been made and seconded. There is a legal issue that I'd like to discuss with council in closed session concerning one of the conditions involving the traffic signal and the park, which is the $400,000 contribution. We have included as a condition of that in Julie's presentation of an agreement that needs to be separately approved by council. There is another legal issue part of that agreement that I would love that I would prefer to discuss that with council in closed session. If you all deem it appropriate, if we could call a closed session to go into it so I can provide legal advice to you. Okay, my question is, is this issue just cropped up now or in this meeting or was this issue known before. This issue was known before and the council was previously advised of this via legal status report back in February. Okay, so it's a reminder so we didn't. Okay. All right. Okay. All right, we will then convene in closed session at 930 for agenda item 6B pursuant to Texas Government Code section 551.071 I believe is that correct Aaron, a consultation with attorneys. Yes. All right, if we could and Jean if you'll, somehow we've got to alert her when we come back. So, if staff could make the necessary arrangements to do that then we'll make sure we do so if we could clear the room and staff prepare the meeting, the virtual meeting for the necessary individuals to participate. Okay, welcome everybody back to this meeting of the density council it is 959 we are on our last agenda item, except for concluding items of public hearing agenda item 6B. I do not believe that I close the public hearing. So, I will now close the public hearing for agenda item 6B. And do we have the applicant on or is she going to rejoin us? Jean, are you there? I am. Okay, I think I'm hearing, I'm hearing myself in the background. Are you able to hear me if you turn your volume down on the meeting or is that? So, I got dropped from my phone, but I can try that back again. Okay. Just let me know. Okay, now you shouldn't hear me. No, I can hear you. I mean, you shouldn't hear yourself in the background. That's correct, but you can hear me. Great. Okay, Jean, we came out of closed session, and there's just a little wrinkle that we need to deal with on that agreement of the $400,000 and so staff will be getting with you but we think it's best because part of the letter said, or one of the recommendations of the zoning case was that before final plat that that letter agreement regarding those $400,000 for the signal be executed and or resolved. So, we think it's best to sort of take care of all that at the same time. And I believe that what we're going to try to do is get this on the next available meeting which is the 15th I believe, and then staff and legal will get with you to work out those particular terms and things. So, I think that's how we're going to proceed at this moment this is sort of something that sort of cropped up so certainly extend our apologies for that it's nobody's fault it's just, you know, these things happen. It's legal advice just from our city attorney's office to to make sure that we cross all the eyes and dot all the T's. That's the opposite of that and it cross the T's and all the eyes. So we want to we want to follow that advice, because I think it would be beneficial to all of us, the city and the applicants, so I wanted to express that to you, and we will get this back on as quickly as we can at the next available meeting. At the next available meeting which I believe is the 15th, where we'll take care of both of those issues, not issues but both of those processes that we need to do, which is the execution of the letter and the rezoning and consider all that together. Instead of doing a piecemeal in order to just provide the best position possible. So I extend my apologies to that. These things, sometimes happened and that's no excuse so I wanted to share that with you personally. Well, I appreciate it. I don't know if I'm speaking on a turn it's hard to tell when I'm not live, but, but I appreciate that I was, I was looking at my phone because I know we, with all of these new purchase contracts we have are very quickly approaching closing deadlines. And working out additional land loans so I was just trying to make sure that that was all going to work. But I guess we'll just make it work. Yeah. Okay, I appreciate that. Yes. And certainly, I would ask that you review all those particular deadlines, so that tomorrow when staff contacts you that if there is an issue that we can at least know about it as quickly as possible to see if, if there's some ways that we can be accommodating and that we certainly I think would would want to do that. I appreciate that as well and I will definitely get those together. Okay. All right. So, at this time we have closed the public hearing I think what we need is a motion to postpone to a date certain Is that correct Mr city attorney. That is correct. That would be till the 15th, I guess. Is that September 15 yes. Councilmember Meltzer. Okay, I moved to delay, or to postpone till September 15 when I look forward to happily reintroducing my motion to approve. Okay, Councilmember Briggs. I will second but I'll also say that I'm very willing to meet beforehand if one of the, the dates comes back and it's going to put you guys in a bind on on any of those other issues. But if that's a, if that's a friendly amendment to say by, you know, to that date or earlier if, you know, if needed, needed. I accept that. Okay. Is that a, is that a proper motion, Mr city attorney. Yes, sir. Okay, thank you. All right. So we have a motion and a second to postpone till the 15th or earlier as needed. Councilmember Meltzer how say you. I. Councilmember Briggs. Yes. Councilmember Davis. I. Mayor Pro Tem. I could barely hear on you, Councilmember Mayor Pro Tem. I. Councilmember Ryan. I. Councilmember Armitter. Yes. Mayor Watts is an I so the motion carries to postpone. Thank you all thank you Gene for your your patience and your your grace in this matter I appreciate it. We'll move on. You bet we'll move on to concluding items any concluding items. Councilmember Davis. A quick shout out to everybody in the ASD making it work even though it's tough to do and they're going to start next week with more folks on campus and also we started the council meeting at noon today so I didn't get to go by East Side Social Club. But they're also making it work. So I encourage everybody yes your council members telling you to go to go by the bar tomorrow. Go by check out what they're doing check out the food trucks. They're making it work in a hard time, and I'm really happy for them. Wonderful. All right. Councilmember Briggs. Mayor North Texas giving day is coming up on the 19th of this month. And I have noticed that many organizations have started accepting donations early. I just like to encourage everyone out there to find their cause and support it. And also September is National Wilderness Month. Hopefully the weather stays cooler and a little drier, and everyone can get outside and spend some time in nature. Okay. Councilmember armature. Yes, I just want to second what Council Councilmember Davis said about about East Side and the food trucks and just to add to that that a food truck is one of them. One of the safest possible, you know spaces to get to get food because it is really good place for social social distancing it's like a little cubicle for distancing. And I also wanted to just say a shout out to our DME line workers. You who are who have gone in, in our in our helping out with with a hurricane damage and so thank you to them they've done this before. And it's really terrific that that cooperation across states. So much appreciated. And I have a couple things going on. But first and foremost, to anyone that lost family members is this week, my condolences but I want to point out a couple. So, coach john Thompson from Georgetown, and then Chad Rick Bozeman the actor. So, just those two are have made a notable impact on many people and so I point those out then on the and condolences to their family associates, etc. The parks department I want to remind people has a meeting on Thursday, September 3 via zoom to talk about a statue that's going proposed to go in front of the MLK Center, and the kind of foundation mural that would be painted underneath the railroad heading into southeast and so I want to point that out. Happy belated birthday to Miss Betty. And then I asked people to have a safe Labor Day weekend, wear a life vest, please. Very important. And then lastly, just DME staff again, helping, and I want to city staff and DME I want to say this, I received a message from a citizen that had their power turned off, and we're struggling, trying to bounce around to find services themselves and I was able obviously for our meetings and our communication to connect them with staff with the customer service, they got them turned on same day, and then helping them get through the process so I appreciate the processes in place, and the messaging that goes forward. This one was just one that got missed but same day, we're back up and running so thank you. Okay, anyone else.